TERMS OF USE

TERMS OF USE OF THE HOLISTIC HEALTH & FITNESS WEBSITE

These Terms of Use (“Agreement” or “Terms”) set forth the terms and conditions that govern your use of the Holistic Health & Fitness website at www.holistichealthfitness.com.au (“the Site”) operated by Holistic Health & Fitness (“Holistic Health & Fitness”, “us”, “we” or “our”). They also govern your use of the Holistic Health & Fitness services and facilities (“Services”) at each of our studios (“Studios”) so please read these carefully before using our Services and/or the Site!

By accessing or using the Site and/or the Services in any manner, creating an online account or purchasing an entry pass online, you acknowledge that you have read and agree to be bound by these Terms. You may otherwise indicate your acceptance of these Terms when registering as a client at one of our Studios by signing a copy of the same – either digitally or in person.

You acknowledge and agree these Terms may be amended by Holistic Health & Fitness from time to time by updating the Terms on the Site.

It is your responsibility to read and understand these Terms and your continued use of the Site and/or Services will amount to acceptance of these and any updated Terms.

MEMBERSHIP ACCESS AND MIND BODY SOFTWARE

In order to become a member, features of the Site, you will have to create an account online with us. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorised use of your account.

CLIENT SERVICES AND POLICIES

Reservations: In order to reserve a spot for any class (this includes H360, meditation and yoga classes, etc)you must first, reserve your spot prior to your class via the mind body application (either on your phone or personal computer). Secondly, check in to the class upon arrival. You can do this as you enter the gym – using the IPAD at the entry, simply find your name within the Mind Body App, select check-in, and you’re done.

 

If upon arrival of a class you realise that you have in-fact forgotten to book in, then you will need to book in upon entry via the mind body check-in app, or by notifying your coach who can do this for. However, if the class is already fully booked, then you will not have a spot and will instead need to come to the next available class.

 

You must be physically present at the Studio 5 minutes prior to the start of your scheduled class or your class may be given to a waitlisted client.

 

 

Cancellations: You must cancel your class 12 hours in advance or you will be deducted that class from the total number of classes available to you on your account. Switching your time slots within the 12-hour notice time period will also result in a further class being deducted from the total number of classes available to you on your account. You may cancel a class through our online system or by calling the Studio directly assuming a staff member is available.

Personal Belongings: You agree that Holistic Health & Fitness is in no way responsible for the safekeeping of your personal belongings while you are present in the Studio. You assume all risk of loss for any of your personal belongings.

Membership Options: There are 3 different membership options for H360 classes – 12month, 6month and month to month contracts.

Class Passes are also available and are suited to newbies/program trials, short term challenges, or anyone who doesn’t want to do direct debit. Options include: H360 7 Day Free Trial, Casual Class Pass and 10 Class Pass

 

Gift Cards:

Gift cards are available for those who would like to give the gift of health to loves ones. Please note that gift cards are not refundable.

 

Membership Payment:

All membership fees are paid in advance, regardless of the membership type.

 

To pay for a Direct Debit Membership, you will need to contact us so that we can arrange this for you. Simply let us know which of the 3 direct debit options suits you best, and whether you prefer to have the autopayments deducted from your credit card, or, your bank account instead. Once your membership is setup, you will be able to book in for classes.

 

Class Passes and Gift Cards can be purchased through the Mind Body App. Simply login into your account, search for Holistic Health and Fitness. Then click on VIEW PRICING > GROUP TRAINING CLASSES >Choose the option you desire and then hit next. Please note – you will need to able a payment method to proceed. Click add a card, or Pay with a Gift Card. Then that’s it – your payment will be applied.

You will also need to agree to our service agreements and waivers before proceeding. Simply sign these on your electronic device and click send, otherwise you will not be able to proceed with your payment.

 

Please note that the following fees apply to all payments via made via Mind Body:

 

Fee Type:                     Fee (incl GST):

 

Bank Account              $1.21 per transaction fixed fee per transaction

Visa/Master Card       $1.21 per transaction fixed fee per transaction

 

Membership fees will be added too, and debited with your membership each week.

 

Declined/Failed Payments:

Failed payments result in suspended access to HHF until any outstanding balance has been paid/you have given us your updated account details if they are required. HHF will continue to debit your nominated account without notice, until HHF have received the total amount owing. HHF will make a reasonable effort to advise you on the status of the failed payments, by letting you know beforehand by:

 

  • phoning you on the number you have provided.
  • writing to the email address you provided.

