Terms and Conditions
Turbo Studio (ABN: 877 855 91606) Corner Darley Road and Hooper Lane Randwick Sydney NSW 2031 may be referred to as TURBO STUDIO, all meaning the same company. When this document make reference to the words “we”, “our” or “us” it means TURBO STUDIO.
About These Terms And Conditions
In these Terms and Conditions "we" and "us" mean TURBO STUDIO (ABN: 877 855 91606) and "you" means you the customer.
These Terms and Conditions together with your attendance as well as any written material (email, marketing material, forms, polices, procedures, manuals, reports, etc) published by TURBO STUDIO constitute the entire Agreement between us and you for the supply of Products & Services. No other Terms and Conditions will apply, except for Policies disclosed on our websites as well as any written material (email, marketing material, forms, polices, procedures, manuals, reports etc) published by TURBO STUDIO.
The Agreement cannot be varied unless we agree to vary it in writing or by email.
All written correspondence and communication on our website as well as any written material (email, marketing material, forms, polices, procedures, manuals, reports etc) published by TURBO STUDIO shall be deemed "without prejudice", and hence not made reference to in any court of law.
Legal Capacity To Transact
If you are under the age eighteen (18) years we cannot accept your membership with TURBO STUDIO unless we receive parental/guardian written authority. By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years.
Should TURBO STUDIO suffer any damage or other losses as a result of a transaction entered into by a minor TURBO STUDIO reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with TURBO STUDIO.
Obligation, Responsibility Commitment and Risks
A binding agreement shall commence between you the client and TURBO STUDIO by accepting these terms. Your binding agreement shall be administered by the laws of New South Wales, Australia, and the parties surrender to the unrestricted and non-exclusive jurisdiction of the courts of New South Wales in relation to any dispute arising under these Terms and Conditions. Your choice in becoming a client will therefore legally bind you by these Terms and Conditions as altered from time to time.
These Terms and Conditions will apply to all Client transactions, whether before or after these Terms and Conditions become binding. Any information provided in our written material and website are incorporated into this agreement by reference. It is important that you understand that you are liable for informing yourself of the terms. By agreeing to all the points mentioned in this document, you are deemed to have accepted and understood as binding on you all terms and any accompanying placing your order and joining us as a Member.
You may accept our service by filling in the required details in any of the TURBO STUDIO documents or application forms provided.
TURBO STUDIO and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Products and/or Services and their pricing may be amended, adjusted or removed from time to time. TURBO STUDIO reserves the right to make these changes or variations to the availability and pricing of Products and/or Service based on market conditions demand and/or based on business arrangements with our Suppliers and/or Providers.
While TURBO STUDIO will do its best in effectively managing any amendments and variations to pricing and availability, by ordering any Products and/or Services you do so with the understanding and acknowledgment to not make any and all legal or financial claims against TURBO STUDIO based on losses affecting your profits, commissions and revenue, that you may suffer in respect of such matters.
We will confirm acceptance of your membership when we send you an email confirming the services you have chosen. If we cannot process or accept your request after payment is received we will contact you by email or telephone.
Payment Methods And Processing
TURBO STUDIO currently accepts a range of payment methods, which can be viewed within our booking process or on the Sessions Page of our website. Payment processing will not begin until we receive all the information we need. Booking online requires a credit card (Visa, Mastercard) through our Mindbody online facility which will incur a 2.54% surcharge.
If you agree to direct debit processing, payments will continue to be processed unless otherwise indicated on your application form.
In the event that a direct debit payment has been processed or an account has been created and you chose to opt out of your agreement, you agree to pay any processing fees and charges.
We reserve the right to have your payments processed by a third party such as PayPal and such a service may result in processing costs that may be passed on to you.
All sessions must be utilised within their plan period. Unused sessions expire at the end of their plan period and will not be rolled into the following month. Please refer to our cancellation policy and rescheduling session section for further details.
Six month membership plans apply to Thursday nights only. This offer is restricted to Thursday nights and no rescheduled sessions are available. Inability to attend is the decision of the client and no make up will be offered in this event.
