Bodhi at Home Terms and Conditions

BODHI AT HOME MEMBERSHIPS, CLASS PACKS AND CREDITS - TERMS AND CONDITIONS

Before you access our Bodhi At Home content, please ensure you read the terms and conditions outlined below. Your Bodhi at Home membership, class pack or credit purchase confirms that you accept the terms and conditions below. A copy of these terms will also be linked in an email sent to you upon signing up to Bodhi at Home. 

Bodhi at Home Options

Bodhi at Home Memberships:

*Please note all options include both Ride and Strength classes.

Minimum commitment of 1 month

Bodhi at Home Subscription: $99 per month for unlimited on demand access to Bodhi At Home classes.

Bodhi at Home Subscription + Bike Hire: $199 per month (+ $50 delivery fee) for unlimited on demand access to Bodhi At Home and bike hire. 

Bodhi at Home Class Pack and Credit Options:

At Home - Pay As You Go: $9.99 to watch 1 Bodhi at Home class on demand as many times as you’d like within 24 hours. Credit expires 24 hours after purchase. 

Bodhi at Home Membership Perks:

• Top Up studio classes reduced to $20 AUD. (You can purchase these via the 'buy' section of the website.)

Class Access 

• Using the Top Up studio class credits, you can book into any class at any of our 3 studios.
• Exclusions: Membership Top Up credits are not valid for workshops and events held at Bodhi & Ride or at outside venues eg.Pop ups or Bodhi Open Air RIDES.

Membership Payments

• Bodhi at Home Membership fees are paid monthly, at the start of your membership billing month unless stated and agreed upon otherwise.
• Your membership payment will be on the same date each month. 
• You agree to payment for the full minimum term. The minimum term is also called the minimum commitment period. The minimum terms depend on which membership you sign up for.  
• If no start date is manually selected for your membership, the membership will start on the day of purchase and not on the first class booked.
• Free trial: If we offer a free trial offer, your payment method will be charged at the end of the free-trial period unless you cancel before the end of that period. If a Producer provides you access to a Program on a free basis, such access will be deemed a “purchase” for the purpose of this Agreement.
• Membership payments are processed via direct debit or credit card.
• A valid card needs to be on file.
• If your card payment fails you will be charged a $10 fee for each failed transaction.
• Your membership will continue to renew even after a specified minimum term is over. To stop your payments you need to cancel your membership after the minimum term is over.
• We do not offer any refunds of unused credits or any membership payments. 
• We are not required to provide a refund or replacement if you change your mind. Please note all purchases are non-refundable, non-transferable and non-extendable.
• Depending on the membership you are on, a joining fee may apply. 
• You must meet your payment responsibilities by ensuring that there is enough money in your account on the payment day and tell us about any changes to your credit card, such as its expiry date or number, at least 72 hours before your next debit.
• If there is non-payment of a Membership, we will pass your details to a collection agency.
• We may apply taxes, including GST to any charges. Prices and other terms of purchase are subject to change.

Membership Cancellation

• To cancel a membership, go to ‘my account’, select 'manage subscription' and click cancel. From there you will be prompted to contact us and we will be in touch.
•  Memberships can be cancelled once you have completed the minimum term of commitment by giving us at least 2 weeks notice. 
• If your next payment is due within that two weeks, you may be entitled to pay that next fee before cancellation can occur.

Membership Switches, Pausing and Transfers

• You can change your membership type by emailing home@bodhiandride.com.au
• 2 days notice is necessary to action a membership switch and you can only switch memberships once.
• You cannot transfer a membership to another person.

Impact on Memberships, Class Packs and Credits by Pandemic 

• Due to the outbreak of COVID-19 virus, Bodhi & Ride must follow a COVIDSAFE plan to create a safe environment to minimise the risk of exposure. When visiting our studios, you agree to abide by these regulations and will disclose if you are presenting symptoms of COVID-19 or have been directed to self isolate for any other reason. Please note that in the event of a studio shutdown, all studio memberships, class packs and credits will be automatically suspended and all studio membership, class packs and credits will be frozen until the studio reopens.
• Bike hire period or returns in case of a lock-down: in case there is a Government imposed lock-down which restricts the movement of people and equipment, the hirer is required to pay for hire fees until the lock down is over.
• Fee increases and change of terms: Bodhi & Ride  reserve the right to amend membership fees and terms at any time during your agreement. Bodhi & Ride will make a reasonable effort to tell you about this at least 14 days beforehand via email. No fee change for terms changes will be implemented unless we receive your consent to such changes via email. 

