7TH AVENUE FITNESS TERMS AND CONDITIONS



The terms and conditions contained in this document, together with the Membership Application Form, apply to all services provided to you by 7th Avenue Fitness Pty Ltd ACN 627 146 089 (‘we, our, us’) including all exercise classes and any other related dealings between you and us (together the ‘Terms’). By signing the Membership Application Form, paying for any services or participating in any services we offer, you agree that you have read and understood the Terms and agree to be bound by them.

Definitions and interpretation:


Claim means any claim, cost, damage, expense, liability, loss, suit, notice, demand, action, cause of action, proceeding, litigation, investigation or judgment, however it arises and whether it is present or future, fixed or unascertained, actual or contingent, and whether or not it is in respect of legal or other costs, damages, expenses, fees or losses.

Membership Application Form means the form provided to you on the commencement of your membership with us and entitled “Welcome to 7th Avenue Fitness”.

Offer means a class or series of classes offered to you at a discounted or promotional price and includes those offers at clause 8 of this document.

  1. PAYMENT


    You must pay us in advance of each class or session you attend. Payment is to be made at the time the class is booked or, if you are entitled to an Offer, at the time the Offer is booked. You will not be granted access to our facilities for your class if the class has not been paid for. If you have a class credit available, you may use that credit to pay for a class.

  2. CANCELLATION


    1. Your right to cancel


      1. We understand that you may need to cancel or reschedule a class. If you cancel or reschedule a class at least ten hours before the beginning of that class, you will be entitled to a session credit to your membership account equivalent to the amount paid for that class.

      2. If you cancel or reschedule a class less than ten hours before the beginning of that class, you will not be entitled to any refund or credit of the amount paid for that class.

      3. If you fail to attend a class you will not be entitled to any refund or credit of the amount paid for that class.

    2. Our right to cancel


      1. A minimum of 2 members are required to be enrolled in a class for the class to proceed. If there are less than 2 members enrolled in a class we have the right to cancel the class. We will use reasonable endeavours to notify you of a cancellation of a class that you have paid for. Notification may be in the form of an online update on our website, by email or by phone.

      2. If we cancel a class in accordance with clause 2.2.1 and you have paid for that class, you will be entitled to credit to your membership account equivalent to the amount paid for that class.

  3. YOUR OBLIGATIONS


    1. Information


      You are obliged to provide correct personal details when you complete the Membership Application Form. You have a continuing obligation to provide accurate details and information to us. You must promptly notify us in the event that any details or information provided by you changes.

    2. Personal belongings


      You are responsible for the safekeeping of your personal belongings while you attend a class or our facilities and we are in no way responsible for your personal belongings.

    3. Your health


      1. You warrant that, unless otherwise disclosed to us in accordance with clause 3.3.2 below, you are in good physical health and condition and, as far as you are aware, have no medical or other condition that could, in the reasonable opinion of a registered medical practitioner, prevent you from participating in physical exercise or activity at our facilities.

      2. You must disclose to us any injury, illness, pregnancy, communicable disease or any other condition that may impact on your ability to participate in physical exercise or activity at our facilities. If you disclose any such condition to us, we may require that you provide clearance in the form of a Medical Certificate from a registered medical practitioner before you participate in physical exercise or activity at our facilities.

      3. You acknowledge that participating in physical exercise or activity at our facilities may be physically strenuous and may involve the risk of injury or death. You agree to participate in physical exercise or activity with us at your own risk.

  4. MEMBERSHIP RESTRICTIONS


    1. Minimum age


      You must be at least 16 years of age to participate in physical exercise or activity at our facilities. Persons under the age of 16 years must not be left at our facilities without adult supervision. We, and our staff, will not be responsible for the supervision of any persons under the age of 16 years.

    2. Our facilities


      We have the right to make changes to any of our services which are necessary to comply with any applicable law or safety requirement and we may restrict access to our facilities to undertake those changes. We may also restrict access to our facilities to conduct cleaning, repairs, improvement works or maintenance. We will notify you in the event that any such change or closure occurs. Notification may be in the form of an online update on our website, by email, letter or by phone.

