LA Fit General Terms & Conditions
You agree to become a Client of LA Fit Studio Pty Ltd (LA Fit).
You should take some time to read through these Terms and Conditions carefully to make sure that it fully reflects your expectations.
You will have to complete our Pre-screen before your first class.
Please ask us or seek advice if you are unsure whether any particular statements that you have relied on are part of this agreement.
You agree that you will not later say that you relied on any other statements made by us or you.
- Terms and Conditions Responsibility for clients under 18
(a) All clients of LA Fit must be older 15 years or older
(b) By signing on behalf of a child, the parent or guardian agrees to be responsible for ensuring the child exercises safely, pays their fees and otherwise follows these Terms.
- Safety first!
The health and safety of our clients is important to us. This clause sets out some of the things we require of you to help achieve that objective.
(a) Your physical condition
A safe and effective exercise program is dependent upon accurate health and fitness profiling. It is therefore essential that you tell us in writing all relevant personal health and fitness information both before (through our Pre-screen) and during the course of any exercise program or other activity. You promise that information you disclose to us will be true and accurate and not misleading in any way. You must not attend and use the facilities and services whilst you are suffering from any illness, disease, injury or other condition that could present a risk to the health or safety of other members, guests or yourself.
(b) Proper use of equipment
We will provide you with an instructional consultation with a staff member before using the facilities and services which you must attend before use. In any case, you promise to take care when using the facilities and services and make sure that you use the facilities and services including equipment appropriately and safely. If you are ever not sure how to operate any equipment properly, please ask a staff member before you use it.
(c) Rules of good behaviour
We display rules that apply to everyone using the facilities and services in order to promote health and safety and the protection of property (LA Fit Studio Rules). A copy of our Rules may be displayed on our website and on signage. Please make sure that you read our Rules carefully and ask us if there is anything you are not sure about.
We may occasionally update our Rules to further promote health and safety or to make other improvements. We will seek to tell you of any changes as set out below, though we expect you to keep familiar with the current version of our Rules by reading our website and signage on a regular basis. If you break our Rules, the response we take will be at our reasonable choosing and we will try to exercise this right fairly by giving you a warning if we consider the failure is less serious. In this regard however you acknowledge that health and safety of all users and protection of property is very important. Accordingly, if we reasonably consider the failure to follow our Rules is serious or persistent we may suspend or even cancel your client agreement with immediate effect.
(d) We can refuse you entry
We can refuse you entry to the facilities and services or cancel your client agreement immediately if you behave in a way that is seriously risky or inappropriate, such as if you threaten or harass others, deliberately or recklessly damage equipment or facilities or if you use or distribute illegal or performance enhancing drugs. You agree to follow any reasonable direction of a member of our staff relating to health and safety, in an emergency or any other matter.
(e) Please follow our directions
You agree to follow any reasonable direction of a member of our staff relating to health and safety, in an emergency or any other matter.
- We take your privacy seriously
(b) Video monitoringWe may use video monitoring in our facilities for health, safety and security reasons. If you have any queries in relation to the use of monitors operating in and around our facilities please contact us.(c) Please keep your contact details up to dateYou promise to tell us promptly if you change your address, phone number, email, bank account, credit card information for payment or if there is a change to any other personal information relevant. This includes any matters that affect the health or safety of you or others.
- What you get when you join
From the start date you are entitled to the benefits and use of the facilities and services that apply to the Pricing Option you selected.
At any time you could have one or both of the Pricing Options below.
(a) Class Pack – Class Packs allow casual access for a Fixed Term.
(b) Membership – Memberships are Ongoing. It is a periodic agreement that will continue after the Minimum Term until either you, or we, terminate it in the way described in the agreement. Details of the Membership are provided in the LA Fit Membership Terms and Conditions.
- Ending your Client Agreement
For the purposes of any requirements in this agreement to tell us in writing or give us written notice, we will accept notification by email only.
