FITSPACE TERMS AND CONDITIONS
These terms and conditions outline important information about
becoming a FITSPACE member.
Please be sure to read this document mindfully before you join and if you have any questions please be sure to ask us prior to agreeing to these terms. The terms of this agreement nullify anything that you may have been told by anyone. If you have been told anything different to what is contained in this document then you should discuss this with us before agreeing to these terms. The terms and conditions of our studios may change from time to time and you will always be able to see the most up to date terms and conditions here.
1. Membership agreement
– When you purchase a membership or service from us you agree to all the terms and conditions of this agreement.
– You agree that the information contained in this agreement outlines a complete agreement between you and us.
– If any part of this agreement becomes invalid or discontinued you agree that the remaining parts will continue to be valid.
– If FITSPACE does not enforce its rights under this agreement that does not mean that we are waiving those rights. Our rights under this agreement may still be enforced.
2. Class Bookings and Cancellations
– We highly recommend that you pre book your classes online to reserve your spot.
– Our booking schedule opens up 30days in advance.
– If you pre-book a class and fail to attend a booked class you may be debited a $10 late cancel/absent fee, if you are on an unlimited pack) or you will forfeit the class, if you are on a class package.
– Cancellations can be made up to 4 hours prior to the start of your class to avoid a late cancel/absent fee.
3. Introductory offers
– The intro offer is valid for 12 months from the date of purchase.
– Our intro offer is available for use by one person only and is non transferrable.
– The intro offer will activate when you book into your first class.
– Intro passes cannot be suspended.
4. Class packs
– Class packs will expire as indicated on the website, no extensions are permitted.
– Class packs are non transferrable.
5. Direct debit memberships
– When you enter into a direct debit agreement with us your reoccurring payments will be secured at the said rate for a period of 12 months. Please be sure to understand that certain promotional memberships or purchases may alter this period.
– We reserve the right to increase your direct debit after the 12month period and will notify you with one months written notice if this is the case.
– Whilst on Direct Debit you are able to book in advance of your payments being deducted (within our 30 day scheduling period), however this is only possible once your “initial” payment has been deducted.
– Payments will show on your bank/credit card statements as ????????
– If you choose to use a credit card for payment then please note that the name on the card must match the name on your account or the payment will be rejected.
– A dishonor fee of $11.90 will be charged to you by ???????? for any payments that are unable to be processed.
– We reserve the right to charge reasonable administration fees for clients who’s payments fail on a regular basis.
– We reserve the right to terminate direct debit memberships for clients who fail to respond to correspondence from us regarding failed payments.
6.1 Cooling off period
– You may cancel your contract at any time with 7 days written notice to fitspace and this can be given to us via email or in person at the gym. Please be sure to understand that certain promotional memberships or purchases may extend this cooling off period and or the cooling off period may not apply.
– If you choose to cancel under this clause you will be refunded 80% of the amount paid.
– Refunds will be made via EFT or bank transfer within 10 business days. No cash refunds will be issued.
6.2. Transferring Your Membership
– You can transfer your direct debit membership to another person, at any time.
– An administration fee of $50 will apply to all transfer requests.
6.3 Membership suspensions
– You are able to suspend your membership for up to 3 months/90days for all 12-month direct debit commitments. Please be sure to understand that certain promotional memberships or purchases may differ and or suspension periods may not apply.
– A minimum of one weeks written notice must be given either in the studio or via email to your regular studio.
– Members who find that they are unable to attend and utilize their membership for temporary reasons due to injury or illness are able to suspend their memberships for up to 30days/one month maximum.
– Please also note that suspending your account will change the date that money is deducted from your bank account/credit card.
– Reasonable administration charges may apply to all suspensions requests.
– It is your responsibility to ensure that your membership details are accurate and up to date including all contact details and your nominated bank or credit card details for payments.
6.4. Membership terminations
– A minimum of one weeks written notice must be given either in the gym or via email to firstname.lastname@example.org
– A reasonable administration fee may be applied to all termination requests processed.
– Should you find that you are unable to continue your membership due to illness or injury we will terminate your membership with immediate effect with a valid medical certificate.
7. Access to the studios
– Members must be 14 years old to attend classes.
– For student who are over 14 years and under 18 years a signed consent form must be provided from a parent or legal guardian prior to attending classes.
– It is recommended that if you are under 18 years of age that you seek medical advice prior to undergoing any classes to ensure that yoga is the right exercise for you.