  5. TERMINATION OF MEMBERSHIP


    1. We have the right to terminate your membership at any time on notice in writing if:


      1. you attend a class which you have not paid in advance for;


      2. you act in a manner that, in our reasonable opinion, may endanger yourself, other members or our staff;

      3. you have provided information to us as required by the Terms that is false or incorrect;

      4. you commit a serious or repeated breach of the Terms;


      5. you otherwise breach the Terms and the breach, if capable of remedy, is not remedied within 14 days of us giving you notice to do so.

    2. If we terminate your membership in accordance with clause 5.1 we may, in addition to any other rights or remedies available to us:

      1. prohibit you from entering our facilities;


      2. deactivate your membership account;


      3. recover from you any reasonable costs and expenses we incur as a result of your breach; and

      4. cancel any unused credits.


  6. LIABILITY


    1. Subject to clause 6.2 and 6.3, you agree that we shall not be liable to you, whether in contract or tort (including negligence or breach of statutory duty) or otherwise for any loss, injury, death or Claim whether direct, indirect or consequential (including for loss of profits, business or anticipated savings) arising directly or indirectly out of, or in connection with, the Terms, the services provided by us and or the use of our facilities.

    2. Nothing in the Terms shall limit or exclude our liability for:


      1. death or personal injury to the extent caused directly by our gross negligence; or


      2. fraud or fraudulent misrepresentation on our behalf.


    3. Nothing in the Terms, whether express or implied, shall be taken to exclude, restrict or modify any non-excludable guarantee, conditions, warranties or rights contained in any applicable State, Territory or Commonwealth legislation.

  7. OFFERS


    The following offers are available to you and may be varied or revoked by us at any time with or without notice to you:



    The Luxe Intro Offer -$50

    The ultimate intro offer, 2 weeks unlimited sessions in both the Functional Fitness and Pilates rooms. This offer is available to brand new clients only. Visit the app or website to see 7th Ave session schedule.

    Activate from the date of your first class booking and valid for a period of 14 days.
    Term and conditions apply. Unlimited sessions available in this offer are 7 sessions per week.

    VIP Comp Session

    Try your first one VIP session on us

    On time use only.

    Partner Luxe Offering - $25

    Business and Corporate partnerships, 5 Sessions, available as a once off per member for new members only. This offer is non- transferable and non-refundable.

    Activate from the date of your first class booking and valid for a period of 90 days.

    Fit Friends Offer - $25

    Refer a friend and receive a $25 credit to go towards your next purchase. This offer is non- transferable and non-refundable. Excludes Luxe Introductory Offer $50.

    Trail valid 14 days from booking date.

    Birthday Offers

    Available annually as a once off per member. This offer is non- transferable and non-refundable.


    The Luxe Gift Certificate

    Non-transferable and non- refundable

    Must be activated directly with staff, active from your first class and valid 12 months.

    Fit and Wellness Challenge Offers

    Available based on campaigns. This offer will be non-transferable and non-refundable

    Activate from date of offering and valid for the term of offering.



  8. GENERAL


    1. Use of your image


      You agree to allow us to take videos or photos of you to use for promotion purposes from time to time.

    2. Force Majeure


      Neither us or you will be responsible or liable in any way for any default in the performance of the Terms arising directly or indirectly from events or causes beyond our or your control including, fire, flood, lightning, storm, hurricane or other action of the elements, riots, wars, civil and common, strikes, lockouts, anomalous and unfavourable climate course, equipment breakdown or failure or any other unavoidable events or contingencies.

    3. Variation


      We may vary the Terms from time to time on prior notice to you. Notification may be in the form of an online update on our website, by email, letter or by phone. If you continue to use our

      services and facilities after our notice this will constitute acceptance of the variations to the Terms.

    4. Governing law and jurisdiction


The Terms shall be governed by, and construed in accordance with the law of Victoria, Australia, and the parties irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia.