Elixr Education Terms & Conditions

MEMBERSHIP TERMS
1. Elixr complies with the “NSW Fitness Industry Code of Practice” (the “Code”). The Code has been made available to you and this membership is offered under the provisions of the Code.

2. Elixr reserves the right to change conditions of Membership, hours of operation, services offered and all fees and charges, at any time, at its sole discretion and without prior notice to the Member. Any such changes will be notified to you through either a newsletter published from time to time, the website, notices in the club and/or mailing / emailing to your last known address.

3. You are bound by and have to uphold the “Rules and Regulations (Guidelines)”. You have been provided with a copy of the current Guidelines. The Guidelines may be changed or updated by Elixr at any time at its sole discretion and without prior notice.

4. It is your responsibility to ensure that you correctly operate any club facilities or equipment. If you are in doubt as to how to correctly operate or use any club facilities or equipment, you must consult an Elixr staff member for assistance.

5. No one has made any representations (whether verbal or written) to induce you to enter this Agreement and that no verbal agreements or understandings have been made with Elixr unless as set out in this Agreement.

6. You must inform Elixr of any change in your contact details, bank accounts or credit card details for payment, or any other information relevant to your Membership.

7. You have been given the option of choosing a membership based on a fortnightly billing agreement.

8. Any free membership time cannot be applied towards the membership minimum term. Free membership time cannot be exchanged for other goods or for another tender, cash or discount.

9. Entry to Elixr Health Clubs: Your attendance must be registered, and a Membership “tag” must be presented at reception prior to entry into the club. Entry may be refused without presenting a current tag. You are not permitted to share your tag or allow anyone else to use it. A replacement tag can be purchased at reception for $10.00. Tags are to be returned upon completion of your membership.

10. All non-members and Elixr guests will be charged a Casual Visit Membership Fee to use the facilities and must sign in at reception before entry on each visit. Terms and Conditions Apply.

11. On joining, you must supply your full name, date of birth, and contact information to verify your identity. Your Membership allows access to the person identified on the Membership Agreement only. A photograph or photo ID of you is required to confirm your identity each time you enter the club.

12. Members of Elixr must also become members of the Eastern Suburbs Leagues Club (“Easts”) as a condition of using the Elixr facilities (which are situated on Easts property). There shall be no additional fee for membership of Easts as this has been included in your Elixr membership. By signing the membership agreement, you are applying for and consenting to become a member of Easts and receive marketing communication from them.

13. You will receive marketing correspondence via electronic transmission on regular basis which may include (but not limited to) newsletters and promotional material. You may unsubscribe at any time.

14. We use CCTV in our clubs at all times for the safety, security and health of our members, guests and staff. If you have any enquiries in regard to the use of CCTV operation in our clubs, please contact our management team.

The Terms and Conditions and Rules and Regulations and the interpretation thereof, are subject to change at management discretion. You will be held to the current Terms and Conditions available at elixr.com.au and you should ensure that they are familiar with them.

COURSE/SUBJECT FEES
15. Your signed enrolment form acts as confirmation that you accept and commit to paying the fees, as they are stated on your course registration/ agreement.

MINIMUM AGE
If you are between the ages of 14 to 17 years old, you may be eligible for an Elixr membership subject to the Elixr minimum age policy.

16. Membership is limited to persons who are at least 14 years of age.

17. Members less than 16 years of age must be supervised by an adult when using club facilities. If you are under 16 years of age, your parent or guardian must complete your Pre-activity Readiness Questionnaire.

MEMBERSHIP HOLD (PAUSE)
18. Elixr Education memberships cannot be placed on Hold.

CANCELLATION AND REFUND POLICY
19. Student requests for refunds received in writing up to 14 days prior to the commencement of a course or term will receive a full refund less administration fee of $150.00 cancellation fee for any/each course. Student requests for refunds received in writing submitted and received less than 7 days prior to a course starting will receive a full refund minus the deposit paid, or 25% of total course fees. If there is no written notification prior to a course or subject being started, no refund will be issued. A course or subject has started once the course you are enrolled in has begun (course advertised start date). Elixr School of Pilates reserves the right to refuse registrations for our courses, cancel or postpone course dates, and will provide a full refund under these circumstances.

