1. Why you should read these Terms
- Who we are and our services. EMPOWER BY BUMP PTY LTD ABN 71 644 823 718 (EMPOWER we, our and us) specialises in reformer, barre and strength movement, offering personal and group training, onsite at our studio location (together, our Services).
- What these Terms cover.These are the terms and conditions (Terms) on which EMPOWER agrees to provide our Services and which govern your use of the empowerstudio.com.au website (Website). These Terms also cover your use of any content available through or published on the Website or which is otherwise made available to you whilst using our Services, including but not limited to videos, pdf downloads, resource material, online content and other digital products (Content).
Please read the Terms carefully before you start to use our Services, Website or any of our Content.
- Other documents incorporated into these Terms. These Terms refer to and incorporate the following additional documents, which together govern your use of our Services:
(a) Privacy Policy [NOTE: Hyperlink to the privacy policy page], which sets out the terms on which we process any personal data we collect about you, or that you provide to us;
(b) booking and cancellation policy, which covers when and how you may book in for group and personal training sessions and cancellations;
(c) fee schedule, which sets out the fees we charge for our training Services (Fee Schedule); and
(d) code of conduct, which sets out standards of behaviour we expect you to abide by when making use of our Services, including use of our facilities and equipment, and check-in procedures.
Copies of each of the above policies are provided to you at the time you apply to become a member of EMPOWER and are also available on request.
- Future changes to these Terms. We may change these Terms (including any of the documents listed in clause 1.3) from time to time by publishing revised terms on the Website or emailing you a copy. By using our Services or accessing the Website or any Content, you are deemed to be aware of and bound by any amendments to the Terms.
- You accept these Terms. By visiting our Website and/or using our Services (including downloading and using any Content), you confirm that you accept and agree to these Terms. If you do not agree, please do not use our Website or Services.
- How you can contact us. If you have any questions about our Services or these terms, you can contact us by email to [email protected], by telephone or through the “Contact” page of our Website.
2. Who can use our Services
2.1 EMPOWER pre-exercise questionnaire. Before you use our Services we will ask you to complete a pre-exercise questionnaire. All information you provide to us must be complete, accurate and truthful. You must update this information whenever it changes.
2.2 What is the minimum age to join? You must be 18 years old to agree to these Terms and to access and use our Services. You may access and use our Services if you are under 18, provided your parent or guardian agrees to these Terms on your behalf.
2.3 How we protect your personal information. We take the privacy of our members seriously. All personal information we collect from you or which you disclose to us will be used and stored in accordance with our Privacy Policy, which explains the ways in which we collect, use, store, protect and disclose your personal information.
3. Why join EMPOWER?
3.1 A variety of membership options. EMPOWER does not require you to sign up to a fixed term contract, although the option is there in order to enjoy membership at a lower price depending on your membership length.
3.2 What Services do we provide to members? You may choose to access any or all of the following training programs:
(a) group training classes;
(b) personal training sessions; and
3.3 What does membership entitle you to? By becoming a EMPOWER member you will be entitled to:
15.1 use our studio facilities in either a personal training or group class capacity;
15.2 attend group classes (except where you have only purchased a pre-paid personal training package);
15.3 attend workshops and seminars held at our club and online.
4. Our members’ wellbeing is important to us
4.1 Before you commence training with us. You must consult your health care professional prior to starting any exercise program to ensure that you are mindful of your current health and any limitations or modifications that are appropriate for you. If you experience any changes to your physical condition, or if you have any doubts as to your health, we strongly urge you to seek advice from a qualified health care professional.
4.2 You acknowledge there is risk involved. Exercising may involve the risk of injury and you exercise with us at your own risk. Please monitor your physical condition at all times and exercise to a level that is appropriate given your knowledge of your health and any medical advice you have obtained. If any unusual symptoms occur immediately stop what you are doing and notify a staff member.
