Bootcamp Terms & Conditions
| Consort Fitness, Company, we, us, our |
Means Consort Fitness Pty Ltd |
| You, your |
Means the member of Consort Fitness |
| The Bootcamp |
Means the Bootcamp where you registered |
| Headquarters |
Head Office Factory 3 - 385 McClelland Drive, Langwarrin 3910 |
| Registration , Agreement, Application |
Means the on-line registration through this website and attendance to your first session |
| Minimum Term |
Means the term specified in the registration |
| Rules |
Means the rules regulating the use of
equipment, training hours, behaviour whilst training |
Section ALPHA - Terms
1. CONTRACT FORMATION - A contract arises between you and us once registration and payment has been accepted. This Contract will be governed by the laws of Victoria.
2. ACCEPTANCE BY CONSORT FITNESS OF THIS CONTRACT - It is important that the terms of the Contract between you and us are clear and for this reason, if there is any conflict between what is set out in this information and anything you have been told by an instructor/member or over the telephone, these terms and conditions will prevail. Failure by us to enforce any of our rights at any time for any period shall not be construed as a waiver of those rights.
3. MEMBERSHIP ENTITLEMENT - As soon as a Contract is formed (in accordance with Paragraph 1- Contract Formation), acceptance of this Contract by us which we are not obliged to do (please refer to Paragraph 5 - Right of Admission), you will be bound by these Membership Terms not dependent on the amount of times you attend training. As a member you are entitled to train only during the specified times and in the Bootcamp locations as set out in your registration and only for the term of this membership subject to meeting these Membership Terms and the rules applicable. Memberships are non-assignable, non-transferable and non-refundable except as permitted in these Membership Terms.
4. MINIMUM AGE - Membership is limited to persons who are at least 16 years of age. NOTE: You must be at least 16 years of age to participate in weight-based group exercise or resistance training.
5. RIGHT OF ADMISSION - We reserve the right to refuse applications / memberships to any person, including current members, and have the right to cancel your membership without warning or notice for inappropriate behaviour that may be deemed threatening or harassing, and includes damaging equipment and perceived risks, including but not limited to, the use of illegal or performance enhancing drugs. Warnings will be issued for any breach of these Membership Terms & Conditions or failure to comply with Rules or for any other reason we may decide. Should a second warning be required, then immediate cancellation of your membership will occur.
Section BRAVO - Registration Terms
6. NON REGISTRATION - If a member fails to register for a Bootcamp and turns up on any Day they will be refused participation in that class. Most classes are full on day one so a new or old member intending on attending the class without registering will impact on the class size and our registered member’s experience. If the member wishes to take part in the next available class they will have to register through the Consort Fitness website, if there is enough room in the class they will be permitted to attend.
Refusal to take part in a session often offends so ensure you have done the right thing by us and we will do the right thing by you.
7. LATE REGISTRATION - If a member registers for a Bootcamp after the cut off day (10pm on the last working prior to the Bootcamp start date) the member will be treated as though they had not registered at all, (refer to Paragraph 6 - Non Registration).
8. NON ATTENDANCE - If a member registers for a Bootcamp, does not attend the Bootcamp and does not inform the Bootcamp Coordinator via e-mail why they have not attended, the member will be given a warning, If this happens on more than one occasion the member will be refused membership for a period of 12 months.
9. REGISTER FOR THE WRONG BOOTCAMP - If a member makes a mistake and registers for the wrong Bootcamp, Consort Fitness management will treat the mistake as though the member had not registered at all (refer to Paragraph 6 - Non Registration). We run 10 Bootcamps per year and they are numbered 1 through 10. Check the Calendar for the right date and Bootcamp number before you go to the registration page. An e-mail will be sent back to you once you have registered so make sure you check the details are correct, if there is any mistakes / issues regarding the registration bring it to the attention of Bootcamp Coordinator via e-mail. If you do not receive an e-mail back then you entered the wrong e-mail address and you need to re-register. Make sure you register for the right Bootcamp, your mistake could cost another member a position in the Bootcamp.
Section CHARLIE – Payment Terms
10. PAYMENT – Consort Fitness has many options and payment plans including Cash, Cheque, EFT, Credit Card and Direct Debit. To view these options and plans view Bootcamp Pricing. Once you have decided on a plan and we have accepted this you are required to have all payments up to date as set out in Section Charlie.
11. PAYMENT OF FEES -
Cash or Cheque: Members intending on paying by Cash or Cheque need to have their fee paid by the start of their first session. Failure to do so and the member will be unable to take part in that session. 12. PAYMENT OF FEES - Electronic Funds Transfer: To EFT for a Bootcamp your payments must be received by 10pm on the last working day prior to your Bootcamp start date. Once you register you will be sent banking details, Ensure your Name is on the EFT transaction along with your location and time if there is enough room, if you don’t have the ability to put any text on the transaction you must either print out a receipt and hand it in on day 1 or e-mail us the date, time and bank for the transaction along with any other details you may have for the payment. Some banks take a few days to clear the payment so ensure you don't leave it to the last minute.
