terms & Conditions

 

TERMS AND CONDITIONS

Terms and Conditions of Service

In these Terms, when we say you or your, we mean the athlete that purchases an annual pass to a membership with us or has the authority to enter into these terms on behalf of their child. When we say we, us, or our, we mean Athletes Authority Pty Ltd (ACN 618 303 101). We and you are each a Party to these Terms, and together, the Parties.

These Terms form our contract with you, and sets out our obligations as a service provider and your obligations as a customer. You cannot use our Services unless you agree to these Terms.Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.For questions about these Terms, or to get in touch with us, please email: info@athletesauthority.com.au

These Terms were last updated on 13 December 2023.

OUR DISCLOSURES

Please read these Terms carefully before you accept. We draw your attention to the fact that:

- by signing up to the Athletes Development Program you are agreeing to an annual pass with a minimum 12-month Initial Term. The Rehabilitation Program Initial Term will be 3,6,9 or 12 months as agreed between the Parties. You will not be able to terminate these Terms for convenience during the Initial Term of either program;

- your Membership will automatically renew for rolling successive one-month periods unless we receive written notice no later than 30 days prior to the end of the Initial Term or Renewal Term;

- we do not allow any suspension or freezing of your Membership. If you are unable to attend the Premises in person, we will provide the Services virtually online;

- your membership is subject to a 48-hour cooling off period as set out in clause 13.3; and

- participation in the Program Subscription could expose you to risk of death, physical harm or personal injury as set out in clause 3.

- subject to your Consumer Law Rights:

-(where our Services are not ordinarily acquired for personal, domestic or household use or consumption) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again;

- our aggregate liability for any Liability arising from or in connection with these Terms will be limited to the Price paid by you to us in respect of the supply of the relevant Services to which the Liability relates;

- we will not be liable for Consequential Loss or delays or failures in performance due to Force Majeure Events; and

- any payments made by you to us for Services already performed are not refundable to you.

These Terms do not intend to limit your rights and remedies at Law, including any of your Consumer Law Rights.

1.Engagement and Initial Term

1.1 Your annual Membership pass to the Athletes Development Program starts on the Commencement Date and lasts for a minimum of 12 months. The Rehabilitation Program's duration, either 3, 6, 9 or 12 months, will be agreed upon by the Parties, which you will confirm by accepting the link we send you. The minimum duration for both programs is defined as the Initial Term.

2.Services

2.1 The Services include an annual pass to the following as part of the program subscription (Program Subscription or Membership):(a)The Athletes Development Program including:(i)Performance Testing;(ii)Unlimited Training & Gym Access;(iii)Speed/Agility Field Sessions;(iv)Access to Sports Physiotherapy at AA Discounted Rates;(v)Monthly Mental Skills Sessions;(vi)Monthly Sports Dietician Workshops;(vii)Monthly EAP (Emerging Athlete Program) Sessions; and(viii)Individualised Training Programs, and(b)The Rehabilitation Program including all of the features of the Athletes Development Program in addition to weekly one on one physiotherapy consultations (Physiotherapy Session).

2.2 In consideration of your payment of the Fees, we will provide the Services in accordance with these Terms, whether ourselves or through our Personnel.

2.3 All variations to the Services must be agreed in writing between the Parties and will be priced in accordance with any schedule of rates provided by us, or otherwise as reasonably agreed between the Parties. If we consider that any instructions or directions from you constitute a variation to the scope of the Services or our obligations under these Terms, then we will not be obliged to comply with such instructions or directions unless agreed in accordance with this clause.

3.Risk Warning and Warranties

3.1 Please note that your participation in the Program Subscription may expose you to the risk of death, physical harm or personal injury. The risk of death, physical harm or personal injury may arise from, but is not limited to, third party participants, your physical fitness level, strenuous exercises, your training technique or equipment supplied by us. You agree and acknowledge that death, 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 Program Subscription.

3.2 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 or affect your proper and safe use of the Gym Facilities, the Program Subscription or any tailored training program, you must immediately notify us, cease using the Gym Facilities, the relevant services provided as part of the Program Subscription and any tailored training program and contact your medical provider.

3.3 You are solely responsible for determining the suitability of the Program Subscription, your tailored training program and any Gym Facilities and your reliance on any information that is provided to you is at your own risk.

