Terms and Conditions

Vive Active Pty Ltd trading as Vive Active (Vive Active, We or Us) offers its participants (the Participants or You) the opportunity to purchase various packaged deals (the Passes), purchase and participate in a bi-annual 30 day challenge (the Challenge) and browse, purchase, and participate in pre-recorded online Classes (Vive Stream). By paying us, attending any of our Pilates sessions (the Classes) or viewing our Classes online, you agree to be bound by these Terms and Conditions (the Terms). You may also accept these Terms by clicking ‘I Accept’ or ‘I Agree’ to the Terms where this option is made available to you in the user interface of the Website.

The Passes
1. Vive Active offers the following Passes: First Session Special Pass; Intro Offer Pass; Casual Passes; and Pay by the Week Passes. Details of the Passes can be found on our website www.viveactive.com.au (the Website).
First Session Special Pass
1. The First Session Special Pass provides you with the opportunity to purchase and attend a Class at a fixed price, as specified on the Website, with an expiry date of 7 days from date of purchase.
2. You may purchase an Intro Offer Pass following the First Session Special Pass, but you may not purchase a First Session Special Pass if you have previously purchased any of the Passes.
3. You acknowledge and understand that under no circumstances is Vive Active under any obligation to: refund you the price paid for the First Session Special Pass; allow you to cancel the First Session Special Pass; allow you to transfer your First Session Special Pass to a third party; or extend the expiry date.
Intro Offer Pass
1. The Intro Offer Pass provides you with the opportunity to purchase an unlimited number of Classes at a fixed price with an expiry date of 7 days from date of first booking of the Class.
2. You acknowledge and understand that under no circumstances is Vive Active under any obligation to: refund you the price paid for the Pass; allow you to cancel the Pass; allow you to transfer your Pass to a third party; or extend the expiry date.
Casual Passes
1. The Casual Passes provide you with the opportunity to choose from various Casual Pass packages, as specified on the Website.
2. Through the various Casual Pass packages, you can purchase either:
  - a single class at a fixed price with an expiry dated of 1 month from the date of first booking of a Class;
  - 5 classes at a fixed price with an expiry date of 3 months from the date of first booking of a Class;
  - 10 classes at a fixed price with an expiry date of 6 months from the date of first booking of the Class; and
  - 20 classes at a fixed price with an expiry date of 12 months from the date of first booking of the Class.
3. Vive Active may offer you a discount on the Casual Passes from time to time and as specified on the Website. The expiry dates of a discounted Casual Pass will vary and may be reduced. Vive Active recommends that you check the expiry dates of any discounted Casual Pass before purchasing.
4. You acknowledge and agree that failure to redeem your purchased Classes under your Casual Pass prior to the expiry date will result in forfeiture of those Classes.
5. You acknowledge and understand that under no circumstances is Vive Active under any obligation to: refund you the price paid for the Pass; allow you to cancel the Pass; allow you to transfer your Pass to a third party; or extend the expiry date, unless you are able to establish there are reasonable grounds to extend the expiry date due to a Medical Condition, as outlined in Clause 14 below.
Pay by the Week Passes
1. The Pay by the Week Passes provide you with the opportunity to choose from various Pay by the Week Pass packages, as specified on the Website. You acknowledge and understand the minimum payment commitment from you for a Pay by the Week Package is 13 weeks (the Pass Period) and under no circumstances is Vive Active under any obligation to: refund you the price paid for the Pass; allow you to cancel the Pass; allow you to transfer your Pass to a third party; allow you to attend more than the allocated weekly Classes per Pass, unless you purchase a top up Class at the then current per Class fee; or extend the expiry date. However, Vive Active will grant you 1 opportunity to freeze your Pass for up to a 2 week period upon written request via the Contact Us page on the Website (the Freeze). You are only entitled to 1 Freeze per Pass during each 13 week Pass Period.
2. By purchasing the Pay by the Week Pass, you acknowledge and agree that upon the expiry of the Pass Period, it will automatically renew for a further Pass Period perpetually until you terminate the Terms in accordance with Clause 12.
The Challenge
1. To participate in the Challenge, you are required to purchase a membership as specified on the Website (the Challenge Membership).
