Your Cooling-Off Period
You have a seven (7) day Cooling-off Period which begins on the date on which you sign this Agreement online, or the Membership Start Date, identified on the Trainer’s chosen scheduling app, whichever is earlier.
During this time, you may terminate your Agreement by providing the Trainer abiding by the relevant terms outlined in Clause 9.
1.3 If you terminate your Agreement during the Cooling-off Period, you agree to forfeit the cost of your initial fortnightly payment.
Trainer Rights
This Agreement is based on the Agreed Terms and Conditions (“Terms, Agreement,”) and You (“‘You, Your”) agree that you have had the opportunity to seek legal advice.
The Trainer (“Trainer, Performance Playground, We”) refers to Performance Playground, and their associates, contractors, employees, agents, director, assigns and heirs.
The Trainer reserves the right to vary this Agreement at any time and when changed, will make a new copy of the Agreement available online. A variation will take effect immediately after we have placed the Amended Agreement on our site.
If you continue to train, and do not terminate this Agreement, you will be deemed to have accepted the amended Terms and this Agreement will continue in full affect with the amended Terms incorporated.
The Trainer will endeavour to notify you as soon as possible of any such changes via social media, newsletter, the website, notices in the studio or emailing to your last known address.
The Trainer will consider you have received our email or electronic updates on the second business day after it is sent or posted.
If you are advised of any terms and conditions by any staff member and/or agent of Trainer that differ from these Terms, only these Terms apply as this is the entire agreement between and it supersedes any other understanding whether written or verbal, unless confirmed in writing by an authorised staff member of the Trainer.
Lack of action by the Trainer to enforce their rights at any time, does not waive those rights.
You understand that the Trainer may take photos and film during activities which may be used for marketing, promotional and social media purposes. By signing this Agreement, you give your permission for this to occur.
We reserve the right to cancel or reschedule any classes and alter the class timetable. Classes that would take place on public holidays may also be cancelled.
No part of the Performance Playground program materials may be copied, modified, licensed, published, transmitted, distributed, uploaded, broadcasted, sold or otherwise transferred without our prior consent. Performance Playground own all intellectual property rights to the Performance Playground Activities program materials.
Payment of Your Fees
You warrant that you are the authorised owner of the Bank Account and Debit/Credit Card provided.
The Training Fees are payable in advance in accordance with the Payment Cycle by Direct Debit from the Bank Account or Credit Card provided by You in the Trainers chosen scheduling app.
You agree to pay any Direct Debit processing fee charged by Trainer’ Direct Debit Agent.
This Agreement remains in force, and payments will continue to be deducted in accordance with the Payment Cycle, until such time as you terminate this Agreement by abiding by the relevant terms outlined in Clause 9.
You agree that all Memberships will continue to be deducted after the end of the initial lock-in period, unless your Agreement is cancelled by You, abiding by the relevant terms outlined in Clause 9.
You agree that all ten (10) visit passes will auto-renew either upon its expiry date, or on the completion of the tenth session, unless your Agreement is cancelled by You, abiding by the relevant terms outlined in Clause 9.
You warrant that you will ensure:
your account can accept direct debits and your financier is authorised to draw the funds;
you have sufficient funds in your Bank Account or Debit/Credit Card on the payment day and the next 5 days.
you inform us, and the Direct Debit Vendor if necessary, if you are changing or closing your Bank Account or Debit/Credit Card, or if the card may be expiring, or if you wish to change Direct Debit options at least 5 business days before your next payment is due.
Your Physical Condition
To ensure the Trainer provides the most appropriate training regime for You, You agree to complete a Pre-Exercise Questionnaire prior to undertaking services with the Trainer.
You warrant that as at the Membership Start Date, you are in reasonable physical condition and that you have advised the Trainer and noted in the Pre-Exercise Questionnaire, any Medical Conditions, and any physical, mental or emotional health issues or other reasons (that you are aware of) why you cannot or should not take part in active or passive exercise.
