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Legal documents

Terms &
Conditions.

Effective: 6 April 2025 ABN: 37 836 137 606 Governed by Queensland law
Important notice

By purchasing any pass, pack, class, membership, workshop, event or other service offered by Kynd Studios, and by booking into or attending any class or session, you agree to these Terms & Conditions in full. Please read them carefully before purchasing. These terms operate in conjunction with the Queensland Fair Trading (Code of Practice—Fitness Industry) Regulation 2003 ("Fitness Industry Code"). A copy of the Fitness Industry Code is available on request at the studio.

1Definitions

The following definitions apply throughout these Terms & Conditions and all related Kynd Studios documents:

  • Member / Membership — A client who has entered into a recurring autopay subscription with Kynd Studios (2 of a Kynd, 3 of a Kynd, 4 of a Kynd, 3 Reformer + Unlimited, or Unlimited memberships). Members are subject to minimum terms, cancellation notice periods, and membership-specific policies including the cooling-off period under the Fitness Industry Code.
  • Casual Client — A person who has not entered into a membership agreement and who pays for fitness services on a per-visit, per-class, or per-pack basis. This includes purchasers of class packs (5-class, 10-class or any other pack), single/casual classes, drop-in sessions, and Intro Offers. Casual clients are not members, do not hold membership entitlements, and are not entitled to the cooling-off period that applies to membership agreements.
  • Intro Offer — A time-limited promotional offer available to new clients only. Intro Offer holders are casual clients. Separate terms apply.
  • Class Pack / Pass — Any pre-purchased bundle of classes sold at a fixed price (e.g. 5-class pack, 10-class pack). Pack holders are casual clients.
  • Booking — A reservation made by a client for a specific class or session via the Kynd Studio app or website.
  • Late Cancel — A cancellation made less than 4 hours before a class start time.
  • No Show — A failure to attend a booked class without prior cancellation.
  • Cooling-Off Period — The 48-hour period commencing from the date a membership agreement is entered into, during which a member may terminate the agreement in writing. The cooling-off period applies to recurring membership agreements only — it does not apply to casual client purchases including class packs, passes, or Intro Offers.
  • Studio — Kynd Studios, its premises, staff, teachers, and representatives.

2Casual Clients — Packs, Passes & Intro Offers

Purchasers of class packs, single classes, drop-in sessions, and Intro Offers are casual clients under the Fitness Industry Code. They are not members and are not entitled to membership rights including the cooling-off period, cancellation notice periods, membership holds, or refunds on the basis of change of mind.

2.1 Introductory Offer

  • The Intro Offer is available to new clients only and may only be purchased once per person.
  • You may not create a new account using different personal information to purchase a second Intro Offer. Clients found doing so will be suspended.
  • The Intro Offer is non-refundable, non-transferable, and non-extendable for any reason.
  • Intro Offers are subject to change including the nature of the offer, price, and expiry. Your offer will be honoured as it was at the time of purchase. The terms applicable to your Intro Offer were available at the checkout page at the time of purchase and were confirmed to you via email.
  • A previously purchased Intro Offer cannot be re-purchased under new or updated offer terms.
  • Validity: Intro Offers must be activated within 3 months from the date of purchase. Once activated, the expiry of the individual Intro Offer begins. The expiry period is specific to the offer purchased and was confirmed at time of purchase and via email.
  • Once activated, the Intro Offer activates from the date and time of your first booking. If you cancel your first booked class, the offer remains activated from that booking date — you may not book a class earlier than the originally booked date/time.

2.2 Class Packs & Passes

  • 5-class packs: valid for 1 month from date of activation.
  • 10-class packs: valid for 3 months from date of activation.
  • All other packs and casual classes: valid as stated at time of purchase.
  • Packs and passes are non-refundable and non-transferable between clients.
  • Sessions cannot be used by a person other than the account holder. If someone other than the account holder attends, they will be required to create their own account and purchase their own sessions.
  • No extension will be granted except in cases of unforeseen injury or medical emergency. Medical extension requests must be submitted by email before the expiry date and must include a current medical certificate.

