BODY FORM GROUP AGREEMENT - TERMS & CONDITIONS

These Terms and Conditions (Agreement) govern your enrolment, participation, and use of any in-person or online Courses provided by Body Form Education Pty Ltd (Body Form Education), its related entities, their licensees and sub-licensees (Body Form). By enrolling in, and participating in, any Courses, you accept and agree to be bound by this Agreement. 

1. DEFINITIONS  

1.1 Courses mean the accredited teacher training programs including, but not limited to, Mat Pilates, Barre, Reformer Pilates, Studio Equipment training (including Trapeze Table, Cadillac, Wunda Chair, Spine Corrector, Ladder Barrel), Pre- and Post-Natal content, anatomy and injury courses, and associated certifications.

1.2 Participant refers to any individual enrolling in, attending, or accessing Body Form Courses. 

1.3 Proprietary Materials includes, but is not limited to, all content including written materials, presentations, training materials, manuals, videos, audio recordings, photographs, assessments, cueing strategies and any intellectual property provided by Body Form to a Participant during a Course. 

1.4 Scope of Practice refers to the legal and professional boundaries within which a Participant may apply knowledge or techniques acquired during a Course.

2. IN PERSON COURSES 

2.1 In person Courses will take place at specified locations, as determined by Body Form.

2.2 Equipment required for in person Courses may be provided by Body Form. 

2.3 Participants are responsible for ensuring they use the equipment safely and within their own physical capabilities. 

2.4 Participants attending in person Courses warrant they are fit and able to participate. 

2.5 It is the responsibility of the Participant to notify the instructor of any concerns, injuries or limitations prior to participating in any Course.

2.6 Participants acknowledge and agree that participation in Courses involves risk and that each Participant is solely responsible for ensuring their own safe participation.

3. ONLINE COURSES 

3.1 Online Courses are accessible via an online platform, and Participants may access these Courses on their own accord.

3.2 Participants have the sole discretion to choose the location in which they access online Courses.

3.3 It is the responsibility of the Participant to ensure online Courses are attended in a safe and suitable environment and Body Form is not responsible for any limitations or issues of any nature that may arise from the Participant’s choice of location or participation. 

GENERAL TERMS AND CONDITIONS

The following general terms and conditions apply to both in person and online Courses. 

1. ENROLMENT AND ACCEPTANCE  

1.1 Enrolment in any Body Form Course constitutes acceptance of this Agreement in its entirety. 

1.2 Participants represent that they meet all prerequisites and legal qualifications required to participate in the Course.

1.3 Course enrolments are non-transferable between individuals or other Courses, unless expressly approved in writing by Body Form in its sole discretion. 

1.4 Body Form reserves the right to reject or terminate enrolment of any Participant at any time without providing a reason. 

2. SCOPE OF INFORMATION  

2.1 All Proprietary Materials provided during Courses are confidential and remain the exclusive property of Body Form. 

2.2 Participants may use Proprietary Materials solely for personal professional development and education purposes. 

2.3 Participants must not reproduce, distribute, sell, or otherwise exploit any Proprietary Materials without the prior written consent of Body Form. 

3. RECORDINGS AND USE  

3.1 Recording of any part of a Course, whether video, audio, or photographic, is strictly prohibited unless expressly permitted in writing by Body Form. 

3.2 Any permitted recordings may only be used by the Participant for personal educational purposes, and must not be copied, shared, uploaded, or disseminated in any form. 

3.3 Breach of this clause constitutes a material breach of this Agreement and may result in legal action. 

4. CONFIDENTIALITY  

4.1 Participants shall keep all information obtained during Courses confidential. 

4.2 Confidential information includes, but is not limited to, all Proprietary Materials, teaching methods, client examples, discussion content, and any materials not publicly available. 

4.3 Unauthorised disclosure of any confidential information by a Participant may result in legal action. 

5. LIABILITY AND DISCLAIMER  

5.1 Participation in any Course is at the Participant’s own risk. 

5.2 By participating in a Course, Participants acknowledge that participation involves physical activity and carries risk of injury and strain. Participants voluntarily assume these risks, including those that may occur during practice teaching, self-practice or Course participation.

