Terms and Conditions
Terms and Conditions: Effective Date 15 December 2023
Elossa Fitness Holdings Pty Ltd (ACN: 669 434 977) (Elossa Fitness or we or our or us)
and
The Member, being the person who applies for membership and accepts these terms and conditions by clicking “accept” during the sign up process (Member or you or your)
These terms and conditions are set out in this agreement and can also be accessed on the Elossa website https://elossafitness.com/terms-and-conditions/.
1. Membership
1.1 Membership Agreement
You are entering into a contract for the membership plan selected during your membership application. Your Agreement with Elossa Fitness commences when you click “accept” during the signup process and we have accepted it, at which time you become a Member.
By clicking “accept” during the signup process you acknowledge and agree you have been given a copy of this Agreement and agree to abide by your obligations in it including:
– You are medically sound to engage in any exercise programme, service or facility we provide to you as part of your membership. You use the studio facilities at your sole risk and responsibility, and you are aware that exercise is physically demanding and participation in some activities may pose a risk to your health,
– You agree to disclose to Elossa Fitness all relevant personal health and fitness information both prior to and during engagement in any exercise program, service or facility we provide to you, as a part of your membership,
– You know of no medical or other reason why you cannot or should not do active or passive exercises,
– You further agree that you will not use Elossa Fitness facilities, services, or products whilst you are suffering from any infections or contagious illness, disease or other ailment or whilst you are suffering from any physical condition such as open cuts or sores or minor infections where there is a risk, however small, to other members and guests.
You also acknowledge that our staff and contractors are not medically trained. They are not qualified to assess if you are in good physical condition and can exercise without risking your health, safety or comfort. If you have any doubts, we strongly urge you to seek expert medical advice before starting an exercise program.
1.2 Membership Options
Membership Options and costs are available on the Elossa Website and may change from time to time. You will be given reasonable prior notice of any such changes and the opportunity to cancel your membership if you wish to do so.
Elossa 12 Week Do More Membership: 12-weeks access to all Elossa Circuits. Unlimited classes, attend anytime within Studio opening hours and Circuit class times, depending on availability. There is no cancellation or refunds. At the end of the 12-week period you can move to any eligible membership available at that time or choose not to continue with no penalty.
Elossa Do More Membership: Access to all Elossa Circuits. Unlimited classes, attend anytime within Studio opening hours and Circuit class times, depending on availability. Invoiced fortnightly. You can cancel anytime. At any time, you can move to any other eligible membership available at that time.
Elossa Do More Membership – Pensioner Concession Card and Commonwealth Seniors Health Care Card Discount: Note: You must present a Valid Pensioner Concession Card or Commonwealth Seniors Health Care Card to be eligible for this Membership. Access to all Elossa Circuits. Unlimited classes, attend anytime within Studio opening hours and Circuit class times, depending on availability. Invoiced fortnightly. You can cancel anytime. At any time, you can move to any other eligible membership available at that time.
Elossa Flex Membership: Access to all Elossa Circuits. Limit of 1 Circuit class per week included in price, attend anytime within Studio opening hours and Circuit class times, depending on availability. Invoiced fortnightly. You can attend additional Circuit classes which will incur an additional charge. You can cancel anytime. At any time, you can move to any eligible membership available at that time.
Elossa Flex Membership – Pensioner Concession Card and Commonwealth Seniors Health Care Card Discount: Note You must present a Valid Pensioner Concession Card or Commonwealth Seniors Health Care Card to be eligible for this Membership. Access to all Elossa Circuits. Limit of 1 Circuit class per week included in price, attend anytime within Studio opening hours and Circuit class times, depending on availability. Invoiced fortnightly. You can attend additional Circuit classes which will incur an additional charge. You can cancel anytime. At any time, you can move to any eligible membership available at that time.
Elossa 24 Week Do More Membership: 24-weeks access to all Elossa Circuits plus a Free Progress Assessment. Unlimited classes, attend anytime within Studio opening hours and Circuit class times, depending on availability. There is no cancellation or refunds. At the end of the 24-week period you can move to any eligible membership available at that time or choose not to continue with no penalty.
In all cases new Members are required to participate in an Initial Assessment with our Accredited Exercise Physiologist prior to commencing their first Circuit class and will be provided with an Elossa wrist band (which is your Access Tag). This Initial Assessment will normally incur a fee unless discounted according to a promotion, however you may be eligible for a Medicare and private health insurance rebate.
1.3 Changing your mind
You can cancel your Agreement at any time. There will be no refunds of payments made up to the date of cancellation.
1.4 Renewing of membership
When your membership is due to end you can renew your membership at the membership rate applicable at that time. By renewing your membership, you agree to the membership terms that apply at that time.
