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 advised by mobile/email and /or 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) This Agreement shall be governed by and interpreted according to the laws of NSW.
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.
- BOOKINGS –
- 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.
- Please consider your ability to commit to and attend the classes you have booked as once a term has started we are unable to fill your place if you drop out.
- 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 Mindbody website or over the phone.
2. REFUNDS, CREDITS & TRANSFERS –
We have a strict NO refunds, credits or transfers policy if you miss a class, are unable to complete the term or change your mind about a booking. This applies to ALL students – regardless of circumstances. It is also your responsibility to ensure you use all the classes you have paid for within the term/expiry period, and understand you will forfeit any class/es not early cancelled or that you fail to show for.
Defy Gravity Fitness is not liable or responsible for any change in your circumstances (work, family or health) or for change of mind. By making your booking and payment (online, over the phone or in person), you are acknowledging that you understand and accept our NO refund/NO credit/NO transfer policy.
3. 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.
4. COVID-19 & GENERAL ILLNESS – when you should stay home
The health and safety of our students and staff is our utmost priority! You are required to stay home if unwell (even if you do not have COVID). Anyone displaying symptoms of being unwell will respectfully be asked to leave the studio.
Anyone who suspects they may be infected, have been in contact with an infected person, has recently travelled to/from a hot spot or have been advised by authorities to self-isolate, MUST NOT attend classes.
5. C L A S S E S –
Group classes require a minimum 50% class capacity to go ahead. If by 3 hours before a class is due to commence there is less than 50% booked (ie 3-4 people), the class will be cancelled and all participants given the opportunity to re-schedule.
6. MISSED CLASS / NO SHOW POLICY –
We understand that life sometimes gets in the way, BUT we do worry about you if you just don’t show up, and we urge all students to let us know if you can’t make it! As we custom rig the bungees for you personally, if you’re not going to be there, we don’t need to rig your bungee etc. It also helps us in time-managing the classes. From your class mates point of view… there’s nothing worse than being excited for a fun class, turning up and expecting everyone to be there – only to discover there’s only 1 or 2 of you there! 🙁
So to cancel out of your class login to your Mindbody account using the BOOKINGS/LOGIN tab at the top of the page > go to your Schedule > and click Early Cancel. The cut off times are –
- BY 11 AM the morning of the class (for evening classes) – OR
- BY 8 PM the evening before (for daytime classes)
Please Note: LATE Cancellations and NO SHOWS, the class will be forfeited, AND No Shows will incur a $10 fee applied to your Mindbody account.
7. MAKE-UP CLASSES –
We are not obliged to provide make up classes if you do not attend your scheduled class, BUT as a courtesy to our students, we will endeavour to offer one on the following basis:
- Priority is given to students who hold a Defy Gravity VIP Membership.
- If you know in advance that you will be unable to attend a class, and make arrangements directly with CHERENE in advance, you may be eligible for a Make-Up class. Notice must be given at least 48 hours before the class you will miss!
- Make-Up classes are offered subject to availability of a place/s in a suitable alternative class. A fee of $10 for non-members.
- It is at the absolute discretion of management whether a make-up class is offered and there is a limit of ONE (1) make-up class per student in any one term. They can only be booked in person or over the phone and must be used in the same term in which the original class was missed, otherwise will be considered forfeited. There are no rollovers to a new term.
8. 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.
9. 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.
10. 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.
11. PERMISSION TO CONTACT YOU –
- You understand that as a student/client of Defy Gravity Fitness, you will be subscribed to our mobile SMS and email lists. This is our method of communicating important reminders, updates and pertinent information about the your classes, account and the studio.
- You understand that should you unsubscribe from our email list you will remain on our mobile/sms list as a way communicate important information to you.
- It is your responsibility to ensure you are aware of all matters relating to your business with the studio.
12. GENERAL TERMS –
- All queries, comments and feedback about studio services should be directed to the Studio via the contact details listed on the website.
- Please respect that phone calls, text messages, emails or social media messages will not be answered or addressed outside of normal business hours which are: MONDAY to THURSDAY – 10am to 6pm, and FRIDAY – 10am to 2pm. Email is the preferred method of contact: firstname.lastname@example.org
- At its discretion, Defy Gravity Fitness reserves the right to change:
- class timetables and formats
- terms and conditions (general & memberships)
- conditions of Class Passes
- hours of operation
- services offered, and
You will be notified of these changes via email, mobile sms and on the website.
Last Updated: 10/5/2021
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