These Terms and Conditions and any document referred to in them (Terms) are between Athletes Authority Pty Ltd ABN 98 618 303 101, its successors and assignees (referred to as “we”, “us” or “our”) and you, the athlete that purchases a Membership (referred to as “you” or “your”), each a party and collectively the parties. These Terms will apply to your Program Subscription (either the Athletes Development Program and/or the Rehabilitation Program, as selected by you) as provided by us to you, or to your child.

The Athletes Development Program and Elite Performance Program includes the following:

·       Performance Testing;

·       Unlimited Team Training & Gym Access;

·       Speed/Agility Field Sessions;

·       Discounted consults with our sports physiotherapist;

·       Master Your Mental Game Online Course;

·       A consult with our sports dietician; and

·       Individualised Programs.

The Rehabilitation Program includes all the above in addition to the following:

·       1 to 1 Physiotherapy Sessions as needed.

We will have no obligation or Liability in connection with the Program Subscription until you accept these Terms. You will be deemed to have accepted these Terms by signing and returning these Terms to us, whether on behalf of yourself or your child. If you accept these Terms on behalf of your child, any reference to “you” will be to your child where applicable.

Your Membership will start on the Start Date, provided 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);

·       you have paid us the required Fees (the total annual fee if you are paying annually and the initial weekly fee if you are paying weekly); and

·       any other conditions precedent contemplated by these Terms are satisfied.

IMPORTANT INFORMATION:

Risk Warning: 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.

By accepting these Terms, you agree that:

·       where you are paying by direct debit, you allow us to direct debit the Fee until these Terms are terminated;

·       a Minimum Initial Commitment Period applies during which you cannot terminate these Terms. Following this period, the Membership will automatically renew on month-to-month basis unless either party gives 28 days’ notice of termination prior to the renewal; 

·       subject to your rights under the Australian Consumer Law, we will not refund any amounts paid by you;

·       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 Minimum Initial Commitment Period. If you disagree with our changes, you may terminate these Terms without liability to us by providing us with 14 days’ notice before the Terms renew.

·       our maximum aggregate liability for any Liability arising from or in connection with these Terms is limited to the Fees paid by you in the 12 months immediately preceding the act, event or omission giving rise to the Liability (and where there has been less than 12 months of Fees paid, an amount equal to 12 months of Fees calculated on a pro rata basis having regard to the amount of Fees paid and the period of time).  

·       subject to your rights under the Australian Consumer Law, we will not be liable for any loss or damage to your property, any acts or omissions of third parties, or any lack of suitability or benefit with respect to the Program Subscription; and

·       where we terminate these Terms for your breach of these Terms, we will charge an Early Termination Fee.

If an automatic debit arrangement is in place, the Fee will continue to be debited from your credit card or account until the arrangement is cancelled by you or us notifying your bank or credit provider. If you terminate the agreement or stop the automatic debit arrangement in a manner not described in the agreement, then you may be liable to us for damages for breach of contract.

Your 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 are 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).

1       Definitions

In these Terms, unless the context otherwise requires, capitalised terms have the following meaning:

Athletes Development Program means the athletes development program that we offer, as further particularised above.

Early Termination Fee means the fee payable by you to us for early termination, as set out on the Platform.

Consequential Loss means, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise:

(a)      any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the parties at the time they entered into this Agreement as the probable results of the relevant breach, act or omission; and/or

(b)      without limiting subclause (a), 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.

However, the parties agree that your obligation to pay us the Fee under this Agreement will not constitute “Consequential Loss”.

Fee means the fees payable by you to us for the Program Subscription as set out on the Platform.

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

Liability means any expense, cost, liability, loss, damage, claim, demand or proceeding (whether under statute, contract, equity, tort, indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent.

Membership is your right to access the Program Subscription and the Gym Facilities, subject to and in accordance with these Terms.

Minimum Age Requirements means the minimum age requirements as communicated by us which may apply to the Program Subscription or our Gym Facilities if you are under the age of 18 years.

Minimum Initial Commitment Period means any minimum Membership term or duration that applies to your Membership as set out on the Platform.

Opening Hours means the periods as set out on our Site, as updated from time to time or as otherwise communicated to you.

