Terms + Conditions
Welcome to The Clubhouse Sweat Studio. To ensure that The Clubhouse Sweat Studio is able to provide a safe and comfortable environment for all members and staff, we require all members to comply with the terms and conditions of The Clubhouse Sweat Studio (The Trustee for The Lifestyle Group Trust). These Terms may change as we continue to evolve our business.
You should only indicate your acceptance of the terms and conditions (online) if you understand and agree with them. Take your time to read them and feel free to contact the studio to clarify any questions you may have. By indicating that you have accepted the terms and conditions, or by using any of our services, you agree that you have been provided with the opportunity to read and consider the terms and conditions, you understand them, and you agree to be legally bound by them.
Terms & Conditions
Introduction
By indicating that you accept these terms and conditions, or by attending any training session at The Clubhouse Sweat Studio (The Trustee for The Lifestyle Group Trust), you are acknowledging and agreeing to abide by the rules of the membership; you are medically sound to undertake a Clubhouse Sweat training session and that you comply with our Contraindications Policy, you use the studio facilities are your sole risk and responsibility and you are aware that exercise is physically demanding and participation in some activities may pose a risk to your health. There terms and conditions can also be accessed on the Clubhouse Sweat Studio website https://www.clubhousesweat.com.au
The Membership, Training and Movement Service and Release of Liability Agreement (“The Agreement”) is between The Trustee for The Lifestyle Group Trust and you, the Client (individually, if you are the Client, and/or as agents or guardian of the Client). It is agreed by The Trustee for The Lifestyle Group Trust and the Client that Client is purchasing, for the benefit of the Client, a fitness program membership and health service, from The Trustee for The Lifestyle Group Trust according to the terms of this Service Agreement.
Definitions
In this agreement, a reference to “you”, “member” and “client” is a reference to the Client (individually, if you are the Client, and/or as agents or guardian of the Client) in which the membership account has been created. A reference to a party includes that party’s legal personal representatives, heirs, and successors. “Outsourced Payment Provider” or “OPP” means the provider of outsourced payment services and other financial services nominated by The Trustee for The Lifestyle Group Trust from time to time, including direct debit, eCommerce, credit card payments and cash. A reference to The Clubhouse Sweat Studio is a reference to The Trustee for The Lifestyle Group Trust and vice versa.” The Trustee for The Lifestyle Group Trust” means (as the context requires) the entity that owns and operates The Clubhouse Sweat Studio which collects payments for all sessions at The Clubhouse Sweat Studio. “The Clubhouse Sweat Studio terms and conditions” means the Clubhouse Sweat Studio terms and conditions set out in this document, as updated from time to time by The Trustee for The Lifestyle Group Trust. A copy of the current terms and conditions can also be found on the website at https://www.clubhousesweat.com.au
Arrival Time and Cancelled Sessions
All clients must arrive 10 minutes prior to the start of a session. If a client arrives late to a scheduled session, the client acknowledges that the session will conclude at the prescheduled time. If the client member arrives in excess of 10 minutes late, the studio reserves the right to not accept the client for the session with payment in full for the cancelled session. All sessions must be paid prior to commencing exercise; in the event of an outstanding amount the member is responsible to pay the balance prior to the commencement of the session.
The Clubhouse Sweat Studio requires all weekly sessions to be booked in advance. If a member fails to attend a booked session or provides less than a minimum of 6 hours’ prior notice of cancellation the studio reserves the right to cancel the session with payment in full for the cancelled session and to add a late cancellation fee of $7.
Expiry of sessions
Sessions are valid for a specific period after they are paid for, according to the type of membership and payment arrangements under which the sessions are purchased. The special conditions relevant to your membership specify the expiry date for your sessions. A request for extension of the expiry date for any session must be made to the home studio in writing. Members are not entitled to a refund or credit for expired sessions.
