Terms and Conditions:
By completing the Cycle Studio application form you agree to be bound by the terms and conditions contained in this document if your application is accepted.
Class User means a User who is not a Member and uses Cycle Studio facilities from time to time.
Cycle Studio, us, we, our means Cycle Studio (SS Brown Holdings Pty Ltd, ACN 156 407 680.)
Equipment means the exercise cycles used during Cycle Studio classes, and any other related equipment used by Users in Cycle Studio.
Fortnightly Fee means a rolling fortnightly payment arrangement between a Member and Cycle Studio for use of the Cycle Studion facilities as set out in these terms and conditions.
Junior Member means a person that is a User and is aged between 11 and 18 years of age, and whom on application provides a signed letter of authority from one of that person’s parents consenting (verified with photographic identification) to the person being such a member .
Member means a User who has entered into a Fortnightly Fee contract payment arrangement with Cycle Studio, or has elected to pre-pay a lump-sum fee as agreed between the Member and Cycle Studio for a specified period of time.
User, you, your means the person described in the application form that uses the Cycle Studio facilities.
(b) Members are Users who have completed a Cycle Studio application form to use the facility, subject to the Terms and Conditions. Cycle Studio, at its sole discretion, reserves the right to refuse a person’s application to be a Member.
(c) The maximum term for prepayment of Membership is 12 months.
(d) Members are permitted to book an unlimited amount of classes, and may use the Cycle Studio facilities outside of class time for personal use as agreed with Cycle Studio.
3.2 Class Users
(a) Class Users are persons who use the Cycle Studio facilities from time to time, agree to these Terms and Conditions, and who pay the fee set by Cycle Studio, at its discretion, for the provision of cycle class services each time they use the Cycle Studio facilities.
(b) Class Users may participate in Cycle Studio classes at any time providing they accept the terms and conditions online each time they book a scheduled class and that the class has capacity to accommodate Class Users.
3.3 Other Users
Cycle Studio reserves the right to create new categories of Users that may have different fee structures, costs and discounts. Potential categories include, but are not limited to, corporate, university students, seniors, sporting teams and junior or secondary school students.
4 Payment and Fees
4.1 Joining Fee
Payment of the joining fee shown on this application is a precondition of any use of Cycle Studio.
4.2 Re-joining Fee
Cycle Studio reserves the right to, at its discretion, charge a re-joining fee to Members who have cancelled their Membership and seek to re-join at a later date.
4.3 Fortnightly Fee payment
(a) The Fortnightly Fee payment arrangement will require payment to be made on a fortnightly basis by credit card, electronic funds transfer, Paypal or any other method (including cash or cheque payments) as chosen at the discretion of Cycle Studio.
(b) You agree that the banking details you submit in your application form are accurate and up to date and you must notify Cycle Studio of any changes to your financial details stated on this application. You authorise Cycle Studio to charge the relevant fees payable to the credit card, bank account or other method as provided by you.
Alternative payment arrangements, such as pre-payment of fees for Members joining for up to 12 months are available to you at the discretion of Cycle Studio. The maximum length of a pre-paid fee arrangement is 12 months, pursuant to the Fitness Services (Pre-paid Fees) Act 2000.
4.5 Dishonoured Payment
(a) Any costs and fees associated with late payment, merchant fees, dishonour fees or similar charges associated with your payment method will be borne by you.
(b) Cycle Studio, at its discretion, reserves the right to charge an administration fee regarding dishonoured payments.
4.6 User Fees
(a) The Member fee charged to Members using Cycle Studio is shown on this application, and may change in accordance with clause 4.7(a).
(b) The Class User fee charged to Class Users per session is shown on this application, and is subject to the terms of clause 4.7(b).
4.7 Changes to fees charged
(a) Cycle Studio reserves the right to increase the Fortnightly Fee charged to Members for use of Cycle Studio 30 days after notice is given.
(b) Cycle Studio reserves the right to change Class User fees based on the time or day of the booking, or generally from time to time. The Class User fee will be confirmed when the online booking is completed.
(c) Cycle Studio reserves the right to charge different Class Users different fees based on clauses 3.3 and 4.6(d).
(d) Cycle Studio reserves the right to offer incentives or discounts, at its discretion, to promote increased participation by Class Users and to encourage new Users.
5 Cancellation, termination and refund
5.1 Cancellation and termination
(a) Pre-paid Membership
Termination for any reason other than clause 5.2(a) requires a written request to be completed.