Personnel means, any of our employees, consultants, suppliers, subcontractors, agents, instructors, trainers, affiliates and members.

Physiotherapy Session means a physiotherapy session that may be included as part of your Program Subscription, which requires a booking, or you may book into on an ad hoc basis.

Platform means the Gym Master platform, the Site, or any other address or channel where you can purchase the Program Subscriptions.

Premises means 16 Dickson Avenue, Artarmon NSW 2064 and 8/1-7 Friars Road, Moorabin.

Program Subscription means the membership program you choose to participate in, as selected by you on GymMaster (either the Athletes Development Program or the Rehabilitation Program).

Rehabilitation Program means the rehabilitation program that we offer, as further particularised above.

Site means our website available at https://athletesauthority.com.au and may be available through other addresses or channels.

Start Date means the date that you are deemed to have accepted these Terms.

Term means the term of these Terms, commencing on the Start Date and ending on the later of the completion of the Minimum Initial Commitment Period, the expiry of any Renewal Terms and the date on which these Terms are terminated in accordance with their terms.

2       Commencement

We will commence the provision of the Program Subscription on the Start Date and continue to provide the Program Subscription for the Term.

3       Our obligations

(a)    In consideration of you paying us the Fees, we will provide the Program Subscription in accordance with these Terms, whether ourselves or through our Personnel.

(b)    We will use our best endeavours to ensure the Premises is open during the Opening Hours.

4       General Terms

You acknowledge and agree that:

(1)      the provision of the Program Subscription or any part of any tailored training plan may be subject to availability of facilities or Personnel, screening or our performance testing process which you will be required to fulfil. We reserve the right to refrain from providing you access to certain Gym Facilities or parts of any tailored training program if you fail to fulfil the requirements of the performance testing or screening process;

(2)      we may make changes to these Terms, including the availability, timing or frequency of classes, support and inclusions in your Program Subscription, from time to time, by giving you at least 30 days’ notice. If we give you notice of any changes and the changes have a material adverse effect you, you may notify us of this and provide evidence of this material adverse effect before the new terms come into effect and we will either remedy your concerns or you may terminate these Terms without any liability to us[LV1]  by providing us with 14 days’ notice from the date we provided notice of the changes. In which case we will not charge you any further Fees once your Term has ended and we will cease providing the Program Subscription to you.; and

(3)      in order to access and make use of the Program Subscription (including but not limited to booking in for classes or physiotherapy appointments), you may need to create an account using an email address and password with GymMaster, and Cliniko for physiotherapy appointments.

5       Rules of Conduct

Despite anything to the contrary, to the maximum extent permitted by law, you acknowledge and agree:

(1)      to comply with these Terms, all applicable laws, and all of our reasonable requests or requirements at all times during the term of these Terms;

(2)      to observe any applicable house rules or conditions that are introduced or otherwise communicated by us, from time to time;

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

(4)      to sign in at the reception desk each time you arrive at the Premises before participating in the Program Subscription or using any Gym Facilities;

(5)      to not allow non-members into the Premises and to report any non-members you observe to be present on the Premises;

(6)      to not be under the influence of alcohol or non-prescription drugs when in the Premises or when participating in the Program Subscription;

(7)      to 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;

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

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

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

(11)    to 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; and

(12)    that you will remain solely responsible for all and any activities you undertake through the use of the Program Subscription.

6       Your acknowledgements and warranties

(a)    Despite anything to the contrary, to the maximum extent permitted by law, you acknowledge and agree that:

(1)      RISK WARNING: 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;

(2)      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)      we may, from time to time allow access to the Premises to external third parties and other athletes; and

(4)      we do not provide any guarantee as to the number of Personnel available, at any time, in the Premises.

(b)    You represent and warrant that:

(1)      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;

(2)      if you are signing on behalf of your child, you have informed your child of the rules of participating in the Program Subscription and sought their individual consent in relation to clause 15;

(3)      there are no legal restrictions preventing you from agreeing to these Terms;

(4)      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;

(5)      you will at all times comply with the rules of conduct set out in clause 5;

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

(7)      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;

(8)      you will follow our reasonable instructions;

(9)      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;

(10)    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

(11)    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.