General conditions of entry
To assist us in maintaining a safe and comfortable environment for all clients and staff, you are required to abide by the following conditions and failure to abide by these conditions may result in the suspension or termination of your membership. Entry will be refused, or you may be requested to leave the studio if; you are using abusive or threatening language or behaving in a threatening way; or you are under the influence of drugs or alcohol. Smoking is not permitted in the studio. Illegal activities are not permitted in the studio, including, but not limited to, the use or sale of steroids or performance enhancing drugs.
Membership Obligations
Membership at The Clubhouse Sweat Studio requires, you, the Client, to update your contact details when they change. Comply with these terms and conditions and all guidelines in this agreement, pay all agreed fees, ensure sufficient funds are available to cover all fees and advise the studio in advance if you bank account or credit card or other payment method is closed or changed, inform us in advance if there are any risks to your health and if appropriate seek approval from your doctor or other health care practitioner before you undertake any training session. Client acknowledges that it is his/her responsibility to cancel direct debit facilities in respect of your membership when this agreement expires or is terminated.
Overdue fees and revocation of membership entitlements
All entitlements and entry into The Clubhouse Sweat 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 follow process will apply; The Clubhouse Sweat Studio or our nominated outsourced payment provider will attempt to contact you about the retrying of the debit. After a few days, the debit will be added to your debit account. 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 to rectify the arrears your membership may be forwarded to a collection agency for further action. The Clubhouse Sweat Studio reserves the right to vary the process set out in this clause by providing you with one-month advance written notice of any changes.
Payment by Direct Debit, EFT Request and Authorisation
Client hereby authorises The Clubhouse Sweat Studio or its assigns to make periodic charges or withdrawals ("EFT Authorisation") from the account used to pay the initial payment described above or replacement account designated by Client and accepted by The Clubhouse Sweat Studio for payment of any and all fees, late charges, costs, expenses or any other monies due to The Clubhouse Sweat Studio under the terms and conditions of this Agreement. Client understands that Client is entitled to notice of all varying charges and withdrawals under the EFT, but Client waives the right to receive prior notice for charges or withdrawals made with respect to any uncollected payments or portions of the balance due described above and the corresponding service charges, both of which Client agrees are not varying charges or withdrawals. Client may change the account designated herein upon thirty (30) days written notice to, and approved by, The Clubhouse Sweat Studio. Client may timely notify the financial institution in control of Client's account to terminate this Request, but such notification will constitute a default and may cause all sums under this Agreement to be due and payable immediately together with all costs of collection to extent permitted by law. The Clubhouse Sweat Studio or its assigns reserves the right to add the following fees to the Client's account balance should any of the following occur. Re-submit unpaid EFT draft - $15.00, unpaid EFT draft (after re-submittal) - $15, unpaid credit card debi t - $15, unpaid customer check - $15. Payments received more than ten (10) days after the due date are assessed a late fee - $15.
Autopay Agreement
Payments are debited weekly from your credit/debit card or nominated bank account. The Clubhouse Sweat Studio has contracted Ezidebit to provide this service. They can be contacted on www.ezidebit.com.au or by phone on +61 7 3124 5500.
It is your responsibility to ensure there are sufficient funds in the nominated account by the due date. Ezidebit charge a dishonour fee which will then be relayed onto the client plus an amount for Clubhouse handling. If membership payment fails Ezidebit will attempt to take the payment again, to avoid any additional bank fees, please contact our customer service team at admin@clubhousesweat.com.au to reschedule the payment if necessary.
Cancellation/Termination of Membership
A membership cancellation request should be provided to your studio as follows.
Relocation: If you wish to cancel your membership or any pre-paid sessions because you are relocating then The Clubhouse Sweat Studio requires evidence (such as a utility bill or similar) of the client’s new address. Cancellation based on relocation will be approved if the member has moved more than 30 kilometres from the studio location and is within the defined terms of the clients chosen membership. Should documentation satisfactorily evidencing the client’s relocation be supplied, The Clubhouse Sweat Studio will cancel the membership without any further charges. Payments made by the member for unexpired sessions that are unused as at the date of termination will be refunded to the client. Fees or charges paid to the outsourced payments provider are not refundable.
