Updated Terms & Conditions including 24 Hour Gym Use
1. INTRODUCTION
1.1. These terms bind Nicsand Investments Pty Ltd (ACN: 641 516 458) as trustee for Sandland Family
Trust (ABN: 73 963 355 266) (we/us) and you.
1.2. These terms and conditions apply to our Membership Product (Membership), Group Classes (Group Classes), and Personal Training Sessions (PT Sessions) (collectively and individually known as the Services).
1.3. By purchasing and/or using our Services you agree to be bound by these terms regardless of whether you have signed them or not.
1.4. If you do not agree with our terms and conditions, please do not use our Services.
1.5. We may amend these terms and conditions at any time by providing 7 days notice to you by displaying the new terms at the front counter of the Studio located at 58 Ayr Street, Jamestown SA 5491 (Studio). Should you continue to use our Services after the 7 days notice has passed, it shall be implied that the new terms have been accepted by you.
​
2. MEMBERSHIP GENERAL PRINCIPLES
2.1. The Membership can be purchased for the price displayed on our website or advised by us from time to time (the Membership Fee)
2.2. The price of the Membership Fee is subject to change from time to time in our absolute discretion.
2.3. If we increase the Membership Fee, we shall advise you prior to the next payment due date.
2.4. In exchange for payment of the Membership Fee:
2.4.1. We shall grant you on the terms and conditions contained within this agreement the ability to utilise the space and
equipment within the Studio.
3. PAYMENT
3.1. We charge all Memberships by Direct Debits that are processed automatically by our payment provider. Our payment provider is currently Stripe. We do not store your payment details outside of our payment provider Stripe and our Studio
management software Xplor Studio. You authorise and direct us to provide your information to Stripe to carry out the Direct Debit.
3.2. You are to make your Direct Debit for the relevant time in advanced of the time of access. You are responsible to:
3.2.1. Ensure that the correct details for the Direct Debit are supplied to us;
3.2.2. Ensure that the details provided for the Direct Debit are up to date at all times; and
3.2.3. Ensure that there is sufficient funds or credit available for the Direct Debit to be processed.
3.3. In the event of a dishonoured payment, we reserve our right to pass on our costs in rectifying the dishonoured payment to you, including fees that we are charged by third parties and our own admin expenses in rectifying the dishonoured payment.
3.4. Direct Debits shall continue until cancelled by you or us pursuant to this agreement.
3.5. Group Classes and PT Sessions booked via the Xplor Studio App are processed via Stripe. You authorise and direct us to provide your information to Stripe process the payment.
4. PERSONAL INJURY
4.1. The use of Studio facilities can put you at risk of personal injury, prior to commencing any use of the Studio facilities we strongly recommend that you consult a medical professional.
4.2. We may request that you sign a waiver for personal injuries and complete a health questionnaire.
5. ACCESS
5.1. Our staff may only be present at the Studio during the hours published on our website or social media and may vary from time to time based on demand and staff availability (Staffed Hours).
5.2. We will issue you an access code (Access Code) which enables you to access the Studio outside our Staffed Hours.
5.3. If you forget your Access Code you must contact the Studio during our Staffed Hours to be issued a new Access Code.
5.4. You must not:
5.4.1. ask another member to let you into the Studio;
5.4.2. access the Studio using another member’s Access Code;
5.4.3. share your Access Code with any other person; or
5.4.4. let anyone else into the Studio outside Staffed Hours without our approval. If you do, we may suspend or cancel your
Membership.
5.5. PT Sessions are only available with a booking.
5.6. Group Classes are only available during the published hours and spaces are limited within these classes.
5.7. We use our best endeavours to ensure that our Services are available during the published or booked hours; however, from time-to-time factors outside of our control may see us closed inside of these hours.
5.8. We reserve the right to limit the number of users within the Studio to ensure a quality and safe experience for all Studio users. The following order of preference shall apply:
5.8.1. PT Sessions;
5.8.2. Group Classes; and
5.8.3. Memberships.
5.9. When accessing to use your Membership, you are required to prove that you have current membership upon by scanning the QR code within the Xplor Studio App upon arrival at the studio.
