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Terms and Condition

101FITNESS

TERMS AND CONDITIONS

 

101FITNESS TERMS OF SERVICE

Welcome to 101FITNESS. By using our facilities, memberships, passes, programs, packages or services, you agree to comply with and be bound by the following Terms and Conditions. If you disagree with any part of these Terms and Conditions, please do not use our services.

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A. GENERAL TERMS AND CONDITIONS

1. MEMBERSHIP AGREEMENT: 1.1 By joining 101FITNESS, you acknowledge that you are at least 18 years old or have obtained consent from a parent or legal guardian if you are under 18. 1.2 Memberships, passes and access rights are personal and non-transferable unless otherwise approved by 101FITNESS in writing. 1.3 Members are responsible for providing accurate personal, contact and payment information and keeping these details up to date. 1.4 Different membership types, passes, packages or programs may have different fees, durations, inclusions, expiry dates and payment conditions.

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2. GYM ACCESS AND HOURS: 2.1 Members are granted access to the gym during the operating and access hours specified by management. 2.2 101FITNESS reserves the right to modify operating hours, access hours or close the facilities for maintenance, repairs, public holidays, staffing, safety issues or operational needs. Notice will be provided to members whenever possible. 2.3 Access may be suspended or restricted if a member’s account is overdue, paused, cancelled, terminated or in breach of these Terms and Conditions.

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3. CODE OF CONDUCT: 3.1 Members must conduct themselves in a respectful, safe and responsible manner while using the gym facilities. 3.2 Harassment, discrimination, intimidation, abusive language, aggressive behaviour or any form of inappropriate behaviour towards other members or staff will not be tolerated and may result in suspension or termination of membership. 3.3 Members are expected to follow all rules, signage and instructions provided by gym staff regarding equipment usage, safety guidelines and cleanliness. 3.4 Failure to follow gym rules, signage or staff instructions may result in a warning, access restriction, suspension, termination or reasonable cleaning, repair, replacement or administration charges. 3.5 Members must not film, photograph or record other members or staff without their permission.

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4. FOOTWEAR, EQUIPMENT AND SAFETY: 4.1 Members must wear appropriate closed-toe athletic shoes while using the gym facilities. Bare feet, socks only, slippers, slides, Crocs, sandals, thongs or any open-toe shoes are not permitted. 4.2 101FITNESS reserves the right to refuse entry, restrict access or ask members to leave if the footwear policy is not followed. 4.3 Members must not drop, slam or throw weights unnecessarily. All weights and equipment must be handled in a safe and controlled manner at all times. 4.4 Members must use gym equipment and facilities safely and follow proper techniques, guidelines and staff instructions. 4.5 Any damage caused by negligence, misuse, unsafe behaviour or failure to follow instructions may result in the member being responsible for repair or replacement costs. 4.6 Members are responsible for ensuring that they are in good health and capable of engaging in physical exercise. It is advised to consult with a healthcare professional before starting any new fitness program.

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5. ACCESS KEY, FOB AND UNAUTHORISED ENTRY: 5.1 Access keys(FOBs) or any other access method are issued for the member’s personal use only and must not be shared. 5.2 Members must not allow any other person to enter the facility using their access method. 5.3 Unauthorised entry, using the gym without a valid membership, using another person’s membership, tailgating, piggybacking or letting a non-member enter the gym is strictly prohibited. 5.4 A member who enters without a valid membership or allows another person to enter without authorisation will be charged an access breach fee of $250 per incident. 5.5 Breach of this policy may also result in suspension or termination of membership, and the member may be responsible for any resulting loss, damage, repair costs or administration fees.

6. PERSONAL BELONGINGS: 6.1 101FITNESS is not responsible for the loss, theft or damage of personal belongings brought onto the premises. 6.2 Members are responsible for keeping their personal belongings safe and secure at all times. 6.3 Open lockers or storage areas are provided for convenience only and are used at the member’s own risk.