All other membership plans are governed by our standard cancellation policy and rescheduling sessions clause.
UNLIMITED Membership PlanS
The Big Unlimited Membership Plan requires a minimum sign up duration of six months with payment processed in advance on a twenty eight (28) day cycle by direct debit or credit card. Credit card incurs a 2.54% surcharge. Alternatively contact our office to arrange purchase and monthly charges through Direct Debit. Netbank transfer is not accepted for this plan. You may 'suspend' the plan once during the six months for a maximum period of two weeks without charge upon written request after which time the plan will automatically resume.
All sessions must be booked through the online booking system. Any changes including cancellations must be made through the online booking system. Bookings can be made inside the full plan cycle. Should a credit card be declined the plan will be suspended and no bookings will be permitted until payment has been arranged.
Unlimited Plans allow for unlimited sessions in all advertised Power group sessions including Sunday when open (wet weather only). Private bookings not permittted on Unlimited nor can the plan be used for Course Rides or Performance Tests). To double book sessions (one session immediately after the first in order to train longer) is dependent on availability for the second nominated session. Notice of non-attendance for a session that has been booked must be made through the online booking system outside of 24 hours prior to attendance. Notice inside of the 24 hour period and/or no shows will incur a penalty of:
Twelve month plan - four days being deducted from the overall plan. The deduction will apply automatically and without further notice.
Six month plan - three days being deducted from the overall plan. The deduction will apply automatically and without further notice.
Three month plan - two days being deducted from the overall plan. The deduction will apply automatically and without further notice.
One month plan - one day being deducted from the overall plan. The deduction will apply automatically and without further notice.
One plan must be purchased for each client, plan cannot be shared or a session transferred to friend/family to prevent a no show.
Cancellation of Unlimited Plans: All Unlimited Plans are under contract and should be entered into with the understanding that it is to be completed in it's entirety. Should a member request an opt out, sessions to date will be counted and a revised total cost to date will be based upon the casual rate of $50 per session and the difference charged to the credit card on file.
Multisession Plans provide single unit sessions applicable to the plan description and expiration time. For example, a twenty five session plan offers twenty five sessions to be used in any advertised group session (no private appointments) and expires in twenty five weeks. No extension of time will be granted to allow for use of unused sessions to date. Payment is by credit card or cash with credit card incurring a 2.54% surcharge. Netbank transfer is not accepted.
All Multisession Plans are for use in all advertised Power group sessions including Sunday when open (wet weather only). Private bookings not permittted with Multisession Plans nor can the plan be used for Course Rides or Performance Tests. Notice of non-attendance for a session that has been booked must be made through the online booking system outside of 12 hours prior to attendance. Notice inside of the 24 hour period and/or no shows will incur a penalty of the session being deducted from the overall plan. The deduction will apply automatically and without further notice.
Cancellation of Multisession Plans: Multisession Plans are sold on a non-refundable basis. No suspension period is permitted.
BIG DAY OUT
Big Day Out bookings are valid for one event day only and are not transferrable. Cancellation within two weeks of the scheduled event date will forfeit 100% of your booking fee.
"Coupons, Gift Cards, Vouchers or Discounts"
TURBO STUDIO in its absolute discretion may from time to time provide Coupons, Gift Cards, Vouchers or Discounts to existing and/or new customers. Coupons, Gift Cards, Vouchers or Discounts can only be used towards the payment of Products and/or Services provided. Coupons, Gift Cards, Vouchers or Discounts can only be used in accordance with the Terms and Conditions under which they are issued. Any Terms and Conditions governing the use of a provide Coupon, Gift Card, Voucher or Discount will accompany that Coupon, Gift Card, Voucher or Discount.
TURBO STUDIO will determine the content of Terms and Conditions governing Coupons, Gift Cards, Vouchers or Discounts in its absolute discretion. Redemption of Coupons, Gift Cards, Vouchers or Discounts Cards will be valued for use and activation for no more than the specified time stated in the governing Terms and Conditions, unless indicated otherwise.
TURBO STUDIO purchases include GST unless otherwise stated on a Product listing.
