Terms & Conditions

(‘Terms’)

These Terms will apply to all our Services and use of the fitness facility at ISW. If these Terms vary from anything you are told at the Fitness Facility, these Terms will prevail, unless varied in writing. These Terms also regulate your rights and our obligations in important ways. By signing up for our Memberships and Services, you agree to be bound by these Terms.

DEFINITIONS

- 'ISW’, ‘we’, ‘us’ means Ryan Edwards t/a Inspire Strength and Wellness (ABN 788 789 91866) at 6 Jervois St Albert Park, South Australia (the ‘Fitness Facility’), including all directors and employees from time to time.

- ‘Member’ ‘you’ means an individual who has signed up for a Membership and is using the Services.

- ‘Membership’ means the individual membership program a Member has signed up for.

- ‘Membership Fee’ means the weekly fee payable for the Membership inclusive of any Payment Provider administrative and sign on fees.

- ‘Services’ includes, personal training, coaching, provision of private and group sessions, access to gym facilities and any other services that may be offered from time to time.

PACKAGES, MEMBERSHIPS AND HOLD SUSPENSION PERIODS

Membership Packages and Terms

ISW offers a range of personal training, semi-private training, and group class packages and memberships, which may vary from time to time and will be published on our Website.

Some membership packages and challenges are subject to a fixed expiry date, which will be clearly stated at the time of purchase. Expiry dates are final and strictly enforced.

Memberships are non-transferable and non-refundable. This includes any special offers or promotional pricing that may be made available from time to time. No adjustments or refunds will be provided in the event that new promotions become available after your purchase.

ISW reserves the right to alter the Membership Fees charged on our Website at any time. In the event of any change to any existing or ongoing Membership Fees, ISW will provide 30 days written notice of the changes.

Members must at all times keep their details up to date and are required to notify ISW of any changes in writing to ryan@inspirestrengthandwellness.com.

Holds and Medical Illness:

If you have a serious medical condition that prevents you from attending any classes or the gym facilities, we require a medical certificate from your medical practitioner. We will put your package or Membership ‘on hold’ for periods over 7 days and up to a maximum of 4 weeks at no cost. We require your request in writing with evidence for your request.

Holidays:

We do not offer any ‘holds’ on your Membership for holidays, work or any other absence. We will schedule make-up sessions prior to your departure and/or on your return as per availability.

Trainer Absence and Session Continuity:

In the event that your assigned trainer is unavailable, we will arrange for an alternative qualified trainer to conduct your sessions in order to maintain training continuity. Where scheduling conflicts arise due to the trainer's absence, we will ensure that any missed sessions are rescheduled and completed either prior to the trainer’s departure or upon their return.

Any other ‘on hold’ or suspension periods are in the sole discretion of Inspire Strength and Wellness.

Payments:

Various Memberships and packages are offered through our Website from time to time. We require a 50% deposit with the balance to be paid within 14 days of your first session.

CANCELLATION, TRANSFER AND TERMINATION OF MEMBERSHIP

Cancellation: You may only cancel your Membership in accordance with these Terms. You are liable for all outstanding fees remaining on your Membership if it is not terminated in accordance with these Terms. If we are required to seek reimbursement via any means of debt collection, you are additionally liable for these fees.

Termination: As we believe dedication and consistent training is required to see results, we understand that sometimes gym training is not for everyone. For this reason we permit termination of Memberships after completing a minimum of 10 consecutive sessions. We request written notice with a reason for termination and any remaining Membership Fees will be refunded less an administration fee.

Any cancellation of all Memberships must be done in writing by contacting us and providing your cancellation request form to ryan@inspirestrengthandwellness.com.

Transfer: We do not permit transfer of your Membership to any other individual. You may not share or transfer any sessions or Membership benefits at any time.

ISW may immediately terminate your Membership without prior notice and deny access for any non-compliance with the Terms or any behaviour or action that the ISW deems inappropriate, in its sole discretion. If your Membership is terminated in accordance with these Terms, no refund of any fees paid in advance is due or will be returned. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of any Membership or any other actions taken by us in connection with such termination or suspension.