7       Bookings: Classes and Facilities

(a)    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.

(b)    You 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.

(c)     You may cancel bookings via the Platform or by calling us.

(d)    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.[LV2] 

(e)    If 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.

8       Bookings: Physiotherapy Sessions (for the Rehabilitation Program only)

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

(b)    You 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.

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

(d)    If 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.

9       Payment

(a)    You agree to pay us the Fee and any other amounts payable to us under these Terms (Payment Terms), in accordance with the following:

(1)      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 (in other words, each year thereafter) using direct debit payment (Direct Debit);

(2)      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

(3)      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.

(b)    You acknowledge that if you have chosen the weekly payment plan, the Fees are payable weekly for the whole Term.

(c)     Where you have agreed to make payment by way of Direct Debit, we may directly debit from your nominated account or credit card any amounts due and payable under these Terms in accordance with our Direct Debit request form and any other terms or conditions agreed by you at the time of authorising us to directly debit your nominated account.

(d)    By authorising us to Direct Debit, you authorise EziDebit Pty Ltd ABN 67 096 902 813 to continually debit your account through the Bulk Electronic Clearing System (BECS) on behalf of us for the Fee, and at the times and frequency as set out on the Platform, for the duration of the Term.

(e)    We may change our third party payment provider at any time, in our sole discretion. In these circumstances, we will notify you and you must complete and deliver to us a new Direct Debit request form authorising our new third party payment provider to debit the Fee from your nominated bank account.

(f)     Additional fees (being bank charges or administrative charges incurred by our third party payment provider) may apply for any overdue or late payments.[LV3] 

(g)    If you are paying weekly and the Start Date does not fall on a Monday, your first payment will be calculated on a proportional basis according to the number of days left until the first Monday billing date.

(h)    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 Minimum Initial Commitment Period. If you disagree with our changes, you may terminate these Terms without any liability to us by providing us with 14 days’ notice before the Terms renew.

(i)     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.

(j)     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.

(k)    If 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 2% per annum, calculated daily and compounding monthly.

(l)     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.

10     Australian Consumer Law

(a)    Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to our provision of the Program Subscription which cannot be excluded, restricted or modified (Statutory Rights). Nothing in this Agreement excludes your Statutory Rights as a consumer under the ACL.

(b)    You agree that our Liability for the provision of the Program Subscription is governed solely by the ACL and these Terms.

(c)     Subject to your Statutory Rights, we exclude all express and implied warranties, representations and guarantees of any kind (whether under statute, law, equity or on any other basis) and all materials, work, goods and services (including the Program Subscription) are provided to you without warranties, representations and guarantees of any kind.

(d)    This clause 10 will survive the termination or expiry of these Terms.

11     Liability – Recreational Activities

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

(a)    By accepting these Terms, you agree that you have read the risk warning on the front page of these Terms and at clause 6(a)(1), 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.

(b)    Despite anything to the contrary, to the maximum extent permitted by law, you acknowledge and agree that we will not be liable for, and you agree to waive and release us, Athletes Authority Pty Ltd, any affiliates and all parties (including our Personnel) associated with organising and delivering the Program Subscription from any Liability arising from or in connection with the Program Subscription and any recreational activities or services in so far as they are a recreational activity or a recreational service .

(c)     For the avoidance of doubt, you agree to release us from any Liability and waive any claims for:

(1)      death;

(2)      physical or mental injury (including aggravation, acceleration or recurrence of such an injury);

(3)      the contraction, aggravation or acceleration of a disease; or

(4)      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 (i) is or may be harmful or disadvantageous to your or the community; or (ii) may result in harm or disadvantage to you or the community, arising from or in connection with the recreational activity or your attendance at the Premises and participation in the Program Subscription.

(d)    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.

(e)    This clause 11 will survive the termination or expiry of these Terms.

