Spin House Pty Ltd
Terms & Conditions of Purchase
These Terms & Conditions of Purchase apply to everybody who purchases any type of class, series of classes or package of classes (“Purchaser”).
Section 1: Fees and Payments
1.1.1 The purchaser’s obligation.
It is the obligation of the purchaser to use their product they purchase. Purchaser shall not be relieved of the obligation to make payments agreed to, and no deduction from any payment shall be made because of Purchaser’s failure to use the facilities of Spin House Pty Ltd.
1.1.2 Form of Payment.
All payments (including per class payments and incidentals) are payable by electronic funds transfer from the Purchaser’s credit card account or debit card account. Purchaser must authorize payments to be made through a third party administered electronic funds transfer system. Purchaser maintains full control and privacy over his or her account at all times, and the transfer of funds affects only those fees that have Purchaser’s prior authorization and when a Purchaser authorizes any additional transaction, including but not limited to single classes, class series, class packages, and retail or smoothie bar transactions either on the Studio’s website or in the Studio’s facilities, as well as charges associated with late cancellation and/or no-shows.
1.1.3 Returned Payment Penalty.
Purchaser will automatically be charged any bank fee imposed on the Studio, plus a processing fee, for any returned payment item due to closed accounts, insufficient funds or similar issue. On such occasion, the Studio retains the right to collect the current and past due balances in any subsequent month.
1.1.4 Cancellation of Classes.
Purchaser may cancel his or her reservation (either on the Studio's website www.spin-house.com.au or by calling the Studio at the phone number specified on the Studio's website) no later than six (6) hours prior to the reserved class in order to retain the full class credit. Classes not cancelled prior to that time will be revoked.
1.1.5 Cancellation Policy:
Classes that are not cancelled within the allotted time of no later then six (6) hours prior to the reserved class the member will be charged a disruption fee of $10.
Section 2: Classes
2.1.1 Revocation of Classes.
Spin House Pty Ltd (in its sole discretion) may revoke Purchaser’s class, class series or class credits, at any time and without refund, in the event that Purchaser engages in behavior that is unsafe or objectionable to other participants or staff, or for reasons of nuisance, disturbance to other participants or staff, moral turpitude or fraud, or personal hygiene and attire.
2.1.2 Use Privileges.
Purchaser must abide by the individual rules set out by Spin House Pty Ltd. Additionally, Spin House Pty Ltd (in its sole discretion) reserves the right to revoke or suspend Purchaser’s class, class series or class credits if Purchaser has purchased a class, class series or class packages, and allows persons other than Purchaser to use Purchaser’s account to book and/or attend classes.
Section 3: Purchaser Risk
3.1.1 Medical Recommendations.
Purchaser is strongly advised to consult with his or her general practitioner (GP) or to have a physical examination before using any of the Spin House Pty Ltd facilities, especially if Purchaser is elderly, pregnant, has a history of heart disease, high blood pressure or other chronic illness, or is unaccustomed to strenuous physical exertion or has any other physical limitations that could create an increased risk of injury or adverse health consequences from strenuous exercise.
All members are required to fill out a physical activity questionnaire prior to commencement of their first ride at Spin House in accordance with Exercise and Sports Sciences Australia (ESSA) pre-activity guidelines.
3.1.3 Purchaser’s Health Warranty.
By enrolling or participating in any of the Studio’s classes, or otherwise using any of the Studio’s facilities, Purchaser represents and warrants that he or she (i) is in good medical and physical condition, and that participation in the classes or use of the facilities does not pose any danger to Purchaser’s health; (ii) has no medical or physical conditions that would preclude his or her participation in any of the Studio’s classes or use of the Studio’s facilities, or otherwise create an increased risk of injury or adverse health consequences as a result of strenuous exercise; and (iii) has not been instructed or advised by any physician against participating in strenuous physical exercise or exertion, participating in any of the Studio’s classes, or using the Studio’s facilities.
Purchaser is strongly encouraged to arrive early prior to their first ride or at the request for ongoing support to ensure the proper and safe use of all of the Spin House Pty Ltd equipment. In the failure to attend a orientation session the purchasers acknowledges that they are responsible for their own safety and the proper use of the equipment prior to the commence of a ride.
3.1.5 Purchaser Conduct.
Purchaser shall not use any Studio facility, service or equipment in such a way as to endanger the health or safety of Purchaser or others. Purchaser shall be responsible for any property damage or personal injury caused by Purchaser and/or his or her guests.
3.1.6 Purchaser Assumption of Risk.
The purchaser accepts the risk inherent to physical conditioning and training which by their very nature cannot be eliminated regardless of the care taken by Spin House Pty Ltd to manage injury risk.