Studio: Refunds, No Shows and Late Cancellations

When using your Top Up studio credits via your Bodhi at Home Membership:

• We have a 12 hour cancellation policy. 
• We are unable to refund classes if you fail to show up to a class you’ve booked.
• However, in the event that you cancel out of a class within our cancellation policy (12 hours prior to class start time), we will put the class credit back on to your account. 
• If you don't cancel in time, a $20 no show fee applies for unlimited memberships. Those on other memberships or class packs will lose the class credit and may also be charged a $20 no show fee.
• Fees are automatically applied to your account. 

Studio: Waitlist Terms 

• When you add yourself to a class waitlist, you'll receive an email confirming your spot on the waitlist.
• If a spot becomes available, you'll receive an email and automatically* be added into the class.
• Exceptions: If a spot becomes available with less than 3 hours to go before class start time or between the hours of 10pm and 6am, we understand that you may no longer be able to make it due to short notice or being asleep. Therefore, you'll instead receive an email to let you know a spot is available and you'll have the choice to manually book yourself into the class.

Bodhi & Ride Digital ‘At home’ Terms of Use

Program viewing, subscriptions and memberships:                     

• The Producer may add or remove Programs from the channel at any time.
• You are responsible for obtaining Internet access and a compatible, Internet-connected device to stream and/or download Programs via Producer websites and applications. The quality of your viewing experience depends on a number of factors, including your viewing device and the quality of your Internet connection.

Device suitability

Bodhi at Home makes no representations or warranties concerning:

• The availability of Bodhi at Home for any particular device, operating system, or browser.
• The continued support for a particular feature of Bodhi at Home.
• he viewing quality of any Program.
• Bodhi at Home does not guarantee that you will be able to view any Program uninterrupted or error-free.
• The continued availability of any Program or the availability of particular Program within a subscription channel.

Acceptable Use Policy

In using the Bodhi Digital Service, you will not:

• Scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble content or any source code therein;
• Attempt to circumvent any technical measures (including digital rights management) that we may employ;
• Take any measures to interfere with or damage Bodhi at Home;
• Use Bodhi at Home to transmit tortious, unlawful, infringing, and otherwise objectionable content;
• Spam or harass any user;
• Use any fraudulent, deceptive, or misleading practices;
• Collect personal information about any users;
• Engage in any commercial activities except as permitted by us; or
• Engage in any illegal activities.

Intellectual Property

License to Programs: Subject to the terms hereof, you have the right to stream and/or view programs for your personal entertainment purposes: (i) Programs that you have rented during the stated rental period; (ii) Programs that you have purchased; and (iii) Programs made available within a channel that you have subscribed to during your subscription period.

You may not resell streams or downloads, use any Program for any commercial purpose, redistribute or retransmit any Program, publicly perform or display any Program, or make derivative works from any Program.

If you download an application that we power (an “app”) that operates on a third party platform (e.g., iOS, Roku): (i) you have the right to use such app for your personal, non-commercial use on devices permitted by the platform operator; (ii) as between Bodhi at Home and the platform operator (but without creating any obligation by Bodhi at Home), Bodhi at Home shall be responsible for the apps and their content and providing any warranty, support, or indemnification with respect to such apps as required by law; and (iii) the platform operator shall have the right to enforce the terms of this clause with respect to your use of the app.