5.10. We may, acting reasonably, close the Studio and suspend the Services from time to time, for example, for cleaning, due to an emergency, if required by law or to refurbish or relocate the Studio.
​
6. CANCELLATION
6.1. With respect to Memberships:
6.1.1. You may cancel your Membership at any time by writing to us with the cancellation be effective from your next Direct Debit date.
6.1.2. We may cancel your Membership if:
(a) We cease offering Memberships;
(b) You breach the Studio Rules;
(c) You fail to make the required Membership Fee payment; or
(d) Your Membership causes in our absolute discretion a risk to yourself or others.
6.2. With respect to Group Classes:
6.2.1. We may cancel the class if their less than 4 participants or for any other reasons acting reasonably.
6.2.2. You are required to provide us at least 8 hours notice to cancel any class booking.
6.3. With respect to PT Sessions:
6.3.1. We may cancel for any reasons acting reasonably (i.e., due to staff illness).
6.3.2. You are required to provide us with at least 8 hours notice to cancel your booking.
7. STUDIO RULES
7.1. You agree to:
7.1.1. Wipe down equipment with the antibacterial wipes;
7.1.2. Putting equipment away and Studio safe for all users;
7.1.3. Removing weights from equipment and stack them appropriately;
7.1.4. Allow priority for personal training and group fitness classes;
7.1.5. Bring water and a towel;
7.1.6. Operate equipment safely and only for its intended use;
7.1.7. Not overuse an individual piece of equipment when there is no spare available for other Studio users;
7.1.8. Being respectful of other users and staff within the Studio;
7.1.9. Respect the Studios equipment, facilities and property;
7.1.10. Book and undertake an induction as emailed to you following commencing your membership;
7.1.11. Reporting damaged equipment to staff;
7.1.12. Report any injuries of yourself or others to staff;
7.1.13. Not take photos or videos of others within the Studio without their prior consent;
7.1.14. Reporting dangers and hazards to staff; and
7.1.15. Unless in the event of a danger, damaged equipment, injury or hazard within the Studio not to interrupt staff undertaking group fitness and personal training sessions.
8. Video and Audio Surveillance
8.1. We use video and audio security equipment to monitor the Studio 24 hours per day (except in the bathrooms or changerooms).
8.2. You acknowledge and agree that by entering the Studio or using our Services you will be subject to video and audio surveillance and recording.
9. UNDER 18 WITHIN STUDIO
9.1. We reserve the right to set age limits for Group Classes.
9.2. Users must be a minimum of:
9.2.1. 13 for teen classes Group Classes;
9.2.2. 16 for all other Group Classes; and
9.2.3. 16 for Memberships.
9.3. Where a user under the age of 18 uses our Services, they must:
9.3.1. Do so with the expressed consent and permission of their parent(s)/guardian;
9.3.2. Have their parent(s)/guardian execute this Agreement and any required documentation on their behalf; and
9.3.3. Have their parent(s)/guardian accept all risks and liabilities on their behalf.
9.4. For the avoidance of doubt, the parent(s)/guardian of any user of the Studio under the age of 18 accept all risks and liabilities on their behalf to the maximum extent permitted by law.
9.5. We reserve the right to prohibit anyone under the age of 13 in the Studio to ensure the safety and comfort of Studio users.
​
10. PERSONAL PROPERTY
10.1. We cannot ensure a safe environment for your property free from theft. We recommend that you only bring items essential for your use of our Studio.
10.2. We accept no liability for stolen, lost, damaged or misplaced items whilst using our Services.
10.3. Should you become a victim of theft, please report this to us.
11. GENERAL PRINCIPLES
11.1. When a dispute arises between us you agree to comply with our dispute resolution process. To this end a party with a complaint against the other is first required to notify the other of the dispute by giving written notice specifying the nature of the dispute, the outcome required and the action believed necessary under the circumstances that will assist both in settling the dispute.
11.2. Each party will in good faith attempt to resolve the dispute by negotiation in the first instance with the costs to be split between the parties.
11.3. This agreement is governed by the laws of South Australia.
11.4. Any term that is found to be unenforceable is to be severed from this agreement with the remaining provisions still in full force.