8 WEEK CHALLENGE TERMS AND CONDITIONS & 24/7 ACCESS - PLEASE REVIEW AND READ AND SIGN.
Challenge Agreement Terms
Date:
This Challenge agreement is between HIIT Australia Pty Ltd (HIIT) and You.
This Agreement is intended:
a) to set out the terms of HIIT’s 8-Week Challenge (the Challenge); and
b) to protect the intellectual property of HIIT made available to you during the Challenge.
In this agreement unless the contrary intention appears:
“Club” means the High Intensity Interval Training Centre at 3/178 Redland Bay Road, Capalaba, QLD, 4157.
“Members” means all members of the Club including all participants in the Challenge.
“Zoom” means the Zoom videoconferencing platform or any other similar online chat services chosen by HIIT at its discretion.
It is Agreed as follows:
HIIT will provide to you:
1. Full access to the Club between 4:50am-7:30pm Monday to Thursday, 4:50am-7pm Friday, and 5:00am-8:45am Saturday to participate in all available classes and open gym access for 8 weeks starting on the commencement date.
2. Custom eating plan tailored to your goals and monitored weekly.
3. Pre-Nutrition seminar to cover the basics of nutrition throughout the Challenge. The seminar will be held via FB Live on a specified date in the week before Challenge. If you do not attend this seminar, that is at your loss and you will not be refunded.
4. First day of challenge covers, Introduction, Muay Thai technique, strength technique and a run down of how the challenge works. The seminar will be held at the Club. If you do not attend this seminar, that is at your loss and you will not be refunded.
5. Midway Mindset Check In to help encourage and motivate you at the half way mark of the Challenge. The meeting will be held in the Club and also via FB live at a specified date in Week 4 or 5. If you do not attend this meeting, that is at your loss and you will not be refunded.
6. Post-Nutritional Meeting to teach you how to maintain your results post Challenge and setting new goals. The meeting will be held via FB Live at a specified date in Week 7. If you do not attend this meeting, that is at your loss, and you will not be refunded.
7. HIIT challenge website.
8. Weekly evaluations including but not limited to:
a) Photos - which are taken only on Day 1 and Final Day. If you cannot attend these days this is at your loss and you will not be refunded.
b) Measurements
c) Weight
On the Saturdays of weeks 1 - 7 of the Challenge between 5:00am-8:30am. The evaluations will take place at the Club in person. The evaluation times may finish earlier at the discretion of HIIT. Evaluations are only held during these set times each week and cannot be postponed or held at another time. If you cannot attend an evaluation in a particular week, you forfeit the right to attend an evaluation for that week.
9. Break up celebrations at a specified location including but not limited to:
a) Tapas
b) Limited Alcohol
c) Major prizes
If you do not attend this function, that is at your loss and you will not be refunded. Please be aware that we must follow all QLD Government health directives regarding vaccination status which includes such rules surrounding venue vaccination protocols. We are subject to the directives in place at the time of our breakup party and these directives have the potential to change at any time.
10. Two InBody analysis body scans on a specified date. If you do not attend these scans that is at your loss and you will not be refunded.
Your Obligations:
11. Must comply with all Workplace Health and Safety Legislation directions given to you or obligations imposed on you.
12. Releases HIIT, its servants, agents and contractors from any legal claims, suits and demands for minor injury, serious injury or death arising directly or indirectly from participation in the Challenge.
13. Assumes all risk for personal injury suffered during the Challenge.
14. Must keep the information, data, techniques and documents given or imparted to you during the Challenge confidential.
15. Must not divulge to any third party any sensitive or confidential information, data techniques and demands concerning the activities or intellectual property of HIIT.
Behaviour Expectations:
16. To assist us in maintaining a safe and comfortable environment for all Members and staff, the following conditions apply to all Members:
a) Entry will be refused or you may be requested to leave the Club if:
i. You are using abusive or threatening language or behaving in a threatening way.
ii. You are under the influence of drugs or alcohol.
b) The Club is a non-smoking facility.
c) Fully enclosed, clean sports shoes must be worn during workouts for safety reasons. Members are required to wear a singlet or t-shirt at all times in the Club. However, female Members may wear sports bras and crop tops if they wish. Clothing must be clean and tidy with no offensive prints or designs in consideration of other Members.
d) Use of a towel is required when participating in classes and when exercising on gym equipment to maintain hygiene and safety standards.
e) Children are not permitted anywhere within any training area. Children may remain unsupervised in the reception and/or child minding room with their legal guardian’s permission. HIIT takes no responsibility for unsupervised children.
Identification and Access
17. All Members must sign into class either via mobile app or via the iPad in reception. This is a requirement for health and safety and a part of all contracts.
