Terms and Conditions
tekniQ Training (tekniQ) would like to clearly outline the terms and conditions of this engagement as simply and thoroughly as possible. Please take the time to read through the information carefully to avoid any uncertainty. If you still have questions, please ask your trainer.
It is important that the terms between you and tekniQ are clear. The terms outlined in this document supersede any other terms and conditions previously handed out and signed by you, so please read this in full.
Services provided by tekniQ (membership level dependent) and included in your fee are:
1. Gym Facility (4:30AM - 9PM/7 Days a week)
2. Group Fitness Training (Indoor & Outdoor)
3. Personal Training (PT) (45 minutes per session)
4. tekniQ mobile apps (Membership and Group Bookings)
Minimum Age
For safety and security reasons you must be at least 18 years old to become a member. However, if you are:
I. 13 years of age, you can be permitted to attend our Group fitness solo
II. 15 years of age, you can be permitted to attend our Gym solo
For the above, both you and your parent or guardian agree to our terms and conditions and taking direction from employees of tekniQ whilst training for your safety, you may join us.
Privacy
Your Personal Information
Your personal information from when you apply for Membership (trial or full pledge), you will need to provide us with, and we will have access to personal information about you, including information relating to your health and finances.
General Consent
By signing this Agreement, you consent to us collecting, using, disclosing and dealing with your personal information in accordance with our privacy policy. In particular, you consent to the transfer and storage of your personal information on secure servers offered by our vendors.
Up to date contact information
You must tell us promptly if you change your contact or payment details or if there is a change to other relevant personal information, including anything that may affect health or safety
Consent to use your image
You understand that photos, films, videos or audio recordings are sometimes taken of Members for promotional purposes. Your permission will first be obtained if this is done. By signing this Agreement, you agree to allow your image, recording or likeness to be used for any legitimate purpose by tekniQ or affiliates.
General Conditions of use
1. Our memberships come with minimum commitment periods:
I. Gym - 12 weeks
II. Group Fitness – 12 weeks
III. Personal Training – 12 Weeks
2. You are not permitted to transfer your tekniQ training sessions to another person
3. You are not permitted to bring another individual to train with you unless they are a member or registered for a Free Trial with tekniQ
4. To secure your place tekniQ training must receive your payment in full (or direct debit schedule) at the time of registering
5. All payments are due in full (or direct debit) by midnight on the commencement day of training. tekniQ holds the right to cancel you from our training group whenever your payments are not upto-date
6. Membership cancellations are permitted and will incur a 50% cancellation fee for the remainder of the membership commitment period or two weeks’ notice (whichever is applicable)
7. Personal Training (PT) sessions are scheduled weekly. While adjustments to these sessions are allowed, any cancellations must be made with a minimum of 12 hours' notice in order to be eligible for rescheduling. However, sessions cancelled with less than 12 hours' notice will result in forfeit of session without the option for a refund or reschedule. No-shows will not be rescheduled or refunded.
8. Group Fitness classes are limited. If you have booked in a class and do not show up (without a medical reason) a $5 No-Show fee will apply.
Fees
Payments for membership can be made two ways:
1. Flexible payment frequency options via Direct Debit (Bank Account or Credit Card)
2. Cash (via agreement) The fees you have to pay (per agreement) are based on your membership type and commitment period associated.
If you do not make any payment when it is due, your Membership may be suspended and you could be refused access to our Facilities and Services until all outstanding amounts have been paid.
Your Membership may also be terminated if any Fees remain unpaid for an extended period. You will still be liable for all unpaid amounts. A Cancellation Fee may also apply (inside commitment periods).
Fee increases
I. During the Minimum Term, your Membership Fees may be increased/varied. All attempts will be reasonably made to make you aware of the increases IF you are joining within 30 days of scheduled increases.
II. After the Minimum Term, all Fees may be increased.
III. We will make reasonable efforts to tell you of any Fee changes, generally 30 days. IV. If your Fees are varied, you authorise any debits from your nominated account to also be varied.
Membership Cancellation
Cancelling your Membership on or after end of the Minimum Term
I. If this is a Fixed Term Agreement (paid upfront), you do not need to do anything, as your Membership will end when the Minimum Commitment ends. We may contact you before your Agreement ends to discuss renewal.
