Terms & Conditions

1. Membership Terms and Conditions

1.1 Membership entitlements

a. “Unlimited” memberships will provide unlimited access to timetabled group fitness classes and open floor time slots, subject to bookings and availability.

b. “Open Floor” memberships will provide access to open floor time slots only, subject to bookings and availability.

c. 10 session passes will provide access to any 10 group fitness or open floor sessions, with a pass expiry date of 3 months from the date of purchase.

d. Personal Training, private group sessions, and specialty programs (e.g. transformation challenges) are sold separately.

e. Any membership that is not fully utilised by the client is at the detriment of the client and no discounts or refunds will be provided.

f. The group fitness and open floor timetable, and the gym trading hours, are subject to change at the business owner’s discretion. These changes do not affect the validity of the membership or these terms and conditions.

g. Group Fitness classes require a minimum of 3 attendees in order to go ahead as scheduled. Where the minimum number is not met, a class will be cancelled and those affected will be notified via text message or email.

1.2 Membership periods

a. Members will commit to a 10 session pass valid for a 3 month period, an ongoing membership paid via weekly direct debit, or a package paid up front, in full, where applicable.

b. Ongoing memberships can be cancelled by submitting a request in writing two weeks prior to the cancellation date. Memberships cancelled without two week’s notice will be subject to a fee to the value of two weeks membership.

c. 10 sessions passes and membership packages not fully utilised will result in a forfeiture of any remaining sessions; no refunds will be provided.

d. Memberships may be put 'on hold'  in the case of injury or unavoidable absence. A request to put a membership "on hold" must be made in writing.

e. Memberships may be paused during any periods where the gym is closed for an extended timeframe, at the business owner’s discretion.

1.3 Payment terms and other fees

a. The cost of memberships is subject to change at the business owner’s discretion. Where prices are changed, any active memberships will remain at the original price for the remaining membership period, with any increases applicable from the time of renewal.

b. Should a direct debit payment fail, the failed amount and any applicable dishonour/bank fees must be paid before the member can book their next session. Should 2 or more direct debit payments fail consecutively, the membership will be placed on hold and the member will be invoiced for the outstanding amount plus any additional fees. 

c. Members who fail to cancel bookings online within the designated timeframe (3 hours prior to class start time) will be subject to a “no-show” or "late cancellation" fee, applied directly to the member account, or a forfeiture of one session from the 10 session pass. The cost of the fee may be subject to change at any time, at the business owner's discretion.

1.4 Business owner/trainer rights and responsibilities

a. The business owner/trainer may choose to waive or vary any or all of these terms and conditions at any time.

2. Personal Training Terms and Conditions

2.1 Entitlements

a. Personal training packages will include one or more one-on-one or partnered personal training sessions.

b. Personal training sessions will be either 30 minutes, 45minutes, or 60 minutes.

c. Group fitness classes and open floor sessions are not included in a personal training program.

d. Specialty programs (e.g. transformation challenges) are not included in personal training packages.

e. Any package that is not fully utilised by the client is at the detriment of the client and no discounts or refunds will be provided.

2.2 Package Periods

a. Clients will commit to an ongoing package paid via weekly direct debit, or a fixed-term package, paid upfront, in full where applicable.

b. Ongoing packages can be cancelled by submitting a request in writing.

c. Fixed-term packages cancelled prior to the package end date or not fully utilised will result in a forfeiture of any remaining sessions or fees; no refunds will be provided.

d. Personal training sessions may be rescheduled where the client has provided no less than 24hours notice. Sessions must be rescheduled within the same week, where possible.

e. Where a client fails to provide 24hours notice to cancel/reschedule a personal training session, the session will be forfeited at the cost of the client.

f. Packages may be put 'on hold' in the case of injury or unavoidable absence. A request to put a package "on hold" must be made in writing.

g. Packages may be paused during any periods where the gym is closed for an extended timeframe, at the business owner’s discretion.

2.3 Payment terms and other fees

a. The cost of packages is subject to change at the business owner’s discretion. Where prices are changed, any active memberships will remain at the original price for the remaining membership period, with any increases applicable from the time of renewal.

b. Should a direct debit payment fail, the failed amount and any applicable dishonour/bank fees must be paid before the client can book their next session. Should 2 or more direct debit payments fail consecutively, the package will be placed on hold and the client will be invoiced for the outstanding amount plus any additional fees. 

c. Where a client fails to provide 24hours notice to cancel/reschedule a personal training session, the session will be forfeited at the cost of the client.

