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
Membership Terms and Conditions
(a) Stepz Fitness agree to provide Services to you through its employees. Please read these terms and conditions (Terms) carefully as they form a contract between Members and us.
(c) We reserve the right to amend the Terms at any time, and by continuing to use the Services, you accept the Terms as they apply from time to time.
(a) This Membership Agreement commences on the date that is set out on your Membership Agreement Form (Commencement Date) and upon the Member submitting:
(i) a completed Membership Agreement Form;
(ii) a completed Direct Debit Request Form; and
(iii) any fees that may be due and payable by a Member at the commencement of their Membership, as communicated to you by Stepz Fitness prior to the Commencement Date.
(b) This Membership Agreement will continue until it is terminated in accordance with these Terms.
2.2 Promotional Period
Where a membership commences with a free trial or promotional period, the Member agrees that:
(a) the membership will automatically continue upon expiry of the free trial or promotional period; and
(b) fees will become due and payable in accordance with the chosen membership option, any payment schedule included as part of that membership option and clause 7 of the Agreement,
unless terminated in writing prior to the end of the free trial period and in accordance with the Membership Agreement.
2.3 Minimum Term
(a) Where the Member chooses a Fixed Term Membership, the minimum term will be 12 months from the date of Commencement Date (Minimum Term).
(b) At the end of the Minimum Term, the Agreement will automatically renew for an additional 12 months on the first day after the last day of the Minimum Term (Further Term).
(c) Stepz Fitness will notify the Member no less than 14 days prior to the expiry of the Minimum Term (or any Further Term, as applicable) of any changes to the Membership Fees.
2.4 Flexible Memberships
Where the Member chooses a Flexible Membership, the Term shall be month to month or as stated otherwise on the Membership Agreement Form.
3. Cooling Off Period
(a) This Agreement is subject to a Cooling Off Period.
(b) The Cooling Off Period applies to new Members only.
(c) A Member may terminate this Agreement within the Cooling Off Period by:
(i) providing written notice; and
(ii) returning any products given to the Member by Stepz Fitness,
to the Manager of the Member’s Home Club, prior to the expiry of the Cooling Off Period.
(d) If the Member terminates this Membership Agreement within the Cooling Off Period, then this Membership Agreement will terminate immediately and Stepz Fitness will refund all monies paid by the Member with the exception of a $65 administration fee reasonably incurred by Stepz Fitness, along with any fees incurred for special services that have been delivered, such as personal training.
4. Use of the Services
4.1 Age Requirements
(a) All members must be a minimum of 14 years of age.
(b) Members under 18 years of age must have a parent or guardian co-sign the Membership Agreement Form before their application will be approved.
(c) Where the parent or guardian of a Member provides their permission and written consent, the parent or guardian:
(i) acknowledges and agrees that they have read this Membership Agreement;
(ii) consents to the Member entering into the Membership Agreement; and
(iii) accepts full responsibility and liability for any loss, which may arise as a result of the Member’s access and use of the Services, including their failure to pay any fees as set out in the Membership Agreement Form.
4.2 Conditions of Entry
(a) Members between the ages of 14 -17 years must not use the Gym facilities outside of staffed hours unless otherwise agreed with Stepz Fitness’ staff at the Member’s Home Club and the Member’s parent or guardian.
(b) Where 24/7 access is available, other Stepz Fitness members shall have 24/7 access to the Services.
(c) Members agree not to bring any non-members or other third parties into the Gym outside of staffed hours.
(d) Where Members fail to comply with clause 4.2(c), Members agree:
(i) To accept full responsibility and liability on their personal behalf for any loss, damage or injury caused or attributed to the non-member(s);
(ii) That Stepz Fitness may terminate this Agreement and charge a cancellation fee of $149.00 to the Member’s nominated bank account or credit card; and
(iii) That the Member will be prohibited from rejoining any Stepz Fitness Gym for a period of up to 24 months from the time of termination.
(e) Members will have access to the Member’s Home Club as specified in their Membership Details. To access a reciprocal membership to all Stepz Fitness facilities in Australia and New Zealand, Members must:
(i) Be paying a Member’s Membership Fee that is not less than the minimum weekly membership amount as set out on the Website; and
(ii) Submit a written request for a reciprocal Membership to firstname.lastname@example.org
(f) Stepz Fitness reserve the right to refuse entry to any person, including Members.
4.3 Government Directives
(a) Members shall be bound by any directive issued by the State or Commonwealth Governments (Government Directive) that apply to or in connection with this Agreement, their Membership or their use of the Services.
