Membership Terms and Conditions Agreement
This Membership Terms and Conditions Agreement is entered into between The Reform Room Pty Ltd ACN 678 705 050 trading as ‘The Reform Room” and the Member.
Periodic Agreement
This is a periodic agreement which will continue until either you or we terminate it in accordance with the terms and conditions of this agreement.
Cancellation of Direct Debits
Pursuant to the terms of your Direct Debit Authority, your membership fees will continue to be debited from your nominated credit card or bank account until we cancel the arrangement notifying the DD provider following your termination of this membership agreement. If you terminate the direct debit authority in a manner not described in this membership agreement, you may be liable to us for damages for breach of conduct.
No Cooling Off Period
This membership agreement is not subject to any cooling off period.
1. Membership
1.1 The Member agrees to purchase a membership package for access to The Reform Room studio.
1.2 Memberships are non-transferable and non-refundable and can only be used by the named Member that has purchased the membership.
1.3 All members must be at least 18 years of age.
1.4 Any member under the age of 18 must be accompanied by a parent/guardian who is 18 years or older, written consent must be provided by the parent/guardian and signs this agreement on behalf of the underage member.
1.5 All members are required to download The Reform Room app to gain access to the facilities and use the services. By downloading the app you acknowledge that you have read and understood to these terms and conditions.
1.6 All membership packages require at least 30 days written notice to cancel the membership. Cancellations for memberships must be requested via email to hello@thereformroom.com.au. You must include your name and reason for cancelling. Payments will continue as per usual during this notice period.
1.6.1 If your request for cancellation is for the reason of permanent sickness or a physical condition that prevents you from using the studio, your request must be accompanied by a medical certificate evidencing such permanent sickness or physical condition and there will be a refund of any unused fees.
1.6.2 In the event of death, your estate must provide written evidence in the form of a death certificate and all unused fees will be refunded.
1.7 The Platinum Membership is a 12-month minimum term membership. If the membership is cancelled before the 12-month period, you will be charged a cancellation fee of $300 including GST.
1.8 To change membership package, at least 14 days written notice must be provided.
1.9 Members can pause their memberships by providing written notice at least 30 days in advance. Memberships can be paused for a maximum of 60 days during any 12-month period. Membership will resume from the date you advise.
1.10 If a member is pregnant or up to 8 weeks postpartum, they may defer their membership for 6 months.
1.11 The Reform Room reserves the right to terminate your membership under any of the following conditions:
1.11.1 You have been found to have conducted yourself in an inappropriate manner.
1.11.2 You fail to abide by the conditions listed in this agreement.
1.11.3 You have risked the wellbeing and safety of yourself and other members in the studio.
1.11.4 Upon termination of membership, you will no longer have access to the studio and any money owing to The Reform Room once the membership ends, remains immediately due and payable. The amount owed will be deducted from any refund you may be eligible otherwise you must pay the balance owing.
1.12 Upon termination of your membership, you may continue to use the studio for any period you have paid in advance. You will no longer have access to the studio once any period you have paid in advance expires.
1.13 In the event the studio temporarily or permanently needs to close and a suitable replacement studio is not available, The Reform Room reserves the right to suspend or terminate your membership.
2. Fees and Payments
2.1 All prices The Reform Room charges are listed on the website. The Reform Room reserves the right to change the prices for products displayed at any time and to correct pricing errors that may inadvertently occur. Written notice will be provided to the member at least 30 days before price change.
2.2 The member agrees to pay the membership fees as outlined in the membership package selected.
2.3 Membership fees will be deducted from your nominated credit card or bank account on a weekly basis.
2.4 Membership fees are processed using a third-party gateway provided by GloFox. Payments made through GloFox are subject to GloFox’s own terms and conditions. Direct Debit payments will incur a 1% surcharge + $0.40.
2.5 In the event that a weekly direct debit payment is dishonoured by the members financial institution, the member will be charged at $10 dishonour fee.
2.6 Failure to pay membership fee or comply with the terms and conditions may result in suspension or termination of the membership.
2.7 The member acknowledges that the terms and conditions of the third party gateway and GloFox may be updated any time. The most up to date version of the terms and conditions can be accessed directly from their website.
3. Studio Access
3.1 The Reform Room operates daily Sunday to Saturday, 4am to 9pm.
3.2 By signing this agreement, members acknowledge that The Reform Room studio is unstaffed at all times and members are responsible for their own safety and well-being whilst the studio is unstaffed.