– Please be sure that you are wearing suitable attire for your classes and that no shoes or glass waters bottles are taken into the shala itself.
– Any belongings left behind will be keep in lost property by FITSPACE for a maximum of 1 week after which time they will be given to charity.
8. Use of studio facilities
– It is your responsibility to use our equipment and facilities with respect and care. If you are unsure of how to use anything please let a staff member know.
– It is our right to remove or replace any equipment.
– We reserve the right to change, cancel or delete classes from our schedule at our discretion without notice.
– We reserve the right to close the gym for periods of refurbishment or holiday periods. If we decide to close the studio for more than 4 consecutive days you may request an extension on your membership without penalty.
– Memberships fees will not be reduced if we decide to close the studio for periods of refurbishment or holiday’s for up to 4 days.
9. Medical or physical conditions
– It is your responsibility to let us know if you have any medical or physical conditions that may affect your practice.
– It is your responsibility to ensure that you have permission from your doctor or treating practitioner to participate in our classes.
– By agreeing to these terms you accept that you have no detrimental medical or physical conditions that you are not aware of that may prevent you from participating in our classes.
– If your medical or physical condition changes after joining it is your responsibility to let us know.
– You accept that we are not medical practitioners and cannot give you any advice on your medical condition and your ability to participate in our classes.
– You acknowledge that you have agreed to the liability waiver that was provided to you upon your initial sign up to our studio.
– You agree that practising with us involves a risk of minor and major injury, soft tissue injury, broken bones and joint injuries and that you practise at your own risk.
– You agree to practise safely and that you will ask for assistance when needed.
– You agree that we will not be liable for any personal items that are damaged, lost or stolen.
– You agree that we are not responsible or liable for any parking fines incurred while you are participating in classes.
– You agree that you will liable for costs of repairs and replacement of equipment damaged by yourself to any of our equipment.
11. Violation of rules and regulations
– It is our right to change or vary the above terms and conditions and our policies from time to time.
– Any violation of our terms gives us the right to terminate your membership effective immediately at our discretion.
– We reserve the right to refuse entry to anyone into the studio or to classes for any reason including members.
– We reserve the right to cancel, terminate or suspend memberships or access to the studio to any student who breeches the above terms and conditions without warning or notice.
12. Code of practise
– We adhere to the VIC and NSW codes of practise if required a copy of the summary will be provided.
WEBSITE TERMS AND CONDITIONS
These terms and conditions apply to your use of the website at www.fitspacesydney.com and to the entire contents of the Website. Please read them carefully before using the Website.
By accessing any part of the Website, you will be deemed to have accepted these terms and conditions in full, and they will constitute a legally binding contract between us and you. Accordingly, if you do not agree with any part or all of these terms and conditions, do not use the Website.
1. Changes to these terms and conditions
We may change these terms and conditions at any time by posting the changes on the Website. You are responsible for informing yourself of any changes by regularly viewing this section of the Website. If you access or use the Website after any changes are posted, you are taken to have agreed to those changes.
2. Licence to use Website
We grant you a non-exclusive licence to use the Website, subject to these terms and conditions. We may terminate this licence at any time and without notice to you.
3. Intellectual property
(a) All content included in or on the Website (including, but not limited to, text, design, graphics and code and any arrangement of those things) is owned by or licensed to us and is protected by copyright, trademark, and other laws in Australia and various other countries. The trade marks displayed on the Website are owned by or licensed to us, or are otherwise properly used by us, and many of those trade marks are registered in Australia and a number of other countries around the world. We do not grant you any express or implied right to use, reproduce, modify, create derivative works from, upload, transmit or distribute that content, any of those trade marks or any other intellectual property.
(b) You may only view, print and download extracts from the Website for your own personal use and not for commercial use. You do not have permission to copy, reproduce, republish, store in or on any public or private electronic retrieval system, up-load, post, communicate, transmit or distribute in any way any of the contents of the Website for public or commercial purposes without our prior written consent.
While we normally try to make the Website available 24 hours a day, we are not liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice to you in the case of a system failure, required maintenance or repair or for reasons beyond our control.
5. Your material and conduct
(b) You are prohibited from posting or transmitting to or from the Website any material:
(i) that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance to, or inconvenience for, us or any other person; or
(ii) for which you have not obtained all necessary licences and/or approvals; or
(iii) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to the law of, or infringe the rights of any third party in, any country in the world; or
(iv) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
(c) It is our policy to co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of this clause 5 or any law.