TRANSFER/DEFERMENT
20. Only one deferment or transfer will be granted for each course. An administration fee of $25 is applicable per deferment/transfer. Students are required to complete course within 12 months of original booking.

PHOTOGRAPHY RELEASE
21. I agree that all photographs and videos taken of me by Elixr Holdings Pty Ltd (ABN: 53 242 813 536) may be used by Elixr School of Pilates and Elixr Health Clubs for marketing, publicity, training, and advertising purposes. I authorise Elixr Holdings Pty Ltd utilise my images for the above purpose without any remuneration. I agree that Elixr Holdings Pty Ltd owns all rights to these images. I must obtain prior written consent from the owner if I plan to use any of the images for personal use.

PERSONAL TRAINING AND THERAPIST SERVICES
22. Occasionally, Elixr may avail licensees who offer services such as personal training, nutrition consultation and/or massage. Any claim you may have as a result of an act or failure to act by such a licensee (whether or not payment has been made to the licensee) will be brought against and will be the responsibility of that licensee.

You hereby release, indemnify and keep indemnified Elixr for any claim by you as a result of an act or omission by a licensee. You must notify Elixr immediately if you have a claim against a licensee. Elixr will always assist, where possible, to resolve any conflict or issues with licensees.

23. Personal trainers and therapists are available at Elixr and their services shall be taken up at your sole discretion.

BOOKINGS AND APPOINTMENTS
24. Fees may apply if you do not attend a scheduled class booking/appointment and/or do not register your attendance with reception. Fees (including credit card fees where applicable) are charged in arrears alongside the fortnightly membership debit. Members should ensure that they are familiar with the current Elixr Fair Booking Policy available at elixr.com.au.

i. Classes: There is a fee of $10.00 for each class no-show and $5.00 for each late cancelled booking (within 3 hours before the class start time). Pilates classes are limited to 1 online booking per day. Additional Pilates bookings are available in club at reception on the day. Online Pilates bookings exceeding the daily limit will be cancelled. Please read the full Class Fair Booking Policy terms and conditions here.

ii. 1 on 1 Adult Swim Lessons: There is a fee of $20.00 for each no-show and $10.00 for each late cancelled booking (within 12 hours before the class start time).

iii. 1 on 1 Trainer Session: Your programming session will be forfeited if you no-show or late cancelled booking (within 24 hours before the class start time). Unused sessions are non-refundable as per Trainer Session Terms and Conditions.

iv. Special Events/Workshops/Seminars: Late cancel and no-show fees will be charged as per the Fair Booking Policy for Classes unless stated otherwise in the booking description and/or marketing materials.

If your booking behaviour is deemed unacceptable, you may receive a written warning and have online class bookings blocked up to 4 weeks.

PHYSICAL CONDITION
25. You are required to complete a Pre-Exercise Questionnaire. You must notify Elixr of any change in your health and fitness so that your training regime can be appropriately modified. In the event of pregnancy, members must notify Elixr by completing a Pregnancy Authorisation to Exercise form and a Pregnancy Acknowledgement form before continuing to use the facilities.

26. Any advice and/or recommendation by an Elixr Fitness Instructor / Employee is not intended to constitute medical diagnosis or treatment, nor should it be relied on as a suggested course of medical treatment for a particular condition. If you are in doubt, you should obtain medical advice prior to commencing any exercise program.

27. You must not use any Elixr facilities whilst suffering from any infections or contagious illness, disease or other ailment or whilst suffering from any physical ailment such as open cuts, sores, or minor infections where there is a risk (however small) to other members and guests.

MEMBER’S ASSUMPTION OF RISK
28. You are aware that the use of the premises and its facilities and your participation in classes and programs conducted by Elixr may involve strenuous activity and special risks.

