TERMS AND CONDITIONS

Terms & Conditions


1 Welcome – Some things you need to know at the start of your membership

1.1 What types of membership can you choose from?

“Hero Shaker“ Program Contract Term: 12 months or 48 training weeks of unlimited access to any of “The Shake UP” operating locations.
Payment options: Upfront (Total in advance) or Fortnightly recurring, ongoing.
Refunds: Available for this program (See refund policies Section 4)
Cancellations: Available (See cancellation policies Section 4)
Ongoing: At the completion of the contract term, you can cancel your membership at any time without receiving a cancellation fee (see section 1.3 cancellations). Your fortnightly recurring payments will continue until further notice.

“Shaker 6” Program Contract Term: 6 months or 24 training weeks of unlimited access to any of “The Shake UP” operating locations.
Payment options: Upfront (Total in advance) or Fortnightly recurring, ongoing
Refunds: Available for this program (See refund policies Section 4)
Cancellations: Available (See cancellation policies Section 4)
Ongoing: At the completion of the contract term, you can cancel your membership at any time without receiving a cancellation fee (see section 1.3 cancellations). Your fortnightly recurring payments will continue until further notice.

“Shaker 3” Program Contract Term: 3 months or 12 training weeks of unlimited access to any of “The Shake UP” operating locations.
Payment options: Upfront (Total in advance) or Fortnightly recurring, ongoing
Refunds: Available for this program (See refund policies Section 4)
Cancellations: Available (See cancellation policies Section 4)
Ongoing: At the completion of the contract term, you can cancel your membership at any time without receiving a cancellation fee (see section 1.3 cancellations). Your fortnightly recurring payments will continue until further notice.

1.2 When does your agreement start?

Signing your agreement You have an agreement with us when you have paid for your membership using our website shopping cart and we have accepted it.

Our rights 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. If there is a miscalculation on your membership application and agreement, we have 5 days after the agreement is signed to correct it.

1.3 Can you change your mind?

Cancellations The Shake UP understands that there are occasions where circumstances change, as such, cancellations are processed and a cancellation fee will be applied based on the duration of the program completed.

Shaker 3: No cancellations will be accepted on this program. See section 4.3 for unique circumstances.

Shaker 6 : As our Shaker 6 programs are heavily discounted due to their commitment; we require a fee for any cancellations before the completion of this program. All cancellations on this program will incur a Cancellation fee of $18.00/fortnight remaining in the contract term

Hero Shaker: As our Hero Shaker programs are heavily discounted due to their commitment; we require a fee for any cancellations before the completion of this program. All cancellations on this program will incur a Cancellation fee of $14.00/fortnight remaining in the contract term.

1.4 How to cancel? You can request to cancel your membership via email to [email protected] Upon cancellation you will receive confirmation of your cancellation,stating the appropriate cancellation fee (see above section 1.3) for which payment will be debited from your bank account within 7 days via the Ezidebit merchant service.

1.5 What about your health? On the day you commit to one of our programs, you promise to us that:

You are in good physical condition You know of no medical or other reason why you cannot do active or passive exercise that may damage your health, safety, comfort or physical condition. Seek expert advice: Our staff and contractors are not medically trained. They are not medically qualified to assess if you and your guests are in good physical condition and can exercise without damaging health, safety, comfort or physical condition. If you or your guests are in any doubt, we strongly urge you to seek expert advice before starting an active or passive exercise program.

1.6 How old do you have to be? All members must be over 16 years of age.

1.7 Our Timetable & Changes There may be occasions where “The Shake UP” Timetable may be altered in the following manner:
Altered Start/End times
Change of Locations
Substitution/Inclusion/Removal of a Boot Camp
Change of Day
Change of Trainer
Any of these Changes will be done so on the “The Shake UP” Website and an email will be sent out to all active members.

The Shake UP will cease operation on all public holidays and for 2 weeks over the Christmas/New Years holiday period. Membership payments will continue at these times.

2 Things you need to know during your membership 2.1 When do you pay membership fees?

Ongoing You pay fees for ongoing memberships in advance each fortnight via Ezidebit Upfront payments All of our training packages can be paid for in total, upfront at the commencement of your Shake UP membership. You will need to renew your membership at the completion of any training packages paid for upfront.

3 Your Ezidebit Subscription Agreement

3.1 How will we debit your account? We will regularly debit your membership fees using Ezidebit from your nominated account at a specific time, in accordance with Ezidebit service agreements

3.2 What are your responsibilities for payment? You are responsible for: making sure that you have an active credit card
making sure there is enough money in your account on the payment day and the 5 following days telling us in advance (at least 48 hours before your next debit) if you are transferring or closing your account.
telling us in advance (at least 48 hours before your next debit) about any changes to your credit card, such as its expiry date or number.