You promise to notify the Trainer about any changes in your physical, emotional and mental health, your fitness and medical condition generally, so that your training regime can be appropriately modified, and your condition monitored, to avoid or minimise risks of injury or detriment to your health generally.
Any advice and/or recommendation by the Trainer is not intended to constitute medical diagnosis or treatment, nor should it be relied on as a suggested course of medical treatment for a particular condition. If you are in doubt, you must obtain medical advice prior to commencing or continuing any exercise program and advise the Trainer if you feel any discomfort during or after a training session.
If you have an infection, contagious illness or physical ailment such as an open sore or cut, or if there is any other risk of infection or illness, however small, to any other person, you are not permitted to use studio facilities. You must advise the Trainer and reschedule your session.
Your Risk Assumption
You are aware that the use of the premises and its facilities and your participation in classes and programs conducted by Trainer may involve strenuous activity and special risks.
You warrant that you are physically able to participate in any classes/fitness program or use any studio facilities in which you have chosen to participate and have not been advised otherwise by your medical practitioner.
You understand that you will be engaging in activities that may involve risk of personal injury or illness and which may also involve the risk of economic/property loss and damage. You also understand that there may be risks involved that are not known to you or to Trainer, or that may not be foreseen or reasonably foreseeable at this time or at the time of using the studio facilities or participating in the class/fitness program.
You assume the foregoing risks including risk of any negligence by Trainer and its respective owners, directors, officers, employees or agents, and accept personal responsibility for any injury (including but not limited to personal injury and disability), illness, damage, loss, claim, liability or expense of any kind or nature, that you may suffer arising out of or in connection with the use of studio facilities, or participation in classes/fitness programs by you, or any minor/person under your supervision, care or control.
Marketing Correspondence
You will receive marketing correspondence via electronic transmission on a regular basis which may include (but not limited to) newsletters and promotional material. You are free to unsubscribe at any time.
Bookings and Appointments
If you are unable to attend a scheduled Team Training Session, you agree to pay a late cancellation fee (“Cancellation Fee”) of up to 100% of the Session Fee for less than 1 hours notice or no-show..
If you are unable to attend a scheduled Semi-Private or Private 1:1 Session, you agree to pay a Cancellation Fee of up to 100% of the Session Fee for less than 6 hours notice or no-show.
Cancellations made in excess of the above times, will not attract any Cancellation Fee, and where possible an alternative time will be offered to you.
Time Freeze
Requests for time freeze can be made by submitting a Leave Form to the Trainer no less than 7 business days prior to the commencement of the freeze.
Time freeze will be granted at Trainer discretion.
Time freeze can be taken between a minimum of 2 weeks and a maximum of 12 weeks in a single calendar year
Time freezes can not be submitted for a period of less than 2 weeks, at the Trainer’s discretion.
Before freezing your Agreement, you must make sure your fees are up to date and you don’t owe the Trainer any money.
Before returning to the studio at the completion of a time freeze for medical reasons, you acknowledge that you are returning to exercise at your own risk.
Cancellation of your Agreement
To cancel your Agreement with the Trainer before the End Date of your initial lock-in period, you are required to provide two (2) weeks written notice via the Membership Cancellation Form. You agree to be charged 50% of the remaining cost from the Agreement start date to the initial lock-in period End Date.
To cancel your Agreement with the Trainer after the initial lock-in period, you are required to provide four (4) weeks written notice via the Membership Cancellation Form.
You can cancel your Agreement with no financial repercussions if you are cancelling for serious medical reasons and have proof of inability to exercise by a Medical Practitioner, or other reasons causing extraordinary hardship, as determined at the Trainers sole discretion.
Agreements cannot be frozen during the Notice Period.
Your Agreement may be cancelled by Trainer for any reason that the Trainer decides is appropriate, and you will not be liable for payments owing to the End Date however will not be reimbursed for payments made to the date of cancellation.