2. You acknowledge and understand that under no circumstances is Vive Active under any obligation to: refund you the price paid for the Challenge Membership; allow you to cancel the Challenge Membership; or allow you to transfer your Challenge Membership to a third party.
Vive Stream
1. Vive Active provides you with an opportunity to purchase, view and participate in the Vive Stream.
2. When you purchase the Vive Stream, you will be granted a revocable, limited, non-exclusive, royalty free license to view the Vive Stream for personal, non-commercial, purposes during the period of the Vive Stream Membership specified on the Website (the Vive Stream Membership).
3. Vive Active offers the following Vive Stream Memberships: Vive Stream Mat Membership and Vive Stream Reformer plus Mat Membership. Details of the Vive Stream Memberships can be found on our Website.
4. Vive Stream hosts and delivers the Vive Stream to you through the Website and the App and through platforms owned and controlled by third parties, other than Vive Active (each a Third Party Platform).
5. You will be required to use a Third Party Platform for Vive Active to provide the Vive Stream to you.
6. Vive Active is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Platform, any platform accessed from a Third Party Platform or any changes or updates to such sites. Vive Active makes no guarantees about the content or quality of the products or services provided by such sites. If you have availed any Third Party Services, the third party may contact you by email or telephone with instructions on how to access your benefits and to keep you informed of their services. You may be required to accept additional terms located on the Third Party Platform.
7. By using any product, service, or functionality originating from the Website, you are allowing Vive Active to share information with any third party, including the Third Party Platform, for the purposes of delivering the Vive Stream Membership to you and for the facilitation of its and the provision of products, services, or functionality to you.
8. By purchasing a licence to the Vive Stream, you understand and agree to accept any Third Party Platform’s terms and conditions and privacy policies required to use the Vive Stream.
9. Vive Active may remove, add or modify any Vive Stream at any time.
10. Vive Active does not guarantee any results from the use of the Vive Stream. Results may vary.
11. You acknowledge and agree that you are responsible for any additional costs relating to the Vive Stream, including but not limited to, costs relating to obtaining the reformer’s, mat’s, reformer repair and maintenance and any other equipment required for the Vive Stream Classes.
Vive Stream Mat Membership
- - The Vive Stream Mat Membership provides you with the opportunity to sign up to a 10 day free trial and/or purchase an annual subscription to access and view pre-recorded online videos of mat Classes.
  - The 10 day free trial begins from the date that you register for the free trial. You may cancel the free trial in accordance with clause 18.6.
  - The annual subscription provides you with unlimited access to view the pre-recorded online videos of mat Classes, with an expiry date of 12 months from the date of purchase.
  - You acknowledge and understand that under no circumstances is Vive Active under any obligation to: (a) refund you the price paid for the Vive Stream Mat Membership; (b) allow you to cancel the Vive Stream Mat Membership; (c) allow you to transfer your Vive Stream Mat Membership to a third party; or (d) extend any expiry date.
Vive Stream Reformer plus Mat Membership
1. The Vive Stream Reformer plus Mat Membership provides you with the opportunity to sign up to a 10 day free trial and/or purchase an annual subscription to access and view pre-recorded online videos of both reformer and mat Classes.
2. The 10 day free trial begins from the date that you register for the free trial. You may cancel the free trial in accordance with clause 18.6.
3. The annual subscription provides you with unlimited access to view the pre-recorded online videos of reformer and mat Classes, with an expiry date of 12 months from the date of purchase.
4. You acknowledge and understand that under no circumstances is Vive Active under any obligation to: (a) refund you the price paid for the Vive Stream Reformer plus Mat Membership; (b) allow you to cancel the Vive Stream Reformer plus Mat Membership; (c) allow you to transfer your Vive Stream Reformer plus Mat Membership to a third party; or (d) extend any expiry date.
Change in Terms
1. Vive Active reserves the right to change, vary or amend: the content of the Classes, the Challenge and/or the Vive Stream; the trainers of the Classes and/or Challenge; the length and duration of the Challenge and/or the pre-recorded videos on the Vive Stream; the hours of operation; the Pass Fees; the Challenge Membership Fees, the Subscription Fees and these Terms and Conditions from time to time at its sole and absolute discretion.
