Membership Terms and Conditions

Last updated: November 18, 2016

By participating in classes at The Space Studio you acknowledge that you have read and understood this document in its entirety.

1. THINGS TO KNOW AT THE START OF YOUR MEMBERSHIP
What type of membership do we have?
1.1 How old do you have to be?
1.2 When does your agreement start?
1.3 Can you change your mind?
1.4 What about your health?


2. THINGS TO KNOW DURING YOUR MEMBERSHIP
2.1 When do you pay membership fees?
2.2 How do direct debits work?
2.3 What happens if your payment is late or fails?
2.4 Can we change your agreement?
2.5 Can we increase fees?
2.6 Can you freeze your membership payments?
2.7 How can you protect your health?
2.8 How can you give us feedback?


3. THINGS TO KNOW AT THE END OF YOUR MEMBERSHIP
3.1 How can you cancel your membership?
3.2 How do you cancel after the minimum term?
3.3 Can you cancel during the minimum term?
3.4 Can you cancel if we change the agreement?


4. STUDIO CODE
4.1 What rules apply to the studio?
4.2 What happens if you break the studio code?


5. LEGAL STUFF YOU NEED TO KNOW
5.1 What are your responsibilities?
5.2 Do we have a privacy policy?
5.3 What happens if you have issues with outside providers?
5.4 What else should you know?
5.5 Which laws apply?
5.6 What definitions apply?

 

1 Things to know at the start of your membership

As a member, you can use our studio in line with these terms and conditions, including the Studio Code 

1.1 What types of membership do we have?

Understanding our membership options

 
 
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1.2 How old do you have to be?

Meeting our minimum age

You must be at least 16 years old to become a member. If you are 16 or 17, a parent or guardian must co-sign your membership agreement and pre-exercise questionnaire

1.3 When does your agreement start?

Signing your agreement

You have an agreement with us when you have signed it and we have accepted it. If these terms and conditions or your agreement differ from anything you are told at the studio or over the phone, these terms and your agreement will apply, unless written confirmation is received from a Space studio employee.

Understanding our rights

If we do not enforce our agreement rights at any time, it does not mean we have waived those rights, no matter how long we wait. If there is a miscalculation in your membership agreement, we have 5 days after the agreement is signed to correct it.

1.4 Can you change your mind?

Using your comfort guarantee

You can cancel your agreement during your comfort guarantee period. You have 14 days from the date you sign your initial agreement or, with a new studio, from its grand opening date. To cancel your membership, please see 3.1.

Direct Debit

We will then cancel your agreement and refund your membership fees if you have not used the studio. If you have used the studio, no refund will be paid. 

Introductory Passes and Class Passes

All purchases of passes are non-exchangeable, non-refundable and non-transferable.

1.5 What about your health?

Promising you are in good health

On the day you sign your agreement and each time you use our studio, you promise us that:

  • you are in good physical condition
  • you know of no medical or other reason why you cannot or should not do active or passive exercise.

Seeking expert advice

Our staff and contractors are not medically trained. They are not qualified to assess if you are in good physical condition and can exercise without risking your health, safety or comfort. If you have any doubts, we strongly urge you to seek expert advice before starting an exercise program.

Hot yoga

Hot yoga is performed in a heated room ranging from 20 degrees Celsius up to 40 degrees Celsius.

Please be mindful of the following precautions:

  • If you are under medical supervision or have any underlying health issue you must consult your GP or appropriate Allied Health Professional to seek clearance/approval to undertake physical activity in the studio
  • Hot yoga is not recommended for pregnant women, children or people with hypertension (high blood pressure) problems. 

2 Things to know during your membership

2.1 When do you pay membership fees?
Paying for ongoing memberships

You pay fees for ongoing memberships in advance each fortnight, by direct debit from a bank account or credit card.

Paying upfront

You can pay upfront for some memberships. Please visit the website for a list of current upfront memberships. For a Pre Paid membership, you will pay on the day you buy it. 

2.2 How do direct debits work?
Paying Fortnightly

Your fortnightly membership fees will be debited from your nominated account on the day you choose to start your membership. We use a third party to process your Direct Debit payments. 

See also 5.2 for our privacy statement and acknowledgment. 

Querying a payment
If you query a payment, we will do our best to respond within 7 days. If you are not happy with our response, you may contact your financial institution. It will handle your query in line with its own policy.

2.3 What happens if your payment is late or fails?
Losing your studio access

If you do not fully pay your fees on the due date, we will suspend your studio access until your payments are up to date and you have given us your account details.

Paying your outstanding debts

We use a third party to process your Direct Debit payments. 

2.4 Can we change your agreement?
Staying up to date with our terms

We may sometimes add to, change or remove our terms and conditions. This includes changing the studio’s opening and closing hours, its services and facilities and membership fees. Sometimes, we may also close the studio for refurbishment to improve the facilities. We do not reduce your membership fees because the studio is closed for renovations or for a public holiday.

