1. Kieser
Kieser Training Pty Ltd A.C.N 124316481 is the operator of a Kieser establishment (referred to as “we” and “us” in these Terms and Conditions). The person named in the Agreement form (“you”) is a user of our Kieser establishment.
2. Acceptance as a registered user
The decision to accept an applicant as a user of Kieser shall be at our absolute discretion. Once we have accepted an applicant by counter-signing this agreement, these Terms and Conditions shall apply. This agreement is for the period outlined in Clause 12.
3. Privacy Policy
Kieser is committed to protecting the privacy and personal information we may collect of our clients and members and complies with the Privacy Act 1988 (Cth). Personal information and Kieser results provided to us may be de-identified to be used for research purposes. Our privacy policy can be found in full on our website at www.kieser.com.au.
4. The Kieser Pass
We will issue you with a Kieser Pass, which will remain our property. The Kieser Pass is personal to you and cannot be transferred. The Kieser Pass entitles you to entry to all Kieser establishments worldwide and the use of their facilities. Please note that the first six sessions must take place at the establishment where you take out your Agreement (subscription). Facilities abroad may charge a fee per visit of no more than one per cent of their annual subscription fee. You must deposit the Kieser Pass with reception when visiting a Kieser establishment. In the event that you lose your Kieser Pass, we will provide a replacement pass.
5. Payment of fees
You must pay our fees on the due date as set out in the agreement. Should your method of payment be by direct debit you will be liable for any fees charged to Kieser for any direct debit that is rejected by the bank, building society, credit union or other financial institution.
6. Termination
a) You may terminate this agreement by notice in writing within 3 days of being accepted by us. If you terminate within this period we will repay to you all fees received by us from you.
b) We may terminate this agreement if we are of the opinion that your conduct is: (i) offensive or (ii) if you have committed a serious or repeated breach of this agreement or our rules and regulations, including our training principles or (iii) if you fail to pay monies due to us within seven days after the due date or (iv) if we give you 30 days notice that you are not suited to continue training.
c) Should this Kieser establishment close, we can terminate this agreement with one months notice and a pro rata refund of monies will be paid.
d) If your agreement is terminated you must return your Kieser Pass.
7. Age and health of user
You confirm that you are over 18 years of age. If you are under the age of 18 a parent or guardian will sign on your behalf to declare the following;
You declare that you are in good physical condition and are not aware of any medical or other reason why you are not capable of engaging in exercise or why exercise may be detrimental
to your health. You will inform us of any condition which might affect your training and you will comply promptly with our recommendations in this respect. You will not use any Kieser establishments whilst suffering from a medical condition where there is a risk to the health and safety of others.
8. Liability
a) Neither we nor our agent shall be liable for loss or theft of any property belonging to you or any other guests brought into any Kieser establishment.
b) Neither we nor our agent shall be liable for any death, personal injury or illness occurring in any Kieser establishment as a result of the use of our facilities.
c) We will not be liable for any loss, damage or personal injury or death caused by another user or a guest of a user to you.
9. Use of our facilities
You confirm that you have been made aware of our rules and regulations which will apply
to your use of our facilities. We reserve the right to cancel your subscription if you do not comply with our rules and regulations, training principles or if your behaviour is offensive. You will not be allowed access if you do not wear suitable clothing (minimum T-shirt with sleeves and shorts, no denim) and shoes for training (no open toe shoes), or do not carry a towel.
You are under obligation to use our equipment carefully and sensibly to avoid damage to the equipment or injury to fellow users. There is a strict policy of not allowing alcohol or drugs into Kieser establishments. Persons who are intoxicated will be refused access.
10. Transfer of our rights
The right to use the facilities of a Kieser establishment is personal to you. You cannot assign or transfer it in any way. You may not loan your Kieser Pass or permit it to be used by someone else. We may assign the benefit of this Agreement to a third party at any time without notice to you.
11. Facilities and hours of opening
Our establishment is open through the year according to law and customs. Information about our normal opening hours and opening hours of other Kieser establishments is available upon request. We reserve the right to make reasonable alterations to operating hours and the number and nature of facilities provided.