2. Any changes to these Terms, the Pass Fees, the Challenge Membership Fees, or the Subscription Fees will be deemed effective upon Vive Active providing you with 10 days’ written notice and where the Pass Fees, Challenge Membership Fees and/or Subscription Fees have changed, you irrevocably agree to the Payment Provider (as defined in Clause 15 below) deducting the changed Pass Fee, Challenge Membership Fee and/or Subscription Fees from your nominated bank account and/or credit card at the next payment cycle.
Your Obligations
1. You must:
  1. not share your Pass, your Challenge Membership and/or your Vive Stream Membership with any other person;
  2. ensure that no other person has access to the Classes or the Vive Stream from your account;
  3. not expressly or impliedly impersonate another Participant or use a Pass, Challenge Membership and/or the Vive Stream Membership of another Participant at any time;
  4. not harass, impersonate, stalk or threaten another Participant;
  5. comply with any policies, procedures, code of conduct, guidelines or rules established and implemented by Vive Active from time to time;
  6. not copy, or produce a substantially similar, any videos provided to you through the Vive Stream without referencing Vive Active;
  7. not resell or export the software associated with the Website or the Vive Stream;
  8. not resell or upload to another website any videos provided to you through the Vive Stream; and
  9. comply with these Terms.
Termination of Services
1. The Terms will continue to apply until terminated by either you or us as set out below.
2. If you wish to terminate the Terms, you may do so in writing and only after you have paid all monies which are owing to Vive Active, including the entire Pass Fee with respect to the Pass you have purchased, the Challenge Membership Fee for the Challenge, and/or the Subscription Fee with respect to the Subscription Plan you have purchased and you have completed the minimum payment commitment Pass Period for the Pay by the Week Passes (if applicable).
3. Vive Active may at any time and without notice, terminate the Terms with you if:
  1. you have breached any provision of the Terms or intend to breach any provision;
  2. we are required to do so by law;
  3. the partner, if any, with whom Vive Active offered the Classes to you has terminated its relationship with us;
  4. we are transitioning to no longer providing the Classes and/or Challenges to Participants at the location/s in which you are a Participant; or
  5. the provision of the Passes, Classes, Challenge or Vive Stream to you is, in the opinion of Vive Active, no longer commercially viable.
4. If Vive Active terminates the Terms as a consequence of clause 12.3(a) then you must pay Vive Active any monies which remain outstanding within 7 days from the termination.
Suspension by Vive Active
1. Subject to local applicable laws, Vive Active reserves the right to discontinue or cancel your access to the Classes, Challenge and/or Vive Stream at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Classes, Challenge and/or the Vive Stream or its property for which it holds a lease or licence without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Vive Active’s name or reputation or violates the rights of those of another party.
2. In the event that the government declares an outbreak of COVID-19 in a particular Vive Active studio or imposes public health orders or mandatory directives that restrict movements or causes a Vive Active Studio to go into lockdown, Vive Active reserves the right to automatically place on hold Pay by the Week Passes, for the period that Vive Active’s studio is in lockdown. Any remaining payments of the Pay by the Week Pass will recommence once Vive Active’s studio reopens. You acknowledge and agree that any suspension of Pay by the Week Passes due to a closure to a Vive Active Studio as a result of COVID-19, does not override the minimum payment commitment of the Pass Period for Pay by the Week Passes.
Suspension on Medical Grounds
1. You may suspend the Pass at no additional cost if you are pregnant, seriously injured or seriously ill (the Medical Condition) and you have provided Vive Active with evidence from a qualified medical practitioner of the Medical Condition in writing to the satisfaction of Vive Active. Vive Active will act reasonably in determining whether you have provided sufficient evidence of the Medical Condition, and how long to grant the suspension, however, the duration of the suspension shall be granted at Vive Active’s sole and absolute discretion.
Bookings and Payment
1. Bookings for Classes are facilitated through the Website or the App. You may book a Class up to 21 days in advance of the Class. You may view available Classes up to 30 days in advance of the Class.
2. By attending our Classes, you agree to select a Pass and pay the respective fee for the Pass (the Pass Fee).
3. By attending our Challenge, you agree to pay the respective fee for the Challenge Membership (the Challenge Membership Fee).
