FITBEAT – MEMBERSHIP TERMS AND CONDITIONS
These Terms mean these membership terms and conditions, including any Appendices or Schedules, the Behaviour Policy and the Demerit Policy.
These Terms apply to any person (referred to as you or your) that uses or purchases Membership Services from the gym at the location selected by you via the Platform (the legal entity of that gym location is as listed in your account settings on the Platform) (referred to as Your Gym). Collectively you and Your Gym are the Parties.
Your Gym will have no obligation or liability in connection with the Membership Plan or Membership Services until you accept these Terms. You will be deemed to have accepted these Terms if you confirm your acceptance of these Terms (or the provision of the Membership Services) through the Platform.
The Weekly Membership Plan is an ongoing membership agreement with a cancellation period of 6 weeks from the end of your current weekly cycle. The agreement for a Weekly Membership Plan will continue until it is terminated by either you or Your Gym in a way described in these Terms.
If an automatic debit arrangement is in place for your Weekly Membership Plan, the Fees will continue to be debited from your credit card or account until the arrangement is cancelled by you or Your Gym notifying your bank or credit provider. If you terminate these Terms or stop the automatic debit arrangement in a manner not described in these Terms, then you may be liable to Your Gym for damages for breach of contract.
You acknowledge and agree that all information you submit, including to register and update your account must be accurate, up-to-date and reflects your true identity. You will still be bound by these Terms and conditions even if your details are not accurate, out-of-date or do not reflect your true identity.
In these Terms, unless the context otherwise requires, capitalised terms have the following meaning:
Additional Services means services provided by Your Gym, Your Gym’s Personnel or the Platform which you may purchase for an additional fee whether currently available or as made available from time to time.
Behaviour Policy means the Behaviour Policy as set out on the Platform and attached as Appendix A.
Business Day means a day on which banks are open for general banking business in the applicable state for Your Gym’s location as listed in your account settings on the Platform, excluding Saturdays, Sundays and public holidays.
Confidential Information includes information which:
- is disclosed to you in connection with these Terms at any time;
- is prepared or produced under or in connection with these Terms at any time;
- relates to Your Gym’s business, intellectual property, assets or affairs; or
- relates to the subject matter of, the terms of and/or any transactions contemplated by these Terms,
whether or not such information or documentation is reduced to a tangible form or marked in writing as “confidential”, and howsoever you receive that information.
Demerit Policy means the policy which applies to the abuse of Membership Services by members, such as excessive cancellations of booked classes or non-appearances at booked classes, as set out on the Platform and updated from time to time.
Effective Date means the date that you are deemed to have accepted these Terms and successfully completed the signup process for a Membership Plan (including a Membership Plan in any free trial period).
Fees means the fees payable by you for your Membership Plan, as communicated by Your Gym (including via the Platform) and which may be adjusted in accordance with these Terms.
Health Form means the compulsory questionnaire which helps you and Your Gym assess your physical fitness to use the Membership Services.
Liability means any expense, cost, liability, loss, damage, claim, demand or proceeding (whether under statute, contract, equity, tort, indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent.
Membership Plan means any free trial, a Weekly Membership Plan or a Pay-As-You-Gym Membership Plan, or any other membership plans that Your Gym may add from time to time.
Membership Services means one or more of the following, depending on your Membership Plan:
- booking and access to classes at Your Gym during On-Peak hours; and/or
- booking and access to classes at Your Gym during Off-Peak hours; and
- any other services that Your Gym communicates to you (including any services via the Platform),
from time to time, subject to these Terms. Minimum Age Requirements means the minimum age requirement of 16 years.
Off-Peak means the off-peak hours for Your Gym as set out on the Platform and as updated from time to time. Off-Peak hours are generally unstaffed.
On-Peak means the on-peak hours for Your Gym as set out on the Platform and as updated from time to time. On-Peak hours generally include a qualified fitness instructor.
Opening Hours means the hours that Your Gym is open each day as set out on the Platform and as updated from time to time, and Your Gym is only accessible during the hours for your Membership Plan or otherwise communicated to you from time to time, and where you have a class booked through the Platform.