 

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B. WEEKLY MEMBERSHIP TERMS

1. WEEKLY MEMBERSHIP FEES AND PAYMENTS: 1.1 Weekly membership fees are determined by 101FITNESS and are subject to change. Notice of any fee changes will be provided in advance where applicable. 1.2 Weekly membership fees are payable according to the agreed payment schedule, such as weekly or fortnightly. 1.3 Weekly membership payments are processed automatically through our payment system using the member’s registered card or bank account. 1.4 Members are responsible for ensuring that their registered card or bank account details are valid and that sufficient funds are available for scheduled payments. 1.5 If a scheduled payment fails, the member must ensure that their registered payment method has sufficient funds available for the next payment attempt or contact 101FITNESS to update their payment details. 1.6 If a scheduled payment fails and remains outstanding from the day after the failed payment, a $3 overdue fee will apply per failed payment. 1.7 Failure to pay weekly membership fees or outstanding amounts may result in suspension or termination of membership and access until the account is brought up to date.

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2. WEEKLY MEMBERSHIP PAUSE: 2.1 Pause requests must be submitted in writing and approved by 101FITNESS before the pause takes effect. 2.2 If a weekly membership pause is approved, a pause processing fee of $10 per month will apply. 2.3 Gym access will be disabled during the approved pause period.

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3. WEEKLY MEMBERSHIP CANCELLATION: 3.1 Members can cancel their weekly membership by providing written notice to 101FITNESS. 3.2 A minimum 4-week cancellation notice period applies to weekly memberships. The cancellation request must be received by 101FITNESS in writing. Once received and confirmed, the 4-week notice period will begin from the member’s next scheduled payment date, not from the date the request was submitted. 3.3 Any scheduled payments that fall within the 4-week cancellation notice period remain payable. 3.4 Members may continue to use the gym during the paid notice period unless their access is suspended due to overdue payments, pause, breach of terms or other operational reasons. 3.5 It is the member’s responsibility to ensure that their cancellation request has been received and confirmed by 101FITNESS.

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4. WEEKLY MEMBERSHIP REFUNDS: 4.1 Except where required under Australian Consumer Law, weekly membership payments are non-refundable for change of mind, non-attendance, failure to use the facility, relocation, change in personal circumstances or dissatisfaction due to personal preference. 4.2 Weekly membership payments that fall within the 4-week cancellation notice period remain payable and are not refundable unless required by Australian Consumer Law or approved by management at its discretion. 4.3 Free, bonus, complimentary or promotional access has no cash value and is not refundable. 

 

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C. UPFRONT MEMBERSHIP AND CASUAL PASS TERMS

1. UPFRONT MEMBERSHIP AND CASUAL PASS CONDITIONS: 1.1 Upfront memberships and casual passes are prepaid fixed-term access products. 1.2 Upfront memberships may include 3-month, 6-month, 9-month or 12-month memberships. 1.3 Casual passes may include 1-week or 1-month passes. 1.4 Upfront memberships and casual passes are valid only for the stated period from the activation or purchase date, unless otherwise specified. 1.5 Upfront memberships and casual passes do not require cancellation notice at the end of the prepaid term.

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2. PAUSE, EXTENSION AND TRANSFER: 2.1 Upfront memberships and casual passes cannot be paused, extended, shared, transferred or refunded for non-use unless approved by management at its discretion or required by Australian Consumer Law. 2.2 Early cancellation of an upfront membership or casual pass does not automatically entitle the member to a refund or partial refund for unused time. 2.3 If an exception is approved, supporting documentation may be required.

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3. REFUND POLICY: 3.1 Except where required under Australian Consumer Law, upfront memberships and casual passes are non-refundable for change of mind, non-attendance, failure to use the facility, relocation, change in personal circumstances or dissatisfaction due to personal preference. 3.2 Unused time, access days or benefits are not refundable unless required by Australian Consumer Law or approved by management at its discretion. 3.3 Free, bonus, complimentary or promotional access has no cash value and is not refundable. 


 

D. PERSONAL TRAINING AND PRIVATE SESSION TERMS

1. PAYMENT, EXPIRY AND TRANSFER: 1.1 Personal training sessions, private sessions, session packages and challenge programs must be paid in accordance with the payment terms agreed at the time of purchase. 1.2 Unless otherwise stated, 10-session packages expire 3 months from the purchase date and 20-session packages expire 6 months from the purchase date. 1.3 Challenge program fees may be paid in fortnightly installments. 1.4 Personal training or private session packages may be transferred to another person only with approval from 101FITNESS. Any approved transfer does not extend the original expiry date. 1.5 Personal training sessions and private sessions do not include gym membership access unless specifically stated at the time of purchase. 1.6 If a challenge program includes gym access, that access applies only for the stated program period and cannot be separated, refunded or converted into cash value.