12. Subscription Terms
The subscription terms are noted on the front of this agreement. You understand that you have
entered into either a:
a) Core Subscription – paid fortnightly by direct debit with a minimum term of 12 months. At
the end of the 12 month term, the subscription will continue ongoing and a cancellation
fee will no longer apply to this subscription.
b) Assisted Training Subscriptions – paid fortnightly by direct debit with a minimum term of
12 months. At the end of the 12 month term, the subscription will continue ongoing and a cancellation fee will no longer apply to this subscription. Six weeks following the consumption of your first Assisted Training session the agreement can be downgraded to a Core Subscription by completing a new agreement form.
c) Class Subscription – paid fortnightly by direct debit with a minimum term of 12 months. At the end of the 12 month term, the subscription will continue ongoing and a cancellation fee will no longer apply to this subscription. Six weeks following the consumption of your first class the agreement can be downgraded to a Core Subscription by completing a new agreement form.
d) Flexi Subscription – paid fortnightly by direct debit with no minimum term or specified expiry date. This subscription will continue ongoing until receipt of a cancellation form. No cancellation fees apply to this subscription.
e) Paid Upfront – paid annually in advance for a 12 month period or as otherwise specified in this Agreement. At the end of the term your subscription automatically expires and you will have an option to enter into a new Agreement.
13. Price and Price Reviews
The price for the respective subscription types are contained in our current price list published in each centre. All prices automatically increase by 2% or CPI (whichever is higher) on the 1st of July each year. We may only review the price for your subscription in excess of 2% or CPI for any subscription on the following basis –
a) Core Subscription, Assisted Training Subscriptions, Class Subscription, Flexi Subscription - by providing you with 30 days notice
b) Paid Upfront - upon expiry of the term of your subscription
14. Cancellation
You may cancel this Agreement subject to the following conditions –
a) Core Subscription, Assisted Training Subscription and Class Subscription – If canceling
inside the subscription terms your cancellation will be subject to a cancellation fee of $149 and;
I. You agree to provide 14 days written notice to the facility at which you hold your
agreement by completing the cancellation form;
II. If you have completed your minimum term and wish to cancel you will be required to
give 14 days written notice by completing the cancellation form;
b) Flexi Subscription – You agree to provide 14 days written notice to the facility at which
you hold your agreement by completing the cancellation form.
c) Paid Upfront – cancellation is not available other than if you are certified as unfit to train
by your GP for the balance of your term or if you move permanent residence to a location more than 30km from at Kieser establishment. In such case, you are entitled to terminate this agreement with 14 days written notice and you must provide a copy of the medical certificate from your GP or evidence of your relocation. Subject to the receipt of such evidence you will be refunded the pro rata portion of your unused term based on the fee you paid. Under no other circumstances will a refund be provided.
15. Deferral
a) Medical deferral: upon presentation of a medical certificate you may defer your subscription for the period for which your medical practitioner certifies you as unfit to train irrespective of the type of your Agreement.
b) For a deferral to be approved you must complete the Deferral Application Form prior to your period of deferral. You must include a start and end date of deferral. Direct debit payments will recommence automatically on the completion date of the deferral period without notice required to be given.
c) Deferral:
I. Core Subscription, Assisted Training Subscriptions and Class Subscription– You may
defer your subscription for a minimum of two weeks with no maximum deferral period.
No deferral fee is applied for these Agreement types.
II. Flexi Subscription – You may defer your subscription for a minimum of two weeks
and a maximum of eight weeks in any 12 month period subject to an ongoing fee of $5 per fortnight payable by direct debit for the period of your absence in order to cover administrative costs.
III. Paid Upfront –You may defer your subscription for a minimum of two weeks with no maximum deferral period.The number of authorised deferral weeks will be added to the end of your specified term.
16. Various
a) If on an Assisted Training Subscription or Class Subscription, sessions do not accrue, are non-transferable or redeemable for any other appointment type and must be used within the allocated week at your facility. Clients can only participate in one class stream at any time.
b) The Class Subscription requires the client to complete three 1:1 introductory sessions
with an Exercise Physiologist charged at the standard rate for Exercise Physiology sessions.
c) The included Annual Physio Spinal Review is valid after three months of non-deferred subscription, does not accrue, is non-transferable or redeemable for any other appointment type and must be used at your facility. It is available with your primary Physiotherapist, and is at the discretion of the Centre Manager. This review is designed to include an annual Lumbar Extension strength test and program assessment.
d) This and the documents referred to constitute the whole Agreement between us. No oral representation shall be part of this agreement. Local law shall apply to this Agreement and the Local Courts shall have jurisdiction.