BALLER NATION TERMS & CONDITIONS.
Changes introduced to the Fair Trading Act 1987 (NSW) require disclosure to you of any terms or conditions that may ‘substantially prejudice’ you. Here are some important terms we think you should be aware of:
- - Memberships, Session Packs and Personal Training Sessions are generally not refundable except at our discretion following evidence from your doctor of exercise restrictions prohibiting you from participating in Sessions.
- - Baller Nation reserves the right to increase your fees at any time following the expiry of the Initial Term.
- - You indemnify and hold Baller Nation harmless for any loss or damage caused to Baller Nation or any equipment or other property by you or arising from a breach by you of this Agreement.
Baller Nation is a boutique fitness pioneer.
These terms and conditions (Terms) form the Agreement between Baller Nation Leichhardt Pty Ltd (ACN 650 135 121) (Baller Nation, we, us or our) & you, the person who entered into a Membership Agreement with us. Each of you and us is a Party to these Terms.
The following definitions apply in these Terms:
- Direct Debit Membership: Refers to a membership by which membership fees are paid by direct debit in equal weekly instalments over the period of membership, with no lock-in within a 14-day cancellation period.
- Membership Agreement: Refers to a Team Training agreement between you & Baller Nation.
- Notice: Has the definition provided in Clause 9 of these Terms.
- Paid in Full Membership: Refers to a membership for which membership fees are paid in advance, in one lump sum for 4 weeks minimum term.
- Period of Membership: Refers to the period for which you agree to subscribe as a member of Baller Nation on your sign-up form, being either:
- a) 12 weeks for a 10 Session Pack;
- b) 24 weeks for a 20 Session Pack;
- c) 4 weeks minimum term for a Paid in Full Membership; or
- d) Until cancellation for a Paid in Full Membership.
- Pre-Ball Assessment: Refers to a 10-minute introduction to training in a high-altitude training environment where the trainer will monitor how you respond to the high-altitude training environment while assessing your response & educating you on the desired oxygen saturation levels when training in this environment.
- Pre-Q: Refers to an online Physical Activity Readiness Questionnaire designed to identify an individual's safety when starting at Baller Nation & those who may be at a higher risk of an adverse event during physical activity/exercise. This stage is self-administered & self-evaluated.
- Session Pack: Refers to a pack of Baller Nation Sessions.
- Studio: Refers to a Baller Nation branded studio.
- Session: Means a single training session or session undertaken with Baller Nation.
- Services: means the services provided by Baller Nation or a Personal Trainer, to you under these Terms.
- Trainer: Means a trainer of Baller Nation, authorised to undertake Sessions and Pre-Game Assessments.
2. COOLING OFF PERIOD
You can cancel your membership with us up to 14 days from the date of the Membership Agreement (Cooling Off Period). If you cancel within the Cooling Off Period, we will refund your money less any administrative set-up fee or the value of any promotional item we have given you upon joining with us.
Baller Nation reserves the right to remove these packages at any time, whilst honouring any contract we have with an existing member. This is a membership commencing on the day of purchase. It will automatically renew after each Period of Membership until you notify us of your intention to terminate your membership. There is a 14-day cancellation notice period on all direct debit memberships.
4. MINIMUM AGE
The minimum age for training with us is 16. People under the age of 18 are required to have their parents or legal guardian sign these terms.
5. YOUR HEALTH:
- 5.1. You warrant that you are in good physical condition & you know of no medical or other reason why you cannot or should not participate in active or passive exercise. You recognise that the fitness trainer(s) are not able to provide you with medical advice about your fitness or health, & that this information is used as a guideline to the limitations of your ability to exercise.
- 5.2. You agree to not hold any certified trainer or directors of Baller Nation or any other Baller Nation entity liable for any injury or illness that may occur during a session. You understand that should you feel light-headed, faint, dizzy, nauseous, or experience pain or discomfort, you are to stop the activity & inform your trainer immediately.
- 5.3. You must not attend Baller Nation if you have any flu-like symptoms.
- 6.1. PAYING FOR MEMBERSHIPS
- 6.1.1. Paid in Full memberships must be paid at the time of signing up & entering into the Membership Agreement.
- 6.1.2. Direct Debit Membership fees are paid weekly by direct debit from your nominated bank account or credit card.
- 6.2. MEETING YOUR PAYMENT RESPONSIBILITIESFor Direct Debit Memberships, you must make sure:
- 6.2.1. Your account can accept direct debits;
- 6.2.2. There is enough money in your account on the payment day and 5 days immediately following;
- 6.2.3. You notify us if you are transferring or closing your account, at least 72 hours before the next direct debit; and
- 6.2.4. You notify us about any changes to your credit card, such as its expiry date or number, at least 72 hours before your next debit.
