Membership Terms & Conditions.
The Applicant hereby agrees to be bound by these Terms and this Agreement and acknowledges and agrees that the Services provided by Body Catalyst are provided subject to these terms and conditions:
In this Agreement:
• “Shape Shifter Membership” means our 6 month shape shifter membership as set out on our Site
• “Tight Ass Membership” means our 6 month tight ass membership as set out on our Site
• “Young Pretender” means our 6 month young pretender membership as set out on our Site
• “Applicant” and “I” and “you” means the person completing the Application and applying to be a member of Body Catalyst and includes the Guardian, where the Applicant is under 18 years of age;
• “Application” means the physical or online application form for a Membership with us;
• “Body Catalyst” “our” or “us” means BC Leasing Group Pty Ltd (ACN 629 064 295) trading as Body Catalyst and all instructors, agents, servants, contractors and employees.
• “Centre” means a Body Catalyst premises and any other area from which the Services are provided;
• “Content” means all photographs, film, audio, video or other recording, still or moving, taken of the Applicant before, during or after the Treatments and any written or spoken testimonials of the Applicant;
• “Family Membership” means our 6 month or 12 month family memberships as set out on our Site;
• “Fees” means the fees set out on the selected Membership Type on the Application;
• “Guardian” means the parent or legal guardian of the Applicant who executes the Application;
• “Membership” means any membership (including an Accelerator Membership or Family Membership) granted to the Applicant which enables them to participate in the Treatments, as described in this Application and the Terms;
• “Participant” means any person to whom membership in Body Catalyst is given, and includes the Applicant in the event that this Application is accepted by us;
• “Services” means the Treatments provided by us to Participants as advertised and offered by us from time to time;
• “Site” means www.bodycatalyst.com.au;
• “State” means NSW or VIC
• “Treatments” means any treatments which Participants engage in at the Centre.
2.1. The Applicant will pay on demand the stated Fees for the Services as set out in the Application or as notified in writing to the Applicant.
2.2. Fees must be paid fortnightly in advance.
2.3. You are responsible for ensuring you have sufficient funds available on the nominated card or account provided as well as updating us of any changes to card information such as expiry dates.
2.4. You will be charged a non-refundable fee of $10.00 for any dishonoured or declined payments.
2.5. Interest of 8% per annum calculated daily will be charged on any overdue payments.
3. Suspension and Cancellation
3.1. In respect of an Accelerator Membership the Applicant may not terminate this Agreement during the term.
3.2. In respect of a Family Membership, the Applicant may terminate this Agreement during the term on 30 days written notice to Body Catalyst and payment of a cancellation fee equal to 50% of the remaining charges for the balance of the term of the Membership.
3.3. The Applicant may suspend the balance of their Membership for a period of:
3.3.1. up to 2 weeks in respect of a 6 month Membership; or
3.3.2. up to 1 month in respect of a 12 month Membership,
on 14 days written notice to Body Catalyst where the Applicant has a genuine reason for being unable to utilise their membership (which shall be determined by Body Catalyst in their sole discretion).
3.4. Body Catalyst may terminate this Agreement on 7 day’s notice to the Applicant without cause.
3.5. Body Catalyst may terminate this Agreement immediately where the Applicant breaches this Agreement or breaches any other reasonable direction of Body Catalyst.
3.6. Where Body Catalyst terminates this Agreement under clause 3.5 the Applicant will be immediately liable for the Fees that would have been payable to Body Catalyst for the balance of the term of the Membership together with Body Catalysts internal and legal costs of enforcing this Agreement.
4. Membership Benefits
4.1. You will be entitled to the benefits listed on our Site from time to time that accord with your Membership type.
4.2. Body Catalyst reserves the right to amend the benefits and/or inclusions provided under a Membership type where Body Catalyst determines it to be necessary or desirable to do so.
5. Credits for Family Memberships
5.1. In respect of Family Memberships, one credit will accrue each fortnight.
5.2. The Applicant may redeem the credit(s) for Treatments in accordance with the Treatments and credits required to redeem such Treatments set out on our website from time to time.
