Welcome to 1R Australia. We’re excited to help you to achieve your fitness goals. But first, there are just a few terms and conditions that we need to cover to make sure we’re all on the same page.
We set out on the Platform the passes, memberships, and products available for purchase.
We kindly ask that you refrain from booking a Class (defined below) if, at the time of booking, you are or might be unwell, or live in, or have been to, an area that has a particularly high risk of COVID-19, including any regions the Federal or State government has declared a hotspot (Hotspot). You agree that we reserve the right to cancel your Class booking if you have been to a Hotspot, and in this circumstance, your pass for that Class will be redeemable for another Class in future once the risk of infection is non-existent.
When attending our clubs, you must comply with any government directives regarding COVID-19, and we may also introduce additional directions beyond those prescribed by the government with which you must comply. When attending our clubs, we ask you to maintain a physical distance from other people. You agree that entry to our clubs may be subject to a temperature check, completion of a COVID-19-safe check-in, and you may be required to wear a face mask.
This online platform (Platform) and the classes which you can book and attend at our clubs, delivered by our trainers (Class or Classes) are provided by 1R Australia Pty Ltd ABN 99 630 545 952 (we, our or us). The Platform is available via our website www.1raustralia.com, and may be available through other addresses or channels, including our mobile application.
You accept these terms and conditions, including any policies, codes of conduct or other terms set out on the Platform (Terms), by:
If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.
Signing up to our Platform
You are required to create an account to make any purchase via the Platform (Account). You must provide basic information when registering for an Account including your name, email address, date of birth, emergency contact details, your payment details, and you must choose a password. You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete.
You are responsible for keeping your Account details and your password confidential and you will be liable for all activity on your Account, including purchases made using your Account details.
You will immediately notify us of any unauthorised use of your Account. Your Account is not transferable and you may not allow any other person to use it.
At our sole discretion, we may refuse to allow any person to register or create an Account.
Purchasing passes, memberships and ordering from our cafés
Passes and pass packages
We set out on the Platform the passes and pass packages available for purchase, including the fees for each pass or package (Pass Fees) and the expiry date of the passes.
Purchasing a pass or package does not entitle you to a slot in a particular Class, but rather you may use your pass to book a slot in a specific Class using the calendar functionality on the Platform.
Each pass and package available for purchase will set out what that pass or package entitles you to. For instance, you may purchase a package to 10 spin Classes, and you may only use those passes to book slots in spin Classes.
You must pay the Pass Fees using one of the methods set out on the Platform. You will forfeit any passes not used to book in a Class after their expiry date.
We also have available membership-style packages, which entitle you to number of passes per membership cycle (Cycle) (set out on the Platform) (Membership), and your membership automatically continues each Cycle until cancelled by you. The fees for the membership are set out on the Platform (Membership Fees). Any passes not used in any Cycle of your Membership will expire at the end of the Cycle.
You agree to pay us the Membership Fees in order to receive the number of passes and other features in your Membership each Cycle. You must pay the first Membership Fee on the day you purchase your Membership. Your Billing Date corresponds with the day you first purchased your Membership. You agree to pay the Membership Fee each Cycle via direct debit on each Billing Date (noting that the Billing Date might change if it falls on a day not occurring in a month). You authorise us to automatically deduct the Membership Fees from your nominated bank account or credit or debit card (Automatic Direct Debit). You agree to correctly complete and deliver to us a direct debit request form authorising our payment processor to debit the Membership Fees from your nominated bank account or credit or debit card.
In the event that any Automatic Direct Debit payment is rejected, there will be a second Automatic Direct Debit attempt after 48 hours. If we are not able to successfully process any direct debit payment, then a $10 administration fee is payable on each occasion we are unable to direct debit your nominated bank account or debit or credit card.
Ordering from our cafés
You may order products such as smoothies and coffee which you may pick up at your chosen club café. At the time you place your order, you will be notified of the estimated time that your products will be ready for pick up. Due to the perishable nature of products, if you do not pick up your products within a reasonable time after they are ready for pickup, your products may be disposed of at our discretion and no refunds will be provided
You must pay the price (set out on the Platform) for the products you order at the time of placing your order. It is your responsibility to check the order details, including selected products and pricing, and the club café from which you have ordered, before you submit your order.
Unused passes may not be converted to cash or credit.
We may offer promotional offers and special discounts from time to time which will be subject to separate terms and conditions to be read in conjunction with these Terms.
We may modify the Pass Fees, the Memberships and Membership Fees from time to time upon notice to you. The updated Membership Fees will apply to the next Billing Date after the change has occurred. The notice may be provided at any time via email or via notification to your Account. If you do not agree to the price change, you may cancel your Membership in accordance with the cancellation clause below.