- 6.3. WHAT HAPPENS IF YOUR PAYMENT IS LATE OR FAILS?
- 6.3.1. If membership fees are not paid in full on the weekly due date, we will suspend your access to Baller Nation until any outstanding balance has been paid and you have given us your account details. We will attempt to notify you if your access has been suspended.
- 6.3.2. We will continue to debit your nominated account, without notice, until we have received the total amount you owe us.
- 6.3.3. For membership/s in your name, you must make sure that the payment method you choose remains valid for the length of your agreement. This includes third-party accounts. If the details you give us fail, you are liable for all resulting fees. You should update your details if they change.
7. CAN WE CHANGE YOUR AGREEMENT?
From time to time, we may add to, change, or alter our terms & conditions. This includes changing Baller Nation opening & closing hours, its services, facilities & membership fees. Sometimes, we may also close Baller Nation for refurbishment to improve the facilities. If this substantially reduces our ability to provide our service to you, we will reduce your membership fees accordingly on a pro-rata basis. The most up-to-date Terms will always apply. We will attempt to provide reasonable notice. If we do not fulfil our obligations to you, you may be able to cancel your membership. Unless the law states, otherwise, you will not have any other claim against us if this happens.
8. CAN WE INCREASE YOUR FEES?
We will not increase your fees during your initial 2-week term (Initial Term). We reserve the right to increase your fees at any time following the expiry of the Initial Term. We reserve the right to increase the fees of our memberships at any time. We will make a reasonable effort to give you notice of this change at least 28 days beforehand by writing to the address you last gave us (which may be an email address). We will consider that you have received our letter or email on the second business day after it is sent. Where we have made a reasonable effort to let you know about a fee increase, you authorise us to increase any debits from your nominated account.
9. HOW WILL WE NOTIFY YOU OF CHANGES?
If we make changes to your Membership Agreement, we will attempt to notify you of this change at least 28 days before the change comes into effect (Notice). We may provide notice by calling you at the last number you provided to us, writing to you at the last email address you provided us, or speaking to you in person at Baller Nation.
10. FREEZING & CANCELLATIONS
We understand that from time to time you may not be able to train due to holidays, rest periods, becoming sick or injured. You may also wish to cancel your membership altogether. The following terms apply to freezes and cancellations of Memberships:
- 10.1. FREEZING YOUR ACCOUNT
- 10.1.1. Memberships can be frozen at any time. You must give 7 days written notice by emailing [email protected]
- 10.1.2. You may not freeze your membership during the Initial Term. Following the Initial Term, you may freeze for 2 consecutive weeks per 6 months of membership, free of charge (Permitted Freeze Period). A freeze exceeding the Permitted Freeze Period will incur a fee of $10 per week.
- 10.1.3. You may only freeze your membership for a minimum of 1 week, and freezes apply to full weeks of training only. Freezes in this manner apply to both Direct Debit and Paid in Full Memberships.
- 10.2. CANCELLATIONS
Following the Initial Term, your membership may be cancelled by giving 14 days’ notice by emailing [email protected]
11. PAID IN FULL MEMBERSHIPS
PAID IN FULL MEMBERSHIPS ARE STRICTLY NON-REFUNDABLE AFTER THE COOLING OFF PERIOD: However, you may transfer the remaining term of your package to a friend or family member. Transfer fees of $30 are applicable and the transferee is required to complete a Pre-Game Assessment before participation in our Sessions or Packages.
12. SESSION PACKAGES:
10 Session Packages expire twelve (12) weeks from the date of purchase and 20 session Packages expire twenty-four (24) weeks from the date of purchase unless package duration has been altered by authorised staff members of Baller Nation. PACKAGES ARE PAID IN FULL AND ARE STRICTLY NON- REFUNDABLE.
13. USE OF YOUR IMAGE:
You agree to allow us to take a video or photo of you to use for promotional purposes from time to time.
14. PERSONAL BELONGINGS
We recommend that valuables are not left unattended while you attend a Session or activity. You release Baller Nation (including its Trainers) from any liability or responsibility in respect of any loss or damage of your personal belongings.
15. CONDITIONS OF ENTRY TO THE CLUB
- 15.1. ATTENDANCE IN SESSIONS
- 15.1.1. All Sessions must be pre-booked.
- 15.1.2. Entry will be refused to a Session if you have not booked and the Session is full.
- 15.1.3. You must cancel your booking if you decide not to attend a Session.
- 15.1.4. Failure to cancel your booking for a Session that you do not attend will attract a fee of $10. This will be charged automatically, without notice to you.
- 15.1.5. If you cancel your booking within 3 hours of the Session time, a late cancellation fee of $5 will be charged automatically, without notice to you.