4. All payments made for the Passes, Challenge Memberships and Vive Stream are made using a third party payment gateway or third party automated direct debit provider (the Payment Provider). In using the Website or the Vive Active application (the App), attending a Class or making any payment in relation to same, you warrant that you have read, understood and agree to be bound by the terms and conditions that are available on the Payment Provider’s website and agree for the Pass Fee, Challenge Membership Fee or the Subscription Fee to be charged by way of direct debits against your nominated bank account or credit card.
Subscription Fee
1. By accessing and using Vive Stream, you may be required to pay Vive Active a monthly or annual subscription fee (the Subscription Fee) that is equal to the published price of the relevant monthly or annual subscription plan stated on the Website at the time (the Subscription Plan), depending on the resources you access. Vive Active will charge the Subscription Fee by way of direct debits against your nominated bank account or credit card each month or annually, depending on the relevant Subscription Plan. You are responsible for ensuring that you always have a valid payment method on file in Vive Active’s billing system, and that there are adequate funds in your linked account to honour the payment of the Subscription Fee.
2. You acknowledge and agree that where you have not cancelled the 10 day trial period for the Vive Stream Mat Membership and/or the Vive Stream Reformer plus Mat Membership, Vive Active will automatically charge you the then current monthly Subscription Fee as specified on the Website to be charged by way of direct debits against your nominated bank account or credit card each month.
3. You acknowledge and agree that at the end of the 12 month term of the annual subscription for the Vive Stream Mat Membership and/or the Vive Stream Reformer plus Mat Membership, Vive Active will automatically charge you the then current annual Subscription Fee as specified on the Website to be charged by way of direct debits against your nominated bank account or credit card.
Non-Payment
1. In the event you elect to pay by way of direct debit and/or credit card and there is a chargeback by your credit provider, Vive Active may suspend or terminate your Pass, Challenge Membership or Vive Stream Membership immediately. You will be charged the then current Vive Active administration fee which will be no less than $3.85 plus GST (Administration Fee) and you may also be charged interest in the amount of 2% above the Cash Rate Target set by the Reserve Bank of Australia (the Interest) on amounts which remain unpaid after 7 days. Upon payment of the Administration Fee, Interest and the entire Pass Fee, Challenge Membership Fee or Subscription Fee in accordance with the Terms, Vive Active will reinstate your Pass. Challenge Membership or Vive Stream Membership.
2. If you do not pay the Pass Fee, Challenge Membership Fee or Subscription Fee and any other monies payable under the Terms, Vive Active will issue an overdue payment notice and you will be liable to make the payment immediately. In the event the amounts remain unpaid after 7 days from the date of the notice, Vive Active may proceed to recover the debt from you without further notice. If Vive Active initiates debt recovery action against you, you acknowledge and agree that you will be and remain liable for all debt collection costs which includes any legal costs and collection agency costs on an indemnity basis. You will also be liable to pay the Interest and Administration Fee on the outstanding debt and Vive Active may report the debt to a credit reporting agency.
Cancellation
1. In the event that the minimum number of Participants per Class is not met, Vive Active reserves the right to cancel the Class. Vive Active will immediately notify you of the cancellation.
2. You may cancel or reschedule the Class by giving a minimum of 8 hours’ notice prior to your scheduled Class by contacting Vive Active at https://viveactive.com.au/contact-us/.
3. In the event that you do not provide at least 8 hours’ notice of the cancellation or reschedule or you do not show up to the Class, you acknowledge and agree that:
  1. this will result in a forfeiture of the Class, and you will not receive a supplementary Class; and
  2. if you hold an unlimited Pay by the Week Pass or an Intro Offer Pass, you will incur a cancellation fee of $20 (the Cancellation Fee).
4. The Cancellation Fee will be charged to your nominated credit card.
5. The Cancellation Fee is the sole responsibly of you and must be paid in full once booking of the Class is confirmed and after you have received an invoice.
6. You may cancel the 10 day free trial for the Vive Stream Mat Membership and/or the Vive Stream Reformer plus Mat Membership at any time during the 10 day period by providing written notice to stream@viveactive.com.au.
