Who we are

Our website address is: https://www.revolutionpersonaltraining.com.au To help us provide a professional, motivating and enjoyable experience for you and all our members, please read through the terms and conditions of utilising this website. By accessing the website you are agreeing to these terms and conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, please do not access this site. The materials contained in this website are protected by applicable copyright and trademark law.

Disclaimer The materials on Revolution Performance Training’s website are provided on an ‘as is’ basis. Revolution Performance Training makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Revolution Performance Training does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

Limitations In no event shall Revolution Performance Training or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Revolution Performance Training’s website, even if Revolution Performance Training or a Revolution Performance Training authorised representative has been notified orally or in writing of the possibility of such damage.  Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Accuracy The materials appearing on the Revolution Performance Training website could include technical, typographical or photographic errors. Revolution Performance Training does not warrant that any of the materials on its website are complete, current or accurate. Revolution Performance Training may make changes to the materials contained on its website at any time without notice.

Modifications Revolution Performance Training may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

Links Revolution Performance Training has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Revolution Performance Training of the site. Use of any linked website is at the individuals own risk.

Governing Law Revolution Performance Training’s terms and conditions are governed in accordance with the laws of Victoria, Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

 

General

These membership terms set out the terms of your membership with RevoPT. These Membership Terms are to be read in conjunction with:

  1. the Mindbody terms of service which apply to your use of the RevoPT booking platform (Mindbody Terms of Service);
  2. the website terms of use which apply to your use of our website (Website Terms).

A “Member” means any individual who holds a membership or single visit/session pass for RevoPT and has signed or digitally agreed to this Membership Form.

By becoming a member with RevoPT, you confirm that you accept these Membership Terms and Conditions and agree to comply with them.

You agree to sign or digitally sign our form before commencing your first RevoPT class or appointment.

Application of Terms

Throughout this document the name ‘RevoPT’ will be used interchangeably with Revolution Personal Training, Revolution Performance Training, Revolution Personal Training Pty Ltd or Revolution Personal Training as trustee for the Revolution Personal Training Trust.

These Terms together with the RevoPT Studio Rules and the Direct Debit Request together make up a legally binding agreement (“the Agreement”) between RevoPT and the Member. This Agreement is binding on the Member by signing and returning the Application Form to RevoPT or otherwise accepting these Terms by any other electronic means.

You agree that prior to submitting the Application Form, You have read and agreed to these Terms.

You acknowledge and agree that You have not relied on any representations (including any medical representations) made to You prior to or at the time of entering into this Agreement.

A Member’s membership commences on the date that the Member commences their first session of this Agreement, or in the case where a Member signs up to a new RevoPT Studio that is not yet trading, on the date of opening of that new RevoPT Studio.

Membership

  • Minimum Age

Membership and attendance of any kind at RevoPT is limited to persons who are at least 18 years of age.

  • Membership Types

– Introductory Offer – A trial period for first time users only where you can access our services and participate in classes or personal training either in person or virtually online for a limited period of time.

– Pay As You Go Membership (auto renew) – Unlimited class access or a set Personal Training sessions plus class access each week.

– 12 Months Minimum Term/Contracted Membership (auto renew) – Unlimited class access, locked in for a Minimum Term of 12 months duration as specified in the signed Membership Agreement.

– Class/Session Pack – (e.g. a 10 Class Pass) Once purchased gives the member access for a specified number of classes or appointments only and is to be used by the expiry date. All package purchases have a 12 month expiry date.

All pay as you go and contracted payments are made via fortnightly direct debit from the nominated bank account or credit card.

– Your membership will automatically renew at the end of the Minimum Term, unless you provide us with 14 days notice of your intention to cancel your membership. We will continue to debit your account until notice is provided regardless of frequency of attendance.

By submitting your application, You confirm that You have read and understand these Terms.

You acknowledge that You may not cancel Your membership during any suspension period.

You agree to the payment of the Membership Fee and any applicable fees payable to RevoPT’s third party payment provider, by way of direct debit from Your Billing Account, in the amount and frequency as set out in Your Membership Agreement.

You understand that RevoPT may restrict, suspend or terminate your membership for consistently failing to follow the studio rules: and by accepting these conditions, you acknowledge and agree that participating in physical exercise has inherent risks and undertaking such activity may result in personal injury, illness or death.

RevoPT uses all reasonable measures to comply with the Fitness Industry Code of Practice (the “Code”) and this membership is offered in accordance with the Code.

Membership Term

Your membership will commence on the date you nominate to activate your membership or on your first visit using that service, whichever occurs first and continues for the minimum term specified. At the end of the minimum term, your membership will automatically renew on a fortnightly basis.

If you do not want your membership to renew, you will need to give us at least 14 days’ paid notice prior to the end of the minimum term or the end of any renewal term. You agree that if you give us less than the required notice, you will be charged the full amount due on the next payment date.

You agree to be bound by and to uphold the RevoPT Studio Rules. The RevoPT Studio Rules may be changed or updated by RevoPT at any time at its discretion. You acknowledge that you can find the current RevoPT Studio Rules within these terms and conditions as well as on our website.

https://www.revolutionpersonaltraining.com.au/terms-conditions/

You acknowledge and agree that it’s your responsibility to ensure that you correctly operate any of the RevoPT facilities or equipment. If you are unclear about or don’t know how to correctly use or operate RevoPT facilities or equipment, you must consult a RevoPT staff member and ask for assistance.

Subject to the terms of this Agreement, Members are entitled to use the facilities at any RevoPT Studio so long as the Member continues to comply with its obligations set out in this Agreement, or any reasonable future changes to any documents contemplated by this Agreement as notified to Members. In the event a Member visits a RevoPT Studio that is not their Home Studio, they may be requested to sign any documentation reasonably required by that RevoPT Studio before they are permitted to use any facilities.