TURBO STUDIO always seeks to list Products and/re Services with the most competitive prices. TURBO STUDIO reserves the right to change prices for Products and/re Services displayed at TURBO STUDIO at any time.
Conditions regarding future new special offers, trials, new client promotions.
You agree that by becoming a client of TURBO STUDIO you are not entitled to any new client special offers, trials or new client promotions (ie. introductory session). You also agree that if you no longer remain a client of TURBO STUDIO you are not entitled to any new special offers, trials or new client promotions upon your return.
Your Rights To Refund A Product/Service
No refunds, credit or replacements are offered if you have changed your mind about the product/service, make an incorrect choice, or failed to verify and accurately provide information when placing an Order.
Membership Plan Suspension Fee
Should serious sickness (confirmed by a medical professional) lead to an inability to attend and complete your Membership Plan, a ‘Plan Suspension Fee’ will be charged with a limited extension period permitted in order to complete the plan. The Suspension Fee is 50% of the original Plan Fee with a maximum extension period of four weeks.
You agree that all sessions either as part of your membership or additional services are to be pre-booked and approved by an authorised person of the TURBO STUDIO.
Confirmation of all session bookings will be confirmed through our online Booking System with a confirmation sent to you by email and no services or sessions that are not confirmed by you in writing will be offered or guaranteed.
With respect to all membership plans, you agree that pro-rata refunds will not be offered with this service. You agree that you will be obliged to make payment of your full membership plan at the time of booking within it's plan period.
All sessions must be utilised within their plan period. Cancelled sessions may, at the discretion of TURBO STUDIO be rescheduled within their plan period (with the exception of six month Thursday night Membership Plans). Failure to cancel a session within the specified time shall render that session as used and no replacement session will be offered.
RESCHEDULING AN ALLOCATED REGULAR BOOKED SESSION:
You agree and acknowledge giving TURBO STUDIO a notice period of twenty four (24) hours if you are unable to attend your pre-booked session. You agree that if a notice period of 24 hours is not given to TURBO STUDIO you will be required to pay still pay for each booked session you did not attend and your session will be forfeited without the option for a replacement make up session.
CANCELLATION OF YOUR SWAPPED OR ONE OFF ALLOCATED BOOKED SESSIONS
You are not entitled to cancel a previously swapped session, one off changed session or a one on one session.
Changes To Your Allocated Regular Allocated Session Schedule
While TURBO STUDIO will endeavour to maintain stability with your allocated regular sessions schedule, these are by no means permanent. There may be times that you may be reallocated a new regular session schedule at anytime with notice. We will do our best to offer you the flexibility to change your allocated regular sessions schedule in order to fit in with your life changes. Any changes you request are not guaranteed and will be dependent upon TURBO STUDIO availability. You can change your regular sessions schedule by giving TURBO STUDIO a notice period of forty eight (48) hours from when you are ready to make change.
Public Holiday Policy
There may be times when your Allocated Booked Session is scheduled on a Public Holiday. We reserved the right to choose to open or close TURBO STUDIO on public holidays. We will endeavour to give you prior notice of the arrangement. If your booked session falls on a public holiday, and the we have advised you that TURBO STUDIO is open for normal service trading, then you are required to attend or provide in writing at least five (5) days notice of your intention to swap. Failure to notify us prior to five days from the public holiday will result in forfeiting that session and you will not be entitled to a replacement or make up session.
If your booked session falls on a public holiday, and the we have advised you that TURBO STUDIO will be closed, then you are required to either accept a one off swap to a pre-agreed and pre-approved session change or choose to forfeit that session where you will not be entitled to a replacement make up session.
Your Membership Selection
You agree and acknowledge that you can upgrade your regular membership selection by giving TURBO STUDIO a notice period of thirty six (36) hours from when you are ready to make a change.
Clients are expected to begin working out at the start time of the scheduled appointment or session. A late start time does not entitle a client to a session longer than the scheduled appointment. Please try to arrive five minutes before session time so that you can stow your belongings, fill your water bottle and prepare yourself for your session. You understand that all sessions will commence and finish on the scheduled time and if you are late, the session MUST finish on time.
