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 or the gym where you sign up in person within a Fitbeat gym location (referred to as Your Gym). Where you have a paid account on the Platform, the legal entity of that Fitbeat gym location is as listed in your account settings on the Platform. 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.
A number of our Membership Plans have minimum commitment periods, with cancellation policies, and which will continue until cancelled or terminated by either you or Your Gym in a way described in these Terms. Before signing up, you should review these Terms and the Membership Plan details in Schedule 1.
If an automatic debit arrangement is in place for your 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 You will still be bound by these Terms and conditions even if your details are not accurate, out-of-date or do not reflect your true identity.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.
Billing Plan Cycle means the billing cycle for your Membership Plan as set out in Schedule 1.
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.
Carbon Plan means our carbon plans as described in Schedule 1 and on the Platform.
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.
Meals means any food meals ordered by you from our nominated third party service provider.
Meal Plan means a customised meal plan, which forms part of the Membership Services.
Membership Plan means any free trial and our various membership plans including Carbon Plans and Neon Plans or Pay-As-You-Gym Membership Plans (as described in Schedule 1), 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/or access to classes at Your Gym during the hours set out in your Membership Plan; and/or
- 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.
Neon Plan means our neon plans as described in Schedule 1 and on the Platform.
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, and as described in Schedule 1.
Payment Date means the billing date on which we will debit your payment method with the Fees, as set out in Schedule 1.
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 on any electronic hardware within the Premises, or any software that is accessible via any of our Fitbeat desktop or mobile websites or can be accessed via mobile phones, personal computers, lap tops, televisions, monitors, tablets and other forms of smart devices.
Premises means the location of Your Gym as set out under the premises address as listed in your account settings on the Platform.
Schedule means the schedule attached to these Terms.
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 personal trainers and you may only attend the Premises during classes which include personal trainers;
- 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 12.
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. A free trial may be offered for sign up online via the Platform or within a Fitbeat gym location via the Platform within that Fitbeat gym location. The terms of a free trial will be communicated to you at the time that you sign up and may include limited features or access, such as no access to the online Platform.
- You may choose via the Platform to sign up for a paid Membership Plan before, during or after any free trial period. If you are found to be misusing the free trial Your Gym has the right to cancel your membership, terminate these Terms and your Platform account (if any). If you sign up to a 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 Membership Plan and these Terms, having a membership grants you access to the Membership Services where you have a class booked during your Membership Plan’s hours which are specified within your account on the Platform (or as otherwise agreed between you and Your Gym).
- Subject to you having an active membership under these Terms, your membership may provide you with access to the Fitbeat Home section of the Platform (Fitbeat Home) under a free plan and you may upgrade from the free plan to a paid plan to access additional services. In order to access Fitbeat Home, you must agree to the terms and conditions (which may be with a related body corporate of Your Gym or another entity).
- 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 class at Your Gym must be a class that includes personal trainers and you must consult with a personal trainer on duty during your initial visit before undertaking any exercise or other activities within the gym;
- following your initial visit, you must not attend classes at Your Gym that exclude personal trainers unless:
- you acknowledge that you have a sufficient understanding of how the gym works to attend classes at Your Gym that exclude personal trainers; and
- you acknowledge that you are physically and mentally competent to attend classes at Your Gym that exclude personal trainers;
- 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 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 (whether online or at a Fitbeat gym location) 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, unless you sign up for a Membership Plan or free trial at a Fitbeat gym location and Your Gym agrees you may attend a class at that time;
- 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, including in regards to your diet and the use of any dietary supplements;
- 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 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;
- any product supplied by us to you is not a medical product and is not intended to diagnose, treat, cure or prevent any disease; 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 4(e)(1);
- Clause 4(e)(2); and
- Clause 4(g).
- 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 may order Meals via the Platform from our nominated third party service provider, currently My Muscle Chef, and may be any other third party service provider who we may nominate from time to time.
- You agree that any order for Meals will be provided by our nominated third party service provider, and not us, and we will have no Liability to you to supply any ordered Meals.
- To the extent that you choose to purchase Meals via the Platform, from our nominated third party service provider, you are solely responsible for the purchase of, and any terms and conditions related to, those Meals. For the avoidance of doubt, we are not a party to any agreement between you and our nominated third party service provider.
- If, as part of the Membership Services, we agree to provide you with Meal Plans, you agree:
- that we may require you to complete a questionnaire as to your gender, fitness goals and meal preferences, among other things, and you agree to provide accurate, current and complete information;
- to review the Meal Plans against any food allergies and dietary requirements and not follow such Meal Plans if it is incompatible with any food allergy or dietary requirement you may have;
- warrant and represent that you will confirm any Meal Plan with your medical physician and ensure that you are cleared to undertake the recommendations made under the Meal Plan; and
- that you assume all risk associated with following the Meal Plan and you agree that following the Meal Plan may result in serious bodily injury or death, particularly if you have provided false information or failed to seek the advice of a medical physician.