(b) Where a Government Directive impacts Stepz Fitness’ ability to provide the Services or perform its obligations under this Agreement, you acknowledge and agree that Stepz Fitness:
(i) will not be liable for any loss suffered by you as a result of its obligation to comply with a Government Directive;
(ii) may charge a reduced Membership Fee in return for providing access to online training services; and
(iii) may alter the end date of the Minimum Term of the Membership to account for any time Stepz Fitness has been unable to supply the Services.
5.1 Stepz Fitness Obligations
Stepz Fitness will provide the Services to the Member in accordance with this Membership Agreement.
5.2 Member Obligations
The Members will:
(a) fully participate in orientation, including reading any material provided by Stepz Fitness;
(b) comply with Stepz Fitness’ rules and health and safety requirements, as amended from time to time, including those set out in clause 6;
(c) respect other Stepz Fitness members and Stepz Fitness’ employees, including not causing offence or injury to those people or causing damage to their property;
(d) wear clothing suitable for physical exercise when using the Services;
(e) enter and leave the Gym without making unreasonable levels of noise or disruption;
(f) cease using the Services in the event of injury;
(g) comply with clause 4.2; and
(h) not use high-risk equipment, deemed as such by Stepz Fitness, during unstaffed hours.
6. Health and Safety
6.1 Your physical condition
Members agree that by signing this Agreement they agree and declare that:
(a) there are risks involved in all aspects of athletic activities and physical exercise, including use of the Gym and equipment involved in the Services, including risks of Personal Injury and death;
(b) they are in good physical condition and have disclosed all injuries and illnesses, whether current or historical;
(c) have no reason or impairment that might prevent the use of the Services;
(d) this declaration is made each time the Member uses the Services;
(e) Stepz Fitness staff:
(i) are not medically trained and cannot assess whether a Member is in good physical condition; and
(ii) advise the Member to seek professional advice prior to commencing any new exercise program;
(f) the Member will monitor their physical condition at all times and exercise to a level that is appropriate to their health and any medical advice obtained; and
(g) the Services are not to be used while a Member is 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.
(a) In the event the Member feels light-headed, faint, dizzy, nauseated, or experiences pain or discomfort while at the Gym, the Member must stop any activity they are doing and inform a Stepz Fitness employee as soon as possible.
(b) The Member assumes full responsibility for the risks that the Member is exposing itself to by using the Services and accepts full responsibility for any injury or death that may result from participation in the Services.
(c) Before receiving any Services, the Member must ensure that they are aware of, and properly understand, all of the risks involved in the Services supplied by Stepz Fitness, and that those risks will include any particular risks associated with any health condition or pre-existing disability from which the Member suffers.
(d) The Member acknowledges that:
(i) the Services may involve strenuous exercises and other high exertion activities and the Member is not obligated to perform nor participate in any activity in which the Member does not wish to participate; and
(ii) it is the Member’s responsibility to communicate any physical and psychological concerns that might conflict with the Member’s ability to receive or participate in the Services.
(e) If the Member is pregnant or becomes pregnant during the Term, the Member warrants that it has received written consent from the Member’s doctor that they are able to safely engage or participate in Training and receive the Services.
(f) By entering into this Membership Agreement, the Member acknowledges, agrees and understands that the Member’s engagement or participation in any Services supplied by Stepz Fitness may involve the risks outlined in this Agreement.
7. Payment Terms
(a) The Member agrees to pay the Membership Fees on the date as set out in the Membership Agreement Form (Due Date) and to be bound by the terms and conditions set out in the Direct Debit Request Form.
(b) Stepz Fitness may charge an annual fee of $11.00 to be debited from a Member in April each year.
(c) You may not seek any reduction in your Membership Fees because of closure on a public holiday.
(d) Stepz Fitness reserves the right to vary the fees from time to time by giving Members not less than 30 days written notice of the changes.
(e) If any amount payable under the Agreement is not paid on the Due Date:
(i) access to the Services may be suspended until such time as payments are up to date;
(ii) a dishonour fee of up to $12.90 per failed transaction will become due and payable;
(iii) the outstanding funds and any dishonour fees will be debited on the next scheduled debit date; and
(iv) if three (3) or more payments remain outstanding, Stepz Fitness will refer your account to a debt collection agency which will incur a $50.00 debt collection processing fee.
