The studio will not be responsible for any loss, theft, damage, or injury to you and those in your care and minors accompanied by you which arises from the negligence of its officers, servants, agents, independent contractors, voluntary workers, other users of the facility or participants in activities or spectators or other parties providing services through or in the facilities of the studio.
All memberships may be cancelled by providing 4 weeks written notice to the Studio. If a membership minimum term has not been reached, a $550 cancellation fee applies unless; your membership is transferred to another person who is not a member (a $59 transfer fee applies to the new member). You move more than 50kms away from the studio. Valid proof is required to cancel the membership. You die or become permanently disabled or seriously ill in such a way that you are unable to use the studio within the next 12 months. The studio will need to see reasonable evidence in writing from the acting specialist doctor.
Clothing Attire & Culture
The studio requires you to wear the appropriate clothing whilst on the premises of the studio. Covered appropriate footwear is required for all Resistance Training & Cycle sessions, Grip Socks are required for all Pilates Reformer Classes. All members are to use a towel and wipe down the equipment after use.
The studio takes every care to ensure our equipment is wiped down with appropriate disinfectant. Our sessions have a 15 minute window between to allow you time with minimum human cross over – this a necessary for parking as well.
Class Bookings, Cancellation & Attendance
Members are responsible for their own bookings. Numbers are strictly limited for each session. Class cancellations must be made with 8 hours’ notice to avoid a late cancellation fee. Class cancellations MUST be made through MindBody – no email, sms or phone cancellations are able to be taken. Late cancellation/No Show fee is $35 (ex GST) and will be charged to your account. Any queries regarding this must be made in writing (email@example.com
Complete Agreement & Severability
The terms on both sides of this Agreement constitute the full agreement between you and us, and no verbal promises are made part of it. If any part of this Agreement is declared invalid by law, neither you nor we will lose any rights contained in the remaining provisions of this agreement.
Direct Debit Request
Any query relating to a debit item should be referred to Spiritual Athletica in the first instance. It is your responsibility to have sufficient funds available in the relevant account by the due date to permit a direct debit in accordance with the terms of this enrolment agreement. When a drawing arrangement is returned unpaid by your nominated Financial Institution, we will redraw in 3 days the outstanding amount, including a $15 fee for the failed payment. It is your responsibility to tell us if the account is closed or transferred. It is your responsibility to pay any bank fees, dishonour fees, or failed payment fees incurred as a result of failed drawing arrangement. A $15 fee administration fee will be charged with the next debit for all failed payments by Spiritual Athletica.
All members are required to put their equipment away and wipe down machines after use. Memberships are for the individual only and cannot be transferred to another person unless approved by Spiritual Athletica. Management reserves the right to refuse entry, cancel a membership or ask a guest to leave if they are not behaving in a responsible manner, are inappropriately threatening, or harassing another member, instructor, or staff member, damaging equipment or facilities, if they are aggressive or under the influence of drugs/alcohol. In this instance, we will not be required to refund any monies paid or any proportion of the membership.
Dues represent the cost of having use of the Studio Classes available to you for that period. If you fail to use your membership and do no use our programs and facilities, you are not relieved of your payment obligation, regardless of the circumstances, except as provide for in this agreement. The nominated membership rate will apply unless the studio provides you with a minimum of 60 days written notice of fee changes.
We reserve the right to add or delete services, classes and amenities as reasonably warranted. Timetables, operating hours, and other events may be seasonal and change. Classes may be cancelled at late notice due to instructor unavailability or low bookings.
One week minimum, eight weeks maximum – cost is direct debited at $10 a week. Suspension must be done in writing (email or form at studio) & written confirmation will be received. Membership suspension cannot be back dated. Your minimum agreed term will be extended by an equivalent period to the period your membership is suspended extending your contract time.
Waiver and Release
During all such times that you are on Spiritual Athletica premises both your property and your person shall be at your own risk and you will not hold Spiritual Athletica or its staff liable for any personal injury or loss of property whether caused by the negligence of Spiritual Athletica, its servants, or agents. If you are aware of any personal health problems, we urge you to see your doctor before using our facilities. We also strongly advise you not to bring valuables to Spiritual Athletica. You hereby indemnify and shall keep indemnified Spiritual Athletica from any liability for all actions, suits, claims, accounts and demand for any personal injury or loss of property arising in any way connected with your use of the facilities (in such claims) including any such claims caused or contributed to by the negligence of Spiritual Athletica, its servants, or agents. You provide the aforementioned indemnity with the knowledge of and in recognition of the possibility of injury or other dangers connected with any form of physical activity including activity usually undertaken in Health and Fitness Studios.