3.4 We may, from time to time allow access to the Premises to external third parties and other athletes.

3.5 We do not provide any guarantee as to the number of Personnel available, at any time, in the Premises.

3.6 You represent and warrant that:

(a)you are 18 years or older, or if you are under 18 years, you have the consent of a legal guardian to participate in the Program Subscription and that you meet the minimum age requirements;

(b)if you are signing on behalf of your child, you have informed your child of the rules of participating in the Program Subscription;

(c)you will cooperate with us, and provide us with information and instructions that are reasonably necessary to enable us to provide the Program Subscription, as requested by us from time to time, and will comply with these requests in a timely manner;

(d)any information you provide to us is true, correct and complete;

(e)where you are aware of or become aware of, any physical or medical conditions that prevent you from participating in the Program Subscription or any part of your tailored program, you will inform us and either, you will not participate in the Program Subscription or the relevant part of your tailored program; or you have received consent from a medical professional to participate in the Program Subscription or the relevant part of your tailored program;

(f)you will follow our reasonable instructions;

(g)you will inform us if you have reasonable concerns relating to our provision of the Program Subscription under these Terms, with the aim that the parties will use all reasonable efforts to resolve your concerns;

(h)you are responsible for obtaining any consents, licences and permissions from other parties (such as medical practitioners) necessary for the Program Subscription and/or your tailored program to be provided to you, at your cost, and for providing us with the necessary consents, licences and permissions which we may require; and

(i)you will not participate in the Program Subscription, attend our gym or participate in any part of your tailored program if you are suffering from any illness, disease, injury or other condition that could be a risk to your health or safety or that of other Personnel.

4.Your Obligations

4.1 You agree to:

(a)comply with these Terms, all applicable Laws, and our reasonable requests;

(b)provide us with all documentation, information, instructions, cooperation and access reasonably necessary to enable us to provide the Services;

(c)not (or not attempt to) disclose, or provide access to, the Services to third parties without our prior written consent;

(d)not to use the Premises for commercial or business-related activities and to refrain from causing disruption to other members or other people in the Premises;

(e)To check in to the facility each time you arrive at the Premises before participating in the Program Subscription or using any Gym Facilities;

(f)not allow non-members into the Premises and to report any non-members you observe to be present on the Premises;(g)not be under the influence of alcohol or non-prescription drugs when in the Premises or when participating in the Program Subscription;

(h)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 a third party;

(i)respect all Personnel, fellow members, equipment and facilities and ensure you leave equipment as you found it;

(j)keep any belongings and valuables you bring into the Premises safe;

(k)wear enclosed shoes and suitable clothing at all times when participating in the Program Subscription; and

(l)cooperate with us, and provide us with information and instructions that are reasonably necessary to enable us to provide the Program Subscription, as requested by us from to time, and comply with these requests in a timely manner.

4.2 You agree to pay our additional costs reasonably incurred as a result of you failing to comply with this clause 3.

5.Bookings: Classes and Facilities

5.1 You must make a booking to attend any of our scheduled sessions or to use any of our Gym Facilities that require bookings, including the recovery booth. All bookings are required to be made 24 hours in advance.

5.2You may make bookings via the Platform or by contacting us to request a booking. Bookings are not confirmed until you receive a confirmation message, either via your account on the Platform or via email.

5.3You may cancel bookings via the Platform or by calling us.If you cancel bookings within 12 hours prior to the start of the booking, or do not attend a booking, you will be charged a $20 administration fee, that will be billed in your next billing cycle.

5.4If you do not cancel a booking in accordance with the above clause or you continuously cancel your bookings, you may receive a strike against your Membership. If your Membership is subject to two strikes, you will be issued a warning and if you receive a third strike, the number of bookings you may make will be limited as communicated by us to you.

6.Bookings: Physiotherapy Sessions (Rehabilitation Program)

6.1 You must make a booking to attend a Physiotherapy Session. All bookings are required to be made at least 24 hours in advance.

6.2You may make bookings for a Physiotherapy Session using Cliniko. Bookings are not confirmed until you receive a confirmation via email. You may also receive an email reminder for your Physiotherapy Session 24 hours in advance of your booking.

