MEMBERSHIP TERMS AND CONDITIONS
These membership terms and conditions (Terms) are between Fitstop Australia Pty Ltd (ACN 167 897 387) and its related companies (Fitstop) and any member or user of Fitstop branded location (Location).
The Terms govern the use of a Location and impose legally binding obligations (including financial obligations) for which you are responsible. By entering into a Fitstop membership (Membership) or using a Location, you agree to be bound by these Terms.
These Terms are to be read in association with Fitstop’s waiver of liability, as found on the Fitstop mobile application (App) or at a Location (Waiver), which is incorporated by reference.
1.1 Memberships generally
Fitstop offers various Membership options, depending on the Location and Fitstop promotions. Upon signing up for a Membership, you become a Fitstop member (Member). All Members must sign a Waiver, which can be signed via the App.
1.2 Membership Fees
Upon signing up as Member, you authorise Fitstop to direct debit from your nominated account the fees payable under your Membership and as outlined to you at the time you sign up to become a Member (Membership Fees). Membership Fees are debited weekly in advance via direct debit, with the billing date determined by the date on which the Member first signed up to their Membership (Billing Date). A suspension of Membership (refer clause 2.1) may alter a Member’s Billing Date.
If a direct debit payment is unsuccessful, Fitstop will commence the following 3 week process, during which time the Billing Date will remain unchanged:
Week 1: The direct debit is attempted 2 more times (as required) after the Billing Date and the Member is still able to maintain the benefits of their Membership;
Week 2: The direct debit is attempted 2 more times (as required) after the Billing Date, for 2 weeks’ worth of Membership Fees and the Member is still able to maintain the benefits of their Membership.
Week 3: The direct debit is attempted one last time for 3 weeks’ worth of Membership Fees. In the event that the direct debit is still unsuccessful, the Membership will be flagged as “unpaid” and will be suspended until the arrears is fully paid.
Fitstop reserves the right to change Membership Fees from time to time in its absolute discretion. Members will be notified at least 14 days’ prior to any change of their Membership. Any increase of a Membership fee will be to protect the legitimate commercial interests of Fitstop.
1.3 Referral initiative
Members may use their referral code, as found in the App, to refer non-members to become a Member (Referring Member). If a non-member becomes a Member (Referred Member) using the Referring Member’s referral code:
- the Referred Member will receive a free week of Membership, which will be applied to their second billing cycle; and
- the Referring Member will receive a free week of Membership, which will be applied to their next billing cycle.
1.4 Location transfers
Memberships are linked to a particular Location (Home Location). Members may request to transfer their Membership to another Location on the App (Transfer Request). Transfer Requests must be approved by the proposed transfer Location before the transfer can occur. Members will be notified in respect of the outcome of their Transfer Request.
1.5 Casual Users and Pay-Per-Use
In addition to the Memberships, Fitstop offers “pay-per-use” sessions, in which a person can pay a once off fee to train at a Location for a single session (Pay-Per-Use). Pay-Per-Use sessions are available for Members and non-members (Casual Users) and can be used at any Location.
To purchase a Pay-Per-Use session, Casual Users must sign up to the App and select the Pay-Per-Use session at the Location and on the date in which the Casual User wishes to attend. Before booking the Pay-Per-Use session, Casual Users will be required to agree to, and sign, a Waiver via the App. Casual Users will be required to make payment at the time of booking the Pay-Per-Use session.
A Pay-Per-Use session may only be redeemed at the Location and on the date as selected at the time of booking. Once purchased, a Pay-Per-Use session cannot be refunded or changed.
Members may purchase a Pay-Per-Use session to attend an alternative Location to their Home Location. Any Pay-Per-Use fees will be in addition to any Membership Fees payable.
2. Suspension and Termination
Members may suspend their Membership for up to 28 days per calendar year (Suspension Allowance). To suspend, Members must make a suspension request via the App (Suspension Request). All Suspension Requests must be made with at least 14 days’ notice. Members will be notified in respect of the outcome of their Suspension Request. Fitstop reserves the right to refuse a Suspension Request if the Member does not give 14 days’ notice, is in arrears or is in a termination notice period. Members may unsuspend their Membership at any time during their suspension period via the App.
Suspensions due to medical reasons, and subject to a medical certificate having been provided to the Member’s Home Location, will not be deducted from a Member’s Suspension Allowance.
For the avoidance of doubt, Fitstop is under no obligation to backdate any Suspension Requests.
