Terms of Trade

1. These Terms will apply to every provision of services by the Supplier.  Unless expressly accepted in writing by the Supplier, any qualification of these Terms contained in any document issued by the Customer shall be of no force or effect.  These Terms, together with the Contract of Engagement, constitute the entire agreement between the Supplier and the Customer and no variation of or addition to these Terms will be binding unless reduced to writing and signed by the Supplier and the Customer or where these Terms are updated on the Supplier’s website.

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Definitions

1. Australian Consumer Law means Schedule 2 to the Competition and Consumer Act (as amended or replaced from time to time);Competition and Consumer Act means the Competition and Consumer Act 2010 (Cth) (as amended or replaced from time to time);Contract of Engagement means the contract of engagement entered into between the Customer and the Supplier, pursuant to which the Supplier agrees to supply the Services on these Terms; Customer means the party who enters into these Terms with the Supplier, for the supply of services from the Supplier to the Customer; Membership means any form of membership held by the Customer (until such time as it is terminated, including where the Customer is not actively using the Membership) in respect of its attendance at, or use of, the Supplier’s Premises; Premises means a premises at which the Supplier provides gym, fitness, training and/or related services. Services means the use of the Supplier’s Premises (including equipment and any activities conducted at the Premises), and any other services supplied by the Supplier to the Customer pursuant to these Terms; Supplier means Total Toning Fitness Pty Ltd ABN 20 155 303 585; and Terms means these terms of trade.

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Payment

1. The Customer/member must make payments to the Supplier (TTF) for the Services in the amount and at the times stated by TTF contracts.

2. TTF uses a direct debit provider to manage your payments. Fee's for this service are passed onto you and change from time to time. Email management at anytime to find out current rates.

3. The Supplier reserves the right to pause or cancel the Membership and the supply of further Services if the terms of payment are not strictly adhered to by the Customer, or if the Customer is in breach of any provision of these Terms or the Contract of Engagement. All costs and expenses incurred by the Supplier in recovering any outstanding money (including, without limitation, debt collection agency fees or lawyer’s costs on a solicitor-own client basis) shall be paid by the Customer. 

4. Public holidays & Christmas holiday periods; Refer to trading hours point two (2).

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ONLINE SIGN UP'S: 

1. Before commencing training at TTF persons who sign up online are required to complete all nessecary forms requested by TTF. 

2. In the event you do not complete our forms you are not exempt from any term or condition of TTF.

3. All person's who have signed up online are automatically bound by full terms and conditions of Total Toning Fitness.

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LOCKED IN MEMBERSHIPS: ​​

1. By accepting the terms and conditions of  TTF you accept the TTF Locked In Disclosure Statement.

2. "Locked in disclosure statement" governs locked memberships and is available online or in person anytime.

3. If you cannot find the disclosure statement for any reason, you can request it from TTF at any time.

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PROMOTIONS: 

1. ​Any discount or promotion resets to full rates & ongoing once expired unless stated otherwise.

2. For clarity; if no expiry date has been given, 24 hours post advertisement is the expiry.

3. Redemption period is at managements fair & reasonable discretion.

4. Standard T's & C's apply to all promotions.

5. Promotions are once off and you do not get the promotion at an ongoing rate.

6. You cannot suspend/pause/freeze or hold promotions.

7. There are no refunds on promotions.

8.  If any joining or other fees are waived or reduced, then should you cancel and return one day in the future, we are not obliged to offer you the same deal a second time & full rates will apply.

9. Raffles & giveaways: Consumers have 14 days to contact TTF & redeem prizes/raffles/giveaways or similar followed by a 12 month validity period to actually use unless otherwise stated. 

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PAUSE/CANCEL POLICY: 

1. ​Please kindly refer to the pause/cancel form found on TTF's website.

