TERMS AND CONDITIONS
Welcome to #fit_r! Our studio is operated by João Carapinha Pais (trading as Hashtag Fit_r (ABN 39 797 104 261) or #fit_r (we, us , our, #fit_r).
It is a condition of us allowing you (you) to use our Studio that you agree to the following terms and conditions (the Agreement). If you do not agree this Agreement, you should not use our Studio.
By using our Studio, you acknowledge and agree that you accept this Agreement and understand that that you are entering into a binding agreement with us.
This Agreement was last updated on 11 January 2020.
Here is a summary of important terms to look out for:
Absent Fee means AUD$20.00.
Agreement or Terms means these terms and conditions.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature whether present or future, fixed or unascertained, actual or contingent, at law, in equity, under statute or otherwise.
Classes or Class means any group classes found at
Class Pass means the class packages found at
Consequential Loss means special, incidental, indirect or consequential damages, loss of revenue, anticipated savings, profits, goodwill, reputation, interest or business, but specifically excludes legal and other professional costs of the parties.
Equipment refers to any equipment leased to you to facilitate virtual on-line classes, and for the avoidance of doubt may include mini-trampoline, resistance tube, resistance bands, exercise mat and/or kettlebells.
Ezidebit refers to Ezidebit, a division of Global Payment Direct Inc. Ezidebit is the third party payment processor contracted by #fit_r for online transactions and direct debits.
Force Majeure Event means anything outside the reasonable control of a party to this Agreement including without limitation an act of god, civil riots, war, strike, power outage or the acts of a computer hacker.
GST has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Informed Consent means the informed consent you must sign (in writing or electronically) before undertaking your first personal training session or at another time as otherwise requested by us.
Intellectual Property means copyright and related rights, industrial property, (such as inventions, discoveries, patents, industrial designs, trade marks, commercial and business names, semi-conductor and circuit layouts) and all other rights resulting from intellectual activities in the industrial, scientific, literary or artistic fields.
“in writing” and “by email” in regards to contacting us refers to by email to the email address:
Late Cancel Fee means $15.00.
Loss means any loss, cost, expense (including legal costs on a full indemnity basis) or damage, whether direct or indirect, present or future, fixed or ascertained, actual or contingent and whether arising under contract, in tort, at common law, in equity, under statute, under an indemnity or otherwise.
Membership means the #unlimited contract membership.
MindBody means MindBody Online, the third party booking software utilised by #fit_r.
Representative means any person acting for or on behalf of us and includes any director, officer, employee, agent, contractor or sub-contractor of ours.
Services refer to the provision of fitness related services at the Studio, including but not limited to our Trampoline Tone, Trampoline Cardio, Outdoor HIIT or Tone classes or any other Classes that may be added from time to time, and personal training services, or the provision of any these classes or services via a virtual on-line platform.
Studio means the physical location of #fit_r at Unit 14 663 Victoria Street Abbotsford Vic 3067, or any outdoor space or other premises from which a Class or personal training session is conducted.
Waiver means the waiver of liability form which you must sign (in writing or electronically) before using our Studio for the first time or at another time as otherwise requested by us.
Website means and all content and branding contained within.
You or Your means anyone using the physical premises, website, email, or interaction with #fit_r and it’s Representatives.
You are deemed to have accepted the Terms by continuing to use this Website and/or Studio facilities and Services. If at any time you disagree with these Terms and Conditions please immediately cease use of our Studio, Services and Website and feel free to contact us in writing by email to discuss.
All agreement fees include goods and services tax (GST). Your fees will change in line with any government GST rate changes.
Personal effects storage in the Studio will be cleared at the end of each day and while every effort will be made to return identifiable items, we accept no loss or damage liability. Any unclaimed items will be disposed of at our discretion after 4 weeks.
Classes timetables are subject to change. While #fit_r uses its best efforts to operate Classes as per the timetable published on our website, in some instances changes are required due to unforeseen circumstances. No guarantee is made that Classes will run 100% as per the advertised timetables. Any changes to the advertised timetables will be communicated to those affected prior to the commencement of the class/event.
