TERMS & CONDITIONS

SMS and Email Terms and Conditions

By checking the box, you expressly consent to receive non-marketing and marketing text messages and emails from PT Peak Fitness and others texting on its behalf, including text messages made with an autodialer, at the telephone number(s) that you provide. You may opt-out of these communications at any time, and consent to receive marketing text messages and emails are not required to purchase any goods or services.
You also accept and agree to be bound by these SMS Terms and Conditions, the Website Terms of Us, our Privacy Policy, and any other applicable terms and agreements related to your use of PT Peak Fitness service.

PT PEAK FITNESS MEMBERSHIP TERMS AND CONDITIONS
THIS IS AN IMPORTANT DOCUMENT – PLEASE ENSURE THAT YOU READ IT CAREFULLY

1. Our Agreement:

 This agreement is made between PT PEAK Fitness Pty Ltd ABN 78 657 893 500 (“Us”, “We”, “Our” or “PT PEAK Fitness”) and the member whose name appears in the application for membership agreement (“you, PT PEAK members”). Studio Policies, these Terms and Conditions, Pre-Screening Questionnaire, and your Membership Agreement Form make up the entire agreement between the parties (“the Agreement”). Please ensure that you read, understand, and abide by all of the terms and conditions of the Agreement. Feel free to ask us if you have any questions. “Studio Policies apply to all members, casual visitors that are notified to you through signage, handouts, or PT PEAK Fitness website (www.ptpeakfitness.com.au).

1. Age Restrictions

2.1) Studio Membership or Casual Pass (Equipment/Facility Use Only) can be purchased by age 16+ Only.

2.2) If you are between the age under 16, your Parent / Guardian must sign the waiver form, youth fitness form, or any documents that are provided by PT Peak fitness before sign up or any programs/memberships that you wish to participate/join.

2.3) If you are 14 years and over you can sign up for membership but must be supervised by a guardian (Guardian must be 18 years or over AND a PT PEAK Fitness member) at all times when entering PT Peak premises/Studio facilities area.

2.4) When no PT PEAK staff is present, members (Studio, Standard, Silver, Gold members) aged 14 & 15 years must be supervised by a guardian (Guardian must be 18 years or over AND a PT PEAK Fitness member) at all times when entering PT Peak premises/Studio facilities area.

2.5) Visitors or members under 16 years of age are not allowed to enter PT PEAK Fitness premises when no PT PEAK Staff present.

3.Start Date

Your Membership and recurring payment start on the date you signed the Membership agreement Form provided, or the date you purchased the membership via PT Peak fitness website or Our PT PEAK Member Glofox APP.

4. Your Digital Key Access PT PEAK Fitness Digital Key is not transferable. Please don’t allow your Digital Key Access to be used by another person or bring non-PT PEAK members for the purpose of entering PT PEAK premises, $150 Penalty apply. PT PEAK FITNESS has the right to suspend/terminate your membership with you paying all remaining membership fees due under this agreement if you breach this policy. Please do not unlock the door for non-member to access the Studio when there is no PT PEAK Staff present.

5.Your Membership Type You are becoming a member of PT PEAK Fitness under the type of membership (“Membership Type”) stated in your Membership Application Form. Your membership is personal to you and cannot be used by anyone other than you or to be transferred / shared to another person.

5.1) Group Fitness membership with recurring  payment: The class credits will issue every fortnight billing period and the credit do not rollover for the next billing period. Booking and cancellation are ESSENTIAL, the booking & cancellation window are close 2 hours prior to the class. Late cancellation (2 hours within the class) or NO SHOW will not be refunded, class credit also will not be restored.

6.Changing (Upgrade/Downgrade) of Membership Type No fee is required to upgrade the membership. Members wishing to downgrade must pay off their current membership fees (remaining days of the current contract/agreement) and then start the new billing period of the membership chosen. Alternatively, you can cancel the current contract with a cancellation fee $150 and sign up for a new membership with the latest pricing plan. No refund will be provided. A written notice needs to be sent to PT PEAK Fitness 21 days prior to the date that you wish to change your membership is required.

7.Upfront memberships & Studio Casual Pass Upfront memberships must be paid in full when purchasing. This is not refundable. Cancellation required if you wish no longer to renew the membership. The fully paid Membership is transferable to a new customer only, however, Setup fee and Digital Key access fee $68 will be issued for the new customer.

7.1) Studio Casual Pass: Must be paid in full when purchasing. This is not refundable or  transferable. Minimum age to purchase is 16 years old and above.

8.Reasons for Termination by you/ Cancellation PT PEAK members can cancel/terminate membership by providing us with written notice 21 days prior to the date that you wish to cancel/terminate the membership (including Upfront payment membership, Month to Month Membership) and return the cancellation form to PT PEAK Fitness. Notice made shorter than 21 days will not be refunded. A cancellation fee applies if cancellation made within the minimum month agreement. Your membership and Recurring payments will not stop if the cancellation process is not complete.

8.1) Membership and recurring payment will STOP when we receive your cancellation application form and the full payment of the cancellation fee (if required).or any outstanding fee.