During the process of entering into the Contract with you and during the term of the contract we will obtain access to certain types of your personal information, such as information relating to your health and financial position. We will only use, and the Direct debit service provider will only use, disclose, or deal with such information in accordance with our privacy statement. A full copy of our privacy statement is shown on our website.
Please take the times to read the Terms and conditions carefully to ensure you understand all relevant details. We have seven (7) days after the formation of the Contract to rectify and error or miscalculation provided in the Membership Application. You, as the member, have a seven (7) Day Cooling Off Period whereby you may cancel the Contract by written notice to us. Fees paid during Cooling Off Period are non-refundable.
Purchase Policy 10, 20 & 40 Class Packs.
10 Class Pack expiry of 3 months from first class, 20 Class Pack expiry is 6 months from first class, 40 Class Pack expiry is 12 months from first class. No refunds, no extensions.
Cancellation Policy All Classes
Early cancellations of more than 8 hours before booked class enables your position to become available to other clients & therefore has no consequence.
Late Cancellation is if less than 8hrs notice is given:
- ACTIVE Membership, Class Packs or Casual Sessions will forfeit that session. One class will be deducted from their current package.
- Those on VIP Membership will incur a late cancellation/no show fee of $35 (ex GST) per class which will be charged to your nominated credit card.
Class cancellations MUST be made through MindBody – no email, sms or phone cancellations are able to be taken. Any queries regarding this must be made in writing (firstname.lastname@example.org).
All memberships may be cancelled by providing 4 weeks written notice to the Studio. If a membership minimum term has not been reached, a $550 cancellation fee applies unless; your membership is transferred to another person who is not a member (a $59 transfer fee applies to the new member). You move more than 50kms away from the studio> Valid proof is required to cancel the membership. You die or become permanently disabled or seriously ill in such a way that you are unable to use the studio within the next 12 months. The studio will need to see reasonable evidence in writing from the acting specialist doctor.
Direct Debit Payments
Memberships are debited by Ezidebit on behalf of Spiritual Athletica. Ezidebit may appear on your bank account. A $11.90 failed payment fee will be debited with the next payment of each payment that does not clear on the due date. Direct debit is just a payment plan and membership cannot be stopped before the agreed minimum tern is reached unless the cancellation fee is paid. If an automatic debit arrangement is in place, membership dues will continue to be debited from your credit card or account until you or Spiritual Athletica cancels the arrangement by notifying your bank or credit provider. It is your responsibility to cancel the automatic debit arrangement upon expiry or termination of the contract. If you terminate the contract or stop the automatic debit arrangement in a manner not described in this contact, then you may be liable to the Fitness Business for damages for breach of contract.
All payments incur GST.
Liability Waiver Acknowledgement of Risks, Injury and Obligations
I acknowledge that the activities I am to undertake have potential dangers, and by participating in them I am exposed to certain risks. I acknowledge and understand that whilst participating in any such activities:
- Any physical conditions I may have, of which I may or may not be aware, or may or may not have disclosed to the centre or its staff, may be aggravated or worsened by my participation.
- My personal property may be lost or damaged.
- Other persons participating in such activities may cause me injury or may damage my property.
- I may cause injury to other persons or damage their property.
- The conditions in which activities are conducted may vary without warning.
- I may be physically or mentally injured, die, or suffer damage to my property as a result of the negligence or breach of contract of the fitness centre operator, its servants or agents.
- There may be inadequate facilities for treatment, or transport to treatment, if I am injured.
- I assume the risk of, and the responsibility for, any injury, illness, death or property damage resulting from my participation.
Release and Indemnity to Spiritual Athletica
In consideration of the acceptance of my payment (or guest status) for participating in any activity (and except to the extent that the centre may be precluded by statute), I agree to release and indemnify the Fitness Centre operator and staff as follows:
- I participate in the activities at my sole risk and responsibility.
- I release, indemnify and hold harmless the Fitness Centre operator, its servants and agents, from and against all and any actions or claims which may be made by me or on my behalf or by other parties for or in respect of arising out of any injury, loss, damage or death caused to me or my property whether by negligence, breach of contract or in any way.
I also agree that if I am injured or my property is lost or damaged, I will bring no claim, legal or otherwise, against the Fitness Centre operator or its servants and agents, in respect of that injury, loss or damage. Before signing this document, I have read and understood it, and know how it affects my legal rights.