18. Upon becoming a Member or prior to the commencement of the Challenge, whichever is earlier, a photo will be taken of you for security reasons relating to the safety of Members.
19. The photograph will not be used for any other purposes and will be stored securely on our database.
20. All ‘guest visitors’ to the Club are required to book in and sign into class as per members do.
21. Entry to the Club may be refused as a result of unpaid or outstanding fees.
Your Obligation in Relation to your Health
22. On the day you enter into this agreement and each time you use the Club, you promise us that:
a) you are in good physical condition
b) you have disclosed to us any condition which may cause a health risk to you if you undertake any exercise or program in the club or use equipment in the Club
c) you know of no medical or other reason why you cannot or should not do active or passive exercise.
23. Our staff and contractors are not medically trained. They are not qualified to assess the exact state of your physical condition, your prior medical history, or whether you can exercise without risking your health, your safety or comfort levels. If you have any doubts, it is your responsibility to seek medical advice before starting an exercise or training program.
24. Undertaking training and exercise activities in the Club does carry risk and you need to understand that these activities may impact your health. This risk is assumed by you when you undertake these activities. HIIT will not be responsible and you hereby release HIIT from any liability if you are injured or suffer an adverse medical condition whilst exercising, training or undertaking similar activities in the Club.
25. HIIT reserves the right to require a medical certificate from you before you undertake certain training at the Club.
Valuables
26. Luggage racks are available and are located in the Club. You are responsible for looking after your personal items. HIIT employees, agents or contractors are not responsible for any loss of personal property. Valuables should be kept with you or at home while using the Club.
Lost Property
27. Any items of lost clothing will be held for two weeks, and then donated to charity.
Reservations to HIIT
28. HIIT reserves the right to make changes to exercise equipment supplied in the Clubs at any time.
29. HIIT also reserves the right to make changes to its group fitness timetable at any time. (i.e. alter class type, times and instructors).
30. HIIT may revoke a Member’s right to enter the Club or use its facilities if a Member’s account is in arrears in excess of $50.00.
31. All memberships payable via direct debit or credit card, if your automatic payment reverses or is returned to us by your financial institution, we will attempt to contact you about retrying the debit. If the debit remains outstanding it will be processed within 7 days of the reversal and will include any reversal and late fees that apply.
Debt Collection Agencies
32. If unpaid fees remain outstanding, and after attempts by us to rectify the arrears, we may engage a collection agency to request recovery.
33. If paying by direct debit, upon default by the Member in regard to any obligation under this agreement and failure to remedy the default after notification by the direct debit service provider, the Member authorises our direct debiting service provider to notify any debt collection agency of the default. Should this occur then at HIIT’s sole discretion it may terminate this Agreement at which time the full outstanding balance of fees shall remain due in full. The Member authorises our direct debiting service provider to add to the outstanding debt a fee of $50 and an amount equivalent to 25% of the full outstanding balance upon initial referral to the debt collection/credit reporting agency.
Booking System
34. HIIT requires all Members who wish to attend a group exercise class (class) to make a booking to attend the class in advance.
35. HIIT will advise Members of the system for booking the classes and reserves the right to vary the system at any time.
36. You must notify HIIT if you are unable to attend a class which you have previously booked no less than one hour prior to the commencement of the class.
37. In the event you do not give notice in accordance with paragraph 37 on two occasions in the course of a calendar month, you are not allowed to attend a further class for three (3) days from the date of the class you were unable to attend.
38. In the event you do not give notice in accordance with paragraph 37 on three occasions in the course of a calendar month, you are not allowed to attend a further class for seven (7) days from the date of the class you were unable to attend.
39. You agree that if HIIT imposes the limitations on your ability to book classes pursuant to paragraphs 39 or 40, you will not be entitled to any refund of your fees or compensation.
Suspension for Unforeseen Circumstances
40. You agree that in the event of the Club becoming inaccessible owing to an event or circumstance which is beyond the control and without the fault or negligence of HIIT, including but not limited to: fire, flood, pandemic, infectious disease, government initiated lockdown, act of god, the Challenge will be automatically suspended from the date of such inaccessibility commencing until access to the Club is restored. You will be refunded fees paid in proportion to and pro rata with the period of inaccessibility, less any reasonable costs incurred by HIIT arising from your participation in the Challenge.
Child-Minding Service
41. HIIT will provide a free child minding service to Members so that they can undertake a 9:00am class Monday-Friday (9:00 class).
42. The child-minding service will last for the duration of the 9:00 class.
43. The child-minding room will be staffed from 8:50am on each day the service is provided.
44. Members who attend the Club for a 9:00 class must ensure any child accompanying the Member is in the child-minding room before the class commences.
