DEFINITIONS
Administration Fee means any reasonable administrative costs incurred by us in relation to a Membership.
Agreement means this agreement, comprising of the Details and the Terms, and signed Membership Agreement.
Biller means Mindbody, Inc.
Cancelation Fee means an amount a Member agrees to make payable to the Studio when a commitment membership is canceled prior to the end of the current term.
Class or Classes means an exercise class conducted at the Studio.
Details means the details of your Membership, as set out in the Online Booking System.
Direct Debit Payment Agreement means the periodic billing agreement you enter into with our third-party Biller for periodic billing services.
Fees means the fees payable for a Membership.
F45 Training means F45 Training Pty Ltd, its related body corporates and affiliates and includes any successor or assignee.
Guest means any person who attends the Studio who is not a Member.
Instructor means any person who is instructing, or assisting with the instruction, of a Class.
Member means a person who holds a Membership at the Studio.
Membership includes unlimited memberships and limited multi-class pack memberships.
Online Booking System means the online booking system whereby Members can view and select a Class to attend and purchase a Membership.
Pre-Exercise Questionnaire means the questionnaire or other screening we may require you to answer before using the Studio or participating in a Class.
Studio means the F45 Training Deerwood studio.
Studio Rules means the rules referred to in clause 5.3.
Terms means these terms and conditions.
“us” or “we” means the Studio to which you have agreed to become a Member.
“you” means the Member and the subject of this Agreement.
FEES & TERMS
The Fees you pay and the term of this Agreement are set out in the signed Membership Agreement. Current terms are reflected in this document and Members agree to adhere to the most recent conditions during their membership.
If you do not make any payment when it is due, your Membership may be suspended, and you could be refused access to the Studio until all outstanding amounts have been paid.
Your Membership may also be terminated if any Fees remain unpaid for an extended period. You will still be liable for all unpaid amounts.
If you pay any Fees, by direct debit, then this will be through our Biller, not the Studio. You will receive a copy of Direct Debit Payment Agreement of the Biller which applies to any direct debit services. The Direct Debit Payment Agreement, which we are not a party to, is entirely separate to this Agreement.
By nominating a credit or debit account, you authorize our Biller, to deduct from that account all Fees and other charges you are responsible for under this Agreement.
You must keep your account details up to date and ensure there is enough money in your nominated account on the usual payment date, or the next working day if that falls on a day when banks do not process payments. If there is not enough money in your nominated account on the usual payment day, or there is another reason that your account was unable to be debited you may be charged an additional fee by the Biller, which may be added to your next debit amount.
HEALTH & SAFETY
When you become a Member, and each time you use a Studio or participate in a Class, you must ensure that:
you are in good physical condition and know of no medical or other reason why you should not exercise.
you do not have any physical, medical or other disability or condition which may be affected or aggravated by, or which may result in any sickness, injury or death to you as a result of:
active or passive exercise; or
participating in a Class.
If unsure about any of the matters set out above, you should not use the Studio or participate in a Class until you have sought appropriate medical guidance and been given medical clearance.
You must not participate in a Class 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.
YOU ACKNOWLEDGE AND AGREE THAT PARTICIPATING IN HIGH INTENSITY INTERVAL TRAINING IS A STRENUOUS PHYSICAL ACTIVITY AND MAY NOT BE SUITABLE FOR ALL PERSONS. IMPROPER USAGE OF ANY ITEM OF EQUIPMENT OR A FAILURE TO FOLLOW INSTRUCTIONS FROM AN INSTRUCTOR MAY RESULT IN INJURY OR DEATH.
You agree to give us all relevant personal, health and fitness information both before and during the course of any exercise program or other activity. You also agree to complete our Pre-Exercise Questionnaire. In some cases, responses you give will require that you get medical guidance before exercising. You acknowledge that pre-exercise or other screening is no substitute for medical advice and does not guarantee against injury or death.
You promise that information you give us will be true and accurate and not misleading in any way.
We may suspend or cancel your Membership if we have reason to suspect that you have not complied with any part of this clause 3.
PRIVACY
When you apply for Membership, you will need to provide us with, and we will have access to personal information about you, including information relating to your health and finances. Your personal information may be:
(transferred to and stored out of Australia, including to a country that does not have the same level of privacy protection as Australia;
disclosed to and used by other Studios; and
disclosed to and used by F45 Training, the rights holder in relation the F45 Training brand, marks and training programs.
By agreeing to these Terms, you consent to us collecting, using, disclosing and dealing with your personal information in accordance with the Terms and our privacy policy. In particular, you consent to the transfer and storage of your personal information outside Australia, and to the disclosure and use of your personal information to F45 Training.