2. Memberships remain active & accounts debited until completed/returned.

3. Locked In memberships shall please refer to lock in disclosure statement.

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REFUND POLICY: 

1. No refund/compensation due to but not limited to government forced closures or business insolvency etc.

2. With-in a fair and reasonable scope; We will refund you if our services fail to meet what we advertised.

3. No refunds if you have failed to follow our pause/cancel policy.

4. There will be no refunds if you have failed to use the services (if you are paying - we expect you to attend).

5. No refunds on unused gym fees, past or future.

6. At our discretion; We may offer gym credits as a gesture of goodwill (any amount we feel fair & reasonable). 

7. PLEASE assume responsibility for your debits, we will only ever debit you as you ask us to.

8. We are not required to refund you if you fail to follow any of our terms & conditions. 

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Cost Recovery: 

1. Any expenses, costs or disbursements incurred by the Supplier in recovering any outstanding monies owing by the Customer, including, without limitation, debt collection fees and solicitors costs (on a full indemnity basis), shall be paid by the Customer.

2. $20 key tag replacement if lost, stolen, damaged or not returned.

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PERSONAL TRAINING SESSIONS:

1. Mixing trainers is recommended.

2. Buy, book, cancel via portal. (Booked sessions are auto-deducted from purchased balance. Remove booking before scheduled start time if it needs to be cancelled).

3. Trainer's may change without notice. (staff sick or emergencies)

4. Please leave us notes when you book.

5. Log measurements/tests in portal.

6. PT programs available upon request.

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Cross promotions with external providers: 

1. Applicable T's & C's of TTF apply to cross promoting businesses & participants of the cross promotion.

2. Cross promoting businesses MUST seek clear understanding of promotion wording from TTF.

3. Businesses who incorrectly advertise TTF's intended involvement/offers to the general public voids TTF of all liability, Thus the promoting business/person shall assume the responsibility to provide the goods & or services it promised to the participants involved.

4. If the business cannot facilitate the offer, consumers may contact TTF to negotiate at the discretion of TTF.

5. In this event; Original written advice of the promotion will be provided by TTF were appropriate. 

6. Raffles & giveaways: Consumers have 14 days to contact TTF & redeem prizes/raffles/giveaways or similar followed by a 12 month validity period to actually use unless otherwise stated. 

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MEDIA RELEASE:

1. Disclosure Statement: During your time at TTF you will be filmed/featured for camera recorded videography/photography content for promotional purposes of TTF.

2. The content will be published on the internet promoting TTF for global viewing.

3. Any content recorded remains the property of TTF during & after your time with TTF.

4. TTF only ever uses content in a professional & appropriate manner suited to the health & fitness industry.

5. it is your responsibility to make us aware if you do not wish to participate so we can make alternative arrangements for your training when such recordings are in progress.

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General

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1. Never attempt a movement if you are not 100% able to perform it correctly. You are responsible for communicating your inabilities or discomfort to staff & requesting more training.

2. TTF classes are for persons without medical or rehabilitative limitations.

3. Medical or rehabilitative limitations may only be managed by us during 1on1 perosnal training NOT classes. 

4. If you have limitations, you must provide TTF with evidence of your limitation and assume ultimate responsibility of your limitation. 

5. Your limitation evidence provided does not mean that TTF is responsible for managing your limitation. Rather, it would be passed onto ambulance/medical officers in case of an emergency.

6. If your limitations are self managed and you choose not to advise us, that is at your discretion and your ultimate responsibility.

7. The Customer must, at all times whilst on the Premises:

8. wear fully enclosed sports shoes, and satisfactory clothing (being shorts, pants, t-shirts, singlets or other attire suitable for physical activity) that does not contain any offensive image or text;

9. behave in a respectful manner towards all persons at the Premises, including other members, guests, trainers and staff;

10. not smoke, drink alcohol or use drugs;

11. seek assistance from the Supplier’s staff, trainers or instructors prior to using any equipment (for the first time) at the Premises;

12. allow instructors and trainers to have priority access to all facilities and equipment, where required for their classes or training sessions;

13. use a towel during all classes and workouts, to maintain good hygiene standards; and abide by "NO GYM NO TOWEL" motto.

14. follow all equipment operating and safety instructions, and all instructions of staff and trainers. Whilst you are with TTF in any of the following capacities –

15. Whilst you are with TTF in any of the following capacities Trialing/Paying/Suspended or Cancelling, you are required to follow this contract of engagement at all times. Should you request it, management of TTF can provide you with your signed copy for your records.