Downgrading/Upgrading of your training package
If you wish to downgrade/upgrade your training package, you will be required to give notice in accordance with Clause 9 of this Agreement and enter into a new Agreement.
Personal Training and Other Services
The Trainer may offer or recommend services from third parties including, but not limited to, personal training, physiotherapy, nutrition consultation and/or massage.
Should you accept services from third parties, you are engaging them directly and we are not liable for provision of the services. Any claim you may have as a result of an act or failure to act by the third party (whether or not payment has been made to the licensee) will be brought against and will be the responsibility of that licensee.
You agree to release, indemnify and keep indemnified the Trainer for any claim by you as a result of an act or omission by a third party engaged by you, whether or not introduced by the Trainer.
You will notify the Trainer immediately if you have a claim against a third party, and although the Trainer will use best endeavours to assist in a resolution where possible, to resolve any conflict or issues with third party, you understand that the Trainer is under no obligation to rectify the situation.
Limitation of Liability
To the fullest extent permitted by law, you hereby release and forever discharge the Trainer from all actions, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs and expenses howsoever arising that you may have directly or indirectly incurred, arising from or in connection with your entering into this Agreement, and/or use of Trainer facilities and equipment, or from being on studio premises and whether caused or contributed to (directly or indirectly) by an act of negligence, breach of duty or default/omission on the part of the Trainer and its respective owners, directors, officers, employees or agents.
You agree that the Trainer will not be liable for any loss, damage or theft of any of your (or your guest’s) property except where caused directly by the gross negligence of the Trainer.
To the full extent permitted by law, the Trainer will not be liable for any death, personal injury or illness occurring on studio premises or as a result of use of facilities or equipment, except to the extent that it arises from the gross negligence of the Trainer and its respective owners, directors, officers, employees or agents.
Noise & Vibration Management
For the safety of all members and amenity of neighbouring premises, you agree to adhere to the conditions outlined below as part of Performance Playground’s Noise & Vibration Management Plan:
Use of free weights must be performed on rubber flooring areas only. No free weights are to be performed on the astro turf area.
Please do not drop barbells, dumbbells or kettlebells at any time whilst at Performance Playground.
A Weight Drop occurs when the hand/s leave contact with the weighted object before it reaches the floor.
Therefore: At least one hand must remain in contact with barbells, dumbbells or kettlebells until they reach the floor.
Breach of this condition is serious and could result in suspension or cancellation of a membership at Performance Playground.
Proper weight lifting technique must used at all times. In addition, staff supervision is required for all weight lifting activities to ensure correct technique is taught to patrons and upheld throughout training for effective noise management and safety.
Weight lifting activities that have an increased chance of accidental weight-drop, one (1) of the following strategies must be implemented to ensure effective noise management and patron safety is upheld:
1-2 safety spotters to assist with applicable exercises (bench press, back squat, front squats).
In cases where the use of safety spotters is not possible or is deemed unsafe, 150mm silencer crash mats will be used to ensure effective noise management and safety is upheld (olympic weightlifting, overhead movements)
Safety spotter: A patron of the gym that can safely assist the exercising patron with the movement to prevent a failed rep (whereby the rep is not completed).
Silencer crash mat: A 150mm acoustic mat, specifically designed to prevent excessive noise & vibration during weight lifting activities.
FX50 mats are to be used for the following weight lifting activities:
All weight lifting activities exceeding 30kg.
All weight lifting activities that require repetitive contact with the floor, regardless of weight.
All weight lifting activities between 6am-7:30am.
Sled activities and battle rope activities are to be performed only on the designated astro turf area and are not to be performed from 6am-7am.
Music is controlled by Performance Playground staff members only and may not be accessed by members, to ensure the following music levels are followed:
Maximum 50% volume from 6am-7am and 7pm-7:45pm
Maximum 70% volume at all other times.
Please understand that any intentional or repeated breach of these condition may result in the suspension or cancellation of your membership at Performance Playground