4.3 Pre-natal training. If you are pregnant, we recommend that you regularly consult your health care professional (for example, your GP, obstetrician or midwife) to ensure that you and your baby are healthy to train with us throughout your pregnancy.
4.4 Post-natal training. If you have recently given birth (within 6 weeks post-partum) we recommend that you consult your health care professional (for example, your GP, obstetrician or midwife prior to commencing or recommencing any exercise program.
4.5 EMPOWER staff and contractors are not medically trained. They are not qualified to assess if you are in good physical condition and can exercise without risking your health and safety or that of your baby.
4.6 You must not use our facilities if you are unwell. You must not use our facilities if you are infected with, or have been in close contact with a person with, a serious infectious disease, including but not limited to influenza, pertussis (whooping cough), novel coronavirus, measles, mumps, rubella and meningococcal disease polio. Pregnant women and children are at high risk of developing complications from such diseases. Accordingly we may ask you to leave or not attend the gym if we reasonably suspect that you may have, or may have been in close contact with a person who has, a serious infectious disease.
4.7 Promises you make each time you train with us. Each time you use our Services you promise us that:
15.6 you are in good physical health;
15.7 you will take reasonable precautions to protect yourself and others (including any child who accompanies you on our premises) from injury; and
15.8 you do not know of any medical or other reason why you cannot or should not do active or passive exercise.
5. Fees and payment
5.1 You must pay our fees. You pay fees for our Services in accordance with our Fee Schedule and, depending on your membership option:
(a) Group and personal training pay-as-you-go memberships: You must pay your fees in advance each fortnight by direct debit from a bank account or credit card. If a payment date falls on a public holiday we will debit your account on the next business day.
(b) Pre-paid personal training packages: You must pre-pay for personal training sessions by direct debit from a bank account or credit card.
5.2 We engage a third party biller to process your payments. You acknowledge that they may charge you a transaction fee when processing your payment, on top of your fortnightly Fee. This fee is an amount paid to the Biller to cover the cost of their services, and not paid to EMPOWER.
5.3 Additional charges. If you use a debit or credit card (including VISA debit facilities) we will add a surcharge to your fortnightly debit not greater than the cost of accepting that payment method from our external third party provider, capped at 1.7% for VISA/Mastercard or 3.5% for AMEX, per transaction.
5.4 You must notify us of changes to your billing details. You must tell us if you are transferring or closing your account and any changes to your credit card (such as its expiry date), at least 48 hours before your next direct debit falls due. Please tell us and your financial institution if you want to change or stop your direct debits.
5.5 What happens if your payment fails? If you do not pay your fee in full on the due date we may suspend your access to our Services until your account is paid in full. We may also charge you a late payment fee of $15 to cover our costs and transaction charges imposed by our third party provider. You authorise us to debit this amount from your account. If the amount you owe us is not paid within 30 days of the due date for payment, we may cancel your access to our Services.
5.6 How we will notify you of changes to our fees. We may vary our fees by providing 30 days’ notice to you in writing by email or text message to the most recent email address or phone number you have provided to us. For this reason, please ensure your contact details with us remain up to date.
6. Pausing your membership
6.1 You may pause or cancel your membership. EMPOWER understands that from time to time you may not be able to train due to illness, injury, rest periods, holidays or similar reasons. You may pause or cancel your membership as permitted in these Terms.
6.2 Pausing your membership. You may pause your membership for any reason for one or more consecutive whole fortnightly billing periods (a minimum of two weeks), up to a maximum of twelve weeks in aggregate in any 12 month period. You cannot pause your membership for only a part of any fortnightly billing period. You must give us written notice at least three days prior to the start of the first fortnightly billing period you wish to pause your membership. You will not be able to use our Services while your membership is on pause.
6.3 We may agree to additional time periods. We may agree to pause your membership for longer than the time periods stated in clause 6.2 for travel, medical or hardship reasons. We may ask that you provide appropriate documentation (for example, a medical certificate) to support an extension.