Members must ensure that their contact details, including Billing Accounts, are current at all times and must notify RevoPT of any change to Members’ details.

During the first twelve weeks of their membership, Members are only permitted to use the facilities of their Home Studio. At any time after twelve (12) weeks from the commencement of their membership, Members may, subject to availability, reserve and participate in any class in any RevoPT Studio, unless that RevoPT Studio is deemed by RevoPT to be in a holiday destination, in which case certain exclusions or additional fees may apply during peak holiday seasons.

RevoPT may, after the period of three (3) months from the commencement of Your membership and every subsequent three (3) month period, review the RevoPT Studios which Members visited during that period. In circumstances where a Member frequents a specific RevoPT Studio for more than 70% of overall visits during that period which is not that Member’s Home Studio, RevoPT reserves the right to notify Members that the alternate RevoPT Studio will become the Member’s new Home Studio for administrative and billing purposes.

If a Member is notified of the change of their Home Studio, the Member acknowledges and agrees that their Membership Fee will be the higher of their current Membership payable at their previous Home Studio or the membership fee at the new RevoPT Studio for an equivalent membership package. Members acknowledge that the obligation to pay a higher Membership Fee is reasonable in the circumstances and may, by way of example, operate to deter Members from entering into agreements with their Home Studio at discounted rates but with the intention of visiting RevoPT Studios that would otherwise charge a higher membership fee.

Every effort will be made to ensure a consistent pricing structure is in place across all RevoPT studios.

Members acknowledge and agree that foundation or any other discounted Membership Fees apply to new Members only. In circumstances where for example, a Member seeks to terminate its membership and enter into a membership agreement with a different RevoPT Studio on foundation or discounted rates, the membership fee payable in those circumstances will be in accordance with that RevoPT Studio’s standard membership package rates and the discounted rates will not apply.

Your membership will automatically renew fortnightly at the end of the current term at the standard rate unless you cancel at least 14 days before the end of the term.

Membership Increases

We may elect to increase your fees only at any time after your initial membership period has ended. We will make a reasonable effort to tell you about this at least 28 days beforehand by writing to the address you last gave us (which may be an email address). RevoPT will consider that you have received our letter or email on the fifth business day after it is sent.

 

Where RevoPT have made a reasonable effort to let you know about a fee increase, you authorise us to increase any debits from your nominated account.

Membership Payments

You are entering into a rolling direct debit contract with RevoPT. By entering into this Agreement You agree to pay all Membership Fees for the respective period in advance.

Your responsibilities, including payment of membership fees, do not depend on how often you use your membership.

You must tell us about anything that affects your membership, and any changes to your contact and bank details.

You must make sure:

– your account can accept direct debits

– there is enough money in your account on the payment day

– you tell us if you are transferring or closing your account at least 14 days before the next direct debit and provide us with details for another account that can accept direct debits

– you tell us about any changes to your credit card, such as its expiry date or number, at least 14 days before your next debit

If you do not fully pay your fees on the due date, RevoPT will suspend access to RevoPT premises and/or services until all outstanding monies has been paid and you have provided us with your updated account details. RevoPT will continue to debit your nominated account without notice, until RevoPT have received the total amount you owe.

After 14 days, if you refuse to reconcile any outstanding amounts the debt will be forwarded on to a third-party collections agency, which may incur further fees.

 

RevoPT will make a reasonable effort to advise you on the status of the failed payments by letting you know beforehand by either phone, email, sms or in writing at your most recently updated contact details.

Any payment queries must be made within 14 days of the amount being debited from your account. If you query a payment, we will respond to you within 5 working days.

Upfront Memberships/Packs: If you wish to pay upfront for your membership, you are required to pay on the day that you sign up. If you wish to renew your upfront membership at the end of its term, a new membership fee may apply. The fee will then be set at the current upfront rate. By renewing your membership you agree to the membership terms that apply at that time.

All members who have paid upfront are still required to have either bank account or credit card details on file. This allows RevoPT to receive payments if any additional purchases are made or to add additional charges (e.g. a late cancellation fee) to your account if deemed necessary.

Your responsibilities, including payment of membership fees, do not depend on how often you attend the studio.

You acknowledge and agree that RevoPT operates a cashless business, with payment of the Membership Fee to be made by way of direct debit from Your Billing Account. You further acknowledge and agree that RevoPT uses EziDebit as a third party direct debit billing provider. 

The Direct Debit Request will continue until Your membership is terminated or cancelled in accordance with the terms of this Agreement. For the avoidance of doubt the authorisation given under the Direct Debit Request will continue following any assignment or transfer of this Agreement from Your Home Studio to RevoPT or any other RevoPT Location.

You consent to RevoPT providing Your personal information to EziDebit. Furthermore, You also acknowledge and agree that RevoPT may change its third party payment provider during the term of this Agreement. In the event the payment provider changes, RevoPT or the current payment provider may assign or novate the Direct Debit Request to a new payment provider in which case You consent to RevoPT or the current payment provider providing Your personal information to the new payment provider.

RevoPT may recover from You any merchant or other fees RevoPT may incur as a result of any costs incurred by or charged to RevoPT as a result of any method of payment by You of the Membership Fee.

RevoPT reserves the right to charge You a reasonable processing fee being the reprocessing fee in the event of dishonour of Your direct debit or any failed payment. Furthermore, Members will not be permitted to book any classes or appointments at any RevoPT Studio unless and until all outstanding Membership Fees together with any fees incurred by RevoPT are paid up to date.

You must not do anything that will result in the closure or cancellation of the Billing Account without taking appropriate steps to update Your Billing Account with RevoPT. 

You will remain liable to RevoPT for any unpaid Membership Fees or any additional fees incurred by RevoPT in this regard.