2.3 Discounted, Sale & Promotional Offers — Packs & Passes

  • All discounted and promotional pack/pass purchases are final. They are non-refundable, non-transferable, and non-extendable regardless of the price paid.
  • Discounted or sale packs and passes are subject to the same expiry, activation, and late cancel/no-show terms as standard packs and passes.
  • A discounted or promotional purchase does not confer membership rights. Purchasers remain casual clients under the Fitness Industry Code.
  • Promotional terms (price, inclusions, expiry) are specific to each offer and are confirmed at the time of purchase. Kynd Studios reserves the right to withdraw or vary promotional offers at any time without notice.

3Memberships

Memberships are recurring autopay subscription agreements. The following terms apply to all memberships: 2 of a Kynd, 3 of a Kynd, 4 of a Kynd, 3 Reformer + Unlimited, and Unlimited memberships.

3.1 Minimum Term

  • All memberships are subject to a minimum 6-week commitment from the date of the first payment.
  • Memberships may not be upgraded or downgraded within the minimum term.
  • Cancellation requests will not be accepted until the 6-week minimum term has been completed, except in cases of permanent medical incapacity (see Section 5).

3.2 Payments & Billing

  • Payments are automatically debited weekly from your nominated payment method on a consistent payment date.
  • Your payment date remains consistent, including when returning from a hold.
  • Failed payments may result in temporary suspension of your account and cancellation of booked classes until resolved.
  • Memberships may be subject to price increases. You will be notified in writing at least 4 weeks before any change takes effect.

3.3 Discounted & Promotional Memberships

  • From time to time Kynd Studios may offer memberships at a discounted or promotional rate for a limited time.
  • Where a fitness service is offered free or at a reduced rate under a membership agreement, the usual fee for the service, any increase to the usual fee made before the offer, and any decrease in quality or restriction in access resulting from the offer, will be disclosed to you before you enter into the membership agreement, as required by the Fitness Industry Code.
  • Discounted or promotional memberships are subject to the same minimum term, cancellation, hold, and billing terms as standard memberships.
  • Promotional pricing is locked for the duration of the promotional period specified at the time of purchase. After that period, the standard membership rate applies. You will be notified in writing before any rate change.
  • Promotional memberships cannot be combined with other offers, discounts, or concessions unless explicitly stated at the time of purchase.

3.4 Membership Holds (Suspensions)

  • Holds are available after the 6-week minimum term only (except medical holds).
  • Members may hold their membership for a maximum of 4 weeks (28 days) total per calendar year, excluding holds for medical reasons.
  • A minimum of 2 weeks' written notice via email is required before a hold begins.
  • Holds are available in blocks of 7, 14, 21, or 28 days only. Only one hold may be active at a time.
  • Medical and injury holds are available with a valid medical certificate and estimated recovery period, and are not counted against the annual 4-week hold allowance.
  • All hold requests must be submitted by email to hello@kyndstudio.com.au. We do not accept hold requests via text, app message, direct message, phone call, or any other channel.

3.5 Cancellation of Membership

  • Cancellation requests must be made in writing by email to hello@kyndstudio.com.au only. Requests via text, phone, social media, or in-app message will not be accepted or actioned.
  • A minimum 4-week written notice period is required after the 6-week minimum term.
  • Your membership continues and payments are debited during the 4-week notice period.
  • In cases of permanent injury or illness preventing use of the studio, immediate termination is permitted upon receipt of written confirmation from a registered medical doctor.
  • Kynd Studios may terminate a membership without notice for inappropriate, offensive, or illegal behaviour on or directed at our premises, staff, or community members.

4Cooling-Off Period & Membership Agreement Requirements

These provisions apply to recurring membership agreements only. They do not apply to casual client purchases including class packs, passes, single classes, or Intro Offers.

4.1 Cooling-Off Period

In accordance with the Queensland Fitness Industry Code of Practice, the cooling-off period for a membership agreement commences on the day you enter into the agreement (if the studio is already open) and ends 48 hours after it commences.
  • During the cooling-off period, you may terminate your membership agreement by giving Kynd Studios written notice to hello@kyndstudio.com.au.
  • If you terminate during the cooling-off period, Kynd Studios will refund fees paid less any fitness services already used and less an administration fee. The maximum administration fee is the lesser of $75 or 10% of the membership fee. The refund will be paid within 21 days of termination.
  • The cooling-off period does not apply to class packs, passes, Intro Offers, or any casual client purchase.

