By checking this tick box, I acknowledge that I have read and understood the following terms and conditions. I understand that exercising at The Shake UP may involve a significant risk of physical harm or personal injury, including permanent disability and/or death. I understand that sessions at The Shake UP may be physically strenuous and further agree that The Shake UP including its officers, employees and agents shall not be liable to any person whether in contract, tort, under statute or otherwise for any injury, loss, damage, death or economic loss whatsoever, whether consequential, direct or indirect, caused by or connected with my participation in The Shake UP sessions. I agree that The Shake UP will not accept responsibility for loss or damage to any personal belongings left unattended on the premises.
Terms & Conditions:
1 My Health
1.1 I understand that classes at The Shake UP may be physically strenuous and I voluntarily participate in them with full knowledge that there is risk of personal injury, property loss or death.
1.2 I warrant that I am in good physical condition and know of no medical or other reason why I cannot or should not do active or passive exercise.
1.3 I recognise that the fitness instructor(s) is not able to provide me with medical advice with regard to my fitness, and that this information is used only as a guideline to the limitations of my ability to exercise.
1.4 I agree to not hold any certified trainer or directors of The Shake UP or related sites where I may be permitted to train liable for any injury that may occur during a Shake UP session.
1.5 I have provided a signed medical clearance from my doctor or I warrant that I am physically and mentally well enough to proceed with The Shake UP sessions.
2 Personal Belongings
2.1 In checking the box below, I agree that The Shake UP is in no way responsible for the safekeeping of my personal belongings while I attend class.
3 Photographs and Videos
3.1 I agree to allow The Shake UP to use pictures, videos or the like for potential marketing material.
4 Dress Code and Behaviour
4.1 The Shake UP has the right to refuse any person/s subject to the sole discretion of management (acting reasonably). In the event that I behave in an inappropriate manner within The Shake UP premises, The Shake UP has the right to cancel my membership (acting reasonably), with a non-refundable policy.
4.2 Members must always wear appropriate clothing whilst at a training session. This includes fully enclosed footwear and non-offensive clothing at all times.
5 Seven Day Free Trial
5.1 I understand that the 7 Day Free Trial is for new customers only and must be used over 7 consecutive days.
6.1 Paid ongoing memberships (this excludes FIRE and 10 Week Challenge) can be suspended at any time, with a minimum of 1 weeks' notice.
6.2 One week minimum suspension.
6.3 Four week maximum suspension each year unless otherwise stipulated.
6.4 Suspension notification must be emailed through to [email protected] with start and finish dates of suspension.
6.5 A one-off admin fee of $10 for each suspension.
6.6 Suspensions cannot be backdated.
6.7 Missed sessions during FIRE program and 10 week challenge can not be made up nor can they be refunded.
7 Class Check In
7.1 Upon arrival at any Class, you must check in using the iPad provided
8 Cancellations within Contract term
8.1 Upfront packages cannot be cancelled
8.2 Hero (ongoing payment) packages can be cancelled with a cancellation fee: 50% of remainder contract value with 4 weeks notice by emailing [email protected]
8.3 Month to Month packages can be cancelled at any time with 4 weeks notice and no cancellation fee by emailing [email protected]
8.4 You can cancel your membership during the contract term with no exit fee if: You become sick, pregnant or incapacitated. You must show us a certified document agreement from a qualified medical practitioner stating that you cannot exercise for the remainder of your term. OR You become bankrupt, and provide supporting documents of this.
8.5 FIRE program and 10 Week Challenge cannot be cancelled and no refund will be given if you decide no to complete the 10 and 12 Week Programs respectively.
9 Cancellations Outside Contract term
9.1 Cancellation of Hero membership agreement outside minimum term requires 2 weeks notice and no cancellation fee applies by emailing [email protected]
9.2 10 Pass can be cancelled at any time but you will not be entitled to any refund
9.3 If you do not cancel your 10 Pass, ongoing Hero or your Upfront Hero package at the end of your contract term, your payments will continue to be taken out weekly/annually and your package will roll over.
10 Meeting responsibilities for payments:
I must make sure:
10.1 My account can accept direct debits.
10.2 There is enough money in my account on the payment day.
10.3 Inform The Shake UP if I am transferring or closing my account at least 72 hours before the next direct debit.
10.4 Tell The Shake UP about any changes to my credit card, such as its expiry date or number, at least 72 hours before my next debit.
11 What happens if my payment is declined or fails for any reason?
If I do not fully pay my fees on the due date, The Shake UP will suspend access to classes until any outstanding balance has been paid and I have given The Shake UP my updated account details if they are required. The Shake UP will continue to debit my nominated account without notice, until The Shake UP have received the total amount owing.
12 Changes to the agreement and/or prices
12.1 The Shake UP may sometimes add to, change or remove terms and conditions. This includes changing the opening and closing hours, The Shake UP services and facilities and membership fees. The most up to-date terms and conditions always apply. The Shake UP will give at least 28 days’ notice of any changes.
12.2 The Shake UP reserve the right to increase fees only at any time after my agreement has ended. The Shake UP will make a reasonable effort to tell members about this at least 28 days beforehand by writing to the address I last gave us (which may be an email address). The Shake UP will consider that I have received our letter or email on the second business day after it is sent. Where The Shake UP have made a reasonable effort to let me know about a fee increase, I authorise The Shake UP to increase any debits from my nominated account.