Accessing the studio
- You must complete a waiver before you will be permitted to access the facilities at The Pole Gym.
- You should arrive a minimum of 10 minutes before the class start time and you must check in with reception upon arrival.
- If you are 5 minutes late to any casual class your spot in class will be forfeited and may be offered to the next person on the wait list.
- If you are 10 minutes late to any course class, or if the warm-up section of the class has been completed by the time you arrive, you may be refused entry to the class at our discretion.
- You will not be permitted to attend the studio unless all payments and fees are up to date.
- You must be 18 or over to be a Member of The Pole Gym. Persons aged 16-17 may participate with prior written consent from a parent/guardian.
- The Pole Gym is only accessible by current Members; outside guests will not permitted beyond the reception waiting area.
- Disorderly, disruptive, or anti-social behaviour including offensive, intimidating or abusive language will not be tolerated at any time.
- You will be refused entry if you are under (or suspected to be under) the influence of drugs or alcohol.
- Open Training sessions are only accessible by current course students (for the duration of their courses); Casual Plus Pass holders (for the duration of their pass) or Paid Training Hire.
- Before undertaking any commercial or professional use of The Pole Gym’s facilities, you must obtain our explicit consent. We may withhold our consent at our discretion. This applies to paid or unpaid services that may be rendered. These activities may include but are not limited to:
- Personal Training
- Small Group Training
- Photography or Videography
- Any other business
- We reserve the right to refuse entry to anyone considered to be in breach of any studio rule.
- Be respectful to your instructor and other students by listening when instructors are talking and following all reasonable directions. You may be asked to leave if you talk over instructions or fail to follow directions in class.
- If you are attending a class for the first time, or if you have any health issues that may affect the safety of your workout, you must advise the instructor at the start of the class.
- If you need to leave early from a class, please advise the instructor at the start of the class.
- You may video or photograph yourself – in fact, we encourage it! But if other people appear in your video or photo please ask their consent before filming.
- For personal hygiene and the comfort of those around you, please wear deodorant, wash clothing between uses and be aware of your own body odour.
Health and Safety
- It is your responsibility to train within your own abilities and limits; this includes using our facilities and equipment safely, not doing anything that may adversely affect any medical condition or put yourself or others at risk of injury. If you are in doubt, talk to a staff member.
- Everyone learns at a different pace. If an instructor tells you that you are not yet safe in a trick, please respect their opinion and work at the level they recommend to avoid injury.
- You must not teach other students. Our instructors are trained in what they do – please leave the teaching to them.
- Always warm up before your session and cool down (stretch) after your session effectively, even if there is no time in class.
- Always start your session by wiping down your equipment with a towel and methylated spirits spray and repeat this process at the end of your session – making sure to remove all residue of chalk and other substances.
- When using the equipment, be aware and mindful of those around you to avoid collisions.
- Crash mats are encouraged for pole trick training and always required for aerial training (see ‘Aerial Rules Of Use’ for further details).
- Do not increase your (or other people’s) risk of an incident by wearing products (such as moisturiser, fake tanning product, and some hair and makeup products), that come off onto the equipment and make them slippery.
- Report any hazards, incidents, faulty equipment, misuse of equipment or unsafe practices to The Pole Gym staff immediately.
- You must have a spotter whenever you attempt a trick you have not yet consistently mastered.
- A spotter must be someone who understands the technical aspects of the trick and is physically capable of aiding you in and out of the trick if necessary. Generally, a spotter must be someone in the level you are working at or higher.
- You must always check with an instructor to confirm that you can safely perform a trick unassisted before doing so without a spotter.
- Even if you have done a trick before or have been doing a trick for some time without a spotter, you must still assess your level of risk and danger before each attempt. Strength and ability can fluctuate and conditions (such as climatic variation and pole condition) can change. It is your responsibility to make sure that you have minimised the chance of an incident occurring.
- You must let a staff member know if there is an incident or injury so that we can assess whether First Aid is required. An Incident Report might need to be completed.
- There will be a staff member in the studio qualified in First Aid. You must follow the directions of qualified staff in case of an accident or incident that requires First Aid and follow all instructions required for filling out an Incident Report.
Care of Equipment
- You are required to return equipment to its original state when you have finished, including cleaning poles, aerial equipment and crash mats after each use with metho provided and returning equipment to its original location (e.g. stretch mats, hand weights, resistance bands)
- Poles may only be locked and unlocked by staff. Please notify reception if you require poles to be locked or unlocked before and after use.
- Shelving is provided for storage of personal belongings during classes/training only. Care of personal property is your responsibility.
- We are not responsible for any personal property that is damaged, lost or stolen while on premises.
- You may leave ONE pair of heels on the epic heel shelf above the bag racks provided they can fit neatly. No bags, boxes or other items are allowed to be stored on the epic heel shelf!
Failure to abide by these rules may cause us, in our sole discretion, to terminate your access to The Pole Gym.
MEMBERSHIP TERMS AND CONDITIONS
(a) The Pole Gym Brisbane City ABN 29 631 912 939 (The Pole Gym, our, we or us) provides a variety of pole dance classes, aerial classes, other speciality classes, general fitness classes, private lessons, and private functions (Fitness Services).