Pay-As-You-Gym Membership Plan means a membership which you purchase outright for a set period of time which provides you with access to the Membership Services as specified on the Platform for your chosen membership option for the Fee.
Payment Terms are described in clause 9(a).
Personnel means, any of Your Gym’s employees, consultants, suppliers, subcontractors, agents, instructors and trainers.
Platform means any software that is accessible by downloading the Fitbeat application on Android or iOS, or any software that is accessible via any of our Fitbeat desktop or mobile websites, or any software that is accessible on any electronic hardware within the Premises.
Premises means the location of Your Gym as set out under the premises address as listed in your account settings on the Platform.
Weekly Membership Plan means a 7 day membership that renews automatically each week which you purchase on an ongoing basis, and which provides you with access to the Membership Services as specified on the Platform for your chosen plan for the Fee.
Weekly Membership Plan Cycle means the weekly cycle for a Weekly Membership Plan which begins on the first Weekly Payment Date and renews each week unless cancelled in accordance with the Termination clause of this agreement.
Weekly Payment Date means the billing day of the week on which we will debit your payment method with the Fees, and which Your Gym may change from time to time.
- Subject to accepting the Platform terms and conditions, you may apply for access to Membership Services from Your Gym by completing via the Platform an application. You agree to provide
accurate, current and complete information during the application process and to update such information to keep it accurate, current and complete and advise Your Gym of any changes to the information.
- If you are under 18 years but meet the Minimum Age Requirements:
- you may only sign up for a Membership Plan which includes On-Peak hours and you may only attend the Premises during On-Peak hours;
- by accepting these Terms you warrant that you have your parent’s or legal guardian’s consent and you have added their true name to the application form; and
- you agree that the parent or legal guardian which you have listed on the application form will accompany you when you check-in for your first gym session (without their attendance you will not be allowed to use the gym).
- Your Gym reserves the right at its sole discretion to refuse to approve any application or renewal of any Membership Plan.
- These Terms take effect on the Effective Date and will continue until terminated in accordance with clause 11.
3 Your Gym’s obligations
- In consideration of you paying the Fees, Your Gym will provide the Membership Services in accordance with these Terms, whether itself, its Personnel or its sub-contractors.
- Your Gym may offer a free trial for a set period, including access to Membership Services as set out on the Platform and subject to these Terms. A free trial is a short term membership which gives you a chance to evaluate if Your Gym’s services are right for you. You may then choose via the Platform to sign up for a paid Pay-As-You-Gym Membership Plan or a Weekly Membership Plan during or after the free trial period. If you are found to be misusing the free trial Your Gym has the right to terminate your membership, these Terms and your Platform account. If you sign up to a Pay-As-You-Gym Membership Plan or a Weekly Membership Plan during your free trial period, the terms of the new Membership Plan will take immediate effect.
- Subject to your free trial, or chosen Pay-As-You-Gym Membership Plan or Weekly Membership Plan and these Terms, having a membership grants you access to the Membership Services where you have a class booked during your membership’s hours which are specified within your account on the Platform (or as otherwise agreed between you and Your Gym).
- You acknowledge and agree that:
- in order to make your first booking, we may require you to complete the Heath Form on the Platform. Any information provided in the Health Form must be complete and accurate. Your Gym may refuse to allow a booking or ask for further information from you based on your answers on the Health Form;
- your initial visit to Your Gym must be within On-Peak hours and you must consult with a fitness instructor on duty during your initial visit before undertaking any exercise or other activities within the gym;
- following your initial visit, you must not attend Your Gym within Off-Peak hours unless:
- you acknowledge that you have a sufficient understanding of how the gym works to attend Your Gym within Off-Peak hours; and
- you acknowledge that you are physically and mentally competent to attend Your Gym within Off-Peak hours;
- following your initial visit, the times of the classes which you may book and participate in will be based on your Membership Plan; and
- that On-Peak and Off-Peak hours, Opening Hours, class times and access to Membership Services may be subject to change without notice.
