terms & conditions
Interpretation: MFW FITNESS STUDIO and MELBOURNE FITNESS AND WELLBEING and MFW means MELBOURNE FITNESS AND WELLBEING ABN 32342723108. MFW and its permitted successors, assigns and contractors. Agreement means this document, the attached Enrolment Form as well as any schedule or annexure to this document. Representative means any of MFW directors, officers, contractors, sub-contractors, agents or other representatives.
MFW's Rights: MFW may vary the delivery of a MFW course at any time without notice. Cancel or postpone a MFW course less than 24 hours prior to the commencement of that MFW Course. Where a MFW Course is cancelled by MFW, I will be offered the choice of a credit or an alternative day to attend the course. Refuse my entry or continuation to a MFW course if MFW's Representatives have deemed (at their sole discretion) me not to be medically or physically fit to participate. However, MFW is not able to provide advice concerning medical fitness to undertake any exercise or activity and that it is my responsibility to seek medical advice in this regard. Refuse my entry or continuation in a MFW Course if MFW's Representatives have deemed (at their sole discretion) my behaviour to be unacceptable, unsafe or inappropriate. Warning: Participation in a MFW course can be inherently dangerous. Unlikely accidents may happen which may result in me being injured or even killed. I have read and understood this warning and voluntarily accept and assume the inherent risks in participating in each relevant MFW Course.
Medical advice and consent: I have consulted a medical professional prior to any physical activity and am aware of any restrictions that are appropriate for me and will immediately notify MFW in writing to these and any change of these conditions and immediately seek medical attention. I declare that I am physically fit, able and participate in the MFW courses at my own risk and acknowledge that undertaking the course may be physically dangerous.
Fitness and physical ability to Participate: I am and will continue to be medically and physically fit and able to participate in the course. I am not and will not be a danger to others or myself. I will immediately notify MFW in writing of any change to my fitness and ability to participate. Unless I notify MFW otherwise, I understand and accept that MFW will continue to rely upon this declaration as evidence of my fitness and ability to participate. I declare that my participation in any MFW course indemnifies MFW and its staff from any legal action and I am doing so solely at my own risk and discretion.
The MFW courses are typically high intensity, interval based training. Any persons with pre-existing medical conditions, in poor health or with any concerns as to commencement of a new fitness course should consult with an appropriate healthcare professional before beginning any of these courses. You are responsible to make your own inquiries and seek independent advice from a healthcare professional participating in any of our courses. In particular, if you fall within one of the following classes of persons, then you should first consult a healthcare professional before following any exercise courses as our courses are not typically suitable for you to participate and may cause to be dangerous to your health:
pregnant women and women who are breastfeeding or who are trying to conceive a child;
persons with a history of or who currently have heart disease;
persons with a history of or who currently have suffered from asthma;
persons with a history of or who currently suffer from muscle soreness, nerve pain, bone density impediments and/or joint pain;
persons suffering from cancer or other long term illness;
persons with liver disease, kidney disease, or renal failure;
persons with eating disorders;
persons with diabetes, blood pressure or cholesterol issues;
persons with disabilities limiting their physical functions and abilities to participate in high intensity training;
overweight or obese persons;
persons recovering from or recently recovered from illness or injury; and
persons with a low body mass index.
Further and in conjunction with the above, even if you do not fall into the above classes of persons you acknowledge that you are solely responsible for (at your own discretion) following (or not following) any exercise program or regime that is included as part of the MFW courses. Our service does not include any supervision or monitoring of your activity, and we are not responsible for any injuries that you may suffer as a result of following the exercise courses. You acknowledge that your participation in the courses may involve risks, including personal injury and death.
Prior to participating in the courses, you must assess all the risks involved, including risks that may be caused by your own acts or omissions, your health condition and risks that are not known to you or are not readily foreseeable at the time of participating in the recreational services and activities. By participating, you are doing so voluntarily and at your own risk.
To the extent permitted and required by law, this is a risk warning pursuant to the various civil liability and consumer protection legislation. You assume all risks in connection with your participation in any courses that we may provide.
