S30 TERMS AND CONDITIONS
1. Signing your agreement.
This agreement contains the terms and conditions which apply to all of Set 30 Studio (S30) membership (Agreement). This Agreement once signed by you the Client; and accepted by S30 will constitute the entire agreement between the parties. If this Agreement differs from anything you are told at the club or over the phone, the terms and conditions of this Agreement will apply. Understanding S30’s rights If S30 does not enforce S30’s rights under this Agreement at any time, it does not mean S30 have waived those rights. Using your Client Comfort Guarantee You will have a 14 days period from the date you sign this Agreement where you can cancel this Agreement. This is only applicable for new membership agreements. All you need to do is notify us via email at your chosen S30 Studio.
2. Studio Access.
A Membership at S30 will give you access to only your chosen S30 Studio. Promising you are in good health on the day you sign your agreement and each time you use our club, you confirm to S30 that you are in good physical condition; and you know of no medical or other reason why you cannot or should not do active or passive exercise. Please also note that there may be flashing or strobe lighting in the classes. If this negatively affects your health, it is your responsibility to advise staff before joining. Seeking expert advice The S30 staff and contractors are not medically trained and are not qualified to assess if you are in good physical condition and can exercise without risking your health, safety or comfort. If you have any doubts about training with S30, we strongly urge you to seek expert advice before starting an exercise program.
3. Paying for ongoing memberships.
You pay fees for ongoing memberships in advance, fortnight or monthly, by direct debit from a bank account or credit card per your completed Direct Debit form. You can pay your fees as far in advance as you like, up to the legal time limits. Regarding any advance payments, you are still required to give us your account details for when your advance payments end. If your fees are not paid on the due date for whatever reason, S30 are entitled to suspend your studio access until your payments are up to date and/or you have given S30 chargeable account details. Renewing membership when your current membership at the relevant time is due to end, it will automatically renew at the same membership type and price unless notice is given to cancel 14 days prior to the renewal. Meeting your responsibilities you are responsible for ensuring that sufficient funds are in your nominated account on the day that the direct debit is to be made for your membership. For membership/s in your name, you must make sure that the payment method you choose continues for the length of your agreement. Querying a payment If you query a payment, S30 will endeavour to respond within 7 days. If you are not happy with the response provided by S30, you may contact your financial institution. It will handle your query in line with its own policy. Paying your outstanding debts S30 will continue to debit your nominated account without notice until S30 has received the total outstanding amount. S30 will make a reasonable effort to let you know beforehand via either:
- phoning you or speaking to you at your studio; or
- writing to the address (post or email) you last gave us.
4. Staying up to date with our terms
S30 may sometimes add to, change or remove our terms and conditions. This includes changing a studio’s opening and closing hours, its services and facilities and membership fees. You will be notified of any changes but S30 has the right to do so. Notification of changes to terms and conditions S30 will give you at least 28 days notice of any changes, for instance by:
- Publishing them in our newsletter or on our website
- Placing a notice in the club; or
- Phoning you or writing to the address (post or email) you last gave us
5. Cancelling your membership.
All membership cancellations are required in writing via your member admin portal. Cancellation requests will not be accepted in any other form e.g. phone call, conversation or text message. To cancel a non-commitment membership 14 days notice is required. To cancel a commitment membership before it auto renews for a new term, 14 days notice is required. If you do not request to cancel your membership before the end of the current term it will automatically renew for another term. If you would like to cancel your membership before your commitment has been fulfilled, you may opt to pay 50% of the remaining fees. If you chose to do this your membership will be cancelled immediately. If S30 does not fulfil S30’s obligations to you, you may be able to cancel your membership. Unless the law states otherwise, you won’t have any other claim against S30 if this happens. Requests to cancel a membership or notification under the Comfort Guarantee must be provided through the admin portal and will not be accepted in class. A request to cancel a membership does not waive the obligation on you to pay the remaining commitment at the then relevant and current membership. Being notified about changes S30 reserves the right to increase membership fees at any time after the minimum period of your membership agreement has ended. S30 will make a reasonable effort to tell you about this at least 28 days beforehand by writing to the address you last provided S30 (which may be an email address). S30 will consider that you have received our letter or email on the second business day after it is sent.
6. Suspending your membership.
You can suspend your membership for 1 or more weeks, up to a maximum of 6 weeks each year your membership is active. The suspension fee for all memberships is a $10 one-off fee, which you can pay in advance or by direct debit. Please note that if you are within your minimum term or subsequent renewal periods, any suspensions are not classified as a full payment toward your contract. If you have a medical reason, we will not charge you for this extended suspension to allow you time to recover. Suspension conditions S30 can not backdate any suspension requests. You must request a suspension when you need it. S30 does not accept pro-rata payments or suspend your direct debits outside an official suspension. You can not suspend your membership payments during the Notice Period.
7. Late Cancellation and No Shows
Instances of a Late Cancellation or a No Show may result in a charge of $10 to the individuals account. This charge will be processed within 7 days of the relevant Late Cancellation. The definitions of a Late Cancellation and No Show are below:
- A Late Cancellation for an AM class is a cancellation after 10pm on the day prior to that particular class.
- A Late Cancellation for a PM class is a cancellation < 1 hour before the start of the relevant class.
- A no-show is when an individual does not show up to a reserved class. No late arrival Due to the nature of our classes, we cannot accommodate late arrivals to class due to the disruption this causes to the rest of the members.
8. S30 Experience
Please arrive at least 5 minutes early to ensure that you have adequate time to prepare and be ready for your workout to begin on time. As we are a Hip-Hop and RnB themed studio, the music played during classes may include some explicit language. By signing these terms and conditions you are acknowledging that you are aware of this.
We sometimes film or photograph the studio so it is possible you will appear in the background. By signing your agreement, you allow us to use your image in promotional and other business-related material.
9. Telling S30 about your health risks
If you believe any studio activities might risk your health you must inform S30 of how and why in writing with full details. You must also tell us if your medical condition changes after you join. S30 may choose to refuse your membership agreement until:
- your doctor agrees in writing that you are fit to exercise; or
- you show S30 proof that you have received medical advice on an appropriate exercise program.
10. Managing infections and illnesses
You must not use club facilities if:
- You have an infection, contagious illness or physical ailments, such as an open cut or sore
- There is any other risk, however small, to other members and guests. Allowing us to use your image
11. Paying GST
All agreement fees include goods and services tax (GST). Your fees will change in line with any government GST rate changes, even if you are in your minimum term. Meeting state laws Your agreement is subject to Australian law and is governed by the state laws where your studio is located. If a court decides that any section of your agreement is invalid or unenforceable, that section will be deleted from the agreement. The other sections will remain valid and enforceable.
Restricting your rights to sue Under the Competition and Consumer Act 2010, we guarantee that our recreational services are:
- Provided with due care and skill;
- Fit for any purpose you have told us you are using the services for or for a result which you have told us you wish to achieve
- Supplied within a reasonable time.
However, under certain legislative provisions, we may ask you to agree that these conditions do not apply to you. If you sign the agreement, you will be agreeing that your rights to sue us are excluded, restricted or modified as set out in these terms and conditions. This applies if you are injured (including injury that results in death) because the services were not rendered with due care and skill, or they were not reasonably fit for their purpose. This change to your rights does not apply if your death or injury is due to our gross negligence. Gross negligence is defined in the Fair Trading (Recreational Services) Regulations 2004. By commencing this membership with us you agree to all the terms and conditions above.