Membership Penalty Fees

You recognise it is my responsibility to ensure there are sufficient funds in my account to handle my automatic debit agreement.

You understand any unsuccessful auto debit will incur a $15 fee payable to RevoPT and this may be processed using the account details I have provided.

Also, if a debit is returned by my financial institution as unpaid, a failed payment fee is payable by me to Ezidebit – our third-party billing agency.

You are responsible for any fees and charges applied by my financial institution for each unsuccessful debit attempt together with my collection fees.

Losing Your Membership Access

If you do not fully pay your fees on the due date, we will suspend your club access until your payments are up to date and you have given us your account details. 

All of our introductory memberships roll over into our lowest cost membership of that service category.

This is an opt out feature of our introductory offers.

You can opt to change the default membership option you would like to use moving forward.

What happens if you break our rules

We can refuse entry to anyone, including members, act unreasonably or break the code.

We may also warn you that you risk having your membership cancelled. If you continue to behave in the same way, we may cancel your membership immediately.

Upfront/Prepaid Service Expiry

All prepaid or upfront memberships or packages have a twelve month expiry date.

Non-Working day

When the membership debit falls on a weekend or public holiday the debit will be initiated on the next working day.

Member Referrals

– Refer a friend to join RevoPT to receive 2 weeks free membership time for you and your friend.

– Free membership time will be applied to both the existing (referring) member and the referred member. 

– This campaign offer is conditional upon the referred member joining RevoPT by purchasing a membership package. Once the referred member has joined, both members will be eligible to receive free membership time.

– The free membership time will not form part of your membership’s minimum term agreement. Your membership agreement term will be extended by the free time.

– The free membership time will commence after your referred member has been with RevoPT for a minimum of 28 days of membership.

Eligibility:

  1. The referring member must be a current member of RevoPT
  2. The referred member must not be a current member of RevoPT
  3. Both the referring member and referred member must co-sign a form to verify the referral.
  4. To redeem the offer, both the referred and existing member (referring member) must
  • sign up via the offer link sent to you by email. 

An existing (referring) member will receive two (2) weeks of free membership for each member that they refer to Fitness First who proceeds to purchase a membership package during the promotional period, capped at a maximum of ten (10) weeks of free membership time per calendar year.

Guests of members and casual attendees will be charged a Casual Visit Fee and must complete the Guest Register and Fitness Australia PARQ on arrival at each visit.

Membership Cancellations

You may cancel your membership at any time with 14 days notice written notice after the first month of membership is complete unless you have a fixed term membership.

14 days prior to your fixed term membership expires, you may cancel your fixed term membership. Your membership will roll over into a pay as you go membership if notice is not given.

You cannot suspend your membership payments during your 14 day the notice period.

All written notice must be submitted via our members web portal here:

https://www.revolutionpersonaltraining.com.au/members/

IMPORTANT: If you cancel during the fixed term, you undertake to pay off the balance of the membership fees that would have been due to RevoPT during the minimum term or a $500 cancellation fee, the lesser of the two.

You cannot suspend or hold your membership during your notice period.

Any free membership time/training/suspension cannot be applied towards the membership minimum term.

All arrears need to be cleared before we can terminate your account.

If Your request for termination is for reason of permanent sickness or physical incapacity, You may immediately terminate Your membership on written notice together with a medical certificate evidencing such permanent sickness or physical incapacity.

RevoPT reserves the right to immediately restrict, suspend or terminate Your membership upon verbal or written notice to You in circumstances where:

  1. You have breached any provision of this Agreement (including any conditions of entry) or any RevoPT Studio Rules;
  2. there are health and safety concerns for You or any Member as a result of Your conduct;
  3. You have failed to make payment of any Membership Fees or any other fees payable under this Agreement;
  4. RevoPT or any team member reasonably suspects that You have engaged in an illegal activity in any RevoPT Studio; or

In the event that Your membership is terminated, termination will be effective from the date notice is provided to You. You will remain liable for all financial obligations until that date.

Upon termination of Your membership, You will no longer be permitted to access any RevoPT Studio. Any monies outstanding remains immediately due and payable. You authorise RevoPT to deduct the amount outstanding from any refund which may otherwise be payable to You. If there is a shortfall, You must pay the balance of the amount owing immediately.

If we elect to terminate your membership due to a breach of the studio rules or these terms and conditions no cancellation fee would be payable.

If you are bankrupt, you must show us supporting documents. We will not charge you an exit fee in this case.

RevoPT reserves the right to refuse future membership if your membership is cancelled.

We can refuse entry to anyone, including members, if they act unreasonably or breach these Terms and Conditions. We may also warn you that you risk having your membership cancelled. If you continue to behave in the same way, we may terminate your membership immediately. We can cancel your membership without warning if you behave in a way that is risky or seriously inappropriate, such as threatening or harassing others, damaging equipment, using illegal or performance-enhancing drugs and instructing other members when we have not authorised you to do so.

Cancelling if changes to terms and conditions adversely affect you

We reserve the right to change or add to these membership terms and conditions or the studio rules. If by making such changes you are adversely affected you may terminate this agreement. For the avoidance of doubt, however, changes to club timetables, facilities and hours of operation does not constitute a change of this membership agreement for the purposes of this clause.

You can also cancel your membership if we breach our obligations and we do not fix the breach in a reasonable time after you have told us about it in writing.

Appointment or Class Cancellations and Rescheduling

RevoPT is committed to providing the best service in a timely manner. We aim to accommodate your needs.

Unfortunately, when a client cancels without giving adequate notice, it prevents another client from being served. This cancellation policy is used as a way of respecting the time commitment of all involved. It explains the process for requesting a cancellation and the fees applicable. This policy is used in fairness to both our business and the clients who would otherwise have wanted an appointment.