16. You are required to provide us with your most current contact details (email/phone) as you update them from time to time. This is to ensure we can keep you up-to date in writing with including but not limited to: any changes in the gym, payments, billing issues, promotions, policy updates. in the event you have not done so and we are unable to contact you in writing via email/phone regarding such issues, TTF is released from all liabilities, and you will be required to strictly adhere to the original contact we made to you (even if you didn't receive it, it was your responsibility to update your details with us). You will still be bound by Total Toning Fitness terms of trade, terms and conditions, privacy policy & contract of engagements.

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Access

1. The Customer must present its Membership card/key tag (if issued) or other form of identification acceptable to the Supplier upon entry to the Premises each visit, and upon request by an employee, agent or contractor of the Supplier.

2. Replacement cards/tags will be issued by the Supplier at an additional cost of $20.00 per card/tag payable by the Customer.

3. Key Tags: Return to staff during open hours or secure drop box on gyms front door after hours within 7 days of cancelation date. Fee applies if not returned in working order.. 

4. Entry to the Premises may be refused, revoked or cancelled if:

5. the Customer has unpaid or outstanding Membership fees;

6. the Customer does not present its Membership card/tag (if issued) or other proof of identification and Membership as is acceptable to the Supplier;

7. an employee, agent or contractor of the Supplier considers (in its absolute discretion) that the Customer is under the influence of drugs, alcohol or any other substance that may impair the Customer’s ability to safely use the Premises or where the Customer poses a risk to the safety of other persons at the Premises;

8. the Customer behaves in an offensive manner or uses abusive or threatening language; or

9. the Customer fails to comply with any term or condition of TTF.

10. the customer becomes overly argumentative, continually unsatisfied, alternative arrangements non-satisfactory, upon these exhausted avenues, your membership may be cancelled/credited if we feel our service cannot serve your needs.

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Trading Hours (subject to change)

1. The opening hours of the Premises are as follows: Any other advertised "coming soon" hours must be always confirmed with management before assuming the accuracy. 

2. Kindly refer to our timetable for specific class times & trading hours.

3. TTF Closed date's: (TTF Closes for Christmas Holiday period & Public Holidays)

         We maintain your direct debit rate over closed dates for seamless flow & a uninterrupted booking service.

         We offset closed dates charges by reducing regular debits during the year by approximately $1.50pw.

         You can elect not to be charged over closed dates by paying a higher regular rate. Relative.

         (approx $1.50 per week). 

 

   4.  Classes can be between 30 & 90 minutes most classes are generally 45 minutes each and will be held at per             the advertised times found on this website.

    

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Safety, Maintenance and Demand Changes

1. from time to time, the Supplier may be required or decide to make changes to the operation of the Premises, which may include:

2. changing the opening hours, or time or frequency of classes;

3. changing the availability of facilities, equipment or services within the Premises;

4. closing off part of the premises or equipment for maintenance of safety reasons;

5. changing conditions of entry of other terms of these Terms.

6. Where the Supplier effects any of the changes detailed above, it will provide reasonable notice at the Premises.

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Termination of Membership

1. The Supplier may at any time by written notice to the Customer terminate the Customer’s Membership and its obligation to supply Services to the Customer upon the Customer failing to comply with these Terms or the terms of the Contract of Engagement which includes excessive or rude behaviour towards other members or staff inline with our terms & conditions..

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Storage compartments

1. Storage compartments are available for the storage of personal items, upon request and at no extra charge.

2. The storage compartments are not security devices and are not capable of being locked.  The Supplier recommends all valuables be kept on the Customer’s person, or left off the Premises, at all times.

3. The Supplier and its agents, contractors and employees are not responsible for any loss of or damage to the Customer’s personal items.

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Lost Property

1. Any property left on the Premises will be kept at reception for two weeks.  If it is not claimed within that period, it will be donated to charity or otherwise disposed of.