- 15.1.6. If your membership is a limited per week option i.e. 3 or 4 Sessions per week or a pack option a fee will not be charged however that Session will not be refunded or reallocated.
- 15.1.7. Participation in any Session is not permitted unless a Pre-Game Assessment has been completed by a Trainer.
- 15.1.8. If at any time a Trainer advises you to stop a Session for your own physical safety, then their decision is final. To the maximum extent permitted by law, all liability for your wellbeing is placed on yourself.
- 15.2. DRESS CODE & BEHAVIOUR
- 15.2.1. Appropriate workout attire and footwear must always be worn & a towel must be brought to all sessions.
- 15.2.2. Workwear is not acceptable.
- 15.2.3. Offensive slogans on clothing are not acceptable.
- 15.2.4. If a Trainer deems a member to be under the influence of drugs or alcohol, entry to the club will be denied.
- 15.2.5. Anti-social behaviour will not be tolerated, and members will be asked to leave the Session solely at the discretion of the trainer.
- 15.2.6. Baller Nation reserves the right to cancel your membership for any unacceptable behaviour.
16. RISK DISCLAIMER
You understand that Sessions at Baller Nation may be physically strenuous, and you voluntarily participate in them with full knowledge that there is a risk of personal injury, property loss or death. You agree that neither you, your heirs, assigns or legal representatives will sue or make any other claims of any kind whatsoever against Baller Nation or its members for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise. Despite anything to the contrary, to the maximum extent permitted by law, you agree to indemnify us and hold us harmless in respect of any liability that we may suffer, incur or otherwise become liable for, arising from or in connection with your membership, attendance or participation at Baller Nation.
17. PERSONAL TRAINING
- 17.1. PERSONAL TRAINING ONE ON ONE
- 17.1.1. Personal Training Session’s (PT Sessions) must be redeemed as follows:
- 22.214.171.124. A single PT Session - to be redeemed within 3 months;
- 126.96.36.199. A pack of 2 x PT Sessions - to be redeemed within 3 months from activation;
- 188.8.131.52. a pack of 5 x PT Sessions - to be redeemed within 3 months from activation;
- 184.108.40.206. a pack of 10 x PT Sessions - to be redeemed within 5 months from the activation;
- 220.127.116.11. a pack of 20 x PT Sessions - to be redeemed within 7 months from activation.
- 17.1.2. PT Sessions are paid through Baller Nation up front in full. ‘Activation’ is taken to be the date of first session.
- 17.1.3. We will review Personal Training fees periodically and may change them from time to time for certain Trainers. We will give you at least 14 day’s notice by displaying the proposed change in The Baller Nation App (our membership portal) or emailing you at the email address you have provided to us.
- 17.1.1. Personal Training Session’s (PT Sessions) must be redeemed as follows:
- 17.2. CANCELLATION OF YOUR PT SESSIONS
- 17.2.1. If for any reason, we need to cancel your booked PT Session within 24 hours, your next scheduled PT Session will be provided free.
- 17.2.2. In return, we require 24-hour’s notice of any cancellation or rescheduling. Failure to do so will result in you being charged the full PT Session rate.
- 17.3. REFUNDS AND TRANSFERS
- 17.3.1. If you are unable to continue your scheduled PT Sessions due to medical reasons, a refund may be available (in Baller Nations sole discretion) for the remaining PT Sessions. You will need to submit a letter from your doctor clearly stating exercise restrictions prior to a refund being considered. Refunds are not provided under any other circumstances.
- 17.3.2. If your Personal Trainer is away on holiday or sick leave, please contact your club manager and you will be allocated a temporary replacement Personal Trainer for the duration of their absence. Refunds will not be given on PT Sessions that have to be rescheduled under these circumstances.
- 17.3.3. If your Personal Trainer is no longer with Baller Nation, your club manager will allocate you another Personal Trainer and will supply them with your complete training history. Refunds will not be provided under these circumstances.
- 17.3.4. You may not transfer your Personal Training Sessions to another person. If you cancel your Baller Nation Personal Training package, any remaining PT Sessions must be delivered prior to cancellation and no refunds will be given for unused PT Sessions.
- 17.4. LATE ARRIVALS
- 17.4.1. If your Personal Trainer is more than 10 minutes late for your PT Session, Baller Nation (in its sole discretion) may provide you with a free PT Session, arranged at a mutually convenient time for you and your Personal Trainer.
- 17.4.2. If you are late for your PT Session, your PT Session length will be deducted accordingly, and a full PT Session will be deemed to have been used. If you’re more than 20 minutes late, the PT Session may be cancelled, and you will be deemed to have used the PT Session.