- Your Gym (including through Your Gym’s Personnel, sub-contractors and agents) may introduce other Membership Services or offer Additional Services, from time to time, at Your Gym’s absolute discretion. Your Gym will determine the fee (if any), scope and conditions of new Membership Services or Additional Services at Your Gym’s discretion.
- In order to access and make use of the Membership Services (including but not limited to booking classes), you will need to create an account by inputting basic information as requested in the applicable form on the Platform and/or by using your Google, Facebook or other social media network account (Social Media Account). If you create an account using your Social Media Account, you authorise Your Gym to access certain information on your Social Media Account. When signing up you agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete and advise Your Gym of any changes to the information.
- It is your responsibility to keep your account details confidential. You are liable for any activity on your account. You must notify Your Gym immediately of any unauthorised use of your account.
- You must not create and/or maintain more than one account.
- Your membership is personal and you cannot transfer it to another person and it cannot be used by any other person.
5 Rules of Conduct
Despite anything to the contrary, to the maximum extent permitted by law, you acknowledge and agree:
- you may only access the Premises where you have a class booked in advance through the Platform;
- you must sign in to the Premises using a gym check-in terminal which may verify your identity using techniques such as facial recognition and email address verification;
- to comply with these Terms, all applicable laws, and all reasonable requests or requirements of Your Gym, at all times while you have a membership;
- to observe any applicable Behaviour Policy or conditions that are introduced or otherwise communicated by Your Gym from time to time and act on any warnings to remedy your behaviour;
- to not use the Premises for commercial or business-related activities and to refrain from causing disruption to other members or other people in the Premises;
- to not allow non-members into the Premises and if you breach this clause you accept all Liability and responsibility for that person;
- to report any non-members you observe to be present on the Premises;
- to not be under the influence of alcohol or non-prescription drugs when in the Premises or when participating in the Membership Services;
- to not engage in reckless, foolish or negligent behaviour, or any other behaviour, which may, in Your Gym’s reasonable opinion, create a risk of injury to you or a third party;
- to respect all Personnel, fellow members, equipment and facilities and ensure you leave equipment as you found it;
- to accept Liability for any repair or replacement cost Your Gym may incur where you cause damage to Your Gym’s Premises or equipment;
- to keep any belongings and valuables you bring into the Premises safe;
- to wear suitable clothing at all times when using the Membership Services;
- to cooperate with Your Gym, and provide Your Gym with policies, information and instructions that are reasonably necessary to enable Your Gym to provide the Membership Services, as requested by Your Gym from to time, and comply with these requests in a timely manner; and
- that you will remain solely responsible for all and any activities you undertake through the use of the Membership Services.
6 Your acknowledgements and warranties
- Despite anything to the contrary, to the maximum extent permitted by law, you acknowledge and agree that:
- your participation in the Membership Services may expose you to the risk of physical harm or personal injury. The risk of physical harm or personal injury may arise from, but is not limited to, third party participants, your physical fitness level or any equipment supplied. You acknowledge and agree that physical harm or personal injury may arise from your or another party’s acts, omissions or negligence. You voluntarily accept any risk that may arise from your participation in the Membership Services including injuries, or any medical conditions exacerbated by flashing lights;
- in the event that you become aware at any time of any medical, physical or psychological condition, injury or impairment that may be detrimental to your health or affect your proper and safe use of the Membership Services, you must immediately notify Your Gym, cease to use the Membership Services and contact your medical provider;
- abuse of Membership Services such as excessive cancellations of booked classes or non-appearance at booked classes, may be subject to demerits as set out in the Demerit Policy;
- any nutrition information provided is for general information purposes only and you should always seek specific advice from a medical professional;
- you will not use the Membership Services, including relying on any nutrition information communicated to you via the Platform, where you have any medical concerns and you will seek advice from a medical provider;
- your reliance on any information that is provided to you is at your own risk;
- you are restricted to using the boxing bags only where you have the appropriate safety equipment (boxing gloves and hand wraps) and Your Gym is not liable for any resulting injuries;
- Your Gym may from time to time allow access to the Premises to external third parties;
- Your Gym does not provide any guarantee as to the number of Personnel available, at any time, in the Premises; and
- Your Gym does not provide any guarantee that you will be able to book a class at your preferred time or your preferred location.