13. PAYMENT OF FEES -Credit Card: Payments can be for one off payments for example 1 Bootcamp or for continued Direct Debit payments for 26 or 52 weeks (refer to Paragraph 14 - Payment of Fees - Direct Debit). To pay via a credit card payment simply download the Direct Debit Form, fill in the required information and return the form (preferably by fax) to Consort Fitness 5 days prior to your Bootcamp start date.
14. PAYMENT OF FEES - Direct Debit - The only long term contract within Consort Fitness, the Direct Debit option is only available for a minimum of 26 (Five Bootcamps) or 52 (Ten Bootcamps) week periods. To apply for Direct Debit simply download the Direct Debit Form and fill in all the appropriate details from the guidelines below:
52 week Direct Debit
- Must be a minimum of 52 weeks
- $30.00 per week, $60.00 per fortnight or $120.00 4 weekly only
- Includes 10 Bootcamps
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26 week Direct Debit
- Must be a minimum of 26 weeks
- $35.00 per week or $70.00 per fortnight only
- Includes 5 Bootcamps
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15. MONEY OUTSTANDING/NO ACCOUNT DETAILS - If any amount payable for your membership is not paid on the due date, attendance to the Bootcamp will be suspended until such time as payments are up to date. All fee’s need to be cleared by the last working day (usually a Friday) prior to your registered Bootcamp start date unless paying by cash or cheque. You can arrange a specific payment plan with Consort Fitness by contacting via e-mail info@consortfitness.com.au outlining your request which will be assessed on a case by case basis.
16. CANCELLATION / TERMINATION WITHIN MINIMUM TERM FOR MEDICAL OR RELOCATION REASONS: DIRECT DEBIT BOOTCAMPS -You can only cancel your membership prior to the expiry of the Minimum Term if you become medically incapacitated or if you relocate to an area not within 30 kilometres of a Consort Fitness Bootcamp. For cancellation due to medical incapacity or relocation, you will only be permitted to cancel your membership if you produce supporting documentation to our satisfaction. In the case of medical reasons, by a qualified medical practitioner certifying that you are permanently sick or incapacitated from undertaking any exercise regime for a period of 12 months or the remaining term of your membership, whichever is the longer and in the case of relocation, by a real estate agent or similar agent certifying your relocation. In the case of a Direct Debit you payment will be ceased within 14 days. The final refund is determined by the Bootcamp Coordinator and is non negotiable.
17. CANCELLATION / TERMINATION WITHIN MINIMUM TERM FOR OTHER REASONS - If you wish to cancel your Direct Debit or Bulk Buy membership for any other reason before the minimum term of your membership, you may do so by written notice to us.
In the case of a Direct Debit a $150.00 cancellation fee will apply.
18. CANCELLATION / TERMINATION WHEN CHANGES MADE TO TERMS & CONDITIONS OR WE BREACH OUR OBLIGATIONS - You may end your contract at any time if we tell you we are going to change or add to these Membership Terms and Conditions, Bootcamp Pricing or we cancel your Location and Time and if we are going to change the membership fees applicable to your membership which adversely affects you. Proof to this effect may be requested. Where we are in breach of our obligations under your contract and we have not remedied that breach within a reasonable time after you have brought it to our attention in writing, you can end your contract at any time by giving us the relevant notice outlined in the paragraph previous to this.
19. REFUNDS - You have a “Guarantee' period which commences on day 1 of your First Bootcamp, and will end on the commencement of session 2. We understand that this training may not be for everyone, this allows a money back guarantee to you.
20. CASUAL SESSIONS -
Casual sessions are available if you know you can't attend all your Bootcamp sessions due to work or a holiday. Simply detail what sessions you can make in the notes section when you register for example only able to train Monday and Friday.
For casual sessions view Bootcamp Pricing.
21. MULTIPLE TRAINING SESSIONS -
Members can attend more than 3 sessions per Bootcamp week for an additional fee. Members on a Direct Debit plan must pay the additional $50.00 fee before 10pm on the last working day before the Bootcamp start date, cash or cheque payments are made upon the first session of the Bootcamp.
Section DELTA – Attendance
22. Upon registration members acknowledge that they are aware that they are required to attend each Bootcamp session 5 minutes before the scheduled start time as detailed in the Timetables
section of the website.
23. 3 STRIKES POLICY - By registering members acknowledge that they do so under the guidelines of the 3 Strikes Policy listed below:
- If you are late or miss 1 session (must have a good reason) without informing your Instructor or the Bootcamp Coordinator you will be given your first Strike
- If you are late or miss another session without informing your Instructor or the Bootcamp Coordinator, Strike 2
- If you are late or miss a 3rd session your membership will be cancelled you will not be able to continue with that Bootcamp. No refund applies. STRIKE 3
- If you are late and have not notified your trainer, do not turn up to the session because you will be told to leave.
- The option of making these sessions up is available; conditions apply so contact Consort Fitness to arrange.