You can access our privacy policy by contacting us in writing at anytime. You can access F45 Training’s privacy policy at f45training.com/terms-privacy/.
You must tell us promptly if you change your contact or payment details or if there is a change to other relevant personal information, including anything that may affect health or safety.
You understand that photos, films, videos or audio recordings are sometimes taken of Members for promotional purposes. By agreeing to these Terms, you agree to allow your image, recording or likeness to be used for any legitimate purpose by us or by F45 Training and the Studio.
YOUR RESPONSIBILITIES
If you behave in a risky or seriously inappropriate way, for example, if you threaten or harass others, damage equipment, distribute or use illicit substances, or train other Members without our authorization, appropriate action will be taken. For example, your Membership may be immediately suspended or cancelled, you may be banned from joining any Studio and/or we may refer the matter to appropriate authorities. If your conduct causes us or another person costs, loss or damages you agree to pay for these.
For your health and safety and the health and safety of other Members, you must ensure that you comply with any direction given to you by an Instructor or any other staff member from time to time.
Studio Rules apply to everyone attending the Studio or participating in a Class. They are usually displayed in the Studio. Studio Rules form part of this Agreement so you must make sure you read, understand and follow them at all times. If you break any of the Studio Rules we will respond in a way we consider fair and appropriate. For example, in less serious cases, we may give you a warning but in serious cases or where you have repeatedly broken Studio Rules we may suspend or cancel your Membership. If your breach causes us or another person costs, loss or damages, you agree to pay for these.
You promise to take care to use the Studio and all exercise equipment safely and properly. If you are ever not sure how to operate any equipment properly, you must ask an Instructor or another staff member before you use it.
You agree to pay for any loss or damage to the Studio and its equipment caused by you through a willful, wrongful or negligent act or as a result of your breach of this Agreement.
You agree to follow any reasonable direction of a member of Studio staff relating to health, safety or security or related matters.
You promise not to unnecessarily bring valuables into a Studio and agree that it is not the obligation of the Studio to look after unattended property.
COMMERCIAL ACTIVITY
You acknowledge that engaging in any commercial or business activities in the Studio, such as offering training services or selling goods in the Studio is prohibited unless F45 Training grants you written permission to do so. If F45 Training gives you written permission, it can revoke this at any time.
LATE CANCEL/NO-SHOW FEES & MINIMUM PARTICIPATION
It is imperative Members cancel a Class as soon as they realize attendance is not feasible. Canceling late, or simply not showing up, may cause other Members from attending and artificially increase costs to the Studio. Members who late cancel or no show will incur a fee per the schedule detailed below:
Late cancelling eight (8) or less hours prior to classes beginning at or before 11:59 AM is $5
Late cancelling two (2) or less hours prior to classes beginning at or after 12:00 PM is $5
No showing for any class is $10
Late cancel/no-shows are per class, not per day. Attending a class later in the day does not exempt a Member from incurring a fee.
Members who 'late cancel' a class to attend an earlier class will not incur a fee. For example, a Member gets off work at 5:00 PM and late cancels their previously booked 6:30 PM class to attend the 5:30 PM class instead, would not incur a fee for late canceling the 6:30 PM class. Please make the Trainer aware when arrive to the earlier class.
Members on a limited monthly membership plan or class pack will not lose classes when they incur a late cancel/no-show fee
Late cancel/no-show fees are typically assessed within two (2) business days of occurrence
Members are responsible for allowing email and/or text notifications for 'Schedule Changes' in Mindbody settings to receive alerts when they are moved into the class roster from the waitlist.
Each class has a minimum participation of three (3) Members at the time the Late Cancelation window begins for the given Class time. Classes with three or less Members can be canceled by the Studio; any Members already booked will receive a text or email.
Classes with zero (0) participants will be canceled:
Ten (10) hours prior to morning (AM) classes
Four (4) hours prior to afternoon (PM) classes
SUSPENDING YOUR MEMBERSHIP
You may temporarily suspend your Membership for any reason if your account is up to date with at least a two week notice prior to your next bill date. In any 12-month period you may suspend your Membership two times for a minimum of two weeks and a maximum of six weeks.
Minimum of two weeks required between suspension requests
The suspended length of time will be added to the initial contract period, thereby extending the term by the same increment.
We may agree to freeze your Membership immediately and/or longer than the period noted in clause 7.1 for medical reasons with proof (such as supporting documents) to our reasonable satisfaction.
CANCELLING YOUR MEMBERSHIP
You can cancel your Membership at any time by telling us in writing or using the cancelation request link on the website if you cannot use the Studio or participate in a Class because you contract a serious illness or a permanent physical incapacity during the term of your Membership. This must be confirmed in writing by a doctor or other medical professional we reasonably agree to and you agree that we may contact the doctor or other professional for verification purposes.