7. You may cancel your Subscription Plan for the Vive Stream Mat Membership and/or the Vive Stream Reformer plus Mat Membership by providing written notice prior to your next payment cycle via email to stream@viveactive.com.au.
Gift Cards
1. Vive Active may create and offer to you gift cards for purchase (the Gift Card).
2. You may purchase a Gift Card for the values as set out on the Website and the Gift Card may be purchased on behalf of another recipient other than you.
3. Gift Cards may only be redeemed for eligible products and only for the balance that remains on the Gift Card. You acknowledge and agree that if you make any purchase with a Gift Card for a value that exceeds the balance of the Gift Card, the remaining amount shall be paid with another payment method.
4. To check the balance on a Gift Card or to report a lost or stolen Gift Card, you may contact Vive Active at https://viveactive.com.au/contact-us/.
5. Additional terms and conditions may apply to the Gift Cards and by purchasing a Gift Card, you agree to be bound by those terms.
6. You acknowledge and agree that you must not:
  1. use the Gift Card in an unlawful manner, or in a manner that is in breach of these Terms or any additional terms relating to the Gift Card; and
  2. sell the Gift Card.
7. You acknowledge and agree that the Gift Cards are non-refundable.
Refund
1. If, for whatever reason, you are unsatisfied with the Classes and/or the Challenges, please contact Vive Active via the ‘Contact Us’ page on the Website, outlining why you believe you are entitled to a refund of any Pass Fee or Challenge Membership Fee so that Vive Active is able to determine whether a refund should occur.
2. Any refunds granted pursuant to this clause will be at Vive Active’s sole discretion.
3. You will not receive a refund as a result of your failure to attend your Classes or a Challenge, or where you have failed to redeem your Classes as allocated to you through the Passes.
4. You will not receive a refund for a change of mind relating to a Pass or a Challenge Membership.
5. All Subscription Fees are final. You will not receive a refund of the Subscription Fee.
6. If you arrive more than 5 minutes late to your scheduled Class, you may be denied entry at the discretion of the trainer. In the event that you are denied entry as a result of your late arrival, you acknowledge and agree that this will result in a forfeiture of the Class, and you will not receive a supplementary Class.
Pro Rata Payments
1. If Vive Active terminates or suspends the agreement under Clause 12.3, the Participant remains liable to pay the Pass Fees, Challenge Membership Fees or the Subscription Fee:
  1. during any notice period and until it takes effect; and
  2. on a pro rata basis calculated daily.
Disclaimer
1. You agree that you:
  1. voluntarily accept and assume all risks flowing from participating in the Classes and the Challenges, including, but not limited to, risk of personal injury, property loss or death; and
  2. will not make any claim against Vive Active for compensation or damages of any kind (whether direct indirect, consequential, economic, special or otherwise) that may be suffered or incurred by you arising in connection with the Terms, the Classes or the Challenges.
Miscellaneous
1. Vive Active does not guarantee any results from attending the Classes or the Challenges or viewing the Vive Stream. Results may vary.
2. Vive Active may procure subcontractors to perform any of our obligations under the Terms.
3. You may not transfer the Agreement in whole or in part.
4. Any notice to or by a party to these Terms:
  1. may be given by post or email to the other party’s address as directed from time to time; and
  2. must be in writing, legible and in English, and such notice is deemed to have been given on the date it is received by the other party.
5. This agreement is governed by the laws of New South Wales. In the event of any dispute arising out of or in connection with this agreement, you agree that the exclusive venue for resolving any dispute will be Sydney, Australia.

VIVE SCULPT

EmSculpt is not a treatment for obesity, and each client’s suitability for EmSculpt will be assessed during the complimentary consultation
Individual results may vary and Vive Active/Vive Sculpt cannot guarantee any individual results due to factors outside of Vive Active/Vive Sculpt’s control such as:
- Diet and exercise regime during and after treatment
- Individual metabolic response to the treatment
- Medical conditions and genetic predisposition
Vive Active/Vive Sculpt standard terms and conditions apply for EmSculpt packages purchased, including refund, prepaid and cancellation policies
Effectiveness claims are based on information and clinical study results provided by BTL Aesthetics
Images and videos used to depict EmSculpt are for illustrative purposes only, including real patients, models and scientific modelling