6.3If you cancel a Physiotherapy Session booking more than 24 hours in advance of your booking, you can reschedule your booking through Cliniko.

6.4If you cancel a Physiotherapy Session less than 24 hours in advance of your booking or do not show up to a Physiotherapy Session you may lose your Physiotherapy Session for that week or the physiotherapist may reschedule your booking for that week, depending on their availability.

7.Fees and Payment

7.1 You agree to pay us the Fee and any other amounts payable to us under these Terms, in accordance with the following:(a)If you are paying a weekly Fee, you must pay us the Fee weekly each Monday using direct debit payment and if you are paying an annual Fee, you must pay us the Fee on or before the Start Date and on each anniversary of the Start Date using direct debit payment (Direct Debit);

(b)If the date we take Direct Debit payment is on a weekend or public holiday, we make take Direct Debit payment on the following business day; and

(c)If you are paying an annual Fee, we may allow you to pay us by bank transfer rather than Direct Debit, by paying the invoice we provide you with, on the terms set out in the invoice, or, if you are renewing your Membership, you may request to change to weekly Direct Debits.

7.2 By authorising Direct Debit, you permit EziDebit Pty Ltd ABN 67 096 902 813 to debit your account for the Fee, as set out on the Platform, for the duration of the Term. Additional fees (being bank charges or administrative charges incurred by our third party payment provider) may apply for any overdue or late payments.

7.3 Without limiting any other provision of these Terms, we may increase the Fees for the Program Subscription, with 30 days' notice to you via email and the increased Fees will apply to any renewal of your Program Subscription after the expiry of the Initial Term. If you disagree with our changes, you may terminate these Terms by providing us with 14 days' notice before the Terms renew.

7.4 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 overdue payments.

7.5 If any payment has not been made within 14 days of the due date set out in the Payment Terms, we may (at our absolute discretion) immediately cease providing the Program Subscription or restrict your access to the Premises.

7.6If any payment has not been made by the due date set out in the Payment Terms, we may 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.

7.7 We reserve the right to engage debt collection services for the collection of unpaid and undisputed debt, including the fees for our engagement of debt collection services, and the right to commence legal proceedings for any outstanding amounts owed to us.

8.Confidential Information

8.1 Subject to clause 8.2, each Party must (and must ensure that its Personnel do) keep confidential, and not use or permit any unauthorised use of, confidential information provided by the other Party.

8.2 Clause 8.1 does not apply where the disclosure is required by Law or the disclosure is to a professional adviser in order to obtain advice in relation to matters arising in connection with these Terms and provided that the disclosing Party ensures the adviser complies with the terms of clause 8.1.

8.3This clause 8 will survive the termination of these Terms.

9.Privacy

9.1 If you are required to provide us with Personal Information so that we can provide the Services, you agree to comply with the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth), and any other applicable Laws relating to privacy (Privacy Laws).

9.2 Without limiting this clause 9, you must ensure that:(a)you have collected, used, stored and otherwise dealt with Personal Information in accordance with all Privacy Laws; and(b)we are capable of collecting, using, storing and otherwise dealing with Personal Information, in the manner contemplated by these Terms, without infringing any third party rights or violating any Privacy Laws.

9.3 Without limiting this clause 9, you agree to only disclose Personal Information to us if:(a)you are authorised by the Privacy Laws to collect the Personal Information and to use or disclose it in the manner required by these Terms; and(b)you have informed the individual to whom the Personal Information relates, that their Personal Information will be disclosed to us.

9.4 We agree to handle any Personal Information you provide to us, solely for the purpose of performing our obligations under these Terms, and in accordance with any applicable Laws.

10.Australian Consumer Law

10.1 Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the supply of the Services by us to you which cannot be excluded, restricted or modified (Consumer Law Rights). To the extent that you maintain Consumer Law Rights at Law, nothing in these Terms excludes those Consumer Law Rights.

10.2 Subject to your Consumer Law Rights, we provide all material, work and services (including the Services) to you without conditions or warranties of any kind, implied or otherwise, whether in statute, at Law or on any other basis, except where expressly set out in these Terms.

