Thank you for using Project Reform.

The Terms and Conditions of Service set out below (“Terms”) govern your access and use of Project Reform (Project Reform) services (including 24 hour access to all facilities, functional group classes, reformer pilates classes, infrared and compression boot/massage chair facilities, or any other classes) (collectively the “Services”) and form a binding agreement between Project Reform Pty Ltd ACN 663 608 482 (collectively or individually “Project Reform”, “we”, “us”, “our” and similar grammatical forms).  Customers who use, access, and/or subscribe to Project Reform’s Services must do so under the following Terms (this “Agreement”). This Agreement constitutes a legally binding agreement between Project Reform and you. Please read it carefully and contact us if you have questions or concerns.

The Services, including all intellectual property and confidential information, is owned and operated by Project Reform.  Our privacy policy is located at www.projectreform.com.au/privacy-policy (“Privacy Policy”).

By using or accessing and/or subscribing to the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you do not agree to this Agreement, then please cease using the Services immediately. We recommend that you save a copy of this Agreement for your records.

Project Reform may, from time to time, amend this Agreement. Any such amendments will be posted on the Website and will take effect at least fourteen (14) days after such posting. If you do not accept such amendments to the Agreement, you cannot continue accessing or using the Services. By continuing to access or use the Services, you agree that the then current version of this Agreement (including any amendments effective at that time) or Privacy Policy applies to your access and use of the Services.

1. Interpretation

1. In these Terms, words importing the singular include the plural and vice versa. References to a party includes a corporation, trust, partnership, unincorporated body, government and local authority or agency, or other entity whether or not it comprises a separate legal entity and a reference to a party to this document includes the party's successors , permitted substitutes and permitted assigns. Any terms used in these Terms have the same meaning as in the Tax Invoice.

2. In these terms:

1. CCA means the Competition and Consumer Act 2010 (Cth) and all related regulations, as amended from time to time;

2. Commencement Date means the date specified in the membership contract;

3. Customer means the person, firm, organisation or corporation using the Services as set out in the Contract;

4. Equipment means all exercise equipment located in the Facilities;

5. Facilities means the premises at 181-183 Wellington Road, East Brisbane QLD;

6. Force Majeure Event means any cause or circumstance beyond Project Reform’s reasonable control, including but not limited to, equipment breakdowns, any strikes, lock-outs, labour disputes, premises shutdowns, a storm, tempest, fires, floods, earthquakes or other natural calamity, acts of God or public enemy. malicious or accidental damage, delays in transport, restrictions or prohibitions by an government or any semi-government authorities or embargoes, or a Government Authority’s direction in regard to any communicable disease including COVID-19 that materially affects a party;

7. GST means the tax payable on a Taxable Supply  within the meaning  of the GST Act;

8. GST Act means the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and any related Act imposing such tax or legislation that is enacted to validate;

9. Insolvency Event means in relation to a Party:

1. a receiver, receiver and manager, trustee, administrator, another controller (as defined in the Corporations Law) or similar official is appointed over any of the assets or undertaking of the other Party;

2. the Party suspends payment of debts generally

3. the Party is or becomes unable to pay its debts when they are due or is or becomes unable to pay its debts or is presumed to be insolvent within the meaning of the Corporations Law;

4. the Party enters into or resolves to enter into any arrangement, composition or compromise with, or assignment for the benefit of, its creditors or any class of them;

5. the Party ceases to carry on business or threatens to cease to carry on business;

6. a resolution is passed, or any steps are taken to appoint, or to pass a resolution to appoint, an administrator; or

7. an application or order is made for the winding up, or dissolution of the other Party or a resolution is passed, or any steps are taken to pass a resolution for the winding up or dissolution of the other Party, otherwise than for the purpose of an amalgamation or reconstruction that has the prior written consent of the first Party;

10. Minimum Term means the term specified in the membership contract, or 30 days after the commencement date in regard to a 30 day membership;

11. Taxable Supply has the meaning given to the term in the GST Act;

12. Terms means these terms and conditions.

2. Acceptance & Agreement

1. The Services are provided to you in accordance with this Agreement and subject to these Terms.

2. Upon acceptance of these Terms, you may only use the Services in accordance with these Terms.

3. You are taken to have accepted, and are immediately bound by, these Terms, upon you:

1. continuing to access and use the Services after viewing or receiving a copy of these Terms; or

2. by any other means or method which informs Project Reform of your acceptance.

1. Using the Services

1. You must be at least eighteen (18) years of age to access and use the Facilities.

2. You agree not to misrepresent your identity or your account information. You warrant that all data provided by you to us is correct, accurate, current and complete.

3. To the full extent permitted under any applicable law, Project Reform declines any responsibility for any acts or omissions made by a minor with or without a parent or guardian's permission. If you are under eighteen (18) years of age, you may only access the Facilities with the involvement and consent of a parent or guardian.

4. You must only use the Facilities in accordance with these Terms and any applicable laws.

5. By entering this Agreement, you acknowledge and agree to the following:

1. You are medically sound to undertake a normal course of exercise and to participate in any classes offered by Project Reform, including but not limited to functional group classes and reformer pilates classes.

