TERMS & CONDITIONS
TERMS AND CONDITIONS
These Terms and Conditions, together with any Membership Agreement, Screening Tool, Waiver and/or DDR Service Agreement, set out the agreement (this Agreement) under the terms of which you or, where applicable, the person for whom you are the parent or guardian, (the Member, you, your) will obtain services, including the Activities, from Shedit Fitness Pty Ltd ABN 75 638 652 730 (Shedit Fitness Pty Ltd, we, us, our).
We may change these Terms and Conditions at any time by updating the Terms and Conditions page on our website, and your ordering of the Activities or using the Gym following such an update will represent an agreement by you to be bound by the Terms and Conditions as amended. Changes to these Terms and Conditions will only apply to Membership Agreements entered into after the change occurs. However, we will only increase your Fees in accordance with clause 8.3 below
1. MEMBERSHIP AGREEMENT, THIS AGREEMENT
(A) These Terms and Conditions will apply to all the Member’s dealings with Shedit Fitness Pty Ltd, including being incorporated in all agreements or quotations under which Shedit Fitness Pty Ltd is to provide services to the Member (each a Membership Agreement) together with any additional terms included in such a Membership Agreement (provided such additional terms are recorded in writing).
(B) The Member will be taken to have accepted this Agreement if the Member accepts a Membership Agreement, or if the Member orders, accepts or pays for any Activities provided by Shedit Fitness Pty Ltd after receiving or becoming aware of this Agreement or these Terms and Conditions.
This Agreement commences on the Commencement Date and continues:
(A) for the duration of the Minimum Term specified in the Membership Agreement for the following Membership Plans: Shedit All Access 'Results', General Facility Access 'Upfront', Minor’s Membership, Shedit Foundation, or FIFO;
(B)until terminated in accordance with clause 15 for Shedit All Access 'Freedom' and General Facility Access 'Freedom' Membership Plans.
3. COOLING OFF PERIOD
If your Membership Agreement specifies that a cooling off period applies to your Membership Plan, you are able to cancel this Agreement without incurring any cancellation Fees, if you notify us of your intent to cancel in writing within 14 days of accepting this Agreement (Cooling Off Period). However, the Joining Fee and the Door Access Fee referred to in your Membership Agreement will not be refundable even if you cancel within the Cooling Off Period.
4. PARTICIPANT’S OBLIGATIONS
4.1 CAPACITY AND AGE
(A)The Member warrants that they:
(i) have the legal capacity and are of sufficient age to enter into a binding contract with us; and/or;
(ii)are the parent or guardian of the Member who consents to this Agreement on behalf of the Member.
(B) The Member acknowledges and agrees that:
(i)they must be at least 12 years of age to participate in any Activities and/or use the Gym;
(ii) they must be at least 15 years of age to participate in any Activities involving boxing and can only participate in such Activities under direct Shedit Fitness Pty Ltd supervision; and
(iii) at least 15 years of age to do unsupervised resistance training or engage in classes where weights are used.
4.2 PRE-ACTIVITY OBLIGATIONS
The Member warrants that, on or prior to the Commencement Date, they:
(A) will complete the Screening Tool located in the Waiver and;
(i) if they answer ‘yes’ to any of the questions contained in the Screening Tool, obtain a doctor’s certificate stating that they are allowed to participate in the Activities; or
(ii) if they answer ‘yes’ to any of the questions contained in the Screening Tool and cannot obtain a doctor’s certificate stating that they are allowed to participate in the Activities, agree that they participate in the Activities at their own risk, if permitted to do so by Shedit Fitness Pty Ltd;
(B)have read and accepted the Waiver;
(C)have read and accepted the DDR Service Agreement; and
(D)accept any Third Party Terms, in accordance with clause 10.
(A)The Member must provide Shedit Fitness Pty Ltd with all documentation, information and assistance reasonably required for Shedit Fitness Pty Ltd to provide the Activities;
(B)The Member must participate in any briefings and/or introductions as notified by Shedit Fitness Pty Ltd prior to engaging in any Activities; and
(C) If you are the Member’s parent or guardian and the Member is under the age of 18, you must ensure that the Member complies with these terms, and agree to the terms of this Agreement in respect of the Member.