 

For membership/s in your name, you must make sure that the payment method you choose remains valid for the length of your agreement. This includes third-party accounts. If the details you give us fail, you are liable for all resulting fees. You should update your details and are obligated to complete your minimum term of payments.

 

You must make sure that your account can accept direct debits, and that there is enough money in your account on the payment day.

 

You need to tell us if you are transferring, or, closing your account at least 72 hours before the next direct debit.

 

You need to tell us about any changes to your credit card, such as its expiry date or number, at least 72 hours before your next debit. Changes to your details/circumstances will not be accepted via social media, phone or any medium other than email. Email info@holistichealthfitness.com.au

 

If an auto-debit is declined due to insufficient funds, the transaction will fail which requires additional administration and yields additional bank costs. Unfortunately, Ezidebit is unable to absorb these costs and applies a $14.80 Dishonour fee for these failed transactions. This fee is debited 7 days after the failed payment.

 

Remember, it is your responsibility to ensure there are sufficient funds available to cover the weekly auto-debit, and that your account details are always kept up to date.

 

Freezing your membership:

If required, you can place a temporary freeze on your automatic direct debit payments, then reactivate them when you are ready to return.This can be used if you are going on holidays, have suffered an injury, or if you have personal responsibilities that would prevent you from attending your normal classes.

In this case your contract will be effectively put on hold for the duration of your holidays. The block of time that the contract is frozen doesn’t count towards the duration of the contract. The freeze creates a time shift in the schedule. Let’s look at an example contract on a small scale:

This is a nine-day contract; each box is one day. The green boxes are direct debit autopayments, and each autopay pricing option runs for a three-day duration.

If you were to add a five-day freeze to this contract, it would look like this:

The five-day period between days 4 and 5 represents the paused time. There are still nine active days for the contract, though the total number of days with the freeze is 14.

Please note:

*Membership Freeze must be submitted at least 14 days before start date.

*During any 12-month contract period you may freeze your membership 3 times, and for any 6-month contract period you may freeze your membership 2 times.

*Freeze period must be for at least 14 days.

*The total freeze period must not exceed 8 weeks each year.

*Freeze period must have an end date.

*Freeze period does not count towards the minimum term period.

*Freeze period cannot be backdated.

*Your account must be up to date.

*You will not be able to check in/be able to train whilst your membership is on hold.

*A freeze on your membership incurs a $5 admin fee per suspension (unless it has been initiated by HHF for whatever reason in which case no admin fee applies).

*If your next scheduled autopay is on the same date as the freeze, that autopay will not run. So, if you wait until the day of the scheduled autopay to schedule a freeze, or you schedule the freeze for a date after the scheduled autopay, the autopay will run.

*Month-to-month (M2M) contracts cannot be frozen. We can terminate your contract and resell it when you are ready to return.

*Contracts set to bill when the pricing option sessions run out cannot be frozen either.

*You will still have access to the online program during your freeze period (assuming this period is less than 8 weeks) to ensure that you are still receiving great value.

#In order to freeze your direct debit membership, you will need to submit a membership freeze form. In it, you will need to indicate the requested freeze start and end date. Once we have received this, we will freeze your membership. Simply ask your trainer at your next class and they will provide this for you. If you don’t get a confirmation that your account has been frozen within 3 days, then please contact me at robert@robertgreco.com.au and we will ensure that it is processed immediately.

 

Termination of membership:

Unlike freezes which are used to temporarily put a pause on your membership and resume your training at later date, terminating an active contract is permanent.

 

In order to terminate your membership, you will need to go to the submit a membership termination form. In it, you will need to indicate the requested termination date. Please note that a minimum 1-month notice is required. Once we have received this, we activate the permissions and provide you with instructions on how to terminate your membership. This form is available from your trainer.

 

Please note:

*A Cooling off period applies where you can cancel your membership with us up to 14 days from the date you commenced training (for the avoidance of doubt the 14-day period commences from the day you complete your first session with HHF). This is only applicable to new membership agreements. If you cancel within the 14-day cooling off period, HHF will refund your money less any set-up fee or the value of any promotional item (such as a heart rate monitor) that HHF have given you upon joining with us.

 

*If you cancel within your term, a cancellation fee of 50% of remainder contract fee applies. If you cancel outside your contract term you must provide 14 days’ notice.