II. If this is an Ongoing Agreement (Direct Debit), it will continue after the Minimum Term unless you tell us in writing at any time (but at least 14 days) before the end of the Minimum Term that you wish to cancel your Membership. If you tell us before the end of the Minimum Term but it is less than 14 days before, your Membership will continue for another 14 days before it ends.
III. If this is an Ongoing Agreement and it has continued beyond the Minimum Term, you can cancel any time by giving us at least 14 days prior written notice.
Cancelling for your convenience in the Minimum Term
During the Minimum Term, you can cancel your Membership at any time by telling us in writing and paying a Cancellation Fee. Applicable Fees If you cancel your Membership, you will be liable for Fees incurred, i.e. your Membership Fees for the time you were a Member (calculated on a pro rata basis), the Fob Key Fee and Fees for services already supplied. These Fees are not refundable except in very limited circumstances at tekniQ Director’s discretion.
Suspension/Pausing of membership
A pause of membership will be honoured when or if:
I. an injury has occurred and you are unable to train due to this injury;
II. an illness has occurred and you are unable to train due to this illness; or
III. any other reasonable explanation eg. Pregnancy conditions or extended holiday
Memberships may be suspended/paused for a limited period for injury with a medical certificate for a period of time. There may be circumstances where this could be extended and would need explicit authorisation from the Director of tekniQ training PTY LTD.
tekniQ reserves the right (in its discretion) to request a Doctors Certificate and/or a clearance from your doctor for any of the above before issuing a credit.
Memberships may also be suspended for reasons outside of medical however tekniQ will not allow suspension/pausing for school holidays.
Membership suspensions during minimum commitment period do not contribute to the minimum required commitment period.
It is recommended that you consider any prolonged and pre-arranged absences you may have prior to joining tekniQ.
Alterations and cancellations by tekniQ
Every effort will be made to ensure that your session runs as per the details in your booking. However, tekniQ reserves the right to vary session details (including time, location, format and instructor) or cancel a session entirely if necessary. Where appropriate, notice of these changes may be made via SMS, Facebook, phone or in person.
Public Holidays
tekniQ will be closed on all the Public Holidays (excl. Gym Facilities). Full notice will be given prior to this occurring.
Health and Fitness
You must complete the tekniQ Pre-screen Questionnaire prior to booking and participating in your initial/first session. You undertake to provide tekniQ training with true and complete information.
Depending on any of the questions you answer YES to tekniQ may request that you seek medical clearance prior to starting any session
In the event of any change to your health, or condition that would affect your ability to engage in physical activity, or to any answer provided in the questionnaire, you undertake to inform tekniQ prior to the commencement of a session.
In the event of an emergency or should the need otherwise arise, you give tekniQ permission to contact your nominated emergency contact, medical practitioner or therapist.
Safety First
You agree that, when present or participating in a tekniQ session, you will be careful, both for yourself and others and you will comply with the safety regulations and instructions of tekniQ trainers at all times. If exercising in a public space you will observe all local rules, road rules and local laws.
If at any time a tekniQ trainer considers that you are jeopardising the safety of others, then you may be asked to leave the session and you will not be entitled to a refund or a credit for that session. tekniQ, at its discretion, may also refuse your participation in future training sessions.
Misconduct, using obscene or profane language or exhibiting behaviour that may cause injury or is considered offensive or threatening by clients of tekniQ to trainers or other clients is not tolerated. In these cases tekniQ trainers may ask you to leave the session. It will be at the discretion of the tekniQ Director to allow you to continue with the rest of your sessions or not.
Gym & Indoor Facilities
tekniQ premises have CCTV security cameras recording 24 hours a day (except in bathrooms) and may have remote video or other guarding services. This system is used for security purposes but does not guarantee against harm. You should contact the tekniQ if you have questions on this.
Emergencies
I. The Gym area has an emergency panic button for safety and security reasons which will alert a emergency services, for example, if you are, or feel, threatened or need medical help. You must understand how emergency apparatus works and agree to use it only in an emergency.
