Terms and Conditions
These are the terms and conditions of Shape Up Mums Pty Ltd. Please read the terms and conditions carefully and indicate your acceptance of them.
To book and participate in a Shape Up Mums session you must
a) Be at least 18 years of age
b) Be a registered client with Shape Up Mums
c) Complete the Shape Up Mums medical questionnaire
d) Accept the Shape Up Mums terms and conditions
2. Participation in Shape Up Mums Sessions
You may participate in a Shape Up Mums session on the following basis:
a) Session credit holder: Holders of group session credits pay a fixed fee for a number of session credits. The fixed fees are set out in the price list and must be paid in advance.
b) Member: Members pay a fixed monthly fee in return for a period of time during which they may attend a number of Shape Up Mums sessions per week. A minimum membership period of 3 months applies. Prices and details are set out in the price list. A Membership may be “frozen” at any time after the commencement date for a period of time not less than 14 days and not more than 60 days. During this time the membership is not valid. A Membership can only be “frozen” once during every 6 months. Memberships are ongoing until cancelled (unless prepaid for a fixed period). Membership cancellations require 30 days written notice.
NOTE: Holders of a promotional “Free Session Pass” may participate as a session credit holder, subject to acceptance of these terms and conditions. Free session passes are limited to one per person.
- Fees for participation in Shape Up Mums sessions are set out online.
- Fees must be paid in advance of the session.
- Fees may change without notice.
- Fees paid for any Shape Up Mums sessions are not refundable unless with the written authorisation of a Shape Up Mums Director.
4. Online purchases – security policy
You accept that
a) Bookings can only be made online at www.shapeupmums.com.au or by phone.
b) Bookings will be confirmed by email or by phone.
c) You must notify Shape Up Mums if there are any changes to your registration details as completed by you prior to your initial/first booking.
d) You must notify Shape Up Mums if there are any changes to your medical condition which would alter your original response to your medical questionnaire completed by you prior to your initial/first booking.
6. Alterations and cancellations by Shape Up Mums
Every effort will be made to ensure that your session runs as per the details in your booking. However, Shape Up Mums reserves the right to vary session details (including time, location, format and instructor) or cancel a session entirely if necessary. Where appropriate, notice of these changes may be made via email, phone or in person.
If Shape Up Mums changes a session location or cancels a session due to bad weather, bad light or unforeseen circumstances, every reasonable effort will be made to inform customers prior to the session.
7. Cancellations by you
If you cancel a booked session, for whatever reason, the following will apply:
a) Cancellations up to 60 minutes prior to your session – No charge will be applied.
b) Cancellations within 60 minutes prior to your session – your session will be charged.
c) Cancellations once your session has started – your session will be charged.
Membership cancellations: Memberships cannot be cancelled for any reason during the specified minimum membership period unless with the specific written consent of a Shape Up Mums director. Cancellations after this period require 30 days written notice.
Personal Training cancellations: Cancellations for personal training sessions within 24 hours of the scheduled training time will be charged.
8. Personal Information
9. Health and Fitness
You must complete the Shape Up Mums Pre-exercise Questionnaire prior to booking and participating in your initial/first Shape Up Mums session. You undertake to provide Shape Up Mums with true and complete information. If your answers alert staff to any medical concerns from the questionnaire Shape Up Mums reserves the right to reject your application and you will not be permitted to participate in a Shape Up Mums session without the written consent of your doctor, medical practitioner or therapist. In the event of any change to your health, or condition that would affect your ability to engage in physical activity, or to any answer provided in the questionnaire, you undertake to inform Shape Up Mums prior to the commencement of a session.
In the event of an emergency or should the need otherwise arise, you give Shape Up Mums permission to contact your nominated emergency contact, medical practitioner or therapist.
You agree that, when present or participating in a Shape Up Mums session, you will be careful, both for yourself and others, and you will comply with the safety regulations and instructions of Shape Up Mums trainers and drivers at all times. If exercising in a public space you will observe all local rules, road rules and local laws. If at any time a Shape Up Mums trainer or driver considers that you are jeopardising the safety of others, then you may be asked to leave the session and you will not be entitled to a refund or a credit for that session. Shape Up Mums, at its discretion, may also refuse your participation in future Shape Up Mums sessions.
11. Child safety
Shape Up Mums accepts no responsibility for the safety and wellbeing of children during our session. The safety and wellbeing of the child (or children) is solely your responsibility.
You accept that there is a risk (however minimal) of voluntarily involving your child (or children) in this activity and that you involve your child (or children) at their own risk.
12. Acknowledgement and Acceptance of Risk
You acknowledge that participation in physical activity carries with it a risk of injury or damage to personal property and that you voluntarily undertake to participate in a Shape Up Mums session at your own risk.
You represent and warrant that you have disclosed to us all information about your medical condition and history that you are aware of that relates to your participation in a Shape Up Mums session. You understand that participation in a Shape Up Mums session may involve exercise or activity that you should not undertake if you suffer from any medical condition or have a pre-existing injury. You understand that if you are in doubt as to your fitness to carry out physical activity, it is your responsibility to first obtain medical advice or clearance from your doctor, medical practitioner or therapist.
To the extent permitted by law, Shape Up Mums excludes all implied terms or warranties, whether statutory or otherwise arising from or in connection with these Terms.
Limitation of liability
If Shape Up Mums fails to provide the services in accordance with these Terms, Shape Up Mums will, at its discretion, re-supply the services or pay the cost of re-supplying the services.
Exclusion of liability
To the extent permitted by law, Shape Up Mums excludes its liability for any loss (direct or indirect) of any person arising from or in connection with these Terms or participation in, or transport to/from, a Shape Up Mums session, including, without limitation, any loss (direct or indirect) arising from or in connection with:
- any injury or illness you suffer as a result of any on-going medical condition or a poor standard of health or fitness; or
- any medical condition, injury or illness which you sustain during any session run by Shape Up Mums; or
- any medical condition, injury or illness which your child (or children) sustains during any Shape Up Mums session; or
- any damage to or loss of your personal property during any session run by Shape Up Mums.
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you-
- are rendered with due care and skill; and
- are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
- might reasonably be expected to achieve any result you have made known to the supplier.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.
NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
Except to the extent of Shape Up Mum’s, or a Shape Up Mums employee’s, negligent acts or omissions, you agree to indemnify and hold harmless Shape Up Mums and all its employees from all loss (direct and indirect) for which Shape Up Mums or any of its employees may become liable as a result of any claims or actions which you make or which are made on your behalf due to any loss (direct or indirect) that you may suffer as a result of a breach of these Terms or participating in a session run by Shape Up Mums or relating to any bus transport supplied by Shape Up Mums.
15. Changes to these Terms and Conditions
Shape Up Mums reserves the right to change these Terms and Conditions without notice. Once a customer has successfully registered as a client by accepting the Terms and Conditions the responsibility is upon themselves to maintain an awareness of the current Terms and Conditions of Shape Up Mums. To enable this, the Terms and Conditions will constantly be available from the Shape Up Mums website.
Please read these terms and conditions carefully. If you have any questions regarding their content, then please seek independent advice or alternatively you can call Shape Up Mums on 1300 857 742. You must accept and agree to these terms and conditions before your registration can be confirmed. Failure to do so will result in you not being able to participate in Shape Up Mums sessions, and your registration will not be processed.
I have read and understood the above and agree to the by Shape Up Mums Terms and Conditions.