REVL – WEBSITE TERMS AND CONDITIONS AND MEMBERSHIP TERMS
By accessing or viewing this Website, by booking or attending a Class or by purchasing a Membership, you agree that you have read, understand and will comply with these terms and conditions (“Terms”)
REVL reserves the right to change these Terms, conditions of membership, hours of operation, services offered and any fees and charges, at any time, at its sole discretion. REVL will notify such changes to you either through the Website or to your last known email address.
REVL may assign its rights under these Terms at any time without prior consent or notice.
In these Terms:
- “Associated Entities” means any franchisee, employee, contractor, associated entity or agent.
- “Class” means any class offered by REVL.
- “Code of Conduct” means REVL’s class rules and code of conduct, as updated from time to time.
- “Membership Fee” means the fees which are due and payable for your Membership.
- “Membership” means your membership with a REVL Studio.
- “Membership Term” means the minimum term of your Membership as specified by REVL.
- “Program” means a fitness program coordinated by REVL at a Studio, incorporating set Class types, in the quantity, for the duration and incorporating the content specified by REVL.
- “Reservation Platform” means the REVL or third party platform on which you may purchase Memberships or reserve Classes or Programs.
- “Reservation” means a reservation for a Class or Program.
- “Studio” means any REVL studio, whether operated by us or any of our Associated Entities.
- “We”, “us”, “our” or “REVL” means REVL Training Pty Ltd.
- “You” or “your” includes any person who accesses or views this Website.
- “Website” means any website or social media page owned or managed by REVL or its Associated Entities.
Headings are provided for convenience only.
You’ll need to purchase a Membership before attending classes
Important information about your Membership
By purchasing a Membership:
- you are entering a periodic agreement which will continue until you or REVL terminates it in accordance with these Terms; and
- you are granted access to Classes and specified Programs and at one specific Studio over the Membership Term subject to these Terms. For the avoidance of doubt, a Membership does not allow you to access another Studio.
Memberships will run for the Membership Term and cannot be terminated early other than in accordance with this Agreement or law.
You must generally be an adult (i.e. over the age of 18) to purchase a Membership or attend a Class, however Persons between the ages of 16 and 18 may purchase a Membership or attend a Class with the REVL’s consent and the consent and signature of a parent or adult guardian.
In order to purchase a Membership and attend Classes, you must;
- create an account with us and our Reservation Platform;
- provide us and our Reservation Platform provider with all information reasonably required to process your Membership (including but not limited to your credit card details and evidence that you are fit to attend Classes);
- sign and/or agree to any other agreement or policy as required by us or our Reservation Platform provider, including but not limited to our Code of Conduct, privacy policies, direct debit authorisations, terms, waivers and medical or injury history and information.
By purchasing a Membership, you agree that all information provided by you is true and correct and that you will maintain and update this information in order to keep it current, complete and accurate.
You are solely responsible for maintaining the confidentiality of any access credentials or codes relevant to your Membership or the Reservation Platform.
REVL sets limits on Memberships, Programs and Classes
Classes are subject to safety conditions and maximum and minimum attendee limits, and we reserve the right to cancel Classes without providing notice or refunds if the Class cannot take place for any reason. However, if a Class you have Registered to attend is cancelled due to an unforeseen circumstances, you will be contacted via text, phone or email.
Programs and Classes will run according to REVL’s directions and content. Whilst you are encouraged to ask questions to better connect with REVL’s programs, REVL does not offer personalised training or tailor the Classes or exercises to any particular person or circumstance.
Classes are subject to availability and offered on a first come first serve basis. By purchasing a Membership, we do not guarantee that you will always have access to your desired Classes, and you are not entitled to any refund if you cannot attend all Classes for any reason. You must make a Class Reservation prior to attending a Class, which you may do online via the Reservation Platform or directly by calling the Studio during class hours, up to one (1) hour before the scheduled Class time.
If you are unable to attend a Class that you’ve reserved, please ensure that you cancel by written notice to the Studio no later than one (1) hour before the Class start time, to allow another attendee the opportunity to attend. If you fail to attend a Class for which you have Registered without providing adequate notice, Revl reserves the right to restrict your Registrations in future.