- You agree to pay Your Gym the Fees, and any other amounts payable to Your Gym under these Terms on each Payment Date in accordance with your Billing Plan Cycle (if applicable), without set off or delay via credit card or any other payment method set out on the Platform. If applicable, Membership Plan Fees must be paid prior to your access to the Membership Services.
- If your first Payment Date is not on the Weekly Payment Date, you will only be charged the applicable portion of the Fee for your Membership Plan for the remainder of the week before the Weekly Payment Date. Your second Payment Date will be on the Weekly Payment Date.
- 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 your Payment Date, 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 your Payment Date 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 your Payment Date 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.
- If you wish to make any changes to your Membership Plan, you must contact Your Gym via email and such requested changes will only take effect where Your Gym agrees to these changes in writing.
- 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, Additional Services;
- any other loss, liability or damage that you may incur as a result of the Membership Services, Additional Services provided by us to you;
- the coronavirus disease (COVID-19), severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) (or any mutation or variation thereof), including, but not limited to, the outbreak or contraction of, COVID-19 or SARS-CoV-2 (or any mutation or variation thereof), or any action taken in controlling, preventing, suppressing or in any way relating to any outbreak of COVID-19, SARS-CoV-2 (or any mutation or variation thereof); or
- Your Gym’s breach of these Terms or delay or non-performance of Your Gym’s obligations under these Terms due to a Force Majeure Event. For the purpose of these Terms, a Force Majeure Event is any one, or combination, of the following events or circumstances:
- fire, hurricane, typhoon, earthquake, cyclone, landslide, tsunami, mudslide or other catastrophic natural disaster;
- civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities;
- ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination;
- disease (including any mutation or variation thereof), epidemic, pandemic, government sanctioned shutdown or any action taken in controlling, preventing, suppressing any outbreak of any disease (including any mutation or variation thereof), or global economic downturn; and
- blackouts; amended legislation; lockouts; strikes; disputes with landlord; or all other types of force majeure events, including events beyond our reasonable control.
- 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 11(b), 11(c) and 11(e), 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.
12 Cancellation, Termination, Suspension & Freezes
Your cancellation of your Membership Plan
- You may cancel your Membership Plan (if permitted), as set out in Schedule 1.
- All cancellation requests must be made via email to Your Gym
Suspending your Membership Plan
- If you provide a valid medical certificate certifying that you cannot attend the gym for a specified period of time, Your Gym may agree to suspend your Membership Plan for a period of time agreed with you in writing.
- The end date of your Membership Plan will be extended by any suspension periods during the term of your current Membership Plan. You will not be able to attend any Premise while your Membership Plan is suspended.
Freezing your Membership Plan
- By providing at least 2 weeks’ written notice to Your Gym (via email), and receiving confirmation from Your Gym, you may freeze your Membership Plan for up to 4 weeks during any 12 month period (or pro rata portion thereof), during which time you will be charged a weekly administrative fee of $10 (Administrative Fee). If you freeze only a portion of a Billing Plan Cycle, in addition to the Administrative Fee, you will also be required to pay, on a pro-rata basis and on your Payment Date, any Fees for any days in any Billing Plan Cycle which are not subject to the freeze. The end date of your Membership Plan will be extended by any freeze periods during the term of your current Membership Plan. You will not be able to attend any Premise while your Membership Plan is frozen.
- If your Membership Plan expires or is cancelled , 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 cancel your Membership Plan or if it automatically expires.
Your Gym’s cancellation of your Membership Plan and/or termination of these Terms
- Your Gym may cancel your Membership Plan and/or terminate these Terms at any time with 4 weeks’ written notice to you (Termination for Convenience). Despite anything to the contrary, you will not be required to continue paying the Fees for your Membership Plan after such Termination for Convenience takes effect.
- Your Gym may cancel your Membership Plan and/or terminate 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 your Payment Date (at Your Gym’s absolute discretion);
- you consistently (on more than 3 occasions) make payment after your Payment Date; or
- in accordance with clause 14(f).
- 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 cancel your Membership Plan and/or terminate these Terms within 30 days of the amendment becoming effective without notice. For the avoidance of doubt however, changes to class times, facilities and hours of operation does not constitute a change of these Terms for the purposes of this clause.
- Where you have no Membership Plan, you or Your Gym may terminate these Terms by terminating 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 may 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 images or recordings of you to be taken by Your Gym from time to time. You grant consent to Your Gym to use your image or recording for promotional purposes.
- 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.
- Force Majeure Event: If a Force Majeure Event subsists so that Your Gym is unable to perform all or a material part of its obligations under these Terms for a period of at least 2 months, Your Gym may terminate these Terms with immediate effect by notice to you. Upon issue of such notice, clauses 12(f), 12(g) and 12(l) will apply.