4.4 INSTRUCTIONS AND SAFETY
The Member warrants that they:
(A)will undertake an instructional consultation with Shedit Fitness Pty Lts’s Personnel prior to using the Gym or engaging in the Activities;
(B) comply with any safety guidelines, instructions and/or rules that Shedit Fitness Pty Ltd’s Personnel provide to them;
(C) stop participating in any Activities, and alert Shedit Fitness Pty Ltd or its Personnel, if the Member has any concerns about their health or safety or if they start feeling dizzy, faint, unwell or feel any unusual pain during the Activities; and
(D) be responsible for their own safety and that of any person under the age of 18 years for whom they have signed or accepted responsibility.
4.5 HEALTH AND STATE OF THE PARTICIPANT
The Member warrants that they:
(A) are not pregnant and do not have a health condition which might have the effect of making it more likely that they will be involved in an accident or injury while participating in the Activities (Condition);
(B) will notify Shedit Fitness Pty Ltd immediately if they develop a Condition;
(C) are aware and agree that if they have a Condition, Shedit Fitness Pty Ltd might refuse them participation in some and/or all Activities;
(D) are aware that the Activities, even when no accident occurs, may involve risk to health;
(E) will not participate in the Activities under the influence of drugs, alcohol or illicit substances;
(F) will not participate in the Activities, if ill, injured or feeling unwell; and
(G) will warm-up prior to participating in the Activities.
4.6 GYM USE
The Member must:
(A) Book classes using the dedicated Glofox App or Shedit Fitness Pty Ltd’s Website no less than 1 hour prior attending a class, For Gym access members they must scan their barcode each time when entering the Gym;
(B) cover any surfaces at the Gym, including all equipment and exercise mats, with a clean towel during use and wipe down each piece of equipment after use;
(C) not use abusive, offensive or threatening language or behaviour while at the Gym;
(D) at all times wear clean clothing appropriate to the Activities they are undertaking and/or as instructed by Shedit Fitness Pty Ltd from time to time (jeans, work clothes, boots, or clothing with offensive or inappropriate images are not permitted);
(E) not enter the Gym under the influence of drugs or alcohol;
(F) not smoke, consume alcohol, drugs, foods, and/or chew gum at the Gym;
(G) not use the equipment and/or facilities without seeking instructions from Shedit Fitness Pty Ltd Personnel if the Member is not familiar with the equipment and/or facilities; and
(H)not intentionally drop weights, and return them to their correct place after use.
The Member is responsible for their possessions while at the Gym. Shedit Fitness Pty Ltd will not be liable if any of the Member’s possessions are lost and/or stolen at the Gym.
The Members understands and warrants that it uses any carpark facilities unsupervised and at their own risk. Shedit Fitness Pty Ltd will not be liable for any loss or damage suffered by the Member in connection with the Member’s use of the carpark, even where Shedit Fitness Pty Ltd is negligent, to the maximum extent permitted under Australian Consumer Laws.
5. CLASSES AND GYM AVAILABILITY
If the Member’s Activities include Boxing Classes or Fitness Classes (Classes), the Member acknowledges and agrees that:
(A) unless directed otherwise, they are required to book their Classes in advance via the Glofox App or Shedit Fitness Pty Ltd Website; and
(B)any missed Classes will be forfeited by the Member and Shedit Fitness Pty Ltd will not be required to reschedule such Classes.
(A) While Shedit Fitness Pty Ltd will endeavour to ensure that Classes and equipment are available during the advertised opening hours, on occasion, Classes or equipment may be full, unavailable or no longer offered and Shedit Fitness Pty Ltd will not be liable to the Member in such circumstances.
(B) Shedit Fitness Pty Ltd reserves the right to change the Classes and times offered at its absolute discretion without notice to the Member.
(C) The Member acknowledges that during public holidays and over the Christmas and New Year breaks, Shedit Fitness Pty Ltd classes are reduced in frequency and/or unavailable. This circumstance has been reflected in our Fees and the Member is not entitled to any fee discounts on this account.
If you participate in Activities that include Boxing Classes, you agree to the following conditions.
(A) Before each exercise, you must evaluate whether your current skills and physical condition allow you to participate in the exercise in a safe manner.
(B) If you believe an exercise will not be safe, you must inform your instructor of that fact and not participate in such exercise.
(C) Boxing Classes are a potentially dangerous activity and routinely occasion injuries including bumps, bruises, scrapes and scratches (Minor Injuries). If you sustain a Minor Injury, you must evaluate and determine whether it is safe for you to continue. If you are not certain that further participation in a Boxing Class after you sustain a Minor Injury will not exacerbate the Minor Injury, you must immediately stop participating in the Boxing Class, inform your instructor and seek medical attention.