4.2 Fee Disclosure

Before entering into a membership agreement, Kynd Studios will provide you with a clear written statement of all fees payable under the agreement, including: the membership fee; the fee for each class type; any administration fee applicable upon termination; and any other fee that may be payable.

4.3 Ongoing Membership Agreement

Your Kynd Studios membership is an ongoing agreement. This means:

  • Your membership has an initial minimum term of 6 weeks.
  • After the initial term, your membership continues automatically until you terminate it in writing.
  • You must acknowledge and initial this condition when signing your membership agreement.
  • Kynd Studios will provide you with written notice at least 2 months before the end of any fixed initial term, confirming when the initial term ends and that the membership continues until you give written notice of termination.

5Termination Rights Under the Fitness Industry Code

The following termination rights apply to recurring membership agreements only and do not apply to casual client purchases.

5.1 Termination During Cooling-Off Period

  • You may terminate your membership agreement during the 48-hour cooling-off period by giving written notice to hello@kyndstudio.com.au.
  • Kynd Studios will refund fees paid, less the fee for any fitness services already used and less an administration fee (maximum $75 or 10% of the membership fee, whichever is lesser).
  • Refunds will be paid within 21 days of the termination notice being received.

5.2 Termination Due to Permanent Sickness or Incapacity

  • You may terminate your membership if you are permanently unable to use our fitness services due to sickness or physical incapacity (being incapacitated for the greater of the remainder of your membership term or 5 years).
  • You must provide written notice and a medical certificate from a registered doctor confirming your permanent sickness or incapacity to hello@kyndstudio.com.au.
  • Kynd Studios will refund a proportion of fees representing the unused portion of your agreement, less unpaid service fees and an administration fee (maximum $75 or 10% of the membership fee). Refund paid within 21 days.

5.3 Other Termination

  • You may terminate your membership at any time outside the above by giving 4 weeks' written notice to hello@kyndstudio.com.au, after the 6-week minimum term has elapsed.
  • Kynd Studios will make every reasonable effort to respond quickly and fairly to your termination request.

6Class Bookings

  • Bookings must be made through the Kynd Studio app or website. We do not accept class bookings via email, text, DM, or social media.
  • Payment must be made prior to booking. You must have pre-purchased sessions in your account or pay at the time of booking.
  • Classes require a minimum of 3 bookings to proceed. Classes below this threshold may be cancelled (reviewed approximately 12 hours prior for early morning classes). You will be notified by SMS and your credit returned automatically. Please ensure your SMS notifications are enabled.
  • Private and corporate sessions must be booked via email at hello@kyndstudio.com.au.

6.1 Waitlist

  • Adding yourself to a waitlist is a commitment to attend. Treat a waitlisted class as a confirmed booking.
  • Our system will move you from the waitlist in order of your waitlist position. You will be notified by email, SMS, or app notification when you are added to the class.
  • If you do not respond when moved from the waitlist, we assume you are attending. No-show and late cancel policies apply even if you do not confirm your spot, as a waitlisted class is treated as a booked class.
  • If you can no longer attend, cancel yourself from the waitlist before the 4-hour cancellation window to avoid a late cancel or no-show penalty.

7Late Cancellation & No Show Policy

To cancel a class without penalty, cancellations must be made at least 4 hours before the class start time through the Kynd Studio app or website. We do not accept cancellations by email, text, phone call, or social media.