- You represent and warrant that:
- you meet the Minimum Age Requirements, and if you are under 18, you have the express consent of a parent or legal guardian to use the Membership Services, and your parent or legal guardian will attend the check-in for your first gym session;
- there are no legal restrictions preventing you from agreeing to these Terms;
- you will cooperate with Your Gym, and provide Your Gym with information and instructions that are reasonably necessary to enable Your Gym to provide the Membership Services, as requested by Your Gym from time to time, and will comply with these requests in a timely manner;
- you will at all times comply with the rules of conduct set out in clause 5;
- any information you provide to Your Gym is true, correct and complete including the Health Form and your age, and you will update Your Gym before you next use the Membership Services if this information changes and if asked to do so, will recomplete the Health Form;
- you know of no physical or medical conditions that prevent you from participating in the Membership Services or if you know of any physical or medical conditions, you accept that you may be required by Your Gym to receive consent from a medical professional to participate in the Membership Services and you have accordingly received this consent;
- you will follow Your Gym’s reasonable instructions;
- you will inform Your Gym if you have reasonable concerns relating to Your Gym’s provision of the Membership Services under these Terms, with the aim that the Parties will use all reasonable efforts to resolve your concerns; and
- you will not use the Membership Services if you are suffering from any illness, disease, injury or other condition that could be a risk to your health or safety or that of other Personnel.
7 Reciprocal clause
- You acknowledge that a Fitbeat gym other than Your Gym may provide Membership Services to you as part of your Membership Plan or as a special offer.
- Clause 2(a);
- Clause 4(c) (1);
- Clause 4(c) (2); and
- Clause 4(e).
- You acknowledge and agree that you must also comply with any additional policies of the gym including additional behaviour rules with whom you have a contractual relationship under clause 7(b).
8 Third Parties
- You acknowledge and agree that:
- the provision of the Membership Services may be contingent on, or impacted by, third parties, end users, suppliers, other subcontractors (Third Party Inputs); and
- despite anything to the contrary, to the maximum extent permitted by law, we will not be responsible, and will have no Liability, for any default or breach of these Terms or law, if such default or breach was caused or contributed to by any Third Party Inputs.
- You agree to pay Your Gym the Fees, and any other amounts payable to Your Gym under these Terms, without set off or delay via credit card or any other payment method set out on the Platform.
- Pay-As-You-Gym Membership Plan Fees must be paid in advance of you being provided access to the Membership Services and Pay-As-You-Gym Memberships cannot be upgraded, downgraded or cancelled during your Pay-As-You-Gym Membership. You must instead allow your Pay-As-You-Gym Membership Plan to terminate before you can purchase a new Membership Plan. If you have not paid your Pay-As-You-Gym Membership Plan Fees, you will not be allowed access to the Premises. Pay-As-You-Gym Membership Plans do not automatically renew, and instead terminate automatically at the end of the period applicable to each Pay-As-You-Gym Plan as set out on the Platform.
- Weekly Membership Plan Fees must be paid on the Weekly Payment Date in advance of the next Weekly Membership Plan Cycle.
- If your first payment date for a Weekly Membership Plan is not on the Weekly Payment Date, you will only be charged the applicable portion of the Weekly Membership Plan Fee for that week. Your second payment date will be on the Weekly Payment Date.
- Weekly Membership Plans will automatically renew at the end of the Weekly Membership Plan Cycle (and for the same Weekly Membership Plan Cycle) unless you terminate your account in accordance with clause 11
- You may upgrade or downgrade your Weekly Membership Plan to another Weekly Membership Plan via your account on the Platform and:
- where you upgrade your Weekly Membership Plan the Fee for your new Weekly Membership Plan will come into effect immediately and you will be charged the extra Fee for the new Membership Plan calculated on a pro rata basis for the remainder of your then current Weekly Membership Plan Cycle;
- where you downgrade your Weekly Membership Plan, you must provide us 4 weeks’ notice from the end of your then current Weekly Membership Plan Cycle. During this notice period your then current Weekly Membership Plan will remain in effect, including the applicable Fees. After this notice period, your downgrade will come into effect; and
- where you downgrade or upgrade your Weekly Membership Plan it is your responsibility to check the terms and conditions of your selected Weekly Membership Plan, the availability of Membership Services and the pricing before you make your selection.