29. You warrant that you are physically able to participate in any classes/fitness program or use any club facilities in which you have chosen to participate and have not been advised otherwise by your medical practitioner. You further warrant that you have no pre-existing medical condition that would otherwise prevent you from using the club facilities and/or participating in any classes/fitness program.

You understand that you will be engaging in activities that may involve risk of personal injury or illness and which may also involve the risk of economic/property loss and damage. You also understand that there may be risks involved that are not known to you or to Elixr or may not be foreseen or reasonably foreseeable at this time or at the time of using the club facilities or participating in the class/fitness program. You assume the foregoing risks including risk of any negligence by Elixr and its respective owners, directors, officers, employees or agents, and accept personal responsibility for any injury (including but not limited to personal injury and disability), illness, damage, loss, claim, liability or expense of any kind or nature, that you may suffer arising out of or in connection with the use of club facilities or participation in classes/fitness programs by you, or any minor/person under your supervision, care or control.

LIMITATION OF LIABILITY
30. In consideration of the grant of Membership to you, you hereby release and forever discharge Elixr from all actions, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs and expenses howsoever arising that you may have incurred arising from or in connection with your Membership and/or use of Elixr facilities and equipment, or from being on club premises to the fullest extent permitted by law and whether caused or contributed to (directly or indirectly) by any act of negligence, breach of duty or default/omission on the part of Elixr and its respective owners, directors, officers, employees or agents.

31. In consideration of the grant of membership to you, you agree that Elixr will not be liable for any loss, damage or theft of any of your (or your guest’s) property except where caused by the gross negligence of Elixr. Further, Elixr will not be liable for any death, personal injury or illness occurring on club premises or as a result of use of facilities or equipment, except to the extent that it arises from the gross negligence of Elixr and its respective owners, directors, officers, employees or agents.

PAYMENT TERMS
32. A Fortnightly Membership Debit may be paid by a nominated bank account or credit card. Payments made by credit card will attract a minimum credit card processing fee of 1.37%. American Express and international cards attract a higher rate.

33. On each occasion that a scheduled fortnightly payment is declined for any reason, the Member gives permission to Elixr to charge a Payment Declined Fee. The current decline fee of $11.00 may change without prior notice.

34. Should any payments, fees or other debts remain due but unpaid from any source, Elixr may suspend the Member’s use of the Membership Services until all fees and other debts are paid in full. If payment is not received the Membership may be cancelled.

Elixr engages the services of a Debt Collection agency to manage member accounts with an outstanding debt and reserves the right to invoke a reasonable Administration Fee on overdue accounts.

35. All fees and charges are subject to Clause 2 of this Agreement.

36. If you have opted to pre-pay your entire membership fee, any renewals thereafter must be for a minimum of 12 weeks and the payment must be received by Elixr before the membership expires.

37. SPECIFIC ACKNOWLEDGMENTS (All members undertaking fortnightly debit membership payments must acknowledge and agree to the following.)

i. Your nominated bank account is debited on a fortnightly basis. The number of debits and amount is determined by your Minimum Term at the club.

ii. Your Membership will continue after the Minimum Term, until you cancel your membership by providing Elixr with four (4) weeks written notice. Membership will then be cancelled after two (2) further full fortnightly debits.

iii. Whenever a payment is declined or returned unpaid, the outstanding amount, together with an Administration Fee will be charged to you.

iv. Payments will continue to be debited after the minimum term until the membership is cancelled by you in writing. You will be notified of the date the debits will cease when the cancellation request is received and approved by Elixr.

vi. By signing a fortnightly direct debit membership agreement or by adding payment details to GymMaster you also agree to Payrix DDR Service Agreement terms and conditions.

RULES AND REGULATIONS (GUIDELINES)

CODE OF CONDUCT
The Code of Conduct must be complied with to maintain a safe and enjoyable environment. You should respect the health and safety of each other while on the club premises and must comply with Occupational Health and Safety requirements of the club. Any internal signage displayed around the club forms part of the Membership Rules and Regulations and should be treated as part of the Code of Conduct. If you are seen to be in breach of the Code of Conduct or Rules and Regulations, Elixr reserves the right to terminate your membership and take further action if deemed appropriate.

