Terms of service

1. Defined Terms

   1. In this Agreement, words importing the singular include the plural and vice versa.  References to a party includes a corporation, trust, partnership, unincorporated body, government and local authority or agency, or other entity whether or not it comprises a separate legal entity and a reference to a party to this document includes the party’s successors, permitted substitutes and permitted assigns.  Any terms used in these Terms and Conditions have the same meaning as in the balance of this Membership Application Form.

   2. In this Agreement:

      1. Agreement means the agreement comprised by this Membership Application Form, the Terms and Conditions and the FFF Rules, as amended from time to time;

      2. Agreement Date means the first date on which the Member can access the Services pursuant to these Terms and Conditions;

      3. Booking Platform means the booking platform used by Members to make bookings for Classes, Personal Training Session, Gym use, Session and Memberships;

      4. Casual Class means a one-off class in which the Services are provided to the Member;

      5. Cancellation Fee means the amount of two hundred dollars ($200.00) or such other amount as advised by FFF from time to time that represents the loss suffered by FFF as a result of the Member’s cancellation of the Membership. 

      6. Creche Service means the creche service offered by FFF Fitness for the children of Members; 

      7. Creche Terms and Conditions means the terms and conditions made and published by FFF from time to time for the Creche Service;

      8. Fee means the fees payable to FFF for the provision of the Membership and/or the Sessions, as advised by FFF from time-to-time;

      9. FFF means FFF Fitness Pty Ltd ACN 167 048 848 trading as Freedom Lifestyle and Fitness ABN 63 167 048 848;

      10. FFF Rules means any rules made and published by FFF from time-to-time;

      11. Member means the person specified as the Member in Section 1 of Membership Application Form;

      12. Membership means an ongoing membership which provides the Member with access to the Services in accordance with these Terms and Conditions and any specific FFF Rules relating to the specific Membership Type as specified in Item 3 of this Agreement or as amended from time-to-time by agreement between the parties;

      13. Payment Date means the date or dates on which payment of the Fee is due to be paid by the Member, as follows:

1. 1. 1. 1. for a Casual Class and/or a Session, prior to receiving the Services at a time determined by FFF; and/or

         2. for a Membership, on a recurring basis in accordance with the frequency specified in Section 3 of the Membership Application Form;

1. 1. 1. Personnel means any employees employed by and/or contractors or subcontractors engaged by FFF to provide the Services on behalf of FFF;

      2. Privacy Policy means FFF’s privacy policy as updated from time-to-time;

      3. Provision Date means the date or dates on which the Services are provided by FFF to the Member, as advised in advance by FFF to the Member;’

      4. Provision Times means the time/s on the Provision Dates during which the Services are provided by FFF to the Member, as published in the Timetable or as advised in advance by FFF to the Member;

      5. Services means the personal training, fitness classes, gym equipment, nutritional coaching and/or mindset coaching made available to the Member by FFF Fitness from time-to-time, in accordance with these Terms and Conditions;

      6. Session means a fixed term of recurring sessions or one-off Sessions for those other services specified in Section 3;

      7. Term means the period of time commencing on the Agreement Date and ending on:

1. 1. 1. 1. for a casual class, the date that is the Provision Date;

         2. for a Session, the date that is the last Provision Date;

         3. for a Membership, the date on which the Membership ends in accordance with this Agreement;

1. 1. 1. Terms and Conditions means these terms and conditions;

      2. Timetable means the timetable published by FFF detailing the Provisions Dates and Provision Times, as amended from time-to-time in FFF’s sole discretion. 

      3. Transfer Fee means the amount of sixty dollars ($60.00) or such other amount as advised by FFF from time to time.

 

1. Provision of the Services 

   1. In consideration of the payment of the Fee, FFF agrees to provide the Services to the Member on the Provision Date/s, or on an alternative date/s and time in accordance with this Agreement.

   2. The scope of Services is strictly limited to those Services specified in this Agreement, unless otherwise agreed between the parties in writing from time-to-time.

   3. Provided that the Member complies with their obligations under this Agreement, FFF agrees to use all reasonable endeavours to provide the Services in accordance with the Provision Dates and Provision Times, or at an a reasonable alternative date and time. 

   4. FFF may make changes to the Provisions Dates and Provision Times during which Services are delivered at any time prior to the delivery of the Services on that specific Provision Date or at that specific Provision Time, in FFF’s sole discretion. FFF may determine the Provisions Dates on which Services are delivered in consideration of any factor relevant to FFF, including (but not limited to) to public holidays.