6.4 When you are due to give birth. We will automatically pause your membership for a period of six weeks from the birth date of your baby or such other date that you request in writing provided you have given us notice at least three days prior to the start of the first fortnightly billing period that you wish to pause your membership. If you wish to suspend your membership for a longer period please write to us to let us know.
6.5 Return to training after you give birth. You must consult your health care practitioner after your baby is born and prior to recommencing use of our Services, to ensure you may safely train with us.
7. Cancelling your membership
7.1 You may cancel your membership on reasonable notice. You may cancel your membership for any reason, provided your account is up to date, by giving us written notice at least three days’ prior to the date of the fortnightly billing period that you wish to end your membership.
7.2 You may suspend or cancel your membership immediately for health reasons. You may suspend or cancel use of our Services immediately by notice to us in writing if your medical practitioner provides a certificate stating that you are unable to train with us. We will promptly refund you the portion of any fortnightly membership fee that you have paid but are unable to use due to illness.
8. Suspension or termination by us
8.1 We may suspend if membership fees are late. We may suspend your access to our Services if your membership fees are not paid on the due date for payment, in accordance with clause 5.4.
8.2 We may terminate on reasonable notice. We may cease providing Services to you and terminate your membership by emailing or writing to you at the contact addresses we have on our records at least three days prior to the start of the next billing period.
8.3 We may terminate for breach. We may terminate your membership immediately by emailing or writing to you at the contact addresses we have on our records if:
(a) you commit a serious or repeated breach of these Terms;
(b) if any part of your membership fees and any late fees remain unpaid 30 days after falling due, in accordance with clause 5.4;
(c) you intentionally or negligently damage any EMPOWER equipment; and
(d) in our opinion, your behaviour when accessing the Services poses a serious risk to your own wellbeing or that of other members, our staff or contractors.
If we terminate for any of these reasons we may (without limiting any other right or remedy) recover any other reasonable costs and expenses we incur as a result of your breach and to collect the full amount of fees due for the remainder of the then current fortnightly billing period and any arrears.
9. Crèche
9.1 You must remain on the premises. You must not leave our premises whilst your child is in crèche.
9.2 You will respect the time limit. To ensure we can meet our minimum carer to child ratios and that all members have the opportunity to access the crèche facilities, please adhere to the 90 minute time limit.
9.3 We will not use photos for unauthorised purposes. We will comply with our Privacy Policy and take reasonable steps to securely store any photo or video containing your image (or in the case of your child(ren), your child(ren)’s image). We will not, and will ensure that our employees and contractors do not, use such photos or videos for any unauthorised use.
10. Photography
10.1 Use of your image. From time to time we may take photos and videos of you training with us and using our facilities, for use in our promotion and marketing activities. You consent to us taking photos and videos of you and using your image for promotion and marketing purposes, including posting images to our Website, social media pages, advertising materials and other publications.
10.2 Use of your child’s image. You acknowledge that if you bring your child to our gym, they may appear in photos and videos that we take of you and others. You consent to your child appearing in any photos and videos which may be taken while they attend our gym, however we will not use any images of your child(ren) for promotion and marketing purposes, or for any other purpose, without first obtaining your consent .
10.3 We will not use photos for unauthorised purposes. We will comply with our Privacy Policy and take reasonable steps to securely store any photo or video containing your image (or in the case of your child(ren), your child(ren)’s image). We will not, and will ensure that our employees and contractors do not, use such photos or videos for any unauthorised use.
10.4 You release us from any claims in connection with use of your image. You release and indemnify EMPOWER, its agents, officers and employees from any claims arising out of or in connection with the use of your image (or in the case of your child, your child’s image) permitted by these Terms and Conditions.
11. Intellectual property rights and permitted use of the Content
11.1 EMPOWER Intellectual Property. The Content, including the video content, trade marks, names, logos, sounds, images, graphics, text, software, software code, tools, results derived from the use of software and tools, interfaces, website structure, copyright works and materials displayed on it, its layout and design (EMPOWER IP) are protected by copyright, trademark and other intellectual property laws, unless expressly indicated otherwise on the Website. All rights, title and interest in and to the EMPOWER IP are owned, licensed or controlled by EMPOWER.