Cancellation with payment of cancellation fee: The Clubhouse Sweat Studio may agree to cancel your membership prior to completion of the minimum term on request in writing to the studio upon payment of the relevant cancellation fee if paid in full at time of cancellation request. The special conditions relevant to your membership specify the cancellation fee applicable to your particular membership. Payments made by the member for unexpired sessions that are unused as at the date of termination are non-refundable. Fees or charges paid to the outsourced payments provider are not refundable.
Permanent sickness or physical incapacity: If you wish to cancel your membership or any pre-paid sessions due to sickness or incapacity The Clubhouse Sweat Studio requires a medical certificate stating that you cannot utilise any fitness services or facilities because of your permanent illness or physical incapacity. Payments made by the member for unexpired sessions that are unused as at the date of termination will be refunded to the member. Fees or charges paid to the outsourced payments provider are not refundable.
If you cancel your membership within the minimum term you must pay The Clubhouse Sweat Studio 60% of the unpaid contract value as at the date you cancel your membership, unless the cancellation is approved by The Clubhouse Sweat Studio because it is due to reasons outlined in The Clubhouse Sweat Studio’s General Terms and Conditions.
Cancellation after completion of minimum term
After the completion of the minimum term agreed upon, the client's contract will automatically renew and rollover into another minimum term first agreed upon. Clients can not terminate their membership at any time unless outlined in their specific membership terms. Contact details of The Clubhouse Sweat Studio can be found on the website. We offer clients the chance to cancel by a written request to admin@clubhousesweat.com.au, if accepted there will be a period of 14 days unless otherwise specified, from the date of cancellation request to the date of termination. Any instalments/fees due at the date of termination (including instalment/ fees which fall due during the notice period) will remain a debt owed to and recoverable The Clubhouse Sweat Studio and/or the outsourced payment provider. Membership is not terminated until such time as The Clubhouse Sweat Studio confirms termination in writing. Termination of membership will also terminate the direct debit request authority.
Suspension/Membership freeze
The client may freeze or put on hold the Agreement with written request to The Clubhouse Sweat Studio with a minimum of 14 days prior to the requested suspension date. Once the hold request has been received and acknowledged, the clients’ classes and services will allow the client to still attend for a further 14 days. Freeze of membership & direct debit must be received in writing 14 days prior to your next direct debit date to be processed in time before payment is taken. If client has prepaid any sum for services, so much of such sum as is allocatable to services client has not taken shall not be refunded. Freezes on membership must be a minimum of two weeks and a maximum of 6 weeks. The first two weeks are at zero cost to the client but the client will then receive a $10/ weekly fee debited from the same nominated account for the remainder of the suspension.
Payment & Billing: Client has two options for payment: (1) Payment in full may be made for all services and movement sessions, or (2) Monthly or weekly payment by credit card, direct debit or EFT per the guidelines on attached Agreement. The date the Agreement is signed will be the billing date for the Client unless specified between both parties. Client will be charged either weekly or monthly on commencement of agreement. Each week or month on this date, the monthly payment is charged to the Client's credit card, or deducted from the Client's account.
Automatic renewal and rates: Client acknowledges that the Agreement will be automatically renewed on date outlined and specified in the clients specific terms to their membership. Each term shall begin the day following the previous expiration date and shall continue, in perpetuity, until such time as Client follows the necessary cancellation process in regards to their mewmbership terms. Client may also incur an annual inflation fee increase of 3% upon renewal of the Agreement terms. This increase shall be automatic and no advanced notice of such increase will be provided.