Bodhi & Ride Equipment Hire Terms of Use 

• A $50 delivery fee may apply 
• The hirer assumes all responsibility for the equipment whilst the equipment is out of the possession of the owner, Bodhi & Ride.
• The hirer acknowledges that the equipment is the property of the owner and that at times of delivery of the equipment from the premises of the owner the equipment was in good and correct working condition and repair.
• The hirer will return the equipment to the owner in good condition equal to that in which it was delivered and the hirer shall be responsible for the cost of such repairs or reinstatement of the equipment as may reasonably be required to bring it back to such condition.
• The equipment shall be returned as supplied by the hirer.
• In the event that the equipment is lost, stolen or otherwise misplaced or destroyed or damaged beyond economic repair for whatever reason and in whatever circumstances the hirer shall pay to the owner on demand the current retail replacement price for the equipment as at the date of the demand. Please note: The RRP of each bike is $2,000.
• Unless otherwise agreed, the hirer shall pay in addition to rental charges and any other sums due under the terms of this agreement all and any cartage, transport or like expenses or charges incurred in the transport of the equipment from the owner to the hirer, and the recovery by the owner of the equipment and the return of the equipment to the premises of the owner.
• Rental is payable from the date the equipment leaves the premises of the owner and continues to be payable until the date the equipment is received back at the premises of the owner on completion of hire. 
• In the event of theft, loss, destruction or damage beyond economic repair rental continues to be payable by the owner until the date of payment by the owner to the hirer in full of the replacement cost. Where repairs, restitution or the like are required to bring the equipment into its pre-hire condition the hirer shall remain liable for payment of rental until such time as such repairs, restitution or the like are completed and the equipment is brought back to its pre-hire condition.
• The hirer agrees to observe and be bound by the conditions of hire hereunder.
• The hirer agrees to pay all sums due hereunder for rental, replacement, repair, cleaning or making good promptly on the due date. In the event of any default or delay in payment by the hirer the hirer shall in addition to all other sums payable hereunder pay to the owner all collection fees, legal fees, court costs, transport or salvage charges, costs and fees incurred in relation to recovery of possession by the owner and all other expenses incurred by the owner in enforcing the terms of this agreement.

Delivery and removal of the equipment:

• In the event of failure by the hirer to return the equipment at the end of the hire period or on termination of the hire the owner may enter on any property where the equipment is situated so as to take possession of same and the hirer hereby indemnifies the owner from all claims by any persons (including the hirer) resulting from such entry and retaking of the equipment.

Hire Start Date and Hire Period: 

• Hire commences on the date stated on the agreed hiring start date, which is the same day the bike will be delivered to your home. 
• Unless otherwise agreed, the hire agreement goes for an initial period of 4 weeks with subsequent hire being available on a monthly basis or rolling weekly basis if otherwise stated and agreed upon 
• Where delivery takes more than 2 days, the hire period will commence on the date of arrival at the hirer’s premises.

At Home Membership termination:

• To cancel a bike hire membership, go to ‘my account’, select 'manage subscription' and click cancel. From there you will be prompted to contact us and we will be in touch.
• If your next payment is due within that two weeks, you may be entitled to pay that next fee before cancellation can occur.
•  Memberships can be cancelled once you have completed the minimum term of commitment by giving us at least 2 weeks notice. 

Hire Returns: 

• In the case of return, the hirer will confirm arrangements with the owner for the return of the equipment. There is no refund on any unused hire period.
• The hirer shall contact the owner giving at least 1 week notice if the hirer wishes to return the equipment. Unless advised, the hirer will continue hiring the equipment.
• A mutually agreeable time for return and pick up must be agreed upon between the two parties. 
• Hire period or returns in case of a lock-down: in case there is a Government imposed lock-down which restricts the movement of people and equipment, the hirer is required to pay for hire fees until the lock down is over.
• Hiring charges: The upfront hire charges payable by the hirer to the owner shall be the applicable fee as agreed. 

Hire Payments:

• Payment shall be made in advance of the dispatch of any goods via credit card. After the initial hire period. A valid credit card needs to be available from which the charges will be deducted. In the event that a card payment fails. A re-charge fee of $10 will be applied for each failed payment.

Care of equipment and breakdowns:

• The hirer shall take due and proper care of the equipment and shall maintain service, store and use the equipment in accordance with manufacturer’s specifications and recommendations and the owners guidelines. 
• At the start of the hire and upon delivery of the equipment, the owner will show the hirer how the equipment is to be maintained.

Further Hire Terms of Use:

• The hirer shall take proper care of the equipment
• The hirer warrants that he/she is experienced and competent to use the equipment and has read the Hirer’s instruction manual and will abide by all conditions thereof.
• The hirer sterilises and cleans the bike thoroughly upon receiving and prior to collection and return to the owner in line with COVID-19 sanitisation specifications.
• All and any breakdowns/malfunction resulting from misuse or failure to use, service, maintain or store equipment in accordance with the manufacturer’s and the hirers guidelines and recommendations shall be repaired at the direction of the owner and the hirer shall immediately notify the owner of any such breakdown. Hiring charges shall continue to be payable notwithstanding equipment breakdown malfunction.
• The hirer warrants that he/she has inspected and examined the equipment and the equipment is suitable for use/purpose to which the hirer intends to put it.
• The owner shall not be liable to the hirer for any loss or damage suffered or sustained by the hirer or liability incurred by the hirer as a result of or connection with any breakage, malfunction of the equipment, delivery or pick up however caused. The hirer shall immediately notify the owner of any breakage/malfunction.
• Change of address or telephone number should be notified immediately
• No assignment of hire agreement. The hirer may not assign or transfer the equipment or this agreement and the hirer shall keep the equipment in the possession of the hirer and shall not authorize or permit the equipment to be in the possession of any other.
• All hire equipment is delivered to the ground floor only. We do take equipment upstairs unless arranged prior to delivery, extra charges apply.