11.2 How you may use the Content, including any EMPOWER IP. EMPOWER grants you a personal, limited, revocable, non-exclusive and non-transferable licence (without a right of sub-licence) to use the EMPOWER IP solely to the extent required to enable you to use our Services. This means that you may access, view, listen to, use and print this Website and the Content solely for your personal, non-commercial use. Otherwise to the extent allowed by law no part of the Content or the EMPOWER IP may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written consent.
11.3 What you must not do. You agree that you will not, directly or indirectly:
8.4 use any part of the Content for any commercial purpose;
8.5 transfer, transmit, sublicense, loan, lease, sell or distribute Content containing EMPOWER IP to any other person;
(a) reproduce, copy, imitate, modify or otherwise use any of the Content, in whole or in part, in a manner that is reasonably likely to infringe our rights in the EMPOWER IP, without prior written permission from us or our licensors; or
(b) use the Website or the Content in any manner or for any purpose which is unlawful or which is otherwise prohibited by these Terms.
11.4 Examples of unauthorised use. The following are examples of conduct that are not authorised by these Terms:
9.4 publishing or posting any of the Content on any other website, but excluding your personal social media pages;
9.5 providing third parties who are not members of EMPOWER with passwords or login details to enable them to access any of the Content;
9.6 using the EMPOWER logo or trade marks, the phrase “EMPOWER studio”, “EMPOWER Health & Fitness”(or anything substantially similar), to describe, market, endorse or promote any goods or services (including goods and services similar to the Services); and
9.7 registering or maintaining any social media pages or websites that misrepresent or are reasonably likely to misrepresent any affiliation with, or endorsement by, EMPOWER.
11.5 We may cancel your access to our Content if you breach these Terms. If you breach these Terms, your rights to use our Content and Website will cease immediately and you must, at our option and at your expense, return to us or destroy any copies of the Content that you have.
11.6 You must notify us. You agree to notify EMPOWER in writing promptly upon becoming aware of any unauthorised access to or use of the Website or any Content by any party or of any claim that the Website or any of the Content infringes any copyright, trade mark, or other contractual, statutory or common law rights of any third party.
12. Use of our Website
12.1 Unauthorised use. When using our Website you must not:
(a) do anything that interferes with or adversely affects the normal operation or integrity of the Website (including the ability of other users to access the Website);
(b) use the Website in a way that is unlawful or breaches the intellectual property, privacy or other rights of any other person;
(c) introduce viruses, trojans, worms, logic bombs or other materials which are malicious or technologically harmful;
(d) attempt to gain unauthorised access to our Website, our servers, computers or databases;
(e) perform any indexing, scraping or data mining of the Website; and
(f) use the Website other than as expressly permitted by these Terms or in a manner authorised by us.
12.2 Access and availability of the Website. We may modify, change, suspend, limit or discontinue all or any part of the Website at any time without notice. From time to time we may also need to interrupt access to the Website to perform maintenance. We do not guarantee that our Website will always be available or access will be uninterrupted. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.
12.3 Linking to and from the Website. This Website may contain links to other websites, which are provided for convenience only. We have no control over those linked websites or the services made available through them and accept no responsibility for them or for any loss or damage that may arise from your use of them. You may link to the home page of our Website, provided you do not suggest any form of association, approval or endorsement on our part without our express prior permission and you promptly delete the link at our request.
12.4 Information provided on the Website. All Content is provided in good faith. Although we make reasonable efforts to update the information on our Website, you acknowledge that the Content may not be the most current knowledge. To the extent permitted by law we make no representations, warranties or guarantees, whether express or implied, that the Content is accurate, complete or reliable and we make no guarantees of any specific result from use of the Content.