(a) On expiry of the Minimum Term
i.If you have a Class Pack it is for a Fixed Term, you do not need to do anything, as it will automatically end when the Minimum Term expires.
ii. If you have a Membership it is Ongoing, it will continue after the Minimum Term unless you give us written notice at least 7 days prior to the expiry of the Minimum Term.
(b) After the expiry of the Minimum Term
Any time after the Minimum Term, you can terminate your Membership by giving us written notice at least 7 days prior to your next payment.
(c) Other ways that you can end your Client Agreement
i. If we don’t keep our end of the deal. You can cancel your Client Agreement by written notice to us if we breach any of our obligations under this agreement and we have not remedied that breach within a reasonable time after you have given us a written request that we do so. ii. You can cancel for medical reasons
You can end your Client Agreement by telling us in writing if you cannot exercise due to an illness or a physical incapacity and you produce supporting documentation to our reasonable satisfaction.
In that event, you will only be charged the fees for the time you have been a client calculated on a pro rata basis.
iii. If we make changes to this agreement that adversely affect you (please see clause 7).
iv. You otherwise become entitled to do so under consumer legislation.
(d) When can we end your Client Agreement?
In addition to our other rights under this agreement, we can terminate your Client Agreement by written notice to you if you fail to act in accordance with any obligation under this agreement and if capable of remedy you do not remedy the failure within a reasonable time of us giving you written notice requiring you do so. On rare occasions we may cancel a Client Agreement by written notice without the need to give a reason. If we cancel your Client Agreement under this paragraph you will only be liable for the clientship fees for the time you were a client.
- Refunds and payments
(a) All sales are final.
(b) Any request for transfer, extension or refund will be applied at LA Fit’s discretion for extenuating circumstances only and will incur a $15 fee.
- Changes to your Client Agreement
We may need to make changes to this agreement during your as a client. However, we will always try to do this in a way that is fair by giving you an opportunity to cancel your Client Agreement if you do not agree to the change as described in this clause below. We will tell you in writing of the proposed change in advance and tell you the date that it will come into effect. This effective date will be at least 30 days from the date of our notification unless it is impractical for us to do so. Your Client Agreement will be amended with effect from the effective date. If however, you are adversely affected by the change, you may cancel your Client Agreement by giving us written notice at least 7 days prior to the effective date. Please note you cannot cancel under this clause if we are required to make the change in order to comply with a law or any direction of a competent authority.
- When you pay by direct debit
(a) Authorisation to deduct feesBy nominating a credit or debit account, you are authorising us to deduct from that account all fees and other charges for which you may be responsible under this agreement. Accordingly, it is essential that you keep your account details up to date.
(b) If your payment is late or rejected
All failed payments will incur a $15 Failed Payment fee. You will be sent an email notification of this and ask that you make payment immediately to remedy the situation. If you do not respond within 7 days your membership will be suspended. The fees normally due during this time will remaining owing and your account will remain on suspension until the amount owing is paid.
(c) Direct debits
Direct debits will be processed through our direct debit provider Ezidebit. A copy of the terms and conditions that apply to the direct debit services can be found at www.ezidebit.com.au. Those terms and conditions are entirely separate to this agreement and you may have rights and obligations under those terms and conditions. As such, the Direct Debit Provider acting in its capacity as such has no liability to you in connection with your involvement in exercise activities under this agreement. Client Agreement fees may include a fee payable for the service provided by the Direct Debit Service Provider.
- Outside providers
We will seek to make sure those franchisees, contractors and other authorised persons who provide services at the facilities (outside providers) are appropriately qualified before granting them access. Examples of outside providers include such as coaches, physiotherapists, masseurs and personal trainers who may offer additional services from the facilities that are not included with your Client Agreement type. Please note that outside providers are neither employed by us nor are they our agents, even if they happen to be wearing clothes displaying our name and logo. You will know that they are outside providers because they will require payment of their fee direct from you when you engage them.
