Personal Information
• I acknowledge and agree that my personal information will be used to provide services contemplated by this contract and may be used as part of Spartans Kilsyth Pty Ltd ACN 152 935 227 customer service policy. At any time I can request in writing for this service to discontinue.
• I acknowledge that where applicable according to the terms of my membership, my personal information will be provided to Ezy Pay Pty Ltd.

 

Terms and Conditions
• Health regulations insist on the usage of training towels at all times on these premises. Spartans Kilsyth Pty Ltd ACN 152 935 227 will provide wipes and sprays for wiping down equipment after use.
• You are required to wear appropriate footwear/workout clothing while exercising. Thongs, open-toed sandals, work boots, work clothes and streetwear are prohibited. If any personal injury is sustained while wearing inappropriate footwear/workout clothing, you will have no claim against our insurance policy.
• Not putting away/dropping of weights or abuse of the equipment may lead to the suspension/cancellation of your membership.
• Bags are NOT permitted on the gym floor. Members using lockers must provide their own padlock. All items must be removed from the lockers at the end of each workout, otherwise padlocks will be cut and items removed by gym staff.
• No member is to enter the changeroom/toilets of the opposite sex at any time. A breach of this policy will result in an instant cancellation of your membership.
• There is no smoking, drug or alcohol use whilst on these premises.
• You are not permitted to conduct private personal training sessions on these premises.
• You have read and agree to adhere to the #spartanspride guidelines as displayed in these premises.
• Any person under the age of 18 years of age must complete an ‘Under 18 Waiver’ to access the facility
• Mobile phone/camera/recording devices: Members must obtain permission from individuals that will appear clearly recognizable in the picture/video. If the individuals are under 18 years, the member should obtain permission from the parent or guardian. Members are encouraged to report any individuals using a mobile phone/camera or other recording device in a suspicious manner to a staff member immediately. A breach of this policy may lead to the suspension/cancellation of your membership

• If participating in the PramFit program and your baby must be under 1 and stay in the pram at all times. Your baby is your responsibility.

Memberships
If you are not completely satisfied within the ‘cooling off’ period (within the first 7 days from the membership contract start date), you may request for your membership to be cancelled. All membership fees will become fully refundable (less initial administration fees (if applicable) and a casual entry fee per visit to the club during the cooling off period). This applies to all membership contracts. Cancellation of a direct debit membership during the agreed minimum term, will incur a cancellation fee of $200.

 

Free of Charge Membership Suspension
You must specify a start and finish date. Suspensions are available for all membership contracts. A minimum of 2 weeks per request, and maximum of 3 months over each term of your membership applies (based on a 12 month membership term or pro-rata if otherwise). Extensions can be considered if a medical certificate is provided. For all direct debit memberships, your membership suspension request can be submitted through our Spartans Gym App or member portal.

 

Social Events
Boot Camp Social events will be held on a regular basis, all times and locations of each event will be organised by Spartans. However, all additional costs and travel will be at the expense of the member. These events include various fitness activities or local coffee catch-ups, during these events all persons are liable for their own belongings and health & safety.

 

Club Access
• I understand that my access tag cannot be used by/given to another person and if I provide another person access (member or non-member) to the club by holding the door open, or by any other means, I will be fined $150. My details will be passed on to the police for trespassing and my membership may be cancelled.
• I must register my attendance by scanning my finger/tag/signing the ipad prior to entering the facility at all times.
• All memberships are ‘Standard Access’ memberships. Upgrades to a platinum membership which includes 24/7 access is an annual fee of $49 or an ongoing Direct Debit fee of $1 per week.

 

Termination or Downgrade of Membership Contract

Eligibility: To cancel or downgrade a membership the membership must be outside the minimum contract term and not owe any fees. 

If the account is still within term an early cancellation fee of $200 or the payout of the contract (which ever is smaller) will be charged. 

Notice: 2 weeks/2 payment cancellation/downgrade notice must be given by completing the below form: 

 Cancellation/Downgrade Form

The above applies to all Spartans, SWZ & Reformer Memberships. 