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2. CANCELLATION, HOLDS AND SESSION USE: 2.1 Cancellation or rescheduling of a booked personal training or private session must be requested at least 24 hours before the scheduled session time. 2.2 Late cancellation, repeated cancellation or no-show may result in the session being forfeited. 2.3 Personal training sessions and private sessions do not include gym membership access unless specifically stated at the time of purchase. 2.4 Sessions may be placed on hold for approved reasons such as injury, medical reasons or extended travel. Supporting documentation may be required.

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3. REFUND AND CANCELLATION POLICY: 

  • 101FITNESS aims to provide quality services and a positive training experience. Refunds for personal training sessions, private sessions, session packages or challenge programs will be handled in accordance with this Refund and Cancellation Policy.

  • Members may request a refund for unused paid sessions, subject to management approval and this Refund and Cancellation Policy.

  • If a refund is approved, the refundable balance will first be calculated based on the unused paid sessions remaining in the relevant package or program.

  • A cancellation fee equal to 10% of the refundable balance will then be deducted from the refundable balance.

  • The final refund amount will be the refundable balance after deducting the 10% cancellation fee.

  • Free, bonus, complimentary or promotional sessions have no cash value and will not be included in any refund calculation.

  • If a package or program has been paid by instalments, any refund will only be calculated based on the amount actually paid by the member, less any used sessions, applicable fees and outstanding amounts.

  • A full refund may be considered in exceptional circumstances, such as death, serious medical circumstances, natural disaster or other exceptional events, at the discretion of management or where required by Australian Consumer Law. Supporting documentation may be required.

  • Nothing in this policy excludes, restricts or modifies any rights or remedies you may have under Australian Consumer Law.

 

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E. PRIVACY, CHANGES AND LEGAL TERMS

1. PRIVACY AND COMMUNICATIONS: 1.1 101FITNESS collects and uses personal information for purposes including membership management, bookings, payments, communication, safety, administration, security and legal compliance. 1.2 101FITNESS handles personal information in accordance with applicable privacy laws, including the Privacy Act 1988 (Cth) where applicable. 1.3 Members are responsible for keeping their contact details up to date. 1.4 101FITNESS may contact members by email, SMS, phone, app notification or other reasonable methods regarding membership, payments, bookings, safety, facility updates, policy updates, access, overdue amounts and service-related matters.

2. AMENDMENTS AND MODIFICATIONS: 2.1 101FITNESS reserves the right to modify or amend these Terms and Conditions at any time. 2.2 Notice of material changes will be communicated to members in advance where reasonably possible. 2.3 Continued use of 101FITNESS facilities, memberships, passes, programs, packages or services after changes take effect may constitute acceptance of the updated Terms and Conditions.

3. SUSPENSION OR TERMINATION: 3.1 Failure to comply with these Terms and Conditions may result in a warning, access restriction, suspension or termination of membership. 3.2 101FITNESS may suspend or terminate a membership, pass, package, program or access if a member breaches these Terms and Conditions, fails to pay outstanding amounts, repeatedly fails scheduled payments, engages in unsafe or inappropriate behaviour, allows unauthorised access, misuses the facilities or damages equipment or property. 3.3 Termination due to breach does not automatically entitle the member to a refund.

4. GOVERNING LAW AND AUSTRALIAN CONSUMER LAW: 4.1 These Terms and Conditions are governed by the laws of Victoria, Australia. 4.2 Any disputes arising out of or in connection with these Terms and Conditions will be subject to the jurisdiction of the courts of Victoria, Australia. 4.3 Nothing in these Terms and Conditions excludes, restricts or modifies any rights, guarantees or remedies you may have under Australian Consumer Law.

5. ACKNOWLEDGEMENT: 5.1 By becoming a member, purchasing a pass, package or program, signing up for a service, or using 101FITNESS facilities or services, you acknowledge that you have read, understood and agree to these Terms and Conditions.

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