What if you have a question If you query a payment with us, we will do our best to respond within 7 days. If you do not receive a satisfactory response from us, you may contact your financial institution. They will handle your query in line with their policy.

All late or disallowed payments will be handled within the terms and conditions outlined in the Ezidebit service agreement

3.4 What happens if your payment is dishonored?

If a debit is returned by your financial institution as unpaid, a failed payment fee of up to $11.90 is payable to Ezidebit. You will also be responsible for any fees and charges applied by your/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.

All late or disallowed payments will be handled within the terms and conditions outlined in the Ezidebit Service Agreement

3.5 Can you freeze your membership payments?

Time freeze

You cannot time freeze your membership

3.6 Protect your health

Health risks

If you believe there is a risk to your health from doing any of “The Shake UP” fitness activities, you must tell us this in writing, with full details. You must also tell us if your medical condition changes after you join. We may choose to refuse your membership application, until: your doctor agrees in writing that you are fit for our exercise program, or you show us proof that you have received medical advice on an appropriate exercise program.

Infections and illnesses

You will not be able to participate in any of “The Shake UP” sessions if you are suffering from: an infection, or a contagious illness, or a physical ailment, such as an open cut or sore, or where there is any other risk, however small, to other members and guests

3.7 Delivery policy – physical goods

If ordering online, you will receive an email confirmation from Ezidebit containing your payment details. We will normally confirm receipt of your order within a few minutes of ordering. We will attempt to send your goods via Courier within 4-7 days; however if goods are unavailable delivery will take a little longer. If you wish to query a delivery please contact us at [email protected]

3.8 Refund & returns policy If for any reason you are not completely satisfied with your purchase we will give you a 7 day money-back guarantee from the time you receive the goods. Please email us at [email protected] within that time if you are not satisfied with your purchase so that we can resolve any problems.

This refund policy does not apply to goods which have been worn or used, damaged after delivery, or if any attempt has been made to alter the product or if they have been dropped or broken. All products must be returned in their original condition. All postage and insurance costs are to be paid by the buyer. We recommend that you return the product via Registered post and that you prepay all postage. You assume any risk of lost, theft or damaged goods during transit and therefore we advise you take out shipment registration of insurance with your postal carrier.The Shake UP will not be responsible for parcels lost or damaged in transit if you choose not to insure.

3.9 Your feedback & complaints We welcome your feedback and complaints as it is important in helping us to resolve your concerns quickly and effectively. If you have any feedback or questions about our program, our website or our service in general, please contact us via one of the methods listed below: Email: [email protected] “The Shake Up” Trainers are happy and committed to help you with any questions or feedback you have. If you would prefer to speak with a member of “The Shake UP” management please let your trainer know and we will ensure you are contacted as soon as possible.

4 Things you need to know at the end of your membership

4.1 Your ongoing fortnightly debit Once your contract term reaches its completion, you are able to cancel your membership at anytime without incurring a cancellation fee. We will continue to debit your nominated account fortnightly at the existing rate until you notify us of your cancellation request. If our prices are subject to change after your contract has been completed – you will be notified to sign up at the new rate.

4.2 Ways of cancelling your membership How to cancel You can request to cancel your membership by emailing to [email protected] Keep evidence of your cancellation request In all scenarios above please ensure you give us your email address so that we can confirm your request in writing. Please keep a copy of any cancellation request you make.

4.3 Can you cancel during the contract term? Cancelling without paying out your agreement You can cancel your membership during the contract term 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. We will not charge you an exit fee.

You become bankrupt, and provide supporting documents of this. We will not charge you an exit fee.

4.4 How do you cancel after the contract term? Cancellation After the expiry of the contract term of your membership, (3,6 or 12 months) your ongoing fortnightly membership payments will continue until you notify TSU of your cancellation request via email to [email protected]

Cancelling your membership during the contract term You can cancel your membership during the contract term by emailing [email protected] and cancellation fee’s will apply. See section 1.3

You must pay outstanding fees When you cancel your membership, you must pay any fees owed to us, or we may take action to recover them.

4.5 Can you cancel if we change the agreement? Changes that adversely affect you You can cancel your membership at any time if we: change or add to these terms and conditions or the code of conduct change your membership fees in a way that adversely affects you, or fail to remedy a breach within a reasonable period.

Breach of obligations You can also cancel your membership if we breach our agreement 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 paid during the period between the date of notification and the date which we determine that we are unable to remedy the breach.

5 Code of conduct Signs and handouts You must follow our code conduct when participating in any of “The Shake UP” sessions. Some of our operating locations have higher risk areas. Read, understand and follow the code of conduct in all signs and handouts, especially for these areas.

5.1 What happens if you break the code?

Refusing entry We can refuse entry to anyone, including members.

Warnings If you act unreasonably, or break these terms and conditions or this code of conduct, we may warn you that you risk having your membership cancelled. If you continue to behave in the same way, we may cancel your membership immediately.