5.3 Body Form, its owners, directors, employees, and educators shall not be liable for any injury, loss, or damage arising from: 

1. application of any techniques learned during a Course; 

2. participation in practical sessions; 

3. improper or unsafe use of equipment by a Participant; or  

4. interaction with clients or third parties based on Course content. 

5.4 Participants acknowledge their responsibility to apply all knowledge in compliance with applicable laws and their professional Scope of Practice. Participants accept full responsibility for applying what they learn during a Course and, any outcomes, including client injuries, are the Participant’s sole responsibility.  

5.5 Participants waive any and all rights to claim against Body Form in relation to any loss, injury, or damage that may occur during Courses or after, except where such liability cannot be excluded by law.

5.6 Body Form will not be in default or breach of this Agreement, or will not otherwise be liable to a Participant for any failure or delay in performance resulting from events beyond its reasonable control, including, but not limited to, natural disasters, illness, travel disruptions, government restrictions, technical failures, acts of terrorism, riots, revolutions, civil commotion, epidemic or pandemic. 

6. PARTICIPANT CONDUCT 

6.1 Participants acknowledge they must behave in a professional and respectful manner at all times during participation in Courses.  

6.2 Body Form reserves the right to remove any Participant from a Course where their conduct, in Body Form’s sole discretion, is unsafe, disruptive, inappropriate and/or detrimental to Body Form, its educators, or other Participants. 

6.3 Removal from a Course under this clause will not entitle the Participant to any refund, credit or other type of compensation. 

7. HEALTH AND MEDICAL DISCLOSURE 

7.1 Participants warrant to Body Form that they are medically fit to participate in all aspects of the Course. 

7.2 Participants acknowledge that it is their responsibility to disclose to Body Form in writing of any injuries, medical conditions, or limitations prior to participation in any Course.

7.3 Body Form will not be liable for any injury or harm, including any injury or harm resulting from undisclosed medical conditions and/or failure by the Participant to act within their physical capabilities.

8. PRACTICE TEACHING RESPONSIBILITY 

8.1 Participants acknowledge that practice teaching forms part of Course participation, and Participants are solely responsible for any individuals they choose to practice with, including other Participants or third parties.

8.2 Body Form will not be liable for any injury, loss, or damage arising from practice teaching activities conducted by Participants.

9. COURSE FEES AND PAYMENT 

9.1 Students will make payments directly to Body Form Education (or as Body Form Education may direct from time to time) for enrolling and participating in Courses (Course Fees).

9.2 Where a Participant is enrolled in a payment plan in relation to Course Fees, all instalments remain payable for the duration of the plan and until all Course Fees are paid in full, regardless of participation, completion, or withdrawal from a Course.

9.3 Participants acknowledge that failure to participate in, complete, or attend a Course does not relieve them of their obligation to pay the applicable Course Fees. 

9.4 Body Form Education will collect and administer all Course Fees for and on behalf of a studio owner in relation to a Course and remit Course Fees to studio owners net of Body Form’s licence fee. Body Form Education will act solely as a payment collection agent for each studio owner and, will have no other involvement or responsibility for the operations, management, or conduct of a studio. 

10. PAYMENT DEFAULT, CHARGEBACKS AND PAYMENT DISPUTES

10.1 Where a Participant is on a payment plan and fails to make a scheduled payment when due, Body Form may immediately suspend all access to Course materials, withhold their certificate and/or pursue legal action to recover outstanding amounts.

10.2 Access to any Courses will not be reinstated until all outstanding payments have been received by Body Form.

10.3 Any attempt by a Participant to initiate a chargeback or payment dispute without first contacting Body Form in writing constitutes a breach of this Agreement.

11. INTELLECTUAL PROPERTY AND NON-COMPETE  

11.1 All intellectual property in Courses is owned exclusively by Body Form. 

11.2 Participants must not without Body Form’s prior written consent: 

1. replicate, adapt, or modify Course content;

2. create derivative works based on Body Form content;

3. teach, deliver, sell or present Body Form content in any format; and/or

4. use Course content to create competing education programs.

These restrictions apply regardless of whether content has been altered, adapted, or reworded.

11.3 Participants may not, for a period of twelve (12) months following Course completion, create, offer, teach or sell any course, workshop, or content substantially similar to that content provided by Body Form without prior written consent of Body Form. 