Injury or damage to hirer or property: 

• The owner shall not be liable for any personal injury loss or damage or other injury loss or damage caused by neglect, misuse, inadequate or improper maintenance, alteration, incorrect assembly or adjustment or use of the equipment contrary to manufacturer’s recommendation or in breach of any warranty or representation by the hirer contained in this agreement.
• The hirer agrees to use the equipment at his/her own risk and agrees that the owner shall not be liable for any personal injury, loss or damage or other injury, loss or damage resulting from use of the equipment however caused. The hirer further covenants with the owner not to sue the owner or any associated person or entity or in relation to any personal injury, loss or damage or any other injury, loss or damage so caused or occurring.
• Injury or damage to hirer or third person or property. The hirer and his/her immediate family are the only authorised person/s to use the equipment. Any person using the equipment shall do so at their own risk. The hirer indemnifies the owner against all personal injury, loss or damage or any other injury loss or damage, claims, costs expenses or the like by any third party as a result of use or arising out of or in connection with the equipment by any third party or any person whatever other than the hirer, with or without the consent or authority of the hirer.

Applicable laws

 This agreement shall be governed by and construed in accordance with the law of the state of Victoria, Australia and any dispute or difference arising out of this agreement or any term or terms thereof shall be justifiable and adjudicated and determined by the Courts of the state of Victoria and not in or by the Courts of any other jurisdiction. In signing this agreement acknowledge that I have read and accepted the conditions and terms of this hire agreement.

It is hereby agreed that the hirer will seek medical advice prior to the usage of the equipment, and that the hirer will not be entitled to a claim against the company for an injury resulting from not seeking such guidance prior to usage. The Hirer further acknowledges that while the functions and attributes of the equipment may be explained by the company to the hirer that in no way has the company its employees or agents recommend the suitability of this equipment for the hirer and that this advice needs to be acquired from a medical practitioner and the Hirer agrees to make no claims against the company resulting from the use of the equipment.

It is hereby agreed that the hirer will ensure the equipment is in correct working order prior to the usage of the equipment, and that the hirer will not be entitled to a claim against the company for an injury resulting from not inspecting the equipment prior to use.

The hirer warrants and undertakes that he will, in the event of moving to a new place of residence (or in the case of a company, to a new place of business), notify the company prior to such change, whereupon the company shall have the option to forthwith rescind this agreement and be entitled to immediate re-delivery of possession of the equipment.

The hirer hereby warrants and undertakes that he will not move the equipment from the address of the hirer shown on the face of this document for a period in excess of seventy two (72) hours without having first obtained the consent of the company, in writing, prior to moving the said equipment.

This agreement to hire may be terminated by the company at any time by notice in writing posted to the address of the hirer shown on the face of this document. The company shall be entitled to retake possession of the equipment immediately upon delivery of such notice in writing in the event of cancellation of this agreement by the company pursuant to this paragraph, the company undertakes to refund, on a pro rata basis, such proportion of the periodic hire rate as shall apply to the unused period of hire.

In the event of the hirer being in default of payment of any hire charges, any other charges of fees or any condition hereof, the company shall be entitled to forthwith rescind this agreement without notice to the hirer and shall then be immediately entitled to retake possession of the equipment in the event of the cancellation by the company of this agreement pursuant to this paragraph, the hirer shall forfeit to the company any hire charges with respect to any unused period of hire. In the event that a collections agent is required to collect any outstanding payments, the fees for the collections agency will be passed onto the Hirer.

The company shall be entitled to retain out any deposit paid by the hirer such amounts as the company may, in its discretion, decide shall be sufficient to compensate the company for any loss, damage, or inconvenience occasioned to the equipment or the company pursuant to this agreement.