3.3 Failure to comply with the rules and policies of the studio or any misconduct or violation will result in suspension or termination of the membership.
3.4 The Reform Room is exclusively for members only and non-members are not permitted into the studio. Should a member be found to have breached this clause, their membership will be terminated and they acknowledge the following:
3.4.1 They accept responsibility and liability on their personal behalf for any injury, loss or damage attributed to the non-member.
3.4.2 The member will be charged a $50 ‘tailgating’ fee which will be debited on the next payment cycle.
3.5 Members may bring minors into the studio, provided they have written consent from The Reform Room. The member accepts all liability for the minor and the minor is not permitted to use any equipment in the studio or participate in any exercises.
3.6 Members are required to download The Reform Room app to gain access to the studio.
4. Medical and Health Responsibility
4.1 By agreeing to the terms and conditions, the member agrees that they are medically sound to undertake physical activity and normal exercise. The use of The Reform Room facilities is at the sole risk and responsibility of the member.
4.2 The member is aware that the exercises are physically demanding and participation in some activities may pose a risk to your health.
4.3 The Reform Room is not a medical practice and its employees cannot offer you medical advice or a diagnosis. The Reform Room is not qualified to assess if you are in good physical condition and that you can partake in any exercise without risking your health and safety. The Reform Room suggests you seek professional advice before starting any exercise should you have doubts.
4.4 Members with pre-existing medical conditions or injuries must seek medical advice prior to using the facilities.
4.5 Members must disclose to The Reform Room if their medical condition changes at any time.
4.6 The Reform Room has the right to deny access to members that do not have the correct medical clearance.
4.7 Members must be under 150kgs which is the maximum weight limit the reformer machine can take.
4.8 Members agree to not operate the reformer machine or use any other equipment under any of the following circumstances. Failure to comply with these conditions may result in the suspension or termination of your membership.
4.8.1 They are under the influence of alcohol or drugs.
4.8.2 They have an infection, contagious illness or physical ailments such as an open cut or sore.
4.8.3 You use abusive or threatening language or behave in a threatening, irresponsible or inappropriate manner.
5. Orientation
5.1 It is a condition of entry into The Reform Room facilities that the member completes an orientation prior to commencing their first session.
5.2 The orientation is a short video that details but is not limited to, access, layout, amenities, entry and exit doors and emergency procedures.
5.3 The orientation video can be found here.
5.4 The Reform Room reserves the right to suspend or terminate your membership if the orientation has not been completed to a satisfactory standard.
5.5 The member acknowledges that they were not provided with medical advice from The Reform Room or its employees before or after they used any equipment or participated in a session.
6. Video and Surveillance
6.1 For security and safety purposes, the studio is monitored by 24/7 CCTV. Only the floor areas and entry points are monitored. By accepting the terms and conditions agreement, you acknowledge that you will be subject to video surveillance and recording when accessing the studio.
7. General Conditions of Use of the Studio
7.1 Members must wear suitable fitness clothing when using the reformer machines, such as but not limited to grip socks and no loose clothing.
7.2 Members must enter and exit the premises without making unreasonable levels of noise and disrupting other members within the studio and/or nearby neighbours and other customers of the precinct.
7.3 Members must stop any physical activity in the event of injury, discomfort and/or illness.
7.4 Members must not allow non-members entry into the studio.
7.5 Members must clean the reformer machine and any other equipment after each use and dispose of wipes in the bin provided.
7.6 The Reform Room is a non-smoking studio.
7.7 Photography or filming may be conducted by The Reform Room within the studio. It is possible you will appear in the background. By agreeing to this agreement, you allow The Reform Room to use your image in promotional and/or other business-related material. Such material may be posted online and on social media.
7.8 Members must adhere to all studio policies and procedures including but not limited to dress code, equipment usage guidelines and cleanliness standards.
7.9 Any breach of studio policies or procedures may result in the suspension or termination of membership.
8. Valuables and Lost Property
8.1 The Reform Room employees or contractors are not responsible for any loss, and/or stolen damage to personal property within the studio. The Reform Room recommends you keep all personal property with you whilst in the studio.
8.2 The Reform Room is an unstaffed studio so therefore is unable to look after any personal property whilst you are within the studio.
8.3 The member will be liable for any cost, damages and/expenses arising from any damage to property.
9. Equipment
9.1 The member understands and acknowledges that the reformer machine and all other equipment is purchased through a third party and therefore The Reform Room does not manufacture any of the equipment used in the studio.