1.5 Fee Rebates
Certain fees may be eligible for rebates from Medicare and/or your private health fund. We will make our best efforts to inform you where this is possible.
1.6 Discount and Promotions
From time to time we may run promotions and/or offer discounts. These will be subject to additional terms and condition which will be published along with the Promotion or Discount at the time.
1.7 Minimum age
Whilst Elossa is designed for individuals 60 years old and above, the legal minimum age for membership is 18 years old.
2. Payment
2.1 Payment of membership fees
Your membership fees will be direct debited from your nominated account at the agreed payment frequency, as set out in your membership Agreement.
2.2 Direct Debit Authority
You request and authorise us to arrange for any amount we may debit or charge you to be debited by third party direct debit billing service provider (Quickpay Pty Ltd and Paychoice Pty Ltd or any other that we may engage to do so) from your nominated bank account or credit card for any instalments or fees due under the terms and conditions of this Agreement and direct debit request. You acknowledge that our rights under this Agreement are able to be enforced by QuickPay and Paychoice without our involvement or your consent. You agree to the Terms and Conditions of found here https://www.paychoice.com.au/terms/
Should there be any arrears in payments you authorise QuickPay and Paychoice to debit the outstanding balance in order to bring the account up to date.
Any fees charged by direct debit service providers and/or financial institutions for late/dishonoured transactions will be on-charged to the member. Should a payment be declined or dishonoured, a dishonour fee of $6.60 will be debited.
An initial upfront fee will be charged that is the pro-rata amount of the time remaining in the current debit cycle (if applicable).
You must make sure:
– Your account can accept direct debits (your financial institution can confirm this)
– There is enough money in your account on the payment day and the next 5 days
– You tell us if you are transferring or closing your account, at least 48 hours before your next direct debit
– You tell us about any changes to your credit card, such as its expiry date or number, at least 48 hours before your next direct debit.
– You must make sure that the payment method you choose continues for the length of your agreement. This includes third-party accounts. If the details you give us fail, you are liable for all resulting fees.
You must make sure that the payment method you choose continues for the length of your agreement. This includes third-party accounts. If the details you give us fail, you are liable for all resulting fees.
2.3 Querying a payment
All queries and comments about payments should be directed to the staff at your local Elossa Studio.
2.4 Temporary hold
You can put your membership on temporary hold for 1 or more weeks. Minimum hold time is 7 days and can be extended in 7 days blocks that start on a Monday and end on a Sunday. This can be done on our mobile phone App, or through our staff.
2.5 Cancelling your membership
If we do not fulfil our obligations to you, you may be able to cancel your membership (see Section 6).
2.6 Membership holds for Studio closures
If we are required by the state or federal government to temporarily close our studio in your local State (Closure Period), we may freeze your membership for that Closure Period. You are entitled to request cancellation of your membership during the Closure Period but processing of the cancellation may be delayed until after the Closure Period has ended.
2.7 Error in Fees
If there is an error in your membership amount or your direct debit, we can correct it at any time during your membership and it will apply from that time forward.
2.8 Non payment or outstanding fees
Cessation of Studio access: If you do not fully pay your fees on the due date, we may suspend your studio access until your payments are up to date. Elossa Fitness has the right to refuse entry to members with more than one membership payment outstanding on their account until such time as payments are up to date.
Paying outstanding debts: We will continue to debit your nominated account without notice along with any late fees that apply, until we have received the total amount you owe us. Elossa Fitness or QuickPay or Paychoice will make a reasonable effort to let you know beforehand by:
– Phoning you or speaking to you at your Studio
– Writing/emailing to the address you last gave us.
If the debit remains outstanding it will be processed within 14 days of the reversal with any reversal along with any late fees that apply.
If you default in payment of your membership fees we may send your outstanding debt to a third party debt collection agency to collect your outstanding fees. If this debt is sent to a third party further fees and charges may be payable.
If paying by Direct Debit, upon default by you in regard to any obligation under this Agreement and failure to remedy the default after notification by QuickPay and Paychoice: you authorise QuickPay and Paychoice to notify any debt collection agency of the default.
3. Updates to Terms and Conditions or Fee Changes
We may sometimes add to, change or remove our terms and conditions. This includes changing opening and closing hours, services and facilities and membership fees.
The most up-to-date terms and conditions always apply. You can find copies on our website https://elossafitness.com/terms-and-conditions/
If we do not enforce our agreement rights at any time, it does not mean we have waived those rights, no matter how long we wait.