(b) These terms and conditions (Terms) govern The Pole Gym’s supply of the Fitness Services to you or, where applicable, the person for whom you are the parent or guardian (the Client, you, your).
(c) You may participate in the Fitness Services on one or more of the following bases:
(i) a one-off casual basis delivered in person (Casual Session) or online (Online Class);
(ii) as part of a multiple-week course (Course);
(iii) as a one-off private lesson (Private Lesson) or function (Private Function); or
(iv) as a one-off pole/aerial hire (Pole Hire) or studio hire (Studio Hire).
(d) By booking or otherwise paying for a Fitness Service (Booking), you automatically become a Client of the Pole Gym. Accordingly, you agree to be bound by these Terms.
(e) We may change these Terms at any time by updating our website’s Terms and Conditions page. Your participation in the Fitness Services following such an update will represent your agreement to be bound by the Terms as amended.
(a) To make a Booking for a Fitness Service over our website, you may be required to register an account through our third-party booking platform (Account).
(b) As part of the Account registration process, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing and postal addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
(c) By creating an Account, you consent to having your photograph taken by us and saved on your profile to confirm your identity upon entry and within classes. We may refuse entry to you if you do not have an accurate photo identification uploaded to your Account.
(d) You warrant that any information given to us, including information given while completing the Account registration process, will always be accurate, honest, correct and up to date.
(e) At our absolute discretion, we may suspend or cancel your Account for any reason, including for failing to comply with these Terms.
2.1 MAKING A BOOKING
(a) To book a Fitness Service, you must first purchase the appropriate Membership (Membership). This can be done via our website, your Account, or directly with reception.
(b) Once payment has been processed successfully, your Membership will be active and allow you to book associated Fitness Services.
(c) Payment is required upfront for all Bookings. As set out in Clause 6.1 of this agreement, your Booking is not secured, and you will not be allowed access to the Fitness Services until all Fees are paid.
(d) Your Membership permits you to use our premises, facilities, equipment and services as shown and limited by the Membership identified. Membership inclusions are listed on our website
(e) Your Membership will commence and end on the dates set out on our website and our third-party platform for each relevant Membership term.
(a) (Risk of injury) You understand and acknowledge that participating in a Fitness Service involves the potential to suffer physical injury, which may be severe or disabling. Participation in the Fitness Service is at your own risk with full knowledge of the dangers involved, including the risk of physical injury, injury from equipment use, injury from contact with other dancers, muscle and ligament strains, bruising, aggravation of a pre-existing injury, broken or fractured bones, illness due to the effects of the weather, including high heat and humidity, or even death.
(b) (Pre-existing injury) If you have any pre-existing injury, medical condition, or illness, you must inform us before participating in a Fitness Service. If participating in a Fitness Service might increase your risk of further injury or it is unsafe for you, you must not participate in the Fitness Service. If you participate in the Fitness Service, you participate entirely at your own risk.
(c) (Results not guaranteed) We make no representations or warranties that a Fitness Service will bring about any particular result, outcome, or improvement. You acknowledge and agree that participation in a Fitness Service does not guarantee any particular result or outcome and that your results may differ from other of our clients.
(d) (Not medical advice) All information and recommendations provided by us, including information that is provided by our personnel while providing a Fitness Service, on the website or via email or over the phone, is general in nature and is not intended to be professional advice, a medical diagnosis or treatment of any kind and should not be relied upon as such. Any reliance on or use of such information is entirely at your own risk, and we are not liable for any loss or damage suffered because of or in connection with such reliance.
(e) (Consult medical professional) We highly recommend that you consult a medical professional before participating in any Fitness Service, particularly in circumstances where you have a pre-existing medical condition, illness or injury that may place you at a greater risk of suffering an injury. Pole and aerial workouts can be strenuous on the body, particularly for ligaments and joints. If you have had or have any existing injuries that may be of concern, we strongly encourage you to obtain medical advice and clearance for any activity that may place pressure and tension on your injured region. This is especially important if you have a weakened joint structure due to a past dislocation or if you are recovering from surgery involving your ligaments or tendons. This type of exercise most commonly aggravates lower back, shoulder, wrist and knee injuries. If you have had a dislocation or surgery within the past six months, we will require a medical clearance to participate.
4 PARTICIPANT’S OBLIGATIONS
4.1 CAPACITY AND AGE
(a) You acknowledge and agree that you are:
(i) at least 18 years old; or
(ii) the parent or guardian of a person at least 16 years old.
(b) You warrant that you:
(i) have the legal capacity and are of sufficient age to enter a binding contract with The Pole Gym; or
(ii) are the parent or guardian of the Client over 16 years of age, and you consent to this Agreement on their behalf.
(c) Subject to clause 4.1 if you are a parent or legal guardian entering these Terms on behalf of a participant who is under 18 years of age (Underaged Participant):
(i) you indemnify and hold harmless The Pole Gym for any claim the Underaged Participants attempts to make against us on the basis of a claim that the Underaged Participant is a third party to these Terms (and otherwise indemnify us in accordance with these Terms); and
(ii) you consent to us engaging with the Underaged Participant for the purpose of providing the Fitness Services as set out in these Terms.
(a) You must provide us with all documentation, information and assistance reasonably required for us to provide the Fitness Services.
(b) You must participate in any briefings and introductions as notified by us, including signing any waiver forms and acknowledging The Pole Gym’s studio rules before engaging in any Fitness Services.
(c) If you are the parent or guardian of an Underaged Participant, you must ensure that the Underaged Participant complies with these terms.
4.3 INSTRUCTIONS AND SAFETY
You warrant that you:
(a) will undertake an instructional consultation with our personnel before using any of our rooms (Studio) or engaging in the Fitness Services;
(b) comply with any safety guidelines, instructions and/or rules that our personnel provide to you;
(c) do all things necessary to assist with the completion of an incident report where required by us;
(d) stop participating in any Fitness Services and alert us or our personnel if you have any concerns about your health or safety or if you start feeling dizzy, faint, unwell or feel any unusual pain during the Fitness Services; and
(e) be responsible for your own safety and that of any Underaged Participant for whom you have responsibility.
4.4 HEALTH AND STATE OF THE PARTICIPANT
(a) You acknowledge and agree that the Fitness Services are dance classes with a significant fitness component intended for people with a minimum level of fitness to participate in strenuous exercise and a minimum level of skill for the selected level of Fitness Service. At our absolute discretion, we may refuse to allow you to participate in the Fitness Services if we believe that your skill, fitness, or physical condition renders the Fitness Services unsuitable for you.
(b) You must ensure that you have the necessary skill level for your selected Fitness Service. If you are unaware of the appropriate Fitness Service for your skill level, you must complete a complimentary assessment session with us to determine the Fitness Service best suited to you.
(c) You warrant that you:
(i) do not have a health condition that might have the effect of making it more likely that you will be involved in an accident or injury while participating in the Fitness Services (Condition);
(ii) will notify us immediately if you develop a Condition;
(iii) are aware and agree that if you have a Condition, we may refuse your participation in some or all Fitness Services;
(iv) are aware that the Fitness Services, even when no accident occurs, may involve risk to health;
(v) will not participate in the Fitness Services under the influence of drugs, alcohol, or illicit substances;
(vi) will not participate in the Fitness Services if ill, injured or feeling unwell; and
(vii) will warm-up before participating in the Fitness Services and cool down after the Fitness Services.
4.5 STUDIO USE
(a) You must:
(i) only use the Studio within the terms of your Membership inclusions;
(ii) only use the Studio in the manner for which it is designed and for the purpose for which it is intended;
(iii) only use the Studio in accordance with our instructions, requirements, and policies as provided to you, including our Studio Rules (Studio Rules) as published on our website;
(iv) not use abusive, offensive, or threatening language or behaviour while at the Studio;
(v) at all times, wear clean clothing appropriate to the Fitness Services you are undertaking or as instructed by us from time to time (clothing with offensive or inappropriate images is not permitted); and
(vi) not enter the Studio under the influence of drugs or alcohol;
(b) Without the express written permission of The Pole Gym management, you must not access our facilities:
(i) outside of opening hours;
(ii) when the premises is closed;
(iii) for a different purpose other than those contained within your Membership;
(iv) to bring any other non-permitted persons into the facility; and
(v) to host any private events.
(c) You must not undertake any commercial or professional use of The Pole Gym’s facilities without the express written permission of The Pole Gym management. We may withhold consent at our discretion. This applies to paid or unpaid services that may be rendered for the following activities:
(i) Personal Training/Private Classes
(ii) Small Group Training
(iii) Photography or Videography
(iv) Any other business
(a) You are responsible for your possessions while at the Studio. We will not be liable if any of your possessions are lost and/or stolen at the Studio.
(b) You leave any possessions at the Studio at your own risk.
5 FITNESS SERVICES AND STUDIO AVAILABILITY
5.1 FITNESS SERVICES
The types, styles, and varying skill levels of Fitness Services offered by us including fees and details of inclusions, are as set out on our website from time to time or as communicated to you in writing.
You acknowledge and agree that:
(a) unless directed otherwise, you are required to book your Fitness Services in advance via The Pole Gym’s third-party booking platform, in person at the Studio, or by contacting reception;
(b) the Refunds, Rescheduling and Cancellation policy set out in Clause 8 will apply;
(c) if you have booked a Course:
(i) you will have a guaranteed reserved spot on the time and day for the Fitness Services that you have booked and this will reoccur weekly for the duration of the Course;
(ii) you may attend another session for the specific Course you have booked throughout the week if there is space, however you acknowledge that you are doing so at your own risk and we do not guarantee you a spot in any session other than the time and day you have booked; and
(iii) if you arrive to a Course more than 10 minutes after its scheduled start time or after the warm-up portion of the class is complete, you may not be permitted entry to the class at our discretion.
(d) If you have booked a Casual Session:
(i) you will have a guaranteed a reserved spot in the Casual Session that you have booked; and
(ii) if you arrive to a Casual Session more than 5 minutes after its scheduled start time, you may not be permitted entry and your spot may be offered to someone else. In this event, you will not be entitled to a refund, credit or Alternate Session.