Please note that for any online and/or regularly scheduled payments via the MindBody booking system your bank/card statement will show “Ezidebit HealthFit MB” and this will indicate your payment to #fit_r.
It is understood by using our Services that you agree the responsibility for your health and wellbeing belongs entirely to you. All physical activity and exercise carries a degree of personal risk, which you accept. Our instructors are providing guidance only, and you agree that the ultimate responsibility for your wellbeing during exercise belongs to you.
You agree to follow instruction provided by #fit_r instructors when participating in a class or training session in the Studio. You can and should discontinue exercise at any time you feel uncomfortable or concerned. You agree to inform #fit_r and your instructors of any pre-existing conditions, injuries, medical risks that may affect your ability to perform exercises. This should be advised before the start of any Class or training session.
All Class participants or personal training clients are required to sign a liability waiver upon booking and before participating in your first Class or session. You may choose not to sign this waiver in which case you also choose not to use any of our Services.
You agree to seek advice from a medical professional about the suitability of our Services for your circumstances before commencing to use our Services.
#unlimited contract Memberships (including #unlimited MAX) are just that. You are not limited in the number of Classes you can attend. You are not permitted to transfer your #unlimited contract to another person.
Membership payments are debited weekly, from first purchase date, from your nominated bank account or credit/debit card. Ezidebit is the contracted payment provider of this service and they can be contacted via phone on 1300 763 256 or at www.ezidebit.com.au.
You agree to ensure sufficient funds in your bank account or card for Membership payments each fortnight. A dishonour fee (currently $14.80 and subject to change) will be charged to you by Ezidebit for any direct debit payments that are unable to be processed.
We reserve the right to terminate your Membership where you fail to respond to correspondence from us regarding any failed payment(s).
It is your responsibility to ensure that your Membership details are accurate and up to date, including all contact details and your nominated bank or credit card details for payments.
Freeze periods: Sometimes you’re just not going to be able to come for a while. You can apply to suspend your Membership temporarily for a minimum period of 2 weeks, up to a maximum of 4 weeks, each year. The notice period is no less than 7 days prior to the start date of your Membership hold, and the Studio should be advised in writing by email.
Minimum Membership Period: All #unlimited contract Memberships are subject to a minimum period of 12 weekly payments (12 weeks).
Cancellation of Membership: To cancel your Membership, after the minimum term, contact the Studio in writing by email at least 7 days prior to your next Membership payment. In the case of permanent sickness or injury resulting in an inability to attend the Classes at the Studio we will cancel your Membership from the date of receipt by the Studio of a medical certificate from a qualified medical practitioner.
Cooling-off Period: The Membership package includes a cooling-off period of 48hrs which commences on the day of taking the membership and ends 48hrs after taking the membership. To action this you will need to contact #fit_r in writing by email during the 48hr period. An administration fee of $25 will be debited from your nominated account for a cancellation during this cooling-off period.
WEEKLY PAYG PASS
With the #unlimited weekly PAYG pass, the #committed pack or #ultimate pack (each being a Weekly PAYG Pass), you are not limited in the number of Classes you can attend over a 7 day period from the first Class booking. The Weekly PAYG Pass is subject to expiry after one month from the date of purchase if not activated (the Validity Period), and the Validity Period is not extendable. Except as otherwise provided for under the Australian Consumer Law, you will not be entitled to a partial or full refund of your Weekly PAYG Pass, where you did not use your Weekly PAYG Pass within the Validity Period. You are not permitted to suspend your Weekly PAYG Pass. You must activate your Weekly PAYG Pass within one month after you purchase it by booking into your first Class or personal training session (as applicable).
All Class Passes are pre-paid, valid for a maximum term as stated on our website, are subject to expiry after the maximum term (the Validity Period), and the Validity Period is not extendable. Except as otherwise provided for under the Australian Consumer Law, you will not be entitled to a partial or full refund of your Class Pass, where you did not use all classes in your Class Pass within the Validity Period. You are not permitted to suspend your Class Pass.
