4.2 Changes to membership type
You are always able to upgrade your membership within your existing category. For example, if you start with a Kickstarter 1 and decide that you want to switch to two sessions a week instead of one, you are able to switch to a 2 sessions membership free of charge, but will be required to sign a new membership form and commence a new membership agreement with us. Unfortunately, we do not allow downgrading of memberships, so please consider your options carefully before you sign.
4.3 Responsibility for members under 18 By signing on behalf of a child, the parent or guardian agrees to be responsible for ensuring the child exercises safely, pays their membership fees and otherwise follows these Terms.
5. Minimum terms
All memberships are subject to a minimum term/minimum cost, as specified in the membership table in clause 4.1. In the event that you cancel your direct debit payments prior to the payment of the minimum cost, without written consent or alternative written payment agreement with us, you will be liable for breach of contract and required to pay damages, including, but not limited to, the outstanding minimum cost and legal fees associated with the pursuance and collection of same.
6. Outfits
You will be required to purchase your own FitFirm training outfit for use during the sessions, the cost of the outfit is not included in the package/membership.
7. Bookings
Your FitFirm training sessions can be booked in person at one of our studios, over the phone or by emailing an enquiry to norsetraining@gmail.com. Please note that all email and online bookings are subject to availability and approval. We reserve the right to reject or change your bookings by giving you reasonable prior notice (unless we are unable to do so due to circumstances outside of our control).
8. Early Arrival
You must arrive to FitFirm at least 15 minutes before your scheduled session. This is non negotiable. The allocated prep time is necessary to get you and our trainers ready for the timely commencement of your training session. It is a matter of time management and of course, safety. Clients arriving late will receive the remaining scheduled session time. That is, if your 20 minute session starts at 10.00am and you arrive at 9.50am, the time on your scheduled session still starts at 10.00am. Please note it is a very strict policy. If you think you are not going to make it to a session, you need to let us know as early as possible so that we can help you reschedule pursuant to these terms and conditions.
9. Late Arrival
Further to clause 8, clients arriving late will receive the remaining scheduled session time only, unless other arrangements have been previously made with the trainer.
10. Payment of Membership Fees
10.1 The fees you have to pay are specified in your Membership Form. If you fail to make any payment when due, we can suspend your membership and refuse you access to the services until all outstanding amounts have been paid in addition to our other rights under these Terms. Fees and charges continue to accrue during the suspension.
Payment for your session must be made prior to the session commencing (or in the studio right after the session finishes). For all Fixed Term or Ongoing memberships, you will be required to pay up front or enter into an automated invoicing payment plan. Your payment plan will be set up on a fixed payment schedule and payments will be direct debited weekly. Cancelling your booking does not cancel your direct debit payment.
By nominating a credit or debit account, you are authorising us to deduct from that account all fees and other charges for which you may be responsible pursuant to your agreement with us. Accordingly, it is essential that you keep your account details up to date.
You are responsible for making sure that there is enough money in your nominated account on the usual payment day or the next working day if that falls on a day when banks do not process payments. Any bank fees charged to us because of a rejection when we attempt to collect payments from you may be charged directly to you by us (or by the Direct Debit Provider).
If a payment remains outstanding, you agree that we (or the Direct Debit Provider) may continue to debit the nominated account for the total amount due without notice to you.
10.2 Ongoing memberships can be frozen for a maximum of 4 weeks out of any 1 year period. You have to submit your freeze before the Friday before your next payment is due.
11. Refunds
No refunds will be issued for any reason, including but not limited to relocation, illness, or unused sessions.
12. Cancellations
12.1 On time cancellations
If you cancel your session more than 24 hours before the scheduled time, you are able to reschedule it without penalty for any time before the expiry of your membership term.
12.2 Late Cancellations/No show
In the event that you cancel your session less than 24 hours before the start time, you are able to:
a. Reschedule the session for the same week for an added fee of $35; or
b. Forfeit the session.
Irrespective of the option you choose, missed classes are charged as usual.
12.3 Membership Cancellations
If you choose to cancel your membership before the end of its life, you will be required to pay the remainder of the the minimum cost specified for your membership type under clause 4.1. To effect the cancellation you must let us know in writing, by email to norsetraining@gmail.com, that you wish to cancel the membership by close of business on the Friday before your next payment is due.
12.4 Assignment of your membership
You are able to assign/transfer your membership to a friend or family member free of charge by bringing the person in to meet us and having them sign the necessary forms.
12.5 Cancellations due to Physical Impairment
In the event that you are Totally and Permanently Disabled, you are able to cancel your membership free of charge by providing a signed TPD certificate from you General Practitioner and/or specialist. Please note that a TPD certificate is not the same as a normal doctor’s certificate. We suggest talking to us immediately if you have any concerns about your health or physical capacity. Please note there will be no refunds of payments received by FitFirm.
12.6 Cancellation after minimum term. You can cancel your membership after completion of the minimum term on a 28 day (4weeks) notice.