Cancellation Process
We understand situations can arise in which you must cancel your appointment or class reservation. Due to limited availability we request that you cancel with adequate notice. This allows us to fill that slot.

We require a minimum of 24 hours notice of cancellation of all appointment bookings and 12 hours notice for all class bookings.

If no prior notice or the notice given is not provided within the minimum notice period, you will be charged a cancellation fee for the missed appointment.

  • The cancellation fee for all appointments is the full appointment cost.
  • The cancellation fee for classes is the full casual class fee
    • This also applies to unlimited access memberships
  • The cancellation fee will be charged by prepaid account.

The total amount combined over the course of a week will be added to your regular direct debit payment or added to your account if you have paid your membership upfront. If you have booked the class using a single class pass or one from a block of classes purchased then the total cost of that individual class is forfeited.

We understand that plans may change due to uncontrollable and external circumstances. Missed appointments can be unintentional or may stem from an emergency, etc. Therefore, cancellation due to such circumstances will not incur a cancellation fee. Having cancellation fees waived requires approval from RevoPT.

We aim to never charge cancellation fees as all appointments or classes are attended or rescheduled with adequate notice.

The cancellation fee is the sole responsibility of the client and will be billed via direct debit at the next fortnightly billing cycle. Prior notice will be given 7 days before this fee is to be charged.

You may cancel by contacting us by:

  • phone – 1300 362 311
  • Text – 0488 849 367
  • email – hq@revopt.com.au

 

Class and Appointment Bookings

Class and Appointment Bookings spaces are limited and must be pre-booked online to reserve a space. We aim to keep appointment times and days consistent and recurring wherever possible.

Classes can be pre-booked up to fourteen (14) days prior to the class and bookings close 15 minutes prior to a class commencing.

If You pre-book a class and fail to cancel or attend without giving adequate notice to RevoPT to re-allocate the booking or otherwise provide sufficient reasons for failing to attend (in RevoPT’s discretion acting reasonably), You may be charged a ‘no-show fee’,

Attendance

You must be physically present 5 minutes prior to the start of class or appointment or your spot may be released to a waitlisted client and you will be counted as a ‘no-show’ for that class. No exceptions.

First time clients must arrive 10-15 minutes before the start of their class.

Waitlist

We operate a waitlist for RevoPT Group Training classes. If the class you have booked is full, you can reserve a position in the waitlist for that class. You will be notified by text and/or e-mail/push notification if you have been added to the class. If you are signed up for class and are not in attendance 5 minutes prior to the start of class, your class place may be given away to someone on the waitlist.

No Show

An appointment or class no show will be considered a late cancellation and the same fee applied.

 

Late Arrivals

Late arrivals can only be accepted for appointments only. Late arrivals for classes will not be accepted.

Late appointment arrivals can be extended to the remaining time of the scheduled appointment. If you are more than 15 minutes late past your appointment you will have to reschedule/cancel the appointment, which may incur cancellation fee.

Membership Suspension

Members may at any time, on giving 14 days notice, request a Membership Suspension, in which case the Membership Fee will reduce to the Membership Suspension Fee.

Members may not cancel their membership at any time during a Membership Suspension.

The exact amount of time for suspensions must be provided at least 14 days prior to commencement the membership suspension.

You are required to provide a start and end date for your suspension before it will be actioned.

Suspensions cannot be backdated.

Suspension must be a minimum of 7 days

Suspension must be a maximum of 12 weeks

Suspensions are charged at a rate of $5 per week

Approved suspension periods requested by you or due to our closure, DO NOT count towards minimum term membership periods or fees.

Extended suspension: In the case of exceptional medical, travel or hardship circumstances, an extended suspension may be granted upon providing us with proof (such as supporting documents) to our reasonable satisfaction. We will not charge you for this extended suspension.

All membership suspension requests are to be submitted via our members web portal here:

https://www.revolutionpersonaltraining.com.au/members/

Membership Variation

Membership variations can be made at anytime with 14 days notice for pay as you go memberships.

Membership Upgrade

Fixed term memberships can be upgraded at anytime with 14 days notice.

Membership Downgrade

Fixed term membership downgrades will be viewed as a membership cancellation and set up of a new membership

If you wish to downgrade your membership type, you will be required to complete a new membership agreement.

Membership Transfer

You may transfer your membership to a third party (as sourced by you) provided that an Administration Fee of $150 is paid.

You must notify RevoPT in writing of any intention to transfer your Membership to a third party and arrange for the third party to enter into a new membership agreement with the RevoPT.

You can transfer your full price membership to another person (transferee) within the minimum term of your agreement so long as the transferee is not a current member, or has not been a member in the last 3 months. You cannot transfer a corporate, discounted, foundation or family or friends memberships.

The transfer is effective only after the transferee has completed the sign-up process. We do not allow transfers once you have completed your minimum term. We do not allow transfers to individuals who have previously been banned by RevoPT or failed to pay membership fees.

If you are unable to use your Membership

If you become unable to use your membership by reason of temporary physical/medical incapacity and provide a medical certificate from a qualified medical practitioner, you will be entitled to either suspend your Membership for a minimum period of one (1) week up to a maximum period of fifty two (52) weeks. However, you may not suspend your Membership for a longer period than set out in the medical certificate. Your Membership will automatically recommence after the date you have specified in your written request to suspend your Membership.

Changes to services/timetables and opening hours

On occasion changes may be essential at sort notice. We will do our best to notify you of any changes in a timely manner via the most relevant means of communication we see fit. This may include changes to our services, classes, personnel, opening hours or timetable.

