Terms and Conditions

BOOKING TERMS AND CONDITIONS  

By signing up to participate in our Group Fitness Sessions and Personal Training Sessions (“Sessions/Classes”), you agree to these Terms and Conditions and any other policies we publish or link to on our Website. These form an "Agreement" between you (“the Client”/ “you”/ “your”) and us, Attitude Fitness Pty Ltd [ABN 674169067] (“we”/ “us”/ “our”). If you do not agree with any of these terms and conditions, please do not participate. 

MEDICAL WARNING  

Undertaking our Classes and PT Sessions may have implications on your current Medical Conditions. We suggest that you consult with your medical practitioner prior to commencing Group Fitness and Personal Training Sessions and that you are mindful of your current health concerns and physical limitations.   

If you have any Medical Conditions including pre-existing injuries which may impact your ability to perform the exercises in our Class or PT Sessions, or if you are pregnant or ill you must notify your instructor prior to commencing the Class or PT Sessions.  Participating in any form of exercise at our gym with a Medical Condition is done entirely at your own risk. We may ask you to provide a medical certificate so we can properly cater for you. 

It is your sole responsibility not to overexert yourself. Exercise at your own pace and stop immediately if you feel pain or discomfort. You should not continue exercise if your physical condition changes at any time.  

By undertaking any exercise program and use of any equipment purchased from us, you acknowledge that you do so at your own risk and that we will not be liable for any Loss or Damage   

arising from or as a result of, or in connection with your undertaking of any such exercise program or following advice contained on our Website or given by us.    

Our instructors and staff are not medically trained and are not qualified to assess whether you are in the good physical condition and/or whether you can engage in exercise without any detriment to your health, safety, comfort, or Medical Conditions.   

BOOKING AND FEES  

Our Class and PT Session fees and timetables are displayed on our Website. We reserve the right to change our fees and schedules from time to time, and these changes will be notified on our Website.  

To sign up to participate in our Classes and PT Sessions, you must create an account with us and pay a joining fee of $20. You must maintain the confidentiality of your password and login. You are solely responsible for all use of your login and password.  

There are a set number of spaces in each Class. To attend a Class or PT Session, you must reserve a space by making the full payment. Bookings can be made via the website. 

PERSONAL INFORMATION  

When you create an account, you agree to provide us with your personal information including but not limited to your name, age, medical or health conditions related information and any other information as required (“information”). You represent and warrant that:  

• all information you provide is true, correct, current and up to date; and  
• you will respond promptly to any of our requests for further information.  

Your personal information collected by us will be dealt with in accordance with our Privacy Policy, a copy of which can be viewed in full here.  

PAYMENTS  

Our Fees are payable prior to the Class or PT Session and at the time of booking. Except as required by the Australian Consumer Law, no refunds are provided. If you wish to credit your Fee to a later Class or PT Session, please notify us at attitude-fitness@outlook.com. All credits for other Sessions are given at our sole discretion.  

CLASS WAITLISTS  

You can register yourself on the Class or PT Session waitlist If you are unable to book a spot because the Class or time is full. If your selected spot becomes available, we will notify you via email and automatically book you into the Class or PT Session. Please ensure you check your email for your waitlist confirmation.  

If you are unable to attend, please remove yourself from the waitlist prior to our confirmation. Once you have been automatically confirmed for a Class or PT Session and removed from the waitlist, our Cancellation Policy will apply – see below. 

CLASS SCHEDULES AND OPENING HOURS  

Class or PT Session schedules are subject to change or cancellation without prior notice.  We are not liable in any way to provide you with a refund, credit, transfer, or compensation of any kind for Classes or PT Sessions that are not held in accordance with the schedule.  

We reserve the right to change our opening hours at any time, without prior notice to you.  We will use our reasonable endeavours to notify you of any permanent or temporary changes to our opening hours.  

CLASS OR PT SESSION PACKS  

We offer reduced cost Class or PT Session Packs. All packs have an expiry date of 12 weeks from the date of purchase, or as further described on our website. We do not provide credits or refunds for any unused Classes or Sessions.  

CANCELLATION POLICY  

Class or PT Session bookings can be cancelled online by logging into your account and selecting the cancel option, by calling or emailing us.  

You must notify your cancellation to us at least 1 hours prior to the commencement time of your Class. Cancellations made with less than 1 hours’ notice will incur the full cost of the Class booked and no credit will be available. 

If it is a PT Session, you must contact us via phone/email 24 hours prior to receive a credit for a further PT Session. 

For cancellation of membership, you must notify your cancellation at least 4 weeks prior to the intended date of cancellation. 

HEALTH AND SAFETY 

There are risks associated with attending our Classes and PT Sessions. We have minimised these risks by complying with government recommendations. You acknowledge and agree that by participating in our Classes and PT Sessions there is a risk of catching an infectious disease, including but not limited to COVID-19 and participating is done at your sole risk.  

CONDUCT RULES AND YOUR OBLIGATIONS  

You are required to treat all persons and property at the Gym Area with all due care and respect. We reserve the right to refuse entry to or remove you from the Gym Area for breaching our Conduct Rules including any anti-social, intoxicated, disorderly, aggressive, offensive, inappropriate, discriminatory, or dangerous behaviour that may threaten the safety or security of our clients, staff, any other persons, our Gym Area including infrastructure and equipment.  

