Terms & Conditions

Last Updated: October 13, 2024

These terms, together with any club rules, your completed Membership Application Form, Payment Authority, and any online purchases through our Shopify store, make up the entire agreement ("Agreement") between you (the member or customer, "You") and FoxFit Franchising. (ACN 656 126 779) ("FoxFit") and its franchisees. It is important that you read and understand all of the terms and conditions before accepting them. If you have any questions, please contact FoxFit for clarification.

MEMBERSHIP AND ACCESS

Membership Start: Your membership will start on the date specified in your Membership Application Form ("Start Date"), provided that:
a. You have accepted these Terms, the Membership Application Form, and Payment Authority Form; and
b. We have verified your payment method and received any applicable Start-Up Fee.

Commitment Period: Your membership is active from the Start Date for the entire duration specified in your Membership Application Form (the "Membership Period").

Cooling-Off Period: You may cancel your membership within 48 hours of the Start Date ("Cooling-Off Period") by notifying us in writing. We will refund fees for services not used during this period, minus any processing fees and reasonable administrative costs. The Cooling-Off Period does not apply to Casual Packs listed on our website or MindBody app.

Membership Holds: You may place your membership on hold for up to 8 weeks within any 12-month period ("Hold Period"). To request a hold, notify FoxFit via email at accounts@foxfit.com.au with at least 7 days' notice. FoxFit will review your request within 5 working days and suspend your membership within 48 hours of form completion. A $10 weekly administration fee applies during the Hold Period. The Hold Period will extend your commitment period, and you will not have access to facilities during the suspension.

Renewal: At the end of your Membership Period, your membership will automatically renew weekly unless terminated in accordance with paragraph 30.

Age Requirements: You must be at least 16 years old to join FoxFit. Proof of identity may be required upon registration.

Access: You must present your membership card (and any applicable identification) on each visit to access FoxFit facilities.

Non-Transferable: Your membership is personal to you and cannot be transferred to another person.

Amendments: FoxFit reserves the right to amend these terms and conditions at any time. Updated terms will be available on the FoxFit website.

Class Cancellations and No-Shows: You must provide at least 12 hours' notice if you cannot attend a group fitness class. Late cancellations and no-shows will result in a $15 fee for members or a full class fee for non-members.

Payment Availability: Ensure sufficient funds in your account for scheduled direct debits. Failed payments ("dishonours") will incur a $5 administrative fee.

ONLINE PURCHASES

Order Processing: All orders placed through our Shopify store will be processed within 3 business days. You will receive a confirmation email once your order is confirmed.

Payment: We accept various forms of payment, including credit cards, debit cards, and other payment methods supported by Shopify Payments.

Transaction Security: All payment information is processed securely through Shopify Payments. We do not store or have access to your full credit card details.

Pricing: All prices displayed on the website are in [currency] and include [or exclude] applicable taxes. We reserve the right to adjust prices at any time.

Refunds and Cancellations: Refunds for products purchased online will be handled in accordance with our refund policy, as outlined below.

SHIPPING AND DELIVERY

Shipping: We ship to Australia. Shipping costs and delivery times are calculated at checkout and depend on your location.

Delivery Times: Orders are typically delivered within 10 business days. Shipping times may vary depending on your location and external factors (e.g., holidays, weather conditions).

Shipping Confirmation: You will receive a shipping confirmation email with tracking information once your order has been dispatched.

Delays: While we do our best to ensure timely delivery, we are not responsible for shipping delays caused by third-party carriers.

RETURNS AND REFUNDS

Returns: If you are not satisfied with your purchase, you may return it within 14 days of receiving the product, provided the item is unused and in its original condition.

Refunds: Once we receive your returned item, we will inspect it and notify you of the approval or rejection of your refund. Approved refunds will be processed back to your original payment method within 10 business days.

Return Shipping Costs: You will be responsible for covering the shipping costs for returning your item unless the product is defective or incorrect.

GROUP FITNESS MEMBERSHIP

3x Weekly Membership: Limited to 3 group fitness sessions per week (all class types). Weekly direct debit with a 4-week initial commitment. Automatically renews every 4 payments.

5x Weekly Membership: Limited to 5 group fitness sessions per week (all class types). Weekly direct debit with a 4-week initial commitment. Automatically renews every 4 payments.

Unlimited Weekly Membership: Unlimited group fitness sessions per week (all class types). Weekly direct debit with a 4-week initial commitment. Automatically renews every 4 payments.

PERSONAL TRAINING PACKS

10 x 30 MIN | 1-ON-1 | PT: Expires 6 months from the sale date.

5 x 30 MIN | 1-ON-1 | PT: Expires 3 months from the sale date.