12     Limitations

(a)    Despite anything to the contrary, to the maximum extent permitted by law:

(1)      you warrant that you have not relied upon any warranty, representation, statement, offer or documentation made or provided by or on behalf of us;

(2)      you agree that these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms;

(3)      our maximum aggregate liability for any Liability arising from or in connection with these Terms is limited to the Fees paid by you in the 12 months immediately preceding the act, event or omission giving rise to the Liability (and where there has been less than 12 months of Fees paid, an amount equal to 12 months of Fees calculated on a pro rata basis having regard to the amount of Fees paid and the period of time);[LV4] 

(4)      we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with:

                              i.       the Program Subscription to the extent it is a recreational activity or recreational service (as those terms area defined in clause 11(a));

                             ii.       any loss, theft or damage to your property (including personal items);

                            iii.       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

                            iv.       lack of suitability or benefit (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Program Subscription.

(b)    Neither party will be liable for Consequential Loss.

(c)     Each party’s liability for any 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 or any of that party’s personnel, including any failure by that party to mitigate its losses.

(d)    This clause 12 will survive the termination or expiry of these Terms.

13     Term and Termination

(a)    Your Membership will begin on the Start Date and continue for the Term.

(b)    Following the Minimum Initial Commitment Period, your participation in the Program Subscription and these Terms shall continue on a month-to-month basis, unless either Party gives written notice to the other no later than 28 days prior to the end of the then current Term. 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. [LV5] [KG6]  You may terminate these Terms earlier than 28 days before the end of the Term, by providing us with written notice (Early Termination). Where you provide notice of Early Termination you will be required to pay the cost of any services and products which you used, or have been granted access to, in accordance with our fees for such services, including all instances of performance testing ($497 value per instance), physiotherapy sessions ($197 value per session), the onboarding weeks ($997 value), recovery protocols ($497 value), initial nutrition consult ($197 value), goal setting ($297 value, when in the EPP/EAP/ADP programs), KVLR resilience programs ($US 235 value), rehab plan (when in the rehab program, valued at $497) and Master Your Mental Game mindset course ($US 997 value). We will issue you with an invoice for the remainder of the Fee due and payable by you. You acknowledge and agree that clause 9(j)-(l) will apply if you fail to pay the amount in the invoice.

(c)     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).

(d)    If your Membership is terminated within the cooling-off period in accordance with clause 13(a):

(1)      both parties will be discharged from any obligations and/or Liabilities under these Terms; and

(2)      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.  

(e)    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:

(1)      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 and products which you used, or have been granted access to, in accordance with our fees for such services, including all instances of performance testing ($497 value per instance), physiotherapy sessions ($197 value per session), the onboarding week ($997 value), recovery protocols ($497 value), initial nutrition consult ($197 value), goal setting ($297 value, when in the EPP/EAP/ADP programs), KVLR resilience programs ($US 235 value), rehab plan (when in the rehab program, valued at $497 value) and Master Your Mental Game mindset course ($US 997 value); and

(2)      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; however we may deduct the cost of any services which you used in accordance with our fees for such services, as reflected above in clause 13( e)

(f)           

(g)    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.

(h)    We may terminate these Terms, immediately upon written notice, if:

(1)      you commit a serious breach of these Terms;

(2)      you breach these Terms and you do not remedy the breach within 14 days of us giving you notice to do so;

(3)      you act in a manner that is dangerous or abusive to any person;

(4)      any payment has not been made within 7 days of the due date set out in the Payment Terms; or

(5)      you breach any terms and conditions set out on any Direct Debit request or authorisation form.

(i)     If we terminate your Membership for any reason outlined in clause 13(h) we may (without limiting any other right or remedy) recover any reasonable costs and expenses we incur as a result of your breach and:

(1)      if you are on a weekly payment plan, collect the full amount of Fees for the remainder of the current billing period, any arrears and any applicable Early Termination Fee.

(2)      if you have paid annually upfront, refund you on a pro rata basis for the unused part of the Athletes Development Program less any Early Termination Fee.

(j)     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.

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

(l)     Under no circumstances do we allow a suspension or freezing of your Membership. If you are unable to attend coaching in person, we will provide coaching and programming online.

(m)   This clause 13 will survive the termination or expiry of these Terms.

14     Collection Notice

(a)    We collect personal information about you in order to provide the Program Subscription to you, to enable you to access and use the Gym Facilities, to monitor your progress and tailor programs for you, to contact and communicate with you and to respond to your enquiries and for other purposes set out in our Privacy Policy.

