membership Terms & Conditions
This Agreement is made in 2020.
The Parties as follows:
REPN Pty Ltd ABN 15 640 652 339 of
(hereinafter referred to as "Us" or "Our" or "We" or "REPN")
The registered REPN member
(hereinafter referred to as "You", "Your" or "Member")
The Parties agree herein after to be collectively referred to as the 'Parties'.
The Parties hereby expressly agree to the following terms as between them:
- From the date of this Agreement REPN and the Member are hereby bound to the terms and conditions hereof.
- The Member is entitled to a cooling off period from the date of this Agreement ending seven (7) calendar days later (at 11:59pm on that day), in which before that date and time the Member may terminate this Agreement by providing written notice of termination to REPN.
- If the Member terminates this Agreement during the Cooling Off the Parties relationship is at an end and no further sums referred to below are payable.
Type of Member
- The type of membership and the period of this Agreement is agreed between REPN and You to be either a:
(a) Casual member;
(b) Three (3) months seasonal membership attending one (1) class or two (2) a week;
(c) Twelve (12) months membership attending one (1) class or two (2) a week;
- The Member hereby agrees to pay the following fees in direct reference to the type and period of membership above:
(a) $ 30 per class as a Casual member;
(b) $25 per week as a three (3) months seasonal membership attending one (1) class per week;
(c) $40 per week as a three (3) months seasonal membership attending two (2) per week;
(d) $20 per week as a Twelve (12) months membership attending one (1) class per week;
(e) $30 per week as a Twelve (12) months membership attending two (2) per week;
- The Member hereby agrees to authorise and direct REPN to debit his/her credit card for the Casual Membership as detailed in Clause 4(a) above for the amount referred to in clause 5 (a) above.
- The Member hereby agrees to authorise and direct REPN to debit his/her credit card or bank account fortnightly for the period of this Agreement as set out in clause 4 for the amount referred to in clause 5 above.
- You hereby agree:
(a) to pay the fees that are set out above as and when due,
(b) that the fees will be payable for the full term subject to the conditions hereof
(c) and give consent to Us debiting your credit card or bank account for those fees.
- If You fail to pay Your fees and do not remedy that breach within seven (7) days of receiving a written notice to do so, We may terminate this Agreement and claim the outstanding fees payable pursuant to the term of this Agreement plus interest at the rate set out by the Supreme Court of New South Wales plus costs on an indemnity basis.
- We may, at Our reasonable discretion, increase Our fees and upon renewal those fees shall be applicable.
- Class Booking and Cancellations
(a) You must reserve your spot in a REPN class by booking your spot through Your Account on repn.com.au
(b) Class schedules will be updated every second Saturday for the following fortnight.
(c) If You cannot make it to a class You have booked, You will need to cancel the class prior to 12 hours of the scheduled class commencing. Any classes cancelled within 12 hours of the class start time, will be considered a late cancellation and that class credit will be forfeited from Your Account.
You and Your Physical Condition
- By entering into this Agreement and/or by participating in any of the classes or services referred to in the attached schedule/REPN Class provided by REPN, or any of it's consultants, employees, agents or licensees of REPN (the 'REPN Class”), You must ensure that You:
(a) are in good physical condition and
(b) capable of undertaking the service provided, and
(c) do not know of any medical condition or other reason why You should not undertake the REPN Class and
(d) indemnify Us, and keep Us indemnified, in relation to all and any injuries, disabilities and or liabilities suffered by You, either directly or indirectly, whether before, during or after any REPN Class.
- The Member hereby agrees that if the Member does not feel that he/she is capable of undertaking the REPN Class then he/she must not undertake the REPN Class and it is not a responsibility of Us to determine that.
- You further hereby agree to provide Us with any relevant health and fitness information about yourself before participating in any REPN Class, during the course of any REPN Class or after participating in any REPN Class.
- You therefore promise that all information that You give Us regarding Your health will be true, accurate and not in any way misleading.
- You hereby agree that You shall not use any of Our services or undertake any of the REPN Class if You are feeling ill, suffering from any illness, disease, injury or other condition of which You have not previously advised Us and that the risk thereof shall not be passed on to Us.
