Terms & Conditions
These terms and conditions are between Elite Health Club Pty Ltd “ELITE” (ABN 25 643 974 216), its successors and assignees (referred to as we, us or our) and you, the person that uses or purchases (referred to as you or your). These Terms apply to the ELITE Coaching Services, the ELITE Membership Services and any ELITE Products, provided by us to you.
You will be deemed to have accepted these Terms if you make part or full payment of any fees (Fees). These Terms will commence on the date that you accept these Terms and will continue until the earlier of the date these Terms are terminated in accordance with its terms, or the date we have completed the provision of the relevant ELITE Coaching Services, ELITE Membership Services and/or ELITE Products (as reasonably determined by us) (Term).
You represent and warrant that you have legal capacity to enter into a legally binding agreement with us and you are 18 years or older, or if you are under 18 years, you have the consent of a legal guardian and they have agreed to the Terms on your behalf.
ELITE reserves the right to revise its terms and conditions at any time.
Please note that your participation or use of the ELITE Coaching Services, ELITE Membership Services or ELITE Products may expose you to the risk of physical harm or personal injury. The risk of physical harm or personal injury may arise from, but is not limited to, third party participants, your physical fitness level or the equipment supplied by us to you, or otherwise used by you. You agree that physical harm or personal injury may arise from you or another party’s acts, omissions or negligence. You understand and voluntarily accept any risk that may arise from your participation in the ELITE Coaching Services or ELITE Membership Services. You understand that any nutrition information provided as part of the ELITE Coaching Services or ELITE Membership Services is for general information purposes only and you should always seek specific advice from a medical professional.
You hereby release ELITE Health Club and their related body corporates, affiliates, successors, assignees, franchisees, licensees and their officers, agents and employees (the "released parties") from any claims, demands, and causes of action as a result of your voluntary participation in, and use of, ELITE products and services, to the maximum extent permitted by law.
You fully understand that you may injure yourself as a result of participation and hereby release the released parties from any liability now or in the future for conditions that you may obtain directly or indirectly from participating to the fullest extent permitted by law. These conditions may include, but are not limited to, heart attacks, muscle strains, muscle pulls, muscle tears, broken bones, shin splints, heat prostration, injuries to knees, injuries to back, injuries to foot, or any other illness or soreness that you may incur, including death.
You agree to adhere to our covid safety plan and hereby release the released parties from any liability now or in the future for conditions that you may obtain directly or indirectly from participating to the fullest extent permitted by law.
The ELITE Coaching Services and ELITE Membership Services are for the provision of ongoing services. ELITE Products may include services such as, but not limited to, our iHealth Infrared Sauna and InBody Body Composition Analyser which can be purchased both as once off or ongoing services. The ongoing services will continue until it is terminated by either you or us in a way described in the Terms. Before starting, you should review these Terms. Fees will continue to be debited from your account until the Automatic Direct Debit arrangement is cancelled by you or us notifying your bank or credit provider. If you cancel or stop the Automatic Direct Debit arrangement in a manner not described in, or permitted by, the Terms, then you may be liable to us for damages for breach of contract.
Services and Products
In consideration of your payment of the Fees, we will provide the services (Services) and/or products (Products) set out in accordance with these Terms and all relevant laws, whether ourselves or through our employees, contractors or third party providers (Personnel).
We will have no obligation to provide the Services and/or Products until you accept these Terms and pay the relevant Fees.
If you submit an Online Form to us, you understand that we may, at our discretion, accept or reject any request for the Services and/or Products depending on factors including availability and our ability to validate payment for the Services and/or Products.
Health Club Access
If you purchase Services that include access to our gym (Health Club), we grant you access to the Health Club, subject to and in accordance with these Terms.
We will use our best endeavours to ensure the Health Club is open on Monday to Friday between 5:30 am to 7:00 pm and on Saturday between 6:00 am to 4:00 pm.
Use of the iHealth Infrared Sauna and InBody Body Composition Analyser require advance booking and additional payment if not already specifically listed as a free inclusion in your purchased service.
You agree to not access the Health Club if you have a contagious illness or medical condition that may put other members, or our Personnel, at risk.
You agree to observe any applicable Health Club rules or conditions (including any that are introduced or otherwise communicated by us to you after the Start Date) (Health Club Rules). You agree to:
- not be under the influence of alcohol or illegal drugs when in the Health Club or when participating in the Services;
- not use the Services (including access to the Health Club) for commercial or business-related activities;
- refrain from causing disruption to other members of the Health Club;
- not allow non-members into the Health Club and to report any non-members you observe to be present in the Health Club;
- not engage in reckless, foolish or negligent behaviour, or any other behaviour, which may, in our reasonable opinion, create a risk of injury to you or any third party;
- respect us (and all our Personnel), fellow members, equipment and facilities; and
- not damage or destroy the equipment or facilities and ensure you leave equipment and facilities as you found it.