11.4 Participants must not use Body Form branding, logos, or materials for commercial purposes without prior written consent of Body Form. 

11.5 Participants must not represent themselves as acting on behalf of, affiliated with, or endorsed by Body Form unless expressly authorised in writing by Body Form.

11.6 Breach of this clause constitutes a material breach and may result in injunctive relief and damages. 

12. NO REFUND POLICY  

12.1 Unless required by Law, all Course Fees are strictly non-refundable under any circumstances and cannot be exchanged, credited, transferred, or otherwise.  

12.2 Participants are responsible for ensuring their ability and commitment to complete the Course prior to enrolment and accept that no refunds, credits, transfers, or deferrals are available if their commitment and/or circumstances change. 

12.3 Participants acknowledge and agree that a change in their personal circumstances, including but not limited to, injury or illness, pregnancy, work commitments, relocation, inability to attend Courses or failure to complete a Course will not give rise to a refund, credit, transfer, or deferral. 

12.4 Participants acknowledge that failure to complete a Course, attend sessions, or submit assessments does not entitle the Participant to any refund, credit, transfer, or deferral.

12.5 Dissatisfaction with any Course content, delivery, or outcome does not entitle the Participant to any refund, credit or transfer.

12.6 Body Form reserves the right to cancel or reschedule Course dates, locations or delivery formats where required. In such circumstances, Participants may be offered a replacement date or format, but no cash refund, credits, or compensation will be issued, unless otherwise agreed by Body Form. 

12.7 Body Form reserves the right to modify, update, and/or change Course content, and any modifications, updates and/or changes will not entitle Participants to any refund or compensation.

12.8 Body Form may, in its sole discretion, grant exceptions to this no refund policy. Any such exception must be agreed by Body Form in writing and shall not create any precedent for any future or similar circumstances.

13. NO GUARANTEE OF OUTCOMES 

13.1 Body Form makes no representations or guarantees in relation to employment, income, business success, client acquisition, or professional outcomes as a result of participation in any Course.

13.2 Participants acknowledge that results will vary depending on individual effort, experience, qualifications, and market conditions. 

13.3 Body Form is not liable for any lack of employment opportunities, business success, or financial outcomes following completion of any Course.

 

14. COURSE COMPLETION REQUIREMENTS

14.1 Participants must complete all required assessments, practical components, and course requirements to a standard reasonably determined by Body Form in order to receive the relevant certification.

14.2 Participants acknowledge that they must attend all required training sessions in full to be eligible for Course completion and certification. Failure to attend scheduled sessions may result in the Participant being required to rebook and attend alternative sessions at their own cost. Body Form does not guarantee availability of replacement sessions in these circumstances.

14.3 Body Form reserves the right to withhold certification where a Participant has not met the required competency standards, as set by Body Form.

14.4 Failure to complete Course requirements within the specified timeframe may result in forfeiture of certification eligibility without a refund.

14.5 Extensions or reassessment opportunities may be granted by Body Form in its sole discretion and may incur additional fees for the Participant.

 

15. COURSE ACCESS AND DURATION 

Access to Course materials is granted as follows:

15.1 In relation to qualification Courses (including but not limited to Mat, Reformer, Barre, and Studio Equipment Certifications), Participants will receive access to the relevant Course materials for a period of eight (8) months from the date of initial payment. Access will automatically expire at the end of this period. 

15.2 In relation to online Continuing Professional Development (CPD) Certifications (including but not limited to Strength, Pre/Post Natal, and Injury Modification), Participants will receive ongoing access for the duration that the Course remains active within Body Form’s platform. Body Form reserves the right to remove or discontinue access at any time without notice to the Participant.

15.3 In relation to workshop replays, Participants will receive access to workshop recordings for a period of two (2) weeks from the date of upload, after which access will be revoked.

15.4 Body Form is under no obligation to reinstate access once the applicable access period has expired.

16. IP ADDRESS AND ONLINE ACCESS POLICY  

16.1 Access to Proprietary Materials through the online portal is restricted to a single IP address per enrolment. 

16.2 Sharing access or using multiple IP addresses constitutes a breach of this Agreement. 

16.3 Breaches of this clause may result in immediate suspension, termination of access, and/or legal action. 

17. PRIVACY AND DATA USE 

17.1 Participants acknowledge that Body Form will collect and store personal information of the Participant for the purpose of Course delivery, administration, and communication.

