INTRODUCTION

1           TERMS AND CONDITIONS

1.1        If you wish to access our services, including attending our events or participating in our exercise classes (Services), you must register an account with us. You may register an account directly with us or through certain third-party mobile smartphone applications (App) such as the MindBody App which is available to download from the Apple App Store or Google Play. Upon registering an account to access our Services, you agree to be bound by these Terms and Conditions (Terms and Conditions) our Website Terms of Use, and Privacy Policy (Terms). 

1.2        If you do not agree with the Terms and Conditions, please do not use our Services. 

1.3        We may make any reasonable change or update to these Terms and Conditions which will come into effect at the earlier of:

(a)        One month from the date we notify you of the change or update; or

(b)        The date you next purchase any Passes from us after we notify you of the change or update.

1.4        References to “we”, “us” and/or “our” in these Terms and conditions is a reference to The Fit Space (SA) Pty Ltd (ABN 11 627 617 823) and its’ related entities, affiliates and franchisees (as relevant).

 

2           Prices and Booking

2.1        Our prices and Class Schedules may change from time to time. Current prices and Class Schedules are displayed on our Website and App.

2.2        A limited number of people may participate in each exercise class. To participate in an exercise class, you must book a space. Bookings can be made online, via our website or smart phone app, or by calling or emailing your Studio. 

3           Cancellation Policy

3.1        Cancelling or rescheduling must be completed at least 8 hours prior to the start of the exercise class. The exercise class will be lost if the cancellation is attempted less than 8 hours prior to the commencement of the exercise class.   

3.2        A minimum of two people must be booked to attend for a class to proceed. We will attempt to contact you by SMS, telephone or email to notify you if one of your booked exercise classes will be cancelled.

3.3        To ensure the health, safety and enjoyment of all participants in an exercise class, you will not be able to participate if you arrive five minutes or more after the commencement of your class.

3.4        The Fit Space (SA) Pty Ltd, its officers, employees, contractors or agents reserve the right to refuse your access to any or all exercise classes at their discretion.

4           Class Waitlists

4.1        If an exercise class is full you may still register your interest in attending the exercise class by joining the waitlist. If you have registered yourself on a waitlist and a place becomes available:

(a)        you will be automatically be registered to attend the class; and

(b)        you will be notified via email of your registration to attend the class.

4.2        If you no longer wish to attend a class that you are waitlisted for, please remove yourself from the waitlist otherwise you may be automatically registered to attend the class. If you are automatically moved from a waitlist into an exercise class less than 8 hours before the class, our 8-hour cancellation policy applies and you will be unable to cancel the class without losing it.

5           Passes, Multipacks and Memberships

5.1        We offer individual class passes, class multipacks and fixed term memberships (Memberships) as available from time to time for purchase on our website, App or in the studio (Passes). You must purchase Passes before you can register to attend.

5.2        The sale of Passes is subject to specific terms and conditions applicable to the type of Passes you have purchased. These terms and conditions often include terms such as Membership period, expiry dates and minimum/maximum attendance numbers.

5.3        Passes cannot be sold, traded, gifted, shared, provided or otherwise transferred to any person other than the purchaser.  

5.4        All Passes have an expiry date.  If Passes have not been used by their relevant expiry date, the remaining Passes will expire and will no longer be available for use.

5.5        Except as required by law, we do not provide refunds, transfers, suspensions or extensions in respect of any Passes.

5.6        We may, in our discretion, suspend or terminate your use of any of your Passes if we reasonably suspect any fraud or misuse of our systems or facilities.

6           Cancellation of Memberships

6.1        You may purchase Memberships for fixed minimum terms (Minimum Term) as offered from time to time. 

6.2        A Memberships ends when the Minimum Term ends.

6.3        You may cancel a Membership prior to the end of the Minimum Term if you provide us with 30 days’ notice.

7           Referral Credit

7.1        We may offer a referral credit to existing account holders for referring a new member to us.  Referral credit may be used to purchase Passes but is not redeemable for cash. Referral credit is valid for 3 months from the date of the referral and must be used in one transaction.

8           Gift Vouchers

8.1        We may offer gift vouchers for sale.

8.2        Gift cards are loaded with an amount of cash that enables you or the recipient to exchange it for goods or services to the value of the amount on the card.

8.3        Gift cards:

(a)        may only be used to purchase Passes;

(b)        will expire on the expiry date displayed on the of the gift card;

(c)        may be used for the number of transactions displayed on the of the gift card;

(d)        cannot be reloaded or topped up; and

(e)        cannot be refunded, resold or exchanged for cash.

9           Class Schedules

9.1        Exercise classes vary in length (typically 45-60 min). The length of exercise classes is displayed on the Class Schedule.

9.2        Class Schedules and trainers and are subject to change or cancellation without notice. 

9.3        We are not liable to provide a refund, credit, transfer or other compensation for an exercise classes that is not held in accordance with our published Class Schedule including, but not limited to, any changes or cancellations.

10         Conditions of Entry

10.1     We, our affiliated entities, officers, employees, contractors and agents reserve the right to refuse entry to, or eject from our premises, clients or others persons for reasons such as safety, offensive or inappropriate attire or disruptive behaviour that affects the peace or comfort of other patrons or member of staff.

11         Age Limits and Restrictions

11.1     You must be at least 16 years of age to attend our classes. For safety reasons, you must not leave you children in reception area or bring them into the exercise area while you attend your class.