(e) If you have booked an Online Class:
(i) you will require internet access and access to the third-party platform (Zoom);
(ii) bookings close one (1) hour prior to the class start time;
(iii) a link to the Online Class will be emailed to you one (1) hour before the class;
(iv) you must ensure that you have suitable, non-slip floor space on which to participate;
(v) if utilising a pole, you have ensured it is from a reputable supplier, properly installed and safe for use; and
(vi) if utilising any other equipment or furniture as part of this workout you have ensured it is safe and fit for purpose.
(f) if you have booked a Private Lesson:
(i) your booking does not provide you with exclusive access to a studio space unless you have also specifically paid for private studio hire; and
(ii) if you arrive more than 10 minutes late to your Private Lesson your booking may be forfeited at our discretion. If the lesson proceeds, it will end at the original scheduled time and we are not obliged to extend the Fitness Service or offer you a refund, credit or Alternate Session for the time lost
(g) if you have booked a Private Function:
(i) if you arrive late to your Private Function, your event will still end at the original scheduled time and we are not obliged to extend the Fitness Service or offer you a refund, credit or Alternate Session for the time lost.
5.2 WAITLIST FOR CASUAL SESSIONS
(a) When Casual Sessions and Online Classes are fully booked, our third party booking platform allows you to make a reservation on a waitlist to join the Fitness Service if capacity becomes available (Waitlist).
(b) In the event capacity becomes available in a class you have Waitlisted for, you will be sent an email confirming you are successfully booked into the Fitness Service.
(c) To join a Fitness Service from the Waitlist, you must have a Membership for a Casual Session or Online Class available on your Account.
(d) You are responsible for regularly reviewing the live timetable, your Bookings and waitlist queues for changes, and removing yourself from any bookings you are not able to attend.
(a) We publish fees for Fitness Services on our website (Fees).
(b) You must pay us the Fees for the Fitness Services you wish to participate in, at the times and in the method set out on our website or as we notify you. Note that payment of Fees is required upfront at the time of Booking in order for your Booking to be secured.
(d) Payments which have been declined due to lack of funds in your account or technical errors (Failed Payments) will incur a Failed Payment Fee from our Payment Provider. We will then contact you to organise payment of the Failed Payment.
(e) You will not be permitted to participate in the Fitness Services if you have outstanding Fees owing to us.
(f) All Fees on our Website or otherwise advised to you are:
(i) in Australian Dollars; and
(ii) subject to change without notice.
(g) Private functions must be paid in full at the time of booking to secure the event and are non-refundable.
(h) Unless otherwise agreed in writing:
(i) if we issue an invoice to you, payment must be made by the time specified in the invoice; and
(ii) in all other circumstances, you must pay for all Fitness Services before participation.
6.2 ADMINISTRATIVE FEE
We reserve the right to charge you an administrative fee for cancelling or rescheduling a Fitness Service for which you have booked.
6.3 CARD SURCHARGES
We reserve the right to charge credit card surcharges in the event payments are made using a credit, debit, or charge card (including Visa, MasterCard or American Express).
6.4 PAYMENTS OTHER THAN FEES
You will be liable for and agree to pay the costs to repair or replace all or any part of the Studio or equipment that is damaged, and such damage has been caused by:
(a) you or your guests;
(b) the breach of these Terms by you or your guests; and/or
(c) your failure to maintain the Studio in accordance with your obligations under these Terms or otherwise in accordance with our directions.
Unless otherwise indicated, amounts stated on the website include GST. In relation to any GST payable for a taxable supply, you must pay the GST subject to us providing a tax invoice.
7 THIRD PARTY GOODS AND SERVICES
(a) Any Service that requires us to acquire goods and services from a third party on your behalf may be subject to the terms & conditions of that third party (Third Party Terms), including ‘no refund’ policies.
(b) You agree to such Third Party Terms and agree to familiarise yourself with any Third Party Terms applicable to such goods and services.
8 REFUNDS, RESCHEDULING AND CANCELLATIONS
You acknowledge and agree:
(a) fees are non-refundable for change of mind. The only exception to this is the Cooling Off policy outlined in Clause 8.1(d);
(b) you are not entitled to a refund, credit or Alternate Session where a Fitness Service is unused or missed by you. The only exception to this is the Permanent Sickness or Physical Incapacity policy outlined in Clause 8.1(e);
(c) our Courses are considered single unit products and we are unable to offer your position in a Course to another client once your Course has commenced. Accordingly, we cannot refund Course fees after the first scheduled class;
(d) you are entitled to a 48-hour Cooling Off (Cooling Off) period from the time of Booking a Fitness Service. During this time, if you notify us in writing that you wish to cancel your Membership, any unused fees paid by you will be refunded; and
(e) you are entitled to a refund of any unused fees if you cancel your Membership due to permanent sickness or physical incapacity (Permanent Sickness or Physical Incapacity). You must notify us in writing and provide a current certificate from a qualified medical practitioner stating that you cannot utilise any Fitness Services because of your permanent illness of physical incapacity.