Client / Pass Type Late Cancel (<4 hrs) No Show
Class-based membership (2/3/4 of a Kynd, 3 Mat) Loss of 1 pass Loss of 1 pass
Class pack / casual pass / single class / Intro Offer Loss of 1 pass Loss of 1 pass
Unlimited membership / unlimited pass / unlimited Intro Offer $20 fee $20 fee
  • Members on recurring autopay subscriptions receive 1 fee waiver per calendar month. Fee waivers do not apply to casual clients, pack holders, or Intro Offer holders.
  • A Late Cancel made 30 minutes or less before class start time is treated as a No Show.
  • It is your responsibility to ensure you are checked in to any class you arrived late to.
  • Arriving late does not guarantee entry. For yoga, sound, and breathwork classes, entry may be refused if you are 5 or more minutes late, to protect the experience of other participants.
  • Empty spots at class start may be offered to walk-ins. Pre-booked clients who arrive late will not be prioritised.

8Health, Safety & Participation

Queensland Fitness Industry Code of Practice — Statutory Requirement: "If you believe there is a risk to your health by participating in a fitness service at this fitness centre, you must inform the supplier in writing about the risk." If you are a casual client, you must assess your fitness level, ability to exercise and risk to your health by participating in a fitness service at this fitness centre.
  • You understand that classes may be physically strenuous and you voluntarily participate with full knowledge that there is a risk of personal injury or death.
  • You must disclose all current or past injuries, medical conditions, pregnancy, postpartum status, or other health concerns to your teacher before each class. If you do not disclose relevant health information, Kynd Studios cannot be held responsible for any resulting injury or harm.
  • Kynd Studios and its teachers reserve the right to restrict your participation to particular class types and to refuse entry if you do not have appropriate medical clearance.
  • Grip socks are required for all reformer classes without exception. This is a hygiene and safety requirement. Grip socks are available for purchase at the studio.

9Studio Conduct

By attending Kynd Studios, you agree to conduct yourself in accordance with our studio rules. A copy of these rules is available at the studio at all times. Where any rule is added or changed, it will be displayed at the studio in a conspicuous position for a minimum of 2 months.

  • Mobile phones must be switched to silent or Do Not Disturb mode during class.
  • All equipment must be returned to its designated storage and wiped down after use.
  • Belongings must be stored in the cubby holes in the waiting area or the basket at the front of the reformer. Equipment and machines must not be used as storage.
  • Lights, air conditioning, fans, and other environmental controls must not be adjusted by clients. Please speak to your teacher if you need an adjustment.
  • Kynd Studios is not responsible for personal belongings lost or stolen on the premises.

10Community Standards

Kynd Studios Community Standards set out the values and expectations that apply to every person in our community — in the studio, online, and in how we interact with one another. The Community Standards cover punctuality, staying for the full class, equipment care, health disclosure, and feedback. By attending any class, you agree to be bound by the Community Standards as updated from time to time. The full Community Standards document is available on our website at www.kyndstudios.com.au and in the studio.

11Timetable, Class Availability & Client Responsibility

Kynd Studios publishes a live timetable of all available classes, times, and locations via the Kynd Studio app and website at www.kyndstudios.com.au. The timetable is updated in real time and reflects all current class offerings, including new classes and special events.

  • It is your responsibility to review the live timetable before making any purchase — whether an Intro Offer, class pack, pass, or membership — to confirm that we offer classes at times and in formats that suit your schedule and needs.
  • Our timetable is subject to change. Classes require a minimum of 3 bookings to run and may be cancelled if this threshold is not met. Affected clients will be notified by SMS and credits returned automatically.
  • If you have specific scheduling requirements due to work, family, or other commitments, it is your responsibility to contact us before purchasing to confirm we can accommodate your needs. You can contact us at hello@kyndstudio.com.au before making any purchase.
  • If you have specific scheduling needs and do not notify us before purchasing, Kynd Studios is not liable for your inability to attend classes. The timetable is live, clearly advertised on our website and app, and is available for review at any time prior to purchase.
  • Kynd Studios may refer clients to other studios or practitioners where we are unable to accommodate specific needs.

Your rights under Australian Consumer Law: Under Australian Consumer Law, consumers are not entitled to a refund or remedy if they simply changed their mind, found the service available elsewhere, or decided they had no use for the purchase. Failure to review the published timetable before purchasing, or failure to notify Kynd Studios of specific scheduling needs before purchasing, does not constitute a failure by Kynd Studios to provide its services. Where a client has a genuine scheduling difficulty that was not disclosed before purchase, Kynd Studios may, at its sole discretion, offer a credit. This offer is a goodwill gesture and does not constitute an admission that Kynd Studios has failed to provide its services as agreed.