- You may not transfer or assign the terms of this Agreement without Our prior written consent.
- You agree that the term of this Agreement is as set out herein and if You are to terminate the Agreement that You do so at Your own risk, and that You will be liable for not less than 100% of the fees set out herein should You terminate prior to the end of the term.
- You may however, on one occasion per 3-month term, temporarily suspend or freeze this Agreement for up to two (2) weeks only. In order to freeze the agreement, You must provide Us with not less than forty-eight (48) hours written notice. You will not be charged any fees during the freeze period.
- Notwithstanding any other provision of this Agreement We may suspend or cancel this Agreement if We have reason to suspect that You have not complied with this clause.
- It is an essential term and condition of this Agreement that You agree to take care when using any of the equipment and undertake any of the REPN Class and services provided by Us and that You do so safely and properly and that if You are ever unsure as to how to operate or undertake a REPN Class You immediately bring that to Our attention and seek Our assistance.
- You hereby agree to observe, comply with and undertake, to act in accordance with any reasonable directions that We give You during the provision of the services to You. You further agree that You must comply with any reasonable rules or directions that We provide You.
- You further acknowledge that if You breach any of these rules or reasonable directions that We may give You a warning or suspend or cancel this Agreement.
- You further hereby acknowledge that We are engaged in commercial and business activities and that You are not prohibited to engage in any of the same or substantially similar commercial or business activities that We provide without Our prior written permission.
- You and We agree that any inappropriate, indecent or risky conduct shall not be tolerated and that We may suspend or terminate this Agreement should We believe You have undertaken any conduct that We consider inappropriate, acting reasonably.
Privacy and Data use
- For the avoidance of doubt if this Agreement is for a fixed term, and at the end of that fixed term You do not wish to proceed further, Your Agreement comes to an end.
End of Period and holding over
- If however at the end of the fixed term You continue to use Our services You will be charged on a fortnightly basis at the same rate of the then annual or three monthly membership (whichever is relevant).
- You hereby agree for Us to continue to charge Your credit card or bank account in relation to the above holding over period.
- If at any time after the end of that term and during the holding over period You provide Us with 7 days notice, You may terminate the Agreement.
- You may however terminate this Agreement for medical reasons at any time, by providing Us with a written notice (together with suitable medical evidence by a medical practitioner) at which time Your membership will immediately cease.
- At any time during the term We may cancel this Agreement by providing You with not less than thirty (30) days written notice.
Our Liability to You
- We will deliver the REPN Class to you to the best of our ability and with reasonable diligence and in a timely manner.
- You agree that We are not responsible in any way for any loss or damage caused to You during undertaking any of the REPN Class or being provided the services by Us.
- You agree that You are responsible for Your own equipment and that We are not responsible at all for any unlawful act, theft or other misplacement of Your personal items.
- You acknowledge having received Our documents headed:
(a) Waiver and Release of Liability and
(c) Website Terms and Conditions of Use.
Hereby agree to be bound by the terms of each (a) to (d) above as if each were set out in full herein.
- We acknowledge Our requirements pursuant to the Australian Consumer Law ('ACL') and as permitted by law, should any of the clauses in this Agreement conflict with the ACL, the parties agree that the clauses in this Agreement shall prevail.
- Parental consent – If the participant is not You but is your child under 18 years of age and or a person for whom you are a legal guardian ('Child') you hereby confirm that:
(a) You are that person's legal guardian,
(b) You are authorised to give permission for the Child to participate in the REPN Class and
(c) in relation to the promises in clauses 11 to 16 above, You agree to comply on behalf of the Child, and
(d) in regard the indemnities provided for by clauses 16-37 above, You hereby agree that they apply to release any liability We have for the Child.
General Legal Matters
- If for any reason a court decides that any part of this Agreement is or becomes illegal, void or unenforceable, then that part is to be deleted and does not invalidate the remainder of this Agreement.
- If We do not enforce any one of Our rights under this Agreement at any time, it does not mean that We may not do so in the future.
- This Agreement is the entire Agreement between Us and supersedes any oral or other representations or promises that may have been made in media, advertising or orally.
- The applicable law is the law of New South Wales, Australia and both parties irrevocably submit to that law.