Restrictions on Individuals
REVL and its Associated Entities reserve the right to restrict clients altogether, or to a particular class type, for safety reasons at their discretion. For example (and without limitation) REVL and its Associated Entities reserve the right to turn clients away if they do not have the medical clearance, have not arrived in time to hear safety instructions or warm up, have not attended safety orientation, have not met any other legal requirement (e.g. they have not provided COVID-19 vaccination evidence) or are otherwise not fit to complete the activity in the Class.
Membership Limits (including Part Time and Off Peak conditions)
The number of Classes you may attend within any period of time may be limited by the terms of your Membership.
For example, Part Time members may attend a maximum of two (2) classes per week. Where Classes are limited under your Membership, you agree that you will not be entitled to any “rollover”, credit or compensation of any kind for Classes which you cannot attend, for any reason whatsoever, within the prescribed period of time.
In addition, Classes may be divided between “Peak” and “Off Peak” Class types, and your Membership may grant limited or different access to “Peak” and “Off Peak” Classes.
As of the date of preparation of these Terms, “Peak” classes refer to any class which commences before 9.30AM at the applicable Studio. However, you acknowledge and agree that REVL may change this definition at any time by providing reasonable notice (e.g. through the Website or to your last known email address).
Memberships, Programs and Classes are not transferable to another individual, and cannot be used by another person, other than with REVL’s written consent.
REVL’s consent, if given, may be subject to payment of applicable transfer application fees.
If someone other than the Membership purchaser arrives to attend a Class, they will be turned away or asked to purchase a Membership prior to attending classes.
We may take and use video and audio recordings of yourself
Why we take Recordings
REVL will use video and audio surveillance equipment to monitor common areas of its Studios on a 24-hour basis.
Recordings may be used by REVL for any purpose, including for security, marketing or any other lawful purpose.
Consent and Release
You agree that REVL and its Associated Entities have the right to take or use Media of yourself and your property, and use them in any or all media worldwide (including online or physical publications in any place) at any time and for any purpose.
You fully release to REVL and its Associated Entities all rights to exhibit Recordings in any form, and waive any rights, claims or interest you may have to control the use of your identity and likeliness in the Recordings and agree that the Recordings may be used in this way without payment of compensation to yourself.
If you have any issues or concerns about the way in which your Recordings are being used, please let your Studio know, and we will endeavour to remove it from our online content or (if on physical materials) to no longer use the Recording on our future publications/printings of the materials.
This is how you will be charged Fees
All costs, including Membership Fees:
- include GST; and
- are non-refundable and non-transferable (except as required by law).
By purchasing a Membership and providing a payment method (e.g. your credit card), you explicitly give REVL the authority to charge your applicable Membership Fee on a weekly basis, and in the amounts and for the minimum term according to the term of your Membership, as provided to you in writing.
You must ensure that you have the required amount in your bank account on the scheduled payment date.
Payments are normally processed on the day of the week in which you purchased the Membership, unless otherwise elected by REVL.
Other Fees, including Non-Payment Fees
When you purchase a Membership, you will pay a one-time Account set-up fee of $15.
Our payment supplier charges a non-payment fee set by the supplier for any failed payment. We are not able to waive or reduce this fee if charged, and you will need to forward any related issues to the supplier.
On each occasion that a scheduled payment is declined for any reason, we will continue to attempt to process the payment every two days thereafter. If three consecutive payments fail, the member’s ability to book classes will be restricted.
You must pay a payment processing fee in addition to your weekly Membership Fee. Processing fees are approximately $0.88 for bank payments, and 2.2% of fees for credit card payments. This fee is subject to our Direct Debit service provider’s processing rates, may be subject to changes set by the supplier, and may vary relative to your chosen payment method.
These are your “Cooling Off” rights
There is a seven (7) day cooling off period that begins on the date this form is submitted during which time you may terminate your Membership by delivering written notice to the official REVL email address for the Studio at which you purchased your Membership.
The following charges be payable and non-refundable in the event of Cooling Off:
- all Membership Fees charged by REVL to date;
- any payment processing fees paid to date; and
- the setup fee of $15.
How your Membership will renew at the end of the term
Your Membership will automatically renew and continue, and Membership Fees will be payable, until you cancel your Membership with two weeks’ written notice after the initial commitment period prescribed in the Membership.
Your Membership will automatically renew month-to-month at the end of your Membership Term, and associated Membership Fees will remain payable, unless you cancel at least 14 days before the end of the term.
How you can Cancel your Membership
To notify REVL of a cancellation, you must send an email to your Studio (note that social media message, in-person conversations, text or phone call will not suffice) which details your name, email we have on file for you, cancellation date request and reason for cancelling.