The #intro offer is only available to new customers (namely those who have not previously purchased a Membership, a Weekly PAYG weekly pass or a Class Pass).
Your #intro offer is activated on the date of purchase and is valid for a period of 14 days (Validity Period). If you do not make use of all or some of the #intro offer within the Validity Period, it will expire.
On activation, the #intro offer entitles you to access all of our Classes within 14 days from the date of activation (including the date of activation).
You are not permitted to suspend your #intro offer or transfer your #intro offer to another person.
REFUNDS AND TRANSFERS
We do not offer refunds, or permit transfers to another person, for any unused or expired Into Offer, Class Pass or Weekly PAYG Pass, or Membership.
In the case of permanent sickness or injury we will refund any unused classes from the date of receipt by the Studio of a medical certificate from a qualified medical practitioner.
CLASS BOOKING CANCELLATIONS
Class sizes are limited so this cancellation policy is in place not to penalise, but to free up class spots for other clients and to respect instructors time and availability. In this regard you acknowledge and agree that:
All Classes must be pre-booked online via MindBody. Please book in advance to avoid missing out on a class as all Classes have a certain capacity.
Our booking schedule opens up a minimum of 30 days in advance.
Cancellations can be made up to 6 hours prior to the start of your Class (Cancellation Period).
If you pre-book a Class and cancel after the Cancellation Period, you will not be entitled to a refund and shall be debited a Late Cancel Fee (if you booked using an Membership) or you will forfeit the Class (if you booked using a Class Pass).
If you pre-book a Class and fail to cancel and do not check in at our Studio before the commencement of that booked Class, you will not be entitled to a refund and shall be charged an Absent Fee (if you booked using a Membership) or you will forfeit the Class (if you booked using a Class Pass).
You must be checked in and inside our Studio prior to each Class’s scheduled start time.
The #1on1 packs are prepaid and valid for 7 days from the date of purchase unless otherwise agreed with us by email (the Validity Period), and the Validity Period is not extendable. Except as otherwise provided for under the Australian Consumer Law, you will not be entitled to a partial or full refund of your #1on1 pack, where you did not use all personal training sessions in your #1on1 packs within the Validity Period. You are not permitted to suspend your #1on1 pack.
You acknowledge and agree that:
All personal training sessions must be pre-booked online via MindBody.
Cancellations can be made up to 12 hours prior to the start of your personal training session (Cancellation Period). Any cancellations made within the Cancellation Period should be rescheduled to another time within the Validity Period
If you pre-book a personal training session and cancel after the Cancellation Period, you will not be entitled to a refund and will forfeit the personal training session.
If you pre-book a personal training session and fail to cancel and do not check in within 15 minutes of the scheduled commencement of that booked session, you will not be entitled to a refund and you will forfeit the personal training session.
Each session will last 60 minutes from the scheduled start time.
In unforeseen circumstances where we need to reschedule a session, we will provide you with as much notice as reasonably possible, at which point the session will be rescheduled.
You must undertake an Initial Consultation and sign an Informed Consent before commencing your personal training sessions.
You will discuss all your health history with us, in confidentiality, before commencing your personal training sessions, and you will notify us of any changes regarding your health status.
You must communicate to us any discomforts, pain or concerns experienced during or after your session.
Any such exercise programs have risks, including heart stress and the chance of musculoskeletal injuries. In agreeing to an exercise programme and undertaking the personal training sessions, you agree to assume responsibility for these risks and waive any possibility to the maximum extent for personal damage.
You have no limiting health conditions that would preclude participation in an exercise programme, and you will immediately inform us if such health condition arises during your participation in a personal training session.
You accept full responsibility for your own health and wellbeing and acknowledge and understand that no responsibility is assumed by us.
WORKSHOPS AND EVENTS
#fit_r may host workshops or events in the Studio. Cancellation and no show fees may apply for these workshops and events. See specific events for details. #fit_r reserves the right to cancel any workshop or event without notice, in which case you would be entitled to a refund of prepaid fees.