8.2 RESCHEDULING AND CANCELLATIONS
(a) We may need to cancel or reschedule our Fitness Services, or temporarily limit the availability of our facilities at any time, including because of any decision of a government authority in relation to COVID-19 or any threat of COVID-19 beyond our reasonable control; for repairs, cleaning, maintenance, private functions or public holidays. We will notify you as soon as possible if a Fitness Service or access to our facilities is impacted (Notification);
(b) Fitness Services such as Casual Sessions, Online Classes and Courses are subject to minimum booking numbers and may be cancelled if minimum numbers are not met;
(c) If a Fitness Service you have booked is cancelled by us, we will provide you with a Notification and use our best endeavours to place you in an Alternate Session. If the Alternate Session is not suitable, you will have the option to transfer the Fees paid for the Fitness Service to another Fitness Service or request a refund for the unused fees.
(d) Any Fitness Services missed by you will be forfeited and we will not be required to reschedule such Fitness Services or provide an Alternate Session;
(e) Casual Sessions must be cancelled no later than 6 hours before the class start time. If you do not cancel your booking before the 6-hour window your booking will be considered used, and you will not be entitled to a refund, credit or Alternate Session;
(f) You agree to provide at least 24 hours written notice to The Pole Gym if you require any changes to a Private Lesson. Failure to provide 24 hours written notice may result in the Private Lesson, and associated Fees, being forfeited at our discretion.
(g) Changes to Private Functions require written notice to The Pole Gym at least 48 hours prior to the event.
9 TRANSFER OF BOOKINGS
You acknowledge and agree that any Fitness Service, whether a Private Session, Casual Session, or booking made as part of a Course, may not be transferred or sold to another person. All Fitness Services and credits relating to those Fitness Services are for your use only.
10 PHOTOS AND VIDEOS
(a) We may photograph or record at any time within the premises (Media), including within Fitness Services. It is possible you will appear in our Media.
(b) Unless you provide written notice to us stating otherwise, you hereby consent to and acknowledge that:
(i) we may use the Media and your image/s for the purpose of marketing and promotional material, including using the Media on our website, social media pages and other channels;
(ii) you assign (including as a present assignment of future copyright) and transfer to us all right, title and interest (including intellectual property rights) in and to the Media, free from any encumbrances or other security interests, including all rights, claims, demands, causes of action, rights of action past, present or future arising out of, or in relation to, the Media; and
(iii) you release us from, and indemnify us against, all claims, actions, demands and liabilities in relation to the creation of Media, which you may have against us.
(c) You may photograph or record within our facilities and Fitness Services, provided you have the prior consent of any participants that feature in your footage (Client’s Media).
(d) You are not permitted to film instructor breakdowns and teaching points without the express prior consent of the instructor.
11 INTELLECTUAL PROPERTY
(a) You will not acquire Intellectual Property Rights in The Pole Gym IP under these Terms or as part of receiving a Fitness Service.
(b) In this clause 11:
(i) “The Pole Gym IP” means the Material produced, owned or licenced by The Pole Gym prior to or developed in the course of providing the Fitness Services, either alone or in conjunction with you or others, and any Intellectual Property Rights attaching to that Material.
(ii) “Intellectual Property Rights” means all present and future intellectual and industrial property rights throughout the world, including copyright, trademarks, designs, patents or other proprietary rights, confidential information and the right to have information kept confidential, or any rights to registration of such rights whether created before or after the time of booking, whether registered or unregistered.
(iii) “Material” means tangible and intangible information, documents, reports, drawings, designs, software (including source and object code), inventions, concepts, data and other materials in any media whatsoever.
(a) To the maximum extent permitted by applicable law, all express or implied representations and warranties (whether relating to fitness for purpose, performance, or otherwise) not expressly stated in these Terms are excluded.
(b) Nothing in these Terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.
13 LIABILITY AND INDEMNITY
13.1 LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, our maximum aggregate liability to you in respect of loss or damage sustained by you under or in connection with these Terms is limited to the total Fees you paid to us in the 3 months preceding the first event giving rise to the relevant liability.
You agree at all times to indemnify and hold harmless The Pole Gym and its officers, employees, agents and contractors (“those indemnified”) from and against any loss (including reasonable legal costs) or liability incurred or suffered by any of those indemnified where such loss or liability was caused or contributed to by you or your:
(a) breach of these Terms; or
(b) negligent, fraudulent, or criminal act or omission.
13.3 CONSEQUENTIAL LOSS
We will not be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with these Terms or any goods or services provided by us, except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth) or any other applicable law.
13.4 LIMITATION OF LIABILITY AND INDEMNITY FOR PERSONAL INJURY AND DEATH
Despite any other provision of these Terms and to the maximum extent permitted by law, we are not liable to you for any personal injury or death suffered by you for any reason, including injury caused by or because of another client, whether accidental or malicious. In addition, you indemnify and hold harmless The Pole Gym and its officers, employees, agents, and contractors (“those indemnified”) from and against any loss (including reasonable legal costs) or liability incurred or suffered by any of those indemnified for any personal injury or death caused by you to another client whether accidental or malicious.
14 DISPUTE RESOLUTION
(a) If a dispute arises out of or relates to this Agreement, the parties to the dispute agree to try to settle the dispute directly or by mediation before having recourse to arbitration or litigation.