9.2 The member understands and acknowledges that The Reform Room is providing recreational services and will not be held liable for defective products or equipment.
10. Your Reformer Kiosk
10.1 The Reform Room utilises the use of Your Reformer Kiosks which allows the members to complete workouts.
10.2 The Kiosk provides instructional workouts and programmes that can be followed and implemented by the member. However, these are not tailored workouts to each member and the Kiosk does not consider the specific needs, abilities, circumstances, fitness or physical requirements of each member.
10.3 The member is responsible and liable for the use, acts and omissions in respect of the Kiosk. The member shall be liable for and indemnify and keep indemnified us and out directors, owner, employees against all actual, direct, indirect or alleged claims, damages, demands, losses, costs, liabilities, suits, actions, expenses or proceedings of whatsoever nature whether arising under any statue or at common law arising out of or in connection with:
10.3.1 The members use of the Kiosk and/ or application or any claim (including any third party claim) in respect of the use of the Kiosk (including for injury to person (which shall include illness) or death of any person (including the director, owner and employees)), provided that this indemnity will not apply to the extent we are in breach of these Terms or Use;
10.3.2 The members or a Kiosk users wilful misuse of or misconduct in connection with the Kiosk or Kiosk software.
10.3.3 The members or a Kiosk user actual or alleged use of the Kiosk or any of our software in violation of the Terms of Use or in violation of applicable law; or
10.3.4 Any actual or alleged infringement or misappropriation of third party intellectual property rights or breach of privacy obligations arising from data provided to use by the member or otherwise inputted into the Kiosk by the member or user.
11. Amendments
11.1 The Reform Room reserves the right to amend these terms and conditions any time.
11.2 Notice of amendments will be provided to all members via email or posted within the studio.
12. Privacy Policy
12.1 The Reform Room Privacy Policy forms part of this agreement and is available on The Reform Room website and on request from The Reform Room.
13. Membership Queries
13.1 All queries and comments about the services provided under this agreement should be directed to The Reform Room via email.
13.2 All queries and comments regarding direct debit billing should be directed to GloFox.
13.3 The member acknowledges that GloFox has been engaged by The Reform Room to collect the fees due under this agreement if paying by way of direct debit and acknowledges that all rights of the studio under this agreement are able to be enforced by GloFox as if it were The Reform Room without any involvement on the part of The Reform Room or the consent of the member.
14. Complaints
14.1 If the member has any complaints regarding the service of The Reform Room or any other issue, you can send your complaint in writing to hello@thereformroom.com.au. The Reform Room will make a record of your complaint and inform you that we have received and recorded your complaint and will endeavour with every reasonable effort to resolve your complaint quickly and fairly.
15. Risk Warning
15.1 The Reform Room advises you that whilst you are within the studio and using the equipment, you are at risk of suffering physical harm or personal injury, not limited to broken bones, soft tissues injuries, joint injuries, permanent disability or death. These injuries may occur from any of the following situations:
15.1.1 Being struck by equipment
15.1.2 Slipping or falling
15.1.3 Colliding with members and/or equipment
15.1.4 Engaging in strenuous activity
15.1.5 Incorrect use of equipment
15.2 The member acknowledges and agrees that the above mentioned injuries and potential causes are not exhaustive and there are other unknown or anticipated risks that may result in injury, illness or death.
15.3 The member acknowledges that whilst every attempt is made to ensure that the services and facilities provided are safe to use, there are some significant risks involved and you agree that you are participating voluntarily at your own risk and responsibility, therefore exposing yourself to certain risks.
16. Liability Waiver
16.1 By accepting this agreement, you agree to restrict our liability if you are killed or injured with the result that compensation may not be payable if you or a third party suffers death or personal injury.
16.2 The member agrees to use the studio and its facilities and equipment at their own risk and acknowledge that the use of equipment may involve the risk or injury whether cause by themselves or another party. By accepting the agreement, the member agrees, that to the extent permitted by law, The Reform Room will not be liable for any loss, injury, damage or theft of property belonging to or brought into the studio by you or for any death, personal injury or illness in the studio or from using the equipment or facilities.
17. Entire Agreement
17.1 This agreement establishes the entire understanding between The Reform Room and the Member and supersedes all prior agreements and understandings, whether oral or written, relating to the subject matter herein.
17.2 The member acknowledges that The Reform Room and its employees did not give any medical advice before using the equipment or participating in any session and cannot give any medical advice after using the equipment.