Terms & Conditions

PLEASE READ CAREFULLY. 

 

These terms and conditions apply to any membership with KickStart! Health, Fitness & Rehabilitation, whether the membership is for online or in person services.

 

Fees – “Membership Fee” means the fees paid by you to allow you access to use the classes. 

 

Your Entitlements – You are entitled to use the classes at KickStart! Health, Fitness & Rehabilitation.

 

Freezing Your Membership – Freeze requests can only be approved for medical or travel reasons, proof is required. You may freeze your membership for a minimum of 2 weeks, and a maximum of 3 months. For all members, the freeze period chosen will extend the end date of the contract by the period frozen. A 7 day notice period is required prior to the proposed freeze date.
 

COOLING OFF PERIOD – A 48 HOUR COOLING OFF PERIOD APPLIES TO ALL MEMBERSHIPS FROM THE TIME AND DATE OF ACCEPTANCE OF YOUR MEMBERSHIP. ANY PAYMENTS MADE ARE NON-REFUNDABLE.

 

It is essential that a written notice of termination is given to KickStart! Health, Fitness & Rehabilitation before the end of the 48 hour cooling-off period in order for the cancellation to be effective.

 

Your obligation – You agree to:

• Inform us in writing if there is a risk to your health if you participate in our fitness services and exercise programs; Pay all agreed fees; Ensure sufficient funds are available to cover your fees; KickStart! Health, Fitness & Rehabilitation are not liable for bank charges for automatic payment attempts with insufficient funds in your account. Ensure credit card and account details are up to date.
• Use of an individual towel at all times whilst exercising
• Wear safe fully enclosed footwear & suitable clothing; 
• Conduct yourself in a manner acceptable to KickStart! Health, Fitness & Rehabilitation; Comply with any reasonable request from KickStart! Health, Fitness & Rehabilitation personnel; Comply with notices displayed around the gym;
 

Special Risks – I hereby represent to KickStart! Health, Fitness & Rehabilitation, its management, employees, and affiliates that I am physically capable of and there is no medical reason to prevent me from proceeding with the classes without endangering my health. Please note that exercise can be physically demanding and potentially dangerous. The equipment provided for your exercise can also be a hazard to your health if it is not used in the manner as instructed. A condition of your membership is that you acknowledge and agree that: – You participate in the classes at your sole risk and responsibility; you will not participate in the classes if you are not medically or emotionally fit to do so. KickStart! Health, Fitness & Rehabilitation, its employees and agents are not responsible for any injury or death caused to you or loss or damage caused to your property. You will not bring any claim against KickStart! Health, Fitness & Rehabilitation, its employees or agents in the event you sustain any personal injury or suffer any property damage or loss when attending the classes. You will indemnify KickStart! Health, Fitness & Rehabilitation  for any liability, loss or damage that you or any other person suffers as a result of your misconduct, bad faith or negligence.

Assignment – KickStart! Health, Fitness & Rehabilitation may assign or transfer its rights and interests in this agreement.

Complaints / Feedback Procedure – If you believe we have not met your expectations in some way and wish to lodge a complaint please adopt the following protocol: If you have a concern or complaint, please lodge your complaint in writing. KickStart! Health, Fitness & Rehabilitation will endeavour to resolve the complaint as quickly as possible. A response to your complaint will be issued within a maximum of seven days.

Direct Debit – Membership fees will continue to be debited from your credit card or bank account until you formally request in writing, giving 30 days minimum notice to KickStart! Health, Fitness & Rehabilitation of your intention to cancel your membership or KickStart! Health, Fitness & Rehabilitation cancels your membership. If you terminate this agreement or stop the automatic debit arrangement in a manner that is not described in this agreement, you are liable to KickStart! Health, Fitness & Rehabilitation for all outstanding payments. All payments are taken in advance. 

KickStart! Health, Fitness & Rehabilitation may terminate this agreement if;
• You fail to pay the agreed fees.
• You behave in an unacceptable manner in the opinion of KickStart! Health, Fitness & Rehabilitation & or fail to comply with a reasonable request from KickStart! Health, Fitness & Rehabilitation.
 

KickStart! Health, Fitness & Rehabilitation reserves the right to refuse entry to any person, including members.

What happens to the fees if KickStart! Health, Fitness & Rehabilitation terminates this agreement?
• Debit plan membership or package contracts will cease to be debited from your credit card or bank account from the date of termination within 72 hours of notification.
• Payment in advance members or package holders will have their monies refunded for the balance of the period of their membership or package if the KickStart! Health, Fitness & Rehabilitation services are no longer available, safe, or to KickStart! Health, Fitness & Rehabilitation required standards.
• In all other cases KickStart! Health, Fitness & Rehabilitation will not refund any fee to you.

Changes in Terms & Conditions – KickStart! Health, Fitness & Rehabilitation reserves the right to change these terms and conditions at any time, including but not limited to access rights, membership types and special fees & conditions. Any changes that affect you and/or your membership will be provided to you in writing.

Breach of Agreement – KickStart! Health, Fitness & Rehabilitation reserves the right to terminate your membership without refund or relief from payment outstanding, if your behaviour, conduct, dress or use of equipment and services is reasonably considered by KickStart! Health, Fitness & Rehabilitation to be in breach.