(b) Prior to referring a matter to mediation pursuant to this clause, the parties shall:
(i) notify the other party that a dispute has arisen and provide details of the dispute;
(ii) genuinely attempt to resolve the dispute within 14 days (or such other period as is agreed between the parties) from the date of receiving such notice; and
(iii) in good faith explore the prospect of mediation.
15 FORCE MAJEURE
(a) If we become unable, wholly or in part, to carry out an obligation under these Terms (other than an obligation to pay money) due to a Force Majeure Event, we must give you prompt written notice of:
(i) reasonable details of the Force Majeure Event; and
(ii) so far as is known, the probable extent to which we will be unable to perform or be delayed in performing its obligation.
(b) Subject to compliance with clause 15, the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.
(c) We will use our best endeavours to overcome or remove the Force Majeure Event as quickly as possible.
(d) For the purposes of these Terms, a ‘Force Majeure Event’ means any:
(i) act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion, or fire;
(ii) strikes or other industrial action outside our control;
(iii) war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
(iv) any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond our reasonable control, to the extent it affects our ability to perform our obligations.
(a) A notice or other communication to a party under these Terms must be in writing and delivered via email to the other party, to the email address most regularly used by the parties to correspond (Email Address). The parties may update their Email Address by notice to the other party.
(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given 24 hours after the email was sent or when replied to by the other party, whichever is earlier.
17.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. You irrevocably waive any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
Any term of this agreement that is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
17.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
17.6 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
(a) (singular and plural) words in the singular include the plural (and vice versa);
(b) (gender) words indicating a gender include the corresponding words of any other gender;
(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(f) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(g) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(i) (includes) the word “includes” and similar words in any form is not a word of limitation;
(j) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and
(k) (currency) a reference to $, or “dollar”, is to Australian currency, unless otherwise agreed in writing.
TYPES OF PERSONAL INFORMATION WE COLLECT
The personal information we collect may include the following:
- mailing or street address;
- email address;
- social media information;
- telephone number and other contact details;
- date of birth;
- credit card or other payment information;
- sensitive information (such as health information) as set out below;
- information about your business or personal circumstances;
- information in connection with client surveys, questionnaires and promotions;
- your device identity and type, I.P. address, geo-location information, page view statistics, advertising data and standard web log information;
- information about third parties; and
- any other information provided by you to us via our website or our online presence, or otherwise required by us or provided by you.
HOW PERSONAL INFORMATION IS COLLECTED
We will collect your personal information in a lawful and fair way. We will only collect your personal information where you have consented to it, or otherwise in accordance with the law.
How we collect information from you
We may collect personal information where you:
- contact us through our website;
- receive goods or services from us;
- submit any of our online inquiry or waiver forms;
- communicate with us via email, telephone, SMS, social applications (such as LinkedIn, Facebook or Instagram) or otherwise;
- interact with our website, social applications, services, content and advertising; and
- invest in our business or enquire as to a potential purchase in our business.
How we collect information from third parties
Where possible, we collect your personal information directly from you. However, there may be occasions when we collect personal information (including sensitive information) about you from someone else like a third party booking platform provider.
How you provide information for someone else
How we collect information from cookies
We may also collect personal information from you when you use or access our website or our social media pages. This may be done through use of web analytics tools, ‘cookies’ or other similar tracking technologies that allow us to track and analyse your website usage. Cookies are small files that store information on your computer, mobile phone or other device and enable and allow the creator of the cookie to identify when you visit different websites. If you do not wish information to be stored as a cookie, you can disable cookies in your web browser.
We may use Google Analytics to collect and process data, including when you use third party websites or apps. To find out more see How Google uses data when you use our partners’ sites or apps.
USE OF YOUR PERSONAL INFORMATION
We collect and use personal information for the following primary purposes:
- to provide goods, services or information to you;
- for record keeping and administrative purposes;
- to provide information about you to our contractors, employees, consultants, agents or other third parties for the purpose of providing goods or services to you;
- to improve and optimise our service offering and customer experience;
- to comply with our legal obligations, resolve disputes or enforce our agreements with third parties;
- to send you administrative messages, reminders, notices, updates, security alerts, and other information requested by you; and
- to consider an application of employment from you.
We may also use your personal information for:
- secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use;
- such purposes where we reasonably believe that use of your personal information is necessary to lessen or prevent a serious threat to the life, health or safety of any individual, or to public health or safety, and it is unreasonable or impracticable to obtain your consent;
- any other purpose for which we receive consent from you; or
- any other purpose which is permitted or required under applicable privacy laws.
HOW WE DISCLOSE YOUR PERSONAL INFORMATION
We respect your privacy, and we will take reasonable steps to keep your personal information confidential and protected. We may disclose your personal information to:
- other health care providers we refer you to in assessing your suitability for participation in our programs;
- our professional advisors such as lawyers, accountants and auditors;
- our related entities; or
- any third parties you have consented personal information to be disclosed to.
We may also disclose personal information to third party contractors as required for us to provide our goods and services to you, such as cloud-service providers, booking platform service providers, IT professionals, marketing agencies and debt collection agencies.