If you purchase Services that include sessions with our Personnel (Session), if the date and time of the Session is not set out in the Registration Form or Online Form, the date and time of the Session will be as agreed between the parties.
You agree to contact us immediately, and at least 24 hours prior to a scheduled Session, if you would like to reschedule the Session for the provision of the Services.
We will notify you as soon as possible if we are required to reschedule the Session for the provision of the Services. If we need to change the Personnel that will be providing the Services in the Session, you agree that the Fee for the Services may increase to reflect the new Personnel undertaking the Services. You agree to pay any increase in the Fee, or, if you do not agree to the increase in the Fee, you may reschedule the Session with at least 24 hours prior notice.
Each Party agrees to use its reasonable endeavours to reschedule the Session.
You agree that, if you do not contact us at least 24 hours prior to the Session, or if you do not attend a scheduled Session at all, we will nevertheless be eligible for the relevant Fees for the Services, and such Fees, are a genuine pre-estimate of loss that we would suffer or incur as a result of your late notice or your failure to attend.
You agree that, even if you cancel your session with more than 24 hours notice you may still be charged for the 25% admin portion of your weekly session. This is to cover the time (15 min) that your coach has invested in weekly check-ins/motivation, responding to messages, nutrition planning, workout plan preparation, etc.
If you arrive late to your Session, you agree that the duration of your Session will not be extended to account for the period of your lateness. For example, if, for a 45 min Session that commences at 4:00 pm, you arrive at 4:15 pm, the Session will nevertheless end at 4:45 pm.
You agree that prior to our provision of the Services, we may require you to complete a questionnaire as to your fitness goals, meal preferences and any allergies or food or dietary restrictions, among other things, and you agree to provide accurate, current and complete information.
You agree that you will remain solely responsible for your use or participation in the Services.
If, as part of the Services, we provide you with ELITE Nutritional Planning, you agree to review the plans against any of your food allergies and dietary requirements and not follow such plans if it is incompatible with any food allergy or dietary requirement you may have. You assume all risks associated with ELITE Nutritional Planning and you agree that following these Services may result in serious bodily injury or death, particularly if you have provided false information or failed to seek the advice of a medical physician.
If, as part of the Services, we provide you with ELITE Online Coaching, you agree that our provision of these Services may be subject to your acceptance of our nominated video service provider’s terms and conditions.
You agree that any result or outcome derived from the Services, will be impacted by your level of commitment and participation in the Services and results or outcomes cannot be guaranteed.
In the event that you become aware at any time of any medical, physical or psychological condition, injury or impairment that may be detrimental to your health, a risk to your health or safety or affect your proper and safe use or participation in the Services, you must immediately notify us, cease to use or participate in the Services and contact your medical provider.
You agree to notify us, or the relevant Personnel, of any pre-existing conditions that may affect your participation in the Services prior to any Session and to immediately notify us, or the relevant Personnel, of any injuries or pain that you experience during the Session.
Throughout the Term, you warrant to us that:
- you have the required physical health and fitness needed to participate in the Services; and
- you know of no medical or other reason why you cannot or should not use or participate in the Services.
Your cancellation rights
You may cancel a "no commitment" Services at any time by providing us with 30 days’ written notice (Notice Period), unless you are cancelling for medical reasons (with supporting evidence such as a medical certificate), in which case you may cancel the Services immediately. Our provision of the Services to you, and these Terms, will come to an end immediately, if you cancel for medical reasons, or on the expiry of the Notice Period, if you cancel for any other reason. You may continue to use the Services during the Notice Period.
Early cancellation of the discounted "12 month commitment" membership will result in a debt owed to and recoverable by ELITE for the remaining unpaid period. You may alternatively transfer the membership to another person to complete the commitment period.
Your pausing rights
You may pause the provision of the Services at any time by providing us with 30 days’ written notice (Pause Notification). The relevant Services will be paused from the date being 30 days after you provide us with the Pause Notification and will recommence on the earlier of the date you request for the provision of the relevant Services, or 3 months after the Pause Notification (Pause Period).
You will not be required to pay the Fees during the Pause Period. If the Pause Period were to occur during a portion of the billing cycle, you will only be required to pay the Fees on a pro-rata basis during the portion of time in the billing cycle which did not form part of the Pause Period.