(D) Boxing Classes can and do occasion more serious injuries to participants, including but not limited to sprains, twists, cramps, fractured bones, broken bones, torn ligaments and similar injuries (Major Injuries) and even death. You participate in our Boxing Classes with full knowledge of the possibility of sustaining a Major Injury at your own risk and exclude Shedit Fitness Pty Ltd from liability in relation to you sustaining any Minor or Major Injuries in accordance with clause 11.
(E) If you sustain a Major Injury or one that could exacerbate if you do not stop exercising, you must immediately stop participating in the Boxing Class and seek medical attention.
(F) If you notice an unsafe situation during a Boxing Class or notice another member train with a Major Injury, you must immediately notify your instructor or a member of Shedit Fitness Pty Ltd Personnel.
The Member must pay the Fees to Shedit Fitness Pty Ltd, in the amounts and at the times set out in the Membership Agreement or as otherwise agreed in writing.
8.2 DIRECT DEBIT
If the Member’s Membership Plan is not an Upfront Gym Access Membership, the Member:
(A) agrees to enter into DDR Service Agreement with Ezidebt Ltd;
(B) authorises Shedit Fitness Pty Ltd to charge the Member’s bank account in advance in line with the Membership Agreement and DDR Service Agreement;
(C) must ensure that there are sufficient funds available in their account to allow Ezidebit Ltd to debit the Fees payable.
(D) must give Shedit Fitness Pty Ltd a notice of at least 48 hours if:
(i) the Member is transferring or closing the account specified in their DDR;
(ii) here are any changes to the Member’s credit card specified in their DDR; and;
(E) Acknowledges and agrees that if a debit is returned by the Member’s financial institution as ‘unpaid’:
(i) Shedit Fitness Pty Ltd will charge the Member a $10 dishonour fee in addition to any fees charged under the DDR Service Agreement by Ezidebit Ltd; and
(ii) Shedit Fitness Pty Ltd will suspend the Member’s access until the amounts payable are received by Shedit Fitness Pty Ltd
8.3 UPFRONT PAYMENT
If the Member’s Membership Plan is ‘Upfront’, the Member must pay for all goods and services upfront at the time of booking using the payment method specified in the Membership Agreement (Upfront Membership Plan).
8.4 FEE INCREASES
We reserve the right to increase the Fees at any time after the period of your initial Membership Plan has ended, by giving you a 31-day notice of such increase.
8.5 NON-REFUNDABLE FEES
(A) The Door Access Fee and the Joining Fee are non-refundable.
(B) Any unused period you would be entitled to if you are on an Upfront Gym Access Membership Plan and you cancel this Agreement prior to the expiration of the term, is non-refundable.
If Shedit Fitness Pty Ltd issues an invoice to the Member, payment must be made by the time(s) specified in such invoice.
Unless otherwise indicated, amounts stated in a Membership Agreement include GST.
9. DEBT RECOVERY
If you do not pay an amount due under this Agreement on or before the date that it is due:
(A) Shedit Fitness Pty Ltd may seek to recover the amount due by referring the matter to debt collectors; and
(B) you must reimburse Shedit Fitness Pty Ltd for any costs it incurs, including any legal and debt collector costs, in recovering the amount due or enforcing any of its rights under this Agreement.
10. SUSPENSION OF MEMBERSHIP
(A) If your Membership Plan is Shedit All Access 'Results', Shedit Foundation, General Facility Access 'Upfront', FIFO membership or Minor’s Membership, you may suspend your Membership Plan for a maximum of 1 month at a time so long as the total time suspended within a 12 month period does not exceed 1 month.
(B) To suspend your Membership Plan you must:
(i) notify Shedit Fitness Pty Ltd in writing with 7 days prior to the date of suspension; and
(ii) not have any outstanding Fees to pay to Shedit Fitness Pty Ltd.
(C) Any time spent on suspension will be added onto the Minimum Term of the Agreement so that the amount payable shall still be payable regardless of any suspension or suspension charges made.
11. THIRD PARTY GOODS AND SERVICES
(A) Any Service that requires Shedit Fitness Pty Ltd to acquire goods and services supplied by a third party on behalf of the Member may be subject to the terms & conditions of that third party (Third Party Terms), including 'no refund' policies.