(f) Members are responsible for any fees and charges payable due to an unsuccessful debit including any financial institution charges, collection fees and debt recovery and collection agent costs incurred by Stepz Fitness.
(g) Where a Member’s choice not to comply with any Government Directive impacts the Member’s access to the Service in any way whatsoever, Stepz Fitness reserves the right, in its absolute discretion, to charge the Membership Fees in accordance with the Agreement.
7.2 Direct Debit General Terms
(a) Direct debit payments are managed and debited on behalf of Stepz Fitness by a third-party billing agent, Debit First Pty Ltd (ABN 87 603 353 313) (Debit First).
(c) When a debit day falls on a weekend and/or a public holiday, the debit will be processed on the next business day.
(d) The Member will notify Debit First of any changes to its payment details.
(e) Direct debit may not be available on all bank accounts. Members are advised to confirm their nominated bank account accepts direct debit with the applicable financial institution before completing the Direct Debit Request Form.
(f) Stepz Fitness reserves the right, in its absolute discretion, to charge Members any third-party processing fees that may be incurred in the collection of the Membership Fees.
(g) All enquiries in relation to refunds must be directed to Stepz Fitness.
7.3 No Refunds or returns
Stepz Fitness is under no obligation to refund or return any monies paid by the Member if the Member fails to:
(a) make use of its membership;
(b) access, engage or participate in the Services; or
(c) terminates this Membership Agreement during the Minimum Term for any reason other than referred to in clause 14.1 below.
8. Photography and Video Release
(a) Members agree that photos, videos and audio recordings (Recordings) are sometimes taken of the Services for promotional purposes and agree to Stepz Fitness’ use of the Recordings, from time to time, for promotional activities including for use on social media.
(b) Members agree to assign any and all rights to the Recordings to Stepz Fitness Group Pty Ltd.
(b) Any data collected by us as a result of you entering into this Agreement may be included in our Membership date base, which shall remain the property of Stepz Fitness.
10. Australian Consumer Law
(a) The Member retains all rights under the Australian Consumer Law.
(b) Stepz Fitness will not provide a refund if the Member requests a refund due to a change of mind, except in accordance with clause 3.
(c)Stepz Fitness does not limit, restrict or exclude any consumer guarantees under the Australian Consumer Law.
(a) To the fullest extent permitted by law, we are not liable to you or to anyone else for any direct or indirect loss or damage, including Consequential Loss, arising out of or in connection with:
(i) your use or inability to use the Service;
(ii) any interactions between Members;
(iii) the conduct of other Members;
(iv) any Member breaching or failing to comply with any applicable laws;
(v) this Membership Agreement arising from negligence, breach of contract or otherwise;
(vi) any act, omission or negligence of any sub-contractor for the supply of the Services; and
(vii) unauthorised creation, access or use of your personal information or your membership,
even if we have been advised of the possibility of such loss.
(b) If Stepz Fitness is found to be liable to the Member, then Stepz Fitness’ total liability will not exceed the Membership Fee already paid, or partially paid, by the Member in the preceding 12 months.
(c) Nothing in this Membership Agreement operates to limit or exclude:
(i) liability that cannot be limited or excluded by law; and
(ii) Stepz Fitness’ liability resulting from its fraudulent, reckless or unlawful act or omission.
(a) Members agree to indemnify Stepz Fitness for all losses, damages, liabilities, claims and expenses (including reasonable legal costs) incurred by Stepz Fitness arising out of or in connection with:
(i) your use of the Services;
(ii) any death of, or injury to, any person and any loss to the real or personal property of any person, caused by an act or omission of the Member; or
(iii) any breach of this Membership Agreement.
(b) We reserve the right, at our own expense, to assume the exclusive control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.
12.2 Release and Waiver
(a) By entering into this Membership Agreement, the Member acknowledges, agrees and understands that the Member:
(i) engages or participates in the Services voluntarily and at the Member’s own risk in full knowledge of these risks;
(ii) assumes full responsibility for the risks involved; and
(iii) accepts full responsibility for any injury or death that may result from participating in the Services.
(b) The Member agrees to waive any responsibility, liability or claim of any nature or cause including negligence, which the Member might have, or which may arise against Stepz Fitness or its representatives, including, but not limited to, receiving the supply of the Services and use of the facilities, Gym or equipment of Stepz Fitness.
(a) A Member may suspend their Membership at any time, once per calendar year, by providing Stepz Fitness with not less than 7 days written notice, taking effect on the next day after the expiry of 7 days.