- 17.5. PERSONAL TRAINERS
- 17.5.1. If you would like to change Personal Trainers, for any reason, please contact your club manager and she/he will be happy to assist you.
- 17.5.2. Should you experience any pain, discomfort, or injury, during any of your sessions, please inform your Personal Trainer immediately.
- 17.5.3. Prior to, or during, the course of your training, health concerns may arise that may require further input from your doctor, physiotherapist or other allied health professional. Your Personal Trainer may request your assistance in obtaining that information. Please be aware that your Personal Trainer cannot diagnose and/or prescribe treatment for any form of injury, disease, or other medical problem.
- 17.5.4. Our Personal Trainers are charged at different rates on agreed pricing systems through Baller Nation HQ.
18. RELEASE AND INDEMNITY
- 18.1. You agree to use and possess the Services at their own risk.
- 18.2. To the fullest extent permitted by law you hereby release and discharge Baller Nation and its agents and employees from:
- 18.2.1. all Claims and demands on Baller Nation; and
- 18.2.2. any Loss whatsoever and whenever caused to you or any third party whether by way of death of, or injury to, any person of any nature or kind, accident or damage to property, delay, financial Loss or otherwise,
arising directly or indirectly from or incidental to a breakdown of, or defect in the Services or any accident to or involving the Services (whether occasioned by Baller Nation’s negligence or otherwise) or which may otherwise be suffered or sustained in, connection with the Services.
- 18.3. Without limiting the foregoing, to the fullest extent permitted by law you release and discharge Baller Nation and any manufacturer of any part of the Services, from any liability in respect of personal injury, loss or damage arising in connection with the Services.
- 18.4. You indemnify and hold Baller Nation harmless to the full extent permitted by law for any loss whatsoever arising out of or in connection with the supply of the Services to you.
19. WARRANTIES AND LIABILITY
- 19.1. The Services may come with guarantees which cannot be excluded pursuant to the Australian Consumer Law.
- 19.2. Baller Nation makes no express of implied warranties under these Terms in relation to the Services.
- 19.3. To the maximum extent permitted by law, Baller Nation will not be liable for indirect, consequential, special, punitive or exemplary damages including but not limited to loss of income, loss of business, loss by reason of delay, whether arising in negligence, from breach of contract or otherwise, in connection with these Terms or the Services.
- 19.4. To the maximum extent permitted by law, Baller Nation limits its liability for breach of these Terms to the price of the Services.
- 19.5. To the maximum extent permitted under the Australian Consumer Law, Baller Nation’s liability for breach of a Consumer Guarantee, if the Consumer Guarantees apply at law, is limited to the replacement, or reprovision of the Services.
- 19.6. Baller Nation’s liability under these Terms is reduced to the extent that you contributed to any loss or claim.
20. COVID-19 WARNING AND WAIVER
- 20.1. The novel coronavirus, COVID-19 and its variants and strains (COVID-19), have been declared a pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person to person contact or by way of airborne particles. As a result, federal, state, and local governments and federal and state health agencies have mandated social distancing and have, in many locations, prohibited the congregation of groups of people.
- 20.2. Baller Nation has taken special preventative measures to reduce the spread of COVID-19, however, Baller Nation cannot guarantee that you will not become a close contact with a person who is COVID-19 positive or that you will not become exposed to or infected with COVID-19. Further, attending a Baller Nation gym session may increase your risk of contracting COVID-19.
- 20.3. By agreeing to these Terms, you acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you may be exposed to or infected by COVID-19 by attending Baller Nation and that such exposure or infection may result in personal injury, illness, total permanent disability, loss, consequential loss or death.
- 20.4. You understand that the risk of becoming exposed to or infected by COVID-19 at Baller Nation may result from the actions, omissions, or alleged negligence of Baller Nation and others, including, but not limited to, Baller Nation employees and other program participants.
- 20.5. You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to yourself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that you may experience or incur in connection with your attendance at any Baller Nation Services (Claims).
- 20.6. You hereby release, covenant not to sue, discharge, and hold harmless Baller Nation, its employees, agents, and representatives, from all Claims. You acknowledge and agree that this release includes any claims in connection with the actions, omissions, or alleged negligence of Baller Nation, its employees, agents, and representatives in the event a COVID-19 infection or close contact occurs before, during, or after participation in any Baller Nation Services.
21. GENERAL PROVISIONS
- 21.1. You agree that we have not made any representations that you have relied on that are not in this Agreement. This Agreement constitutes the entire agreement between us and you.
- 21.2. This Agreement is governed by the laws of the state/territory in which the Studio is located.
- 21.3. If any part of a provision of this Agreement is unenforceable or illegal in a jurisdiction, it is severed for that jurisdiction only and the remaining provisions retain their full effect.