Terms & Conditions
GENERAL TERMS AND CONDITIONS
These terms and conditions relate to the operation and function of Stepz Fitness Group Pty ltd, an Australian registered company and the Franchisor of Stepz Fitness as well as its Master Franchisees, Franchisees, subsidiaries, affiliates, and associated companies (Stepz Fitness) regardless of their location.
Nothing in these terms and conditions, limit any rights you may have under the Trade Practices Act, Fair Trading Act, any other Commonwealth or State Legislation or any other such laws in the region where the Stepz Fitness you attend is located or the region referenced by the Stepz Fitness website.
Any terms or conditions that create an inconsistency with any legislation are considered void to the extent of the inconsistency.
This agreement applies to all customers who make a purchase either in a Stepz Fitness gym or via a Stepz Fitness website, or any website that has Stepz Fitness products on it and refers to these terms and conditions, or any other avenue that Stepz Fitness uses for retail purposes provided the other avenue refers to these terms and conditions. Stepz Fitness has no obligation to issue a ‘tax invoice’ unless the customer requests one or it is the law within the region where the Stepz Fitness I located.
Stepz Fitness is not liable for any of its products that have been on-sold by a customer to a third party.
WEBSITE TERMS AND CONDITIONS
The content of the pages of this website are for your general information and use only. All content is subject to change without notice.
Neither Stepz Fitness nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found on this website. Where we, Stepz Fitness, make our best endeavours to avoid errors, you acknowledge that such information on this website may from time to time contain inaccuracies and we expressly exclude liability for any such situation where this may occur.
Your use of any information or materials on this website is entirely at your own risk, for which Stepz Fitness shall not be liable. It shall be your own
responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to Stepz Fitness. This material includes, but is not limited to, the design, layout, look, appearance and graphics.
Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that Stepz Fitness endorses the website(s). Stepz Fitness has no responsibility for the content of any linked website(s). You may not create a link to this website from another website or document without prior written consent .
MEMBERSHIP TERMS AND CONDITIONS – STEPZ FITNESS AUSTRALIA
Administration Fee is the fee Stepz Fitness will charge clients should clients cancel their membership during the 7 day cooling off period. Agreement means the membership agreement between you and Stepz Fitness.
Disease includes any physical or mental ailment, disorder or morbid condition, whether of sudden onset or gradual development and whether of genetic or other origin.
Gross Negligence in relation to an act or omission, means that the act was done or omitted to be done with reckless disregard, with or without consciousness, for the consequences of the act or omission.
Home club is the club which you joined. Injury means any physical or mental injury. Personal injury means:
(a) an injury of an individual (including the aggravation, acceleration or recurrence of an injury of the individual); or
(b) the contraction, aggravation, acceleration, or recurrence of a disease of an individual; or
(c) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual that is or may be harmful or disadvantageous to, or result in harm or disadvantage to:
(i) the individual; or
(ii) the community.
Recreational Activities means your participation in a sporting activity or leisure time pursuit or your participation in any other activity that involves a significant degree of physical exertion or physical risk and is undertaken for the purposes of recreation, enjoyment or leisure. Recreational Services means services that consist of participation in:
(a) a sporting activity or a similar leisure-time pursuit; or
(b) any other activity that:
(i) involves a significant degree of physical exertion or physical risk; and
(ii) is undertaken for the purposes of recreation, enjoyment or leisure.
Stepz Fitness means: The Entity which owns and operates the Stepz Fitness Club and includes its heirs, estates, agents, representatives,officers, directors, shareholders, successors, affiliates, subsidiaries and employees.
You means: the person described in this Agreement who is applying for a membership of Stepz Fitness Membership Agreement The Agreement is made up of these terms, the payment authority form, and all policies and rules of Stepz Fitness. You must ensure that you read, understand, and abide by the Agreement.
All members must be a minimum of 14 years of age. Members under 18 years of age must have a parent or guardian co-sign the membership form before their application will be approved. Members under 16 must be accompanied by either a personal trainer, guardian or parent when inside the club. Stepz Fitness members shall have 24/7 access to the Facilities. Stepz Fitness members agree not to bring any non-members into the club outside of staffed hours. If any members break this condition they accept full responsibility and liability on their personal behalf for any loss, damage or injury attributed to the non-member(s).