(d) You may not misuse the Website (including, without limitation, by hacking).
(i) your server address;
(ii) your top level domain name;
(iii) the date and time of access to the Website;
(iv) the pages accessed and documents downloaded;
(v) the previous web site visited; and
(vi) the type of browser software in use.
(b) We use this information for various purposes including statistical purposes, but in each case, the information collected cannot be used to identify you personally.
(c) You may be able to disable cookies on your web browser, but doing so may limit your ability to use the Website fully.
(a) The contents of the Website are intended to provide general information only and are not to be relied on by you, or for any particular purpose.
(b) While we try to ensure that the information we post on the Website is correct, we do not warrant the accuracy, currency, completeness or usefulness of that information.
8. Exclusion and limitation of our liability
(a) You expressly agree that use of this Website is at your sole risk.
(b) We exclude all warranties and guarantees in connection with the Website and your use of it. For the avoidance of doubt, this exclusion includes an exclusion of:
(i) all conditions and warranties implied by custom, the general law or statute, and for loss or damage suffered by you in connection with:
(A) the use, inability to use or the results of use of the Website or of any websites linked to the Website or the material on such websites; or
(B) viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing or using the Website or any websites linked to the Website, or your downloading of any material from the Website or any websites linked to the Website; and
(ii) any loss, cost, expense, damages or liability, including but not limited to loss of data, loss of profits or any other direct, indirect, special or consequential loss or damage, whether arising from negligence, breach of contract or otherwise and whether foreseeable or not, suffered or incurred by you or any other person in connection with any of the matters or circumstances described in clause 8(b)(i),
except for any warranties or guarantees, or any such loss, cost, expense, damages or liability, which may not be excluded by force of the Competition and Consumer Act 2010 (Cth) or similar legislative provision.
(c) Our liability under any guarantee, condition or warranty implied or stipulated by the Competition and Consumer Act 2010 (Cth) or similar legislative provision which may not be excluded but which may be limited in any of the following ways, is limited at our option to:
(i) in the case of goods supplied by us:
(A) the replacement of goods or the supply of equivalent goods;
(B) the repair of goods; or
(C) the refund of the price paid by you for goods; or
(ii) in the case of services supplied by us (including the provision or as part of the Website):
(A) the supply by us of the services again; or
(B) the refund of the price paid by you for the services.
9. Release and indemnity
(a) release and forever discharge us and our officers, employees, agents and contractors from any and all claims, actions, disputes, demands, proceedings, accounts, interest, costs (whether or not the subject of a court order), expenses and liabilities of whatever nature and however arising which you may now have or at any time thereafter might have or, but for these terms and conditions, might have had against us or our officers, employees, agents or contractors arising out of or in any way connected with or incidental to the use or misuse of the Website (including in relation to any communication which you upload to the Website);
(b) covenant in favour of us and our officers, employees, agents and contractors not to bring or pursue, procure that a third party bring or pursue, provide financial support for or otherwise support any claim, action, dispute, demand or proceeding in any court or tribunal in respect of any matter which is the subject of a release under clause 9(a); and
(c) irrevocably indemnify us and our officers, employees, agents and contractors against any claim, liability, loss or expense arising out of or in any way connected with or incidental to:
(i) the use or misuse of the Website by you or your officers, employees, agents or contractors, or authorised, enabled or facilitated by you or your officers, employees, agents or contractors; and
(ii) any breach of any of these terms and conditions by you.
10. Website links
(a) Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed all of these third party websites and do not control, and are not responsible for, these websites or their content or availability. We therefore do not endorse or make any representations about them or any material found there or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
(b) You may not create links to the Website without our prior written consent.
11. Conflicts with other parts of Website
If there is any inconsistency or conflict between any of these terms and conditions and anything stated in any other part of the Website, unless expressly stated otherwise, these terms and conditions prevail to the extent of the inconsistency or conflict.
12. Unenforceable terms
If any provision of these terms and conditions is held by a court to be invalid or unenforceable, the invalidity or unenforceability will not affect the balance of these terms and conditions.
13. Governing law and jurisdiction
These terms and conditions are governed by the law in force in Victoria, Australia. We and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria, and any court that may hear appeals from any of those courts. You irrevocably waive any right you might have to claim that those courts are an inconvenient forum and any objection to the venue of any proceedings on the ground that they have been brought in an inconvenient forum.