The most up-to-date terms and conditions always apply. You can find copies on our website www.thespacestudio.com.au 

Being notified about changes

We will give you at least 28 days notice of any changes, for instance by:
• publishing them on our website
• placing a notice in the studio
• phoning you or writing to the address (post or email) you last gave us.

If we suspend the studio’s operations or services temporarily, we may send you a written notice offering you a complimentary time freeze (see 2.6).

Cancelling your membership

If we do not fulfill our obligations to you, you may be able to cancel your membership (see 3.1). Unless the law states otherwise, you won’t have any other claim against us if this happens.

2.5 Can we increase your fees?
Being notified about changes

We reserve the right to increase your fees at any time after the minimum period of your agreement has ended.

We will make a reasonable effort to tell you about this at least 28 days beforehand by writing to the address you last gave us (which may be an email address). We will consider that you have received our letter or email on the second business day after it is sent.

Authorising us to increase debits

Where we have made a reasonable effort to let you know about a fee increase, you authorise us to increase any debits from your nominated account.

2.6 Can you freeze your membership payments?
Using a ‘time freeze’ 

You can freeze your membership for 1 or more fortnights, up to a maximum of 6 fortnights each calendar year. For time freeze requests, we require 7 days’ notice prior to your next billing date. 

All requests are to be made via the contact us form on our website.

Please note that if you are within your minimum term, any time freezes are not classified as a full payment toward your contract.

The Introductory Pass and 10 Class Pass are not eligible for time freeze 

Understanding the conditions

Before freezing your membership, you must make sure your fees are up to date and you don’t owe us any money.

Note that we cannot backdate any time freeze requests. You must request a freeze when you need it. We also cannot accept pro-rata payments or freeze your direct debits outside an official time freeze.

2.7 How can you protect your health?
Telling us about your health risks

If you believe any studio activities might risk your health, you must tell us this in writing with full details. You must also tell us if your medical condition changes after you join.

We may choose to refuse your membership agreement until:

  • your doctor agrees in writing that you are fit to exercise
  • you show us proof that you have received medical advice on an appropriate exercise program.

Managing infections and illnesses You must not use studio facilities if:

  • you have an infection, contagious illness or physical ailment, such as an open cut or sore
  • there is any other risk, however small, to other members and guests.

2.8 How can you give us feedback?
We welcome your feedback

Your feedback is important in helping us to provide a great service. If you have any comments or questions about our studios, website or service. If you have a complaint please contact us via one of the methods listed below.

In the studio

Our staff are always happy to help. Ask at the studio reception. If you’d like to speak to your studio manager, let our reception team know. If no managers are immediately available, the reception team will ensure someone contacts you as soon as possible.

Online

Send us a message via our website www.thespacestudio.com.au  and you will hear from us within 5 business days. We recognise that some enquiries are more complex than others and may require more time to resolve but we will always let you know.

3 Things to know at the end of your membership

3.1 How can you cancel your membership?
Cancelling your membership

You can ask to cancel your membership by:
• emailing us
• writing to us (preferably by registered post)
• speaking to the team at the studio.

Confirming your request

When you do this, please always
• give us your email address so we can confirm your request in writing
• keep a copy of your request
• make sure that you cancel your direct debits with your financial institution.

3.2 How do you cancel after the minimum term?
Cancelling after the minimum term expires

Once the minimum term of your membership expires, you or we may cancel your membership (see 3.1). When you cancel, you must pay us any fees you owe or we may take action to recover them.
Giving us notice

You must give us 14 days’ notice to cancel, unless you are cancelling for medical reasons (with supporting evidence). We count this period from the date of your request, this means your final debit may be a pro rata amount

To ensure your direct debit does not continue past your minimum term, you must give us notice within this term.

You cannot freeze your membership payments during the notice period.

3.3 Can you cancel during the minimum term?
Cancelling without paying out your agreement

You can cancel your membership if time freeze is not suitable during the minimum term if:

  • you are sick or incapacitated – you must show us a certificate from a qualified medical practitioner stating that you cannot exercise for the rest of your term.
  • you are bankrupt–you must show us supporting documents.

We will not charge you an exit fee in these cases.

Cancelling for other reasons

You can cancel during the minimum term by paying an exit fee based on how much of your agreement remains:

  • Up to 6 months = $150
  • 6–12 months = $250

All memberships at the Space are non-transferable.

3.4 Can you cancel if we change the agreement?
Cancelling if changes to our terms & conditions adversely affect you

You can cancel your membership at any time if we change or add to these terms and conditions or the Studio Code and these changes adversely affect you.

You can also cancel your membership if we breach our obligations and we do not fix the breach in a reasonable time after you have told us about it in writing. We will refund you any membership fees you pay between the date of notification and the date on which we decide that we cannot fix the breach.

In either case, you need to give the Studio 14 days’ notice (see 3.1). We will not charge an exit fee.

