TERMS AND CONDITIONS OF PREPARE 2 PERFORM PROGRAM
Welcome to Axis Performance. To ensure that Axis Performance is able to provide a safe and comfortable environment for all members, visitors and staff please assist us by ensuring that you comply with the following conditions. We advise you to only sign the agreement or terms of entry to the program if you understand and agree with these conditions. The information outlined in these terms and conditions can / will be used in the event of a discrepancy. Please ensure that you read the following information carefully.
1. INTRODUCTION By signing the agreement you are agreeing to have been given a copy of this agreement and agree to abide by the rules of access to the online programming. You also acknowledge and agree that you are medically sound to undertake fitness services provided by Axis Performance via TeamBuildr; you use the services and or programs at your sole risk and responsibility. Security of Information I understand that as a visitor or member to Axis Performance that any information obtained by Axis Performance employees or contractors is intended solely for myself as the individual enquirer and is based on the information that I have provided as the enquirer. The copying, sharing or distribution of any information obtained by me as a visitor or member regarding Axis Performance and its services is strictly prohibited and unauthorised. Breaching these terms may result in legal action. Axis Performance may refuse use of services to any person at any time and at its own discretion, particularly individuals that may be obtaining information in an unauthorised manner. 2. DEFINITIONS In this Agreement unless the contrary intention appears: a. The singular includes the plural and vice versa. b. A reference to a party includes that party’s legal personal representative heirs and assigns. c. “Member” includes the parent or guardian of the Member if the Member is under 18 years. d. “Axis” means the Axis Performance facility named in the form of the agreement e. “MindBody” is MindBody Pty Ltd, 64-76 Kippax Street, Suite 201, Surry Hills, NSW 2010, Australia, Phone:1800 082 989, Email: info@mindbodyonline.com All queries and comments about the services provided under this Agreement should be directed to the Axis Performance Facility. The Member acknowledges that MindBody has been engaged by the Club to collect the fees due under this agreement if paying by way of direct debit. 3. CHILDREN Children aged 8-14 (inclusive) must have a fully completed personal details form, parent consent form and signed wavier prior to commencement of services. . 4. COACHING SERVICES are available for use in Axis Performance for an additional fee. Please contact your facility for more information or visit our website axisperformance.com.au for more information. Please note only authorised Axis Performance Coaches are permitted to train members in Axis Performance locations. 5. USE OF EQUIPMENT For the safety of yourself, your workout environment must be a safe and free from any obstructions to avoid any personal injury, please follow all equipment operating and safety instructions from your coach. If you are not sure of correct use or operation of equipment please seek assistance from an Axis Performance team member. 6. MEMBERSHIP/SERVICE a. Entitlements- Membership at Axis Performance entitles you to: Access the Performance services in accordance with your one-off payment of $19.95 membership type and its terms. b. CHANGES TO CONDITIONS – Axis Performance reserves the right to change the conditions contained the product description by providing you with one month advance written notice of any changes. 7. SAFETY, MAINTENANCE & SERVICE DEMAND From time to time Axis may be required to make changes to the operation of the premises, these may include: 1. Changing the operating hours to suit demand or due to government regulations. 2. Changing the availability of staff for support within the facility due to government regulations. . 8. SUSPENSION Suspension is not available for the Prepare 2 Perform Program. The Program duration will be in accordance with product description. Axis Performance reserves the right to change the conditions contained the product description by providing you with one month advance written notice of any change 9. ENTIRE AGREEMENT This Agreement, and the DDR Service Agreement (if paying by Direct Debit) constitute the entire agreement, understanding and arrangement (express and implied) between the Member, Axis Performance and MindBody relating to the subject matter of this Agreement and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral. 10. FAIR TRADING ACT 1999 Warning under the Fair Trading Act 1999 a. If you participate in these activities your rights to sue the Supplier under the Fair Trading Act 1999 if you are killed or injured because the activities were not supplied with due care and skill or were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in or on this notice/appointment. NOTE: The change to your rights, as set out in or on this notice, does not apply if your death or injury is due to gross negligence on the supplier’s part. “Gross negligence” is defined in the Fair Trading (Recreational Services) Regulations 2004. b. Under the provisions of the Fair Trading Act 1999 several conditions are implied into Membership Agreements for the supply of certain goods and services. These conditions mean that the supplier named on 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 is expected to achieve any result you have made known to the supplier. Under section 32N of the Fair Trading Act 1999, 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 their 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 gross negligence on the supplier’s part. “Gross negligence” is defined in the Fair Trading (Recreational Services) Regulations 2004.