(B) The Member agrees to familiarise itself with any Third Party Terms applicable to any such goods and services and, by instructing Shedit Fitness Pty Ltd to acquire the goods or services on the Member’s behalf, the Member will be taken to have agreed to such Third Party Terms.
12. LIABILITY AND INDEMNITIES
12.1 NO RELIANCE
The Member acknowledges that in deciding to pay for the Activities and in entering into this Agreement the Member has not relied on the skill or judgment of Shedit Fitness Pty Ltd and that the Member has satisfied itself as to the condition and suitability of the Gym and/or Activities and their fitness for the Member’s purpose.
To the maximum extent permitted under applicable law, and without limiting any of the Member’s rights under the Competition and Consumer Act 2010 (Cth) Shedit Fitness Pty Ltd’s liability for all claims in aggregate (whether those claims be for breach of contract, negligence or otherwise, and whether those claims are for economic loss, or for personal injury or other damage) arising under or in connection with this Agreement:
(A) is excluded, to the extent it concerns liability for indirect, special and consequential damages, and damages (whether direct or indirect) reflecting loss of revenue, loss of profits or loss of goodwill; and
(B) is limited, insofar as concerns other liability, to the total money paid to Shedit Fitness Pty Ltd under this Agreement as at the date the event giving rise to the relevant liability occurred (or, where there are multiple events, the date of the first such event).
(A) Participating in the Activities involves the potential for injury and the Member is participating in any Activities at their own risk with knowledge of the dangers involved, including but not limited to, physical injury, muscle and ligament strains, illness, bruising, falls, injury through equipment failure, injury through impact during boxing participation and death.
(B) The Member acknowledges that there will be times where the Member will be unsupervised by any Shedit Fitness Pty Ltd Personnel and agrees to accept any risks of loss, injury, damage or death arising out of the Member’s unsupervised use of the Gym, unless there is reckless disregard or gross negligence on Shedit Fitness Pty Ltd’s behalf.
(C) The Member acknowledges that while Shedit Fitness Pty Ltd uses its best endeavours to ensure that the Gym and any facilities and/or equipment are free of faults and safety issues, there may be instances of equipment failure, and/or equipment and other objects may be left in incorrect positions by other Gym users. The Member agrees that Shedit Fitness Pty Ltd will not be liable for any loss or damage arising out of such circumstances unless there is reckless disregard or gross negligence on Shedit Fitness Pty Ltd’s behalf.
(D) The Member will bear all risk of loss or destruction of, or damage to, any equipment and/or other property and/or people arising out or contributed to by their participation in the Activities.
The Member indemnifies Shedit Fitness Pty Ltd from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise out of:
(A) any breach of this Agreement by the Member;
(B) any negligent, fraudulent or criminal act or omission of the Member or its Personnel; or
(C) an event, where circumstances giving rise to a claim, were caused or contributed to by the Member.
(A) To the maximum extent permitted by applicable law, all express or implied representations and warranties (whether relating to fitness for purpose or performance, or otherwise) not expressly stated in this Agreement are excluded.
(B) Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee which may not lawfully be excluded, then, to the maximum extent permitted by applicable law, Shedit Fitness Pty Ltd’s liability for breach of that non-excludable condition, warranty or guarantee will be limited to:
(i) in the case of goods, their replacement or the supply of equivalent goods or their repair; and
(ii) in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
(B) You consent to us taking images and recording video footage of you for the following purposes only:
(i) promotion of the Gym, Gym events and advertising the associated products and services; and
(C) Please notify us by email if you do not wish footage or images of you to be taken or kept by us.
15.1 BY SHEDIT Fitness Pty Ltd
Shedit Fitness Pty Ltd may terminate this Agreement in whole or in part immediately by written notice to the Member if the Member is in breach of any term of this Agreement.
15.2 NOTICE – ALL MEMBERS
Subject to clause 3, if you wish to cancel this Agreement, you must provide at least 14 days written notice to Shedit Fitness Pty Ltd (Notice).
15.3 LOCK IN MEMBERSHIP PLANS
If you are on a Shedit All Access 'Results', Minor’s Membership, Shedit Foundation, General Facility Access, or FIFO Membership Plan:
(A) you must pay Shedit Fitness Pty Ltd the Cancellation Fee specified in the Membership Agreement, if the Notice is prior to the expiry of the Minimum Term; or
(B) no Cancellation Fee is payable, if the Notice is after the expiry of the Minimum Term and we will refund any pro-rata direct debit that covers a period of time past the Notice period.
