General Terms
The Agreement is made up of these terms and all policies and rules of FitTech Studios Australia. You must ensure that you read, understand, and abide by the Agreement. All members must be a minimum of 14 years of age. Members under 18 years of age must have a parent or guardian co-sign the membership form before their application will be approved. Members under 16 must be accompanied by either a personal trainer, guardian or parent when inside the facility. FitTech Studios members shall have access to the Facilities during opening hours only.
Your membership is subject to a 48 hour cooling-off period which is taken to start, either:
(i) from the date that you entered into your membership, if your membership relates to one of our fitness centres that was open at the time you became a member;
(ii) from the date that the fitness centre opens, if your membership relates to a fitness centre that was not open at the time you entered into your membership
Membership Rights
Your membership entitles you to use the facility of the FitTech Studios branch that you have signed up with, unless otherwise stated in your membership type (eg home version use only or interstate facilities). Your membership commences on the date that is set out on your membership form.
Free Trial
If applicable, in the event you book a free trial, this is with no obligation or expectation to become a member, or enter into a Membership Agreement. Free trial period is only one Electrical Muscle Stimulation (EMS) session unless otherwise specified as part of a special offer from FitTech Studios or one of its representatives. FitTech Studios reserve the right to change the conditions of the free trials on offer.
Booking of Classes
You must book your classes to be able to attend via the FitTech Studios mobile app or website. You can book your classes up until 1 hour before the class start in order to allow the trainer to prepare for the session. You will be using your credits that are set out as part of your membership for booking the classes. You need to be at the gym at least 5 minutes before the class in order to have time for the trainer to assign you a suit, put it on and start the warm up.
Session starts on time, if you are not in the session with a suit on by 10 minutes past the scheduled start time of the session you will not be able to join the session using the suit. You will be able to join the session but there will be no Electrical Muscle Stimulation included.
Lunch time sessions start strictly on time. Please give your best effort to assist us in this event.
Cancellation
Using the FitTech Studios booking app/website you will be able to cancel the session and reschedule as required.
You will only be able to reschedule the session 4 hours before the start of the session. After that cut off period you will not be able to cancel or reschedule the session. If you do not attend the session and there was a valid reason for it your credit can be reimbursed however you must notify us (email, phone, sms) before the session and not after the session. If a notification is sent after the session credits will not the reimbursed.
Reimbursement of credits
If you do not attend the class and do not notify us of any valid reason why you were not able to attend before the session, we will not be able to return the credit back to you.
Valid Reasons for reimbursement:
- Sickness / Medical emergency
- Family Emergency
Suspension/Freezing of your membership
You can let us know in writing to have your membership suspended during which time you are not able to use FitTech Studios operation facilities. You must provide written notice seven days prior to the date in which you would like the suspended period to commence. The minimum period you can freeze your membership for is two weeks. You may suspend your membership for up to 4 weeks per year. You are required to pay an administration fee of $5 for each week that your membership is frozen outside the 4 weeks.
Memberships Termination by You
If you decide to terminate your membership you must notify the studio in writing 14 days before the termination period by email/SMS channels to either info@fittechstudios.com.au or 0483 907 945. The 14 days start from the day of the receipt of your email/notification. Acknowledgement will be given by email in writing.
If you need to honour the terms of a contract cancellation fees might be applicable.
Membership Termination by FitTech Studios
FitTech Studios may terminate your membership by giving notice by email or writing to your details FitTech Studios holds on record if:
a) Any part of your membership dues remain unpaid 28 days after falling due; or
b) You breach our membership terms or club rules.
c) Providing us knowingly with false details.
We may cancel your membership without any warning or notice for serious inappropriate behaviour that is threatening or harassing, and includes damaging equipment in the club and perceived risks, including but not limited to, the use of illegal or performance enhancing drugs.You are liable for all financial obligations until the date of termination, whether it be by notice or immediate.
Debt
In the event that your membership payment fails, the payment provider that FitTech Studios uses will charge a dishonour fee of $12 per failed transaction. In the event that you have 3 payments outstanding FitTech Studios operations policy is to pass your account onto a debt collection agency, which will be put on your credit records and may affect your credit rating.This will also incur a $50 debt collection-processing fee.
Refusal of Entry
We reserve the right to refuse entry to any person, including members with a reasonable explanation. (eg due to inappropriate behaviour, attendance under the influence)
Fees and invoicing
You agree to pay the fees as set out in the payment schedule and be bound by the direct debit/credit terms and conditions set out in the Payment Authority Form.