Elossa Fitness reserves the right at any time on reasonable notice to increase any or all fees. Reasonable endeavours will be made to contact you on the email address that you last gave us at least one (1) month prior to any such increase. If membership fees are increased and reasonable endeavours have been made to provide prior notice, you hereby authorise Elossa Fitness to increase any direct debits to your nominated credit card or bank account. We will not use this right to vary the terms on any special offer, if any, which applies to you.
We do not reduce your membership fees because your studio is closed for a public holiday.
4. Membership Access Tag – Elossa wrist band
We will give you an Access Tag when you join. This Access Tag will be required to access the studio and your personalised programme.
We will also attach your photo to your account on our digital membership database.
Entry without a membership bracelet is at the discretion of staff and upon the production of photo I.D.
You must not lend your membership bracelet or allow any other person to use it – this is a breach of contract and may lead to immediate termination of membership.
NOTE: Replacement bracelets when lost/stolen will incur a fee of $10 to replace the wrist band.
5. Giving us feedback
Your feedback is important to us to ensure that we are providing the best possible service. If you have any comments or questions please speak to the Elossa staff onsite directly or send an email to [email protected]. We endeavour to respond to your enquires within 7 days.
If you would like to lodge a complaint please email to [email protected] and we will endeavour to contact you within 7days to discuss and resolve your complaint.
6. Membership cancellation
6.1 Cancelling your membership
If you would like to cancel your membership this can be done by speaking to our staff at our Studios or email us at [email protected].
6.2 Giving notice of cancellation
You can cancel your membership at any time. There will be no refunds of payments made up to the date of cancellation.
6.3 Can you cancel during the minimum term?
If you have joined Elossa on a membership plan or promotion that includes a minimum term, you can cancel your membership if membership hold is not suitable during the minimum term if:
– You are sick or incapacitated – you must show us a certificate from a qualified medical practitioner stating that you cannot exercise for the rest of your term.
– You are bankrupt – you must show us supporting documents.
– You are unable to produce proof of COVID-19 vaccination if required as per clause 9.3
We will not charge you an exit fee in these cases.
6.4 Cancelling for other reasons during a minimum term.
If you wish to cancel during a minimum term for any other reason and have more than 28 days left in your minimum term, you can pay out your agreement.
We calculate the amount you must pay by:
– Multiplying your fortnightly fee by the number of fortnights left in your minimum term
– Deducting 10% from the total
Any instalments/fees due at the date of termination (including instalments/fees which fall due during the notice period) will remain a debt owed to and recoverable by Elossa Fitness and/or PayChoice.
6.5 Can you cancel if we change the agreement?
We reserve the right on reasonable notice to change or add to these membership terms and conditions or the club code. If by making such changes you are adversely affected you may terminate this agreement.
For the avoidance of doubt, however, changes to Studio timetables, facilities and hours of operation does not constitute a change of this membership agreement for the purposes of this clause.
You can also cancel your membership if we breach our obligations and we do not fix the breach in a reasonable time after you have told us about it in writing. We will refund you any membership fees you pay between the date of notification and the date on which we decide that we cannot fix the breach.
7. Studio Code of Conduct
Members must abide with Elossa Fitness members code of conduct at all times and agree to follow the instructions of Elossa staff at all times.
7.1 Safety
As a member using Elossa Fitness you acknowledge that you enter and use the facilities at your own risk.
For the safety of people and property inside Elossa Fitness 24-hour CCTV surveillance may be recorded live. CCTV coverage is limited to gym floor, reception area, office space and kitchen area. Bathrooms are excluded from CCTV coverage.
Fully qualified and experienced Accredited Exercise Physiologists and/or Gym Supervisors will be available during operational hours to offer assistance and advice.
At no time is a member to enter our studio under the influence of alcohol, illicit drugs and/or medications that state strenuous activity to be avoided on its warning label. Please consult with staff if unsure.
In case of emergency, please follow the Emergency Plan displayed in our studio and follow the instructions of Elossa staff.
7.2 Equipment Use
You are responsible for using our facilities and equipment correctly, including adjusting levels or settings. If you are not sure how to operate any equipment, please ask our staff before you use it.
Note that you will be responsible for any damage that you cause through a wilful act or negligence.
As a courtesy to other members, please:
– Sanitise equipment after use with the wipes/solution provided
– Use a clean towel when you use equipment, including exercise mats
You must not use a camera without written permission.
7.3 Keeping your belongings safe
We do not provide secure lockers in our studio therefore we advise you to not bring valuables into the studio.
We cannot accept responsibility for any loss or damage to your belongings while you are in the studio.
7.4 Failing to show up for a circuit
You are able to cancel your circuit booking online up to 30 minutes prior to the session. If you know you are not going to attend, as a matter of courtesy to other members we request you to cancel your booking online or on the app, or by ringing the Studio.
