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Terms & Conditions
TERMS AND CONDITIONS OF THE BOX33 KETTLEBELL ACADEMY PTY LTD ACN 628 086 653 TRADING AS BOX33 CONSULTING MEMBERSHIP AGREEMENT
The client is entitled to entry to Box33 Consulting (“the Studio”) to use the services and facilities of the Studio during the term subject to the provisions of this agreement. Notwithstanding, the Studio reserves the right to refuse entry and/or continuity of membership at its discretion at ANY time.
2. LENGTH OF SESSIONS AND APPOINTMENT TIMES
Each training session is a one (1) hour workout including thirty (30) minutes of personal training and thirty (30) minutes of accountability training. It is a requirement that all clients arrive fifteen (15) minutes prior to the commencement of their scheduled session to conduct the prescribed warm-up routine. If a client is more than fifteen (15) minutes late for a scheduled session, it will be considered a no-show and will be charged the equivalent of one (1) session at the agreed session rate.
3. PERSONAL TRAINING SESISONS
One on One Personal Training sessions are with a Personal Trainer and the client.
Semi-Private Personal Training sessions are with a Personal Trainer in a small group of up to four people.
Membership is personal to the client and is not transferable, provided that the Studio will permit the transfer of membership where it is for longer than a six (6) month period to third parties on payment of a $500 transfer fee. This is subject to the third party conducting the full consultation process, whereby being suitability assessed. The transfer will then take place at the discretion of the Director.
5. NOTICE OF AUTORENEWAL
When your initial membership term expires, your membership will be automatically renewed. In order to cancel your membership (and cancel the autorenew), you must submit a notice of written cancellation 30 days prior to the membership end date.
6. MONEY OUTSTANDING/NO ACCOUNT DETAILS
If any amount payable for your membership is not paid on the due date, access to Box33 will be suspended until such time as payments are up to date (late fees of up to $35.00 per transaction and recovery costs of up to $50 may be charged).
PLEASE NOTE: we will not allow you access until full direct debit details are provided. If your account is forwarded to an external Debt Collection agency you will also be liable for the payment of their fees.
Refunds are not provided by simply change of mind after the cooling off period has passed.
If your Personal Trainer is away on holiday or sick leave, please contact the Studio Manager and you will be allocated a temporary replacement Personal Trainer for the duration of their absence. Refunds will not be given on sessions that have to be rescheduled under these circumstances.
If your Personal Trainer is no longer with the Studio, your Studio Manager will allocate you another Personal Trainer who is suitable to your needs, and will supply them with your complete training history. Refunds will not be provided under these circumstances.
You may not transfer your Personal Training Agreement or sessions to another person. If you cancel your Box33 Consulting membership any remaining sessions must be delivered prior to cancellation and no refunds will be given for unused sessions.
Semi-Private Personal Training sessions are not with a fixed Personal Trainer. Your trainer may change depending on session time and trainer availability.
All agreements are subject to a 48-hour cooling off period:
a) The cooling off period commences at the time of signing the agreement.
b) A client may terminate a membership agreement without cause or reason during the forty-eight (48) hour cooling-off period.
c) All monies will be refunded on a pro-rata basis with the exception of any charges for services already delivered within the cooling-off period, and will be refunded within 14 days of terminating.
A 4 weeks notice period applies to all cancellations.
All cancellations must be submitted in writing to the Studio Administrator.
All Personal Training sessions are arranged on a scheduled appointment basis. In order for effective use of time, the client agrees to give 24-hours notice when cancelling an appointment. This means a cancellation should be made at least 24 hours before the scheduled appointment by contacting a Personal Trainer or the Studio Administrator. Monday appointments must be cancelled by the previous Friday. Personal Training sessions cancelled inside the 24 hours of the scheduled appointment will be charged at the normal rate of a single session. More than two consecutive no shows or five in total without fair reason forfeits any and all remaining sessions. All sessions are non-refundable and non-transferable.
CANCELLATION/TERMINATION WITHIN MINIMUM TERM – You can cancel your membership prior to the expiry of the Minimum Term if you become subject to medical incapacity, if you relocate to an area not within 30 kilometres of Box33, become bankrupt. For cancellation due to medical incapacity or relocation, you will only be permitted to cancel your membership if you produce supporting documentation to our satisfaction (in the case of medical reasons, by a qualified medical practitioner certifying that you are sick or incapacitated from undertaking any exercise regime for a period of 12 months or the remaining term of your membership, whichever is the LONGER and in the case of relocation, by an agent or employer certifying your relocation). In either of these cases, you may choose to transfer your Membership Contract to someone you introduce to the club and who has not been a member of Box33 for a minimum period of three months (relevant fees will apply). In this case the departure fee will be waived. If you do not choose this option, a departure fee will be charged depending on the number of fortnights left on the contract. Please refer below.
