In this agreement there are some words and terms used repeatedly. To make the agreement easier to understand, the terms and words used have the following meanings.
- Body and Row, The Company, us, we, our means Body and Row Pty Ltd; ACN 638 152 717.
- Member, client, you, your means the person described in the Membership Agreement Form and there referred to as member.
- Membership means a membership of Body and Row Pty Ltd trading as Body and Row
- Agreement means this contract
- Body and Row Membership is a basic membership which allows access to the original joining club and any other features outlined in the membership agreement
- Rules means the rules specified in these terms and conditions, in club/studio signs and handouts, rules for using club/studio equipment and behaviour.
2.1 - This membership is a legally binding contract between you and us.
2.2 - By entering into this agreement you purchase a membership of services and you agree to all the terms and conditions
2.3 – You acknowledge that either the Company, nor any on behalf of the Company, has made any representations or promises upon which you are relying in entering into this agreement unless set out in this agreement
2.4 – You agree that this document sets out the complete agreement between you and us.
2.5 – If any part of this agreement is invalid is invalid or unenforceable, the remaining parts will continue.
2.6 – If the Company does not exercise any rights it has under this agreement it is not giving away those rights. Those rights may still be exercised later.
2.7 – Body and Row reserves the right to change conditions of Membership, hours of operation, services offered and all fees and charges, at any time, at its sole discretion and without prior notice to the Member. Any such changes will be notified to you through either a newsletter published from time to time, the website, notices in the club and/or mailing / emailing to your last known address.
2.8 - You acknowledge that no one has made any representations (whether verbal or written) to induce you to enter this Agreement and that no verbal agreements or understandings have been made with Body and Row unless as set out in this Agreement.
2.9 - You acknowledge that any free membership time/training cannot be applied towards your membership minimum term.
2.10 - You agree to receive marketing correspondence via electronic transmission on regular basis which may include (but not limited to) newsletters and promotional material.
2.11 - Your membership will automatically renew after the initial term unless otherwise notified to Body and Row in writing.
We provide the following memberships:
- Body and Row 4 classes/week – Maximum four classes per week at the club which you sign.
- Body and Row 3 classes/week – Maximum three classes per week at the club which you sign.
- Body and Row 2 classes/week – Maximum two classes per week at the club which you sign.
- Commit – Commitment of six Fortnightly payments followed by a rolling fortnight to fortnight membership until we are notified to cancel by you.
- Cancellation fees will apply if you wish to cancel during the commitment period.
- Upfront – Payment of your membership may be paid upfront in full. This membership is non refundable and cannot be cancelled.
pausing a membership
4.1 – A pause membership option is available on all memberships types. The pause membership is available in weekly blocks with a minimum of one week and a maximum of four weeks.
4.2 - If you are currently in a commitment period and you take a Pause then your commitment period will extend for the additional length of any Pause taken. A fee will be charged for each Pause made.
4.3 – Members who are unable by reason of temporary physical incapacity (minimum 10 days) to utilize the fitness services may seek to temporarily put their membership agreement on hold. Reasonable admin charges may be applied.
4.4 – Your membership permits use of our premises, facilities, equipment and services in accordance with the conditions applicable to that category of membership.
4.5 – Membership is subject to current terms and conditions, company policies, rules and limitations and to any future changes to those terms and conditions, policies, rules and limitations.
4.6 – Memberships are assignable to a new owner of the business, at the sale or assignment of the business.
4.7 – Memberships are not refundable expect as provided by law.
4.8 – You must ensure that you keep us informed of any details that affect your membership. This includes changes to your contact details, address and nominated account details.
4.9 - A Pause Fee of $20.00 per fortnight will be charged during any such Pause period.
paying for memberships
5.1 – Fees and charges payable by you, as set out on the Membership Agreement, are payable in advance.
5.2 – Upon joining The Company, you authorize us to charge or cause transfers to be made from your nominated account.
5.3 – The above authorisation is a continuing authorisation until your membership is terminated or cancelled and continues upon assignment of the agreement to a new owner of the business.
5.4 – The above authorisation includes (but is not limited to) membership fees, membership card fee, GST and any unpaid fees. Rate includes GST at 10%, if GST rate was increased the GST payable would be amended to reflect this.
5.5 – We may recover from you any merchant or other fees attendant upon credit card use or charged to us as a result of payment by you, whether by credit card or otherwise.
5.6 – We reserve the right to charge you a processing fee being the reprocessing fee in the event of dishonor of your direct debit or any failed payment.
5.7 – We use a third party as a direct debit billing provider and you may be asked to fill out a Direct Debit Request (DDR) to allow deductions from your financial institution of choice.
cancelling your membership
6.1 – A minimum of two weeks written notice is required to terminate membership either via email or delivered to the club in person. This notice is taken from the next available direct debit date.
6.2 – If you wish to cancel your membership before you have completed your contract term. The following charges apply:
Body and Row 2 classes/week - 3 Month Commitment: Cancellation can not occur before you have completed 6 direct debits. Cancellations within minimum period will require payout of all outstanding monies as per agreement.