24. WHY A 3 STRIKES POLICY?
- Bootcamp training is group training and not personal training therefore others must be considered. If you are looking for personal training please contact Consort Fitness. Having consideration for others is not only the right thing to do but it is expected.
- If you arrive late, miss a worm up and expect to take part in the session an instructor are is then required to ensure you have a sufficient warm up like other members. This is not possible as the rest of the group should not suffer for your indiscretion.
- If you don’t warm up properly the risk of injury is increased and an injury may occur.
- Missing sessions will not help in a members quest for an increase in health and fitness, which coincidently is what we are paid to achieve for each individual.
- Your results are a direct reflection on our business. If you think that at the end of a Bootcamp you did not have success, yet came to only ½ or ¾ of sessions, YOU are to blame. We are trainers, not school principles chasing kids who are ‘wagging’.
- Safety is always our number one priority read our 7 Guarantees, if you cannot have a regular routine in training, when the intensity does go up with each session you will not be prepared physically. This is our main reason for enforcing the 3 Strike Policy.
- We will not be held accountable for injuries or issues you have if you are not following our education, training, structure and program to the fullest. We have put them in place for your well being and health and fitness success.
- We will not beat around the bush to feed ego’s if you have stuffed up / ignored / just plain lazy / don’t care.
- We have an obligation to the whole group and the individuals within the group. Not individuals outside the group running theire own routines and not considering others.
- You are required at the training site a minimum of 5 minutes before class starts.
25. MAKING UP SESSIONS - There is a possibility for members to make sessions up if they know they are going to miss a particular sessions or sessions within a Bootcamp. This is only available at the time of non attendance notification to the Bootcamp Coordinator and is subject to Bootcamp Coordinator approval. Otherwise the Casual Sessions Policy (see section 21 -Casual Sessions) is applied. Making up sessions does not carry over from 1 Bootcamp to the next.
Section ECHO - Personnel Details
26. COMPLAINTS & FEEDBACK – Consort Fitness sees both complaints and feedback as an important part of delivering you the best package we possibly can. We will endeavour at all times to assist you with any concerns you may have. To do this both effectively and efficiently, we have empowered our Bootcamp Instructors to assist you with any basic queries. For any business related issues the Bootcamp Coordinator is the most appropriate person to address any issues. There is also the Feedback Form available if you wish to put pen to paper.
27. The initial feedback is always directed immediately to the Bootcamp Co-ordinator whose role it is to contact you within a week (where possible and if required) to discuss or resolve. Should you feel that you would like it addressed further, you can then put your complaint in writing and forward it to the Consort Fitness Advisory Board at PO Box 11109, Frankston VIC 3199. The complaint will then be reviewed by a panel of staff and a resolution/response sent back to you in writing.
28. CHANGE OF DETAILS - You must keep us informed of any change of address, email address, contact numbers and any other information relevant to your membership.
29. IMAGE - By registering for your Bootcamp you consent to us using your image in any promotion or other material in relation to the business. If you do not wish to have your image used by Consort Fitness please indicate so in your registration.
30. YOUR PHYSICAL CONDITION - You warrant and represent on the date of the Contract, and repeat such warranty and representation each time you train with us, that you are in good physical condition and that you know of no medical or other reason why you are not capable of engaging in active or passive exercise and that such exercise would not be detrimental to your health, safety, comfort or physical condition. Consort Fitness staff and many contractors are not medically trained and are therefore not qualified to assess whether you or your guest are in good physical condition and/or that you or your guest can engage in active or passive exercise without detriment to your or their health, safety, comfort or physical condition. We strongly advise you take expert advice prior to commencing any exercise program if you are in any doubt about your or your guest's ability to engage in active or passive exercise. You shall not train with us whilst suffering from any infections or contagious illness, disease or other ailment or whilst suffering from any physical ailment such as open cuts or sores or minor infections where there is a risk, however small, to other members and guests.
Section FOXTROT - Damages/Injury
31. DAMAGES/PERSONAL INJURY
VICTORIA WARNING ONLY
WARNING UNDER THE FAIR TRADING ACT 1999 -
Under the provisions of the Fair Trading Act 1999 several conditions are implied into contracts for the supply of certain goods and services. These conditions mean that the supplier named on this form is required to ensure that the recreational services it supplies to you are - rendered with due care and skill; and as fit for the purpose for which they are commonly bought as it is reasonable to expect in the circumstances; and reasonably fit for any particular purpose or might reasonably be expected to achieve any result you have made known to the supplier. Under section 32N of the Fair Trading Act 1999, the supplier is entitled to ask you to agree that these conditions do not apply to you. If you sign the Contract, you will be agreeing that your rights to sue the supplier under the Fair Trading Act 1999 if you are killed or injured because the services were not rendered with due care and skill or they were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in these Membership Terms & Conditions. NOTE: The change to your rights, as set out in these Membership Terms & Conditions, does not apply if your death or injury is due to gross negligence on the supplier's part. "Gross negligence" is defined in the Fair Trading (Recreational Services) Regulations 2004.
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