Receiving a refund for prepaid programs

If you pay for a program in advance, we will refund the fee within 6 months of purchase if:

  • the program is cancelled
  • you can show us medical evidence that the program will cause you physical harm or injury
  • the law requires us to refund the fee.

We will refund any other fees that the law requires.

4. Studio Code

You must follow our Studio Code. Please read and follow all signs and handouts that tell you what to do, especially in these areas. If you don’t understand something, please ask for help.

4.1 What rules apply to the studio?
Respecting our equipment

You are responsible for using our facilities and equipment correctly, including adjusting levels or settings. If you are not sure how to operate any equipment, please ask our staff before you use it. Note that you will be responsible for any damage that you or your guests cause through a wilful act or negligence.

As a courtesy to other members, please:

  • Wear suitable clothing for heated classes when attending hot yoga
  • Arrive at least 15 minutes before the class is scheduled to start so you have time to check in 
  • Switch mobiles phones off
  • Please refrain from bringing anything into the studio other than your mat, towel and water bottle.  Use the lockers provided to store your belongings
  • Remove your shoes before entering the studio
  • Refrain from talking in the studio
  • Stay for the entire duration of the class
  • Wipe down your mat after use with the products provided and ensure all equipment is placed back in the storage area.

Note also that you must not use a camera in our studio without written permission

Keeping your belongings safe

We provide lockers you can use while exercising but these are not security lockers. Please do not bring valuables into the studio.
Unfortunately, thefts do happen. We cannot accept responsibility for any loss or damage to your belongings while you are at the studio, even if someone breaks into your locker.

If you leave belongings in a locker overnight, we may remove them. We give lost property to charity each month, including unclaimed items from lockers.

Booking a class

Please observe the following class booking procedures:

  • Book online to secure a spot in your preferred class
  • You can book into a class up to 14 days in advance
  • Online bookings will close 30 minutes prior to the start of each class
  • It is important to cancel your booking if you cannot make the class to free the spot up for another member. You can cancel without penalty up to 1 hour prior to the start of the class. A $5 cancellation fee applies if you do not cancel your class with at least 1 hours’ notice and subsequently fail to attend the class
  • Please check in to the class on arrival at the studio
  • Failure to check in at least 5 minutes prior to class commencing (if you have not cancelled) will mean your spot may be given to another member.

4.2 What happens if you break the Studio Code?
Being refused entry or receiving a warning

We can refuse entry to anyone, including members, if they act unreasonably or break the Studio Code.
We may also warn you that you risk having your membership cancelled. If you continue to behave in the same way, we may cancel your membership immediately.

Facing instant cancellation

We can cancel your membership without warning if you behave in a way that is risky or seriously inappropriate, such as:

  • threatening or harassing others
  • damaging equipment using illegal drugs
  • instructing other members when we have not authorised you to do so.

5. Legal stuff you need to know

5.1 What are your responsibilities?
Meeting your responsibilities

Your responsibilities, including payment of membership fees, do not depend on how often you use a studio.

You must tell us about anything that affects your membership, and any changes to your contact and bank details.

Promising to take care

You promise to:

  • make sure that you know how to exercise safely, by asking if necessary
  • use your best endeavours to exercise safely
  • not take valuables into the studio, even if you plan to put them in a locker.

5.2 Do we have a privacy policy?
Understanding our privacy policy

During your membership, we will have access to personal information about you, such as about your health and financial situation. We will only use, disclose or deal with your information in line with our privacy policy.

This Privacy Policy applies to the services offered by Fitness First Australia Pty Limited (ABN 65 094 778 622) (Fitness First). 

You can review our full privacy policy here.

5.3 What else should you know?
Having your contract transferred

We can assign or transfer the benefit of your contract to a person, firm or company at any time. We will give you 28 days’ notice in writing.

We can also sub-contract our obligations to someone else without notice. But if we do, we are still responsible for ensuring those obligations are met.

Paying GST
All agreement fees include goods and services tax (GST). Your fees will change in line with any government GST rate changes, even if you are in your minimum term.
 
5.4 Which laws apply?
Meeting state laws

Your agreement is subject to Australian law and is governed by the state laws where your home club is located.

If a court decides that any section of your agreement is invalid or unenforceable, that section will be deleted from the agreement. The other sections will remain valid and enforceable.

Restricting your rights to sue

Under the Competition and Consumer Act 2010, we guarantee that our recreational services are:

  • provided with due care and skill
  • fit for any purpose you have told us you are using the services for or for a result which you have told us you wish to achieve
  • supplied within a reasonable time.

However, under certain legislative provisions, we may ask you to agree that these conditions do not apply to you. If you sign the agreement, you will be agreeing that your rights to sue us are excluded, restricted or modified as set out in these terms and conditions. This applies if you are injured (including injury that results in death) because the services were not rendered with due care and skill, or they were not reasonably fit for their purpose.

This change to your rights does not apply if your death or injury is due to our gross negligence. Gross negligence is defined in the Fair Trading (Recreational Services) Regulations 2004.

5.5 What definitions apply?