45. While HIIT will take reasonable steps to ensure children remain in the child-minding room, the parents of the child bear ultimate responsibility for ensuring the child remains in the room.
46. No food or drinks except water & formula can be brought into the child-minding room.
47. While in the child-minding room, if your child becomes upset, is unable to be settled, misbehaves or needs a nappy change, our staff will inform you and you will have to stop class and come and attend to your child.
48. Unless you direct us otherwise, all toilet trained children will be assisted by HIIT staff to go to the toilet on an as needs basis.
49. The child-minding service is available Monday – Friday 9am-10am.
50. Bouncers are available for use in the child-minding room; However, Members may bring their own.
51. Unwell children, including but not limited to children with symptoms such as coloured phlegm, nasal mucus, raised temperature, coughing, and HFMD will not be allowed in the child-minding room and our staff will ask you to leave. Please respect the health of other children and our staff.
52. To the fullest extent allowed at law, you hereby release HIIT from any liability for any injury suffered by your child when in the child-minding room. You hereby agree to indemnify HIIT for any loss or damage incurred by HIIT owing to or connected with the actions of your child when in the child-minding room.
Guardian’s Guarantee
53. If you are less than 18 years of age, then this Agreement must be executed on your behalf by your parent or guardian (your Guardian).
54. In the event of this Agreement being executed on your behalf by your Guardian pursuant to paragraph 54, and in consideration of HIIT at the request of your Guardian entering into this Agreement with you (which request your Guardian by its execution of this Agreement acknowledges), your Guardian hereby guarantees to HIIT the due and punctual payment of all moneys agreed to be paid pursuant to this Agreement and the due and punctual performance and observance by you of all the obligations and conditions therein contained.
Payment
55. You agree to pay for the services provided under this Agreement using one of the methods outlined at either clauses 59-60 (Method A) or clauses 61-65 (Method B).
56. You will select the method of payment at the conclusion of this document.
57. You agree to pay for the services provided under this Agreement in the amounts stated for your chosen method of payment.
(Method A – Member)
58. A total amount of $299 inclusive of GST must be paid in full by the commencement date of the Challenge. This is non-refundable, non-transferable, non-exchangeable, and includes any deposit paid by you prior to you entering into this Agreement.
59. For the duration of the 8 weeks of challenge, you will continue your current direct debiting membership.
(Method B – Non Member)
60. A total amount of $299 inclusive of GST must be paid in full by the commencement of the Challenge. This is non-refundable, non-transferable, non-exchangeable, and includes any deposit paid by you prior to you entering into this Agreement.
61. For the duration of the 8 weeks of challenge, you will be signing up to a direct debiting weekly challenge membership of $50 per week. Payable via direct debit or credit card. Totalling $400. This will be deducted on the first Saturday of challenge and debited every week thereafter for 8 weeks.
62. Should there be any arrears in payments you authorise our direct debiting service provider to debit outstanding balance to bring the account up to date.
63. The $400.00 GST inclusive amount is payable regardless of whether you complete the Challenge, as HIIT will have incurred costs and expenses in preparing for your participation in the Challenge.
Medical Dietitian Clause
If, due to medical reasons, the participant is required to be dieted by our medical dietitian, an additional fee of $100 will be charged on top of the standard challenge fee. This determination will be made upon review of the participant’s submitted information, and the participant will be notified prior to the commencement of the challenge if this applies.
I agree to pay for the services provided under this Agreement in the amount and using the method described in:
By either:
Method A - Member (Clauses 58-59) - because I’m a current member.
or
Method B - Non Member (Clauses 60-63) - because I’m not currently a member.
I understand that if, due to medical reasons, I am required to be dieted by the program’s medical dietitian, an additional fee of $100 will be charged on top of the standard fee. I will be notified of this requirement upon review of my submitted information prior to the program's commencement.
Please continue for the next part of your challenge contract:
T&C’s for 24/7 access
HIIT Australia Pty LTD Membership Agreement –
8 WEEK CHALLENGE - 24/7 ACCESS
Gym Address: Unit 3/178 Redland Bay Rd, Capalaba QLD 4157
IMPORTANT NOTICE This Agreement outlines your rights and responsibilities as a Member of HIIT Australia Pty LTD. It includes the attached Terms and any referenced documents such as Club Rules and our Privacy Policy. Please read this Agreement carefully before signing, as it forms a legally binding contract between you and HIIT Australia Pty LTD.
Electronic Communication By signing this Agreement, you consent to receiving all notices, communications, and this Agreement electronically in compliance with the Electronic Transactions (Queensland) Act 2001. Electronic communication is legally binding and has the same effect as written communication. Members must keep their contact details up to date.