All amounts are stated in Australian dollars and are inclusive of Australian GST (where applicable).
To the maximum extent permitted by law, and subject to your Statutory Rights, the Pass Fees, Membership Fee and price for products are non-refundable.
Booking in Classes
Using the passes you have purchased, you may book in to attend fitness Classes at our clubs using the calendar on the Platform. If a particular Class you wish to attend is full, you may join the waitlist. If a spot becomes available to attend the Class any time up until 1 hour before the class, you will be notified by email or text message, and you will automatically be booked into the Class. If you fail to attend the class, the ‘Cancellations’ clause will apply.
You agree that we are in no way responsible for the safekeeping of your personal belongings while you are at our clubs. You assume all risk of loss for any of your personal belongings that you bring to a club.
Your passes and/or Membership are only for you to use; you may not allow another person to attend Classes on your behalf.
Our Class sizes are small and can fill up quickly. If you wish to cancel attendance at a Class, you must do so via the Platform at least 12 hours before the start of the Class.
Changing your Membership
You may upgrade or downgrade your Membership at any time by sending us an email. The bank account linked to your Account will automatically be charged the Membership Fee for your new Membership on the next Billing Date. The upgrade or downgrade will apply to the next Cycle if you upgrade or downgrade your Membership less than 3 business days before the next Billing Date.
Cancelling your Membership
You may cancel your Membership by providing us with at least 3 business days’ notice before the next Billing Date (which you may provide via email or through the Platform). We will provide you with confirmation that your Membership has been cancelled via email or via the Platform. If you cancel your Membership less than 3 business days before the Billing Date, you will be charged the Membership Fee on the next Billing Date and the cancellation will become effective on the following Billing Date. Once your Membership has been cancelled, any remaining passes in your Membership will expire.
To the extent permitted by law, and subject to your Statutory Rights, no refunds will be made upon cancellation including where you have cancelled due to change of mind or other circumstances.
We do not allow for a Membership to be put on hold or “frozen”.
We may suspend your Account or terminate these Terms immediately without notice to you if you are in material breach of these Terms (including for breach of the Club Rules or non-payment of our Membership Fees), any applicable laws, regulations or third-party rights.
We may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, third party payment processors and our business partners) or as required by law. If you do not provide this information we may not be able to provide you with access to our Platform. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
Conduct at clubs and on the Platform
You agree to observe any applicable club rules or conditions (including any rules that are communicated by us to you from time to time) (Club Rules). In our clubs, you agree to:
We reserve the right to ask you to leave the Class or the club if you breach any of the above requirements.
You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including (1) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights; (2) using our Platform to defame, harass, threaten, menace or offend any person; (3) interfering with any user using our Platform; (4) tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform; (5) anything that might violate any local, state, national or other law or regulation or any order of a court, including privacy regulations; (6) using our Platform to send unsolicited email messages; or (7) facilitating or assisting a third party to do any of the above acts.
Certain legislation including the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth) (ACL), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to our provision of the Services or Products which cannot be excluded, restricted or modified (Statutory Rights).
If the ACL applies to you as a consumer, nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our liability for our goods and services and the Platform provided to a person defined as a consumer under the ACL is governed solely by the ACL and these Terms.
Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
However, under certain legislative provisions, we can ask you to accept some limitations to the ACL guarantees. By accepting these Terms, you agree that we may, to the extent permitted by law, exclude or limit our Liability (as defined below) to you for death or injury from our failure to comply with the ACL guarantees. This exclusion does not apply if your death or injury is caused by our reckless conduct (as defined in the ACL).
In the course of exercising or engaging in any recreational activities while at our club or attending Classes, if you are killed or injured, we will not be liable except to the extent caused by our gross negligence. In this paragraph:
Please refer to the warning notice below which we are required to provide to you if you are in Victoria under the Australian Consumer Law and Fair Trading Act 2012 in relation to this limitation on our liability.
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
In the paragraph below, “Supplier” means us, and “this form” means these Terms.
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:
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.
Please note that your participation in the Classes and attendance at our Clubs may expose you to the risk of physical harm or personal injury. The risk of physical harm or personal injury may arise from various causes, including but not limited to:
You understand and voluntarily accept any risk that may arise from your participation in the Classes and attendance at our Clubs.
It is your responsibility to ensure that by following the fitness instructions in a Class, you will not exceed your limits while performing such activities, and you will select the appropriate Classes for your skills and abilities, as well as any mental or physical conditions and/or limitations you have, including pregnancy. You understand that, from time to time, our trainers may suggest physical adjustments, or adjustments to the use of equipment, and it is your sole responsibility to determine if any such suggested adjustment is appropriate for your level of ability and physical or mental condition.