CANCELLATION ‘DEPARTURE FEE’ (this may be waived in special circumstances e.g. bankruptcy and permanent sickness or incapacity): This fee may allow cancellation of your contract within the minimum term period and is only offered for the reasons outlined above. For the remaining time of: 1-4 weeks $100, 5-8 weeks $200, 9-12 weeks $300 and 13-20 weeks $400 will be payable.
If you wish to cancel for any other reason, you may do so by paying the remainder of your contract out (departure fee). This is calculated by multiplying your weekly fee outlined on your contract times the number of weeks left on your minimum term. This total is to be paid on request of the cancellation.
CANCELLATION ON OR AFTER THE MINIMUM TERM – You can cancel your membership on or after the minimum term if you give us 4 weeks notice. Your termination notice must be submitted in writing to the Studio Administrator. You cannot claim a Membership Time Freeze and skip the notice period. To be clear, a Time Freeze is not available during your notice period. Where either of us terminates your membership any fees that you have not paid (for example, if you had not paid for the previous fortnight) will need to be paid or we may take action to recover the outstanding payments. A cancelation request can not be processed if your current account is overdue. Your account must be paid up to date before we can start the 4 week notice period.
10. EXPIRATION OF SESSIONS
The client is aware of the membership terms outlined in this agreement, and of the commitment to this investment. If the client fails to complete the scheduled sessions by the agreed term, all remaining training sessions will expire and the client is responsible for paying the remaining balance of membership fees.
Suspensions may be possible under the terms of this Agreement. You may suspend for a minimum of 2 weeks at a time so long as the total time suspended within the minimum term does not exceed 8 weeks. Suspension applications must be completed in writing to the Studio Administrator with reasonable notice (5 business days) prior to commencement of suspension. There is a no charge to suspend any membership unless otherwise stated in specific membership terms. Any time spent on agreement 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.
12. OBLIGATION OF CLIENTS
Clients must at all times:
1. Conduct themselves in the premises and whilst using the facilities and services of the Studio in a proper and civil manner respecting the rights and expectations of other persons using the Studio;
2. Comply with reasonable requests and directions from Personal Trainers of the Studio;
3. Provide their own medication; the Studio is not responsible for carrying medication on its premises;
4. Use a towel whenever they make use of the Studio’s services and facilities;
5. Use all equipment and facilities of the Studio only in the manner for which it is intended;
6. Replace all equipment in its correct position after use in a clean and hygienic condition;
7. Not engage in the use, sale or distribution of alcohol, anabolic steroids and other non-prescription drugs or illicit drugs in or about the Studio premises;
8. The client agrees that the Studio may refuse entry to a person who the Studio considers (at its sole discretion) to be under the influence of alcohol, drugs or any other behaviour altering substance;
9. Not smoke in or around the Studio;
10. Appropriate clothing must be worn at all times;
11. Persons under 16 years of age must be accompanied by a guardian or Personal Trainer;
12. Report to a Personal Trainer immediately upon the discovery of any damage or wear and tear of equipment that is unsafe;
13. Ask a Personal Trainer if unsure of how to perform any exercises programmed for Open Gym sessions.
13. ADDITIONAL FEES
Some services require additional fees and these include but are not limited to: any Instructional Training, Nutrition Consultations, Workshops and Courses. No refund will be given on any purchased and unused services.
14. DAMANGE TO THE STUDIO
Any Member who willfully or through their negligence damages the Studio or its property will be liable to pay for the damage.
15. SAFETY, MAINTENANCE & SERVICE DEMAND
The Studio may from time to time as reasonably necessary:
a) Close off any part of the premise or isolate any piece of equipment for maintenance and safety reasons.
b) Change the hours of opening and closing or alter class timetables in order to meet demand; or
c) Vary the studio rules.
Where this occurs the Studio will provide reasonable notice through viable signs or email notification.
16. USE OF NUTRITIONAL SUPPLEMENTS
To guarantee client safety the Studio request that all clients do not use any potentially dangerous stimulants like “diet” or “fat burning” pills of any kind. To ensure optimal results, the Studio offers natural organic based supplements to clients and can be purchased from the Studio.
In the event any part of this agreement being or becoming void or unenforceable then that part shall be severed from this Agreement with the intention that the balance of this Agreement shall remain in full force and effect, unaffected by the severance.
18. BREACH OF TERMS AND CONDITIONS
Any breach of these terms and conditions will result in a warning and any further breach will result in a second warning and your membership may be suspended or terminated.