9.Termination by PT PEAK Fitness We may terminate your membership (including Casual/Youth/Senior group class member) immediately by emailing you at the contact details we have on our records: (a) If you breach these Terms and Conditions or Studio Policies. (b) If any membership fees remain unpaid for more than 28 days. (c) If you have provided us with false details when applying for membership or have not disclosed to us changes to your details or health during your membership as warranted by you in this Agreement. (d) We can refuse/block your entry to PT PEAK Fitness premises, cancel/terminate your membership Agreement without warning or notice for inappropriate, threatening or harassing behaviour, damaging equipment or facilities, intoxication or use of illegal drugs or discrimination in PT PEAK Fitness premises. No refunds or credits will be issued.

10.Collection of Fees If your membership is terminated for any of these reasons, we may recover any outstanding membership fees and reasonable costs and expenses we incur as a result of your breach, including debt recovery expenses of engaging an external collection agency and legal costs (without limiting any other right or remedy we have).

11.Pausing Membership and recurring payments

11.1) Standard, Silver, Gold & Month to Month Membership: Membership Pause is available for a maximum of 28 days per Calendar Year and is only possible if your membership fees are paid up to date. Recurring payment will commence after the nominated day or after 28 days. Notice must be sent via email to PT PEAK Fitness a minimum of 21 days prior to the next billing date. 

11.2) Studio Members: pause membership and recurring payments for non-medical, maternity, death in the family reasons: There is a pausing fee $39 required, maximum up to 6 weeks per membership agreement/contract. Recurring payment will commence after the nominated day or after 6 weeks. Pausing period will be added to your current membership if based on the membership (6 months or 12 months agreement). Pausing with Month to Month membership: There is no pausing fee required, maximum up to 28 days each time. Notice must be sent via email to PT PEAK Fitness a minimum of 14 days prior to the next billing date. Recurring payments will start after a maximum number of days automatically unless a cancellation notice is received.

11.3) Pausing with Upfront membership or Pre-Paid PT sessions/Class Pass package: You may pause with no Admin fee or Pausing fee up to a maximum of 28 days only for “medical, maternity, loss in the family” reasons with supporting documentation.

11.4) Gold/PT direct Debit membership: you can pause the membership & recurring payments up to a maximum of 28 days Calendar year with no restrictions. Recurring payment starts on the nominated date or after 28 days.

11.5) All requests must be applied for in writing via email to PT PEAK Fitness and at least 21 days prior to the commencement date of the pause period. PT PEAK Fitness reserves the right to refuse any application for hold at any time. No backdated requests will be approved.

11.6) During your pause, your Digital Key access will be suspended until your membership is resumed and you are not able to access the studio facilities or attend group classes.

12.Your current membership contract/agreement after 6 or 12 months:

12.1) You shall remain in your membership with your existing pricing plan, lock-in pricing with no increase in your membership fee. Membership and recurring payments will auto-renew unless we receive your written notification via email 21 days prior to the date that you wish to terminate or change your membership and return your cancellation form to complete the cancellation process.

12.2) Downgrading to other memberships: You can downgrade to a different membership after you complete your minimum term of agreement/contract. New pricing plans are listed on PT PEAK Fitness website.

12.3) No joining fee or Digital Key access fee required if downgrading/changing your membership within 7 days. (Upfront/Prepaid membership are excluded).

12.4) Termination after 6 or 12 months (Including Upfront payment membership): if you wish to terminate your current membership after your 6/12 month contract/agreement ends, please send written notification via email (21 days prior to the date) to PT PEAK Fitness.

12.5) All requests to change/terminate your membership will require written notification via email and at least 21 days prior to the date that you wish to change/terminate your membership. Notification sent out shorter than 21 days and falling into another billing period will not be refunded.

12.6) If you wish to re-join or sign up with a new membership in the future, the new membership fee will be the latest pricing plans including joining fee and other fees listed on PT Peak Fitness website (www.ptpeakfitness.com.au

13.Membership dues and fees Direct Debit may not be available on all bank accounts. You are advised to check your account details or your financial institution before completing the Direct Debit Authority form. All membership fees may be recovered from your nominated credit / debit account (as provided from time to time). If a membership fee payment remains outstanding, we will continue to debit the nominated credit / debit account for the total amount due without notice to you.

If for any reason payment of your Membership Fee is declined by your credit card/Bank/Direct Debit. $10 Dishonour fee of the failed payment will apply.

13. 1) Failed Payment fees apply if your weekly membership payment is rejected for any reason. If you fail to pay your membership fees, PT PEAK Fitness has the right to transfer your account/membership to Debt collection agency.

13.2) Refunds Except as provided in this Agreement all monies/payments/fees are non-refundable.

13.3)Group class and Personal Training booking: Bookings for group classes and PT sessions are Compulsory. The booking window for group classes will be closed 2 hours prior to the session. For 5:30 am classes please make or cancel the booking the night before.