2. You are medically sound to engage in activities within the recovery facilities at Project Reform..

3. You engage with the Services at your own risk and responsibility.

4. You acknowledge that exercise is physically demanding and your participation in some activities and physical positions may pose a risk to your health and wellbeing.

5. You understand the risks involved in participating in classes and using Equipment in connection with physical activities and in undertaking such activities you do so at your own risk.

6. When accessing and using the Facilities, you understand and agree that:

1. you are solely responsible for all exercise and physical activity and for suitability of that exercise for your body.

2. you will follow all reasonable directions and instructions by us for your safety and wellbeing.

3. if you experience any difficulty, pain or uncertainty concerning any activity during the Syour time at the Facilities you will immediately cease that activity.  In the event of an emergency, you will immediately cease that activity and contact emergency services.

4. you are responsible for all of your decisions regarding your medical treatment, and you agree that those decisions are based on your own professional medical advice, diagnosis, treatment or judgment that you have obtained (including verifying and confirming the accuracy of life-threatening information and critically important results as would be required by generally accepted standards of medical practice).

7. We reserve the right to make changes to:

1. the Equipment supplied in any of our exercise areas, studios or locations at any time with or without notice;

2. class schedules, trainers, and class times with or without notice; and

3. these Terms and Conditions at any time.

8. You must not access or use the Facilities for any unlawful purpose. Without limitation, you will not:

1. commit or encourage a criminal offence;

2. undertake any fraudulent, abusive or illegal activity;

3. access or use the Facilities if you are suffering from any illness, disease, injury or other condition that could be a risk to your health and safety or that of any others at the premises; or

4. cause annoyance to other users.

9. You agree that we are not responsible for any unattended property at the Facilities.

10. You agree to take care when using or operating our Equipment, and you promise to use all Equipment in a safe and proper way. If you are not sure how to use or operate any Equipment properly at any time, you must seek assistance from us prior to using or operating that Equipment.

1. Membership

1. We offer the following membership options to our customers:

1. Twelve (12) month membership contract; or

2. Thirty (30) day month to month membership.

2. We have Foundation Membership Offer, 5 Day Trial and Half Priced April Offer

3. If agreed between us in writing, we will provide such membership as required by you under an agreement.  This arrangement will commence on the Commencement Date and continue for the Minimum Term.

Cooling Off Period

1. If you have changed your mind after signing a membership contract, you have 10 business days to change your mind and cancel your contract.

Membership Termination/Expiry

1. After the expiry of your selected membership option, unless agreed otherwise, the arrangement will continue on a month to month basis, provided that either party may cancel the arrangement at any time after the expiry of the Minimum Term by providing 30 days’ notice in writing.

2. This Agreement commences from the date that we accept and confirm payment for a membership and, subject to provisions in this Agreement for any cancellation, alteration and termination, must continue after that date until the expiry of the membership.

Membership Payout Policy: 6 month or 12 month contracts

1. Members eligible for termination of their locked in membership contract will be required to pay out 50% of the remaining membership fees for the unused portion of their 6 or 12-month contract.

2. Termination of contract without payout is contingent upon meeting certain circumstances. Requests must include supporting documentation based on the eligible criteria.

Class Cancellations

At Project Reform, Reformer Pilates classes can fill quickly. All clients must adhere to our Cancellation Policy:

• Reformer Pilates classes: Cancellations need to be made more than 6 hours prior
  to your class beginning (morning or evenings).

1. Trainers and classes are subject to change without notice. Project Reform reserves the right to cancel classes if necessary.

2. If you do not cancel or reschedule your class outside of the relevant cancellation period or are a no-show/absent from your class you incur a $10.00 ‘no show fee’.

1. Pricing and Payments

1. Unless otherwise agreed or stated, all amounts payable are expressed on the Website is inclusive of Goods and Services Tax (“GST”)

2. Your Membership Fee will be paid via credit card, direct debit or from your nominated payment method on a weekly basis.

3. You remain responsible for any uncollected amounts. If payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your membership, we may suspend membership until we have successfully charged a valid payment method.

4. Joining Fee: A non-refundable joining fee of $24.99 is required for all new 24/7 gym membership sign-ups.

5. Project Reform may, at their absolute discretion, accept or deny any cancellation or refund request by a User without reason or explanation.

6. If Project Reform learns of any error in the charging of fees, then Project Reform may correct the error at any time and provide you with reasonable notice of its correction of the error at its discretion.

7. Any classes offered by Project Reform are included in the membership fee.

8. Customers will have the option to book in for infrared sauna and compression boot access.  These Services are additional to membership and will be available for use at an additional price.  

9. Our fees may be increased over time. We will make reasonable efforts to tell you of any changes in membership. 

10. If you do not cancel or reschedule your class outside of the relevant cancellation period or are a no-show/absent from your class you may be charged a ‘no show fee’.

