Terms, Conditions & Studio Etiquette
Welcome to DEFY GRAVITY FITNESS. We are a boutique Bungee & Suspension based fitness studio providing its members with the best low-impact, high-intensity body transforming work-out around. To ensure that Defy Gravity is able to provide a safe and comfortable environment for all members and staff, please assist us by ensuring that you comply with the following conditions. We advise you to only sign the membership agreement if you understand and agree with these conditions. The information outlined in these terms and conditions can / will be used in the event of a discrepancy.
STUDIO TERMS AND CONDITIONS
By booking and/or paying to participate in our classes, you agree to be bound by our Terms and Conditions set out below (Terms and Conditions).
If you do not agree with any of these Terms and Conditions, please do not participate in our classes.
We reserve the right to change, update or re-issue these Terms and Conditions at any time. Any such changes will be posted to our Website and you agree to be bound by such changes.
By signing the agreement and/or booking/paying for Defy Gravity Fitness classes, you are acknowledging and agreeing:
- you are medically sound to undertake a normal course of exercise,
- you use the Studio facilities at your sole risk and responsibility,
- you are aware that exercise is physically demanding and participation in some activities may pose a risk to your health; and
- you are at least 16 years of age, and have parents signed permission to attend if under 18 years.
This agreement also relates to the member’s authority to Mindbody or other debiting agent nominated by Defy Gravity Fitness from time to time to directly debit the nominated bank account or credit card for any instalments or fees due under the terms and conditions of this Agreement and Direct Debit Request. These terms and conditions are set out in this agreement and can also be accessed on the Defy Gravity Fitness website (defygravity.com.au)
In this Agreement unless the contrary intention appears:
- The singular includes the plural and vice versa.
- A reference to a party includes that party’s legal personal representatives, heirs and assigns.
- “You” and “Member” refers to the name in which the membership account has been created, which at times may differ to the party paying for the membership, and includes the parent or guardian of the Member if the Member is under 18 years.
- “Defy Gravity” and/or “DGF” means “Defy Gravity Fitness”
- “Studio’ refers to any Defy Gravity Studio your membership entitles you to visit.
All queries, comments and feedback about the studio services provided should be directed to the Studio via the contact details listed on the website.
- Please respect that no phone calls, text messages or emails will be answered or addressed outside of our normal business hours which are: MONDAY to THURSDAY – 10am to 6pm, and FRIDAY – 10am to 2pm.
- Email is the preferred method of contact as we can only answer the phone intermittently between classes. Email: email@example.com
- All current timetables are displayed on our Website. From time to time, our timetable may change and this will be notified on the Website.
- As many of our classes are “progressive” you must only attend classes that you are capable of.
- There are a maximum number of spaces in each class. To attend a class, you must have reserved at least 3 hours before class commencement.
- Casual Classes are offered subject to availability of places in a class.
- Bookings can be made online, via our website or smart phone app.
STUDIO ACCESS –
- You must register your attendance in a class for Covid safety, security and insurance purposes.
- Failing to register attendance will result in that class credit being forfeited.
- Entry to the studio may be refused as a result of unpaid or outstanding membership fees.
- We reserve our right to change our opening hours at our Studios at any time, without notice to you. You will be notified of any permanent changes to our opening hours.
C L A S S E S –
Group classes require a minimum of 3-4 people to go ahead. If by 3 hours before a class commences there are less than 3 people booked in the class will be cancelled and all participants given the opportunity to re-schedule.
MISSED CLASSES / NO SHOW POLICY –
- To cancel a class booking, you must cancel out of your class using our Mindbody online scheduling system, or notify the Studio NO LATER THAN 12 MIDDAY on the day of the class (for evening classes), or NO LATER THAN 6PM the evening before a daytime class.
- Class bookings can be cancelled online by logging into your account and choosing to cancel the class you wish to cancel.
- Urgent Cancellations may be made by Text Message only with a minimum of 3 hours notice. These may incur a $10 Late Cancellation Fee.
- Last Minute Cancellations made with less than 3 hours notice, and No Shows (booked classes not attended) will forfeit that class (ie. the full fee will be deducted from your pre-paid classes).
CLASS WAITLISTS –
- If you are unable to book a spot because the class is full, register yourself on the waitlist and should a spot become available, you will be notified via email and automatically booked into the class. Please ensure you check your email for your waitlist confirmation.
- As a courtesy, if you are no longer available to attend the class, please remove yourself from the waitlist online or via the smart phone app. Once you have been confirmed in the class from the waitlist, our 4 hour courtesy policy applies and a cancellation fee will apply if cancelled within this time.
We do not offer refunds, credits, or transfers to another person under any circumstances. It is your responsibility to ensure you use all classes paid for, and understand our late cancellation/no show policy.
PERSONAL SAFETY & ACCEPTANCE OF RISK –
- By attending our Studio and participating in classes, you will be performing physical activity and exercise which has an inherent risk of personal injury. Participating in classes is undertaken at your own risk.
- You must inform instructors if there are any risks to your health by participating in a Class, such as if you have a pre-existing injury, illness, muscle soreness/discomfort or are pregnant, prior to commencement. Participating in any form of exercise at our Studios with a Medical Condition is done entirely at your own risk.
- You acknowledge that your participation in any from or exercise at our Studios may involve risks, including risk of personal injury.
- Defy Gravity owner/s, instructors and studio staff are not medically trained and are therefore not qualified to assess whether clients are in good physical condition and/or that clients can engage in exercise without detriment to their health, safety, comfort or physical condition. Clients are advised to seek medical advice prior to commencing any exercise program if they are in any doubt about their ability to engage in exercise.
- By participating in our classes, you agree that our liability in relation to recreational services (as that term is defined in section 139A of the Competition and Consumer Act 2010 (Cth)) for any death, physical or mental injury (including aggravation, acceleration or recurrence of any such injury), the contraction, aggravation or acceleration of a disease, the coming into existence, aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs that is or may be harmful or disadvantageous to you or the community, or that may result in harm or disadvantage to you or the community, that may be suffered by you as a result of the supply of recreational services by Defy Gravity Fitness is hereby excluded, save that this limitation of liability does not apply to significant personal injury suffered by you as a result of reckless conduct by Defy Gravity in supplying these recreational services.
- You acknowledge that our instructors may use tactile cueing and adjustment methods, or make physical contact with you for correction purposes in order to ensure that practice is safe.
PERMISSION TO USE YOUR IMAGE –
We sometimes film or photograph in the studio so it is possible you will appear in the background. By signing (physically or electronically) this Agreement, you allow us to use your image in promotional and other business-related material.
GENERAL TERMS –
At its discretion and with reasonable notice, Defy Gravity Fitness reserves the right to change:
- class timetables and formats
- conditions of memberships
- conditions of Class Passes
- hours of operation
- services offered, and
You will be notified of these changes via email.
This Agreement shall be governed by and interpreted according to the laws of NSW.
DEFY GRAVITY MEMBERSHIP TERMS & ENTITLEMENTS
Membership at Defy Gravity Fitness entitles you to:
DGF Membership requires you to:
Update your contact details with your studio when they change.
Pay all agreed fees, ensure sufficient funds are available to cover all fees and advise us in advance if your bank account or credit card is closed or changed.
Inform us in advance if there are any risks to your health if you participate in fitness services and if required seek approval from your Doctor or General Practitioner.
You acknowledge that it is your responsibility to cancel direct debit facilities in respect of your membership when this agreement expires or is terminated.
Overdue Fees & Revocation of Membership Entitlements
All entitlements and entry into the studio is revoked if a member’s account is in arrears.
If your automatic direct debit reverses or is returned to us by your financial institution the following process will apply:
If the debit remains outstanding it will be processed within 14 days of the reversal with any reversal and late fees that apply.
If you fail to pay us the fees by the due date, we are entitled to refuse you entry to the Studio.
If unpaid fees remain outstanding and after attempts by us to rectify the arrears, your membership may be forwarded to a collection agency for further action.
Cancellation / Termination
A cancellation request should be provided to your Studio as follows:
During Cooling Off Period:
Your membership is subject to a 72 hour cooling off period.
The cooling off period applies to new memberships only and does not apply to membership renewals, upgrades or downgrades.
The cooling off period starts from the date the agreement is entered into (the date the agreement is signed) and ends at the close of business 72 hours later.
Your membership can be cancelled during the cooling off period by contacting your home studio via the studio contact details as listed on the website.
All monies paid will not be refunded. Defy Gravity may require an additional payment to recover costs in relation to any fitness services provided to the member within this period.
Permanent Sickness or Physical Incapacity:
Defy Gravity requires a medical certificate stating that you cannot utilise any fitness services or facilities because of your permanent illness or physical incapacity. Defy Gravity may agree to cancel the membership upon payment of a cancellation fee of 10% of the minimum membership fee or $75.00 (whichever is less).
Cancellation for any other reason (within minimum term):
You may terminate your membership agreement before the expiry of the minimum term (or payment amount) if all instalments and fees due up to the date of termination are paid and the relevant cancellation fee is paid in full at the time of cancellation request. The cancellation fee, is the total amount of your remaining minimum cost.
Cancellation due to relocation (within minimum term):
You may terminate your membership agreement before the expiry of the minimum term (or payment amount) due to relocation, you must have relocated more than 25km from the nearest Rebalance Pilates and Yoga Studio, Proof of relocation must be provided to Defy Gravity with a cancellation fee of $250.00. Rebalance has the right to deny cancellation due to relocation If proof of relocation does not meet the rebalance requirements.
Cancellations after completion of Minimum Term:
Defy Gravity requires you to contact your home Studio via the Studio contact details as listed on the website advising of your cancellation request.
There will be a period of notice of 28 days, unless otherwise specified, from the date of cancellation request to the date of termination, during which any payments that fall due must be paid in full.
The notice period will exclude suspension or payment break time applied to your membership.
Any instalments/fees due at the date of termination (including instalments/fees which fall due during the notice period) will remain a debt owed to and recoverable by Defy Gravity and/or Ezidebit.
You shall not consider that your membership agreement has been terminated until such time as this is confirmed in writing to you by Defy Gravity. Termination of your membership agreement will also terminate the Direct Debit Request Authority.
Suspension of payments may be possible under the terms of your Membership Agreement. Payments may be suspended for a minimum of 2 weeks at a time so long as the total time suspended within 12 months does not exceed 12 weeks. In order to suspend payments you must contact Defy Gravity and complete required suspension link at least 3 days prior to the date of the first suspended payment, Suspensions will start from your next Direct Debit date at $10.00 per fortnight. Suspensions will not be backdated and any time spent on suspension will be added onto the minimum term of the Membership Agreement so that the sum of the instalments payable for the minimum term or number of payments shall still be payable regardless of any suspension or suspension charges made.
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