Changes to this Agreement

RevoPT may sometimes add to, change or remove our terms and conditions in this Agreement. This includes changing the opening and closing hours, the RevoPT services and facilities and membership fees. Sometimes, RevoPT may also close or partially close for refurbishment to improve the facilities. If this substantially reduces our ability to provide our service to you, RevoPT will reduce your membership fees accordingly on a pro-rata basis.

Any such changes will be notified to you through RevoPT’s website or through notices in the studio and/or by emailing you at your last known address.

RevoPT 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.

If we suspend a club’s operations or services, temporarily or permanently, we may send you a written notice offering you either a:

  • transfer to another studio, if available
  • complimentary membership suspension

If any part of these Terms (including any provision, part, paragraph, phrase or word) is illegal, invalid or unenforceable it will be read down so far as necessary to give it a valid and enforceable operation or, if that is not possible, it will be severed from these Terms, but the remaining provisions will remain in full force and effect.

In these Terms, unless the contrary intention appears:

  1. a person includes a corporation, unincorporated association, partnership, joint venture or public, statutory or governmental association or agency;
  2. a statute or regulation includes an amendment, replacement or re-enactment of that statute or regulation;
  3. a reference to dollars is to Australian Dollars;
  4. the word “including” and similar expressions are not words of limitation;
  5. a reference to conduct includes any omission and any statement or undertaking, whether or not in writing; and
  6. where an act is to be performed on a day that is not a Business Day, the act will be required to be performed on the following Business Day.

Any notice in connection with these Terms will be deemed to have been duly given when made in writing and delivered or sent by, post or email to the party to whom such notice is intended to be given, at the address or email address of that party in the Application Form or to such other address or email address as may from time to time be notified in writing to the other party.

These Terms contain the entire agreement of the parties with respect to its subject matter and may only be amended in writing.

These Terms do not create a relationship of agency, partnership, joint venture or employment between the parties. Neither party has any authority to act for or incur any liability or obligation on behalf of the other party in any manner.

The most up-to-date terms and conditions always apply and can be found here on our website:

https://www.revolutionpersonaltraining.com.au/terms-conditions/

Forced closures

It is possible that from time to time we may be required to close temporarily to comply with government restrictions or directions. In those circumstances:

If we are required to temporarily close due to government restrictions or directions, we will email all members as soon as we are notified. It is therefore crucial that you keep your email address on file current at all times.

In this instance we will offer these scenarios for you to select:

Continue to contribute to your membership and access your training services online virtually

Downgrade your membership to an online only offering

Suspend your membership entirely until we are cleared to reopen.

Payments in full: If you have paid in full for your membership period and we are required to temporarily close due to government restrictions or directions, your membership can be transferred to an online only offering or you membership date can be extended for the period that we were closed.

Contract Period: If we close due to government restrictions or directions, your membership end date will extend. For example, if you had 4 fortnightly payments remaining when we temporarily closed, you will still have 4 fortnightly payments to make when we reopen before your contract ends.

We always do our best to address any changes as soon as possible however processing of any membership changes over closure periods may be delayed until after the Closure Period has ended.

Public Holidays

We are closed on public holidays. We do not reduce your membership fees because your studio is closed or services altered a public holiday.

We may elect to open at our discretion on various occasions but this is done on a case by case basis.

Website Terms and Conditions

To help us provide a professional, motivating and enjoyable experience for you and all our members, please read through the terms and conditions of utilising our website. By accessing the website you are agreeing to these terms and conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, please do not access this site. The materials contained in this website are protected by applicable copyright and trademark law.

Disclaimer The materials on RevoPT’s website are provided on an ‘as is’ basis. RevoPT makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, RevoPT does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

Limitations In no event shall RevoPT or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on RevoPT’s website, even if RevoPT or a RevoPT authorised representative has been notified orally or in writing of the possibility of such damage.  Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Accuracy The materials appearing on the RevoPT website could include technical, typographical or photographic errors. RevoPT does not warrant that any of the materials on its website are complete, current or accurate. RevoPT may make changes to the materials contained on its website at any time without notice.

Modifications RevoPT may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

Links RevoPT has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by RevoPT of the site. Use of any linked website is at the individuals own risk.

Governing Law RevoPT’s terms and conditions are governed in accordance with the laws of Victoria, Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

Refund Policy

To the extent permitted by law, Members acknowledge and agree that Membership, Packs and Package Fees are non-refundable, including for the avoidance of doubt, instances of non-usage by the Member.

Cooling off period

All new memberships are subject to a cooling off period of seven (7) days. For the avoidance of doubt, the cooling off period does not apply to any renewals or transfers or introductory offers of memberships and the 7 day period commences from the day you complete your first session with RevoPT.

A request for termination of membership during the cooling off period must be made in writing and issued to RevoPT.

For any membership terminated validly during the cooling off period, RevoPT will refund to You the total of all Membership Fees less any reasonable fees actually incurred by RevoPT and sessions used by You during the cooling off period on a pro-rata basis.

Use of image

In consideration of RevoPT granting You a membership, You:

  1. acknowledge and agree that photographs or audio or video recordings containing the image, voice or likeness (Recordings) of You may be taken, captured or made by RevoPT or any officer, director, employee, agent, subcontractor or volunteer of RevoPT.
  2. give unconditional and irrevocable consent for RevoPT and its Personnel to use the Recordings and any information previously provided by you to RevoPT (including any photographs or other content) (Content) in perpetuity without restriction as to changes or alterations, and to disclose any of your personal information that is contained in any Recording or Content, to any person (including via social media) and via any medium for the purpose of promoting RevoPT or any other purpose RevoPT reasonably requires;
  3. acknowledge and agree that you are not entitled to any remuneration, royalties or any other payment from RevoPT in respect of the use of any Recordings or Content;
  4. acknowledge and agree that as between yourself and RevoPT, RevoPT is the sole legal and beneficial owner of all intellectual property rights in and attaching to any Recordings and consent on an irrevocable, worldwide and perpetual basis, to the infringement of all moral rights you may have in and to any such Recordings; and
  5. acknowledge and agree that RevoPT may assign or transfer the benefit of the consent given under this clause to any person.