- You are not able to transfer your Weekly Membership Plan to a Pay-As-You-Gym Membership Plan while your Weekly Membership Plan is in effect.
- You must provide Your Gym with all information which Your Gym may require in order to set up direct debit payments, which may include signing any direct debit agreement or authorisation form which Your Gym or Your Gym’s biller may require.
- If Your Gym is not able to successfully process your direct debit payment or credit card payment, an administration fee is payable on each unsuccessful occasion equal to $10 or the amount charged by the third party payment processor or any other relevant third parties.
- You will be notified if payment is not made on time.
- If any payment has not been made within 2 days of the due date set out in the Payment Terms, Your Gym may (at Your Gym’s absolute discretion) immediately suspend providing the Membership Services or restrict your access to the Premises.
- If payment has not been made within 14 Business Days of the due date set out in the Payment Terms Your Gym reserves the right to charge you interest for any unpaid amount, at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 2% per annum, calculated daily and compounding monthly.
- If payment has not been made within 14 Business Days of the due date set out in the Payment Terms Your Gym reserves the right to engage debt collection services for the collection of unpaid and undisputed debt, and the right to commence legal proceedings for any outstanding amounts owed to Your Gym.
- Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of the Membership Services by Your Gym to you which, except as set out at 10(c), cannot be excluded, restricted or modified.
- Under the ACL, if you, expressly or by implication make known to Your Gym any particular purpose for which our services are being acquired by you; there is a guarantee that our services will be reasonably fit for that purpose.
If you make known, expressly or by implication to Your Gym, the result that you wish the services to achieve; there is a guarantee that the services will be of such a nature, and quality, state or condition, that they might reasonably be expected to achieve that result.
These guarantees do not apply if the circumstances show that you did not rely on, or that it was unreasonable for you to rely on Your Gym’s skill or judgement, or if your expectations were not reasonable in the circumstances.
- However, under certain legislative provisions, Your Gym can ask you to accept some limitations to the ACL guarantees. By accepting these Terms you agree that Your Gym may, to the extent permitted by law, exclude or limit Your Gym’s Liability to you for death or injury from Your Gym’s failure to comply with the ACL guarantees.
- This exclusion does not apply if your death or injury is caused by Your Gym’s reckless conduct (as defined in the ACL).
- Despite anything to the contrary, to the extent permitted by the law:
- Your Gym’s maximum aggregate Liability arising from or in connection with the Platform and these Terms must not exceed the aggregate amount of Fees paid by you to us during the three-month period immediately preceding the event that gave rise to the Liability; and
- we will not be liable to you for any loss of profit (including anticipated profit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
- To the extent permitted by law, Your Gym will have no Liability, and you release and discharge Your Gym from all Liability, arising from or in connection with:
- any loss, theft or damage to your property (including personal items);
- any negligent acts or omissions of you or any third party, including any third party that you allow onto the Premises or you allow to use any part of the Membership Services and/or any other member or user of the Premises; and/or
- lack of suitability or benefit (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Membership Services or Additional Services;
- any other loss, liability or damage that you may incur as a result of the Membership Services or Additional Services provided by us to you.
- Nothing in these Terms excludes, restricts or modifies any terms, conditions, warranties, guarantees, rights or remedies which cannot lawfully be excluded, restricted or modified. Otherwise, unless expressly included in these Terms, all implied terms, conditions, warranties, guarantees, rights or remedies that can be lawfully excluded are excluded. In particular, but subject to clauses 10(b), 10(c), 10(d), Your Gym is not liable for death or injury caused by Your Gym’s negligence or breach of implied terms that the services will be provided with reasonable care and skill. This does not exclude Your Gym’s liability for reckless conduct.
- Indemnity: Despite anything to the contrary, to the maximum extent permitted by the law, you must indemnify us and hold us harmless from and against any loss, cost, liability or damage, howsoever arising, suffered or incurred by us and arising from or in connection with any claim relating to any breach of these Terms by you.
Termination of your Membership Plan
- Your free trial will automatically terminate at the end of the free trial period as set out on the Platform.
Weekly Membership Plan:
- Where you are on a Weekly Membership Plan, you may terminate your Weekly Membership Plan at any time by using the ‘cancel plan’ functionality (or similar) on the Platform. The cancellation will become effective 6 weeks from the end of your current Weekly Membership Plan Cycle and you will be charged until the cancellation becomes effective, i.e. for 6 weeks from the end of your current Weekly Membership Plan Cycle.
- Your Gym may terminate your Weekly Membership Plan at any time with 6 weeks’ written notice.
- If you terminate your Membership Plan or if it automatically terminates, you may not be able to benefit from all Your Gym’s services, including but not limited to, entering Your Gym’s Premises and booking classes.
- We will maintain your account on the Platform and these Terms will not terminate if you terminate your Membership Plan or if it automatically terminates.
Termination of Membership Plan and/or these Terms
- Your Gym may terminate your Membership Plan and/or these Terms immediately and at Your Gym’s sole discretion, if:
- you commit a repeated or serious breach of these Terms or of the Platform terms and conditions;
- you breach these Terms and if the breach is capable of remedy and you do not remedy the breach within 14 days of Your Gym giving you notice to do so;
- you act in a manner that is dangerous or abusive towards any other person;
- any payment has not been made within 7 days of the due date set out in the Payment Terms (at Your Gym’s absolute discretion); or
- you consistently (on more than 3 occasions) make payment after the due date as set out in the Payment Terms.
- If we significantly amend these Terms in a way that adversely affects you and the amendment is not reasonably necessary to protect Your Gym’s legitimate interests, you may terminate your Membership Plan and/or these Terms within 30 days of the amendment becoming effective without notice.
- Where you have no Membership Plan, you or Your Gym may terminate these Terms by terminating, cancelling or closing your Platform account.
- On termination of these Terms, you must immediately return to Your Gym all property, including Confidential Information, belonging to Your Gym or Your Gym’s Personnel.
- Termination of these Terms will not affect any rights or liabilities which a party has accrued under it.
- If you have any feedback or questions about the Membership Services, please contact Your Gym.
- If there is a dispute or you have a complaint in relation to these Terms, your Membership Plan or the Membership Services, you must tell Your Gym in writing the nature of your complaint and/or dispute, what outcome you want and what action you think will settle the dispute so that Your Gym can seek to resolve your complaint.
- Privacy: Your Gym agrees to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines. The Platform settings give you control over your privacy preferences. You will be asked to set these as part of creating your account on the Platform.
- Security: Your Gym may have 24 hour video surveillance in place. Your Gym may take photos, films, videos or audio recordings of you while you are on the Premises for security reasons and for analysis by Your Gym for the purposes of improving Your Gym’s Membership Services.
- Images and recording: Your Gym may use the photograph within your Platform account at the check-in terminal, for facial recognition, to display on the screens within Your Gym and to display publicly on your account. By accepting these Terms you agree to allow your image or recording to be taken by Your Gym. If Your Gym would like to use your image or recording for promotional purposes, including for live streaming on the Platform Your Gym will notify you and will ask you to sign a consent form for this use.
- Confidentiality: You will keep confidential, and not use or permit any unauthorised use of, any Confidential Information without Your Gym’s prior written consent, except where the disclosure is required by law.
- Subcontract: Your Gym can subcontract their obligations to someone else without notice. But if Your Gym subcontracts their obligations, Your Gym is still responsible for ensuring their obligations are met.