12Refunds & Australian Consumer Law

  • Kynd Studios operates in compliance with Australian Consumer Law (ACL) and the rights of consumers under the ACL cannot be excluded, restricted, or modified.
  • Where a service provided by Kynd Studios has a major problem — meaning it is unsafe, is very different from what was described, or cannot be used for the purpose it was purchased for due to a failure by Kynd Studios — you are entitled to a remedy under the ACL.
  • Where a service has a minor problem, Kynd Studios will fix the problem at no cost to you.
  • Kynd Studios does not offer refunds for change of mind. A consumer is not entitled to a refund or remedy where they simply changed their mind, found the service cheaper elsewhere, decided they had no use for the purchase, or where the problem was caused by their own actions or inactions.
  • Purchasing a class pack, pass, or membership without first reviewing the live timetable, or without notifying Kynd Studios of specific scheduling needs before purchasing, does not constitute a major or minor problem with the service provided by Kynd Studios.
  • Gift cards, Intro Offers, and promotional packs are non-refundable except as required by Australian Consumer Law.

13Safety

Statutory Requirement: "If you believe there is a risk to your health by participating in a fitness service at this fitness centre, you must inform the supplier in writing about the risk." If you are a casual client, you must assess your fitness level, ability to exercise and risk to your health by participating in a fitness service at this fitness centre.

14Gift Cards

  • Gift cards may be used for classes and retail products at Kynd Studios.
  • Gift cards are not redeemable for cash and are non-transferable.
  • Kynd Studios does not offer refunds on gift cards for change of mind, injury, illness, or change of address. All purchases are final, subject to Australian Consumer Law.

15Student & Concession Discounts

  • A 10% discount applies to eligible students and concession card holders on all pricing except Intro Offers.
  • Proof of eligibility must be emailed to hello@kyndstudio.com.au before the discount is applied.
  • Discounts expire at the end of each calendar year and must be renewed annually.

16Feedback & Complaints

Kynd Studios is committed to resolving complaints quickly and fairly in compliance with the Fitness Industry Code and AS ISO 10002–2006. To raise a complaint or provide feedback, please email hello@kyndstudio.com.au. We will acknowledge your complaint and aim to respond within 7 business days.

17Privacy

Your personal information is collected, stored, and used in accordance with our Privacy Policy at www.kyndstudios.com.au. We will not use or disclose your confidential information except as authorised in writing by you or as required by law.

18General

  • These Terms & Conditions are governed by the laws of Queensland, Australia.
  • Kynd Studios reserves the right to update these Terms & Conditions at any time. Where rules are changed, they will be displayed at the studio for 2 months. Continued use of Kynd Studios services constitutes acceptance of updated terms.
  • These Terms & Conditions operate in conjunction with the Queensland Fair Trading (Code of Practice—Fitness Industry) Regulation 2003. In the event of any inconsistency, the Fitness Industry Code prevails to the extent of the inconsistency.
  • By purchasing any service or attending the studio, you confirm you have read, understood, and agreed to these Terms & Conditions.
Kynd Studios · ABN: 37 836 137 606 · Last updated: 6 April 2025
Questions? Email hello@kyndstudio.com.au or visit www.kyndstudios.com.au
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Kynd Studios

Cairns' home of yoga, Pilates and holistic movement. Exceptional teachers, a community that genuinely changes lives.

hello@kyndstudio.com.au +61 482 085 942 Allow up to 48hrs for a response
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Kynd Studios
96 Magazine Street
Stratford, Cairns 4870
(Gimuy Country)
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We acknowledge the Gimuy Walaburra Yidinji and Yirrganydji People as the Traditional Owners and Custodians of the Land that we practice on. We pay our respects to the Elders, past, present and emerging. We are committed to creating a culturally safe space and invite anyone who identifies as Aboriginal and/or Torres Strait Islander to reach out for access to classes.
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