Non-compliant cancellations will not be valid or applicable.
Once your Membership is cancelled, you will lose the right to REVL content or to attend Classes until you purchase a new Membership.
You may cancel your Membership at any time with two weeks’ written notice, at any time after the first 30 days of your Membership is complete.
If you wish to cancel within your Membership Term, you can do so by:
- providing 14 days’ written notice; and
- paying out the remaining Membership Fees which would be payable for the remainder of your Membership Term – at half of the weekly Membership charge – as well as any associated payment processing or administration fees (Exit Fee).
You acknowledge that the Exit Fee is a genuine reflection of REVL and/or the Studio’s loss associated with your early termination, which reflects (among other things) REVL and/or the Studio’s loss of Membership Fees over the remainder of the term, necessary administration fees, the time and cost associated with marketing for, onboarding and training yourself, and the time and costs of marketing for, onboarding and training a new member in order to mitigate REVL’s loss.
At the end of your Membership Term, you may cancel by providing 14 days’ written notice.
Despite the above, you can cancel your Membership (if a pause is not suitable) during the Membership Term, without paying an Exit Fee (other than third party administration costs) and at 7 days’ written notice, if:
- you are sick or otherwise incapacitated, and you show us a certificate from a qualified medical practitioner stating that you cannot exercise for the rest of your minimum term; or
- you have moved your residential address to a location more than twenty (20) kilometres from any REVL Studio, and you provide us documentation showing your address-change.
How you can pause your Membership
To notify REVL of a Membership pause, you must send an email to your Studio (note that social media message, in-person conversations, text or phone call will not suffice) which details your name, email we have on file for you, and pause date request. Non-compliant cancellations will not be valid or applicable.
Once your Membership is paused and for the duration of the pause, we will not charge you Membership Fees (other than the Pause Fee and associated payment processing fees where applicable) but you will lose the right to REVL content or to attend Classes until your Membership is no longer in pause.
Your Membership will be automatically extended, and your expiry date deferred, by the Pause period.
For the avoidance of doubt, Membership pauses are available to and should be used by attendees who are required to isolate due to Government regulations relating to COVID-19.
Membership pauses are not available for Flexi Memberships.
You may pause your Membership for up to a maximum of six weeks within any 12-month period (Pause Period), without paying any portion of your Membership Fee, by providing written notice to REVL no less than seven (7) business days prior written notice.
The Pause Period may not be less than seven (7) days, and you may not pause the Membership for more than three (3) weeks during the first three (3) months of your Membership.
At the end of the Pause Period, you will be automatically charged the full fees set out in your Membership Agreement.
Despite the above, you can pause your Membership for a longer period, if you are sick or otherwise incapacitated and you show us a certificate from a qualified medical practitioner stating that you cannot exercise for the rest of the extended period.
Pauses must start in line with your normal payment collection date but can end on any day.
If you extend the Pause Period or request a new Pause Period, to the extent that you have paused your Membership for more than six weeks within any 12-month period, you must pay us a fee equal to 50% of your Membership Fee week for every week that your Membership is paused (Pause Fee) (plus any payment processing fee) in accordance with this Agreement.
You acknowledge that the Pause Fee is a genuine reflection of REVL and/or the Studio’s loss associated with your extended Pause, which reflects (among other things) REVL and/or the Studio’s loss of your expected and full Membership Fees over the Pause Period, the loss of another member’s full Membership Fees which might have been payable had you terminated your Membership and cleared availability for new members, and necessary administration costs.
HOW We CAN terminate or restrict your Membership
REVL reserves the right to restrict, suspend or terminate your Membership (as determined in REVL’s absolute discretion) by immediate notice if:
- you are in breach of these Terms (including but not limited to where you have failed to pay Membership Fees); or
- REVL is otherwise of the reasonable opinion that you are unfit to access the Classes.
Should any payments, fees or other debts remain due but unpaid from any source, REVL may suspend your use of the services or access to Classes until all fees and other debts are paid in full.
If your Membership is restricted or suspended, your Membership will not be reinstated until you remedy your breach of the Terms to REVL’s satisfaction.
Classes are Conducted at your Own Risk
Take Care in our Classes
Classes are conducted at your own risk. It is therefore your responsibility to seek advice and clearance from a qualified medical practitioner prior to undertaking any Class with us. Neither we, our Associated Parties, our contractors or employees hold medical or dietary qualifications, and do not provide medical advice.
