TERMS & CONDITIONS

Updated from time to time

A message from the owner: Paul.

       

        Hey guy's, over the years I've noted the most common queries people have about a gym, you'll see I've highlighted them in green. If your still looking after the green bits, read the white bits. If your still unsure, flick me an email and I'll do my best to help you out. 

My Kindest & Most Sincere Regards

                 Paul - paul@ttfkickboxing.com

TOTAL TONING FITNESS Pty Ltd

Trading as TTF

ABN - 20 155 303 585

ACN - 155 303 585

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.

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.

Bookings: Cancellations & No Show Policy

  1. Minimum of 12 hours notice on any bookings to avoid short notice cancellation charges. 

  2. No Show's on any booking will also incur a fee.

  3. In certain circumstances TTF may/may not refund/credit you you these fees.

  4. Rates & fee's change from time to time, refer to TTF management for the current.

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).

ONLINE SIGN UP'S: 

  1. Before commencing training at TTF persons who sign up online are required to complete hard copy forms of Direct Debit Request forms (DDR), Contract Of Engagement (COE) at reception on first gym visit. 

  2. In the event you fail to sign hard copy's, 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.

LOCKED IN MEMBERSHIPS: 

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

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

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 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. 

PAUSE/CANCEL POLICY (previously suspend/cancel): 

  1. Please kindly refer to the pause/cancel form found on TTF's website. Memberships remain active & accounts debited until you return the completed form to TTF.

  2. Locked In memberships please refer to lock in disclosure statement.

REFUND POLICY: 

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

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

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

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

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

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

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

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.

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.

  7. Cancellation fee: 12 hours notice.

  8. 12 months validity.

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. 

General

  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.

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. $20 fee applies. 

  4. Entry to the Premises may be refused or revoked 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 a term of these Terms or the Contract of Engagement.

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. 

Monday 5.00am – 10pm.

Tuesday 5.30am – 9pm.

Wednesday 5.00am – 10pm.

Thursday 5.30am – 9pm.

Friday 5.30am – 9pm.

Saturday 7:00am – 11:00am.

Sunday – 7:00am - 11:00am.

    2. 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). 

    3. 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.

    

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

PRIVACY POLICY

 

Total Toning Fitness Pty Ltd ABN 20 155 303 585and its successors and assigns (we, us or our) is covered by the 13 Australian Privacy Principles (APPs) as set out in the Privacy Act 1988 (Act) (as amended from time to time). For the purpose of this Policy:

 

“Personal Information” means information, including financial information, or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is in a material form or not.

 

“Sensitive Information” means information or an opinion (that is also Personal Information) about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual practices, criminal record or health information.

Surveilance Cameras

Cameras are fitted throughout the gym to assist management in break-in's, anti-theft, injury reviews, insurance claims, staff training's & third party businesses whom hire out TTF from time to time such as sporting clubs and RTO's (recognized training organisations). Cameras in training rooms can at times include audio, but only pick up loud yelling as done by the cuing trainer. We use the audio to improve the quality of the trainers cues when he/she conducts classes which helps us to continually improve the quality of our service and the trainers efforts thus improving your overall gym experience. All trainers appreciate the opportunity to watch back there own classes and learn about areas were they can improve.

 

If you have any concerns about this quality control measure you need to express your concern to TTF management so we can suggest alternative arrangements for you

 

We recognise the importance of protecting your Personal Information. We will take reasonable steps to ensure all Personal Information held by us is secure and all Personal Information collected, used or disclosed by us is accurate, complete and up to date. Our handling of Personal Information is regulated by the Act.  

 

This Policy is published on our website and may be updated from time to time at our discretion.  By continuing to use our website, or otherwise continuing to deal with us, you accept this Policy as it applies from time to time. You may request a hard copy of this Policy.

 

Types of Personal Information

Depending on the particular circumstances, we may collect and hold a range of different Personal Information about you. This may include, but is not limited to, your name, date of birth, contact details (including address, image, medical condition and history, email address and telephone number), driver’s licence number, credit related information, internet protocol address, server address, domain name and payment, transaction and financial information (such as credit card or bank account numbers).

 

Sources of Personal Information

Where possible, we will collect Personal Information directly from you.  In some instances, we may collect Personal Information from other sources such as third parties, publically available sources, press reports or other publications, in which case, we will endeavour to verify such details with you.

 

We acknowledge that there is no obligation for you to provide us with Personal Information except as required by law.  However, if you choose not to provide us with certain Personal Information, we may not be able to deal with you or provide you with our full range of services or employment.