Members may terminate their Membership at any time, and for any reason, by submitting a termination request via the App (Termination Request). Members will be notified in respect of the outcome of their Termination Request. Fitstop reserves the right to refuse a Termination Request if the Member is in arrears or has suspend their Membership. A Membership will be terminated the week following the fourth direct debit payment after approval of a Termination Request.
A Membership may be terminated with immediate effect (with no further Membership Fees being direct debited) due to medical reasons and where a medical certificate has been provided to the Member’s Home Location confirming that the Member is unable or unfit to continue as a Member.
Fitstop may terminate a Membership with immediate effect at any time, with or without notice if the Member materially breaches these Terms, including, but not limited to, the obligation to make any payment as and when due. If Fitstop terminates a Membership, the Member will not be entitled to a refund on any unused portion of any Membership Fees paid in advance.
Each Member or Casual User have a right to enjoy the Fitstop facilities and community. To ensure this, each Member and Casual User agrees not to engage in any behaviour or conduct (including use any language) which is unlawful, discriminatory, aggressive, threatening, abusive, defamatory, vulgar, indecent, sexually explicit, inappropriate or causes another person to feel unsafe when engaging (whether expressly or impliedly) with another Member or Casual User or any Fitstop staff member or contractors.
3.2 Use of equipment
All Members and Casual Users must use the equipment and machines at the Location properly, in accordance with the relevant instructions and for its intended purpose. After use or a session (as applicable), machines should be unloaded and all weights, plates, dumbbells, kettlebells, barbells and other equipment should be returned to its original rack. All equipment must be wiped down and a clean towel should be carried and used on equipment where necessary.
3.3 Banned conduct
Fitstop kindly requests that no food or bags are brought into the exercise area of the Location. Under no circumstance shall a person bring alcohol or illegal substances to the Location or undertake exercise while under the influence of alcohol or medication which may have an adverse effect. There is strictly no smoking (including vapes/electronic cigarettes) allowed inside the Location.
All Members and Casual Users are requested to wear appropriate clothing and footwear to undertake fitness activity, and which does not contain any offensive or obscene slogans, graphics or text. All footwear must be enclosed. You may be refused entry where you fail to comply with this dress code.
Members and Casual Users are asked to be respectful of other Members and Casual Users and their privacy when videoing or photographing while at the Location. If requested, you must not take a photo or video that includes another Member or Casual User. Photographs and videos of other people are strictly prohibited in the toilets and change rooms.
4. Access of Location
A Member must not bring any guests to a Location unless the guest has signed a Waiver and purchased a Pay-Per-Use session for the Location on the date on which the guest wishes to attend.
4.2 Minimum age
The minimum age for a person to join or train at Fitstop is 16 years, and any person under the age of 18 years will only be permitted to join or train where their parent/guardian has signed a Waiver in respect of that person, which can be signed via the App. Any person under the age of 16 that provides false information about their age upon signing up or trying to access a Location will have their Membership terminated immediately and be asked to leave the Location.
If your Home Location is child-friendly, you are permitted to bring your child/children with you while you attend a session. Children must not touch any exercise equipment or enter the exercise area before, during or after a session and must stay in either the designated “KidZone” or in the adjunct child care or creche facility provided. Children remain the responsibility of the parent or guardian at all times. Where a child is found to be using the equipment or potentially putting itself in any danger, the child may be banned from attending the Location at the sole discretion of Location management.
If your Home Location is dog-friendly, your Location management may permit you to bring your dog with you while you attend a session. Any dog that attends a Location must be obedient, well-behaved, toilet trained and leashed at all times in a non-exercise area. All pet messes must be immediately attended to by the owner. Members and Casual Users are asked to bring a water bowl for their dogs, if required. Any aggressive, disruptive or misbehaved dogs may be banned from attending at the sole discretion of Location management.
A notice, demand, consent, approval or communication under these Terms may be hand delivered to a Member at their Home Location, or sent by prepaid post or email to the Member's address as provided by the Member at the time of signing up to the Location. A Member may change their email/address details at any time via the App.
Fitstop reserves the right to change these Terms from time to time by updating the Terms on the Website, App and Waiver.
5.3 Governing Law and Jurisdiction
The laws applicable in Queensland govern these Terms. You submit to the non-exclusive jurisdiction of the courts of that state.
Providing a good customer experience is important to Fitstop. If you have questions, or if you would like to make a complaint, please contact your Home Location (if a Member) or email us at email@example.com.