Customer Indemnities

1. To the  full extent permitted by law, the Customer releases, discharges and indemnifies and keeps Project Reform indemnified from any and all claims and demands by third parties upon Project Reform arising out of or consequent on or incidental to:

1. the use or misuse of the Equipment;

2. The Customer indemnifies Project Reform from any claims arising out of the use of the Equipment including damage to property or injury to persons.

3. Without limiting above clause 6.1, the Customer agrees that to the full extent permitted by law, no warranties are given by Project Reform in respect of the Equipment.  Any liability of Project Reform pursuant to any warranty which cannot be excluded by law will not exceed either the cost of repairing the Equipment or for the cost of resupplying the Equipment, at Project Reform's sole discretion

1. Customer Responsibility

1. Project Reform gives no guarantee as to the condition safety or suitability of the Equipment.  The Customer releases Project Reform from any liability for the loss caused by break down of any Equipment.

2. If there is a breakdown, or failure with the Equipment, the Customer must immediately stop using the Equipment and notify Project Reform.

3. The Customer must take all necessary steps to prevent injury occurring to persons or property as a result of the Equipment.

4. The Customer must take all necessary steps to prevent any damage  to the Equipment itself.

Customer Liability

1. The Customer will assume all risks and liabilities for, and in respect of, the Equipment and for all injuries to or deaths of persons and any damage to property howsoever arising from the Customer's use of, or attendance of, the Facilities.

1. Intellectual Property 

1. The intellectual property rights in all software and content (including all class programs, photographic images, specifications and design of the goods) made available to you on or through this Website remain the property of website owner or its licensors and are protected by copyright laws and treaties around the world. We reserve all of our rights and the rights of our licensors. 

2. Despite the above restrictions on the use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trademark notices contained on the material.

3. You are not allowed to use our logo or any brand of trade mark (or any marks which are similar in nature) without our prior written consent. 

4. You may not modify or copy:

1. the layout of the Website; or

2. any computer software and code contained in the Website.

5. We reserve all intellectual property rights, including, but not limited to, copyright in all material that is published on the website or elsewhere or services provided by us. The material provided on the Website is supplied for personal use only and may not be:

1. re-sold or re-distributed in any material form;

2. stored in any storage media; or

3. re-transmitted in any media; or

4. used in any commercial sense without our prior written consent.

1. You may link to our Website home page, provided you do so in a way that is non-commercial, fair and legal and does not damage our reputation or take advantage of it. Still, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor can you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

2. Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with us and you should not rely on the existence of such a connection or affiliation. Where a trade mark or brand name is referred to it is used solely to describe or identify the goods and services and is in no way an assertion that such goods or services are endorsed by or connected to us. All other trade marks or service marks on this Website are the property of their respective owners. You must obtain our written permission before reusing any copyrighted material that is published on this Website. Any unauthorised use of the materials appearing on this Website may violate copyright, trade mark and other property rights or legal protections and could result in criminal or civil penalties.

1. General

1. Nothing in these Terms is intended to exclude, restrict or modify rights which the Customer may have under the CCA or any other legislation which may not be excluded, restricted or modified by agreement.

2. A party waives a right under these Terms only if it does so in writing. Project Reform does not waive a right simply because it fails to exercise the right, delays exercising the right or only exercises part of the right. A waiver of one breach of a term of these Terms does not operate as a waiver of another breach of the same term or any other term.

3. If a provision in these Terms is wholly or partly invalid or unenforceable in any jurisdiction, that provision or the part of it that is invalid or enforceable must, to that extent, and in that jurisdiction, be treated as deleted from these Terms. This does not affect the validity or enforceability of the remaining provisions in that jurisdiction, or of the deleted provision in any other jurisdiction

4. Project Reform may assign or otherwise deal with the benefit of any contract made pursuant to these Terms without the consent of the Customer.

5. The Agreement is governed by the laws of the State of Queensland and each party submits to the exclusive jurisdiction of the Queensland Courts for all purposes.

Privacy

1. Our privacy policy sets out how we will use your information. You can find our privacy policy on our website or request a copy at the email address provided below. Any personal information collected by us through the Services, or otherwise collected by or on behalf of us, will be dealt with under our Privacy Policy. 

2. We will comply with the Australian privacy legislation concerning your personal information. Please refer to our full privacy policy for details on how we collect, use and disclose your personal information.

3. By accessing or using any part of our Services, you agree to our Privacy Policy and consent to the collection, retention, use, and sharing of your information, including the transfer of your personal information and other information and data about you from your location and country of residence to Australia or other countries where the laws regarding your privacy may not be the same.

4. There is no transmission method, whether over the internet, electronically, or through our Third-Party service providers, that is fully secure and safe. Project Reform does not necessarily use encryption or other technologies to ensure the secure transmission of information via the internet or through Third-Party platforms and telecommunication services. All users of the Services are highly encouraged to exercise reasonable care in accessing, storing and sending personal information via the internet or through Third-Party platforms and telecommunication services. 

5. We cannot guarantee the security of your personal information. If we are required by law to inform you of any unauthorised access, use, disclosure or Loss of your personal information, then we will notify you electronically, in writing or by telephone at our direction (if required and permitted to do so by law).