(b)    We may disclose that information to third party service providers who help us deliver our services (including our information technology service providers, data storage, web-hosting and server providers, professional advisors, debt collectors, 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.

(c)     Our Privacy Policy contains further information about:

(1)      how we store and use your personal information;

(2)      how you can access and seek correction of your personal information;

(3)      how you can make a privacy-related complaint; and

(4)      our complaint handling process. 

(d)    By providing personal information to us, you acknowledge we will collect, hold, use and disclose your personal information in accordance with our Privacy Policy.

15     Media Consent

(a)    You agree that by accepting Terms, you are consenting to us (and our Personnel):

(1)      taking photographs (digital or still), videos and other audio/video footage of you (if you are 18 years or over), or of your child (if you are the legal guardian accepting these Terms on behalf of your child) when participating in any Athlete Authority Program Subscription (the Content); and

(2)      using, storing, editing, altering, distorting, copying, publishing and otherwise dealing with the Content in any medium, in whole or in part, including in print or digitally and on the internet and through social media for the following purposes:

                              i.       marketing and advertising, including through print, online, our website, social media and television; and

                             ii.       for educational resources, including printed and online leaflets, brochures, posters, publications, blogs, videos, articles, case studies and social media posts.

(b)    You understand that:

(1)      the Content shall not be considered confidential, and that the Content may lead to you or your child being identified upon its use, publication, or disclosure;

(2)      you are under no obligation to use the Content in any way;

(3)      subject to subclause (5), any Content that is published online, may remain online indefinitely;

(4)      you will not be paid or receive any benefits or royalties for our use of the Content;

(5)      you can withdraw consent at any time by providing us with notice by email that you have withdrawn your consent in relation to our use of the Content. We will use reasonable endeavours to remove any Content that makes you reasonably identifiable from all mediums provided in clause 15(a).

(c)     You acknowledge and agree that we own all intellectual property rights in the Content, and have the right to reproduce, use and/or transfer rights in the Content to third parties. To the extent that ownership of such Content does not automatically vest in us, you agree to do all acts necessary or desirable to assure us title to such rights. Where you have any rights to the Content, you grant us a non-exclusive, irrevocable, worldwide, perpetual, sub-licensable, transferable and royalty free right and license to use the Content, including agreeing to our use or infringement of any moral rights that you may have.

16     Disputes

(a)    If you have any feedback or questions about the Program Subscription, please contact us.

(b)    If there is a dispute or you have a complaint in relation to these Terms, your Membership or the Program Subscription, you must tell us in writing the nature of the complaint and/or dispute, what outcome you want and what action you think will settle the dispute. Within 7 days of receiving your notification, we will contact you to seek to resolve your complaint.

17     General

(a)    Amendment: We may amend these Terms by providing you with at least 30 days’ notice via email. If you believe the changes will have a material adverse effect on you, you may notify us of this and provide us with evidence of this material adverse effect before the new terms come into effect and we will either remedy your concerns or you may terminate these Terms without any liability to us (see clause 13 for your rights).

(b)    Assignment: You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our consent. This means you cannot transfer your Membership to another person. We may assign or transfer our rights or obligations under these Terms with notice to you.

(c)     Governing law: These Terms will be governed by and construed in accordance with the laws for the time being in force in the State of New South Wales. The parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales.

(d)    Notices: Any notice given under these Terms must be in writing addressed to us at our details at the end of these Terms or you at your details which are registered with us. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

(e)    Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.

(f)     Publicity: You agree that we may advertise or publicise our provision of the Program Subscription to you, including on our website or in our promotional material. Please let us know if you would not like your participation in the Program Subscription to be publicised.

(g)    Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

(h)    Waiver: No waiver by either party of any provision of these Terms will amount to a waiver of any other provision of these Terms unless made in writing and signed by the party against whom the waiver would have been enforced.

For any questions or notices, please contact us at:

Athletes Authority Pty Ltd ABN 98 618 303 101

Address: 16 Dickson Avenue, Artarmon, New South Wales, Australia

Email: info@athletesauthority.com.au

Last update: 30 August 2024

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