10.3 This clause 10 will survive the termination or expiry of these Terms.

11.Liability

WARNING UNDER THE AUSTRALIAN CONSUMER LAW and CIVIL LIABILITY ACT 2002 (NSW)

11.1 By accepting these Terms, you agree that you have read the risk warning on the front page of these Terms and at clause 3, and you are aware that the Program Subscription is a recreational activity (as that term is defined in the Civil Liability Act 2002 (NSW)) and a recreational service (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) and that it can be dangerous. Recreational activities include your use of our Gym Facilities, your participation in the Program Subscription or your child's use of the Gym Facilities or participation in the Program Subscription. You accept that there is a degree of risk and you acknowledge that by participating in the Program Subscription you do so at your own risk.

11.2 You agree to release Athletes Authority Pty Ltd and any affiliates and all parties (including our Personnel) associated with organising and delivering the Program Subscription from any responsibility or legal liability in connection with the recreational activities or services. You agree that any liability in relation to recreational activities or services for death, physical or mental injury (including aggravation, acceleration or recurrence of such an injury) or the contraction, aggravation or acceleration of a disease or the coming into existence, the aggravation, acceleration or recurrence of any other 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 your or the community; or

11.3 that may result in harm or disadvantage to you or the community in connection with the recreational activity or your attendance at the Premises and participation in the Program Subscription is excluded.

11.4 This release does not apply to significant personal injury caused by reckless conduct by Athletes Authority Pty Ltd. If you have accepted these Terms on behalf of your child, you agree to the release and exclusion of liability above in relation to your child's participation in the recreational activities and services.

11.5 This clause 11 will survive the termination or expiry of these Terms.

12.Limitation of Liability

12.1 Our maximum aggregate Liability arising from or in connection with these Terms is limited to us re-supplying the Program Subscription to you, or, at our option, refunding to you the amount you have paid us for the Program Subscription; and

12.2 we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with:(a)any loss, theft or damage to your property (including personal items);(b)any negligent acts or omissions of you or any third party, including any third party that you allow onto the Premises or to use any part of the Program Subscription and/or any other member or user of the Premises; and/or(c)lack of suitability or benefit (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Program Subscription.

12.3 This clause 12 will survive the termination or expiry of these Terms.

13.Termination

13.1 Your Membership will begin on the Start Date and continue for the Initial Term.

13.2 Upon expiration of the Initial Term, the term will automatically renew for successive one-month periods (each a Monthly Renewal Term) on a rolling basis, unless either Party gives written notice to the other no later than 30 days prior to the end of the Term. You also have the option to extend your annual pass at the conclusion of the Initial Term or Monthly Renewal Term, to secure an additional 12-month term (Yearly Renewal Term) by providing us with notice 30 day's notice.

13.3 If you are on the Rehabilitation Program, you will rollover to the Athletes Development Program, and if you are on the Athletes Development Program initially, this will continue.

13.4 Membership is subject to a 48-hour cooling-off period which commences on the Start Date unless we are not open for business on the Start Date, in which case, the cooling- off period will start from the time that we next open. The cooling-off period ends 48 hours after it starts. During which, either you or we can terminate your membership by giving notice in writing (including by email).

13.5 If your Membership is terminated within the cooling-off period in accordance with clause 13.3:(a)both parties will be discharged from any obligations and/or Liabilities under these Terms; and(b)you will be entitled to a refund of any Fees paid by you; however, we may deduct (or invoice you if necessary) the cost of any services which you used during the cooling-off period in accordance with our fees for such services, and an administration fee of $70.

13.6 In circumstances where you succumb to a recognised medical condition or injury that prohibits you from participating in the Athletes Development Program (and you provide sufficient evidence of the same to our reasonable satisfaction), you may cancel your membership in which case:(a)we will charge you an administration fee of $70;(b)we will waive any further Fees if you are on a weekly payment plan, however, you will need to pay the cost of any services which you used in accordance with our fees for such services, including performance testing, physiotherapy sessions, the onboarding week and goal setting and mindset course; and(c)if you have paid an annual Fee upfront, we will refund you on a pro rata basis for the part of the Athletes Development Program you have not used less the benefit of the discount provided to you by paying your annual fees upfront; however we will also deduct the cost of any services which you used in accordance with our fees for such services, including performance testing, physiotherapy sessions, the onboarding week and goal setting and mindset course.