GENERAL TERMS

You agree to pay all joining and Membership fees and charges at the advertised rates as they fall due under the ISW's arrangements in place from time to time for your type of Membership and usage.

You must maintain a current Membership at all times to gain access and use the Services. We may deny entry if your Membership has expired, you have outstanding fees or if your Membership has been terminated or suspended.

You must complete a pre-exercise fitness questionnaire if required before participating in any activity and using any Services.

ISW reserves the right to adjust, cancel or reschedule any exercise program from time to time. The actual facilities, Services, and hours of availability may be adjusted at the discretion of ISW.

ISW may close part or all of the Fitness Facilities for a special occasion or for repairs or refurbishment, from time to time. You are not entitled to any suspension of fees, extension or refund where a particular closure is required and will not be for more than 2 days at any given time unless caused by damage, force majeure or anything beyond the reasonable control of ISW. We will reschedule the sessions at times convenient to both parties.

All fees, prices, and costs quoted are exclusive of GST unless otherwise noted.

GYM RULES

(i) There is no unsupervised Fitness Facility use. Members are not permitted to access the Fitness Facility outside of staffed hours without supervision.

(ii) All sessions, classes and training must be pre-booked in advance.

(iii) Cancellation of any session must be done with a minimum of 24 hours notice in writing via email or text. As the trainer has booked your session to the exclusion of other clients, any cancellation with less than 24 hours notice will be considered a forfeited session.

(iv) For safety reasons you must not bring children into any dedicated exercise area or to leave them unattended. ISW accepts no responsibility for children either brought into ISW or left unattended in any area at any time.

(v) Do not bring personal items of value to the Fitness Facility. We do not provide lockup areas and we are not responsible for any lost, damages or stolen personal items you may choose to bring.

(vi) Any personal items left at the Fitness Facility for more than 1 month that are not collected or claimed may be treated as abandoned and may be removed and destroyed or recycled.

(vii) ISW reserves the right to refuse entry to the Fitness Facility on any occasion, without giving a reason. Any Members or other individuals accompanying any Member who may be considered under the influence of alcohol or drugs are excluded if detected. Abusive, disruptive or offensive behaviour and language are not permitted.

(viii) You must not bring any video camera or other camera or recording device into our Fitness Facility. While the use of mobile phones and/or iPad type devices is allowed, these devices must not be used to take or make any video, photo or recording.

(ix) No pets or animals are permitted, with the exception of certified Guide Dogs and support. We require official certificates to be provided for any support animal prior to permitting entry.

(x) Any person who is unauthorised, banned or not permitted but gains access or entry on the premises, including but not limited to, refusing to leave when asked may have, where relevant, their Membership cancelled and will incur a fee of $500. We may also refer the matter to the appropriate law enforcement authorities.

(xi) You may not train at ISW if your payments are outstanding, or this agreement has been terminated or suspended.

GYM POLICIES

Gym Etiquette and Cleanliness:

Towels must be used on equipment at all times while training
Wipe down equipment after use to maintain hygiene
Return weights and equipment to their proper place after use

Footwear and Attire

Barefoot Training Waiver

By participating in barefoot training at this Fitness Facility, you acknowledge that you do so voluntarily and accept all risks, including slips, falls, cuts, bruises, or other injuries. You are responsible for your own safety and for taking reasonable precautions. You further release and indemnify the ISW, its owners, employees, and trainers from any claims or liability arising from your participation, except where caused by the gym’s gross negligence or wilful misconduct.

Shirts Required: Members must wear a shirt at all times while inside the Fitness Facility.

Training of Minors

Minors Training Occasionally Offered: From time to time, the gym may offer classes or training for minors. In such cases, written consent from a parent or legal guardian is mandatory before participation.

GROUP SESSIONS

(a) You may not attend any group session at the Fitness Facility without first booking into the relevant session.

(b) Details of session times at the Fitness Facility may vary from time to time.

(d) If you are unable to attend a session, you may cancel up to 24 hrs prior to the commencement of any session. Any late cancellation will be considered as a ‘no show’ and the session will be treated as forfeited.