30 MIN | 1-ON-1 | PT: Expires 7 days from the sale date.

PAYMENT DETAILS

Membership Fees: Membership fees are payable 7 days in advance, as set out in your Payment Authority Form. All memberships require an initial 4-week commitment, except pre-sale memberships, which require only one billing cycle (7 days) with no lock-in contract.

Direct Debit: Fees will be deducted weekly from your nominated credit card or direct debit account, as specified in your Payment Authority Form.

Facility Access: If your membership fees are overdue, you will not be allowed access to FoxFit facilities.

Fee Adjustments: FoxFit may periodically review and adjust membership fees. Members will be notified of any changes at least 14 days in advance.

Additional Charges: Fees for additional services (e.g., personal training) will be added to your direct debit payment.

TERMINATION

Member-Initiated Termination: After the commitment period (4 weeks from the purchase date), you may terminate your membership by:
a. Providing written notice to info@foxfitlocation.com.au
b. Completing the termination form provided by FoxFit.
Termination will take effect within two billing cycles after the completion of the commitment term. Membership termination is only possible for active memberships (not those on suspension).

Termination by FoxFit: FoxFit may terminate your membership immediately and without notice for:
a. Harassment or threatening behaviour toward staff or other members.
b. Vandalism or damage to FoxFit property.
c. Failure to comply with FoxFit policies, safety instructions, or rules.
d. Allowing non-members access to FoxFit facilities.
No refunds will be provided in cases of termination due to misconduct.

Termination for Breach: If you breach this Agreement or fail to pay fees, FoxFit may terminate your membership.

REFUNDS

Refunds: Refunds are not issued for services unless required by law or at FoxFit’s absolute discretion.

LIABILITY

Limitation of Liability: FoxFit is not liable for any loss, damage, illness, or injury sustained through the use of its facilities, except in cases of gross negligence.

Assumption of Risk:
I understand that participation in fitness activities, including personal training, group classes, and the use of equipment, involves physical exertion and potential risks. I voluntarily participate with full knowledge of these risks.

Medical Clearance:
I confirm that I am in good physical condition and have consulted a physician if necessary before engaging in any physical activity at FoxFit. I acknowledge that it is my responsibility to seek medical advice if I have concerns regarding my health or fitness.

Waiver of Liability:
I release and hold harmless FoxFit, its employees, trainers, franchisees, and affiliates from any claims, damages, or legal actions arising from my participation in any fitness program or activity, whether due to negligence or otherwise.

Indemnification:
I agree to indemnify and hold FoxFit harmless from any claims, liabilities, or expenses (including legal fees) arising from my participation in fitness activities.

Emergency Medical Treatment:
In case of an emergency, I authorize FoxFit to seek medical treatment on my behalf and agree to assume any costs related to such treatment.

Photographs and Media:
I understand that FoxFit may capture photographs or videos during sessions for promotional purposes. I consent to the use of my image in these materials unless I provide written notice otherwise.

Service Guarantees: FoxFit will provide services with due care and skill. FoxFit is not responsible for any injury, death, or loss resulting from your use of the facilities, except where FoxFit has breached its obligations.

Property Damage: FoxFit is not responsible for any damage to or loss of personal property on FoxFit premises. Members are responsible for securing personal belongings.

HEALTH AND SAFETY

You acknowledge that exercising and using FoxFit facilities involve inherent risks of injury. You assume all risks related to your health and fitness.

It is your responsibility to monitor your physical health and exercise to a level appropriate for your fitness and medical advice.

Pregnancy and Medical Conditions: You must notify FoxFit staff if you are pregnant or have any medical conditions that could affect your participation in fitness activities.

FoxFit reserves the right to refuse facility access if there are concerns about your health or the safety of others. A medical certificate may be requested before allowing you to return.

WAIVER, RELEASE, AND INDEMNITY

You acknowledge and accept the risks associated with participating in FoxFit activities. You release and hold harmless FoxFit and its representatives from any liability for injury, death, or property damage.

If signing on behalf of a minor, you assume full responsibility for the minor’s safety and release FoxFit from liability for any injury or damages to the minor.

GENERAL

Personal Information: Personal information provided will be used to process your membership and verify your identity. You have the right to access and correct any personal information FoxFit holds about you.

Change of Details: You must notify FoxFit in writing if your membership details change.

Jurisdiction: This Agreement is governed by the laws of Victoria, and you submit to the exclusive jurisdiction of its courts.

Non-Waiver: FoxFit’s failure to enforce any part of this Agreement does not constitute a waiver of its rights.

Severability: If any part of this Agreement is found to be unenforceable, the remaining terms will continue to apply.

SOCIAL MEDIA AND MARKETING

By participating in FoxFit activities, you grant permission for FoxFit to use your name, photograph, and likeness for promotional purposes. You waive any rights to compensation or ownership of such materials.