   5. FFF warrants that they and their Personnel will provide the Services using due care and skill, as expected from a comparable service provider.

   6. FFF warrants that all Personnel delivering the Services on FFF’s behalf will hold a current working with children ‘blue card’ or equivalent, if they are providing the Services to children. 

   7. The Member will be required to promptly provide all reasonable information required by FFF (the Member Information) in order to allow FFF to provide the Services. The Member acknowledges and agrees that if the Member delays, or fails to, supply FFF with the Member Information, then FFF may be unable to perform the Services and/or perform the Services properly in accordance with any specific Provision Date or Provision Time or at all. FFF will not be liable for any delay or other issue in relation to the provision of Services caused by the Member’s failure to comply with the obligations contained in this clause.

   8. FFF may (in their sole discretion) refuse to provide the Services to the Member. 

   9. The Services are strictly non-transferrable and FFF will not provide the Services to anyone other than the Member, in accordance with this Agreement.

 

1. Bookings

   1. Members may be required make a booking in advance of the Provision Date and Provision Time for the Services via the Booking Platform or via FFF’s website or other online platforms.

   2. The Member is required to comply with any ‘cut off’ times in relation to Bookings as advised by FFF, from time-to-time.  

 

1. Fees

   1. In consideration of FFF providing the Services, the Member must pay the Fees on the Payment Dates in the manner and method as determined by FFF from time-to-time.

   2. The Member acknowledges and agrees that:

      1. they may be required to provide FFF with valid credit card details, upon request, and they hereby authorise FFF to charge their nominated credit card for the Fees as and when required by FFF; and/or

      2. they may be required to complete and execute a direct debit form in order for FFF to take the Membership Fees by way of direct debit on the Payment Dates. Any such direct debit form will be deemed to form part of this Agreement.

   3. FFF may, in their discretion, require some of the Fees to be paid prior to them providing the Services to the Member. 

   4. In the event that any payment of the Fees fails due to incorrect credit card details or insufficient funds or otherwise FFF may:

      1. charge the Member a late payment fee of ten dollars ($10.00) or such other amount as advised from time to time by FFF that represents the loss or damage suffered by FFF as a result of the Member’s conduct;

      2. immediately cease providing the Services to the Member;

      3. terminate this Agreement; and/or

      4. commence proceedings against the Member in order to collect any outstanding debts owed to FFF.

      5. in the event proceedings against the Member are commenced the debt collection agency will add their fees onto your outstanding debt balance owed to FFF.

   5. In respect of any taxable supply made under this Agreement, the Member must pay to FFF an amount equal to the prevailing GST rate, payable at the same time and in the same manner as the Fees, subject to the receipt by the Member of a valid tax invoice.

 

1. Cancellation of Services

   1. If a Member wishes to cancel a Casual Class or Session, they must provide FFF with written notice of same at least 24 hours prior to the Provision Date, in which case FFF will refund any Fees paid by the Member in relation to the Services.

   2. If a Member cancels or withdraws from a Session within 24 hours of the Provision Date and/or Provision Time, they may not be entitled to a refund of Fees paid unless such cancellation or withdrawal is due to events which are outside of the Member’s control. In which case, FFF may request that the Member provide them with evidence to support their request or withdrawal.

   3. If a Member wishes to cancel their Membership, they must provide FFF with at least thirty (30) days prior written notice but if the Membership is within the first twelve (12) month term from the Agreement Date then Member will be required to pay the Cancellation Fee.  

   4. If a Member relocates to an area that is at least sixty (60) kilometres from Toowoomba and provides FFF with  at least thirty (30) days prior written notice and written evidence of their relocation (i.e. drivers licence with new address etc or utility services account in Members name with new address etc) to the satisfaction of FFF then the Member may cancel the Membership and there will be no Cancellation Fee.  

   5. If a Member is suffering from an illness, injured or pregnant and the Member provides FFF with at least thirty (30) days prior written notice and a medical certificate that is current and valid and provided by a Doctor for the illness, injury or pregnancy to the satisfaction of FFF then the Member may cancel the Membership and there will be no Cancellation Fee.

   6. A Member must not transfer or assign their Membership to another party without first obtaining the prior written consent of FFF. If FFF provide their written consent to a transfer of a Membership then the Member is required to pay the Transfer Fee to FFF. 