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Contractors:

1. The Customer acknowledges and understands that the Supplier engages independent third party contractors (Contractors) to provide classes and training service, and that the Customer will be engaging directly with those Contractors from time to time and may be required to complete joining or consent forms prior to undertaking any classes or training with Contractors.

2. To the extent permitted by law, the Supplier will not be liable for any loss, damage or injury suffered whilst the Customer is participating in any TTF classes, services or training sessions run by contractors.

3. It is the Customer’s responsibility to discuss with the Contractors any injuries or pre-existing conditions that may affect their ability to participate in a class, trainings & or services prior to starting.  This will allow the Contractor to arrange any necessary alterations to the class, training or service.

4.  In using the services, you acknowledge that Total Toning Fitness Pty Ltd is not liable for loss or damage sustained by you whilst participating in the Contracted Trainers classes, trainings or services.

5. You MUST sign Contractors joining forms upon undertaking Trainers specialised services (excluding kickboxing classes)

6. You are entering these premises at your own risk, Total Toning Fitness Pty Ltd cannot be held liable for loss or damages.

7. Please respect your trainers and training partners at all time whilst on the property & understand that all TTF trainers have right of way on all equipment.

8. YOU MUST- seek advice from our Contracted Trainers or TTF management before you commence with any equipment.

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Limitation of liability

1. Subject to the remainder of this clause 11, the Customer enters and uses the Premises at its own risk and the Supplier offers no guarantee or warranty in respect of the Services it supplies to the Customer, and all representations, conditions and warranties of any nature made in relation to the Services are expressly excluded from these Terms and shall not bind the Supplier.

2. To the extent permitted by law, where the Supplier becomes liable to the Customer in any manner for any breach of any condition or warranty expressed or implied in relation to the supply of Services to the Customer,  the Supplier’s liability will be limited, at the Supplier’s sole discretion to either:

3. the supplying of the Services again; or

4. the payment of the cost of having the Services supplied again.

5. To the extent permitted by law, the Customer releases and indemnifies the Supplier and its officers, employees, consultants and agents from and against all actions, claims, proceedings and demands (including those brought by third parties) which may be brought against it or them, whether on their own or jointly with the Customer and whether at common law, under tort (including negligence), in equity, pursuant to statute or otherwise, in respect of any loss, death, injury, illness, cost or damage arising out of or in relation to any breach by the Customer of any warranty provided by it under these Terms or by law.

6. To the extent permitted by law, the Supplier will have no liability to the Customer however arising, including, without limitation, under any cause of action or theory of liability, in respect of special, indirect or consequential damages, loss of profit (whether direct or indirect) or loss of business opportunity, arising out of or in connection with these Terms.

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Privacy

1. The Supplier will collect, store, use and maintain the Customer’s personal information in accordance with the Privacy Policy published on its website from time to time.

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Indemnity

1. The Customer shall keep the Supplier indemnified against all costs, claims, demands, expenses and liabilities of whatsoever nature, including, without limitation, claims of death, personal injury, damage to property and consequential loss (including loss of profit) which may be made against the Customer or which the Customer may sustain, pay or incur as a result of or in connection with the manufacture, sale, export, import or use of the goods or use of the services unless such costs, claim, demand, expense or liability shall be directly and solely attributable to any breach of contract or guarantee by, or negligence of, the Supplier or its duly authorised employee or agent.

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Severability

1. The whole or any part of a clause of these Terms shall be capable of severance without affecting the rest of these Terms.

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Governing Law

1. These Terms shall be governed by the laws of the State of South Australia (excluding its conflict of laws provisions) and the Customer must submit to the non-exclusive jurisdiction of the courts of or exercising jurisdiction of that State and the Customer waives, without limitation, any claim or objection based on absence of jurisdiction or inconvenient forum.

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Waiver

1. If the Supplier elects not to exercise any of its rights arising as a result of a breach of these Terms, that will not constitute a waiver of any rights of the Supplier relating to any subsequent or other breach.

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Force Majeure

1. The Supplier will not be in breach of any contract with the Customer where it results from any act, matter or thing beyond the reasonable control of the Supplier.

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