If you cancel under clause 8.1, you will be liable for Fees incurred, i.e., your Fees for the time you were a Member (calculated on a pro rata basis).
A Cancellation Fee is payable if you want to cancel your Membership for your convenience during the term of your Agreement.
Monthly Plans: Members are responsible for 100% of their Fee within thirty (30) days after the cancellation notice is received.
Minimum Plans: Members are responsible for 100% of their Fee within thirty (30) days after the cancellation notice is received, and the lesser of:
difference between their Fee and the full Monthly Plan Fee multiplied by the number of months used, to include the final month.
difference between their Fee and the full Monthly Plan Fee multiplied by the number of months remaining, to include the final month.
NOTE: Simply not attending class without communication is not grounds for cancelation nor a refund of charges for month(s) charged and unused.
If your Agreement is for a fixed term, a Minimum Plan, it will continue after the end of that term unless you tell us in writing at any time (but at least 30 days) before the end of the term that you wish to cancel your Membership. If you tell us before the end of the term, but it is less than thirty (30) days before, your Membership will continue for another thirty (30) days before it ends at the same Monthly Plan rate.
Members may cancel their Membership without penalty in the following situations:
If the Studio goes out of business or moves location more than five driving miles from the location designated in the contract and fails to provide, within thirty (30) days, a facility of equal quality located within five miles of the original location at no additional cost to the member;
Cancel within three days of signing a contract, regardless of contract length. The Member must provide the cancellation notice in writing.
Injury resulting in long-term or permanent loss of ability to engage in exercise with medical proof supporting the medical reason
The studio will issue any refunds due to a canceled Member within thirty (30) days after receipt of the cancellation notice.
Suspended members canceling their Agreement will have their account placed in active status immediately and incur any fees as set forth in clause 9.3. Canceling while suspended does not relieve the Member from the thirty (30) day cancelation notice outlined above.
TERMINATION
In addition to our other rights under this Agreement, we may cancel your Membership if you breach any obligation under this Agreement that can’t be fixed or if you breach an obligation that can be fixed but you do not fix it in a reasonable time.
If we cancel your Membership under this clause 9, you will be liable for Fees incurred, i.e., your Fees for the time you were a Member (calculated on a pro rata basis). We may also charge a Cancellation Fee and recover costs, loss or damages caused by your breach.
You promise you are not bankrupt or insolvent and are able to pay applicable Fees at the time of signing. You agree that you will tell us promptly if you believe you will be unable to pay your Fees for an extended period. We may cancel your Membership if you become bankrupt or insolvent.
OUR LIABILITY
If you agree to these Terms, you agree to exclude or modify our liability to you for death or injury. This exclusion does not apply if your death or injury is caused by our “reckless conduct”.
Nothing in this Agreement excludes, restricts or modifies any terms, conditions, warranties, guarantees, rights or remedies which cannot lawfully be excluded, restricted or modified. Otherwise, unless expressly included in this Agreement, all implied terms, conditions, warranties, guarantees, rights or remedies that can be lawfully excluded are excluded. In particular, we are not liable for death or injury caused by our negligence or breach of implied terms that services will be provided with reasonable care and skill at common law. This does not exclude our liability for reckless conduct.
GUESTS
Each Guest agrees to and must otherwise comply with clauses 3, 4, 5, 6, 10 and 12 as if a reference to a Member was a reference to a Guest.
Members should not encourage Guests from outside the area to use the one-week trial when visiting. The trial is an incentive for local residents who are potential Members at F45 Training Deerwood. Members and their Guests can purchase passes for a day, week, or month at a discounted rate.
GENERAL LEGAL MATTERS
We are not responsible if Members cannot use our Studio because of an event caused by a natural force (such as a fire or a flood) or a road or building closure or something similar beyond our reasonable control. If this continues for more than thirty (30) days, then either you or we may cancel this Agreement immediately by written notice. No Fee will apply.
Should the Studio close due to state or federal mandate regarding COVID-19 or other pandemic, the Studio will suspend Memberships for the required length. Once able to reopen, the Studio will return Members to active status. Members who elect not to return must notify the Studio in writing.
If a court decides that any part of this Agreement is or becomes illegal, void or unenforceable, that part is deleted, and this does not invalidate the rest of this Agreement.
If we do not enforce our rights under this Agreement at any time, it does not mean that we may not do so in the future.
You agree that we have not made any representations or promises that you have relied that are not in this Agreement.
The law of the state or territory in which this Studio is located applies in relation to this Agreement. See Florida Consumer Protection Clauses attached below.