F.. In addition to the foregoing, the RevoPT may from time to time take your moving and still imagery during training sessions or classes. You consent to the RevoPT taking your image and you authorise it to use, reproduce, communicate and exploit your photo in all formats, in all media now known or later devised throughout the world in perpetuity for the purpose of promoting and/or issuing publicity relating to the RevoPT including by uploading or distributing your image onto the internet and onto social media such as Twitter, Instagram, Facebook, TikTok and blogs.

Note that you must not use a camera in our clubs without written permission.

Studio Rules

By submitting this form you agree to be bound by the RevoPT Code of Conduct.

You agree to comply with the studio rules for RevoPT, as amended from time to time. 

To ensure RevoPT is able to provide a high level of service in a safe, healthy and pleasant environment, Members acknowledge and agree that failure to comply with the following conditions may result in the restriction, suspension or termination of Members’ membership:

  1. Members must not engage in conduct that is abusive, improper, harmful, threatening, endangers others or is otherwise not in the best interests of staff or other Members;
  2. Members must not access any RevoPT Studio under the influence of drugs, alcohol or any other medications that warn against strenuous or excessive exercise under their influence;
  3. Members must at all times comply with any RevoPT Studio Rules. The RevoPT Studio Rules can be found at the bottom of the Terms and Conditions or on our website
  4. Members must ensure that they are moderately dressed at all times, including clean sport shoes. Clothing must be clean and tidy and free from any offensive prints or designs;
  5. Members must not engage in any illegal activities in any RevoPT Studio;
  6. Members must not engage in any conduct to solicit business from Members or otherwise operate in competition with RevoPT within a RevoPT Studio;
  7. Members are not permitted to smoke in any RevoPT Studio.

You promise to make sure that you know how to exercise safely, by asking if necessary.

You promise to use your best endeavours to exercise safely.

On the day you sign your agreement and each time you use our clubs, you promise us that you are in good physical condition and you know of no medical or other reason why you cannot or should not do active or passive exercise.

Please ensure you wipe down all parts of the equipment that you touched during your session.

Please ensure you bring a towel and drink bottle to each session, if you don’t have either we have some available for purchase.

Please be respectful of others whilst in the studio and coming/going from the studio.

You promise to take care to use the Studio and all exercise equipment safely and properly. If you are not sure how to operate any equipment, please ask our staff before you use it. Note that you will be responsible for any damage that you cause, to person or property, through any wilful act or negligence.

You promise to wear suitable clothes and enclosed sports shoes in any exercise areas. We do not allow clothes with offensive images or inappropriate advertising.

We have the right to refuse you entrance to the studio if you are not properly attired.

Please put equipment away after use.

You must comply with all equipment operating and safety instructions, or any other direction given to You by any staff at RevoPT

You acknowledge and agree that Equipment within RevoPT Studios has been purchased or leased from third parties and RevoPT does not manufacture any of the Equipment. RevoPT may not be held liable in respect of any defective or faulty Equipment, except to the extent that such defect or fault was caused by the negligent act of RevoPT.

You are responsible for using our facilities and equipment correctly, including adjusting levels, weights or settings. If you are not sure how to operate any equipment, please ask our staff before you use it.

Note that you will be responsible for any damage that you or your guests cause through a wilful act or negligence.

For your health and safety and the health and safety of other Members, you must ensure that you comply with any direction given to you by an Instructor or any other staff member.

You agree to pay for any loss or damage to the Studio and its equipment caused by you through a wilful, wrongful or negligent act or as a result of your breach of this Agreement.

If you believe any club activities might risk your health you must stop them immediately and inform us immediately. Following this you must tell us this in writing with full details.

You must tell us if your medical condition changes after you join.

We may choose to refuse your membership agreement until:

  • your doctor agrees in writing that you are fit to exercise
  • you show us proof that you have received medical advice on an appropriate exercise program.

The latest version of our RevoPT rules is available on our website here:

https://www.revolutionpersonaltraining.com.au/terms-conditions/

What happens if you break the studio rules?

If you break any of the Studio Rules we will respond in a way we consider fair and appropriate. For example, in less serious cases, we may give you a warning but in serious cases or where you have repeatedly broken Studio Rules we may suspend or cancel your Membership. If your breach causes us or another person costs, loss or damages, you agree to pay for these.

We can refuse entry to anyone, including members, if they act unreasonably or breach these Terms and Conditions. We may also warn you that you risk having your membership cancelled. If you continue to behave in the same way, we may terminate your membership immediately. We can cancel your membership without warning if you behave in a way that is risky or seriously inappropriate, such as threatening or harassing others, damaging equipment, using illegal or performance-enhancing drugs and instructing other members when we have not authorised you to do so.

Seeking Expert Advice

Our staff and contractors are not medically trained. They are not qualified to assess if you are in good physical condition and can exercise without risking your health, safety or comfort. If you have any doubts, we strongly urge you to seek expert advice before starting an exercise program.

Physical Condition

To the best of Your knowledge and belief, You represent and warrant to RevoPT, You are not aware of any condition/impairment that may be affected or aggravated or otherwise prevent You from engaging in any physical activity and that You are sufficiently physically fit to participate without risk to Your health. You acknowledge that it is Your responsibility to seek Your own medical advice in relation to Your participation and You are wholly responsible for acting on all medical advice and for taking all such precautions as may be necessary in relation to any conditions or impairments that You may have at the time of Your participation.