13. Trial Period
You are able to cancel your membership to the end of an initial 4 week trial period. You have to submit your cancellation before the Friday of your 5th payment is due.
14. Safety
Health and safety is important to us and we take every step to make sure you are safe whilst on our premises and engaging in our exercise programs. Whilst we do our best to accurately profile your physical capacity on the information you give us, we strongly recommend that you seek medical advice prior to starting your FitFirm exercise program.
14.1 Your physical condition
All new FitFirm clients are required to complete a Pre-Exercise Questionnaire during or prior to their first session to establish their current health status prior to participating in an exercise program. When you hand over your completed questionnaire, you warrant that all information you have provided is complete and accurate and not misleading in any way. Where answers to questions indicate that you may be at risk, we may request that you receive clearance from a medical practitioner prior to starting your FitFirm sessions and engaging in any physical activity that may be detrimental to your health, safety, comfort or physical condition.
14.2 Changes to your physical condition
It is your responsibility to advise us of any changes in your health status that may alter your ability to perform your prescribed exercise program. You must cancel your FitFirm session (ideally by giving at least 24 hours’ notice) if you are suffering from any injury, infectious or contagious illness, disease or other ailment or whilst suffering from any physical ailment such as open cuts or sores or minor infections where there is a risk, however small, to your trainer and other members and guests. We reserve the right to cancel or discontinue a session if we feel that starting or continuing the session may be detrimental to your (or others) health, safety, comfort or physical condition.
14.3 Proper use of equipment and taking instructions
All your personal training sessions at FitFirm are supervised and led by a qualified trainer for the duration of the session. You will not be asked to operate the equipment/machines on your own and we ask that you refrain from touching, tampering with or operating the machines unless specifically directed to do so by a qualified trainer in an emergency situation. Furthermore, you will at all times follow the instructions given to you by the trainer during your session so as to avoid any injuries.
14.4 Clear mind free from intoxication
It is important that you are not under the influence of drugs or alcohol during any of your sessions. Our personal training sessions require you to be clear headed and have the mental and physical capacity to undertake and complete the session. We reserve the right to cancel or discontinue a session if we feel that you are under the influence of drugs or alcohol or that your behaviour and appearance suggests to us that you may be under the influence of drugs or alcohol.
14.5 Rules of good behaviour
At FitFirm we believe in showing respect and engaging in appropriate behaviour. In the event that your behaviour raises concerns with our staff or other members or guests, we may issue you with a verbal or written warning. Should we at any stage decide that your behaviour is detrimental to others (by affecting health, safety or another persons right of enjoyment), we may suspend or cancel your membership with immediate effect. The relevant cancellation fee will apply pursuant to clauses 4.1 and 12.3.
15. Liability
You will see that we have an Australian Consumer Law (Victoria) Exclusion Notice on display at all of our premises. You are also required to sign a Notice releasing us from any liability, insofar as the law allows. For the avoidance of any doubt however, the details of the Notice are included here as part of our Terms and Conditions also.
The Australian Consumer Law (ACL) contained in the Competition and Consumer Act 2010 (Cth) (CCA) provides certain guarantees in sections 60 to 62 (statutory guarantees) which generally require that services supplied to you:
are rendered with due care and skill,
are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier and might reasonably be expected to achieve any result you have made known to the supplier and
are supplied within a reasonable time (when no time is set).
Permitted exclusion: However, the CCA permits a supplier of recreational services to ask you to accept some limitations on those statutory guarantees. Accordingly, to the extent permitted by section 139A of the CCA, you acknowledge and agree that we exclude all liability to you for death or injury resulting from a failure by us to comply with any statutory guarantee.
In the previous sentence, “injury” means:
physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
the contraction, aggravation or acceleration of a disease; or
the coming into existence, the aggravation, acceleration or recurrence of any condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to you 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.
Reckless conduct: This exclusion of liability does not apply if you have suffered any significant personal injury that is caused by our reckless conduct (within the meaning given to those terms by the CCA).
Should you have any questions or concerns about the safe use of our equipment or the suitability of our program for you, please contact a member of our staff immediately.
16. Privacy
FitFirm acknowledges and respects the privacy of its members. The information that we collect from you is for the purpose of processing and managing your membership. The intended recipients of information you provide to us are FitFirm, its authorised staff and contracted service providers such as financial institutions and government agencies covered by Law.
You may receive communications from FitFirm from time to time updating you on items relating to Personal Training programs, our memberships or promotions. FitFirm uses a range of mediums to communicate with members including, but not restricted to, direct mail, email, SMS and telephone.
You have the right to access and alter personal information, protecting yourself in accordance with the Commonwealth Privacy Act (Amended 2001).
17. Personal Property
Please do not bring any valuables with you to your sessions at FitFirm. Your personal property is your responsibility at all times and neither we, nor our contractors, will be held responsible for any theft, loss or damage.