 

*This 50% fee may be waived if serious sickness, or injury prevent you from not being able to train for the remainder of contract period. A Doctors certificate outlining why you cannot exercise to the end of contract date must be provided. If approved, then you will only be charged a $50 admin fee to terminate your membership.

 

Changes to terms and conditions:

HHF may sometimes add to, change, or remove our terms and conditions. This includes changing opening and closing hours, the HHF services, facilities and membership fees. Sometimes, HHF may also close for refurbishment to improve the facilities. If this substantially reduces our ability to provide our service to you, HHF will reduce your membership fees accordingly on a pro-rata basis. The most up-to date terms and conditions always apply. HHF will give you at least 28 days’ notice of any changes. If HHF do not fulfil our obligations to you, you may be able to cancel your membership. Unless the law states otherwise, you won’t have any other claim against us if this happens.

 

Fee Increases:

HHF reserves the right to increase your fees only at any time after your agreement has ended. HHF will make a reasonable effort to tell you about this at least 28 days beforehand by writing to the address you last gave us (which may be an email address). HHF will consider that you have received our letter, or email on the second business day after it is sent. Where HHF have made a reasonable effort to let you know about a fee increase, you authorise us to increase any debits from your nominated account.

 

Trial Memberships:

Yes – you are entitled to a one-week trial period to try out H360. To do this, simply select 7 Day Free Trial – $0 from within your Mind Body app. If after trying the program, you like it, then select a membership type. If for whatever reason you don’t like the new program, then please let us know why – we are always looking to improve the satisfaction of our customers. At the same time, we understand that we do doesn’t suite everybody. If this is the case, then you can always stick with personal training (please see price increase below). Alternatively, if you want to still be part of the holistic family, then you can join our online program starting early 2020.

 

Club Access outside of scheduled class times:

Holistic Health & Fitness is primarily are group fitness facility – not a gymnasium. In order to provide the highest level of service to both our group fitness members and private personal training clients, we require full access to all equipment at all times.

 

Our coaches are only paid to run scheduled group fitness classes or, private by appointment personal training sessions, not to supervise the gym. This means that the gym will generally be unstaffed and therefore closed, when no classes or private sessions are scheduled.

 

With that said, if you are doing group training classes, then shouldn’t really have any need to come in and use the gym in your own time, because the classes are a balance of aerobic, strength and flexibility.

 

Coach Availability:

When you book into a class viaMind Body, in the session description you will be able to see what coach is doing the class. However, this may not always be 100% accurate, because there will be occasions when other staff are required to cover classes because of illness or whatever reason, and this won’t always be reflected within the Mind Body app on time. Therefore, it is not always possible to specify exactly what coach will be running what class on what day.

 

 

Personal Training Availability and Terms:

Personal training is available for those who require extra attention

 

Obviously, this is dependent upon which coach you choose to train with, however as a general rule, personal training sessions will be available before, between, or after H360 group training sessions. This varies from coach to coach, so it’s best to speak to your trainer to determine what times they have available to do personal training.

 

You can either book directly into a personal training session online via the Mind Body app (in much the same way as would book a H360 class), or you can ask your coach to book you in. It is highly advisable to confirm with your desired coach before booking in a personal training session online, to ensure that this time slot is actually not some-body else’s regular time that you are booking into.

 

Personal Training must be paid in advance in 5, 10 or 20 packs of 30min time slots. You can do this via the Mind Body app on your device. Simply login into your account, search for Holistic Health and Fitness. Then click on VIEW PRICING, then click on PRIVATE TRAINING and then select the personal pack of your choice. Please note – you will need to select a payment method to proceed. Click add a card, or Pay with a Gift Card. Then that’s it – your payment will be applied.

 

STUDIO RULES AND REGULATIONS

 

Our skilled instructors will guide you through your workout. Please always follow their instructions to ensure a safe and an exceptional work-out.

You agree you will act appropriately whilst in the Studio and be respectful to others including other members, guests, our staff and outside providers. Examples of inappropriate or disrespectful behaviour include:

  • Verbal or physical intimidation;
  • Harassment;
  • Discrimination; or
  • Purposely disregarding the safety of others.

You agree to wear appropriate dress while training with us including fully enclosed sports shoes and non-offensive clothing.

You also agree to bring a sweat towel to each session otherwise you will be charged for a new towel before beginning the class.

You also agree not to dropping weights, and put your weights/equipment back from where you go it.

All purchased classes are non-refundable. No exceptions.

You warrant that you are in excellent physical condition. If you are injured, ill or recovering from injury or illness, notify the instructor prior to class start time.