If you book but do not attend a class more than three (3) times within a 14 day period, we may cancel your ability to book a class for 7 days after that period.
7.5 Wearing suitable clothes
All members must wear suitable clothes and enclosed sports shoes in the exercise areas.
7.6 Parking
If you park in the Studio’s car spaces you do so at your own risk. We are not liable for any loss or damage to your vehicle or its contents.
7.7 Misconduct
We reserve the right to refuse entry to any person and have the right to suspend your Elossa membership without warning or notice for any harassment, inappropriate or threatening behaviour including causing wilful damage to equipment in our facility.
8. Limitation of Liability, Release and Indemnity
While every effort will be made through the initial induction process and ongoing support and supervision, you agree that it is your responsibility to ensure that you use the equipment and/or facilities correctly. If unsure, please seek the services of Elossa staff.
Warning: While minimal, there does exist the risk of injury or death while exercising at Elossa Fitness. Every effort will be made to provide a safe environment in which to exercise including the provision of appropriate exercise programming aligned with your physical condition and goals.
Exclusion and Limitation of liability
In this clause:
“Loss” means any loss, damage, expense or cost.
“Excluded Loss” means a Loss suffered or incurred by you that:
a) does not ordinarily or naturally flow from the act or omission that gave rise to or caused the Loss; or
b) is indirect; or
c) is a consequence of something that was caused by the act or omission that gave rise to or caused the Loss; or
d) is caused by a third party (to the extent that it is caused by the third party and not us), including a claim by a third party; or
e) is caused by you (to the extent that it is caused by you and not us);
and in any event Excluded Loss always includes a Loss of:
f) revenue;
g) income;
h) business;
i) profits;
j) production;
k) damage to goodwill or credit;
l) business reputation, future reputation or publicity;
m) interest;
n) punitive damages or fines;
o) damage to credit rating;
p) anticipated savings; and
q) denial of opportunity,
and regardless of whether:
r) our liability for such Loss would otherwise have arisen under statute, in equity, in contract, in tort (including negligence) or otherwise; or
s) the Loss may reasonably be supposed to have been in our contemplation at the date of this agreement.
“Consumer Guarantee” means a right you may have under consumer protection laws.
To the maximum extent permitted by law (and subject always to our liability under any Consumer Guarantee), and to the extent that our liability is not otherwise limited by this clause or any other term of this agreement, in no event will we be liable for Excluded Loss.
To the maximum extent permitted by law, our liability for any breach or noncompliance with a Consumer Guarantee is limited to doing one or more of the following (at our election):
a) in the case of our liability in respect of goods, to their replacement, the supply of equivalent goods, their repair, or payment of the cost of doing any of those things; or
b) in the case of our liability in respect of our services, to resupplying the services or payment of the cost of their re-supply.
Disclaimer of Implied Terms
Subject to the operation of any Consumer Guarantee, you acknowledge and agree that it is the common intention of you and us that no condition or warranty (or any term) is to be, or may be, implied into this agreement in relation to any good(s) or service(s) supplied or provided by us.
9. COVID-19 response
Member safety is of the utmost importance to us and we will introduce additional safety measures as needed to manage the risk of COVID-19 and ensure that you can continue to enjoy training in our studio. As such we have put in place a COVID-19 safe plan compliant with Government regulations.
9.1 COVID-19 screening questions
We may ask you screening questions on entry to the Studio – you are obligated to answer truthfully and if you do not pass the screening questions then you will be required to leave our facility and seek appropriate medical advice and/or undergo a COVID-19 test as required under any applicable government rules in place at that time.
You will not be given access back to our Studio without the necessary medical clearance certificate and/or documentation of a negative COVID-19 result as required under any applicable government rules in place at that time.
9.2 COVID-19 QR check
If QR checks are required by public health orders then it will be mandatory for you to check in via QR code on entry to our studio. If you refuse to check in then you will be denied entry and required to leave.
9.3 COVID-19 Vaccine
If possible, under local laws, we may mandate that Members are COVID-19 vaccinated prior to use of Elossa Studio, and present proof of vaccination on entry. In this case, if you cannot provide proof of vaccination then you will be denied entry and required to leave. Note: Existing members who are unable or unwilling to receive COVID-19 vaccination will be able to cancel their membership without penalty as per clause 6.3.
9.4 Cleaning and sanitising of equipment and facilities
You are requested to sanitise your hands on entry to the studio at the hand sanitation station provided. You are responsible for cleaning each piece of equipment after you have used it with the disinfectant/sanitation wipes provided. Wipes are to be disposed of in the bins provided before moving to the next piece of equipment/circuit station.
10. Privacy Policy
Our Privacy Policy forms part of our Terms and Conditions and is found here https://elossafitness.com/privacy-policy/