You are only able to pause the Services for the maximum period of 3 months in any calendar year.
When we may suspend the Services
We may suspend the Services at any time on the following basis:
- you fail to pay any Fees;
- we have reasonable concerns for your health and/or safety; and
- you do not comply with any of our policies, Health Club Rules or you engage in improper or harmful conduct (including towards another member or our Personnel).
If we suspend the Services due to our reasonable concerns for your health and/or safety, the Services will not be reinstated until you provide us with evidence that you are fit to use the Services.
Our rights to terminate the Services
We may terminate the Services at any time on the following basis:
- you fail to pay any Fees;
- you misuse the Services;
- we have reasonable suspicions that you are engaging in illegal activity at the Health Club;
- you do not comply with any of our policies, Health Club Rules, or you engage in improper or harmful conduct (including towards another member or our Personnel);
- you breach these Terms; or
- for any other reason outside our control which has the effect of compromising our ability to provide the Services.
Effects of suspension, termination or your cancellation of the Services
In the event that we suspend or terminate the Services, suspension or termination will be effective on the date that we send you a written notice of suspension or termination.
If we suspend or terminate the Services, you must immediately cease to use the Services (including, if relevant, access to the Health Club) and we may prevent your access to the Health Club.
Any unpaid Fees you owe to us when you cancel the Services or when we suspend or terminate the Services remains immediately due and payable. If there are unpaid Fees owing to us, we have the right to engage debt collection services for the collection of unpaid and undisputed debts, and the right to commence legal proceedings for any outstanding amounts owed to us.
The termination, cancellation or expiry of these Terms will not affect any rights or liabilities which a party has accrued under it.
You agree to pay us the relevant Fees for the first Session or the first day of the Elite Membership Services, on or before the start date set out in the Registration Form or Online Form (Start Date), or as otherwise agreed between the parties.
Throughout the Term, you agree to pay all Fees on a fortnightly basis in advance via direct debit, through Mindbody’s nominated payment processor.
You authorise us to automatically deduct the Fees from your nominated bank account or debit or credit card (Automatic Direct Debit). You agree to correctly complete and deliver to us a direct debit request form authorising Mindbody’s nominated payment processor to debit the Fees from your nominated bank account or debit or credit card.
In the event that any Automatic Direct Debit payment is rejected, there will be a second Automatic Direct Debit attempt after 48 hours. If we are not able to successfully process any direct debit payment, then a $20 administration fee is payable on each occasion we are unable to direct debit your nominated bank account or debit or credit card.
We will endeavour to contact you by phone, SMS or email to inform you of any overdue payments. In the event that we cannot contact you, we will provide you with written notice of any overdue payments.
You agree to provide accurate, current and complete information in the completion of the Registration Form or the Online Form, and to update such information to keep it accurate, current and complete and advise us of any changes to the information.
All amounts are stated in Australian dollars and are inclusive of Australian GST (where applicable).
If we offer payment via a third party payment processor, such as through the Mindbody’s nominated payment processor, the payment may be subject to the third party’s terms and conditions.
You must not pay, or attempt to pay, the Fee by fraudulent or unlawful means. In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the Fee.
If any payment for the Services has not been made within 7 days of the due date, we may, at our sole discretion:
- charge you interest for any unpaid amount, at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 8% per annum, calculated daily and compounding monthly; or
- suspend or terminate the Services, in accordance with these Terms.
Alteration of these Terms or the Fees
We may change any Fees or these Terms by providing you with written notice of any change. The changes will take effect 30 days after written notice is provided to you, and will not affect any Products already ordered by you. If you receive ongoing Services from us, and you do not agree to any amendment made to the Fees or these Terms, you may cancel these Terms in accordance with the cancellation provisions set out in these Terms.
If there is a change to the Fees, you authorise us or our third party payment processor to debit the new Fees from your nominated bank account or debit or credit card.
Certain legislation including the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth) (ACL), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to our provision of the Services or Products which cannot be excluded, restricted or modified (Statutory Rights).
If the ACL applies to you as a consumer, nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our liability for the Services and Products provided to a person defined as a consumer under the ACL is governed solely by the ACL and these Terms.
Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
However, under certain legislative provisions, we can ask you to accept some limitations to the ACL guarantees. By accepting these Terms, you agree that we may, to the extent permitted by law, exclude or limit our Liability (as defined below) to you for death or injury from our failure to comply with the ACL guarantees. This exclusion does not apply if your death or injury is caused by our reckless conduct (as defined in the ACL).