2.4 Business owner/trainer rights and responsibilities

a. The business owner/trainer may choose to waive or vary any or all of these terms and conditions at any time.

3. Total Health Package Terms and Conditions

3.1 Entitlements

a. The “Total Health Package” will include one or more personal training session(s) and unlimited access to timetabled group fitness classes and open floor time slots, subject to bookings and availability.

b. Personal training sessions will be either 30 minutes, 45minutes, or 60 minutes.

c. Specialty programs (e.g. transformation challenges) are not included in Total Health Packages.

d. Any package that is not fully utilised by the client is at the detriment of the client and no discounts or refunds will be provided.

e. The group fitness and open floor timetable, and the gym trading hours, are subject to change at the business owner’s discretion. These changes do not affect the validity of the package or these terms and conditions.

f. Group Fitness classes require a minimum of 3 attendees in order to go ahead as scheduled. Where the minimum number is not met, a class will be cancelled and those booked in notified via text message or email.

3.2 Package Periods

a. Clients will commit to an ongoing package paid via weekly direct debit or a fixed-term package paid upfront, in full, where applicable.

b. Ongoing packages can be cancelled by submitting a request in writing two weeks prior to the cancellation date. Packages cancelled without two week’s notice will be subject to a fee to the value of two weeks package fees. Fixed-term packages that are not fully utilised will be forfeited; no refunds will be provided.

c. Personal training sessions may be rescheduled where the client has provided no less than 24hours notice. Sessions must be rescheduled within the same week, where possible.

d. Where a client fails to provide 24hours notice to cancel/reschedule a personal training session, the session will be forfeited at the cost of the client.

e. Packages may be put 'on hold' in the case of injury or unavoidable absence. A request to put a package "on hold" must be made in writing.

f. Packages may be paused during any periods where the gym is closed for an extended timeframe, at the business owner’s discretion.

3.3 Payment terms and other fees

a. The cost of packages is subject to change at the business owner’s discretion. Where prices are changed, any active memberships will remain at the original price for the remaining membership period, with any increases applicable from the time of renewal.

b. Should a direct debit payment fail, the failed amount and any applicable dishonour/bank fees must be paid before the client can book their next session. Should 2 or more direct debit payments fail consecutively, the package will be placed on hold and the client will be invoiced for the outstanding amount plus any additional fees. 

c. Members who fail to cancel class bookings online within the designated timeframe (3 hours prior to class start time) will be subject to a “no-show” fee of $14, applied directly to the member account.

3.4 Business owner/trainer rights and responsibilities

a. The business owner/trainer may choose to waive or vary any or all of these terms and conditions at any time. 

Gift Voucher Terms & Conditions

DEFINITIONS

ASIC Act means the Australian Securities & Investments Commission Act 2001 (Cth).

Australian Consumer Law means the law contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth).

Bonus Gift Card means a Physical Gift Card or an eGift Card supplied as part of a Temporary Marketing Promotion or Competition Prize from The Business.

Consumer has the meaning given in section 3 of the Australian Consumer Law.

Consumer Guarantees means the consumer guarantees contained in the Australian Consumer Law and Consumer Guarantee mean any one of them.

eGift Card means an electronic stored value gift card issued by The Business

Expiry Date in respect of:

(a) a Bonus Gift Card means the date occurring two (12) months after the date the Bonus Gift Card is first issued to a Consumer;

(b) any other Gift Card means the date occurring on the third anniversary of the date the Gift Card is first issued to a Consumer.

Gift Card means a Physical Gift Card or an eGift Card or a Bonus Gift Card.

Holder in respect of a Gift Card means the person who is the owner of the bundle of rights attaching to that Gift Card free from all encumbrances.

Issuer means FitLife AU, ABN: 99 696 565 839.

Major Failure has the meaning given to that term in the Australian Consumer Law.

Personal Information has the meaning given to that term in the Privacy Act.

Physical Gift Card means a physical gift card issued by the Issuer

Privacy Act means the Privacy Act 1988 (Cth).

Regulations means the Competition and Consumer Regulations 2010 (Cth).

Terms and Conditions means these terms and conditions.

Temporary Marketing Promotion means a temporary marketing promotion for the purposes of paragraph 89C(2)(a) of the Regulations.