Stepz Fitness may also terminate the membership and charge a fee of $149.00 to the members nominated bank or credit card account. The member will also be prohibited from rejoining any Stepz Fitness club for a period of up to 24 months from the time of termination.
Your standard membership entitles you to use the facilities of all Stepz Fitness [venues/clubs] throughout Australia and New Zealand, unless otherwise stated in your membership type for home club use only. Stepz Fitness members shall have 24/7 access to the facilities where available. Not all Stepz Fitness clubs have 24/7 access.
Commencement of Your Membership Your membership commences on the date that is set out on your membership application form. Stepz Fitness will make all reasonable efforts to do so within 7 days of you:
a) Returning a completed Membership Agreement Form
b) Returning a completed Payment Authority Form
c)We have received your total upfront payments as set out in the Membership Agreement form
If applicable, in the event you are offered a free trial, your Membership will continue and a Membership Fee will be payable and automatically billed to your credit card or bank account, based on the Membership Option you choose, unless you expressly cancel your Membership by notifying Stepz Fitness in writing prior to the end of the free trial period.
Cooling Off Period
You can cancel your membership within 7 days of Stepz Fitness acknowledging you as a member by advising the Manager of the Stepz Fitness where you joined in writing. If you do so, Stepz Fitness will refund any money paid by you less an administration fee of $65 which is retainable by Stepz Fitness.
If you have not made any payment at this stage, you will still be required to pay the $65 administration fee. You must return all products given to you by
Stepz Fitness at the time of joining.
Suspension/Freezing of Your Membership
You can apply in writing to have your membership suspended during which time you are not able to use Stepz Fitness clubs and facilities. You must provide written notice seven days prior to the date in which you would like the suspended period to commence. The minimum period you can freeze your membership for is two weeks. You may suspend your membership for up to 4 weeks per year at no cost. You are required to pay an administration fee of $5 for each week that your membership is frozen, after that 4 weeks period each year.
Renewal of Paid on Advance Memberships
We will issue a Membership renewal notice at least 14 days before the expiry of your Membership which will:
(a) set out the annual Membership Fee payable, which we may change each year at our discretion;
(b) set out the payment methods available; and
(c) provide you with the ability to notify us if you do not wish to renew your Membership.
Unless you notify us otherwise, your Membership will be automatically renewed for another one year, unless agreed to be a longer or shorter period as the case may be, and the Membership Fee applicable for that period will be payable by you. If you elect not to renew your Membership, your Membership will cease.
Termination By You
Minimum Term Agreements
Your membership may be terminated under the following conditions outside of the cooling
1. Permanent Sickness or Physical Incapacity:
i. Stepz Fitness requires a written cancellation request advising the nature of the illness or physical incapacity, outlining specifically how this prevents you from utilising any of the services or facilities that Stepz Fitness is able to provide for the remainder of your term.
ii. Stepz Fitness requires a medical certificate stating that you cannot utilise any fitness
services or facilities because of your permanent illness or physical incapacity for the
remainder of your membership term.
iii. Stepz Fitness may agree to cancel the membership with no exit fee.
2. Cancellation for any other reason
i. Stepz Fitness requires that a written cancellation request form be completed and all
requests must be directed, in the first instance, to your Stepz FitnessClub.
ii. Cancellation within Minimum Term:
You may terminate this Agreement before the expiry of their minimum term (or payment amount) if all instalments and fees due up to the date of termination are paid and the relevant payout fee is paid in full at time of cancellation request. The payout fee is calculated by multiplying the fortnightly fee on your membership agreement by the number of fortnights left in your minimum term and deducting 5% from the total.
iii. Cancellations after completion of Minimum Term: There will be a period of notice of 30 days, unless otherwise specified, from the date of cancellation request to the date of termination, during which any payments that fall due must be paid in full. Any instalments/fees due at the date of termination (including instalments/fees which fall due during the notice period) will remain a debt owed to and recoverable by Stepz Fitness.
iv. Paid in advance memberships will not be refunded by Stepz Fitness within the minimum
term of you agreement.