This is important because we are not liable for any injury, loss or other claims arising from breach of contract, negligence or otherwise that are suffered by you in connection with any outside provider services, other than to the extent caused by our negligence. In addition, you release us and hold us harmless in relation to any such claims.
We have no responsibility in respect of the fees that you must pay directly to outside providers nor for any associated costs or refunds. However, please advise us if you have a problem with an outside provider and we will try to help if we can. Nothing in this clause limits our liability for the actions of our employees or agents.
- Other services
There may be other services offered at the facilities that do not form part of your Client Agreement type but are available for you to purchase separately. These are not part of the services provided under your Client Agreement and you will be advised at the time if any additional terms apply to these services.
- Our liability to you
(a) Statutory guaranteesACL: The Australian Consumer Law (ACL) contained in the Competition and Consumer Act 2010 (Cth) (CCA) provides certain guarantees in sections 60 to 62 (statutory guarantees) which generally require that services supplied to you:
Permitted exclusion: However, the CCA permits a supplier of recreational services to ask you to accept some limitations on those statutory guarantees. Accordingly, to the extent permitted by section 139A of the CCA, you acknowledge and agree that we exclude all liability to you for death or injury resulting from a failure by us to comply with any statutory guarantee.In the previous sentence, “injury” means:
- are rendered with due care and skill,
- are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier and might reasonably be expected to achieve any result you have made known to the supplier and
- are supplied within a reasonable time (when no time is set).
Reckless conduct: This exclusion of liability does not apply if you have suffered any significant personal injury that is caused by our reckless conduct (within the meaning given to those terms by the CCA).
- physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
- the contraction, aggravation or acceleration of a disease; or
- the coming into existence, the aggravation, acceleration or recurrence of any condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to you that is or may be harmful or disadvantageous to you or the community, or that may result in harm or disadvantage to you or the community.
(b) General exclusions
Please note that nothing in this agreement excludes, restricts or modifies any term, condition, warranty, guarantee, right or remedy (including under a statutory guarantee) which cannot lawfully be excluded, restricted or modified.Otherwise, and except as expressly included in this agreement, all implied terms, conditions, warranties, rights or other additional obligations that can be lawfully excluded are excluded from this agreement. In particular, but subject to the preceding paragraph, we are not liable for:
at common law that in either case results in your death or injury (as defined in paragraph (a) above) in connection with or under this agreement, but to avoid doubt we do not exclude liability for our reckless conduct.
- negligence; or
- breach of terms implied that services will be provided with reasonable care and skill,
(c) Loss of property
You promise that you will not unnecessarily bring valuables into the facility. We are not responsible if someone takes your property, other than to the extent we have not complied with our obligations in respect of this service under a statutory guarantee. Maintaining the security of unattended property in the facility is not part of the service we provide under this agreement.
- Your responsibility for damage
You agree to pay for any damage to the facilities caused by you or your guests through a wilful act or negligence.
- General legal guff
(a) Unexpected eventsWe are not liable if you cannot use your Client Agreement due to anything beyond our reasonable control. If that failure or delay continues for more than 30 days, then either you or we can cancel this agreement with immediate effect by telling the other in writing. We are entitled to make part or all of the facilities unavailable for up to two weeks during each calendar year to undertake maintenance, repairs or improvements, in which case we will extend your Client Agreement by the time you are unable to use the facilities.
(b) Our logo and intellectual property
No rights in relation to our logo, trademarks or any other intellectual property rights associated with our business, techniques, exercise programs or classes are granted to you under this agreement, except that any exercise program created for you may be used while you are a member for the purpose of your exercise activities.
(c) Transferring this agreement
We can transfer the rights or benefit under this agreement or sub-contract our obligations under this agreement to a third party at any time without notice to you but in doing so we will make sure that the transferee agrees to honour the terms of your Client Agreement.
(d) Severability and waiver
If a court finds that any part of any term 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 on future occasions.
(e) Applicable law
The law of the State/Territory specified in the details applies to this agreement.