Instant cancellation We can cancel your membership without warning if you behave in a way that is risky or seriously inappropriate, such as: threatening or harassing others damaging equipment using illegal or performance-enhancing drugs. Providing instruction to other members where you are not authorised by us to do so

5.2 Use equipment correctly

Using equipment You are responsible for using our equipment correctly. If you are not sure how to operate any equipment, please see your trainer before you use it.

5.3 Respect all facilities

Damage You are responsible for any damage to our equipment caused by you or your guests through a wilful act or negligence.

5.5 Clothing and hygiene

You must wear All members and guests must wear suitable clothes and enclosed suitable sports shoes in any exercise areas, except for wet areas. We do not allow clothes with offensive images or inappropriate advertising.

5.6 Wet areas

Take care Due to weather and other circumstances wet areas may build up in some of our operation locations.

5.7 Vehicles

You will be advised on suggested parking areas by “The Shake UP” Trainers or check out our timetable page for map details You park at the venue’s parking area at your own risk. We are not liable for any loss or damage to your vehicle or its contents.

5.8 Guest Shakers

You can bring a guest for a trial session by notifying your trainer Your guests must: be at least 16 years old be accompanied by you complete a Pre-Exercise Questionnaire (PARQ) and bring it to hand to the trainer at their first session. You can download the Pre-Exercise Questionnaire (PARQ) here.

5.9 Cameras and mobile phones

Courtesy As a courtesy to other members, please keep calls to an absolute minimum. Cameras aren’t permitted during “The Shake UP” sessions without written authorisation.

6 Legal stuff you need to know 6.1 Which laws apply to disputes?

State laws apply Your agreement is subject to Australian law and is governed by the Queensland State.

Invalid sections If a court decides that any section of your agreement is invalid or unenforceable, that section will be deleted from the agreement. The other sections will remain valid and enforceable.

6.2 Can we transfer your agreement?

Transfers This agreement is not transferable.

6.3 What if the GST rate changes?

Fees include GST All agreement fees include goods and services tax (GST). Your fees will change in line with any government GST rate changes, even if you are in your contract term.

6.4 Keep us informed Your responsibilities, including payment of membership fees, do not depend on how often you attend “The Shake UP” Sessions. You must tell us about anything that affects your membership, and any changes to your contact and bank details.

6.5 Privacy statement & acknowledgement When you join and during your membership, we will have access to personal information about you, such as about your health and financial situation. We will only use, disclose or deal with your information in accordance with our Privacy Policy.

Using your image We may sometimes film or photograph “The Shake UP” sessions. It is possible you may appear in images used in TSU marketing . By signing this agreement you agree to allow us to use your image in promotional and other business related material. Please inform us if you do not want your image to be captured by staff at The Shake UP.

6.6 Issues with outside providers

Outside providers Contractors, tenants and franchisees provide some services in our operating locations, such as trainers and support staff.

Trainers Trainers at our operating locations are self-employed. Any service they provide outside “The Shake UP” is a contract between them and you and we cannot accept any responsibility for a breach of contract or negligence caused by a Trainer.

Claims If you make a claim because of something a trainer, tenant or franchisee has or has not done, your claim should be brought against the provider, not us, whether you have paid them or not. You release us from, and hold us harmless from, any claim resulting from an act or omission by an agreement or, tenant or franchisee.

What we will do Wherever we can, we will help you to resolve issues with providers.

6.7 Warning under the Fair Trading Act

Warning We warn you that, while on our premises, you may suffer injuries including broken bones, soft tissue injuries and joint injuries. These injuries may occur from you: slipping on wet flooring being struck by weights colliding with equipment or other members.

Release and indemnity If we accept your membership application and you become and remain a member, you agree that we will not be liable for: any loss, damage or theft of property belonging to, or brought onto club premises by you or your guest, unless caused by our gross negligence any death, personal injury or illness on club premises, or from using our facilities or equipment, except where this results from our gross negligence.

6.8 Definitions Word Definitions The Shake UP, We, Us, Our Inspiring Lifestyles Pty Ltd trading as The Shake UP Program You, Your A Member of “The Shake UP” The Operation Locations Venues used by “The Shake UP” where you applied for membership

Agreement, Membership Application Membership Application and Agreement. This is between “The Shake UP” and you, under which you will become a member of “The Shake UP Program”

Contract Term The term specified in the Membership application and agreement form

Code of Conduct Code of Conduct for operating equipment and behavior in “The Shake Up” Session, specified in these terms and conditions, and in signs and handouts.

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Location

GC North

Jubilee Primary School
34 Manra Way, Pacific Pines

Robina State High School

1 Investigator Dr, Robina

Palm Beach

Palm Beach Currumbin State School
Thrower Dr., Palm Beach

Contact details

Call us at the following number

0414 802 243

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