(e) ISW reserves the right to cancel or change session schedules at any time without notice, including if there is not a sufficient number of participants.

(f) You must arrive on time and no later than 5 minutes prior to the scheduled session start time. Late arrivals may be refused entry to the session and the session will be treated as forfeited.

(g) You must conduct yourself respectfully to the trainer and all participants in the group session. The trainer may remove any person whose conduct may be deemed to be disruptive, unsafe or inappropriate, in their sole discretion.

DISCLAIMER

You acknowledge and agree that fitness program results vary from individual to individual. For this reason, the performance, progress and success of our Services is reliant on you and your requirements. We cannot and do not guarantee any particular or any results and you are solely responsible for your progress.

If at any time during the Services you feel your progress is not as expected, it is your responsibility to advise us immediately of any concerns and give us an opportunity to address them. We will use reasonable efforts to address and resolve your concerns, however, at no time do we guarantee or warrant any performance or altered progress.

You further understand that your participation in fitness activities may involve a risk of injury and you take full responsibility for any injury, loss or damage you may suffer as a result of the Services. You are responsible for consulting a suitable medical professional before trying any of the fitness programs, exercises or techniques or commencing any new regimes that may directly or indirectly affect your health or well-being.

You hereby agree to irrevocably release and waive any claims you may have now or in the future against us and we accept no responsibility or liability whatsoever for any injury, damage or loss that may result from any use of our Website or our Services and all such liabilities are expressly disclaimed.

LIABILITY

You take full responsibility and assume all risk for making any decision you may make based on the information on our Website or Services.

You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss, damage or injury which may result from your use of or reliance on information on our Website, using our Services or any information contained on it or linked to it. For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, injury or damage to person or property.

Our liability is governed solely by the Australian Consumer Law and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your statutory rights.

Except for your statutory rights, all goods and Services are provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of that the Services will be provided with due care and skill and fitness for a particular purpose.

When your statutory rights apply, to the extent possible, our liability in respect of any claim is limited to, at our option, the supply of any Services again or the payment of the cost of having any Services supplied again.

In the event of any successful claim, our liability is limited to the amount of the fees for Services last paid by you to us.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

INDEMNITY

You agree to defend, indemnify and hold us and our officers, directors, employees, contractors, members, agents and licensees harmless from and against any and all claims, charges, actions, liabilities, investigations, demands and similar including but not limited to any costs, losses, damages whether direct, indirect, consequential or special.

This indemnity includes all legal fees resulting from your breach of our Terms, any third-party claims including but not limited to your family or relatives, any activity you may engage in through any use of our Services, or your use of the Services.

ISW SAFETY

Fitness Australia guidelines recommend that all males over the age of 35 and females over the age of 45 have a medical assessment including an exercise ECG and cholesterol and lipid count before commencing an exercise program.

It is strongly recommended that you check with the trainer to guide you as you choose the most suitable session or program.

RISK WARNING

We hope that all Members will have an enjoyable and rewarding time and that proper use of our facilities will have health benefits. However, any activity carries inherent risks and no one can guarantee there will never be a mishap or injury.

You use the ISW Services and participate in any activity, entirely at your own risk, and acknowledge that the use of the Services may involve risk of injury, whether caused by you or another party.

Instructors and management who may work at ISW are not medically trained and are not qualified to give medical advice or to make a medical assessment of your physical condition or your fitness or health. Any health or fitness questionnaire, assessment, screening, check or recommendation is not a medical assessment and is only to provide suggestions that you need to carefully consider in light of your own circumstances and medical advice you should obtain from your doctor or medical professional.

UNDER 18 SAFETY AND SECURITY POLICY

This section is for the safety, security and care of our Members and persons under the age of 18 years

No young children under 7 years are allowed on the gym floor or near the equipment at any time.

Any persons on the gym floor under the age of 18 must be accompanied by a suitable coach, guardian/parent and have a specific appointment with a trainer.

If you are under 18 years of age and wish to train at ISW we require a waiver to be signed with permission from your guardian/parent.

Terms & Conditions

​