FLORIDA CONSUMER PROTECTION CLAUSES
1. The contract provides for the penalty-free cancellation of the contract within three days, exclusive of holidays and weekends, of its making, upon the mailing or delivery of written notice to the health studio, and refund upon such notice of all moneys paid under the contract, except that the health studio may retain an amount computed by dividing the number of complete days in the contract term or, if appropriate, the number of occasions health studio services are to be rendered into the total contract price and multiplying the result by the number of complete days that have passed since the making of the contract or, if appropriate, by the number of occasions that health studio services have been rendered. A refund shall be issued within thirty (30) days after receipt of the notice of cancellation made within the 3-day provision. [s. 501.017(1)(a), F.S.]
2. The contract provides for the cancellation and refund of the contract if the contracting business location of the health studio goes out of business, or moves its facilities more than five driving miles of the business location designated in the contract and fails to provide, within thirty (30) days, a facility of equal quality located within five driving miles of the business location designated in the contract at no additional cost to the buyer. [s.501.017(1)(b)1, F.S.]
3. The contract provides that notice of intent to cancel by the buyer shall be given in writing to the health studio. The notice of cancellation from the consumer terminates automatically the consumer's obligation to any entity to whom the health studio has subrogated or assigned the consumer's contract. If the health studio wishes to enforce the contract after receipt of the notice, it may request the department to determine the sufficiency of the notice. [s. 501.017(1)(b)2, F.S.]
4. The contract provides that if the department determines that a refund is due the buyer, the refund shall be an amount computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term. The business location of a health studio may not be deemed out of business when temporarily closed for repair and renovation of the premises:
1. Upon sale, for not more than fourteen (14) consecutive days; or
2. During ownership, for not more than seven consecutive days and not more than two periods of seven consecutive days in any calendar year.
A refund shall be issued within 30 (thirty) days after receipt of the notice of cancellation made pursuant to this paragraph. [s. 501.017(1)(b)3, F.S.]
5. The disclosure statement shall include a provision advising the buyer to contact the department for information within sixty (60) days should the health studio go out of business. [s. 501.017(1)(c), F.S.]
6. The contract provides for the cancellation of the contract if the buyer dies or becomes physically unable to avail himself or herself of a substantial portion of those services which the buyer used from the commencement of the contract until the time of disability, with refund of funds paid or accepted in payment of the contract in an amount computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term. The contract may require a buyer or the buyer's estate seeking relief under this paragraph to provide proof of disability or death. A physical disability sufficient to warrant cancellation of the contract by the buyer is established if the buyer furnishes to the health studio a certification of such disability by a physician licensed under Chapter 458, 459, 460, or Chapter 461 provided the diagnosis or treatment is within the physician’s scope of practice. A refund shall be issued within thirty (30) days after receipt of the notice of cancellation made pursuant to this paragraph. [s. 501.017(1)(d), F.S.]
7. The contract provides that the initial contract will not be for a period in excess of thirty-six (36) months, and thereafter shall only be renewable annually. A renewal contract may not be executed, and the fee therefore paid until sixty (60) days or less before the previous contract expires. [s. 501.017(1)(e), F.S.]
1. IF you sell a single contract for thirty (30) days or less, without any option or other condition which establishes any right or obligation of a member beyond the thirty (30) day period then this provision should read as follows: The initial contract will not be for a period in excess of thirty (30) days. Renewal contracts may not be executed, and the fee therefore paid until the preceding contract expires.
2. IF you sell SESSIONS in this manner then the contract must ALSO indicate that ALL sessions must be used within thirty (30) days.
8. The contract provides that if the health studio requires a buyer to furnish identification upon entry to the facility and as a condition of using the services of the health studio, the health studio shall provide the buyer with the means of such identification. [s. 501.017(1)(f), F.S.]
9. Health studios exempt from posting security must include in all contracts for health studio services the following disclosure statements [s. 501.017(2), F.S.]:
SHOULD YOU (THE BUYER) CHOOSE TO PAY FOR MORE THAN 1 MONTH OF THIS AGREEMENT IN ADVANCE, BE AWARE THAT YOU ARE PAYING FOR FUTURE SERVICES AND MAY BE RISKING LOSS OF YOUR MONEY IN THE EVENT THIS HEALTH STUDIO AND/OR THIS BUSINESS LOCATION CEASES TO OPERATE. THIS HEALTH STUDIO IS NOT REQUIRED BY FLORIDA LAW TO PROVIDE ANY SECURITY, AND THERE MAY NOT BE OTHER PROTECTIONS PROVIDED TO YOU SHOULD YOU CHOOSE TO PAY IN ADVANCE.
F45 Deerwood is registered with the State of Florida as a Health Studio. Registration No. is HS12988.
FORM UPDATED 8/22/2022