You understand the demanding physical nature of a fitness Class or any related exercises and activities. You are not aware of any medical conditions, injuries or impairments that will be detrimental to your health if you participate in fitness or exercise-related activities.
Your condition: In the event that you become aware of any medical, physical or psychological condition, injury or impairment that may be detrimental to your health, a risk to your health or safety or affect your proper and safe participation in the Classes, you must cease to use or participate in the Classes and contact your medical provider. You agree to notify your trainer of any pre-existing conditions that may affect your participation in the Classes at the start of the Class and to immediately notify your trainer of any injuries or pain that you experience during a Class. You warrant to us that:
No guaranteed results: Our Classes may help you improve your strength, fitness, health and wellbeing, but we make no guarantees of any specific result you may achieve from attendance at our Classes.
In these Terms, Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.
Exclusions to our liability: Despite anything to the contrary, to the maximum extent permitted by law, but subject to your statutory rights, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:
This clause will survive the termination or expiry of these Terms.
Limitations on Liability
Despite anything to the contrary, to the maximum extent permitted by law and whether under statute, contract, equity, tort (including negligence), indemnity or otherwise:
This clause will survive the termination or expiry of these Terms.
Warranties, disclaimers and indemnities
You represent, warrant and agree that (1) you have full legal capacity, right, authority and power to enter into these Terms and to perform your obligations under these Terms; (2) these Terms constitute a legal, valid and binding agreement, enforceable in accordance with its terms, and (3) to provide all assistance, information and documentation necessary to enable us to provide our services and that all information you provide to us in connection with the Platform will be true, accurate and complete.
You acknowledge and agree that (1) you use the Platform at your own risk; and (2) the provision of the Platform may be contingent on, or impacted by, third parties, suppliers or other subcontractors (Third Party Inputs), and despite anything to the contrary, the maximum extent permitted by law, we will not be responsible and will have no Liability for any default or breach of these Terms or any law if such default or breach was caused or contributed to by any Third Party Inputs.
You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.
Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with:
any documentation or information provided by you;
any damage to any equipment in our clubs that is caused or contributed to by you; or
any breach of these Terms or any act or omission by you.
This clause will survive the termination or expiry of these Terms.
Intellectual Property rights
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
Unless otherwise indicated, we own or license all rights, title and interest (including intellectual property rights) in our Platform and all of the materials, information, resources and graphics on the Platform (Content). Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.
You must not, without the prior written consent of ourselves or the owner of the Content (as applicable) (1) copy or use, in whole or in part, any Content; (2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or (3) breach any intellectual property rights connected with our Platform, including by: (a) altering or modifying any of the Content; (b) causing any of the Content to be framed or embedded in another website; or (c) creating derivative works from the Content.
You may be permitted to post, upload, publish, submit or transmit relevant information and content, including updates about your health journey, photographs, and statistics (User Content) on our Platform. By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, and modify such User Content on, through, or by means of our Platform. We will ask your permission before publishing any photographs you upload.
You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that (1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and (2) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.
Notice regarding Apple
To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.
Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.
If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
You agree to comply with any applicable third-party terms when using our mobile application.
Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Information: Neither we nor our personnel are medical practitioners, and do not give medical advice, treatment or diagnoses. Our Content, and any other information provided in Classes or through the Platform is intended to assist you to achieve your fitness goals. You acknowledge and agree that nothing in the Classes or in the Platform may be taken to be medical advice, treatment or a diagnosis by us or our representatives nor are they intended to be a substitute for consulting a medical practitioner for your particular circumstances and needs. The Content is subject to change without notice. We do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.
Third party sites: Our Platform may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites.
Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
No commercial use: Our Platform is for your personal, non-commercial use only. You must not use our Platform, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website, without obtaining a licence to do so from us.
Competitors: You are prohibited from using our Platform, including our Content, in any way that competes with our business. If you breach this term, we will hold you responsible for Liability we suffer, and hold you accountable for any profits that you may make from non-permitted use.
Variation: We may modify these Terms from time to time by notifying you by email. By continuing to use the Platform after such modification, you agree to the amended terms. If you do not agree to the modifications, you must terminate your Account and stop using the Platform. In the event that we modify these Terms and you believe the modification causes you material detriment, you may terminate your Account and we will refund to you the Pass Fees or Membership Fees paid in advance by you in connection with the unused portion of the Services.
Assignment: You may not assign, transfer or delegate your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate our rights and obligations under these Terms with 30 days’ prior notice.
Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
Jurisdiction: These Terms are governed by the laws of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
For any questions and notices, please contact us at:
1R Australia Pty Ltd (ABN 99 630 545 952)
Last update: 18 June 2021