13.7 You may terminate these Terms immediately upon written notice, if we commit a material breach of these Terms and we do not remedy the breach within 14 days of you giving us notice to do so, in which case you will be entitled to a pro rata refund for any Fees already paid by you to us, we will not charge you any further Fees and we will cease providing the Program Subscription to you.

13.8 We may terminate these Terms, immediately upon written notice, if:(a)you commit a serious breach of these Terms;(b)you breach these Terms and you do not remedy the breach within 14 days of us giving you notice to do so;(c)you act in a manner that is dangerous or abusive to any person;(d)any payment has not been made within 7 days of the due date set out in the Payment Terms; or(e)you breach any terms and conditions set out on any Direct Debit request or authorisation form.

13.9 If we terminate your Membership for any reason outlined in clause 13.7 we may (without limiting any other right or remedy) recover any reasonable costs and expenses we incur as a result of your breach.

13.10 If you are on a weekly payment plan, upon termination or expiry of these Terms, except for termination due to our breach, or termination by you during the Cooling Off Period, you agree that any Fees paid, are not refundable to you.

13.11 Termination of these Terms will not affect any rights or liabilities which a party has accrued under it.

13.12 We do not allow any suspension or freezing of your Membership. If you are unable to attend the Premises in person, we will provide the Services virtually online.

14.General

14.1 Amendment: Subject to clauses 2.3 and 1, these Terms may only be amended by written instrument executed by the Parties.

14.2 Assignment: Subject to clauses 14.3 and 1, a Party must not assign, novate or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).

14.3 Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.

14.4 Disputes: A Party may not commence court proceedings relating to any dispute arising from, or in connection with, these Terms (Dispute) without first meeting a representative of the other Party within 10 Business Days of notifying that other Party of the Dispute. If the Parties cannot resolve the Dispute at that meeting, either Party may refer the Dispute to mediation administered by the Australian Disputes Centre.

14.5 Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided that the Party seeking to rely on the benefit of this clause:(a)as soon as reasonably practical, notifies the other Party in writing details of the Force Majeure Event, and the extent to which it is unable to perform its obligations; and(b)uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.Where the Force Majeure Event prevents a Party from performing a material obligation under these Terms for a period in excess of 60 days, then the other Party may by notice terminate these Terms, which will be effective immediately, unless otherwise stated in the notice. This clause will not apply to a Party's obligation to pay any amount that is due and payable to the other Party under these Terms.

14.6 Governing Law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

14.7 Publicity: Despite clause 8, you agree that we may advertise or publicise the broad nature of our supply of the Services to you, including on our website or in our promotional material.

15.Definitions

ACL or Australian Consumer Law means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time.Business Day means a day on which banks are open for general banking business in Sydney, New South Wales, excluding Saturdays, Sundays and public holidays.Commencement Date means the date that is the earlier of:(a)The date that you confirm your acceptance of these Terms through email or the Platform, whether on behalf of you or your child and you complete the Direct Debit Request form (if applicable); or(b)The date you pay us the required Fees (the total annual fee if you are paying annually and the initial weekly fee if you are paying weekly).

Consequential Loss includes any consequential loss, special or indirect loss, 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 statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us the Fees will not constitute "Consequential Loss".

Consumer Law Rights has the meaning given in clause 10.1.Fee means the fees payable by you to us for the Program Subscription as set out on the Platform.

Force Majeure Event means any event or circumstance which is beyond a Party's reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.

Gym Facilities means the space and gym equipment we offer for your use, including the weights room, machines, recovery booth and change rooms.

Law means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any government or similar authority with the power to bind or impose obligations on the relevant Party in connection with these Terms or the supply of the Services.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.

Payment Terms means the timings for payment of the Price, as set out in clause 7.

Personal Information means information or an opinion, whether true or not and whether recorded in a material form or not, about an individual who is identified or reasonably identifiable.

Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents, but in respect of you, does not include us.

Premises means Sydney Facility -16 Dickson Avenue, Artarmon NSW 2064 OR Melbourne Facility – Unit 8/1-7 Friars Road, Moorabbin VIC 3189.

Platform means the Gym Master platform, our website available at https://athletesauthority.com.au, or any other address or channel where you can purchase the Program Subscriptions.

Services means the services set out in clause 2.

Terms means these terms and conditions and any documents attached to, or referred to in, each of them.

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