II. If you deliberately use emergency services button inappropriately, you agree to pay for any costs, loss or damages incurred because of this inappropriate use.
Acknowledgement and Acceptance of Risk
You acknowledge that participation in physical activity carries with it a risk of injury or damage to personal property and that you voluntarily undertake to participate in a tekniQ session at your own risk. You acknowledge that outdoor training surfaces in public spaces can be uneven, unpredictable and beyond the control of tekniQ trainers.
You represent and warrant that you have disclosed to us all information about your medical condition and history that you are aware of that relates to your participation in a tekniQ session. You understand that participation in a tekniQ training session may involve exercise or activity that you should not undertake if you suffer from any medical condition, or have a pre-existing injury or are feeling unwell. You understand that if you are in doubt as to your fitness to carry out physical activity, it is your responsibility to first obtain medical advice or clearance from your doctor, medical practitioner or therapist.
Vehicles and it’stheir contents, parked in any car park, or elsewhere while attending tekniQ are left at their owner’s risk and tekniQ will accept no liability for loss or damage (however so caused).
Liability
General: To the extent permitted by law, tekniQ excludes all implied terms or warranties, whether statutory or otherwise arising from or in connection with these Terms.
Limitation of liability
If tekniQ fails to provide the services in accordance with these Terms, tekniQ training will, at its discretion, re-supply the services or pay the cost of re-supplying the services.
Exclusion of liability
To the extent permitted by law, tekniQ excludes its liability for any costs, claims, loss (direct, indirect or consequential) death or damage of any person arising from or in connection with these Terms or participation in, or transport to/from, a tekniQ training session, including, without limitation, any loss (direct or indirect) arising from or in connection with:
any injury or illness you suffer as a result of any on-going medical condition or a poor standard of health or fitness; or
any medical condition, injury or illness which you sustain during any session run by tekniQ;
any damage to or loss of your personal property during any session run by tekniQ; and tekniQ’s equipment.
Indemnity
Except to the extent of tekniQ, or a tekniQ employee’s, negligent acts, omissions or their equipment, you agree to indemnify and hold harmless tekniQ training and all its employees from all costs, liabilities, claims, loss (direct, indirect and consequential) death or damage for which tekniQ or any of its employees may become liable as a result of any claims or actions which you make or which are made on your behalf due to any loss (direct, indirect or consequential), costs, claims liabilities, death or damage that you may suffer as a result of a breach of these Terms or participating in a session run by tekniQ.
Changes to these Terms and Conditions
tekniQ reserves the right to change these Terms and Conditions without notice. Once a customer has successfully registered as a client by accepting the Terms and Conditions the responsibility is upon themselves to maintain an awareness of the current Terms and Conditions of tekniQ. To enable this, the Terms and Conditions will constantly be available from tekniQ via email or web.
tekniQ reserves the right at any time to increase the fees to be charged, and will use reasonable endeavours to give written notice to the most current addresses or preferred communication method you have supplied prior to this occurring.
tekniQ cannot guarantee that we will not need to change, add to or remove rules, conditions of joining, including but not limited to the Terms and Conditions, session times and the services and locations offered by tekniQ from time to time. Any such conditions, deletions or changes will be notified to you in writing or by phone with at least 30 days’ notice.
Dress Code / Attire
You will not be permitted to participate in tekniQ training unless you are properly attired.
Properly attired means tekniQ clients are to wear the t-shirt provided along with suitable clothing (nonoffensive) and appropriate enclosed sporting footwear when participating in any of our services offered. It is also paramount that personal hygiene is considered when participating in tekniQ training, so it is appreciated that everyone wears deodorant and is aware of their own body odour.
Promotional
By signing these terms and conditions you consent to tekniQ requesting the use of your image in any promotion or any other material in relation to the business. Please note this is only a request and your permission is necessary.
Not sure about something and need more info?
If you do not understand something in these terms and conditions, please contact us on 0429 835 647 or in writing at admin@tekniqtraining.com.au
We will be happy to assist you. Please be advised that these terms and rules may change from time to time. We will make an effort to inform you in advanced. Please note: the most up to date terms and conditions contract and rules will always prevail after the outlined notified period.