   7. If a Member is suffering from an illness or injury and has a medical certificate for it then the Member may suspend their Membership on one occasion in any calendar year for a period not exceeding four (4) weeks but the Member must provide written notice to FFF of the suspension and have a valid and current Medical Certificate provided by a Doctor for the illness or injury. If the Member’s suspension period satisfies the criteria in this clause 5.7 then the Member will not be required to pay Fees during the suspension period. 

   8. If a Member has a Membership, the Membership will automatically continue (and auto renew at the end of each membership term) and Fees will continue to be payable until the Membership is validly cancelled by the Member or FFF, taking into account the Notice Period. 

   9. FFF may cancel the Services by providing the Member with reasonable prior notice, in which case FFF may refund all or part of the Fee payable for any period or Session that was to occur after the cancellation date.

   10. Unless the Member validly cancels the delivery of the Services in accordance with clause 5.1 and 5.5 above, FFF will not be required to refund any Fees paid by the Member. 

 

1. Cooling Off

   1. The Member may cancel their membership or class or Session during the cooling off period. The cooling off period ends forty-eight hours after the date that this Membership Application Form was signed by the Member. 

   2. The Member must provide written notice of their intention to cancel within the cooling off period. 

   3. Any Fees that are required to be refunded will be reimbursed to the Member within seven business days of the written notice being received by FFF. In determining the fees to be refunded to the Member, FFF are entitled to deduct from any amount refunded to the Member the fees for Services used by the Member during the cooling off period. The Member will not be entitled to a refund for any additional services paid for (e.g. materials or other goods and services not directly the subject of this Agreement.

 

1. Member Acknowledgements and Obligations

   1. The Member acknowledges and agrees that:

      1. FFF may, in their sole discretion, appoint the Personnel to perform the Services on their behalf;

      2. the Member is in a physical condition which allows them to properly participate in the Services and is not aware of any impediment that may be triggered or worsened by them participating in the Services, except those that they have specifically disclosed to FFF;

      3. they participate in the Services and use equipment solely at their own risk; 

      4. all Members who are children must be accompanied by a parent and/or guardian at all times;

      5. if the Member uses the Creche Service for their children then the Member must be physically located within the FFF premises at all times and must collect the children from the creche prior to departing from the FFF premises;

      6. if the Member uses the Creche Service then they must comply with the Creche Terms and Conditions at all times;

      7. FFF may perform first aid assistance on the Member, where necessary, and if the Member refuses to accept first aid, FFF cannot be held responsible in any way whatsoever for the repercussions of that Member not accepting first aid when offered to them by FFF;

      8. if first aid is required to be performed on the Member by FFF, the Member will complete any documentation as and when required by FFF; 

      9. the Member will abide by the FFF Rules at all times;

      10. the Member will provide all relevant information required for FFF to provide the Services to the Member in a timely manner, including any relevant medical information;

      11. if they delay, or fail to, supply FFF with the information requested pursuant to clause 2.7 above, then FFF may be unable to perform the Services in the agreed timeframe or at all;

      12. they will act with the utmost good faith in all dealings with FFF;

      13. FFF will provide the Services to the Member based solely on information provided by the Member and in accordance with the terms and conditions of this Agreement;

      14. FFF makes no representation or warranty as to any particular outcome or result as a result of FFF providing the Services;

      15. if the Member becomes aware of anything that may affect the Member’s ability to receive the Services or FFF’s ability to provide the Services to the Member, the Member must notify must notify FFF in writing and following such notification, FFF will notify the Member of the new or varied terms (if any) of this Agreement. Such variations can then be accepted by the Member by:

1. 1. 1. 1. signing a new Agreement (if FFF submits a new Agreement to the Member for signing); or

         2. otherwise in writing provided to FFF; or

         3. by continuing to receive the Services from FFF;

and any variation will always be subject to these Terms and Conditions. 

 

1. Risk and Liability

   1. The Member acknowledges and understands that use of FFF’s Services, facilities and equipment and participation in any activities at the premises which FFF operates require varying degrees of physical exertion and/or physical risk which may cause the Member’s death or personal injury. If the Member believe there is a risk to their health by participating or using FFF’s Services, facilities or equipment or participating in activities at the premises which FFF operates, the Member must inform FFF about the risk in writing.