For the purposes of this clause, “Liability” means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
Exclusions to our liability: Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:
- any acts or omissions of you or any third party, including any third party that you allow into the Health Club or any other member of the Health Club;
- any use or application of the Services by a person or entity other than you, or other than as reasonably contemplated by these Terms;
- any theft or damage to property (including personal items);
- any injury or loss to any person;
- any defect, error, omission, lack of suitability or benefit (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Services;
- any failure or delay in providing the Products and/or Services;
- your breach of these Terms or any law; and/or
- any event or circumstance beyond our reasonable control.
Limitations on Liability: Despite anything to the contrary, to the maximum extent permitted by law:
- neither party will be liable for any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statue, contract, equity, tort (including negligence), indemnity or otherwise);
- a party’s Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other party; and
- our maximum aggregate Liability arising from or in connection with these Terms (including the Services and Products we provide and/or the subject matter of these Terms) will be limited to, and must not exceed the aggregate Fees paid by you to us during the three-month period immediately preceding the event that gave rise to the Liability or $100 if no such Fees have been paid in the three-month period immediately preceding the event that gave rise to the Liability.
Indemnity: Despite anything to the contrary, to the maximum extent permitted by law, you are liable for and agree to indemnify, hold harmless, release and discharge, us in respect of any Liability which we may suffer, incur or are otherwise liable for as a result of, or in connection with any loss of, or damage to:
- any documentation or information provided by you;
- any damage to any equipment in the Health Club that is caused, or contributed to, by you; or
- any breach of these Terms or any act or omission by you.
This clause ‘Liabilities’ will survive the termination of these Terms.
Complaints and concerns
If you wish to raise any concerns or complaints regarding the Products or Services (including the Health Club), please raise these with us so we can attempt to resolve the issue. Please contact us in writing and provide any documentation relevant to your concern and let us know how you would like the matter to be resolved. We will aim to resolve any issues you may have in good faith.
We may refer you to physiotherapists or other related service providers. You agree that we are not a party to any agreement you may have with any service provider we may refer you to. We make no warranty, representation or guarantee, with regard to any service provider we may refer you to, and we will not be liable for the provision of any services by any third party.
Non-solicitation of Personnel
You agree that during the Term, and for 12 months thereafter, you will not solicit, retain, engage or otherwise contract any of our Personnel (who you were introduced to you through our provision of the Services), in any capacity, whether directly or indirectly, other than through our provision of the Services. You agree that this does not unreasonably restrict your rights and that this is necessary to protect our legitimate business interests.
Privacy and Security Measures
For security purposes, we may install and use video surveillance equipment to monitor the Health Club.
By accepting these Terms, you acknowledge and agree that by accessing the Health Club you may be filmed or recorded. Video surveillance is not installed in bathrooms or changing rooms.
We may disclose that information to third party service providers who help us deliver our services (including our delivery company, inventory management software, information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information, we may not be able to provide our products to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia
Media Usage and Image Consent
By participating in activities with Elite Health Club, you acknowledge and agree to the following:
1. Digital images, photographs, and videos taken, recorded, or commissioned by Elite Health Club, either by itself, through third-party services, or by any of its past, current, or future staff members, may be utilised by Elite Health Club for promotional, marketing, educational, and other business-related purposes.
2. This includes but is not limited to usage on social media accounts, posters, seminars, websites, or any other promotional material associated with Elite Health Club or it's coaches.
3. If a coach or staff member joins our team and possesses transformation photos, videos, or other relevant media from their past coaching endeavours, and you are depicted or represented in such media, you hereby grant Elite Health Club the right to use such media for promotional purposes. This is on the condition that said media was originally created with your knowledge and approval.
4. You further consent to the use of your progress photos, stage photos, videos, and any related content for commercial and promotional purposes to highlight and endorse Elite Health Club and its coaches.
5. By agreeing to these terms, you waive any right to royalties or any other form of compensation arising from or related to the use of your image, likeness, or content.
As between the parties, all intellectual property rights developed, adapted, modified or created by or on behalf of us or our Personnel (including in connection with these Terms, the provision of the Services and/or developed by us or our Personnel independent of this Agreement), will at all times vest, or remain vested, in us. Nothing in these Terms constitutes a transfer or assignment of any of our intellectual property rights unless expressly stated.
If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
You may not assign, transfer or delegate these Terms and your rights and obligations hereunder without our prior written consent. We may without restriction assign, transfer or delegate these Terms and any rights and obligations hereunder, at our sole discretion, with 30 days’ prior notice.
These Terms are governed by the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
For any questions and notices, please contact us at:
Elite Health Club Pty Ltd (ABN 25 643 974 216)