We take care to work with such third parties who we believe maintain an acceptable standard of data security and require them not to use your personal information for any purpose except for those activities we have asked them to perform on our behalf.
We will not otherwise disclose your personal information unless:
- you have consented to us disclosing your personal information for particular circumstances;
- as needed in an emergency or in investigation suspected criminal activity;
- we are required to disclose under a subpoena, court order or other mandatory reporting requirements;
- we reasonably believe that disclosure of your information is necessary to lessen or prevent a serious threat to the life, health or safety of any individual, or to public health or safety, and it is unreasonable or impracticable to obtain your consent;
- it is reasonably necessary for the establishment, exercise or defence of a legal claim; or
- it is otherwise authorised or required by law.
Collection of sensitive information
We may collect sensitive information about you during the course of providing you our goods and services. We will only collect this sensitive information where you consent to such collection and either directly provide us with this information or indirectly through a third party booking platform.
Types of sensitive information we collect
The sensitive information we collect may include the following:
- health information, medical history and reports, including information about any present and past injuries, medications you are currently taking and allergies you have to medication generally;
- family medical history;
- information about your lifestyle and exercise habits;
- weight and Body Mass Index;
- private health fund and private health insurance cover details;
- Medicare number, healthcare identifiers or concession card or other entitlement details; and
- any other sensitive information provided by you or a third party to us via our website or platforms, or otherwise provided by you or a third party to us.
How we use your sensitive information
Your sensitive information will only be used for the purpose of:
- providing you with our goods and services;
- complying with our legal obligations, resolving disputes or enforcing our agreements with you;
- sending you messages, reminders, notices, updates, security alerts, and other information requested by you; or
- any other purpose which is permitted or required under applicable privacy laws.
How we disclose your sensitive information
Your sensitive information will only be disclosed to third parties for the purpose of:
- discussing your medical history or health information with one of your healthcare providers in assessing your fitness for participating in our programs;
- storage of your sensitive information with our third party platform providers; or
- any other purpose which is permitted or required under applicable privacy laws.
How you can withdraw consent
If you wish to withdraw your consent to our collection, use or disclosure of your sensitive information, please contact us using the contact details set out below. We will deal with all such requests within a reasonable timeframe.
PHOTOGRAPHS AND IMAGES
- From time to time, we may also take photographs or videos of our classes and programs to be reproduced and displayed on our website, social media platforms and any applicable advertising material for the purposes of marketing our goods and services (Purpose). Our photographs and videos may include images of you (Photos) and you consent and agree that:
- we own all rights (including intellectual rights) in all Photos;
- to the extent that you may own any, you assign all present and future copyright or any other intellectual property rights owned by you in the Photos to The Pole Gym;
- The Pole Gym may use and authorise the use of the Photos in whole or part for the Purpose; and
- if you are signing this agreement on behalf of a minor, you must have the consent of that minor.
- You release and indemnify us, our assignees, and licensees from and against any claims arising from any breach of this agreement. You waive any moral rights you may have in the Photos and consent to us and any of our successors, assignees and licensees, doing all or any acts or omissions which may infringe such moral rights.
We may disclose your personal information and sensitive information to cloud-providers, management software providers, contractors and other third parties located inside or outside of Australia. If we do so, we will take reasonable steps to ensure that any overseas recipient deals with such personal information in a manner consistent with how we deal with it. You further acknowledge that storage of your personal information and sensitive information is subject to the terms and conditions and privacy policies of these third parties (Third Party Terms) and you agree to familiarise yourself with all applicable Third Party Terms.
We also may use Google Analytics to track web traffic information which is operated by Google which stores information across multiple countries.
When you communicate with us through a social media service such as Facebook or Twitter, the social media provider and its partners may collect and hold your personal information overseas.
We may at times send you marketing communications which will be done in accordance with the Spam Act 2003 (Cth) (Spam Act).
If we do, we may use email, SMS, social media, phone or mail to send you direct marketing communications.
Where consent is needed, we will ask you for your consent before sending you marketing communications, except where you:
- have explicitly opted-in to receiving email marketing from us in the past; or
- were given the option to opt-out of email marketing when you initially signed up for one of our platforms and you did not do so.
We take reasonable steps to ensure your personal information is secure and protected from misuse or unauthorised access. Our information technology systems are password protected, and we use a range of administrative and technical measures to protect these systems. However, we cannot guarantee the security of your personal information.
Our website may contain links to other websites. Those links are provided for convenience and may not remain current or be maintained. We are not responsible for the privacy practices of those linked websites and we suggest you review the privacy policies of those websites before using them.
REQUESTING ACCESS OR CORRECTING YOUR PERSONAL INFORMATION
If you wish to request access to the personal information we hold about you, please contact us using the contact details set out below including your name and contact details. We may need to verify your identity before providing you with your personal information. In some cases, we may be unable to provide you with access to all your personal information and where this occurs, we will explain why. We will deal with all requests for access to personal information within a reasonable timeframe.
If you think that any personal information we hold about you is inaccurate, please contact us using the contact details set out below and we will take reasonable steps to ensure that it is corrected.
