Welcome to 1R Australia, we’re excited to welcome you to our community, before we get started, please take a read of our Terms & Conditions below. You'll need to accept these prior to using our service and you have any questions please contact your local studio.
We set out on the Platform the passes, memberships, and products available for purchase.
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.
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:
· indicating your acceptance online;
· accessing or using our Platform; or
· purchasing passes, pass packages, or Memberships.
You warrant to us that you have read our Privacy Policy (available on the Platform).
You must be at least 16 years old to attend our Classes and use our Platform. If you are under 18 years old, you must not use the Platform or attend Classes without first obtaining your parent or legal guardian’s consent. Your parent or legal guardian must give you permission to attend Classes and access and use the Platform. If you are under 18 years old, please contact info@1raustralia.com to coordinate the collection of parent or legal guardian consent.
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.
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.
We set out on the Platform the passes and pass packages available for purchase, including the fees for each pass or package (Pass Fees), the expiry date of the passes and the minimum billing term for each pass.
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 specifically created for access only to Reformer Classes, and you may only use those passes to book positions in Reformer Classes.
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.
In the event that any Automatic Direct Debit payment is rejected, there will be a second Automatic Direct Debit attempt. 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.
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.
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).
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 30 minutes before the class, you will be notified by email, 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.
Memberships:
Packages:
Changes, Refunds, Holds and Cancellations
You may upgrade or downgrade your Membership providing you are not bound by a minimum term agreement 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.
You may cancel your Membership by providing us with at least 3 business days’ notice before the next Billing Date providing you have ended your minimum billing term (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 collect personal information about you in order to enable you to access and use the Platform (including to create an Account and book in Classes) to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
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.
Our Privacy Policy contains further information about (1) how we store and use your personal information; (2) how you can access and seek correction of your personal information; (3) how you can make a privacy-related complaint; and (4) our complaint handling process.
By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.
Clubs
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:
· not be under the influence of alcohol or illegal drugs;
· wear appropriate, non-offensive clothing and footwear;
· use all equipment with care and as instructed by your trainer, and to leave all equipment as you found it;
· not allow individuals without a valid pass into our clubs and to report any non pass holders you observe to be present in our clubs;
· respect and follow the directions of your trainer at all times;
· refrain from causing disruption to other members including during a Class;
· not engage in reckless, foolish or negligent behaviour, or any other behaviour, which may, in our reasonable opinion, create a risk of injury to you or any third party; and
· be kind, respectful and courteous to the trainer, everyone in your Class, and all other people you encounter at the club.
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.
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.
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:
· gross negligence, means as defined below; and
· recreational activities, means your participation in a sporting activity or a similar leisure time pursuit or your participation in any other activity that involves a significant degree of physical exertion or physical risk and is undertaken for the purposes of recreation, enjoyment or leisure.
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.
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:
• 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 agree these Terms, 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 these terms and conditions.
NOTE: The change to your rights, as set out in these terms and conditions, do 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:
• third party participants;
• your physical fitness level or the equipment supplied by us to you, or otherwise used by you;
• your or another party’s acts, omissions or negligence;
• overexertion;
• dehydration; or
• failure to follow instructions
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 understand that strobe lighting is used within all fitness Classes and that the use of strobe lights cannot be modified.
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.
In the event that you become aware of any medical conditions, warning signs or in the event that you are at high risk of unwanted events resulting from exercise you must seek permission from a suitably qualified professional prior to attending classes at 1R.
In the event that you have, or previously had, any of the following you will be deemed to be at high risk of an unwanted event during a fitness Class:
• A heart condition.
• A close relative who has died suddenly from a heart condition before the age of 50.
• Uncontrolled epilepsy or seizures/convulsions.
• Fainting or dizzy spells with physical activity/exercise.
• Diabetes.
• An asthma attack requiring immediate medical attention at any time over the last 12 months.
• Anaphylactic reactions.
• Surgery in the last month.
• Any other conditions that may require special consideration prior to exercise.
Where you are at high risk from participating in fitness Classes, you will cease participation in any fitness Class until you have:
i. provided evidence from; or
ii. stated in writing, that you have received advice from an appropriate health professional to the effect that you are, in the opinion of the practitioner or health professional, not at risk from participating in a Class.
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:
• you have the required physical health and fitness needed to participate in Classes; and
• you know of no medical or other reason why you cannot or should not participate in Classes.
Where you are pregnant, you will obtain approval and consent to attend fitness Classes from your doctor, obstetrician or health professional at or for every stage of your pregnancy. You will ensure that your doctor, obstetrician or health professional is aware that fitness Classes involve fast movements, incline and treadmill running, jumping, the use of dumbbells, boxing bags, reformer beds, changes of direction, jerky movements and stretching. You are aware that Instructors are limited in their ability to provide individualised attention, to create modifications or customised prenatal workouts. You understand that Classes are held in a highly immersive environment with loud music and nightclub style lighting.
Where you obtain consent and decide to attend 1R during your pregnancy, you will inform your instructor at the beginning of each class of your pregnancy and you will modify exercises and intensity levels in a way that is suited to you, as advised by your doctor, obstetrician or health professional.
Where you have a high risk pregnancy and/or do not have approval from your doctor, obstetrician or health professional to attend fitness Classes, you will cease participation in any fitness Class.
After giving birth, you will wait 6-8 weeks and obtain clearance from your doctor, obstetrician or health professional before participating in fitness 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:
· your acts or omissions;
· any actions or omissions of any third party, including any other attendee at our clubs;
· any use or application of the Classes or the Platform by a person other than you, or other than as reasonably contemplated by these Terms;
· any theft or damage to property (including personal items);
· any injury or loss to any person;
· any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Classes or the Platform;
· the Platform being unavailable; and/or
· any event outside of our reasonable control.
Despite anything to the contrary, to the maximum extent permitted by law and whether under statute, contract, equity, tort (including negligence), indemnity or otherwise:
· we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data;
· a party’s Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other party; and
· our maximum aggregate Liability arising from or in connection with these Terms will be limited to us resupplying our services to you or, in our sole discretion, to us repaying you the amount of the fees paid by you to us in respect of the supply of the relevant services to which the Liability relates.
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.
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)
Email: info@1Raustralia.com
Last update: 10 May 2022