ACCESS
Club access may be denied if you are using threatening / abusive language, act in a threatening manner or if you are under the influence of drugs or alcohol. You may be asked to leave if Elixr considers your behaviour to be unsafe or unacceptable in any other way.

DAMAGE TO PROPERTY
You will be held liable for damage for damages caused to equipment or any property of Elixr. Members will be held responsible for damage caused by children or guests.

DRESS CODE
You must wear covered training shoes in any cardio and weight training areas of the club and always be suitably clothed for safety and hygiene reasons.

EQUIPMENT
All equipment must be returned after use in all areas of the club, in particular the return of free weights and benches. If participating in Group Exercise Classes in the studios, any equipment used must be replaced.

BEHAVIOUR
Elixr has a zero-tolerance policy for behaviour that may cause injury or impact someone’s safety and wellbeing. This includes being disruptive, unreasonable, disrespectful, abusive, violent, discriminatory or intimidating. You must behave in a respectful manner whilst in club and communicating with staff. Unacceptable behaviour may result in a written warning, immediate removal from the club, suspension or termination of your membership. Elixr reserves the right to take these actions without prior notice.

SMOKING
Members and their guests acknowledge that the club premises are non-smoking.

GUESTS OF MEMBERS
Guests may use the club’s facilities on payment of a Casual Membership Visit Fee and successful sign in at reception. Guests are required to complete a Pre-Exercise Questionnaire prior to entry. Guests are subject to Casual Pass Terms and Conditions, Elixr Terms and Conditions including the minimum age policy. Children cannot be left unattended in the club or at reception at any time. A reference to members in this document includes their guests.

HYGIENE AND CLEANLINESS
A clean sweat towel must be always used while training at the club (including classes and on mats). You must wipe down all equipment after use. Members return all equipment (weight plates, bars, etc.) when finished using it.

LOCKERS
Lockers are provided for use ONLY while the member is training in the club and are used at the member’s own risk. While all care is taken, Elixr will not be held liable for any loss, damage or theft of belongings placed in lockers or brought on the premises. If a pin code cannot be remembered or locker number cannot be identified, belongings cannot be retrieved until the close of the club on the same day. Unclaimed property will be kept for 14 days and thereafter donated to charity.

PRIVACY AND SECURITY
During or immediately prior to your Membership, we may obtain certain personal information (such as about your health and your financial position). Elixr will only use, disclose, or deal with such information in accordance with its Privacy Policy available at elixr.com.au. Additionally, for safety and security reasons Elixr may use surveillance in common areas. You may not make any recording or take any photograph of any person without the authorisation of that person.

Elixr Health Clubs may take photos and footage of the club for promotional usage, in which members may be visible. Signage of membership agreement is consent for images and footage to be used in promotional and other business-related material deemed appropriate unless otherwise advised in writing.

PREGNANCY
For your safety, if you fall pregnant, your access to certain classes will be denied, as per the Pregnancy Acknowledgement form. Refer to point 31 Physical Condition for more pregnancy information.

STUDIOS / GYM FLOOR
You are only permitted to access studios under the supervision of Elixr staff. No glass bottles are to be taken into studios or on the gym floor. As a courtesy to all members and Elixr staff, please do not use your phone during class and take phone calls in non-workout areas only.

STEAM ROOMS
You must shower before use. Children under the age of 14 years, pregnant women and individuals with high blood pressure should not use the steam rooms. Glass bottles, food and shaving are prohibited in steam rooms. You must be suitably clothed or wearing a towel while in steam rooms.

SWIMMING POOL
Pool Rules and Swim Etiquette must be always followed. You must shower before using the pool and wear a swimming cap while using the pool. Food and drinks are not permitted in the pool area. Lane direction and restrictions when lap swimming must be adhered to. The pool is unsupervised, hence children under the age of 16 must always have adult supervision. No running, diving, or jumping is permitted in the pool area. Children may only use the pool when taking part in a supervised swimming lesson with Elixr Swim School and an Elixr Swim School instructor.