11.2     If you are 16 or older but under the age of 18, you represent that you have reviewed these Terms and Conditions with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms and Conditions. If you are a parent or guardian permitting a person under the age of 18 (a Minor) to create an account, you agree to assume all risks associated with the Minor’s use of our Services.

12         Security

12.1     We are not responsible for lost, damaged or stolen personal belongings. We therefore recommend you only bring those personal belongings that are absolutely necessary for the duration of your exercise class. If you do become the victim of a theft, please report it immediately to a member of staff.

13         Promotional Offers

13.1     From time to time we may offer promotions.  Please check our website, App or with our staff for the details of each promotion.

14         Direct Debit Request Service Agreement

14.1     If you wish to purchase a Membership, you will be required to enter into a DDR Service Agreement to authorise our direct debit agent to make periodic debits from your account on our behalf.

14.2     The DDR Service Agreement explain your obligations when entering into a direct debit arrangement and forms part of these Terms and Conditions. You should read the DDR Agreement together with any Direct Debit Request authorisation you submit to us as part of a Membership purchase.

15         Your Personal Information

15.1     We will deal with your personal information in accordance with our Privacy Policy. Our Privacy Policy can be accessed at thefitspace.com.au.

16         Safety and Limitation of Liability

16.1     Prior to participating in any of our exercise classes you must notify our staff of any pregnancy, pre-existing injuries or medical conditions including, but not limited to, illness, muscle soreness/discomfort. If you decide to participate in any of our exercise classes when you have a medical condition, you do so entirely at your own risk.

16.2     While some of our staff members may be medically trained, none of the advice, guidance or recommendations you may receive from our staff members should be construed as medical advice. Our staff cannot assess your health or whether you can safely engage in exercise without detriment. Prior to using our Services, you should consult with your doctor or other healthcare practitioner to ensure our Services are appropriate for you.

16.3     Do not over-exert yourself and stop immediately if you feel pain or discomfort.  Please report any unexpected physical changes to your doctor or other healthcare practitioner as soon as possible. 

16.4     You acknowledge that our instructors may use tactile cueing or other physical contact for correction of technique in order to ensure your exercise is undertaken in accordance with The Fit Space (SA) Pty Ltd’s best practice.

16.5     Our exercise classes, like all forms of strenuous physical activity, have an inherent risk of personal injury. By using our Services, you agree that The Fit Space (SA) Pty Ltd (including its officers, employees and agents) is excluded from all liability for any:

(a)        death;

(b)        physical or mental injury (including the aggravation, acceleration or recurrence of any such injury);

(c)        the contraction, aggravation or acceleration of a disease;

(d)        the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs;

(i)          that is or may be harmful or disadvantageous to you or the community; or

(ii)         that may result in harm or disadvantage to you or the community;

that may be suffered as a result of the supply of Recreational Services (as defined by section 139A of the Competition and Consumer Act 2010 (Cth)) by us except when caused as a result of our reckless conduct. 

16.6     Except for any liability that cannot be excluded by law, The Fit Space (SA) Pty Ltd (including its officers, employees and agents) is excluded from all liability for any loss or damage that is not set out in clause 17.1(a)-(d) (including but not limited to theft, unauthorised access or third-party interference, loss of opportunity, loss of reputation or goodwill, loss of privacy or loss or corruption of information or data); whether direct, indirect, special or consequential, arising in any way out of our Services. This limitation of liability applies even if The Fit Space (SA) Pty Ltd has been expressly advised of potential loss.

17         Jurisdiction

17.1     These Terms and Conditions are governed by the laws of South Australia and you irrevocably submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in South Australia.   

Website Terms and Conditions

This website is owned and operated by The Fit Space (SA) Pty Ltd (ABN 11 627 617 823). By accessing and/or using this website and related services, you agree to these Terms of Use, which include our Privacy Policy (available at thefitspace.com.au) (Terms). If you do not agree to our Terms, please immediately cease using our website.

In these Terms, ‘us’, ‘we’ and ‘our’ means The Fit Space (SA) Pty Ltd and our related bodies corporate.

1. Registration

You must register to purchase classes. Upon registration you will provide us with personal information such as your name, email address and date of birth. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.

A user name and password may be provided to you as part of the registration process. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.

To create an account, you must be:

  • at least 18 years of age;
  • possess the legal right and ability to enter into a legally binding agreement with us; and
  • agree and warrant to use the website in accordance with these Terms.

If you are under the age of 16 years, you may not create an account or register as a member. If you are 16 or older but under the age of 18, you represent that you have reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms. If you are a parent or guardian permitting a person under the age of 18 (a Minor) to create an account, you agree to:

We may ask you to confirm that you have your parent’s or guardian’s permission and that they have agreed to these Terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to our website and your account on this basis.

2. Collection Notice

We collect personal information about you in order to process your registration and for purposes otherwise set out in our Privacy Policy.

We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services to you.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

3. Accuracy, completeness and timeliness of information

The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

4. Promotions and competitions

For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

5. Linked sites

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

6. Intellectual property rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).

Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However, we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third-party licensors.

Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.

7. No commercial use

This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

8. Unacceptable activity

If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice. You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website.

9. Warranties and disclaimers

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

10. Liability

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

11. Jurisdiction and governing law

Your use of the website and these Terms are governed by the law of South Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in South Australia.