TERMS & CONDITIONS - as at 11 November 2023
Terms and Conditions of Strength By Science
1. Strength By Science
Strength By Science Pty Ltd is the operator of a Strength By Science establishment (referred to as we" and "us" in these Terms and Conditions). The person named in the Agreement form ("you") is a user of our Strength By Science establishment.
2. Acceptance as a registered user
The decision to accept an applicant as a user of Strength By Science shall be at our absolute discretion. Once we have accepted an applicant by counter-signing this agreement, these Terms and Conditions shall apply. This agreement is for the period outlined in Clause 12.
3. Privacy Policy
Strength By Science is committed to protecting the privacy and personal information we may collect of our clients and members and complies with the Privacy Act 1988 (Cth). Personal information and Strength By Science results provided to us may be de-identified to be used for research purposes. Our privacy policy can be found in full on our website at https://www.StrengthByScience.com.au.
4. Payment of fees
You must pay our fees on the due date as set out in the agreement. Should your method of payment be by direct debit you will be liable for any fees charged to Strength By Science for any direct debit that is rejected by the bank, building society, credit union or other financial Institution.
5. Termination
You may terminate this agreement by notice in writing within 3 days of being accepted by us. If you terminate within this period we will repay to you all fees received by us from you.
We may terminate this agreement if we are of the opinion that your conduct is: (i) offensive or (ii) if you have committed a serious or repeated breach of this agreement or our rules and regulations, including our training principles or (iii) if you fail to pay monies due to us within seven days after the due date or (iv) if we give you 30 days notice that you are not suited to continue training.
Should this Strength By Science establishment close, we can terminate this agreement with one months notice and a pro rata refund of monies will be paid.
6. Age and health of user
You confirm that you are over 18 years of age. If you are under the age of 18 a parent or guardian will sign on your behalf to declare the following;
You declare that you are in good physical condition and are not aware of any medical or other reason why you are not capable of engaging in exercise or why exercise may be detrimental to your health. You will inform us of any condition which might affect your training and you will comply promptly with our recommendations in this respect. You will not use any Strength By Science establishments whilst suffering from a medical condition where there is a risk to the health and safety of others.
7. Liability
Neither we nor our agents shall be liable for loss or theft of any property belonging to you or any other guests brought into any Strength By Science establishment.
Neither we nor our agents shall be liable for any death, personal injury or illness occurring in any Strength By Science establishment as a result of the use of our facilities.
We will not be liable for any loss, damage or personal injury or death caused by another user or a guest of a user to you.
8. Use of our facilities
You confirm that you have been made aware of our rules and regulations which will apply to your use of our facilities. We reserve the right to cancel your membership if you do not comply with our rules and regulations, training principles or if your behaviour is offensive. You will not be allowed access if you do not wear suitable clothing (minimum T-shirt with sleeves and shorts, no denim) and shoes for training (no open toe shoes), or do not carry a towel. You are under obligation to use our equipment carefully and sensibly to avoid damage to the equipment or injury to fellow users. There is a strict policy of not allowing alcohol or drugs into Strength By Science establishments. Persons who are intoxicated will be refused access.
9. Transfer of our rights
The right to use the facilities of a Strength By Science establishment is personal to you. You cannot assign or transfer it in any way. You may not loan your Strength By Science Pass or permit it to be used by someone else. We may assign the benefit of this Agreement to a third party at any time without notice to you.
10. Facilities and hours of opening
Our establishment is open through the year according to law and customs. Information about our normal opening hours and opening hours of other Strength By Science establishments is available upon request. We reserve the right to make reasonable alterations to operating hours and the number and nature of facilities provided.
11. Membership Terms
The membership terms are noted on the front of this agreement. You understand that you have entered into either a:
Core Membership — paid fortnightly by direct debit with no minimum term or specified expiry date. This membership will continue ongoing until receipt of a cancellation form with 3 weeks notice or other written unambiguous notice of cancellation with 3 weeks notice;
Or Extras Core Membership — paid fortnightly by direct debit with no minimum term or specified expiry date. This membership will continue ongoing until receipt of a cancellation form with 3 weeks notice or other written unambiguous notice of cancellation with 3 weeks notice.
12. Price and Price Reviews
The price for the respective membership types are disclosed to you at the time of sign-up or change of price of subscription. All prices automatically increase by 2.5% or CPI (whichever is higher) on the 1st of July each year. We may increase our prices otherwise than the automatic increase provided in this clause, provided we give you at least 4 weeks notice of our intention to do so.
13. Cancellation
You may cancel this Agreement subject to the following conditions —
Core Membership or Extras Core Membership — You agree to provide 21 days written notice:
i) to the facility at which you hold your agreement by completing the cancellation form; or
ii) otherwise providing us clear and unambiguous notice that you are terminating your membership in writing via email to info@strengthbyscience.com.au
14. Deferral
Medical deferral: upon presentation of a medical certificate you may defer your membership for the period for which your medical practitioner certifies you as unfit to train irrespective of the type of your Agreement.
For a deferral to be approved you must complete the Deferral Application Form prior to your period of deferral or otherwise provide clear written notice that you require a deferral to info@strengthbyscience.com.au. You must include a start and end date of deferral. Direct debit payments will recommence automatically on the completion date of the deferral period without notice required to be given.
Deferral:
i) Core Membership — You may defer your membership for a minimum of two weeks and a maximum of eight weeks in any 12 month period subject to an ongoing fee of $5 per fortnight payable by direct debit for the period of your absence in order to cover administrative costs.
15. Various
Our Core Membership and Extras Core Membership, sessions do not accrue, are non-transferable or redeemable for any other appointment type and must be used within the allocated week at your facility.
This and the documents referred to constitute the whole Agreement between us. No oral representation shall be part of this agreement. Local law shall apply to this Agreement and the Local Courts shall have jurisdiction.