TERMS AND CONDITIONS

Terms & Conditions 

1. Definitions
 In these Terms: ACL means the Australian Consumer Law Schedule 2 of the Competition and Consumer Act 2010 (Cth) and its associated Regulations as amended; consumer is as defined in the ACL; goods means any goods supplied by Centre of Strength and Wellness to you; Centre of Strength and Wellness means Centre of Strength and Wellness Pty Ltd (ACN 617 608 054); In Writing means delivered to staff on our premises in person or by mail, or sent to our email; services means any services, including fitness, coaching or psychology services provided by Centre of Strength and Wellness to you; Terms means these Terms and Conditions; and You means you, the person acquiring goods or services from Centre of Strength and Wellness.

2. Basis of Agreement 

  1. These Terms apply exclusively to the provision of goods and services by Centre of Strength and Wellness to you and cannot be varied or replaced without Centre of Strength and Wellness written agreement.
  2. Centre of Strength and Wellness may vary or amend these Terms at any time by written notice to you. Any variations or amendments will apply from the date specified in the written notice, but will come into effect no earlier than 4 weeks after the notice.

3. Pricing 

  1. All prices quoted for goods and services include GST, unless otherwise specified.
  2. Centre of Strength and Wellness may, from time to time, vary its prices to take account of, amongst other things, any change in the cost of providing the goods and services, by providing prior written notice to you. Any changes to the prices will take effect from the date specified in the notice.

4. Payment 

  1. If payment is made by direct debit, then you authorise Centre of Strength and Wellness or their direct debit provider to debit the relevant amount from your nominated bank account.
  2. If the debit day falls on a day that is not a business day, Centre of Strength and Wellness may debit your account on the following business day.
  3. You must ensure that you have sufficient funds in your nominated bank account at all times.
  4. If your direct debit payment is dishonoured then Centre of Strength and Wellness may contact you in writing in which case you will have 14 days to provide a valid reason for the default, or to remedy the default. If no action is taken in this time then Centre of Strength and Wellness may terminate your package without notice.
  5. Centre of Strength and Wellness will be entitled to pass on to you the amount that Centre of Strength and Wellness’s bankers or direct debit provider charge it for your dishonoured payment(s). You may also be charged a fee by your financial institution.
  6. If you believe that there has been an error in debiting your account, you should contact Centre of Strength and Wellness in writing as soon as possible.
  7. You must notify Centre of Strength and Wellness of a change in your credit card details at least 48 hours prior to your next scheduled direct debit.

5. Casual, Class Packs and Packages 

  1. Centre of Strength and Wellness offers casual, class packs and packages in accordance with these Terms.
  2. You warrant that any information you provide to Centre of Strength and Wellness on your account is true and correct. You must provide Centre of Strength and Wellness with notice of any change to the information provided on your package application within 14 days of that change.
  3. Casual, packs and packages are not refundable or transferrable unless otherwise agreed by Centre of Strength and Wellness. Clients found sharing these may have their account suspended or terminated by Centre of Strength and Wellness.
  4. Package Cancellation – you must provide Centre of Strength and Wellness with at least 2 weeks written notice to cancel your package.
  5. Cancellations by Instagram, LinkedIn or any other social media will not be accepted.
  6. You may apply to Centre of Strength and Wellness in writing for a suspension of your package for a minimum period of 1 week and up to 6 weeks at a time.
  7. You may suspend your package no more than twice in a 12 month period.
  8. Any suspension does not count towards the minimum period of a flexible membership.
  9. We recommend booking in advance to avoid disappointment. Clients can book in advance.

6. Termination 

  1. Centre of Strength and Wellness may terminate your direct-debit package without notice for inappropriate, offensive or illegal behaviour, as determined by us, which occurs on our premises or is directed at our staff or other members.
  2. You may terminate your direct-debit package if you become affected by a long term or permanent injury or illness that will prevent you from using our services. Termination will take effect from the date we receive written confirmation from a medical doctor that your injury or illness will exceed a period of 6 weeks.
  3. Termination of contracts before their completion must be paid in full.
  4. Courses, events and workshops must be cancelled with 24 hours notice. Any cancellations outside this window will not be refunded.

7. Introductory Offers 

  1. Introductory offers are available only to new customers at Centre of Strength and Wellness and are valid for the specified period and specified classes from the date that the first class is booked or attended.
  2. Once an introductory offer ends, you will need to select a casual, class pack or package to continue use of the centre.
  3. Introductory offer holders may attend the number of classes specified during the specified period for the specified class type only.
  4. All bookings are subject to Centre of Strength and Wellness’s cancellation policy. In the event of a no show or a late cancellation, Centre of Strength and Wellness may charge you for your class.
  5. No further discounts or concessions apply to introductory offers.


8. Class Packs 

  1. Centre class packs may be purchased online or at The Hub as follows:
     (a) Single (casual) class
     (b) 6 class pack (expiring 90 days from the date the first class is booked or attended);
     (c) 12 class pack (expiring 90 days from the date the first class is booked or attended);
     (d) 52 class pack (expiring 180 days from the date the first class is booked or attended).
  2. Class packs cannot be refunded, transferred, suspended or extended.
  3. Class packs are valid for the specified classes only
  4. Class packs are not valid for workshops, events, retreats or any other non-specified class

9. Packages

  1. Packages may be activated online for the specified number of classes per week
  2. Packages cannot be refunded, and are activated for 12 week periods
  3. Packages will continue into the new 12-week period unless Centre of Strength and Wellness is notified of a cancellation 14 days prior to the end of the current 12-week period, as requested in writing

10. Gift Vouchers
Gift vouchers can be put towards Strength and Conditioning services and Mat Classes at Centre of Strength and Wellness.

11. Entry to Centre
Centre of Strength and Wellness retains the right to refuse studio entry to any person at its sole discretion.

12. Children
Any children under 15 years of age must be walked in by an accompanied parent or guardian.

13. At the Centre
You are required to follow all reasonable directions of Centre of Strength and Wellness team members while at the centre.

14. Purchases
All purchases are final. Centre of Strength and Wellness will not provide a refund for missed classes for change of mind, temporary ill health or otherwise. If you know you will be unable to attend a class or appointment, please cancel your booking in accordance with clauses 15 and 16.

15. Class cancellation policies
There is a 6 hour cancellation window for mat classes. For Physio Active Movement and Strength & Conditioning classes there is a 12 hour cancellation window. Sign in to your account online, via the CSW app or call The Hub on 9528 4340 to early cancel your booking and avoid possibly being charged for the class.

16. Appointment Cancellation Policies
Appointment cancellation (Applicable for all 1:1, 1:2, 1:3 sessions in Strength and Conditioning and Physio Active Movement plus treatments for Physiotherapy, Exercise Physiology, Nutrition and Strength and Conditioning) – We understand sometimes things happen, and are happy for you to modify your booking at any time up until 12 hours beforehand. If you need to cancel within 12 to 6 hours prior, 50% of the cost is required and we will process this automatically via your stored credit card details. Cancellations made less than 6 hours prior will be charged the full appointment cost. (Discretion applied as required) Once you’ve received the booking confirmation via email, you have accepted these conditions. Cancellations must be made by phone or in person with your Centre of Strength and Wellness health professional.

17. Physical Condition 

  1. By attending at Centre of Strength and Wellness facility you warrant that, to the best of your knowledge, you are in good physical health and have no existing medical conditions that would prevent you from participating in Centre of Strength and Wellness’s services, or that would be
    aggravated by using the services.
  2. You must advise Centre of Strength and Wellness if you become aware of any changes to your health that may impact on your participation in the services, or which Centre of Strength and Wellness must know to provide appropriate care for you
  3. If you become aware of any health concerns you must consult a doctor or qualified professional before resuming use of the services.
  4. It is your responsibility not to use any equipment or undertake any exercise that you suspect may adversely affect any medical condition you have.

18. Privacy

  1. Your “personal information” (as defined by the Privacy Act 1988 (Cth)) will only be used by Centre of Strength and Wellness or our direct debit provider to provide you with the services contemplated by the Direct Debit Request or these Terms. Centre of Strength and Wellness will only disclose such information to third parties to the extent specifically required by law.
  2. You must not photograph or record other users in Centre of Strength and Wellness’ without their express consent
  3. You consent to Centre of Strength and Wellness use of your image in any promotional materials, including on Centre of Strength and Wellness social media accounts