Medical Treatment: I consent and authorise MFW and its Representatives to administer or obtain medical assistance in the event of an accident or medical condition I may suffer whilst participating in a MFW Course and agree to pay for any costs or expenses incurred by MFW in administering or obtaining such medical assistance. MFW and its staff are not responsible or liable for any advice, course of treatment, diagnosis or any other information, services or products that you obtain through our services.
Exclusion of Liability: To the extent permitted by law and while all reasonable care is taken, MFW and its Representatives cannot be held responsible and excludes all liability however arising (including liability for negligence) for direct, indirect or consequential loss, damage, injury, cost and expenses (including without limitation loss of revenue or profits, loss of business opportunity, goodwill and/or data, and failure to realise anticipated savings or benefits).
Release and Indemnity: To the extent permitted by law, I release and indemnify, and will keep indemnified, MFW and all of their Representatives in relation to all claims which I now, or at any time in the future may have against MFW, arising from or related in any way to the supply and my participation in MFW Courses.
Photographs and videos and the right to use: Videos and photos may be taken and used by MFW for promotional purposes, without payment or compensation to me. Such photos are and will remain the property of MFW. If I do not want my photo or video taken, I will notify MFW in writing or verbally.
Assignment: MFW may assign or otherwise deal with this Agreement at its sole discretion. I cannot assign any rights under any agreement with MFW without prior written consent of MFW (which may not be unreasonably refused).
Severability: If anything in this Agreement is unenforceable, illegal or void then it is severed and the rest of this Agreement remains in force. This Agreement cannot be amended. If I do amend it my application will be null and void and cannot be accepted by MFW. I acknowledge and understand that representatives of MFW are qualified and registered Personal Trainers.
***PLEASE READ OUR CLASS BOOKING CANCELLATION POLICIES, MEMBERSHIP CANCELLATION AND MEMBERSHIP SUSPENSION POLICIES:
In order to attend any class, you must book 2 hours prior to the session starting. If you wish to cancel a class, you must do so 9 or more hours prior to the start time. If you fail to do this, there will be a $10 cancellation fee automatically debited from your account if you are on any of our unlimited memberships. If you provide a doctor's certificate via email within 7 days of your cancelled session, you will be given a full refund of the late cancellation fee ($10 only). If you are on a 2 per week or 3 per week membership or a casual session pack, you will lose your session altogether, if you do not cancel 9 or more hours prior to the session starting.
Weekly Membership Suspension Policy
You may suspend your weekly membership at any time, giving 14 days' notice. You can suspend your membership for one or more weeks at a time. To suspend your membership, please contact Pia Therese via email firstname.lastname@example.org. Your membership will be suspended 14 days from the day that you receive confirmation (via email), from MFW, that your suspension notice has been received and processed.
Weekly Membership Cancellation Policy
You may cancel your weekly membership at any time, giving 14 days' notice. To cancel your membership, please contact MFW owner Pia Therese via email email@example.com. Your membership will be cancelled 14 days' from the day that you receive confirmation (via email), from the owner that your cancellation notice has been received and processed.
Premium Membership Suspension Policy
You may suspend your membership at any time, giving 14 days' notice. To suspend your membership, please contact MFW owner Pia Therese via email firstname.lastname@example.org. Your membership will be suspended14 days' from the day that you receive confirmation (via email), from the owner that your suspension notice has been received and processed.
Premium Membership Cancellation Policy
When purchasing a premium membership, you are agreeing to become a member of MFW for the entire period specified in the membership. A weekly payment will be debited from your account for the entire period specified in the membership. Therefore you are unable to cancel this offer.
Casual Class and Trial Suspension Policy
There are no suspensions for casual classes or trials permitted. All casual memberships have a 2 month expiry.
Casual Class and Trial Cancellation Policy
There are no cancellations permitted for casual classes or trials. If you purchase a trial or casual session or casual session pass of 5 or 10 sessions and you change your mind, unfortunately we cannot refund you at any time.
If you purchase a trial, casual session, casual pack or membership with us and then change your mind, please note that we do not issue refunds.