   2. The Member is responsible for their personal belongings while at the premises which FFF operates and FFF takes no responsibility for the loss or damage of the Member’s personal belongings.

   3. The Member warrants that they have advised FFF of any medical or physical conditions which they have which may affect their use of the Services, facilities or equipment. It is the Member’s responsibility to update FFF regarding any changes to the Member’s condition as soon as they become aware of the change.

   4. FFF accepts no responsibility for any injury or death that results directly or indirectly from the use or misuse of the Services, facilities or equipment by the Member.

   5. To the fullest extent permitted by law, FFF excludes all liability in respect of any prosecution, claim, writ, action, proceeding, suit, demand, cause of action, arbitration, debt, dues, verdict, judgment, loss, cost and expense or other like matter whether present, prospective or contingent, whether arising at law, in equity or under statute and whether or not the facts, matters or circumstances giving rise to those claims are known to the parties at the date of completion of this Membership Application Form or on the date/s of delivery of the Services (each a Claim), except for any Claim that is a direct result of FFF’s negligent or wilful conduct. 

   6. To the fullest extent permitted by law, the Member releases FFF from liability for any Claim except to the extent that the Claim is as a direct result of the negligent or wilful act of FFF or its Personnel.

   7. The Member acknowledges and agrees that FFF is not liable to the Member or any other person for:

      1. any loss or damage of any kind that is directly or indirectly caused by or results from your wrongful, wilful or negligent act or omission; or

      2. any direct, incidental, special or consequential damages, including loss of profits or anticipated profits, even if notified of the possibility of that potential loss or damage.

   8. The Member indemnifies FFF against all Claims arising during or after the term of this Agreement from or in connection with:

      1. damage, loss, injury or death to the extent it is caused or contributed to by your act, negligence or default; or

      2. anything FFF is permitted to do under this Agreement; unless the Claim arises from the negligence of FFF, its Personnel, employees, contractors or agents.

2. 1. Subject to clause 8.14. the Member indemnifies FFF, its Personnel and their related entities and representatives against:

      1. all losses and expenses they incur (including legal costs on an indemnity basis); and

      2. all liabilities they incur; directly or indirectly caused by, or resulting from, any breach of this Agreement by  or any wrongful, wilful or negligent act or omission by the Member. 

3. 1. The Member indemnifies FFF against any intentional and/or unintentional damage they cause to the premises in which FFF provides the Services and/or any of FFF’s equipment, facilities or other property.

   2. FFF’s total aggregate liability for all Claims relating to this Agreement is limited to the Fees payable under this Agreement.

   3. Either party's liability for any Claim relating to this Agreement will be reduced to the extent to which the other party’s negligent or intentional act or omission contributed to the Claim. 

   4. Any representation, warranty, condition or undertaking that would be implied in these Terms and Conditions by legislation, common law, equity, trade, custom or usage is excluded to the fullest extent permitted by law.

   5. Despite clause 8.13, nothing in these Terms and Conditions excludes, restricts or modifies any condition, warranty, right or remedy conferred on the Member by the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot be excluded, restricted or modified by agreement.

   6. To the fullest extent permitted by law, FFF’s liability for a breach of a non-excludable condition or warranty is limited to, at FFF’s option:

      1. the re-supply of the Services; or

      2. the payment of the cost of having the Services supplied again.

   7. The Member acknowledges and agrees that this Agreement’s limitations of liability in this clause 8 are essential to FFF and FFF would not have entered into this Agreement in their absence.

 

1. Intellectual Property 

   1. The parties acknowledge that existing and future intellectual property rights in any intellectual property created pursuant to, or in any way connected with, the Services or this Agreement (the Intellectual Property), other than the Member Information, is the property of FFF and the Member is not permitted to use the Intellectual Property in anyway with without FFF’s prior consent. 

 

1. Confidential Information

   1. Each party must not disclose any Confidential Information or suffer or permit it to be disclosed or redistribute to any person or related corporation except:

      1. with the prior consent of the other party;

      2. where the party is required by statute, rule, regulation, judicial process or in connection with any litigation to which it is a party; or

      3. to the party’s legal and financial advisors and bankers where the recipient agrees prior to receipt to keep the information disclosed confidential.