A reasonable administration cancellation processing fee may be charged by Cycle Studio at the discretion of Cycle Studio.
(b) Fortnightly Fee
(i) A Member will forfeit their Fortnightly Fee payment arrangement where they fall behind in payment for more than 30 days. Such member shall continue to be liable for any outstanding payments.
(ii) A Member paying a Fortnightly Fee may cancel their Fortnightly Fee payment arrangement if they do not agree to accept a change in fees as outlined in clause 4.6(a) by giving 14 days notice of the desired cancellation date.
(c) Termination by Cycle Studio
Cycle Studio reserves the right to, at its discretion, cancel a Member’s membership by giving notice to the Member.
5.2 Member deferment and termination
(a) Member deferment (timestop)
(i) Where for any reason you are unable to use the services offered at Cycle Studio, you are entitled, on giving 14 days notice by email to Cycle Studio, you are entitled to 4 weeks deferment (timestop) in a 12 month period with a minimum of 7 days at a time.
(ii) In the event that a deferment (timestop) of longer than 4 weeks is required in a 12 month period and is agreed by Cycle Studio with you , you will required to pay a weekly holding fee, of $5.
(iii) In the event that you decide to cancel the membership for a longer deferment period there may be a $40 re-joining fee.
(b) Member termination
(i) Where for any reason you are unable to use the services offered at Cycle Studio, you are entitled on giving 14 days notice by email to Cycle Studio, to terminate your membership.
(ii) In respect of a Pre-paid Membership, at the expiration of the notice period Cycle Studio will at its sole discretion calculate the unused portion from the date Cycle Studio received notice from you, and may refund the calculated amount to you.
(iii) A reasonable administration charge, calculated at the discretion of Cycle Studio, may be deducted from the amount refunded.
6.1 Booking classes
(a) All classes are to be booked using our online booking system accessible on the Cycle Studio website.
(b) Class Users will be able to book a class online following the completion of the online application form and acceptance of Terms and Conditions.
(c) Where a class is fully booked, a waiting list facility will be available on the Cycle Studio website.
(d) Classes can be booked a maximum of 14 days in advance. The fortnightly timetable will be released every Sunday, subject to change from time to time.
(e) Cycle Studio will advise all Members of any change to timetables or booking procedures.
(f) Class types and times are subject to change from time to time at the discretion of Cycle Studio.
6.2 Booking and Cancellation Policy
(a) When you cannot attend a booked class, you may cancel the booking on the online system without incurring a cancellation fee providing the cancellation is made at least 24 hours prior to the scheduled start time of the class.
(b) Where a booking is not cancelled at least 24 hours prior to the scheduled start time of the class and you do not attend the class, a cancellation fee will be charged. Cycle Studio reserves the right to change this booking fee at its discretion, from time to time.
(c) Cycle studio may, at its discretion, waive the cancellation fee or offer a free class to Class Users based on consideration of the circumstances of the cancellation, from time to time.
7 Access to the studio
7.1 Operating Hours
Cycle Studio facilities operating hours will be available on the Cycle Studio website and may, at the discretion of Cycle Studio, be subject to change from time to time. Cycle Studio will post any changes to the facility operating hours on the booking website.
7.2 Entry credentials
(a) Access to the Cycle Studio facility will be granted upon presentation of the requisite credentials.
(b) Cycle Studio reserves the right to refuse admission of a User to the facility.
7.3 Access between scheduled classes
Access to and use of Cycle Studio facilities is permitted during specified times between scheduled classes at the discretion of Cycle Studio. The availability for use of Cycle Studio facilities for these purposes will be incorporated into the online timetable. Use of the Cycle Studio facilities at this time will be charged at no additional cost for members and at a discounted rate for Class Users as advised on the Cycle Studio website, subject to change from time to time.
8 User obligations
8.1 General conduct
Within the Cycle Studio facilities, you must conduct yourself in a civil manner respecting the rights and reasonable expectations of other Users and Cycle Studio staff.
8.2 Staff instructions
You are required to follow staff instructions and requests.
(a) By completing this application you represent to Cycle Studio that you are in good physical condition and have no health or medical issues or impairment that may prevent you from using the Equipment safely.
(b) You acknowledge that Cycle Studio staff are not medically trained and will not provide any medical advice either before, during or after your cycling classes.
