Membership Terms & Conditions
Effective Date: 1 August 2020
These Membership Terms & Conditions (“Terms”) set forth your use of the services and facilities (“Services”) provided by Radley Holdings Pty Ltd ACN 070 636 010 as trustee for the Radley Family Trust trading as Sweaty AF, ABN 65 822 416 634 (“Sweaty AF”, “us”, “we” or “our).
You must accept these Terms prior to being able to access the Services.
INCORPORATED POLICIES/DOCUMENTS
The following documents are incorporated into and form part of these Terms:
1. OUR PRIVACY POLICY – which can be accessed here https://sweatyaf.com.au/wp-content/uploads/2020/08/Privacy-Policy.pdf
2. OUR CONDITIONS OF ENTRY – which can be accessed here https://sweatyaf.com.au/wp-content/uploads/2020/08/Conditions-of-Entry.pdf
3. WAIVER OF LIABILITY – which can be accessed here https://sweatyaf.com.au/wp-content/uploads/2020/08/Waiver.pdf
MEMBERSHIP
Your membership entitles you to attend group fitness classes provided by us. Further details about our classes and training style is available at our website www.sweatyaf.com.au
Your membership is unique to you and cannot be transferred or shared with others.
Your membership continues on an ongoing basis until cancelled by you by first providing us with 14 days written notice of cancellation.
FEES
You acknowledge that we charge fees for the Services, and we reserve the right to change our fees from time to time in our discretion. We will provide you with 14 days’ written notice of any increase to the fees. If we terminate your agreement because you have breached these Terms, you may not be entitled to a refund of any unused portion of any fees paid.
We accept payment by weekly direct debit from your nominated bank account or credit card.
DIRECT DEBIT
Payment processing services are provided by Stripe Payments Australia Pty Ltd ACN 160 180 343 (“Stripe”) through our software provider Glofox. The transactions processed through Stripe are governed by the Stripe Connect Account Agreement (https://stripe.com/au/connect-account/legal) and the Stripe Services Agreement (https://stripe.com/au/ssa).
OTHER FEES
In addition to the fees for our Services, you also agree to pay the following:
• any chargebacks imposed on you or your account by Stripe;
• any taxes, fees or other amounts imposed by a government agency (such as Goods and Services Tax);
• any other amounts imposed by Stripe in connection with any processed transaction (such as failed transaction fees, merchant and/or credit card fees); and
• any costs we incur in relation to recovering any debts you may owe us from time to time.
MEDICAL ASSESSMENT QUESTIONNAIRE
You acknowledge that you will be required to complete a medical assessment questionnaire before using any of our Services.
If upon completion of the questionnaire we determine that you cannot use the Services without first obtaining a medical clearance, we will refund to you any fees you have paid.
It is your responsibility not to use any equipment which may adversely affect any medical condition that you may have.
It is your sole responsibility to advise us of any changes to your health (physical or mental) which may affect your ability to use our Services, including advising us promptly of any injuries
We reserve the right to restrict, suspend or terminate your membership if we are of the reasonable opinion that you are unfit to utilise the studio. If your membership is restricted or suspended for this reason, your membership will not be reinstated until you provide us with a medical certificate confirming that you are fit to train.
VIDEO AND SURVEILLANCE
As specified in our Conditions of Entry, we reiterate that we may use CCTV technology to take images or video of our studio and its surrounds. You expressly agree to allow your image to be taken.
RISK WARNING
In addition to the statements set out in our Waiver of Liability, we want to reiterate that whilst in our studio and using our Services, you are at risk of suffering harm or injury including broken bones, soft tissue injuries, joint injuries, permanent disability or death. These injuries may occur from incidents including but not limited to the following:
• slipping on wet flooring; § being struck by weights or other equipment;
• colliding with equipment, or other members or staff;
• engaging in strenuous exercise and activities; or
• incorrect use of equipment or our studio.
You acknowledge and agree that the above mentioned injuries and potential causes of injuries are not exhaustive, and there are other unknown or anticipated risks that may result in injury, illness or death.
You acknowledge that whilst every attempt is made to ensure that the recreational services and facilities provided by us are safe, there are some significant and inherent risks involved, and you agree that you are participating voluntarily at your own risk and responsibility, thereby exposing yourself to certain risks.
INDEMNITY
You agree to indemnify us to the full extent needed from any and all third party claims, liabilities, costs, expenses including solicitor/client costs (“Costs”) on an indemnity basis, that we may incur or suffer from:
a) your breach of any of the Terms;
b) your negligence;
c) and/or any facilitation or support by you of a third party causing any loss or damage to us.
GOVERNING LAW
These Terms are governed by the laws of Victoria, Australia and you agree to the nonexclusive jurisdiction of the Courts of that jurisdiction and any appeals from those Courts.