STUDIO RULES AND ETTIQUETTE
Comply with our Studio rules and health and safety requirements, as amended from time to time;
Comply with any relevant laws;
Respect all users of our Studio (including our Representatives);
Not act in a way that is inappropriate, offensive, illegal or otherwise in breach of this Agreement (as determined by us), either towards other persons using our Studio or otherwise in connection with the use of our Studio;
Not use or otherwise attend the Studio or surrounding facilities when you are intoxicated;
Use our equipment and facilities with respect and care and ask for help if you are not sure of how to use something;
Ensure you are wearing suitable attire for your classes;
Enter and leave our Studio without making unreasonable levels of noise or disruption;
Not attempt to enter our Studio if you are not checked in;
Not leave before the end of a Class, as this may disrupt other persons attending the Class;
Cease participating in any Class, other Class or event, in the event of injury, discomfort or illness;
Not allow third parties, who are not members, session package users or guests, to access our Studio;
Follow our instructors’ instructions at all times;
Maintain good hygiene standards when using our Studio; and
Follow all other rules and policies set from time to time by us in relation to your use of our Studio.
You acknowledge and agree the following:
We may remove or replace any equipment at our Studio;
We reserve the right reserve the right to change, cancel or delete Classes and other activities from our schedule at our discretion without notice and without compensation;
We reserve the right in our absolute discretion to refuse you entry to or eject you from our Studio, including if you:
- fail to provide us with a valid and acceptable form of identification;
- are under the age of 18 years old; or
- breach a term of this Agreement.
We reserve the right to close our Studio, or provide a reduced schedule of Classes and activities during certain periods, including due to Force Majeure Events, during holiday periods, renovations and maintenance and repairs.
If we in accordance with our rights above:
- close our Studio, and you have already booked Classes during the closure period, we agree to reschedule those booked Classes;
- reduce our Class schedule during any period, any Classes you booked during that period which are no longer available, will be credited to your account if you booked those Classes with a Class Pack; and
- close our Studio for more than 4 consecutive days (excluding Victorian Public Holidays) we will extend the Membership or period during which you are entitled to use your Class Pass, #intro offer or Weekly PAYG Pass (without penalty or further charge).
We reserve the right to cancel your Membership, #intro offer, #unlimited weekly PAYG pass or any Class Pass if you breach this Agreement. You will not be entitled to a refund, in respect of such cancellation.
We may terminate this agreement at any time, in which case you will be refunded for any unused Classes or personal training sessions (and if a Membership or Weekly PAYG Pass is purchased, on a pro rata basis).
We may from time to time lease some of our Equipment to you for your use in our Classes which are provided virtually on-line. This Equipment must be used strictly for the Classes only and is not to be used for personal use otherwise. You agree that you will be responsible for any damage to the Equipment which does not occur during class. In the event that the Equipment is damaged during class, you must immediately notify the instructor of the damage, otherwise you agree that the assumption will be that the equipment has not been damaged during class.
You must not copy, reproduce, sell, distribute, license or otherwise use our Intellectual Property without our prior written consent, which may be withheld by us in our absolute discretion.
Where you make a recording or take a photograph without our written permission (Infringing Content), you confirm that the Intellectual Property Rights in the Infringing Content shall automatically vest upon creation in #fit_r and shall be our exclusive property throughout the world in perpetuity or is otherwise assigned by you to us. You agree to execute any document as required by us to confirm our ownership in any Infringing Content.
Unless you otherwise advise us in writing whereby this clause shall not apply to any Content created by us after this notice, you irrevocably consent to us making recordings and taking photographs of you at our Studio (Content) and using the Content for promotional purposes associated with #fit_r including online via our Website and social media pages and on printed materials.
MEDICAL AND PHYSICAL CONDITIONS
By participating in any activities at the Studio, you warrant that you have no medical or physical conditions that you are aware of that may affect your ability to safely participate in the Classes, personal training and other activities at our Studio.
If you have any current medical or physical conditions, it is your responsibility to ensure that you have permission from your doctor or treating practitioner to safely participate in Classes, personal training and other activities at our Studio.