(c) You must consult with your doctor regarding any medical or health concerns you have before using Cycle Studio Equipment.
(d) You must advise Cycle Studio of any pre-existing medical conditions and health or medical issues that arise throughout your membership after accepting these terms and conditions.
(e) Cycle Studio reserves the right to use its discretion to prevent you from using the Equipment based on your medical and health conditions.
(f) Cycle Studio classes can be an intense form of exercise. You agree to familiarise yourself with the types of classes offered at Cycle Studio and book classes that correspond with your fitness level and ability.
(g) You should not use Cycle Studio facilities if you suffer from infectious or contagious illnesses, cardiac health issues, low or high blood pressure or any other disease, illness or ailment that could detrimentally affect your health and well-being, or the health and well-being of any other Users of Cycle Studio, or its employees.
8.4 Hygiene and towels
For your own health and safety, you are required to provide and use your own towel when in Cycle Studio and agree to leave Equipment in a clean and hygienic condition following use by wiping down the exercise bike and spraying with provided cleaning agent as directed by staff.
8.5 Equipment use
(a) You agree to use Equipment as per staff member instructions, displayed signage and only in the manner that it is intended to be used.
(b) You agree to replace Equipment to its correct position following use, and follow any cleaning and hygiene instructions as required.
(c) You agree to notify staff of Cycle Studio immediately if you notice or use any Equipment that you believe may be faulty.
8.6 Dress code
Suitable and appropriate footwear and clothing must be worn in the cycling area at all times. Cycle Studio may, at its discretion, advise a User if they are not permitted to operate the Equipment due to the clothing worn.
Emergency exits will be clearly marked at the Cycle Studio facility. In the event of an emergency, Users must evacuate by moving to the nearest available emergency exit. The Cycle Studio evacuation procedure will be displayed at the Cycle Studio facility.
Users understand and agree that Cycle Studio may operate CCTV monitoring in the perimeter, foyer, and main cycle studio areas of the premises. Any data stored or collected will be securely held, kept confidential and only disclosed where required by law.
You agree to undertake a scheduled orientation at the discretion of Cycle Studio, from time to time, to familiarise yourself with the facility and Equipment.
You agree to indemnify Cycle Studio for any injuries, losses, damages, expenses, liabilities, claims and actions that Cycle Studio incurs arising out of, caused by or attributable to any conduct by you.
13 Liability and release
Cycle Studio honours all benefits to which you are entitled under the Australian Consumer Law, and otherwise we exclude all liability to the fullest extent permitted by law, including, but not limited to:
(a) You acknowledge that you use the Equipment provided at your own risk and agree to release and not hold Cycle Studio, its owners, directors, employees, representatives and agents responsible for any actions or claims you, or other parties on your behalf may make regarding or arising out of any injury, loss, damage or death caused to you or your property caused by negligence, breach of contract or any other cause;
(b) Cycle Studio is not liable for any personal property lost or damaged on Cycle Studio premises; and
(c) You acknowledge that Cycle Studio is providing recreational services and is not liable for defective products or Equipment. Cycle Studio purchases the Equipment from a third party and does not manufacture any of the equipment you will use at Cycle Studio and therefore will not bear any liability relating to the manufacture of, and any relevant safety defects associated with, the Equipment.
Cycle Studio will keep all confidential information in accordance with applicable Australian privacy laws and regulations. Your contact details will not be passed on to another organisation or third party unless required by law, or where you consent to this
You agree to your contact information being used for the purposes of internal marketing campaigns, educational material and any other information that Cycle Studio believes may be of interest to you. You may notify Cycle Studio if you do not want your contact information used for these purposes.
15 Working with children
All Cycle Studio employees will hold current Working with Children Check clearances as required by law.
(a) You can communicate with us by writing, email or through the Contact Us section of the Cycle Studio website.
(b) We can communicate with you by writing, email or through notifications in the booking facility of the Cycle Studio website.
(c) You must notify Cycle Studio, in writing, of any change to personal contact information.
(d) Changes to the Terms and Conditions, fees and other matters noted in this document will be published on the Cycle Studio website and emailed to each User within 7 days of the change.
17 Governing law and jurisdiction
These Terms and Conditions will be governed by and construed in accordance with the laws applicable in the State of New South Wales and are subject to the non-exclusive jurisdiction of the courts of the State of New South Wales in respect of all matters arising under or relating to these Terms and Conditions.