19. DISCLAIMER OF LIABILITY
1. The client acknowledges that limited open lockers are provided for daily use by the clients on a first come first served basis. Clients should not store valuables in this area. The Studio will not be liable for loss of, damage to, client’s personal property and belongings brought on to the premises.
2. The client acknowledges that using studio facilities and services including participation in aerobic and other classes is potentially a dangerous activity and the client uses such facilities and services and participates in activities of the Studio at his/her own risk.
3. It is a condition of membership that the Studio (including the Director, Employees, Instructors and Agents) shall not be liable for any injury that may occur whilst the client makes use of the Studio’s facilities and services or for any loss or damage to property howsoever arising as a consequence of membership of the Studio or use of its facilities and services including loss or damage arising as a consequence of the act of omission or negligence of the Studio and its Employees and Agents.
4. The client indemnifies the Studio against any claim that may be made by the client or the client on behalf of a minor (including where the minor is a client) or any other person that may bring onto the premises of the Studio whether to use the facilities and services of the Studio or otherwise. All such persons use the Studio services and facilities in all respects at their own risk.
20. PRIVACY STATEMENT
21. ENTIRE AGREEMENT
This agreement and the Studio’s rules and regulations in place from time to time form the entire agreement between parties and may only be modified in writing.
The services and facilities offered under this agreement are independently owned and operated by the Studio or it approved contractors.
23. COVID-19 WAIVER
The client agrees and understands the following:
By entering this facility, you are aware that you agree to fully accept all known and unknown risks, including the potential risk of exposure to respiratory illnesses such as the coronavirus (COVID-19). The coronavirus is primarily transmitted via exhaled respiratory droplets, most often through coughing and sneezing. These droplets can travel up to 1.5 metres and are more commonly transmitted between persons rather than from equipment to persons.
Although we regularly sanitize our equipment and presently are using enhanced cleaning methods and enforcing social distancing in our facility, you understand that you may be exposed to the coronavirus or its symptoms through no fault of our own. Known coronavirus symptoms include fever, coughing, shortness of breath, pneumonia, kidney failure, and may include other symptoms, stroke or even death (collectively “Symptoms”). You understand and agree that you will hold us harmless and you will not hold us liable for any real or perceived Symptoms of COVID-19 or any other disease, illness, or condition, nor for exacerbating any existing symptoms, and you fully agree to accept all risks of entering the facility, using the equipment, working with personal trainers, attending classes, and/or interacting or being exposed to other members.
In relation to COVID-19, in the following circumstances (but no limited to), we may disclose your health information without your written authorization:
• For purposes of public health and safety;
• To government agencies for purposes of their audits, investigations and other oversight activities;
• When required by court orders, search warrants, subpoenas and as otherwise required by law;
24. DIRECT DEBIT SERVICE AGREEMENT
Credit Card Transaction Fee: VISA/Mastercard: 1.87% (Min $0.99) AMEX/Diners:4.40% (Min $0.99)
Failed Payment Fee: $14.80
The Clinet hereby authorise Global Payments Australia 1 Pty Ltd ACN 601 396 543 (Direct Debit User ID number 342190, 342191, 428198) (referred to as “Ezidebit”) to make periodic debits on behalf of the Studio.
The Client acknowledges that the debit amount will be debited from their nominated card or bank account according to the terms and conditions of their agreement with the Studio and the terms and conditions of the Direct Debit Request (and specifically the Debit Arrangement including the Fees/Charges in the Direct Debit Request).
The Client acknowledges that the details of their nominated card or bank account should be verified (eg: against a recent card or bank statement) to ensure accuracy of the details provided and they will contact their financial institution if uncertain of the accuracy of these details.
The Client acknowledges that is their responsibility to ensure that there are sufficient available/cleared funds in the nominated account by the due date to enable the direct debit to be honoured on the due date for the debit. Direct debits normally occur overnight, however transactions can take up to 3 banking business days depending on the financial institution. Accordingly, they acknowledge and agree that sufficient funds will remain in the nominated account until the debit amount has been debited from the account. If there are insufficient funds available, fees and charges may occur.
The Client authorises Ezidebit to attempt to re-process any unsuccessful payments as advised by the Studio.
25. PANDEMIC EVENTS
In the event of a Pandemic Event such as COVID-19 and either the State or Federal Government orders the closure of the Studio, the Client understands their direct debit payments will be placed on suspensions during the forced closure. The client understands that on being allowed to reopen as advised by the government the direct debit payment will automatically resume from the reopening date.
During the closure period the Studio may offer different services like Home Based Training, Online Training to help keep the Client fit and healthy during this period. This will be a new agreement.