Client’s default: Client shall be deemed in default of this Agreement upon the failure to comply with any of the terms and conditions of the Agreement, including, but not limited to, the obligation to make any payment as and when due. Upon default, The Clubhouse Sweat Studio shall have all rights and remedies available, including termination of this Agreement and institution of an action for all applicable damages. If The Clubhouse Sweat Studio delays or refrains from exercising any rights under this Agreement, Ther Clubhouse Sweat Studio does not waive, nor will they lose those rights. If The Clubhouse Sweat Studio accepts late or partial payments from the buyer, The Clubhouse Sweat Studio does not waive the right to receive full and timely payments and other charges due under this Agreement.
Successors and assigns: Client agrees that all terms and conditions of this Agreement shall be binding upon the heirs, Personal Representatives, lawful successors, and assigns of Client, and anyone claiming by or through Client.
Enforceability: The parties agree that if any provision or portion of this Agreement is declared void and unenforceable, such provision or portion of a provision shall be deemed severed from this Agreement, which shall otherwise remain in full force and effect. However, Client specifically agrees all the terms and conditions are to be enforced and Client specifically waives any statute or other right of any type, which would invalidate the enforceability of any provision or portion of a provision of this Agreement.
Governing Law: This Agreement shall be governed and enforced in accordance with the laws of the State of Western Australia. In the event litigation is necessary to enforce any of the terms and conditions of this Agreement, The Clubhouse Sweat Studio and Client agree that the venue for such action shall exclusively be Perth, Western Australia, Australia.
Attorney fees: In the event either party finds it necessary to commerce litigation or other court action to enforce the terms and conditions of this Agreement, the prevailing party in such litigation or court action shall be entitled to receive their actual attorney's fees incurred, together with court costs, and other charges from the other party as a part of any ruling or judgment.
Additional Terms and Provisions
Release of Liability
Clients acknowledgement and assumption of risk and full release from liability of The Clubhouse Sweat Studio:
-Client acknowledges that the personal training/movement sessions and nutritional service programs purchased hereunder includes participation in strenuous physical activities including but not limited to, running, weight training, stationary bicycling, gymnastic movements, various aerobic conditioning machinery and various nutritional programs offered by The Clubhouse Sweat Studio (The “Physical Activities”).
-Client acknowledges these physical activities involve the inherent risk of physical injuries or other damages, including, but not limited to, heart attacks, muscles strains, pulls or tears, broken bones, shin splints, heat exhaustion, knee/lower back/foot injuries and any other illness, soreness, or injury, however caused, occurring during or after client’s participation in the physical activities.
-Client further acknowledges that such risks include, but are not limited to, injuries caused by the negligence of an instructor or other person, defective or improperly used equipment, over-exertion of a client, slip and fall by client, or an unknown health problem of client.
-Client agrees to assume all risks and responsibility arising from participation in the physical activities.
-Client affirms that is in good physical condition and does not suffer from any disability that would prevent or limit participation in the physical activities.
-Client acknowledges participation will be physically and mentally challenging, and client agrees that it is the responsibility of client to seek competent medical advice regarding any concerns or questions concerning the ability of client to take part in The Clubhouse Sweat Studio physical activities. We may occasionally take photographs/ images of the Club and its facilities (including members). We’ll always get your OK beforehand but this may not always be possible. We reserve the right to use these photographs/images for commercial purposes without payment.
By signing the Clubhouse agreement, client affirms that he or she is capable of participating in the physical activities. Client agrees to assume all risks and responsibilities for exceeding his or her physical limits. Client, on behalf of client, his or her heirs, assigns and next of kin, waives any claims against and releases The Clubhouse Sweat Studio (as well as any of its owners, employees or other authorised agents, including independent contractors) from any and all liability, claims and/or causes of action that client may have for injuries or other damages of any kind, including but not limited to punitive damages, arising out of participation in The Clubhouse Sweat Studio activities, including, but not limited to the personal training, movement sessions and nutritional programs and the physical activities.