Flexible Fortnightly Memberships
If you decide to terminate your membership you first must complete a Notice to Terminate which are available from your home club. Termination of prepaid or basic memberships can be done by giving 30 days written notice to your home club. Thirty days starts from the day receipt of your Notice to Terminate is acknowledged by your home club. Acknowledgment will be given by email or writing to the details Stepz Fitness holds.
You may terminate your membership immediately if you have become permanently sick or physically incapacitated and cannot use any of the facilities provided by Stepz Fitness. This must be verified in writing by a licensed physician. In the case of death, your estate must provide written evidence of your death.
Termination by Stepz Fitness
Stepz Fitness may terminate your contract by giving notice by email or writing to your details Stepz Fitness holds on record if:
a) Any part of your membership dues remain unpaid 28 days after falling due; or
b) You breach our membership terms or club rules.
c) Providing us knowingly with false details. We may cancel your membership without any warning or notice for serious inappropriate behaviour that is threatening or harassing, and includes damaging equipment in the club and perceived risks, including but not limited to, the use of illegal or performance enhancing drugs.You are liable for all financial obligations until the date of termination, whether it be by notice or immediate.
In the event that your membership payment fails, Stepz Fitness will charge a dishonour fee of $9.90 per failed transaction. In the event that you have 3 payment outstanding Stepz Fitness policy is to pass your account onto a debt collection agency, which will be put on your credit records and may affect your credit rating.This will also incur a $50 debt collection-processing fee.
Refusal of Entry
We reserve the right to refuse entry to any person, including members.
You agree to pay the fees as set out in the payment schedule and be bound by the direct debit terms and conditions set out in the Payment Authority Form.
You may not seek any reduction in your membership fees because of closure on a public holiday. Stepz Fitness reserves the right, at any time, to change the fees charged to members for the rights under the Agreement. Stepz Fitness agrees to use reasonable endeavours to provide you with written notice of the changes. The changes will take effect 30 days after the notice is deemed to have been received by you. We deem receipt to have occurred two business days after the notice was posted by mail or the following day if it was sent via fax or email. At the end of the 30 day period, you authorize Stepz Fitness and/or the direct debit company to debit the new amount to your account. If any amount payable for your membership is not paid on the due date, access to the club will be suspended until such time as payments are up to date (late fees and recovery costs may be charged). You will be responsible for any fees and charges for each unsuccessful debit in addition to any financial institution charges and collection fees, including and not limited to any solicitor fees and collection agent fees appointed by Stepz Fitness. Every Stepz Fitness member will incur an annual fee of $11.00. This fee will be debited during the month of April each year.
By signing this Agreement you represent that you are in good physical condition and have no reason or impairment that might prevent you from using the equipment at the club. You repeat this representation each time that you use our facilities. Stepz Fitness staffs are not medically trained and cannot assess whether you are in good physical condition. We
strongly advise you take expert advice prior to commencing your membership or prior to commencing a new exercise program. Please monitor your physical condition at all times and exercise to a level that is appropriate to your health and any medical advice you have obtained. You shall not use the club facilities whilst suffering from any infections or contagious illness, disease or other ailment or whilst suffering from any physical ailment such as open cuts or sores or minor infections where there is a risk, however small, to other members.
We give you warning that whilst on our premises you may suffer injuries including broken bones, soft tissue injuries and joint injuries. These injuries which occur on Stepz Fitness premises, or in the course of Stepz Fitness providing any services under this agreement, include the following types of injuries: injuries that may occur as a result of you slipping on wet flooring, weights striking you, collisions with other members or injuries relating to or caused by equipment. You use the facilities at your own risk. You release, to the fullest extent permitted by law, Stepz Fitness against and from all expenses, damages, costs, liabilities, claims, actions, proceeding, judgements and losses of any kind whatsoever arising out of, caused by, attributable to or resulting from any accident, damage, loss, damage to property, injury or death to any person. Liability Release (Victoria Only) WARNING UNDER THE FAIR TRADING ACT 1999 Under the provisions of the Fair Trading Act 1999 several conditions are implied into contracts for the supply of certain goods and services. These conditions mean that the supplier named on the this form is required to ensure that the recreational services it supplies to you are:
– rendered with due care and skill; and – as fit for the purpose for which they are commonly
bought as it is reasonable to expect in the circumstances; and
– reasonably fit for any particular purpose or might reasonably be expected to achieve any
result you have made known to the supplier.