- Notices: Any notice given to Your Gym under these Terms must be in writing addressed to the relevant Premises address for Your Gym as listed in your account settings on the Platform. Any notice to you must be in writing and addressed to your current address or email address within your account on the Platform. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
- Assignment: You must not assign or deal with the whole or any part of your rights or obligations under these Terms without Your Gym’s written consent. Your Gym may assign or transfer Your Gym’s rights or obligations under these Terms without your consent. Your Gym can assign or transfer the benefit of your contract to a person, firm or company at any time. Your Gym will give you 28 days’ notice in writing.
- Relationship of Parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the Parties.
- Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
- Amendment: Your Gym may make changes to these Terms, including the Fees and Membership Services, from time to time, by giving you at least 1 week notice where a change is a material change. If Your Gym gives you notice of any material changes and that material change adversely affects you, you may terminate your Membership Plan in accordance with clause 11 (termination).
- Survival: Clauses 7, 8, 9, 10 and 13 survive termination of these Terms.
- Governing law: These Terms will be governed by and construed in accordance with the laws for the time being in force in the state in which Your Gym is located as set out in your account settings on the Platform. The Parties irrevocably submit to the exclusive jurisdiction of the courts in the state in which Your Gym is located.
- Waiver: No waiver by either Party of any provision of these Terms will amount to a waiver of any other provision of these Terms unless made in writing and signed by the Party against whom the waiver would have been enforced.
Last update: 10 April 2019
Appendix A – Fitbeat Gym Behaviour Policy
When visiting a Fitbeat gym we ask you to please adhere to a few rules to make sure everyone has a safe and enjoyable workout!
- We are all here to have fun and we do not want anyone to get hurt so always let a personal trainer on duty know if you have any medical conditions before you work out. However, if you are training at an off-peak class there will be no personal trainers present. Where you have any medical concerns, we recommend you choose an on-peak member plan so that a personal trainer can assist you to train safely.
- Be prompt, leave plenty of time to check in, get changed and have a chat with your fellow members. If you are more than 5 minutes late for your class, your booking will be automatically cancelled.
- Always bring a towel and a drink bottle along to your class.
- All personal property is your own responsibility. We recommend that you leave your valuables at home, all you need for your class is a towel and a drink bottle.
- Please listen to and follow the instructions on your gym screen and if you are in an on-peak class, any personal trainer assisting your class.
- If you spill any water please wipe it up straight away.
- If a piece of equipment doesn’t work properly, stop using it immediately and let us know.
- Wear appropriate clothing and shoes at all times otherwise we will have to ask you to sit the class out. This includes boxing gloves and hand wraps where your workout involves contact with boxing bags. This is important for your safety.
- No mobile phones in class, this is your chance to switch off and take some time for yourself!
- Please respect both our gym equipment and fellow members by placing all gym equipment back into the allocated storage space immediately after you have used it
Prohibited items and behaviour
- No working out if you are under the influence of drugs or alcohol. Do not bring these substances into the gym either.
- No smoking.
- Do not bring any non-members or members who do not currently have active memberships to the gym and please immediately report any non-members or members who do not currently have active memberships that you see in the gym.
- Do not bring any animals into the gym (other than guide dogs).
- Do not use the equipment when your class isn’t in session.
- Do not do any somersaults, backflips or similar acrobatic exercises or engage in any other risky or foolish behaviour.
- We do not tolerate abusive language or behaviour, including swearing, spitting or touching other members without their express permission.
- Do not take pictures of other members without their permission.
- Under no circumstances may you enter the gym training area if you have not successfully signed in at a check-in terminal.
- Do not interfere with our music, and do not touch or interfere with any of our electronic equipment.
- Do not mishandle and abuse any of our gym equipment.
- Do not make excessive noise, such as loud shouting, screaming and dropping weights and equipment.
Additional behaviour rules
Your Gym means Your Gym as defined in the Fitbeat membership terms and conditions as set out on our mobile application and website.
Your Gym may, from time to time, require that you adhere to additional behaviour rules which are not included in this Behaviour Policy. These additional behaviour rules will be communicated by or displayed in Your Gym
Breach of this Behaviour Policy
We may, at any time at our sole discretion, for a repeated or serious breach of this Behaviour Policy:
- expel you from our premises; and/or
- terminate your membership according to the membership terms and conditions.