It is your responsibility to let us know if you have any medical or physical conditions that may affect your ability to safely participate in various Classes, personal training and other activities at our Studio. If your medical or physical condition changes after joining it is your responsibility to let us know.
Our Classes and personal training are not designed or recommended for women during all stages of pregnancy.
Our Classes and personal training are not appropriate for women immediately after childbirth (minimum 6 weeks) and for your safety you must obtain your doctor’s written consent to engage with our Classes or personal training after that time and if you do.
We reserve the right to refuse your participation in any Class or Service or other event if it appears to the Class teacher or other staff member that your medical or physical condition would make it unsafe to do so.
You acknowledge and agree that whilst we take all reasonable steps to ensure that the Services provided by #fit_r are safe, there are some significant and inherent risks for you in participating.
As a condition of using our Studio and participating in Classes, personal training and other activities at our Studio, you agree to sign the Waiver and/or Informed Consent prior to participating for the first time or as otherwise requested by us.
Australian Consumer Law
Subject to the terms and conditions of the Waiver, you retain all rights under the Australian Consumer Law when acquiring the Services.
Subject to the terms and conditions of the Waiver, nothing in this Agreement shall limit, restrict or exclude any consumer guarantees under the Australian Consumer Law.
Limitation of liability
To the extent permitted by law, you agree:
We (and our Representatives) will not be liable and exclude all liability (whether arising under this Agreement, in tort, equity, statute or in any other way) for all Loss sustained by you in relation to your use of our Studio or inability to use our Studio, or the use of our Equipment.
We (and our Representatives) will not be liable and exclude all liability (whether arising under this Agreement, in tort, equity, statute or in any other way) for all Loss sustained by you, due to any act or omission by our sub-contractors who may assist us to supply the Services.
You hereby release us and Representatives from all Claims (whether arising under this Agreement, in tort, equity, statute or in any other way) you may have against us and Representatives in connection with this Agreement or otherwise entering and using our Studio.
If we are found to be liable to you under this Agreement or otherwise, to the extent permitted by law, then our maximum aggregate liability will not exceed the total fees paid to us in relation to your use of our Studio.
You indemnify us and our Representatives against all Claims and Losses (excluding any Consequential Loss)
incurred by us or our Representatives arising out of or in connection with:
- any death of, or injury to, any person and any loss to the property of any person, caused by a negligent or unlawful act or omission of you in relation to your use of our Studio; or
- any breach of this Agreement by you.
CHANGES TO AGREEMENT
We may change the terms of this Agreement from time to time and will provide you with 2 weeks’ prior written notice by email of any changes. We will also upload changes to the Website. Your continued use of the Studio after we notify you of any changes, means that you accept those changes.
If you do not agree with any changes made, you have the following rights:
- If you have a #unlimited contract Membership, you may terminate the Membership with 7 days’ notice.
- If you are on a Weekly PAYG Pass or a #intro offer, you may request prior to the effective date of the changes, a pro-rata refund on the unused portion of the pass or offer.
- If you are on a Class Pack, you may request prior to the effective date of the changes, a pro-rata refund on the unused portion of the Classes.
- If you have a booked a special event or workshop, you may request prior to the effective date of the changes, a refund and we agree to pay that refund.
This Agreement is the entire agreement between the parties and supersedes all prior discussions, understanding and agreements in relation to the subject matter of this Agreement.
We may assign, transfer or otherwise deal with any right or obligation under this Agreement for the purpose of restructuring, merger with another entity or a sale of business.
If any provision is unenforceable or invalid, it will be ineffective to the extent it is unenforceable or invalid, without affecting the validity or enforceability of the remaining provisions of this Agreement.
Termination in whole or in part of this Agreement does not affect those provisions and those obligations of a party which by their very nature survive termination.
GOVERNING LAW AND JURISDICTION
This Agreement are governed by the laws in force in Victoria, Australia.
The parties submit to the exclusive jurisdiction of the courts of Victoria, Australia.
Together we are #fit_r!