1. ACCESS & SECURITY
24/7 Access Terms: Members acknowledge that they have 24/7 access to the gym, including outside staffed hours.
Wireless Access System: Access is granted through a secure wireless scanning system via a mobile device. Members must not share their access credentials with anyone.
No Tailgating Policy: Each Member must scan their own access credentials upon entry.
Security Cameras: Security cameras operate in all common areas for safety purposes, and Members consent to being recorded.
Emergency Protocols: Members must follow all emergency protocols. Duress buttons are available in case of emergency.
Sauna Access Restriction: No access is permitted to the sauna outside of staffed hours.
Restricted Areas: Members are strictly prohibited from entering the office or kitchen at any time.
Childminding Facility: The childminding facility is closed outside of staffed hours. Members are not permitted to bring children into the gym at any time outside of staffed hours.
2. MEMBER RESPONSIBILITIES & CODE OF CONDUCT
No Guests Policy: Only registered Members may access the gym.
Proper Use of Equipment: Members must use equipment safely and return weights after use.
Cleanliness & Hygiene: Members must wipe down equipment after use and bring a towel.
Noise Restrictions: Noise levels must be kept to a minimum, especially during night hours.
Substance Policy: The use of alcohol, drugs, and performance-enhancing substances is strictly prohibited.
4. HEALTH & SAFETY WAIVERS
Liability Waiver: Members acknowledge that gym use is at their own risk. HIIT Australia Pty LTD and its officers, employees, contractors, and agents are not liable for any injury, loss, or damage suffered by Members while using the facilities, except where required by law.
Acknowledgment of Risk: Members acknowledge that the gym is an unsupervised facility and that engaging in physical activity carries inherent risks, including but not limited to serious injury or death.
Indemnity Clause: Members agree to indemnify HIIT Australia Pty LTD from any claims, damages, or liabilities arising from their use of the gym, including claims from third parties.
Emergency Medical Consent: In case of an emergency, gym staff may contact emergency services on behalf of the Member. Members release HIIT Australia Pty LTD from any liability related to emergency medical treatment provided.
Statutory Compliance: Nothing in this agreement excludes, restricts, or modifies any rights under the Australian Consumer Law (ACL), including guarantees that services are provided with due care and skill.
5. LIABILITY & INDEMNIFICATION
Member Assumption of Risk: Members voluntarily assume all risks associated with gym use, including personal injury, property damage, equipment malfunction, or unforeseen hazards.
Waiver of Claims: Members waive, release, and discharge HIIT Australia Pty LTD and its employees, officers, and contractors from liability for personal injury, death, disability, property damage, or financial loss, except where prohibited by law.
Equipment Use Liability: Members are responsible for inspecting equipment before use. Any equipment malfunction, defect, or damage must be reported immediately. HIIT Australia Pty LTD is not liable for injuries resulting from improper use or failure to report faulty equipment.
Legal Costs & Indemnification: Members agree to indemnify HIIT Australia Pty LTD against claims, legal actions, or demands, including legal fees, resulting from their actions or negligence.
Third-Party Liability: HIIT Australia Pty LTD is not liable for injuries caused by another Member’s actions, such as improper equipment use or reckless behaviour.
6. PROPERTY DAMAGE & THEFT
Member Financial Responsibility: Members are financially responsible for any damage they cause to gym property, equipment, or fixtures, whether intentional or due to negligence.
Lost or Stolen Items: HIIT Australia Pty LTD is not responsible for lost, stolen, or damaged personal property, including belongings left unattended or stored in lockers.
Locker Use: Lockers are for temporary use during workouts only. Items left overnight may be removed by staff.
Prohibited Items: Members must not bring weapons, hazardous substances, or illegal drugs onto gym premises. Violations may result in immediate membership termination and legal action.
7. EMERGENCY SITUATIONS & MEDICAL EVENTS
No Staff Obligation to Assist: HIIT Australia Pty LTD does not provide on-site medical supervision. Members must call emergency services or use emergency alert systems when needed.
Medical Release: Gym staff are not required to administer first aid. Any assistance provided is voluntary and does not create liability.
Member Medical Declaration: Members are responsible for ensuring they are medically fit to exercise. HIIT Australia Pty LTD is not responsible for medical complications arising from exercise.
8. LEGAL COMPLIANCE & DISPUTES
Governing Law: This Agreement is governed by the laws of Queensland, Australia.
Dispute Resolution: Members agree to attempt mediation before pursuing legal action. Any disputes must be resolved through binding arbitration rather than court proceedings.
Amendments & Policy Changes: HIIT Australia Pty LTD reserves the right to update terms and policies with reasonable notice to Members.
By signing below, you confirm that you have read and agree to abide by the terms of this Agreement.