 

We collect Personal Information in a number of ways, including but not limited to, directly from you when you engage us to provide you with services, set up an account with us, enter into a credit arrangement with us and when you browse our website or social media pages. If you apply for employment with us, we may collect Personal Information about you from any third parties that you nominate as your referees and you consent to us obtaining Personal Information about you from third party sources such as social media sites.

 

Purpose for Use and Disclosure

The purpose for which we use and disclose Personal Information will depend on the circumstances in which it is collected. We will only hold your Personal Information for the particular purpose of for which we collected it (Primary Purpose).

 

​We will not use or disclose your Personal Information (not being Sensitive Information) for another purpose (Secondary Purpose) unless:

  • we first obtain your consent;

  • you would reasonably expect us to use or disclose it for a Secondary Purpose that is related to the Primary Purpose or (in the case of Sensitive Information) directly related to the Primary Purpose;

  • we are required to by law;

  • a permitted general purpose exists;

  • a permitted health situation exists;

  • we reasonably believe it is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body (for example, to comply with occupational health and safety, industrial relations and taxation laws).

     

Specific purposes for which we may use or disclose Personal Information include the purposes of providing you with services, dealing with customer care related activities, marketing and developing our services including by using your image (still or in video form) in promotional videos and images, the operation and administration of accounts, carrying out certain checks (for example, in relation to credit), considering an individual for employment, interacting with companies or organisations with whom we have a business relationship, complying with our obligations under agreements with third parties and carrying out any activity in connection with a legal, governmental or regulatory requirement that we have to comply with, or in connection with legal proceedings, crime or fraud prevention, detection or prosecution.

 

In the event we collect Sensitive Information about you, you consent to us collecting, using and disclosing the Sensitive Information for the purpose for which it was disclosed and as permitted by the Act and other relevant laws.

 

Overseas Recipients

It is not likely that we will disclose Personal Information that we collect and hold about you to any overseas recipients (as defined in the Act).

 

Anonymity and Pseudonymity

You can deal with us anonymously (without identifying yourself) or under a pseudonym (fictitious name) unless you are applying for credit from us, applying for employment with us, dealing with us in relation to the provision of services or in any other situation where it is impractical or unlawful to deal with you anonymously or under a pseudonym.

 

Storage of Personal Information

All Personal Information collected by us will be retained as part of our business records, which will be securely monitored and maintained. We hold Personal Information in a number of ways, including:

  • as part of customer records and other electronic documents on which Personal Information is contained which are stored on our information technology systems and servers operated by third parties who provide services to us in connection with our business; and

  • by securely storing hard copy documents on which Personal Information is contained, at our various premises and using third party document management and archiving services.

 

Retention of Personal Information

If we receive Personal Information where we have not taken any steps to collect such information, then within a reasonable time we will decide whether we could, under the APPs, have solicited that Personal Information ourselves. If we determine that we would not, under the APPs, have been permitted to solicit the Personal Information, we will as soon as practical (where lawful and reasonable to do so) destroy or de-identify that unsolicited Personal Information. If we could, under the APPs, have solicited the Personal Information then we may use and disclose the Personal Information for the purpose for which it was disclosed and as permitted by the Act and other relevant laws.

 

Where Personal Information held by us is no longer required to be held, and its retention is not required by law, then we will destroy such Personal Information by a secure means.

 

Access to Personal Information

You can gain access to your Personal Information, subject to certain exceptions contained in the Act.  To request access to your Personal Information, or to update or correct that Personal Information, please send a written request to either 233A Henley Beach rd Torrensville SA 5031 or ttfkickboxing@gmail.com (Contact Address). We will check the identity of individuals making requests to determine within 14 days whether the request will be met.

 

Direct Marketing

We may send you marketing communications in line with your previously expressed marketing preferences or as otherwise permitted under the Act and other relevant laws. If you do not wish to receive such communications, please contact us via the Contact Address or follow the opt-out instructions contained in each marketing communication.

 

Compliance

If you are concerned that the way in which we collect, hold, use or disclose your Personal Information may be in breach of the APPs, please send written details of your complaint to the Contact Address.

 

After receiving a complaint, we will conduct internal discussions and evaluate whether we believe that such collection, holding, use or disclosure of your Personal Information was in breach of the APPs. We will endeavour to notify you of the results of our investigation of your complaint within 30 days of receiving your complaint. However, if your complaint involves complex issues or requires extensive investigation, it may not be possible to respond within this timeframe. If the conclusion of our investigation is that our collection, holding, use or disclosure of your Personal Information was in breach of the APPs, we will take steps to remedy the breach as soon as reasonably practicable. If after dealing with us you are still not satisfied, you are entitled to make a complaint to the Office of the Australian Information Commissioner (www.oaic.gov.au) or the Financial Ombudsman Service (www.fos.org.au).