Effective Date: 1 July 2025
TERMS & CONDITIONS OF PARTICIPATION
Payment Terms:
- Unlimited Peak membership options are available only as a weekly direct debit in order to minimise administration costs and ensure membership fees are kept as low as possible. Direct debit is provided through Stripe on the terms and conditions of their direct debit request service agreement. A 1% credit card fee applies to all direct debit transactions. To avoid this fee, you may set up direct debit from a bank account by emailing martin@peakhealth.com.au
- Please note that if a direct debit payment from a bank account is declined, a failed transaction fee of $12.50 will apply.
Personal Training Session Cancellation Policy
Notice Period: Clients must provide at least 12 hours’ notice to cancel or reschedule a personal training session.Late Cancellations: Cancellations made within 12 hours of the scheduled session will incur a $50 fee, which will be automatically charged to the card on file.No-Shows: Any missed sessions due to a no-show will result in full payment for the scheduled session or loss of 1x appointment credit from a multi-pass, if applicable.Exceptional Circumstances: Exceptions may be made in cases of medical emergencies or other extenuating circumstances at Peak Gymnastics’ discretion.
Coach Cancellations:
If a coach needs to cancel or reschedule a session, clients will be offered a rescheduled time or a full refund for that session.
Membership Cancellation / Pauses:
You may pause or cancel your membership at any time by providing at least 7 days’ written notice to Martin@peakgymnastics.com.au
- The pause or cancellation will come into effect on the date nominated in your written notice. Any membership requests made with less than 7 days’ notice will incur a $25 administration fee. Peak Gymnastics reserves the right to waive the administration fee in the event of extenuating circumstances, such as injury or medical condition which prevents you from utilising your membership. If you require a pause or cancellation due to an extenuating circumstance, please advise us of this at the time of providing written notice.
Public Holidays:
Peak Gymnastics reserves the right to close on public holidays. Our overall pricing is set with this in mind and you will not be refunded for closure on public holidays.
WAIVER AND RELEASE
Peak Gymnastics Pty Ltd ABN 68 635 255 542 (“the Provider”) offers you or your child or ward (as the case may be) (“the Participant”) training services conditional upon this waiver and release. By signing this waiver and release you acknowledge that you have read, understand and agree to the terms contained in this waiver and release.
Risk and Acknowledgement
Participation in Peak Classes, Small Group Training or 1:1 Personal Training includes, but is not limited to, gymnastics, tumbling, trampolining, movement education, dance and weight training (“Classes”), and involves risks of personal injury or death, including, but not limited to:a. musculoskeletal injury; b. cardiovascular episodes; c. neurological dysfunction; and/or. death.Before participating in the Classes, you as the Participant (or in the case of a Participant under the age of 18 years, as the Participant’s parent or legal guardian) must ensure you are aware of and fully understand the above risks involved in the Classes. By signing this document, you acknowledge, agree and understand:a. that participation in the Classes will involve risk of personal injury or death; and b. that the Participant engages or participates in the Classes voluntarily and at their own risk.
Waiver and Indemnity
4. You agree to abide by the rules of the Provider and to strictly obey instructions and observe all safety rules as directed by the Provider or its agents, employees, officers, directors, affiliates, successors and assigns, coaches, teachers and trustees from time to time.
5. You hereby waive and release, indemnify, hold harmless and forever discharge the Provider, 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 you ever had or may have, arising from or in any way related to the Participant’s participation in the Classes or any of the events or activities conducted by, on the premises, of, or for the benefit of, the Provider, provided that this waiver of liability does not apply to any acts of gross negligence, or intentional or wilful misconduct.
6. You understand that the activities in which the Participant will participate or engage in are inherently dangerous and may cause serious or grievous injuries, including bodily injury, damage to personal property and/or death. On behalf of the Participant, their heirs, assigns, administrators, executors and next of kin, you hereby waive all claims of damage, injuries and death sustained to the Participant’s person or property, that you may have against the Provider, including claims in tort, contract, equity or otherwise.
7. You understand and acknowledge that in order to pursue insurance following an injury resulting from participation in the Classes, the Participant must be registered as a Gymnastics Australian Technical Member prior to the incident. Registration as a Gymnastics Australian Technical Member is available online via the Provider’s website.
8. You acknowledge, represent and warrant to the Provider that:
a. you understand the nature of the Classes and other services offered by the Provider;
b. the Participant is in good health and proper physical condition to participate or engage in the Classes and other services offered by the Provider;
c. the Participant does not suffer from an undisclosed disability or unmanaged condition which would or might prevent or limit the Participant’s participation in the Classes; and
d. if at any time you believe conditions to be unsafe or if the Participant is not in good health or proper physical condition, you will immediately discontinue further participation or engagement in the Classes and other services offered by the provider.
9. By this waiver, you assume, on behalf of the Participant, any and all risk of personal injury, death, damage or loss of personal property associated with the Provider, including but not limited to, use of the Provider’s facility and its equipment in any manner, form or nature, and participating 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 weightlifting activities, massage, other related activities on and/or off the premises of the Provider.
10. The provisions of this waiver and release may only be waived, altered, amended or repealed, in whole or in part, by the prior written consent of the Provider.
11. The provision of this waiver and release will continue in full force and effect after the termination of any relationship between the Provider and the Participant or the termination of the activities conducted by, on the premises of, or for the benefit of the Provider, whether by agreement, by operation of law, or otherwise.
Other Conditions of Participation
12. The Participant agrees that any pictures, audio, or visual recordings taken of him/her in connection with the class can be used for publication, promotion, articles, shows and advertisement without additional consent and without compensation at this time or any other time.
Understanding of Document
13. By signing this waiver and release, you acknowledge that:
You are the Participant / the Participant’s parent or legal guardian;You are over the age of 18 years;You have had sufficient time to read and understand this document and to seek legal advice if required;You are of sound mind and decision-making capacity at the time of signing this document; andYou have voluntarily agreed to be bound by the provisions of this document.
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
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 are excluded, restricted or modified in the way set out in this form, if you are killed or injured because the services provided were not in accordance with the statutory guarantees outlined below.
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 exclusion of these statutory guarantees is brought to your attention by 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.