“Us”, “We”, “Our”, “the Business” or “the Owner” refers to FitLife AU, and includes any employees, affiliates, agents or other representatives of FitLife AU, ABN: 99 696 565 839.

 You or Your means a reference to the person who is the purchaser of the Gift Card or is in possession of the Gift Card at the relevant time for purposes of these Terms and Conditions, or who authorises another person to do something with or to the Gift Card on their behalf.

1. These Terms and Conditions

1.1      You agree to these Terms and Conditions when you purchase, activate, acquire or attempt to utilise a Gift Card.

1.2      You warrant to the Issuer that you will comply with these Terms and Conditions and all applicable laws.

1.3      The Issuer may amend these Terms and Conditions at any time in the following circumstances:

1.3.1           to add or remove goods or services which may be purchased utilising the unused value of a Gift Card;

1.3.2           to comply with any applicable law or regulation, or binding judgment, order, standard or determination of any court, tribunal or government or quasi-government agency or body;

1.3.3           for administrative or operational reasons, or to prevent the occurrence of fraud or other unlawful, damaging or unacceptable conduct;

1.3.4           where acting reasonably the Issuer considers the change will not be materially detrimental to you.

1.4      Changes to these Terms and Conditions will be made available at the website identified in clause 3.4 below.

1.5      These Terms and Conditions are governed by and construed in accordance with the laws and Courts of New South Wales.

1.6      Where you purchase a Gift Card as a personal or business gift, or for other business uses approved by the Issuer, you must ensure that each Holder is made aware of these Terms and Conditions, including the Expiry Date of the Gift Card.

2. Purchase of Gift Card

2.1      The Issuer issues each Gift Card.

2.3      A Gift Card may be purchased for a dollar amount or for a specific product, service, or package

2.3      Corporate Purchases: A Physical Gift Card and an eGift Card may be purchased from the Issuer directly by contacting the Issuer by email at hello@fitlifeau.com.au

3. Using a Gift Card

3.1      A Gift Card has no value unless payment has been made to the Issuer for the Gift Card.

3.2      A Gift Card cannot be utilised to purchase goods and services online

3.3      A Gift Card showing specific product, service or package can only be redeemed for the product, service or package shown on the Gift Card

3.4      If the Holder redeems a Gift Card purchased for specific product, service, or package, and tenders the activated Gift Card to the Business:

3.4.1           the Business will accept the activated Gift Card as payment of the specified product, service, or package in its entirety, and

3.4.2           the Gift Card will be considered used in full, and its associated Terms & Conditions will no longer be applicable

3.5      The dollar amount of the unused value of an activated dollar-value Gift Card as identified on the Gift Card may only be applied in whole or part payment of the purchase price payable by the Holder to the Business

3.6      If the Holder agrees to purchase goods or services, or both, from the Business and the Holder tenders an activated Gift Card to the Business:

3.6.1           the Business will accept the amount of the unused value of the activated dollar-value Gift Card towards the price payable by the Holder for the purchase of the goods or services, or both, by the Holder from the Business; and

3.6.2           the unused value of the activated dollar-value Gift Card will be reduced by an amount equivalent to the price payable by the Holder to the Business for the purchase of the goods or services, or both, by the Holder from the Business; and

3.6.3           if the price payable by the Holder to the Business for the purchase of the goods or services, or both, by the Holder from the Business exceeds the amount of the unused value of the activated Gift Card, the Holder must pay the difference to the Business for the goods or services, or both, using another payment method; or

3.6.4           if there is any unused value remaining on the activated Gift Card following the purchase of the goods or services, or both, by the Holder from the Business, no change will be given to the Holder and any remaining unused value on the activated Gift Card may only be utilised towards a future purchase of goods or services, or both, from the Business until there is no amount of unused value remaining on the activated Gift Card, or the occurrence of the Expiry Date, whichever first occurs.

4. Expiry Date

4.1      A Gift Card expires on the Expiry Date of that Gift Card. Immediately following the Expiry Date of a Gift Card:

4.1.1           the obligations of the Issuer in respect of that Gift Card are forever discharged, released, extinguished and no longer capable of being enforced; and

4.1.2           the Issuer will have no further obligations in respect of that Gift Card; and

4.1.3           any unused value remaining on that Gift Card will not be able to be utilised by the Holder or anyone else.