If you consider that someone is breaching the Conduct Rules, please notify our staff so that we can address the issue immediately.  

• Please arrive 10 minutes prior to your scheduled Class or PT Session in order to minimise disruption. We reserve the right to re-allocate your spot to someone on the waitlist if you do not arrive on time for your Class or PT Session, and you will not be eligible for a refund.   
• We strongly discourage you from departing the Class or PT Session prior to the scheduled conclusion time as it is disruptive to the enjoyment of other participants.  
• You are required to always wear appropriate attire for the Class or PT Session and must refrain from wearing any clothing that contains offensive prints or designs.  
• Please bring along a towel and water bottle. 
• For the enjoyment of all participants please turn off your mobile phone before your Class or PT Session unless you are required to due to personal reasons. e.g., you are a medical practitioner on call, in which case, please notify us.  

PHYSICAL TOUCH 

You acknowledge and agree that our instructors may use tactile cueing and adjustment methods or make physical contact with you for correction purposes in order to ensure that the Classes and PT Sessions are undertaken in accordance with our best practice. If you do not wish to be touched, please notify us prior to any Class or PT Sessions. 

PREGNANCY AND OTHER CONDITIONS 

Our standard Classes are safe for women to attend . However, a medical clearance is required prior to commencing these sessions.  

PERSONAL BELONGINGS  

We do not assume any responsibility to safeguard your personal belongings that you bring into our Gym Area. 

As such, we strongly recommend that you:  

• refrain from bringing any valuable personal belongings into our Gym Area, such as mobile phones, jewellery, personal devices, wallets, handbags, and purses;  
• only bring personal belongings into our Gym Area that are absolutely necessary for you to possess for the duration of your visit; and  
• store any personal belongings in the storage facilities provided for use for the duration of your visit.  

AUSTRALIAN CONSUMER LAW 

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: 

• to cancel your service contract with us; and 
• to a refund for the unused portion, or to compensation for its reduced value. 

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.  

LIMITATION OF LIABILITY  
To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your attendance at our Gym Area or Classes or PT Sessions including, but not limited to, any theft, unauthorised access, or third-party interference.  

To the extent to which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:  

• the supply of equivalent services e.g., another opportunity to book a Class or PT Session; or  
• the refund of the payment made for the Class or PT Session.  

In any case, our liability to you will not exceed the amount actually paid by you to us for the Class or PT Session.  

You acknowledge, agree, and undertake to indemnify us and keep us at all times fully indemnified from and against any claims whatsoever arising directly or indirectly as a result of any breach by you of this Agreement, any conduct by you in participating in our Classes and PT Sessions, and any third-party claims.  

TERMINATION AND REFUNDS  

We may, at our sole discretion and without prejudice to any of our rights, immediately terminate this Agreement where you breach any term or condition of this Agreement. If you are in breach of this Agreement, you will not be entitled to any refunds including any refunds of any Class or PT Session Packs, and any outstanding Fees become immediately due and payable.

FORCE MAJEURE 

Where there is a Force Majeure Event, we will not be considered in breach of this Agreement, to the extent that our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in connection with any Force Majeure Event.   

IF THERE IS A DISPUTE  

You acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative, or otherwise damaging will be the subject of compensation in any mediation or litigation claim. In the event of any dispute that cannot be resolved by mutual agreement, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.  

GOVERNING LAW AND OTHER MATTERS  

This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire Agreement between you and us and supersedes any prior agreements, proposals, and communications whether oral or written, between you and us. In the event of an inconsistency between this Agreement and other terms and conditions on our Website, these Terms and Conditions will prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in these Terms and Conditions does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in this Agreement will survive termination of this Agreement. 

DEFINITIONS  

“Agreement” means these Terms and Conditions, our Website Terms of Use, Privacy Policy, and any other policies we publish or link to on our Website.  

“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth).   
“Claims” mean any claim, under the statute, tort, contract or negligence, any demand, award, or costs.  
“Classes or PT Sessions” mean the Group Fitness Classes and Personal Training Sessions.  

“Fees” mean payment due from you for the Classes and PT Sessions provided by us.   
"Force Majeure Event" means any event beyond our control which prevents us from complying with our obligations under this Agreement, including but not limited to, a pandemic, act of God, such as fires, earthquakes, floods; war or hostilities, riots, strikes, disorder or acts or threats of terrorism, or electrical failure, changes to regulations, weather events, travel limitations, venue closures. 

“Loss or Damage” means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of enjoyment, loss of opportunity, loss of reputation or goodwill, loss or corruption of information or data, personal injury, death, property damage and legal costs.  

“Medical Condition” means any type of illness, disease, injury, condition, disability, disorder, physical deformity, or mental illness.  

“Venue/Gym Area” means the physical location(s) where the Sessions are held, and could be our home, or a public location.  

“We, us, or our” means Attitude Fitness Pty Ltd [ABN 674169067] and includes any of our directors, officers, employees, agents, partners, and contractors.  

“Website and Services” means www.attitudefitness.com.au and everything available on this Website including, but not limited to, products and services.