You may not seek any reduction in your membership fees because of closure on a public holiday. FitTech Studios reserves the right, at any time, to change the fees charged to members for the rights under the Agreement. FitTech Studios agrees to use reasonable endeavours to provide you with written notice of the changes. The changes will take effect 30 days after the notice is deemed to have been received by you. We deem receipt to have occurred two business days after the notice was posted by mail or the following day if it was sent via email. At the end of the 30 day period, you authorise FitTech Studios and/or the direct debit/credit company to debit the new amount to your account. If any amount payable for your membership is not paid on the due date, access to the club will be suspended until such time as payments are up to date (late fees and recovery costs may be charged). You will be responsible for any fees and charges for each unsuccessful debit in addition to any financial institution charges and collection fees, including and not limited to any solicitor fees and collection agent fees appointed by FitTech Studios.
You acknowledge and agree that we have a right to increase your membership dues after 6 months from your membership commencement, to a maximum of the rise of the consumer price index from the previous year (as measured by the Australian Bureau of Statistics) plus 3.0%.
Your health
By signing this Agreement you represent that you are in good physical condition and have no reason or impairment that might prevent you from using the equipment at the club. You repeat this representation each time that you use our facilities. If your conditions have changed you must advise our team before you start your training session. FitTech Studios operations staffs are not medically trained and cannot assess whether you are in good physical condition. We strongly advise you take expert advice prior to commencing your membership or prior to commencing a new exercise program. Please monitor your physical condition at all times and exercise to a level that is appropriate to your health and any medical advice you have obtained. You shall not use the club facilities whilst suffering from any infections or contagious illness, disease or other ailment or whilst suffering from any physical ailment such as open cuts or sores or minor infections where there is a risk, however small, to other members. You must notify the club in writing if you find out that you are suffering from any of the conditions mentioned above.
Safety Warning
We give you warning that whilst on our premises you may suffer injuries including broken bones, soft tissue injuries and joint injuries. These injuries which occur on FitTech Studios operations premises, or in the course of FitTech Studios operations providing any services under this agreement, include the following types of injuries: injuries that may occur as a result of you slipping on wet flooring, weights striking you, collisions with other members or injuries relating to or caused by equipment. You use the facilities at your own risk. You release, to the fullest extent permitted by law, FitTech Studios operations against and from all expenses, damages, costs, liabilities, claims, actions, proceeding, judgements and losses of any kind whatsoever arising out of, caused by, attributable to or resulting from any accident, damage, loss, damage to property, injury or death to any person.
Liability Release (NSW Only)
WARNING UNDER THE FAIR TRADING ACT 1999 Under the provisions of the Fair Trading Act 1999 several conditions are implied into contracts for the supply of certain goods and services. These conditions mean that the supplier named on the this form is required to ensure that the recreational services it supplies to you are:
– rendered with due care and skill; and – as fit for the purpose for which they are commonly bought as it is reasonable to expect in the circumstances; and
– reasonably fit for any particular purpose or might reasonably be expected to achieve any result you have made known to the supplier .
Under section 32N of the Fair Trading Act 1999 (NSW), the supplier is entitled to ask you to agree that these conditions do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Fair Trading Act 1999 if you are killed or injured because the services were not rendered with due care and skill or they were not reasonably fit for the purpose, are excluded, restricted or modified in the way set out in this form.
NOTE: The change to your rights as set out in this form does not apply if your death or injury is due to the gross negligence on the supplier part. Gross negligence is defined in the Fair Trading (Recreational Services) Regulations 2004 (NSW) Liability Release (All other states) In consideration of FitTech Studios operations accepting your application for membership, and you becoming a Member, you agree that FitTech Studios and their servants or agents shall not be liable for any death or personal injury occurring upon any Club premises or as a result of the use of facilities and/ or equipment provided by FitTech Studios, except to the extent that such death or personal injury arises from the gross negligence of FitTech Studios.
Equipment (including EMS suits)
You understand and acknowledge that FitTech Studios operations purchases or leases the equipment from a third party and therefore does not manufacture any of the fitness or other equipment used in the Clubs. FitTech Studios can not be held liable for defective products or equipment, except to the extent to which the law holds them liable. We do our best to make sure that the EMS system in use is in the best condition possible , however due to the suits being of shared use in some circumstances there might be a case when a part might not be working. If majority of the EMS suit is not working you are entitled to request for the suit to be changed or refund of an EMS session applied.
Privacy Statement
In processing your membership and throughout your membership period we obtain personal information about you. FitTech Studios will only use, disclose or deal with such information to the extent specifically required by law or for the purposes of this Agreement and/or your membership. Your details will not be shared with any other organisations other then those used to service our business.
Information about products and services
It is very important to us that we provide you with the highest level of service. In order to help us do this, where you have agreed to receive such information, from time to time we may send you details of products and services that may be of interest to you via email or post. This is only if you opt to receive this information, via informed consent or via demonstrating a legitimate interest in our studio or services, either directly or following a referral.