   2. For the purpose of clause 10.1, ‘Confidential Information’ means all trade secrets and knowhow and other commercially valuable information of whatever description and in whatever form, including, without limitation, information that:

      1. contains lesson plans and structures;

      2. is by its nature confidential;

      3. is designated by a party as confidential;

      4. the recipient knows or ought to know is confidential;

      5. is “personal information”, that is, information or an opinion, whether true or not and whether recorded in a material form, about a natural person whose identity is apparent or can be readily ascertained from the information or opinion.

 

1. Photography and Videography

   1. The Member acknowledges and agrees that FFF may use the Member’s image for marketing and promotional purposes. The Member must advise FFF in writing if they do not wish to appear in marketing and promotional material.

   2. FFF reserves the right to prohibit the use (including for personal use, such as posting on the Member’s Facebook page) of any image or video which a Member takes during the delivery of the Services, in FFF’s sole discretion. 

   3. The Member acknowledges and agrees that it will not take or use photographs of other persons who are also receiving the Services, without first obtaining their consent and the consent of FFF, which may be withheld in their absolute discretion. 

 

1. Termination

   1. FFF may terminate this Agreement at any time by written notice to the Member if FFF ceases to offer the Services or if the Member breaches any term or condition of this Agreement. 

   2. If this Agreement is terminated or expires for any reason, then, in addition and without prejudice to any other rights or remedies available:

      1. the parties are immediately released from their obligations under the Services Agreement except those obligations that, by their nature, survive termination;

      2. each party retains the Claims it has against the other; and

      3. the Member must immediately pay all outstanding Fees (if any) to FFF without off-set (including any off-set for any alleged claim).

 

1. Induction 

   1. The Member may participate in a scheduled member induction program prior to commencing using the services and facilities provided by FFF. 

   2. FFF recommends that the Member participate in the member induction program and accepts no responsibility if the Member elects not to participate. 

   3. The induction focuses on various aspects of the FFF facilities including safe and correct use of equipment, facility layout, amenities and entry and exits, including emergency exits.

 

1. General

   1. FFF may appoint employees, contractors, sub-contractors or agents to perform any Services under this Agreement, in their sole discretion. 

   2. This Agreement (and any documents executed in connection with it) is the entire agreement of the parties about its subject matter and supersedes all other representations, arrangements or agreements. Other than as expressly set out in this agreement, no party has relied on any representation made by or on behalf of the other.

   3. FFF may amend these Terms and Conditions at any time upon giving the Member notice via email or by posting notices of any changes on our Facebook page and/or website. If you continue to utilise any Services on a date that is seven days after the date on which notice of the change is given, you will be deemed to have accepted these changes. 

   4. A party waives a right under this Agreement only if it does so in writing. Neither party waives a right simply because they fail to exercise a right, delays exercising a right or only exercise part of the right. A waiver of one breach of a term of this Agreement does not operate as a waiver of another breach of the same term or any other term.

   5. If a provision in this Agreement is wholly or partly invalid or unenforceable in any jurisdiction, that provision or the part of the provision that is invalid or enforceable must, to that extent, and in that jurisdiction, be treated as deleted from this Agreement. This does not affect the validity or enforceability of the remaining provisions in that jurisdiction, or of the deleted provision in any other jurisdiction.

   6. FFF may assign or otherwise deal with the benefit of any contract made pursuant to this Agreement without the Member’s consent.

   7. The Member may not assign your rights and obligations under this Agreement under any circumstances without first obtaining FFF’s written consent to do so. Any purported assignment not undertaken in accordance with this clause will be invalid.

   8. All contracts made between FFF and the Member shall be governed by and construed in accordance with the laws of the State of Queensland. The Member agrees to submit to the exclusive jurisdiction of the Queensland courts for all purposes of or in connection with such contracts.

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By entering into a Membership with FFF the Member acknowledges and agrees that:

1. to the best of their knowledge and belief, the information provided in this Membership Application Form is accurate, honest, true and correct;

2. they will promptly notify FFF of any changes to the details provided in this Membership Application Form;

3. they have read and agreed to the Terms and Conditions;

4. they understand that even if they do not sign a written Agreement to FFF, but pay the Fee or receive the Services (whichever comes first), they will be deemed to have accepted the terms of this Agreement and will be bound to them as if they have signed; and

5. this Agreement may be signed electronically and such electronic signature by the Member indicates the Member’s intention to enter into this Agreement in order to satisfy the requirements s14(1) of the Electronic Transaction (Queensland) Act 2001.