15.4 SHEDIT ALL ACCESS 'Freedom'
If you are on a Shedit All Access 'Freedom' Membership Plan, you can cancel at any time without incurring a cancellation fee by providing 4 weeks Notice.
15.5 UPFRONT MEMBERS – NO REFUND
If you are on an Upfront Gym Access Membership Plan we will not refund you for any unused period of your Membership Plan Minimum Term.
Any provision of this Agreement which, by its nature, would reasonably be expected to be performed after the termination, will survive and be enforceable after such termination.
16. DISPUTE RESOLUTION
(A) The parties must, without delay and in good faith, attempt to resolve any dispute which arises out of or in connection with this Agreement prior to commencing any proceedings.
(B) If a party requires resolution of a dispute it must immediately submit full details of the dispute to the chief executive officer of the other party or, if the party is an individual, that individual.
(C) The parties acknowledge that compliance with this clause 15 is a condition precedent to any entitlement to claim relief or remedy, whether by way of proceedings in a court of law or otherwise in respect of such disputes, except:
(i) in the case of applications for urgent interlocutory relief; or
(ii) a breach by another party of this clause 15.
A notice or other communication to a party under this Agreement must be:
(A) in writing and in English; and
(B) addressed to that party to:
(i) the email address of that party that has been regularly used by the parties to correspond during the term of this Agreement (unless such email address is known to be inactive by the party giving notice); or
(ii) where email is not available, an alternative mode of communication, as agreed between the parties.
18.1 GOVERNING LAW
This Agreement is governed by the law applying in Queensland, Australia.
Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this Agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this Agreement without the prior consent of each other party (such consent not to be unreasonably withheld).
(A) Nothing contained in this Agreement creates an agency, partnership, joint venture or employment relationship between Shedit Fitness Pty Ltd and the Member or any of their respective employees, agents or contractors.
(B) Neither party nor any person acting on its behalf may hold itself out as being entitled to contract or accept payment in the name of or on account of the other party.
No party to this Agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
18.6 FURTHER ACTS AND DOCUMENTS
Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to this Agreement.
18.7 ENTIRE AGREEMENT
This Agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this Agreement.
In addition to capitalised terms defined in the Agreement Details above, capitalised terms used in this agreement will have the following meanings:
means the Activities listed in the Membership Agreement to be provided to the Member by Shedit Fitness Pty Ltd.
Direct Debit Request, DDR
means the Direct Debit Request located in the Membership Agreement authorising Westpac to debit your nominated account or credit card for Fees payable to Shedit Fitness Pty Ltd in accordance with the DDR Service Agreement.
DDR Service Agreement
means the DDR Service Agreement between you and Westpac relating to the Fees payable under the Membership Agreement located in Appendix C.
has the meaning set out in the Membership Agreement.
has the meaning set out in the Membership Agreement.
means the venue specified in the Membership Agreement.
means any applicable statute, regulation, by-law, ordinance or subordinate legislation in force from time to time in the relevant jurisdiction(s) where the Activities are performed or received and includes any industry codes of conduct.
means boxing and similar classes provided by Shedit Fitness Pty Ltd.
Member, you, your
has the meaning set out in the Membership Agreement and includes the parent or guardian of the Member if the Member is under 18 years of age. Also includes Drop in, PAYG or any other attendees who aren’t under a membership agreement.
has the meaning set out in clause 1(a) of these Terms and Conditions.
has the meaning set out in the Membership Agreement and relates to the contract length and payment terms a Member has selected.
means, in respect of a party, that party’s officers, employees, contractors (including subcontractors) and agents.
Third Party Terms
has the meaning set out in clause 9.
In this Agreement, the following rules of interpretation apply:
(A) (singular and plural) words in the singular includes the plural (and vice versa)
(B) (gender) words indicating a gender includes the corresponding words of any other gender;
(C) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(D) (person) a reference to “person” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(E) (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(F) (this Agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this Agreement, and a reference to this Agreement includes all schedules, exhibits, attachments and annexures to it;(G) document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(H) (currency) a reference to “$” or “dollar” is to Australian currency;
(I) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(J) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(K) (adverse interpretation) no provision of this Agreement will be interpreted adversely to a party because that party was responsible for the preparation of this Agreement or that provision.