USE OF THE SITE

We are and remain the owner of the Site at all times, and you must not otherwise copy, transmit, distribute, reproduce (for compensation or otherwise), license, alter, adapt or modify the whole or any part of the Site in any way.

You acknowledge that rights in the Site are licensed (not sold) to you, and that you have no rights in, or to, the Site or the technology used or supported by the Site or any Site service other than the right to use each of the same in accordance with this Agreement. You acknowledge and agree that you as a user of the Site are responsible and legally liable for your activity, behaviour, use of and conduct on the Site.

You must:

  • not use the Site in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Site or any operating system;
  • not use the Site in a way that could damage, disable, overburden, impair or compromise the Site, or systems or security or interfere with another user’s rights, use or enjoyment of the Site;
  • not carry out reverse engineering in respect of the Site; and
  • comply with any applicable law and regulation relating to downloading, using or otherwise exporting the technology used or supported by the Site.

Holistic Health & Fitness may remove or suspend your access to the Site and related services or terminate this Agreement at any time, with or without notice, if it determines in its absolute discretion that your use of the Site is contrary to any of these Terms.

ELIGIBILITY

This Site is intended solely for users who are 16 years of age or older. Any registration by, use of or access to the Site by anyone under 16 is unauthorized, unlicensed and in violation of these Terms. By using our Services or the Site, you represent and warrant that you are 16 or older and that you agree to abide by all of these Terms. Minors between the ages of 16 and 18 may register on our website however must be accompanied by their registered parent or guardian upon their first visit to any Studio.

INTELLECTUAL PROPERTY

The content on the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to us, subject to copyright and other intellectual property rights under law. Content on the Site may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Site and the Content.

BREACHED TERMS OF SERVICE & FEES

You acknowledge that Holistic Health & Fitness charges fees for the Services, and we reserve the right to change our fees from time to time in our discretion. If we terminate your Agreement because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of any fees paid.

PRIVACY POLICY

Your privacy is important to us. Our Privacy Policy is incorporated into these Terms by reference. Please read our Privacy Policy carefully for information relating to the collection, use, and disclosure of your personal information. We will manage your personal information in accordance with our privacy policy. You can find a copy of our privacy policy at https://www.holistichealthfitness.com.au/privacypolicy

THIRD PARTIES

We may use third parties to assist us to provide our Services to you including payment processing and client registrations. These third parties may have access to certain personal information required to perform their function, for example completing a client registration. They cannot use your information for any other purpose.

This Site may also contain links to websites operated by third parties. Such links are provided for convenience only and Holistic Health & Fitness has no liability in connection with your use of any such third party website or any content posted or published on the third party website. We strongly advise you to read any terms and conditions and/or privacy policy of any third-party site that you visit. This includes but is not limited to the Mind Body Software application used for all bookings.

PASSWORD

When you register as a client, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another client at any time or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

LIMITATION OF LIABILITY

  1. Services

Under the Competition and Consumer Act 2010 (“Australian Consumer Law”), 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; and
  • 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 this 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 does not apply if your death or injury is due to our gross negligence.

  1. Site

To the maximum extent permitted by law, including the Australian Consumer Law, no warranty or representation is made about the Site or the content provided throughout, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.

To the maximum extent permitted by law, Holistic Health & Fitness and their officers, employees, consultants, contractors or agents will not be liable for any loss howsoever arising in connection with the use of this Site or these Terms of Service, including, without limitation, any changes to the Terms or changes to the Site.

TERM AND TERMINATION

These Terms and any variation to them shall remain in full force and effect while you use the Services or the Site. You may terminate this Agreement at any time, for any reason, by following the instructions on the “My Account” page (Embedded MindBody link) or by contacting your local Studio directly via phone or email at info@holistichealthfitness.com.au

We may terminate this Agreement immediately at any time, with or without notice and with or without cause. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability and intellectual property.

We reserve the right to cease operating the Site at any time without notice.

GENERAL

This Agreement, together with our Privacy Policy, the Risk Waiver and the Pre-Exercise Questionnaire and any notices or special conditions posted on the Site from time to time constitute the entire agreement, understanding and arrangement (express and implied) between you and Holistic Health & Fitness relating to the subject matter of this Agreement and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.

If any term or condition of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Holistic Health & Fitness’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

GOVERNING LAW

The laws of the state in which your home Studio is located govern these Terms and you submit to the exclusive jurisdiction of the courts of that state.