13.4) Group class cancellation window is 2 hours prior to the class. If you cancel within the 2-hour window or No show the class credit WILL NOT be refunded or restored. Members who reach 3 late cancellations or 3 No shows will be blocked from the Glofox booking system automatically until PT PEAK Staff manually unblock it.

14. Personal Training appointments and cancellation policy: When you purchase a PT package please read through and sign the cancellation policy that PT PEAK Fitness provides.

15. Responsibility for Damage caused by you: You are solely responsible for any damage which you may cause to PT PEAK Fitness, its facilities, services, products, or equipment if such damage is caused by your wilful act and or negligence.

16. Your Health Using and exercising studio facilities may involve the risk of injury and you exercise and use the PT PEAK Fitness facilities at your own risk. You agree to disclose to us all relevant personal health and fitness information prior to and during engagement in any exercise program, service, or facility we provide to you, as part of your membership.

16.1) Please monitor your physical condition at all times and exercise to a level that is appropriate given your knowledge of your health and any medical advice you have obtained. You further warrant and represent that you will advise PT PEAK Fitness of any material changes to your health whilst a member and not use PT PEAK Fitness or any of our facilities, services, or products whilst you are suffering from any infections or contagious illness, disease, or other ailment or while you are 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. PT Peak Fitness reserve the right to refuse entry or terminate memberships based on health reasons for the safety of our members.

17. General Studio Facilities Use

17.1) Dress Code – we recommend fully enclosed, sports shoes in all areas of PT PEAK Fitness during workouts for safety reasons. Please wear Appropriate workout clothes at all times.

17.2) Towels and Cleanliness- we strongly recommend bringing a towel with you. Towels should be used when participating in classes and when exercising on gym equipment to maintain hygiene and safety standards. All used equipment, mats, or attachments must be wiped down with wipes or using disinfectant spray after use.

17.3) Lockers- Lockers are available and located in PT PEAK Fitness. Please look after your personal items. PT PEAK Fitness staff are not responsible for any loss of personal property. All belongings will be removed from the lockers prior to close of business day and they will be removed to the “LOST & FOUND” area. PT PEAK Fitness does not take responsibility for loss, damage, or theft of your belongings.

17.4) Gym Floor – To prevent trip hazards, no bags are to be brought onto the gym floor or facilities area. Weights, bench, box, any attachments, or equipment are to be put away correctly after use. 17.5) No food and drinks besides water are allowed in all equipment/facilities area.

18. Interruption of Services As a result of repair or maintenance, PT PEAK Fitness may be required to restrict the use of or temporarily close the facilities from time to time. There will be no reduction, suspension, abatement, or apportionment of membership fees or other charges during such time when the above-mentioned occurs. Studio hours of operation may be modified from time to time without prior notice. PT PEAK Fitness reserves the right to change the facility from time to time, to eliminate or add facilities and services, and to change the type or quantity of equipment and services. PT PEAK Fitness may from time to time reserve the use of its facilities for special events, competitions, and private functions.

19. Schedule and Equipment PT PEAK Fitness reserves the right to update, move and/or alter the facilities, equipment, and modify the Group Fitness exercise schedule.

20. Change of Personal Details Please keep us promptly informed of any changes of address, phone contact numbers, email address, bank account, and credit card details for payment and any other personal information that is relevant to your membership with us. As a PT PEAK member, you can also log in to your account via PT PEAK Fitness website or Glofox APP to change or update your details.

21. Privacy Statement and Acknowledgment PT PEAK Fitness takes the privacy of our members seriously. We collect personal information from you to provide you with our services, to administer your membership and for other purposes as described in our Privacy Policy. We will only use, disclose or deal with such information in accordance with our Privacy Policy. A full copy of our Privacy Policy is shown on our website (www.ptpeakfitness.com.au). No hard copy of bank or credit card details will be kept in PT PEAK Fitness Premises from March 2023.

22. Governing Law These Terms and Conditions are governed by, and you agree to submit to the laws applicable in the state or territory of your location.

23. Cooling Off Period After signing your Membership agreement Form, you have a 48-hour period (“Cooling Off Period”) in which you may cancel your membership without a Cancellation fee. Notice must be given in writing within 48 hours with our cancellation form and returned to PT PEAK Fitness. Upon cancellation under this clause, a refund may be applicable depending on your membership. If your membership has been processed in the system and you have used your digital key to access our premises and used our facilities or have used the service that PT PEAK Fitness provided, the First payment will not be refunded. We will refund you your joining fee payment only. Refunds will be made by EFT or Credit Card with your nominated account. No Cash refunds will be issued.

24. Variation We may, subject to your rights, alter these Terms and Conditions, Pricing, fees, timetables, or the Rules at any time without notice. Check our website for the latest updates. (ptpeakfitness.com.au) All use of PT PEAK Fitness facilities, services, and products after the date specified in such notice will be subject to such altered Terms and Conditions or Rules and you will have been deemed to accept these variations.

25. Security Surveillance

You acknowledge that PT PEAK Fitness uses CCTV surveillance at the Studio premises (except in bathrooms). This system is used for security purposes but does not guarantee against harm.