(b) The minimum period of a suspension will be two weeks from the date of suspension.
(c) Fees will not be charged during the first four weeks of the suspension period.
(d) An administration fee of $5.00 per week will be payable for each week a membership is suspended, after the first four weeks.
(e) A Member must not use any Stepz Fitness facilities during the period of suspension.
14.1 Termination for Illness or Injury
Members may terminate the Agreement without financial penalty in instances of permanent sickness or physical incapacity by providing to Stepz Fitness:
(a) written notification of termination outlining the reason for termination; and
(b) a medical certificate stating that the Member is unable to utilise any fitness services or facilities due to a permanent illness or physical incapacity for the remainder of the Term.
14.2 Termination During a Minimum Term
A Member may terminate the Agreement during a Minimum Term by:
(a) completing a Notice to Terminate and submitting it to the Member’s Home Club;
(b) paying all fees due and payable under your membership as at the end of the notification period; and
(c) making payment of the Payout Fee which becomes due and payable at the time of the termination request.
14.3 Termination After the Minimum Term or of a Flexible Membership
(a) Member’s may terminate this Agreement after the expiry of the Minimum Term, or where their Membership is a Flexible Membership, by providing Stepz Fitness with no less than 30 days written notice, unless otherwise agreed between the parties.
(b) The termination will take effect on the first day after the expiry of the 30 days’ notice.
(c) Fees will be charged in accordance with the Agreement until the expiry of the notice period.
(d) Any outstanding fees at the end of the termination period, including any administration fees reasonably incurred, must be paid in full and are subject to the recovery process as set out in clauses 7 and 7.2 of this Agreement.
14.4 Termination by Stepz Fitness
(a) Stepz Fitness may, at its sole discretion, terminate this Agreement by giving a Member written notice if:
(i) Any part of the Membership Fees remain unpaid 28 days after the Due Date; or
(ii) A Member:
(A) breaches this Agreement or club rules or
(B) knowingly provides Stepz Fitness with false details.
(b) Stepz Fitness may, at its sole discretion, terminate this Agreement without notice if a Member engages in behaviour that is serious, inappropriate behaviour, including threatening or harassing other Members, damaging equipment or involves the use of illegal or performance enhancing drugs.
(c) Where Stepz Fitness terminates this Agreement in accordance with clause 14.4, the Member will be liable for all financial obligations until the date of termination.
14.5 Termination for cause
Either party may terminate this Agreement at any time, by notice with immediate effect, if the other party:
(a) commits a material breach of this Agreement that is not capable of remedy;
(b) commits a material breach of this Agreement capable of remedy, and does not remedy that breach within 10 days after receiving notice of the breach; or
(c) suffers an Insolvency Event.
15.1 Dispute Resolution
The parties agree to use reasonable endeavours to resolve any dispute through negotiation. If the dispute cannot be negotiated between the parties within 30 days of the dispute arising, either party may commence proceedings.
15.2 Entire Agreement and Enforcement
This Agreement represents the entire agreement between the parties and supersedes all prior discussions, negotiations, understandings and agreements in relation to the subject matter of this Agreement.
15.3 Change of Details
Members must notify us in writing if there are any changes to their details which are relevant to their membership. If a Member fails to provide us with current contact details, notice given by us to the address we have on record will constitute valid notice to the Member under these Terms.
15.4 Complaints and Feedback
Members may put all complaints and feedback in writing and deliver it to the Member’s Home Club by mail, email or in person. The management team at the Member’s Home Club will contact the Member within a week of the receipt of the complaint in an attempt to resolve the matter. If the matter is not resolved at this point it will be sent to the customer service team of Stepz Fitness who will investigate the matter and prepare a resolution or response to the Member.
(a) Members must not assign or otherwise deal with all or any party of its rights or obligations under the Agreement without our prior written consent (which may not be unreasonably withheld but which may be given subject to reasonable conditions).
(b) We may assign or otherwise deal with any of our rights or obligations under the Agreement without Members prior consent.
(c) In the event of permanent closure of the Member’s Home Club, Stepz Fitness will transfer the membership to another facility within 25 kilometers of the closed Member’s Home Club.
(d) If there is no club within 25 kilometers of the location of the Member’s Home Club, Member’s may terminate the Agreement.
15.6 Waiver and variation
A provision of the Agreement, or right, power or remedy created under it, may not be varied or waived except in writing signed by the party or parties to be bound.