4.2      You need to use all of the unused value on a Gift Card before the Expiry Date of that Gift Card.

4.3      A Bonus Gift Card has an Expiry Date which is only two (12) months after the date the Bonus Gift Card is first issued to a Consumer.

5. Temporary Marketing Promotions

5.1    From time to time, a Bonus Gift Card may be supplied as part of a Temporary Marketing Promotion or as a Competition Prize to a Consumer where the Consumer meets the eligibility requirements of the Temporary Marketing Promotion, or is announced as the Prize Winner.  

6. Exclusions

6.1    If a Gift Card is altered or defaced or used as an element of any fraudulent or illegal activity, the amount of the unused value of that Gift Card shall be immediately reduced to nil, and incapable of use by any Holder.   

6.2    A person who wishes to use a Gift Card must provide evidence to the reasonable satisfaction of the Issuer that the person is the Holder.  If the person is unable to provide evidence to reasonable satisfaction of the Issuer that the person is the Holder, the Issuer will have no obligation to that person in respect of the Gift Card unless and until that person provides that evidence to the reasonable satisfaction of the Issuer.

6.3    A Gift Card cannot be utilised:

6.3.1           by email, phone or facsimile;

6.3.2           to repay outstanding indebtedness of the Holder or any other person, to the Business; or

6.3.3           to pay a deposit to the Business.

6.4    A Gift Card cannot be reloaded, used for cash advances or to obtain cash.

6.5    A Gift Card cannot be used to purchase another Gift Card.

6.6    A Gift Card cannot be exchanged or refunded.

6.7    A Gift Card, at all times, remains the property of the Issuer, and must not be resold by a person, without the express prior written consent of the Issuer.

7. Lost and Stolen Gift Cards

7.1     A Holder is responsible for the safety of a Gift Card and a lost, stolen, altered or defaced Gift Card will not be reissued, refunded or honoured.

7.2     To the extent permitted by law and subject to clause 9.2, a Gift Card will not be reissued unless:

7.2.1      the Holder proves to the reasonable satisfaction of the Issuer that the Gift Card is faulty or damaged due to the fault of the Issuer; or

7.2.2      the Issuer has acted in breach of any condition or warranty under the ASIC Act or any other applicable laws.

8. Liability

8.1     A Holder is responsible for the use and safety of a Gift Card and all transactions involving a Gift Card at all times.

8.2     A Gift Card comes with statutory Consumer Guarantees that cannot be excluded under the Australian Consumer Law.  If a Gift Card suffers a Major Failure the Holder is entitled to a replacement or refund of the Gift Card for that Major Failure and claim compensation for any other reasonably foreseeable loss or damage suffered as a result of that Major Failure.  The Holder is also entitled to have the Gift Card repaired or replaced if the Gift Card fails to be of acceptable quality and the failure does not amount to a Major Failure.

8.3     To the extent permitted by law, the Issuer is not liable to any person for any loss or damage (including direct, indirect or consequential loss) arising out of any use or attempted use of a Gift Card.  The Issuer will not be in default of these Terms and Conditions for failure to observe or perform any obligations under these Terms and Conditions for any reason or cause which could not, with reasonable diligence, be controlled or prevented.  Nothing in these Terms and Conditions is intended to exclude or modify any non-excludable statutory rights under the Australian Consumer Law the ASIC Act or any other applicable laws.

9. Promotion Activities

9.1  The Holder must not use a Gift Card in connection with any marketing, promotion or advertising activities without the prior express written consent of the Issuer.

9.2  A Gift Card may not be used in a manner that implies that a person, business, product or service is endorsed or sponsored by or affiliated with the Issuer

10. Privacy

10.1  A person claiming to be a Holder must provide proof of identity to the reasonable satisfaction of the Issuer.

10.2  The privacy policy applicable to the Issuer specifies how the Issuer will handle your Personal Information and other information required to be disclosed to you under the Privacy Act. The privacy policy applicable to the Issuer is available online at www.fitlifeau.com.au. You consent to the collection and use of Personal Information by the Issuer in accordance with the privacy policy applicable to the Issuer, including for the purpose of identification.

11. Enquiries and Complaints

11.1  A complaint or enquiry about a Gift Card should be directed to the Issuer at the email address set out in clause 2.2 above.

11.2  A complaint or enquiry about the quality or nature of goods or services, or both, purchased by a person from the Business should be directed to the Business

Gift Card Terms of Use Version 1.1 November 2022