12.5 The Website provides general information only. You acknowledge and agree that any health information provided on the Website is intended for general consumer understanding and education only, and is not intended to be and is not a substitute for professional medical advice. The use of or reliance on any information provided on this Website is solely at your own risk.
12.6 Security of the Website. We are not liable for viruses and technological attacks. We do not guarantee that our Website or the Content will be secure or free from bugs or viruses. You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
12.7 Information transmitted through the Website. We do not warrant and cannot ensure the security of any information which you transmit to us through the Website. Any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information in line with our Privacy Policy.
12.8 Use of our virtual fitness hub. On becoming a member we will grant you access to our virtual fitness hub, which allows you to communicate directly with us, our personnel and other members. The virtual fitness hub may be provided on our Website or a third party platform (for example, Facebook), as we determine from time to time. You are responsible for any comments or material that you post to the virtual fitness hub. We may suspend or terminate your access to the virtual fitness hub and to our Services if (in our opinion) you post unlawful, disrespectful, offensive, defamatory, harmful or threatening comments or material to the virtual fitness hub.
13. Liability
- We will try to make sure our Services and Website are available to you when you need them. However, we do not guarantee that our Services or Website will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Services or Website without notice. We will not be liable to you if for any reason our Services or Website are unavailable at any time or for any period.
- You assume risk. We will not be liable for any injury you sustain in the course of exercising or engaging in any recreational activities as part of your use of our Services or any club facilities, except to the extent caused by our gross negligence. In this clause, injury includes any form of personal injury, including death. To the extent that our Services consist of recreational services or recreational activities within the meaning of the Competition and Consumer Act (2010) (Cth) or any State or Territory civil liability or consumer protection legislation, you acknowledge that participating and using those Services may involve risks, including of personal injury and death. Prior to participating in or using those Services, you must assess all the risks involved, including risks that may be caused by your own acts or omissions, your health condition, those of other members and risks that are not known to you or are not readily foreseeable at the time. By participating, you are doing so voluntarily and at your own risk. To the extent permitted and required by law, this is a risk warning pursuant to the various civil liability and consumer protection legislation.
- Limitation of liability.We will use reasonable care and skill in providing our Services and in operating and maintaining the Website. However, without limitation to clauses 13.2 and 13.4 and your statutory rights in relation to the supply of services which cannot be excluded or limited, to the maximum extent permitted by law:
10.5we exclude all conditions, representations, warranties and statutory guarantees, whether express or implied, in relation to our Services and Website; and
(a) neither we nor any of our related bodies corporate, their officers, employees, contractors or agents will be liable for any losses, or direct, indirect, consequential, incidental or special damages of any kind out of or in connection with your use of our Services or this Website.
- Terms implied by law.Nothing in these Terms will be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including under the Australian Consumer Law) which cannot by law be excluded, restricted or modified. If such legislation applies, to the extent possible we limit our liability in respect of any claim to, at our option:
11.7if the breach relates to goods, replacing, repairing or supplying goods equivalent to those goods or paying the cost of replacing or repairing them or acquiring equivalent goods; or
(b) if the breach relates to services, re-supplying, or paying the cost of re-supplying, those services.
14. Indemnity
You agree to indemnify and keep indemnified EMPOWER, our officers, employees, contractors and agents against any third party claims and all losses, liabilities and expenses (including legal costs on a solicitor and own client basis) suffered or incurred by us arising out of or in connection with any breach by you of your obligations under these Terms or any act or omission involving your wilful misconduct or negligence.
15. General
15.9 No waiver. If we waive any rights available to us under these Terms on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
15.10 Severance. If a provision of these Terms is void, illegal or unenforceable, it will be deemed severed without affecting the enforceability of the other terms.
15.11 GoverningLaw. These Terms are governed by the laws of New South Wales. You agree to submit to the non-exclusive jurisdiction of the courts of that state. If you access the Services or Website from outside Australia, you are responsible for ensuring compliance with all laws in the place where you are located.