Under section 32N of the Fair Trading Act 1999 (Vic), the supplier is entitled to ask you to agree that these conditions do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Fair Trading Act 1999 if you are killed or injured because the services were not rendered with due care and skill or they were not reasonably fit for the purpose, are excluded, restricted or modified in the way set out in this form.
NOTE: The change to your rights as set out in this form does not apply if your death or injury is due to the gross negligence on the supplier part. Gross negligence is defined in the Fair Trading (Recreational Services) Regulations 2004 (Vic) Liability Release (All other states) In consideration of Stepz Fitness accepting your application for membership, and you becoming a Member, you agree that Stepz Fitness and their servants or agents shall not be liable for any death or personal injury occurring upon any Club premises or as a result of the use of facilities and/ or equipment provided by Stepz Fitness, except to the extent that such death or personal injury arises from the gross negligence of Stepz Fitness.
You understand and acknowledge that Stepz Fitness purchases or leases the equipment from a third party and therefore does not manufacture any of the fitness or otherequipment used in the Clubs. Stepz Fitness can not be held liable for defective products or equipment, except to the extent to which the law holds them liable.
Liability for Property
You agree that Stepz Fitness and their servants and agents are not liable to you for any personal property that is damaged, lost, or stolen while in or around the Clubs, including, but not limited to property left in lockers, except where caused by the gross negligence of Stepz Fitness. If you cause damage to the Club or any equipment you are liable to Stepz Fitness for its cost of repair or replacement. Other Services (Implied Warranty under s 74 of Trade Practices Act 1974)
In the provision of services, other than recreational services, Stepz Fitness will use due care and skill and any materials supplied in the connection with those services will be reasonably fit for the purpose for which they are supplied.
By signing the Agreement you consent to us using your image in any promotion or other material in relation to the business. This is only applicable if you happen to be filmed in the background of a shoot organised for Stepz Fitness.
For security purposes, Stepz Fitness uses video surveillance equipment to monitor the floor area of the Clubs. By signing this Agreement you acknowledge that you will be subject to video surveillance and recording within the floor area of the Clubs.
Complaints and Feedback
You may put all complaints and feedback in writing and deliver it to your home club by mail, fax, email or in person. The management team at your home club will contact you within a week of the receipt of your complaint in an attempt to resolve the matter. If the matter is not resolved at this point it is sent to the Customer Service team of Stepz Fitness who will investigate the matter and prepare a resolution or response to you.
Change of Details
You must notify us in writing if there are any changes to your details which are relevant to your membership. If you fail to provide us with current contact details, notice given by us to the address we have on record will constitute valid notice to you under these Terms.
In processing your membership and throughout your membership period we obtain personal information about you. Stepz Fitness will only use, disclose or deal with such information to the extent specifically required by law or for the purposes of this Agreement and/or your membership.
Contract Transfer by Stepz Fitness
We may transfer our rights and obligations under this Agreement to a third party without notice and you will continue as a member. We reserve the right, in the event of permanent closure of the club which you have joined, to transfer your membership to another one of our clubs within 25 kilometres of the closed club. If there is no club within 25 kilometres, you have the right to cancel your membership.
Entire Agreement and Enforcement
This document contains the entire agreement between you and Stepz Fitness and replaces any oral or other written agreement. Any manual or hand written changes to this agreement are not valid. If part or all of any provision of this Agreement is illegal or unenforceable, it may be severed from this Agreement and the provisions that remain will continue in force. If Stepz Fitness does not enforce any rights in this agreement for any reason, Stepz Fitness does not waive its right to enforce it later. By signing this Agreement you agree to be bound by its terms.
Please submit any complaints via email to firstname.lastname@example.org Please include all detail relating to your complaint. We will do all that is reasonably and practicably possible to assess the merits of the complaint and respond within a reasonable timeframe.
Any Current National Promotions Terms And Conditions
1. Step Into SPRING Campaign http://stepz.com.au/spring
***Only valid on 12 month memberships. Minimum Term Applies. 10 weeks direct debit for $10 per week then revert to normal prices. Not to be used in conjunction with any other offer. Must live in local area. Card Fee of $55 may apply. Please read full membership Terms and Conditions before joining.