TERMS & CONDITIONS
1. Membership Term: The minimum term of any Membership is as set out in the Membership Agreement. Participant agrees that at the expiration of the Term unless specifically advised in writing of Participant’s wish to cancel, the Membership shall continue beyond that minimum term on an ongoing rolling monthly basis.
2. Participation Warranty:
a. The Participant, by entering into this Agreement, warrants that they are in good physical condition and have disclosed any medical reason or impairment that might hinder their Participation.
b. The Participant must advise SWEAT1000 of any changes which may alter any previous disclosure made in relation to their health and use of the Premises.
3. Terms of Admission: SWEAT1000 reserves the right to remove or refuse entry to any Participant. Without limiting SWEAT1000’s discretion, this includes Participants who do not behave in a reasonable and respectable manner, are found to be in possession of any item prohibited by law, deemed to be intoxicated, or in possession of, or impaired due to illegal substances or any other conduct deemed inappropriate by SWEAT1000 staff.
4. Cooling Off Period:Upon entering a Membership Agreement, the Participant will have a 7-day cooling off period within which they can cancel without penalty or reason. The period will commence at the signing of this agreement, and end 7 days thereafter.
5. Booking Availability:The Participant acknowledges that training is provided in a class style and that class sizes are necessarily limited. Booking is prioritised on a first come, first served basis and therefore space in a class is not guaranteed.
6. No Show Policy:Member Participants agree –
a. If Participant can no longer attend a class that has been booked, and cancels at least 8 hours prior to the class then the Participant will not be charged any additional fee.
b. If Participant books a class and within 8 hours of the class commencement time cancels then the Participant will be charged an $8 late cancellation fee.
c. If a Participant books a class, has not cancelled the booking and does not attend the class, the Participant will be charged a $15 no show fee.
7. Terms of Payment: The Fees to be paid are set out in the Fee Structure of the Membership or Visitor Pass Agreement.
a. Non-Payment: Upon failure to make payment within 7 days of the due date, SWEAT1000 reserves the right to refuse access to the premises until all outstanding fees are paid, suspend Membership and/or terminate this Agreement. SWEAT1000 may impose a 10% interest rate on outstanding fees for the period of non-payment. The Participant remains liable for all unpaid amounts.
b. Membership fees may be pre-paid in full upon entering this agreement or can be paid through equal periodic installments throughout the term. Period payments will be automatically debited from either your elected account or credit card on the 1stday of every month.
c. Direct Debit: The Participant will be provided with a copy of a Direct Debit Authorization Form. By nominating your credit card or account, you consent to the deduction of all fees for which the Participant is responsible for under this agreement.
d. Fees are subject to increase after the Participants selected term expires.
8. Transferability: A Visitor Pass or Membership is strictly non-transferable.
11. Minimum Age:In consideration of safety and security, all Participants must be 16 years or older. Any Participants under the age of 18 must have the express consent of a Parent/ Guardian who by signing the Agreement on their behalf, accepts its terms and on behalf of the Participant and assumes the Participant’s responsibilities under the Agreement.
12. Visitor Pass:
a. Any type of Visitor Pass may not be cancelled, suspended or refunded.
b. Any type of Visitor Pass will expire 1 month from the time of entry into this Agreement.
c. Expiry – the passes remain valid for:
i. One Class Pass – 1 month from the sale date.
ii. Intro Pack (Three Class Pass) – 1 month after the date of Participant’s first visit.
13. Membership: Cancellation/Suspension: (applicable to 3, 6 or 12-month Memberships)
a. A 3, 6 or 12-month Membership may be cancelled within the initial term on immediate written notice by the Participant subject to paying pro-rata 50% of the outstanding amount of the duration of the term.
b. A Membership that has rolled into an ongoing one month basis may be cancelled by the Participant giving 14 days prior written notice.
i. A Participant may suspend his or her Membership for Medical Reasons upon providing a Medical Certificate. The suspension will apply for the duration of the time indicated in the Medical Certificate with a minimum requirement of 2 weeks. Upon re-instatement, the term will continue for the accepted duration of the Agreement.
ii. SWEAT1000 may at its absolute discretion, which may be withheld for any reason whatsoever, grant a suspension to a Participant based on extenuating circumstances beyond a medical condition.
d. Freeze Period: Participant has the right to freeze a membership (not Visitor Pass) for up to four weeks during any 12 month period or pro rata part thereof, during which time Participant will be charged $15 per week as an administration fee.
e. Extension – if a Participant has either a Freeze Period or Suspension (or both) during the initial term of Membership then the end date of the initial term shall extend for the time commensurate with the Freeze Period and/or Suspension.
14. Participant Conduct:Participant must at all times act in accordance with reasonable directions of SWEAT1000 or its instructors whilst on Premises and specifically must not engage in any inappropriate, unlawful or dangerous behaviour including threatening, harassing others, damaging equipment, distributing any illicit substances or any other conduct that is improper or harmful to the best interest of the Club or its members and visitors.
15. Liability/Indemnity:By entering into this Agreement, the Participant acknowledges the assumed risk of injury and waives any liability on SWEAT1000. SWEAT1000 acknowledges that they will not be indemnified where there has been gross negligence on their part, or where services have not been provided with due care and skill.
16. Insurance: The Participant acknowledges that he or she is solely responsible for the procurance of personal insurance and is liable for any costs relating to any injuries which may occur on the Premises. This excludes any injuries which are the result of SWEAT1000’s gross negligence.
17. Premises Closure:Participant acknowledges that SWEAT1000 may need to close the Premises due to emergency, if required by court order or law, refurbishment or maintenance, or by election of the SWEAT1000 proprietors. If SWEAT1000 closes the Club for a consecutive period beyond 14 consecutive days then SWEAT1000 agrees to freeze any Membership and extend the Term at no cost to the Participant.
18. Termination Right:
a. SWEAT1000 has the right to terminate the Participant’s Membership or Visitation Pass with immediate effect upon Participant –
i. breaching any term of this Agreement, including but not limited to Participant Conduct at item 14, that is incapable of remedy; or
ii. breaching a term of this Agreement that is capable of remedy and upon notice being provided of such breach not remedying such breach within 7 days.
b. If Membership is terminated, Participant will receive a termination notice and a refund of any unused initial term or per-paid membership fees.
19. Choice of Law: This Agreement is subject to the Exclusive Jurisdiction of New South Wales. Its terms shall be construed in accordance with the laws of New South Wales as the proper law of this contract.
20. Dispute Resolution: In the event of a dispute arising in the application of the Participants Agreement, best endeavours will be undertaken by SWEAT1000 to resolve such concerns in good faith.