If you wish to complain about how we handle your personal information held by us, please contact us using the details set out below including your name and contact details. We will investigate your complaint promptly and respond to you within a reasonable timeframe.
Email: [email protected]
I/We hereby authorise Global Payments Australia 1 Pty Ltd ACN 601 396 543 (Direct Debit User ID number 342190, 342191, 428198) (referred to as “Ezidebit”) to make periodic debits on behalf of the Business (referred to as “the Business”) as indicated on the attached Direct Debit Request which incorporates this DDR Service Agreement.
I/We acknowledge that Ezidebit is acting as a Direct Debit Agent for the Business and that Ezidebit does not provide any goods or services (other than the direct debit collection services) to me/us for the Business pursuant to the Direct Debit Request and has no express or implied liability in relation to the goods and services provided or to be provided by the Business or the terms and conditions of any agreement that I/We have with the Business.
I/We acknowledge that the debit amount will be debited from my/our nominated card or bank account according to the terms and conditions of my/our agreement with the Business and the terms and conditions of the Direct Debit Request (and specifically the Debit Arrangement including the Fees/Charges in the Direct Debit Request).
I/We acknowledge that the details of my/our nominated card or bank account should be verified (eg: against a recent card or bank statement) to ensure accuracy of the details provided and I/we will contact my/our financial institution if uncertain of the accuracy of these details.
I/We acknowledge that is my/our responsibility to ensure that there are sufficient available/cleared funds in the nominated account by the due date to enable the direct debit to be honoured on the due date for the debit. Direct debits normally occur overnight, however transactions can take up to 3 banking business days depending on the financial institution. Accordingly, I/we acknowledge and agree that sufficient funds will remain in the nominated account until the debit amount has been debited from the account. If there are insufficient funds available, I/we agree that Ezidebit will not be responsible for any fees and charges that may be charged by either my/our or its financial institution.
I/We acknowledge that there may be a delay in processing the debit if:
1. a payment request is received by Ezidebit after Ezidebit’s usual cut off time, being 3:00pm Qld time, Monday to Friday;
2. a payment request is received by Ezidebit on a day that is not a banking business day in Sydney, NSW and Melbourne, VIC; or
3. there is a public or bank holiday on the day when the debit transaction is due to be processed or on any of the following days until the debit is processed.
Any payment that falls due on any of the above will be processed on the next business day.
I/We authorise Ezidebit to vary the amount of the payments from time to time upon receiving instructions from the Business of a variation provided for within my/our agreement with the Business or as may be agreed by me/us and the Business. I/We do not require Ezidebit to notify me/us of the variation to the debit amount.
I/We acknowledge that Ezidebit is to provide at least 14 days’ notice if it proposes to vary any of the terms and conditions of the Direct Debit Request (including this DDR Service Agreement) including varying the Debit Arrangement.
I/We will contact the Business if I/we wish to alter or defer the Debit Arrangement. I/We acknowledge that any request by me/us to stop or cancel the Debit Arrangement will be directed to the Business.
I/We acknowledge that any dispute regarding a debit will be directed to the Business and/or Ezidebit. If no resolution is forthcoming, I/we will contact my/our financial institution.
I/We acknowledge that if a debit is returned by my/our financial institution as unpaid, a failed payment fee (as referred to in the Debit Arrangement) may be payable by me/us to Ezidebit. I/We will also be responsible for any fees and charges applied by my/our financial institution for each unsuccessful debit attempt together with any collection fees, including but not limited to any solicitor fees and/or collection agent fee as may be incurred by Ezidebit.
I/We authorise Ezidebit to attempt to re-process any unsuccessful payments as advised by the Business.
I/We acknowledge that certain fees and charges (including setup, variation, SMS or processing fees) may apply to the Direct Debit Request and may be payable to Ezidebit and agree to pay those fees and charges to Ezidebit.
“Ezidebit” may appear as the merchant for a payment from my/our credit card (including a debit or charge card). I/We acknowledge and agree that Ezidebit will not be liable for any disputed transactions resulting from the supply or non supply of goods and/or services and that all disputes will be directed to the Business (as Ezidebit is acting only as a Direct Debit Agent for the Business). The Transaction Fee for a debit to a Credit Card calculated as a percentage may be subject to a minimum amount.
I/We hereby irrevocably authorise, direct and instruct any third party who holds/stores my/our personal information (relating to the Business and this Direct Debit Request) to release and provide such information to Ezidebit.
1. Ezidebit to verify with my/our financial institution and/or correct, if necessary, details of my/our account; and
2. My/our financial institution to release information allowing Ezidebit to verify my/our account details.
Newstead, QLD 4006
Ph: (07) 3124 5500
- Equipment to be changed over by authorised staff only (please ask at reception if you need something changed)
- Crash mats must be used at all times
- Jewellery must be removed before use – especially rings and watches with buckles
- No clothing with zips allowed (they damage the equipment)
- Do not swing on the apparatus
- Keep rosin/chalk in the buckets as much as possible, and clean up any spillage on the floor after use
- Use metho to wipe down the mats and lyras after use. No metho on the tissus
- No shoes or food/drink on the mats
- Only 1 person on a Lyra or Tissu at a time