If any provision is unenforceable or invalid, it will be ineffective to the extent it is unenforceable or invalid, without affecting the validity or enforceability of the remaining provisions of the Agreement.
Termination or expiration in whole or in part of the Agreement does not affect those provisions and those obligations of a party which by their very nature survive termination, including clause 10 (Liability and exclusion), clause 11(b) (Indemnity), clause 14 (Termination) and clause 15.9 (Governing law and jurisdiction).
15.9 Governing law and jurisdiction
This Agreement is governed by the laws in force in New South Wales and the parties submit to the exclusive jurisdiction of the courts of New South Wales.
16. Definitions and interpretation
The following definitions apply to this Agreement:
Administration Fee is the fee Stepz Fitness will charge clients should clients cancel their membership during the 7 day Cooling Off Period.
Agreement or Membership Agreement means:
(a) your Membership Agreement Form;
(b) these Membership Terms and Conditions; and
(c) any special conditions, schedules, or annexures to your Membership Agreement.
Australian Consumer Law means the Schedule 2 of the Competition and Consumer Act 2010.
Consequential Loss means the following, however arising and even if it is reasonably contemplated by the parties at the date of execution as a likely result of breach of this Membership Agreement:
(a) incidental, special, remote or unforeseeable loss or damage;
(b) loss of revenue, profit, income, bargain, opportunity, use, production, business, contract, goodwill, or anticipated savings, or loss caused by business interruption, but excluding loss of any amounts that would, but for the act or omission of a party, have otherwise been payable under this Membership Agreement;
(c) costs or expenses incurred to prevent or reduce loss or damage which otherwise may be incurred or suffered by a third party; or
Cooling Off Period starts from the Commencement Date and ends seven days later.
Gym means the gym premises (or multiple) specified in the Membership Agreement Form.
Insolvency Event means a liquidation or winding up, bankruptcy, the appointment of a controller, administrator, receiver, manager or similar insolvency or bankruptcy administrator to a party or any substantial part of its assets or any event that has a substantially similar effect to these events.
Member refers to the person specified in the Membership Agreement Form as the Member and includes the parent or guardian of the Member if the Member is under 18 years and references to you and your.
Member’s Home Club means the club location that you submitted your Membership Agreement Form to and is included in your Membership Details.
Membership Agreement Form means the application form completed by a Member prior to the Commencement Date, including their Membership Details.
Membership Details means the details relating to the Member’s membership, specified in the Membership Agreement Form.
Membership Fee means the fee payable by the Member to Stepz Fitness for the Services, specified in the Membership Agreement Form.
Direct Debit Request Form means the Debit First direct debit authority form completed by you prior to commencement of this Agreement.
Payout Fee means the fortnightly fee multiplied by the number of fortnights remaining in the Fixed Term, less 5%.
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.
(a) health and fitness club membership services;
(b) training services;
(c) nutritional advice services;
(d) online training services, from time to time; and
(e) any incidental services that can be reasonably inferred as being necessary or appropriate to supply these services.
Stepz Fitness us, we or our means Stepz Fitness Group Pty Ltd ACN 618 035 091 trading as Stepz Fitness Group, and includes its heirs, estates, agents, representatives, officers, directors, shareholders, successors, affiliates, subsidiaries and employees.
Website means the website operated by us and accessible via this link: https://stepzfitness.com.au/.
In this Agreement:
(a) no provision of this Agreement will be construed to the disadvantage of a party merely because that party was responsible for preparing this Agreement or including the provision in this Agreement;
(b) all monetary amounts are expressed in AUD; and
the parties must perform their obligations on the dates and times fixed by reference to New South Wales.
Promotions and Marketing Terms and Conditions
Any Current National Promotions Terms And Conditions
MAY 2022 50% off:
- Joining Fee
- Card Fee
- 1st Month Membership
MAY 2022 Campaign https://stepzfitness.com.au/memberships/promotions/ & https://stepz.com.au/50
*Two Weeks Free applied to the active member when a new member (they referred) joins a Stepz gym in the offer validation period. New Members received 50% off the joining fee, card fee and their 1st month.
*50% discount only applies to the 30 days of membership. Not available on Paid In Advance memberships. Must live local. We reserve the right to end or cancel the promotion at any time. All members are required to purchase an access card. Your first 2 fortnightly payments will be reduced by 50% then revert to normal pricing. No minimum contract term applies. Cancellations need to be made in person via our cancellation form.
Any enquiries or concerns can be directed to email@example.com
Please read the full membership Terms and Conditions before joining.