- 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. Amended Terms are effective on the date we publish the amendment if it is a non-material change or 1 week after notification if it is a material change. If, for any reason, we fail, or are unable to, notify you of any material change, the amended Terms are effective from 1 week after we publish the amended Terms on the Platform or in the Premises. We recommend you carefully read the Terms that are in effect at any given time to ensure you understand and agree to them.
- Survival: Clauses 7, 8, 9, 11 and 14 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.
Contact details:[email protected]
Last update: 9 October 2020
Schedule 1 – Membership Plans
|Membership Plan||Inclusions||Payment Date and Billing Plan Cycle (if applicable)||Term (unless cancelled or terminated early in accordance with the Cancellation,
Termination, Suspensions and Freezes clause in the Terms)
|Cancellation and notice period|
|Free trial||As described on the Platform.||Not applicable.||Your free trial Membership Plan will commence at the time that you sign up for the free trial and will expire at the end of the free trial period, as specified on at the time that the free trial is offered to you.||Not applicable.|
|Pay-As-You-Gym||As described on the Platform||The day you signed up to the Pay-As-You-Gym Membership Plan.||Your Pay-As-You-Gym Membership Plan will commence after you pay the Fee and will expire at the end of the period for the membership, as set out on the Platform.||Not applicable.|
|1 day||As described on the Platform for your Carbon Plan or Neon Plan (as applicable).||The day you signed up to the 1 day Membership Plan||Your 1 day Membership Plan will commence after you pay the Fee and will expire 24 hours after commencement.||Not applicable.|
|Standard||As described on the Platform for your Carbon Plan or Neon Plan (as applicable).||The day you signed up to the Standard Membership Plan, and the Weekly Payment Date thereafter.
Billing Plan Cycle: weekly
|Your Standard Membership Plan will commence after you pay the Fee and will continue until cancelled or these Terms are terminated.||You may cancel your Standard Membership Plan by providing 7 days’ notice to Your Gym via email. Your Standard Membership Plan will renew for one further Billing Plan Cycle if you do not provide 7 days’ notice before your next Payment Date.|
|3 month||As described on the Platform for your Carbon Plan or Neon Plan (as applicable).||The day you signed up to the 3 month Membership Plan, and the Weekly Payment Date thereafter.
Billing Plan Cycle: weekly
|Your 3 month Membership Plan will commence after you pay the Fee and will continue for 3 months from the first Weekly Payment Date (3 Month Period).
The 3 month Membership Plan will then automatically convert to a Standard Membership Plan (and all
|You may cancel your 3 month Membership Plan by providing notice to Your Gym via email 7 days prior to the end of the 3 Month Period.
If upon your request, Your Gym, at its sole discretion, agrees to cancel your Membership Plan prior to the end of the 3 Month Period, then you will be liable to pay 50% of the Fees remaining for the 3 Month Period. You agree this is a genuine pre-estimate of our loss.
|6 month||As described on the Platform for your Carbon Plan or Neon Plan (as applicable).||The day you signed up to the 6 month Membership Plan, and the Weekly Payment Date thereafter.
Billing Plan Cycle: weekly
|Your 6 month Membership Plan will commence after you pay the Fee and will continue for 6 months from the first Weekly Payment Date (6 Month Period).
The 6 month Membership Plan will then automatically convert to a Standard Membership Plan (and all
|You may cancel your 6 month Membership Plan by providing notice to Your Gym via email 7 days prior to the end of the 6 Month Period.
If upon your request, Your Gym, at its sole discretion, agrees to cancel your Membership Plan prior to the end of the 6 Month Period, then you will be liable to pay 50% of the Fees remaining for the 6 Month Period. You agree this is a genuine pre-estimate of our loss.
|12 month||As described on the Platform for your Carbon Plan or Neon Plan (as applicable).||The day you signed up to the 12 month Membership Plan, and the Weekly Payment Date thereafter.
Billing Plan Cycle: weekly
|Your 12 month Membership Plan will commence after you pay the Fee and will continue for 12 months from the first Weekly Payment Date (12 Month Period).
The 12 month Membership Plan will then automatically convert to a Standard Membership Plan (and all
|You may cancel your 12 month Membership Plan by providing notice to Your Gym via email 7 days prior to the end of the 12 Month Period.
If upon your request, Your Gym, at its sole discretion, agrees to cancel your Membership Plan prior to the end of the 12 Month Period, then you will be liable to pay 50% of the Fees remaining for the 12 Month Period. You agree this is a genuine pre-estimate of our loss.
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, certain classes do not include personal trainers. Where you have any medical concerns, we recommend you choose a Membership Plan with personal trainers so that they 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 from the personal trainers (if they are included in your Membership Plan).
- 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 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
- cancel your membership and/or terminate our membership terms and conditions with you, according to the membership terms and conditions.