You must comply with all our directions and guidelines given to you relating to our Classes.
If you experience any faintness, shortness of breath, pain or dizziness, you must immediately tell us, stop all physical activity and seek medical advice and clearance before participating in another Class.
We are not responsible for the safekeeping of personal belongings while you attend a Class, and do not assume responsibility for any lost, stolen or damaged personal property.
We do not warrant or guarantee any result out of or in relation to participation in Classes or purchase of a Membership, and any such warranty not contained within these Terms is excluded.
Release and Indemnity
Neither we nor our Associated Parties accept responsibility for – and you, your heirs, assigns and representatives fully release us and our Associated Parties from – any liabilities, claims, loss, cost, expense (including legal fees) or injuries (including death) arising out of or in relation to your participation in a Class, whether caused by negligence or otherwise.
You also agree to hold harmless and indemnify REVL and Associated Entities from any loss, damage, cost, liability, expense (including legal fees) which REVL, its Associated Entities or any third party may incur as a result of your participation in a Class, including but not limited as a result of your misuse of equipment or failure to comply with these Terms.
Any liability in connection with the Classes under law (including any condition or warranty implied by law or any guarantee or other right under any statute) that cannot be excluded is limited to the resupply of the Classes or the Class price.
State Based Laws
These Terms are subject to Australian law and governed by the state laws where your Studio is located.
If a court decides that any section of these Terms is not valid or enforceable, that section will be deleted from the Terms, and all other sections will remain valid and enforceable.
If your Studio is in Victoria, Australia, the following statement applies.
Warning under the Australian Consumer Law and Fair Trading Act 2012
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 sign this form, 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 this form.
NOTE: The change to your rights, as set out in this form, does 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.
Website Information is General Only
Any information provided by REVL under this Website, such as written content, workout routines, dietary recommendations and blog posts, are of a general nature only.
Except as otherwise provided at law, REVL does not make and exclude any warranties or representations about the accuracy, completeness or fitness for any purpose of the Website’s contents. This includes express warranties, as well as warranties that could be implied.
REVL may provide links to other websites on our Website. These websites aren’t controlled or endorsed by us, and we accept no liability in relation to the quality, accuracy or legality of third-party websites.
How You Are Allowed to Use Our Website
You’re only allowed to use our Website for lawful purposes, which may include:
- browsing the Website;
- reading information on the Website; and
- sending us legitimate enquiries.
Email addresses, contact forms and any other communication forms that appear on this Website are for legitimate communications or enquiries only and must not be used to send unsolicited messages.
We Are Not Responsible If Things Go Wrong on Our Website
REVL uses normal efforts to make sure this Website is virus-free. However, we don’t guarantee that it is, and it’s your responsibility to ensure that this Website does not expose you to any harmful viruses or other malicious code, software or hackers.
You agree to indemnify and hold us (including our Associated Parties) harmless from all liabilities, claims, and expenses, including legal fees, that arise from your use or misuse of this Website or your breach of these terms and conditions.
To the extent permitted by law, we and our Associated Parties accept no responsibility and exclude all liability to you on any basis (including negligence) for any loss or damage, however caused, which you may suffer in relation to your use of this Website.
If any part of any of these Terms is void, then the part that is void may be removed without affecting the rest of the Terms.
You Cannot Use Our Intellectual Property
Unless otherwise indicated, we own or have the rights to use our intellectual property, including:
- all copyright in this Website and its contents; and
- any of our trade marks (whether registered or unregistered); and
- all intellectual property rights (including design, copyright, patents and trade marks) in our content, including but not limited to our workouts, copy, photographs or videos.
We reserve all rights in relation to all intellectual property. You must not in any way reproduce, publish, communicate or adapt any of our intellectual property or any part of this Website (including these terms and conditions) without our prior written consent.
We Can Change Our Terms and Our Website
We may, in our absolute discretion, change these Terms from time to time without notice to you.
Also, parts of this Website may not be updated regularly and therefore may be out of date.
Please Tell Us if You Have Any Concerns
We want you to be happy with your experience, so if you have an issue or concerns about these Terms or the Website, please contact us first so that we can resolve the matter.
These Terms and your use of this Website and any dispute arising out of these are governed by the laws of South Australia, Australia.