Social Media
We operate a ‘no phones’ policy on the studio floor during sessions. Leave your phones in your bag or designated holding spot and enjoy your session. However we do encourage you to take photos and celebrate your progress after sessions. We do occasionally arrange filming or photographs for use on our Social Media or other FitTech studios communications. All due care will be taken to ensure that no one appears in filming or content created by us without expressing consent to be included. If you find you do appear in error, and would like an image or video to be removed from our Social Media channels or communication please email us at info@fittechstudios.com.au
Video Surveillance
Fittech Studios is committed to protecting the privacy and security of members, participants and visitors. FitTech Studios undertakes an ongoing video recording in accordance with the Australian Privacy Principles guidelines with the purpose of security and safety. These recordings can only be accessed by an authorised FitTech representative. If required, specific incidents captured on any video recordings by FitTech Studio surveillance, may be released to the NSW Police Service if subject to a warrant, other legal processes and approval of FitTech Studio Directors.
If a member or participant requests access to any video content, their request must be made in writing to FitTech Studios, which must include the time and date of the recording, along with a reasonable request for the recording. If there is a reason for FitTech Studios not providing you with access to such a recording then you will be provided with a written explanation.
Liability for Property
You agree that FitTech Studios and their servants and agents are not liable to you for any personal property that is damaged, lost, or stolen while in or around the Clubs, including, but not limited to property left in lockers, except where caused by the gross negligence of FitTech Studios. If you cause damage to the Club or any equipment you are liable to FitTech Studios for its cost of repair or replacement.
Other Services (Implied Warranty under s 74 of Trade Practices Act 1974) In the provision of services, other than recreational services, FitTech Studios will use due care and skill and any materials supplied in the connection with those services will be reasonably fit for the purpose for which they are supplied.
By actioning the Agreement you consent to us using your image in any promotion or other material in relation to the business. This is only applicable if you happen to be filmed in the background of a shoot organised for FitTech Studios.
Video Surveillance
For security purposes, FitTech Studios operations uses video surveillance equipment to monitor the floor area of the studio and around the studio. By actioning this Agreement you acknowledge that you will be subject to video surveillance and recording within the floor area of the Clubs.
Change of Details
You must notify us in writing if there are any changes to your details which are relevant to your membership. If you fail to provide us with current contact details, notice given by us to the address we have on record will constitute valid notice to you under these Terms.
Entire Agreement and Enforcement
This document contains the entire agreement between you and FitTech Studios and replaces any oral or other written agreement. Any manual or hand written changes to this agreement are not valid. If part or all of any provision of this Agreement is illegal or unenforceable, it may be severed from this Agreement and the provisions that remain will continue in force. If FitTech Studios does not enforce any rights in this agreement for any reason, FitTech Studios does not waive its right to enforce it later. By actioning this Agreement you agree to be bound by its terms.
Complaints handling and feedback
Please submit any complaints via email to info@fittechstudios.com.au Please include all detail relating to your complaint. We will do all that is reasonably and practicably possible to assess the merits of the complaint and respond within a reasonable time frame. Feedback on trainers is encouraged and will be acted upon within a reasonable time frame.
Scheduling
Scheduling of trainers is up to availability, and discretion of management, and can change at any point of time, with or without written notice.
Definitions
Administration Fee is the fee FitTech Studios will charge clients should clients cancel their membership during the 48 hours cooling off period.
Agreement means the membership agreement between you and FitTech Studios.
Disease includes any physical or mental ailment, disorder or morbid condition, whether of sudden onset or gradual development and whether of genetic or other origin.
Gross Negligence in relation to an act or omission, means that the act was done or omitted to be done with reckless disregard, with or without consciousness, for the consequences of the act or omission.
Home club is the club which you joined.
Injury means any physical or mental injury.
Personal injury means:
(a) an injury of an individual (including the aggravation, acceleration or recurrence of an injury of the individual); or
(b) the contraction, aggravation, acceleration, or recurrence of a disease of an individual; or
(c) 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 in relation to an individual that is or may be harmful or disadvantageous to, or result in harm or disadvantage to:
(i) the individual; or
(ii) the community.
Recreational Activities means your participation in a sporting activity or leisure time pursuit or your participation in any other activity that involves a significant degree of physical exertion or physical risk and is undertaken for the purposes of recreation, enjoyment or leisure. Recreational Services means services that consist of participation in:
(a) a sporting activity or a similar leisure-time pursuit; or
(b) any other activity that:
(i) involves a significant degree of physical exertion or physical risk; and
(ii) is undertaken for the purposes of recreation, enjoyment or leisure.
FitTech Studios means: The Entity which owns and operates FitTech Studios operations and includes its heirs, estates, agents, representatives,officers, directors, shareholders, successors, affiliates, subsidiaries and employees.
You means: the person described in this Agreement who is applying for a membership of FitTech Studios Membership Agreement.