5.3. We reserve the right to change the Treatments available for redemption and/or the amount of credits required to redeem such Treatments at any time.
5.4. Any unused credits from previous months will remain valid for use for 3 months from the date they were accrued.
6.1. Where you have a confirmed appointment for a Treatment, you must provide us with a minimum of 48 hour’s notice if you wish to cancel or reschedule your appointment otherwise your appointment and associated fees/credits will be forfeited.
7. Body Catalyst Rules
7.1. The Applicant agrees to comply with any written Body Catalyst rules that may be displayed in the Centre from time to time. Any breach of the Body Catalyst rules shall constitute a breach of this Agreement.
9. Warranty and Liability
9.1. Body Catalyst accepts liability for all legal guarantees and warranties expressed or implied to the transactions under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth), or any other legislation (such as the Fair Trading Acts (or equivalent legislation) in each State and Territory) the effect of which cannot be excluded.
9.2. Where we are permitted by law (and subject to clause 8.1):
9.2.1. we do not warrant or represent the suitability of the Services for any purpose; and
9.2.2. we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the Services.
9.3. Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
10. Content Release
10.1. The Applicant hereby assign’s full copyright of the Content to Body Catalyst together with the right and permission to license the Content and/ or to take, use, re-use, publish and re-publish the Content, either separately or together, either wholly or in part, or composite or distorted in character or form, without restriction as to changes, in conjunction with the Applicants own or a fictitious name, or reproductions thereof in colour or otherwise, made through any medium, and in any and all media now or hereafter known, specifically including but not limited to print media and distribution and sale over the internet, illustration, promotion (including through Body Catalyst’s social media channels such as linkedin, facebook, instagram and twitter and EDM to Body Catalyst’s database), art, marketing and packaging for any product or service, editorial, advertising, trade, or any other purpose (except defamatory). The Applicant agrees that the Content may be combined with other images, text, graphics, film, audio, audio-visual works; and may be cropped, altered or modified. The Applicant understands that the Content may be licensed to businesses and individuals nationally and internationally for a fee.
10.2. To the extent that the Content contains information about your medical diagnosis and treatment, it would be regarded as sensitive data, which by law requires your explicit consent to allow us to process it. You grant Body Catalyst the right to disclose these materials to third parties and media.
10.3. It is agreed that the Applicants personal information (save as expressly provided for in these Terms) will not be made publicly available but may only be used directly in relation to the licensing of the Content where necessary (e.g. to defend claims, protect rights or notify trade unions) and may be retained as long as necessary to fulfil this purpose, including by being shared with assignees of Body Catalyst.
10.4. The Applicant hereby releases Body Catalyst (and Body Catalyst’s assigns) from all claims and liability relating to the Content. The Applicant agrees that they have no rights to the Content, and all rights to the Content belong to Body Catalyst (and the Body Catalyst’s assigns). The Applicant agrees that this release is irrevocable, worldwide and perpetual.
11.1. Notices shall be provided by the Applicant to Body Catalyst by email to email@example.com or in writing to [respective clinic address].
11.2. Notices shall be provided by Body Catalyst to the Applicant by email or in writing to the email address and address stated on the Application.
12. Acknowledgement by Parent, Guardian and Supervisor
12.1. Where this Agreement is signed by the Parent/Guardian/ Supervisor of the Participant, the Parent/Guardian/Supervisor consents to the minor’s participation in the Treatments and provides the acknowledgements and indemnities in this Agreement in its own right and on the Participant’s behalf.
13. Severability of Terms and Governing Law
13.1. These Terms shall apply in the event of any inconsistency with other general terms and conditions, refund policy or returns policy set out on the Site.
13.2. If anything in this Agreement is unenforceable, illegal or void then it is severed, and the rest of this Agreement remains in force. The terms of this Agreement are governed by the laws of the State and the Courts of the State shall have exclusive jurisdiction to entertain any action in respect of the Agreement.
During this unprecedented time, any credits accrued and unused may expire after 3 months but may continue to be redeemable during the term of your Membership until otherwise advised.
Version date: 30 July 2020