Bodyworkz Membership Terms and Conditions
Class bookings can be made online, by phone, email or in person at the studio.
Please arrive 10 minutes before a class or therapy session.
You must check in at reception on every visit.
Class Cancellation Policy
We have a strict 1 hour cancellation policy for all session bookings.
Class cancellations will not be accepted via phone.
All cancellations, no shows or reschedules less than 1 hours prior to the booking will forfeit the session and be charged at the full rate, with no
refund available.
We do not offer refunds for change of mind, injury, illness, change of address or any other reason.
All passes and memberships are non-refundable and non-transferable.
No extensions or suspensions are available.
Direct Debit Memberships
Direct Debit Membership agreements are for a minimum of 5 weekly debits with our billing company Debit Success Pty Ltd.
Suspensions
For Direct Debit Membership suspensions, we require at least 14 days’ notice prior to your next billing date and suspension is only possible in
7 day blocks in line with your scheduled payment cycle. Any membership payments during this notice period are non-refundable.
You may suspend your membership for up to 2 weeks per 3 month period. A suspension fee of $5 per week is payable for each week of the
suspension period.
Requests to suspend memberships must be made in writing by completing a suspension form and delivering it to the studio in person or by email.
Requests without the form will not be accepted by email, phone, text or social media.
We are unable to backdate suspensions.
Direct debits
It is your responsibility to ensure there are sufficient funds available to cover the regular auto-debit. Should a payment be declined for any
reason, the billing company reserves the right to process the failed payment at any time to settle any debt owed and charge a fee for failed
transactions.
Cancellations
After the 5 minimum payments, payments will continue until further notice from you. Your membership can only be cancelled by you completing
a facility cancellation form and providing it to the studio. We require a notice period of 5 weekly payments which will be payable before cancellation is finalised.
Requests will not be accepted by email, phone, text or social media.
It is your responsibility to cancel your membership. Non-attendance does not warrant a refund of membership payments, and your membership
will not automatically cancel due to non-attendance.
For Direct Debit Contracts with a fixed term, a cancellation fee is payable equivalent to $10.00 for each week remaining under the contract.
No contract can be cancelled whilst there are any outstanding direct debits and charges owing on the account or and applicable cancellation fee is paid.
Multi packs
10 visit class passes are valid for 6 months after first visit.
7 day passes expire after 7 days from first visit.
3, 5 & 10 session therapy passes are valid for 6 months after first visit.
We do not offer refunds, transfers, suspensions or extensions on class or therapy packs for change of mind, injury, illness, change of address or
any other reason.
Any non-cancellations or no shows for bookings made using class or therapy passes will result in forfeiting that visit per the cancellation policy.
Access by Non-Members
Bodyworkz only grants members, unless otherwise specified in this Agreement, access to the Club. No member is permitted to bring a
non-member into the Club.
If a member breaches this Agreement, the member acknowledges that:
they accept responsibility and liability on their personal behalf for any injury, loss or damage attributed to the
non-member whether or not caused Bodyworkz;
the act of bringing a non-member into the Club constitutes automatic acceptance by the member of applying for a casual membership
for the non-member and liability for payment of the casual member entrance fee.
Bodyworkz reserves the right to terminate the membership of the member who brings a non-member into the Club.
Indemnification and risks
You hereby represent to Byron Bodyworkz Pty Ltd and their directors, officers, employees, contractors and agents that, to the best
of your knowledge, you do not have any physical, medical or other disability or condition which may be affected or aggravated by, or which
may result in any sickness, injury or death to you as a result of, your use of the studio or its facilities.
Byron Bodyworkz Pty Ltd warns that whilst you are on our premises using our studio and recreational services, you are at risk of
suffering physical harm or personal injury including broken bones, soft tissue injuries, joint injuries, permanent disability or death.
These injuries may occur from you:
slipping on wet flooring;
colliding with equipment, or other members;
engaging in strenuous exercise and activities; or
incorrect use of equipment, or other unspecified risks
You acknowledge that any such injury may result not only from your actions but from the action, omission or negligence of others.