19. Services 

  1. Any information provided by Centre of Strength and Wellness team members during treatments, classes or services is for general information purposes only and should not be regarded as legal or financial advice
  2. Centre of Strength and Wellness team members may provide you with advice and guidance; however you acknowledge and agree that you are solely responsible for your own choices and actions and for the outcome of those choices and actions
  3. Centre of Strength and Wellness does not warrant that you will have continuous access to its treatments or services, and will not be liable to you in any way in the event that these services become unavailable to you
  4. Centre of Strength and Wellness team members may take and keep on your file detailed notes of your sessions
  5. Centre of Strength and Wellness reserves the right to report to the appropriate authorities any situations where you are considered to be at risk of self-harm, or of harming others. Centre of Strength and Wellness team members are also under an obligation to report to police any information received from you about the commission of a criminal act.
  6. If you are unable to attend a scheduled treatment or service appointment, please contact Centre of Strength and Wellness by phone on 9528 4340 to cancel or reschedule at least 12 hours prior to the appointment. Cancellation fees may be charged for clients cancelling 2 or more sessions within any calendar month.

20. Liability 

  1. 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 Centre of Strength and Wellness is required to ensure that the recreational services it supplies to you- (a) are rendered with due care and skill; and (b) are reasonably fit for any purpose which you, either expressly or by implication, make known to us; and (c) might reasonably be expected to achieve any result you have made known to us. Under section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic), Centre of Strength and Wellness is entitled to ask you to agree that these statutory guarantees do not apply to you. If you accept this form, you will be agreeing that your rights to sue us 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 these Terms, does not apply if your death or injury is due to gross negligence on Centre of Strength and Wellness’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.
  2. You accept that your use of the facilities provided by Centre of Strength and Wellness or at Centre of Strength and Wellness is at your own risk and you acknowledge that the use of the facilities may involve risk or injury whether caused by you or another party. By accepting these Terms and Conditions you agree that Centre of Strength and Wellness will not be liable for any personal injury suffered on club premises, or from using our facilities or equipment, unless due to the gross negligence of Centre of Strength and Wellness.
  3. Except as the Terms or the ACL specifically states, or as contained in any express warranty provided in relation to the goods or services, these Terms do not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or services or any contractual remedy for their failure.
  4. You may be required to obtain medical advice prior to participating classes or sessions not conducted by a health practitioner.
  5. Centre of Strength and Wellness does not take any responsibility for any personal belongings brought into or left at the centre.

21. Risk 

  1. Centre of Strength and Wellness warns that whilst you are using the services of our facility, you are at risk of suffering physical harm or personal injury including broken bones, soft tissue injury, joint injuries, permanent disability of death. These injuries may occur from you slipping on wet flooring, being struck by equipment, colliding with equipment or other members, engaging in strenuous exercise or incorrect use of equipment.
  2. You acknowledge that any such injury may result not only from your actions but from the action, omission or negligence of others.
  3. You acknowledge and agree that the above mentioned injuries and potential causes of injury are not exhaustive, and there are other unknown or anticipated risks that may result in injury, illness or death.
  4. You acknowledge that whilst every attempt is made to ensure that the recreational services and facilities provided by Centre of Strength and Wellness are safe, there are some significant and inherent risks involved and you agree that you are participating voluntarily and at your own risk and responsibility, thereby exposing yourself to certain risks.

22. Cancellation
Centre of Strength and Wellness will use its reasonable endeavours to provide the services at the times specified but will not be liable for any loss or damage suffered by you or any third party for any late or cancelled classes or sessions, including classes and sessions cancelled due to public holidays or otherwise.

23. Force Majeure
Centre of Strength and Wellness is not liable in any way howsoever arising to the extent that it is prevented from acting by events beyond its reasonable control including, without limitation, industrial disputes, strikes, lockouts, accident, breakdown, import or export restrictions, acts of God, acts or threats of terrorism or war. If an event of force majeure occurs, Centre of Strength and Wellness may suspend or terminate the Agreement by written notice to you. 

24. Miscellaneous 

  1. The law of Victoria from time to time governs the Terms. The parties agree to the non-exclusive jurisdiction of the courts of Victoria, the Federal Court of Australia, and of courts entitled to hear appeals from those Courts.
  2. Centre of Strength and Wellness’s failure to enforce any of these Terms shall not be construed as a waiver of any of Centre of Strength and Wellness’s rights.
  3. If a clause is unenforceable it must be read down to be enforceable or, if it cannot be read down, the term must be severed from the Terms, without affecting the enforceability of the remaining terms.
  4. Centre of Strength and Wellness is bound by the Privacy Act 1988 (Cth) and the Health Records Act 2001 (Vic), and operates in accordance with the Code of Conduct of the Australian Physiotherapy Association.