WAIVER OF LIABILITY
Access to, and use of, services (Services) provided by Fitstop Australia Pty Ltd (ACN 167 897 387) and its related companies (Fitstop) at a Fitstop branded Location (Location).
I, being the undersigned acknowledge and agree:
1. I warrant that the information contained in this agreement is true and correct.
2. At all times, I agree to use the Services in a safe and appropriate manner and in accordance with any instructions or directions given to me by Fitstop, its directors, officers, employees, agents, volunteers and independent contractors (together, the Releasees).
Acknowledgement of risk
3. I assume all risks of participating in the Services provided by, or associated with, the Releasees.
4. I acknowledge there is possible danger and inherent risk associated with any physical activity, including the dangers of death or physical injury. To the maximum extent permitted by law, I assume and accept all risks and responsibility in connection with my use of the Services of the Releasees.
5. I agree to waive any and all claims that I have or may have in the future against the Releasees and release the Releasees from any and all liability for any loss, damage, injury or expense that I may suffer as a result of my participation in the Services provided by Fitstop.
6. I agree to hold harmless and indemnify the Releasees from any and all for any damage to the property of, personal injury to, any third party, resulting from my participation in any program, activity or service provided by Releasees.
7. I represent and warrant that I am in good physical condition and have no medical reason or impairment which might prevent me from my intended use of the Services by the Releasees. If I have any health or medical concerns now or in the future, I will discuss them with my doctor before using or participating in the Services.
Damaged, lost or stolen property
8. To the maximum extent permitted by law, I:
(a) understand Fitstop is not responsible for any of my personal property damaged, lost or stolen while in or around the Location; and
(b) release the Releasees from any claim, demand, damage, loss or liability in connection with my use of or participation in the Services whether in tort, statute or otherwise in connection with any damage or loss of property sustained by me, whether direct, indirect, special or consequential loss or damage.
9. I understand that should I feel lightheaded, faint, dizzy, nauseated, or experience pain or discomfort, I am to stop the activity and inform my trainer. I give the Releasees permission to seek emergency medical services should I become injured or ill with the understanding that I am responsible for any expenses incurred.
10. If I am signing on behalf of a minor, I give permission for Fitstop, its staff or contractors to administer for first aid if deemed necessary. In the case of serious illness or injury, I give permission for medical and / or surgical care, including transport to a medical facility.
11. I grant Fitstop permission to use photograph, video, or other digital media in any and all of its publications, including web-based publications, without payment or other consideration during my attendances at a Location.
12. If any part of the foregoing is in any way unenforceable, invalid or illegal, it is to be read down so as to be enforceable, valid and legal. If this is not possible, the clause (or where possible, the offending part) is to be severed from this agreement without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses) which will continue in full force and effect.
13. This agreement is independent and survives termination of any relationship between myself and Fitstop.
14. In this waiver of liability, unless the context otherwise requires:
(a) mentioning anything after includes, including or similar expressions, does not limit what else might be included;
(b) the singular includes the plural, and vice versa; AND
(c) a reference to Fitstop or me includes successors, permitted assigns and legal personal representatives of Fitstop or me, as applicable.
Terms and conditions and policy
15. I agree to comply with any terms and conditions (including the Membership Terms and Conditions which are incorporated by reference), policies and reasonable directions given to me by Fitstop in connection with my use and/or participation in the Services from time to time.
In consideration of Fitstop providing me access to the Services and the Location, I agree to be bound by the terms set out in this agreement.
MEMBERSHIP TERMS & CONDITIONS
Membership fees are always debited on a weekly basis and there are two different Memberships;
1. Fitstop Group Training (standard)
2. Membership Foundation Membership - which is priced lower than the standard membership.
Pay Per Use
Fitstop also offers “pay per use” sessions in which a person can pay to train at a Fitstop club for a single session. “Pay per use” sessions are available for active members and non-members and can be used at any Fitstop club. To purchase a “pay per use” session, you must sign up to the Fitstop App and select the “pay per use” session on the date and at the Fitstop club you wish to attend. You will be required to make payment of your “pay per use” session at the time of booking. If you are not an active member of Fitstop, you will be required to agree to and sign Fitstop’s waiver before being able to purchase your “pay per use” session, which is also done via the Fitstop App. A “pay per use” session may only be redeemed on the date and at the location as selected at the time of booking on the Fitstop App. Once purchased, a “pay per use” session cannot be refunded or changed. Active members are able to purchase a “pay per use” session to attend an alternative Fitstop club than their “home” club. Please note that the fee for a “pay per use” session will be in addition to an active member’s membership fees.
Active members can refer another person to become a Fitstop member. If an active member refers someone else who becomes an active member, both parties will receive a free week, with the next billing being free. for the newly active member who was referred, they will receive their free week on their second billing week; they will be charged for the first billing week to ensure they become an active member.
Membership fees are debited on a weekly basis as a non-negotiable, across the network and all locations are required to use Stripe as the direct debit company. The billing date will be based on when the member initially signs up, or when the member suspends (which will change their debit cycle date).
Under 18 Membership
The minimum age for a person to join or train at Fitstop is 16 years of age and must have the approval of their parent/guardian by way of the Fitstop App waiver being signed by the parent/guardian, granting permission for the under 18 to train. This is the same sign up process as normal, via the Fitstop App.
The Waiver outlines
Release of liability Terms and Conditions - Suspensions, Cancellations and Kiddie ZoneSignature field for the member and/or the for the Parent or Guardian to sign if the member is under the age of 18
Once a cancellation request has been submitted the membership will remain active until the week following the 4th debited payment. You must have an ‘Active’ status for a cancellation to be applied i.e not on a suspension and not in arrears. Cancellation requests must be submitted in the Fitstop App. If for instance, a member is on suspension and then requests to cancel, you would remove the suspension (reactivate the skipped payments) and then process the cancellation request. A medical Cancellation would be where a medical certificate is provided outlining that the member can no longer participate in physical exercise indefinitely which would result in an immediate cancellation. We do not backdate cancellations. If a medical certificate is provided outlining that the member can no longer participate in physical activity the membership will be terminated effective immediately.
Transferring to another Location
You are able to transfer your membership to another location within the Fitstop App. Currently, this is an instant transfer to the other location. The transfer process has to be approved by the location you are transferring from, before the transfer occurs. Your membership price is not transferable to your new locations and you will be charged for the full membership fee for the new location.
Pauses/ Membership Suspensions
A membership can be suspended / paused for a maximum of 4 weeks or 28 days in total per calendar year (Jan-Dec). Pauses require at least 14 days notice. You must have an ‘Active’ status for a suspension / pause to be applied (i.e not within a notice period of cancellation and not in arrears).Pause requests must be submitted in the Fitstop App.Once a pause request is accepted, your membership will be paused / suspended. You are able to unpause / unsuspend your membership at any time.Once you unpause from the app, you will be billed for the amount of days you used in your billing cycle (7 days), e.g. if you are normally billed on a Monday, and you are billed on a Wednesday, you will be billed for the 2 days used in the app.A medical suspension is as per the medical certificate duration provided and does not deduct from the approved 4 weeks per calendar year. We do not backdate pause periods / suspensions.