If You are injured or become ill whilst participating, You consent to the administration of first aid and/or medical treatment by RevoPT unless You have notified RevoPT in advance in writing that You do not wish to be given any first aid or medical treatment. You agree that You are responsible for the payment or reimbursement of any medical costs incurred by or on behalf of RevoPT in respect of any first aid or medical treatment rendered that You are responsible for arranging and paying for any personal medical insurance You might require to cover all or part of those costs.

You agree that whilst RevoPT will take all reasonable steps to ensure Your safe participation, You assume all of the risks associated with Your participation.

To register for an account with RevoPT You are required to complete a questionnaire regarding your health and fitness. It is your responsibility to complete this questionnaire truthfully.

You must notify RevoPT of any change in your health and fitness so that your training regime can be appropriately modified.

Any advice and/or recommendation by a RevoPT Fitness Instructor / Trainer / 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.

You must not use any RevoPT 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.

If you are recovering from injury or illness agree that you have had medical clearance to recommence training and you must notify the instructor prior to any class or appointment start time so that any required adjustments to your training can be made.

Pregnancy

All pregnant clients must have clearance from their doctor, in writing, prior to attendance.

Members must notify RevoPT by completing a Pregnancy Authorisation to Exercise form and a Pregnancy Acknowledgement form before continuing to use the facilities.

Property

You promise not to unnecessarily bring valuables into a Studio and agree that it is not the obligation of the Studio to look after unattended property. Unfortunately, thefts do happen. We cannot accept responsibility for any loss or damage to your belongings at the studio.

We give lost property to charity at the end of each month, including unclaimed items from lockers.

Outdoor Training

You agree that whilst RevoPT will take all reasonable steps to ensure your safe participation, you assume all of the risks associated with your participation in an outdoor or mobile training environment.

Assignment

RevoPT may at any time in its reasonable discretion assign this Agreement to any party as contemplated by this Agreement.

Third Party Services

Contractors, tenants and franchisees at times provide additional services in our facilities. You will need to pay service fees directly to them and we are not responsible for those fees or for any other costs, refunds or product malfunction associated with the goods and services they provide.

RevoPT may offer or procure services such as personal training, nutrition consultation and/or massage services from third party service providers (Third Party Service Provider). Any claim you may have as a result of an act or failure to act by a Third Party Service Provider will be brought against, and will be the responsibility of that Third Party Service Provider.

You hereby release, indemnify and keep indemnified RevoPT for any claim by you as a result of an act or omission by a Third Party Service Provider. You must notify RevoPT immediately if you have a claim against a Third Party Service Provider. RevoPT will at all times assist, where possible, to resolve any conflict or issues with a Third Party Service Provider.

CCTV Surveillance

For safety purposes, You acknowledge and agree that closed circuit television may be installed within appropriate areas in each RevoPT Studio. You consent to being filmed for these purposes and understand that RevoPT will only use any images or recordings in accordance with its Privacy Policy.

GST

All costs include GST.

Covid-19 Response

Additional Terms and Conditions of Access – Covid-19 response

Member safety is of the utmost importance to us here at RevoPT, we have introduced additional safety measures as needed to manage the risk of Covid-19 and ensure that you can continue to enjoy training at RevoPT. These measures will be ever evolving as the public response does. We will endeavour to notify you in writing about any changes.

COVID 19 Waiver

You acknowledge the contagious nature of the Coronavirus/COVID-19.

You further acknowledge that RevoPT has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19.

You further acknowledge that REVOPT cannot guarantee that I will not become infected with the Coronavirus/Covid-19 whilst I am at a RevoPT studio. I understand that there is a risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 whilst I am training as a result of the actions, omissions, or negligence of myself and others, including, but not limited to, RevoPT staff, and other members/patrons and their families.

You agree to strictly comply with all RevoPT policies, procedures and directions to reduce the risk of infection and/or transmission while attending a RevoPT studio.

You declare that:

* You am not experiencing any symptom of illness such as a cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.

* You have not travelled internationally, or returned to Australia from overseas, within the last 14 days.

* You do not believe you have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19, or who has travelled internationally, or returned to Australia from overseas, within the last 14 days.

* You have not been diagnosed with Coronavirus/Covid-19 and not yet cleared as non-contagious by health authorities.

* You are following all recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19.

You hereby release RevoPT its officers and employees from all liability, causes of action, claims, demands, damages, costs, expenses and compensation for injury arising out of any contraction by me of Coronavirus/COVID-19, or any other virus, whilst attending a RevoPT studio.

Communication

Our team members are always happy to help. For effective and prompt response in relation to any membership or class booking queries please refrain from contacting trainers personally, outside of class hours or via social media at any time.

Electronic Communications

In addition to delivery in person, the parties agree to communicate via email or other electronic communication. RevoPT accepts no liability for any direct, indirect, special, consequential or other losses or damages of whatsoever kind arising out of any electronic transmission, access to, or the use of the website or any information contained therein (including for the avoidance of doubt, any viruses, malicious computer code or other forms of interference which may damage Your computer system). You agree to take Your own precautions to ensure that submitting and receiving electronic communications does not expose You to risk and contains appropriate protection to prevent damage to Your computer system caused by viruses, malicious computer codes or other forms of interference.

– You consent to RevoPT sending you 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.

– To send you marketing communications and offer other materials that we believe may be of interest to you, such as to send you studio newsletters or other direct communications

– For reporting, trending, statistics, and to improve our products and services

– To better understand you and our other users, so that we can tune and personalise our offering

– To accomplish our business purposes; for audits, to verify that our internal function is as intended and compliant with legal, regulatory or contractual requirements; for responding to legal duties, such as requests from public and government authorities.