Our liability to you and your Release of liability

Statutory Guarantee
Under the provisions of the Australian Competition and Consumer Commission (“ACCC”)
(A) We guarantee that the service we supply are,
(i) provided with due care and skill;
(II) are reasonably fit for any purpose you have told us you are using the service for or told us you wish to achieve; and/or
(iii) are supplied in a reasonable time;
(iv) Under certain legislative provision, however, we can ask you to accept some limitations to the ACCC guarantees
(v) If you sign this Agreement, you agree, to the extent allowed by section 139A of the ACCC, to exclude or modify our liability to your or death or injury from your failure to comply with ACCC guarantees
(vi) This exclusion does not apply if your death or injury is caused by our “reckless conduct” (as defined in the ACCC).
(vii) The ACCC exclusion Notice: In Victoria, “Warning under the ACCC and Fair -Trading Act 2012” applies if attached to this Agreement and signed by you.
Your acknowledgements and representations to us
You acknowledge that there are inherent risks of personal injury invoked in participating in any exercise programme.
You acknowledge that the facility is unmanned outside of the staff hours as advertised.
You certify that you are in good physical condition and capable of undertaking an exercise program and you assume all such risks associated with physical strain and exertion.

 

Your liability to us
Nothing in this agreement excludes, restrict or modifies any terms, conditions, warranties, guarantees, rights or remedies which cannot lawfully be excluded, restricted or modified. Otherwise, unless expressly included in this Agreement, all implied terms, conditions, warranties, guarantees, rights or remedies that can be lawfully excluded are excluded. In particular, but subject to (A) i to (A) vii inclusive, we are not liable for death or injury caused by your negligence or breach of implied terms that service will be provided with reasonable care and skill at common law. This does not exclude our liability for reckless conduct.
You promise not to unnecessarily bring valuables into our premises and agree that it is not our obligation to look after unattended property.
You agree to pay for any loss and damage to our premises or the Facilities and Service caused by your guests through a willful, wrongful or negligent act as a result of your, or there, breach of this Agreement.

Online Store

Customer Service

Spartans Gym & Fitness is committed to providing exceptional customer service and quality products. We endeavour to make sure that all products listed on our website are currently in stock, pricing is true and correct and dispatched in a timely manner.

Shipping and Delivery

We deliver products worldwide from our fulfilment house located in Australia.

Shipping costs are influenced by the size and weight of the product and your location.

Shipping costs are calculated in the shopping cart and will be added to the order total before checkout. (Please Note: we may contact you if the shipping cost greatly exceeds what we have charged you at the checkout).

Orders are dispatched within 48 hours of the order being placed and shipping times are estimated at between 3-14 business days depending on your location. We are not responsible where delivery has been delayed outside of our control.

Incorrect Shipping Information

Be sure to carefully enter the address where your package(s) will be shipped. Customers are responsible for fees incurred where delivery cannot be completed due to incorrect shipping information provided by the customer, or P.O. Boxes that are supplied but cannot be delivered to.

Returned Packages

In the event your package has been returned to our warehouse due to incorrect details being provided or the package not being collected, standard shipping costs will apply to resend the order. We provide tracking information to assist you with keeping track of your order delivery.

Refunds will not be provided for these items, as outlined under 'Products' in the Refund Policy section of these Terms and Conditions.

Damaged Goods

We will not be held responsible for any parcels that have been lost or damaged during the delivery process.

If your parcel, and/or goods have been damaged in transit, we will ask for proof of such damage before establishing whether a refund or exchange will take place. Please Contact Us to discuss.

Availability of Spartans Gym & Fitness Products

In the event that an ordered item is not available or we are unable to fulfil your order we will notify you within 2 business days to arrange an agreeable alternative item, the option to put on backorder, or a full refund.

Not for Resale

When purchasing any products from the Spartans Gym & Fitness Online Shop, at retail value, you agree that you are not authorized to resell these products above the recommended retail price.

Refund Policy

Products

Food, Beverage & Supplement Products – Please choose your products carefully. We do not provide refunds if you simply change your mind or make a wrong decision. Due to food health and safety reasons, returned products, even if unopened, cannot be re-sold.

You may choose between a refund, exchange or credit where goods are faulty, have been wrongly described or are different to the product purchased on the website.

Additional 3rd Party Fees

Bank Fees – Spartans Gym & Fitness is a global company. We are not responsible for additional fees charged by banks for international transaction fees. Please check with your bank prior to purchasing to inquire if additional fees apply.

Customs Fees – Every country is different with its customs regulations for charging fees, whether they exist and how much. We are not responsible for overseas orders should they incur additional customs charges. It is recommended to contact your local customs office to inquire further.

 

[/et_pb_text][/et_pb_column][/et_pb_row][/et_pb_section]