17.2 All personal information collected will be dealt with in accordance with Body Form’s privacy policy which can be found at https://www.bodyform.com.au/privacypolicy   

18. LEGAL COMPLIANCE  

18.1 Participants must comply with all applicable laws and regulations when participating in, and applying knowledge from, any Courses. 

18.2 Any violation of this Agreement or applicable laws may result in legal action. 

18.3 Body Form reserves the right to take legal action against Participants who misuse or unlawfully distribute Course content. 

19. SCOPE OF PRACTICE  

19.1 Course content is for educational purposes only. 

19.2 Participants must operate within their professional and legal Scope of Practice. 

19.3 Body Form is not responsible for any breach of professional standards, licensing, or Scope of Practice by the Participant. 

20. TERMINATION  

20.1 Body Form may terminate a Participant’s access to any Course for: 

1. breach of this Agreement; 

2. misuse of Proprietary Materials; 

3. conduct which is or could be detrimental to Body Form or other Participants, as reasonably determined by Body Form. 

20.2 Termination does not relieve the Participant of any obligations under this Agreement. 

21. GOVERNING LAW AND DISPUTE RESOLUTION  

21.1 This Agreement shall be governed by the laws of the jurisdiction in which Body Form operates.

21.2 Any disputes arising under this Agreement shall be resolved in the courts of that jurisdiction. 

21.3 Participants agree that injunctive relief may be sought to prevent breaches of this Agreement, including breaches of confidentiality, intellectual property rights, and non-compete clauses. 

22. ENTIRE AGREEMENT  

22.1 This Agreement constitutes the entire understanding between the Participant and Body Form regarding the Courses. 

22.2 No oral or written statements outside this Agreement shall alter or supersede its terms. 

23. CONTACT INFORMATION  

23.1 For questions, clarifications, or requests regarding this Agreement, participants should contact Body Form at contact@bodyform.com.au. 

By signing or electronically acknowledging this Agreement, I, the undersigned Participant, confirms the following: 

1. Acknowledgment of Terms and Conditions 

I have read, understood, and agree to the terms of this Agreement in full. I understand that this Agreement governs my enrolment, participation, and use of all course content, both in-person and online. 

2. Scope of Practice 

I understand that the Courses are for educational purposes only. I will operate within my professional and legal Scope of Practice and accept full responsibility for my application of any techniques or knowledge gained through participation in the Course. 

3. Confidentiality and Intellectual Property 

I acknowledge that all Proprietary Materials are the sole property of Body Form. I will not copy, reproduce, distribute, share, or use any course content outside the permitted personal educational purposes as outlined in this Agreement. 

4. No Refund Policy 

I understand and accept that all Course Fees are non-refundable, non-transferable, or able to be credited under any circumstances. 

5. Access, Online Policy, Privacy and Data Use

I understand that online course access is restricted to a single IP address and that sharing access or circumventing this policy is prohibited. I understand that my access is for the enrolment period only, and there is no obligation of Body Form to reinstate access after the enrolment period under any circumstances.

6. Liability Disclaimer 

I accept that Body Form, its owners, educators, and associated entities are not liable for any injury, loss, or damage arising from participation in the Courses. I assume full responsibility for my actions and any outcomes resulting from participating in Courses and/or from applying the knowledge or techniques learned during the Course. 

7. Legal Compliance 

I agree to comply with all applicable laws and regulations when using any knowledge gained from Body Form Courses. I understand that any breach of this Agreement may result in legal action. 

8. Non-Compete Agreement 

I acknowledge that I may not, for twelve (12) months after completing the Course, create, market, or sell any substantially similar course, workshop, or content without prior written permission from Body Form. 

9. Termination of Access 

I understand that Body Form may terminate my access to any Course for any breach of this Agreement, misuse of content, or conduct detrimental to Body Form (its owners, educators or associated entities) or other Participants. 

Participant Declaration   

By signing or ticking the acknowledgment box electronically, I confirm that: 

• I have read and understood this Agreement; and 

• I agree to be legally bound by this Agreement.

I am enrolling voluntarily and assume full responsibility for my participation and have fully read the Terms and Conditions and service agreement.