Privacy Policy

RevoPT may collect and use Members’ personal information for the following purposes including without limitation:

  1. to process and administer Your dealings as a Member;
  2. to provide You with the Equipment and assisting You with further relevant information; and
  3. to administer the transactions contemplated by this Agreement, including but not limited to processing any direct debit requirements with any third party payment provider.

RevoPT will generally:

  1. use personal information provided to it for the purposes relating to these Terms;
  2. use personal information collected by it in accordance with the Privacy Act 1988 (Cth) (the “Privacy Act”) and otherwise in accordance with its Privacy Policy; and
  3. not sell, trade, give or pass on to any third party any personal information unless such a disclosure is contemplated by and directly related to the purpose outlined by these Terms, or the Member consents to such a disclosure or such disclosure is required by law.

You can access RevoPT’s privacy policy at https://www.revolutionpersonaltraining.com.au/privacy-policy/

Website Privacy Policy

What personal data we collect and why we collect it

Comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymised string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Contact forms

Cookies

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Analytics

Who we share your data with

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognise and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What rights you have over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Where we send your data

Visitor comments may be checked through an automated spam detection service.

Your contact information

Additional information

How we protect your data

What data breach procedures we have in place

What third parties we receive data from

What automated decision making and/or profiling we do with user data

Industry regulatory disclosure requirements

Liability Release

RevoPT acknowledges that the Australian Consumer Law contains certain guarantees for the supply of goods or services that cannot be excluded, restricted or modified by this Agreement. Nothing in this Agreement is intended to exclude or restrict the application of such laws.

To the extent permitted by the law, You hereby release and hold harmless RevoPT and their staff from any expenses, costs, liabilities, claims, actions, proceedings, demands, damages, judgments and losses of any kind whatsoever (including consequential and economic losses, property loss/damage and damages for injury, including personal injury and death) (Losses) incurred or suffered by You and which arise out of, are caused by, are attributable to or result from Your participation in any activity in any RevoPT Studio.

To the extent permitted by the law, You indemnify RevoPT and their staff against any Losses incurred or suffered by any of them which arise out of, are caused by, are attributable to or result from any breach of this Agreement, breach of any warranty or any wrongful or negligent act or omission by You.

The release and indemnity contemplated in this clause does not apply where any Losses are caused by the gross negligence of RevoPT.

You agree to abide by the rules of RevoPT. You are responsible for any damage to the equipment which you may cause due to negligence.

You also agree to complete our Pre-Exercise Questionnaire. In some cases, responses you give will require that you get medical guidance before exercising. You acknowledge that pre-exercise or other screening is no substitute for medical advice and does not guarantee against injury or death.

You promise that information you give us will be true and accurate and not misleading in any way.

Our staff and contractors are not qualified to assess if you are in good and proper physical condition to participate in our sessions without risk to your health, safety or comfort. If you have any doubts we recommend you seek expert advice from a qualified health practitioner before undertaking any exercise program.

You understand that RevoPT strongly recommends that you consult with a qualified health practitioner prior to commencing any classes or appointments

I HEREBY WAIVE AND RELEASE, indemnify, hold harmless and forever discharge RevoPT, and its agents, employees, officers, directors, affiliates, successors and assigns, coaches, teachers and trustees of and from any and all claims, demands, debts, contracts, expenses, cause of action, lawsuits, damages, and liabilities, of every kind of nature, whether known or unknown, in law or equity, that I ever had or may have, arising from or in any way related to my participation in any of the events or activities conducted by, on the premises, of, or for the benefit of, RevoPT, provided that this waive of liability does not apply to any acts of gross negligence, or intentional, wilful or wanton misconduct.

I understand that the activities, in which I will participate, are inherently dangerous and may cause serious or grievous injuries, including bodily injury, damage to personal property and/or death. On behalf of myself, my heirs, assigns, administrators, executors and next of kin, I waive all claims of damage, injuries and death sustained to me or my property, that I may have against the aforementioned release party to such activities, including claims in tort, contract, equity or otherwise.

I acknowledge, agree and represent that I understand the nature of RevoPT, I AM IN GOOD HEALTH and in PROPER PHYSICAL CONDITION to participate in such activities. I further agree and warrant that if at any time I believe conditions to be unsafe, I will IMMEDIATELY DISCONTINUE further participation in the activity

By this Waiver, I assume any risk, and take full responsibility and waive and of personal injury; death, damage, or loss of personal property, associated with RevoPT, including but not limited to using the facility and its equipment in any manner, form or fashion, and participating and/or engaging in any aerobic activity, taking aerobics classes or other cardiovascular activity classes at the facility, or action sport activities, and/or engaging in weight lifting activities, massage, event or other related activities on and off the premises.

This WAIVER AND RELEASE contain the entire agreement between parties, and supersedes any prior written or oral agreements between them concerning the subject matter of this WAIVER AND RELEASE. The provisions of this WAIVER AND RELEASE may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties.

The provision of this WAIVER AND RELEASE will continue in full force and effect even after the termination of the activities conducted by, on the premises of, or for the benefit of RevoPT, whether by agreement, by operation of law, or otherwise.

I have read, understood and fully agree to the term of this WAIVER AND RELEASE. I understand and confirm that by signing this WAIVER AND RELEASE I have given up considerable future legal rights.

By signing this document you will waive certain legal rights, including the right to sue.

You are advised that athletic activity and training are DANGEROUS RECREATIONAL ACTIVITIES with OBVIOUS RISKS as defined by the Civil Liability Amendment (Personal Responsibility) Act.

YOU ARE PARTICIPATING AT YOUR OWN RISK.

Questions

Our business firmly believes that a good client and business relationship is based upon mutual understanding.

Any questions about anything found here should be directed to us at:

Email – hq@revopt.com.au

Text – 0488 849 367

Phone – 1300 362 311 and we will get back to you as soon as we can.

Kind Regards,

RevoPT Management