Body and Row 3 classes/week - 3 Month Commitment: Cancellation can not occur before you have completed 6 direct debits. Cancellations within minimum period will require payout of all outstanding monies as per agreement.
Body and Row 4 classes/week – 3 Month Commitment: Cancellation can not occur before you have completed 6 direct debits. Cancellations within minimum period will require payout of all outstanding monies as per agreement.
class booking and cancellations
7.1 – Class spaces are limited and we strongly recommend that you pre-book online to reserve a space.
7.2 – If you pre-book a class and fail to cancel or attend, a $10 cancellation fee will be debited from your account.
7.3 – Cancelation on pre booking can be done up to 4 hours before class to avoid late cancel fee.
7.4 - Due to very limited spaces a no show fee is $15 and late cancel fee is $10.
7.5 - Classes can only be used within each week, all classes are non-transferable.
7.6 - Any pack purchase is non refundable and have expiry time in place.
cooling off period
8.1 - You may cancel the contract at any time before midnight on the seventh calendar day after joining, by delivery in writing to your home club/studio or the address shown on the membership agreement. This notice may also be given by email. Please note that various promotions may apply when you join that extend the cooling off period.
8.2 – Upon cancellation under this clause you will be refunded 80% of the fees and monies paid. This refund will be paid via EFT or cheque within 10 business days. No cash refunds will be issued.
transferring your membership
9.1 – You can elect to transfer your membership to another person. Please note that a transfer fee will apply.
9.2 – We can transfer your contract to a person, firm or company at any time without giving you notice. We can also sub-contract our obligations to someone else without notice.
using the club
10.1 – Members must be at least 14 years old to exercise.
10.2 – We recommend that, if you are under 18, you seek medical advice about the right exercise for you.
10.3 – Your membership allows you to use the club/studio as per the terms and conditions.
10.4 – Guests: Guests will be subject to the same rules as members. The guest must sign a guest waiver.
10.5 - Membership card – you will be provided with an access card. When you join, if you try to access the club/studio without your access card or photo identification we may refuse you entry.
10.6 – Storage/pigeon holes – we provide storage/pigeon holes for use when you are exercising in the club/studio. These are not security lockers and valuables are left in there at your own risk. A storage/pigeon holes are not to be used to store your personal belonging when you are not in the club.
10.7 - Clothes – all members and guests must ensure that they are wearing suitable clothes and enclosed sports shoes in all exercise areas.
11.1 - You are responsible for using our facilities, equipment and services correctly. If you are in doubt please see a staff member prior to using the facilities, equipment or services.
11.2 - We reserve the right to remove, delete or replace equipment and/or services at our clubs/studios.
11.3 - We also reserve the right to vary equipment, services, classes and hours of operation at our clubs/studios.
11.4 - It is acknowledged that equipment and services are available on a “first come, first served” basis and must be pre-booked in order to secure a position within the class.
11.5 - We may on occasion close a club/studio for refurbishment. If we close for more than 2 days you may request a time freeze at no cost.
11.6 - Membership fees will not be reduced due to a club/studio closure for renovations or due to closure on a public holiday.
physical condition/medical advice
12.1 - It is up to you to let us know if you have any medical or physical condition which might prevent or affect your use of our facilities or services.
12.2 - By entering into this agreement you are representing that you have no such adverse medical or physical condition and that you are not aware of any health or medical reason why you should not use our facilities and services.
12.3 - You also acknowledge that we have not given you medical advice and cannot in the future give you medical advice in respect of your condition and your ability to use the facilities or services.
12.4 - You should check with your doctor before using the facilities or services if you have any doubts or concerns in that regard.
12.5 - If your medical condition changes after you join you must inform us prior to using the facilities or services.
13.1 - You acknowledge that the use of our facilities and services involves risk of injury ranging from minor injury to death. This includes the risk of soft tissue injuries, broken bones and joint injuries.
13.2 - You agree to make sure that you know how to exercise safely and will ask for assistance or advice if necessary.
13.3 - You agree that your use of facilities and services is on the basis that you accept such risk and that you agree that the Company its officers, directors, employees, volunteers, agents and independent contractors will not be liable for any injury (including, but not limited to, personal, bodily or mental injury, economic loss or damage) to you, your partner, spouse, unborn child or relatives.
13.4 - You also agree that we will not be liable for any personal property that is damaged, lost or stolen while on our premises unless caused by an act of gross negligence by the Company. This includes any motor vehicle and anything in any motor vehicle.
13.5 - You will be responsible for the cost of repair and/or replacement of any damage contributed to or caused to our property by you or your guest.
rules and regulations
14.1 - You acknowledge that we have in place membership policies, rules and regulations for the use of equipment, use of the premises and services and in relation to membership that may vary from club to club and studio to studio.
14.2 - We reserve the right to vary such policies, rules and regulations from time to time.
14.3 - Violation of membership policy, rules and regulations may result in termination of membership at our sole discretion.
14.4 - We reserve the right to refuse entry to anyone, including members.
14.5 - We reserve the right to cancel membership for breach of the agreement, misconduct, damage to equipment, inappropriate behaviour or drug use, including where circumstances so warrant, without notice or warning.