All payments are to be made in full unless otherwise agreed. When purchasing any Product and/or Service, the total amount of that Product and/or Service must be paid prior to receiving that Product and/or Service. Payment may be made in cash, direct bank transfer or credit card (credit card incurs a 3% surcharge). All memberships require full upfront payment prior to commencement.
All clients must complete a Medical History Check disclosure before commencing any exercise programme. TURBO STUDIO may require a letter of 'medical clearance' from your GP. Please be aware that your GP may charge for providing this letter. TURBO STUDIO cannot be held liable in any way for undeclared or unknown medical conditions. You must disclose all medical conditions as it is industry standard requirement.
We adhere to all Industry Requirement set out by Fitness Australia and NSW Government that regarding strict guidelines in ensuring that you are at absolute minimal risk while performing in a fitness service with the TURBO STUDIO. In order for you to receive the best probable care, guidance and support with your health and fitness journey you are required to acknowledge the following indemnity declaration before participating in any physical activity…
WARNING: THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR RIGHTS.
This Agreement acknowledges your consent to Participate in a Personal or Group Training Session. The ‘Trainer’ refers to the Australian Registered Business ‘TURBO STUDIO’. The ‘Activity’ refers to the participation in personal/group cycle training.
You acknowledge that it is a condition of participating in this activity that you do so at your own risk. You accept all risks and hereby indemnify and release TURBO STUDIO, the trainer, their agents, affiliates, employees, members, sponsors, promoters and any person or body directly and indirectly associated with the trainer, against all liability (including liability for their negligence and the negligence of others) claims, demands and proceeding arising out of or connected with your participation in this activity.
This release and indemnity continues forever and binds your heirs, successors, executors, personal representatives and assigns. You acknowledge that participating in this activity may involve a risk of serious injury or even death from various causes including: over exertion, dehydration, equipment failure and accidents with equipment and surroundings.
You recognise the difficulties associated with this activity and attest you are physically fit to participate safely in the activity and that a qualified medical practitioner has not advised you otherwise. You understand the demanding physical nature of this activity. You are not aware of any medical condition, injury or impairment that will be detrimental to your health if you participate in this activity. In the event that you become aware of your medical condition, injury or impairment that may be detrimental to your health if you participate in this activity your Trainer and TURBO STUDIO will be immediately informed.
By continuing to participate in this activity, you accept the risks despite these conditions and are still, and will always be under the terms of this agreement. You certify that you are 18 years older and have read this document and fully understand it OR As a parent or guardian of the participant (a) you agree to the above for yourself and on behalf of the participant and (b) you indemnify and will keep indemnified any person or body directly or indirectly associated with the conduct of the activity on terms referred to.
Turbo Studio Disclaimer
If you believe there is a risk to your health by participating in a TURBO STUDIO session you must inform the us in writing about the risk.
First Aid and Medical Attention
In case of an emergency, you authorise TURBO STUDIO to contact the nearest doctor/hospital and organise any medical attention on your behalf. You accept full responsibility for any costs incurred and release TURBO STUDIO and its personnel staff, employees and contractors from any liability for injury incurred during the personal training program.
What to bring to your training sessions:
During training session, your are required to bring with you, a sufficient amount of water in your own water bottle for re-hydration, your bike, your bike shoes and appropriate cycle clothing. It is your responsibility to bring any medical aids you require e.g. Asthma inhaler, etc.
TURBO STUDIO will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used by another party or is used in an unauthorised manner through online payments.
We will not be liable for any loss of income, loss of profits, loss of agreements, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of agreement or otherwise.
Our maximum aggregate liability for any Product/Service supplied to you whether in agreement, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
Agreement to Suppor our Marketing
As part of maintaining our lower costs and passing them on to you, you agree you to allowing TURBO STUDIO to use your success story, achievements and testimonials on any of our marketing material. Should you wish for this not to occur you must notify us in writing. You agree and understand that any pre agreed marketing material and information may be too late to withdraw and you agree for us to continue and make the requested omission or changes on the next available marketing campaign.
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of TURBO STUDIO. Any unauthorised assignment shall be deemed null and void. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in TURBO STUDIO .