You acknowledge that there is a risk of personal injury or death, and agree to indemnify, defend and hold harmless Byron Bodyworkz Pty Ltd,
and its directors, officers, employees, contractors and agents from all legal actions, injury claims, loss, damage, penalties, and costs arising
from your participation in this studio.
Byron Bodyworkz Pty Ltd is not liable to you for any personal property that is damaged, lost, or stolen while on or around the studio including,
but not limited to, a vehicle or its contents or any property left in a locker.
Allowing us to use your image
We may film and/or take photos at our facility for advertising and promotional activities. We may use these across our social media and other
advertising platforms. By signing this agreement, you acknowledge that we have the right to use those images for business and
promotional purposes and they remain the property of Byron Bodyworkz Pty Ltd.
Cooling Off Period
This is not an unsolicited consumer agreement so there is no statutory cooling off period.
We offer a 48hr cooling off period for all new memberships.
A request for termination of membership during the cooling off period must be made by you in writing and delivered to the Club or sent by post or email to the Club
For any membership terminated validly during the cooling off period, Bodyworkz shall refund to you the total of all Membership Fees, but not the joining fee or security access fee both of which are non-refundable.
If you have been provided services under this Agreement the Club will refund your Membership Fees less a fee of $75, or 10% of the fees paid (whichever is lesser). Bodyworkz will refund all monies to you within 7 days of Bodyworkz receiving Written Notice of termination or such earlier date as required under the Australian Consumer Law.
Recovery room liability waiver and release
I hereby acknowledge and agree to the following terms and conditions before participating in the services offered by Byron Bodyworkz Pty
Ltd. ("the Company"):
Assumption of Risk: I understand that the use of ice baths, contrast therapy, and sauna services involves inherent risks, including but not
limited to the risk of injury, illness, or adverse reactions. I voluntarily assume all risks associated with participating in these services.
Health Considerations: I certify that I am in good physical condition and have no medical conditions that would prevent me from safely
participating in the ice baths, contrast therapy, or sauna services. I acknowledge that it is my responsibility to consult with my doctor to
determine if these services are suitable for me.
Release of Liability: In consideration of being allowed to participate in the Company's services, I hereby release, waive, and discharge the
Company, its owners, employees, agents, and affiliates from any and all claims, liabilities, damages, or expenses arising out of or in any
way connected with my participation in the services, including but not limited to personal injury, property damage, or loss.
Indemnification: I agree to indemnify and hold harmless the Company, its owners, employees, agents, and affiliates from any claims, liabilities,
damages, or expenses, including legal fees, arising out of or in any way connected with my participation in the services or my breach of any
terms and conditions outlined by the Company.
Agreement to Terms: I acknowledge that I have read and understand the terms and conditions outlined by the Company, including but not
limited to the policies regarding payments, bookings, intellectual property, privacy, and liability
Voluntary Participation: I acknowledge that my participation in the Company's services is voluntary and that I have the right to refuse or
discontinue participation at any time
Acknowledgment of Understanding: I acknowledge that I have read and fully understand the terms of this waiver and agree to be bound by
its provisions.
Parental Consent (if applicable): If the participant is a minor, I certify that I am the parent or legal guardian of the minor participant and hereby
consent to their participation in the Company's services. I agree to all terms and conditions outlined in this waiver on behalf of the
minor participant.
Severability Clause: If any part of this waiver is found to be invalid or unenforceable, the remainder of the waiver will still be valid and
enforceable.
Venue and Jurisdiction: Any disputes arising from this waiver shall be resolved in the appropriate court of law within the jurisdiction of NSW.
Electronic Signature: By signing electronically or by hand, I acknowledge that my signature is legally binding and indicates my acceptance of
the terms and conditions outlined in this waiver.
No Guarantees: I understand that this waiver does not guarantee the safety or effectiveness of the activities or services provided by
the Company.
Revocation of Consent: I understand that I may revoke my consent to the terms of this waiver at any time, although such revocation may not
release me from liability for actions taken prior to revocation.