Purchaser acknowledges that his or her participation in the Studio’s classes and use of Spin House Pty Ltd facilities necessarily involves a risk of severe, permanent physical injury (including, without limitation, strained, sprained or torn muscles, tendons or ligaments, broken bones, dislocation of joints, concussion, brain damage, nerve and spinal cord injury, and paralysis) and death. By enrolling or participating in any of the Spin House Pty Ltd classes, or otherwise using any of the Spin House Pty Ltd facilities, PURCHASER WILLINGLY AND VOLUNTARILY ASSUMES ALL SUCH RISKS. The Studio cannot, and does not, guarantee that any facility, class or equipment is free of risk of any and all accidents or injuries of any kind (including death).
The Purchasers Waives any and all claims that they may have both present and future against Spin House Pty Ltd ACN 609 950 370 and Grech Shareholding Pty Ltd CAN 609 948 905 and all its directors, shareholders, employees, agents, contractors, volunteers, representatives and assigns (collectively terms Spin House Pty Ltd), brought about by any cause whatsoever, including by not limited to negligence, breach of contract, breach of a statutory duty.
The purchaser Releases any liability for any cost, loss, damage, expense, injury or death incurred by the purchaser as a result of undertaking and/or following a training plan, program, or session designed by Spin House Pty Ltd.
The purchaser Agrees to hold harmless and indemnify Spin House Pty Ltd from any and all costs incurred as a result of the purchaser undertaking or following a training plan, program, or session designed by Spin House Pty Ltd. Furthermore, the purchaser agrees to reimburse all costs incurred by Spin House Pty Ltd but not limited to medical costs, emergency transportation and in the event of investigation or defending a claim if the purchaser fails to obtain judgment or partial judgment in Purchaser’s favor.
3.1.11 Costs of Collection.
Purchaser agrees to pay all costs plus reasonable attorney and collection fees in connection with Spin House (or Spin House Pty Ltd designee’s) collection of any amounts owed by Purchaser.
3.1.12 Loss of Property.
Purchaser is urged not to bring valuables onto the Studio premises and to keep valuables with him or her at all times. The Studio shall not be liable for the disappearance, loss or theft of, or damage to, personal property (including money, negotiable securities and jewelry).
3.1.13 Singing on behalf of a minor, the purchaser must be the legal guardian of the minor and accepts responsibility for the agreed terms and conditions when signing on the behalf of a minor.
Section 4: General Provisions
4.1.1 Purchaser and Guests Rules.
Purchaser and his or her guests shall abide by the Spin House rules and regulations and any amendments and/or modifications thereto.
Lockers are provided solely for the benefit and convenience of the participants. The Studio will remove any articles left in a locker overnight and will keep in our lost property area, all unclaimed items will be donated to RSPCA.
4.1.3 Dress Code.
The only requirement we have is enclosed footwear. Any attire that is deemed to be inappropriate or offensive towards members, staff or the general public may result in a breach in the rules and regulations set out by Spin House Pty Ltd.
4.1.4 Independent Contractors.
From time to time, the Studio may make the services of independent contractors available to Purchaser and his or her guests. The Studio does not warrant or guarantee the quality of these services.
4.1.5 Guest Rules.
Guests are permitted in the Studio, but only pursuant to such rules, fees and schedules as then may be in effect. All guests must register at the front desk and sign the Spin House standard release agreement.
4.1.6 Special Events.
The Studio may from time to time reserve the use of its facilities for special events, competitions and private functions.
4.1.7 Change in Operating Hours/Temporary Closing of Studio.
As a result of repair, maintenance, special occasions, or act of God, the Studio may be required to restrict the use or temporarily close its facilities or activities from time to time. Hours of operation may be amended from time to time, and certain facilities, services or programs may be added or eliminated from time to time, at the Studio’s discretion.
4.1.8 Children’s Use.
All children under 18 years of age must be accompanied by a parent at all times within the Studio unless they are in a supervised activity. Children under age 13 are not permitted in any Studio facility without the express permission of Studio management.
Agreement between user and Spin House Pty Ltd
Cancellation / Refund Policy
Reserved bikes may be cancelled up until six (6) hours prior to the scheduled class without penalty. Bikes can be cancelled by logging onto your account or calling the studio. Bikes not cancelled before six (6) hours prior to the scheduled class will result in the loss of class credit for pay per visit members or a fail of cancellation penalty of $10 for direct debit memberships.
We are not required to provide a refund or replacement if you change your mind. However, if the product is faulty for any of the following reasons we will refund the full amount.
■ has a problem that would have stopped someone from buying the item if they had known about it
■ is unsafe
■ doesn’t do what we said it would or what you asked for and can’t be easily fixed.
Please keep your proof of purchase – for example, your receipt.
Changes to Terms
Spin House Pty Ltd reserves the right, in its sole discretion, to change the Terms under which www.spin-house.com.au is offered. The most current version of the Terms will supersede all previous versions. Spin House Pty Ltd encourages you to periodically review the Terms to stay informed of our updates.
Spin House Pty Ltd welcomes your questions or comments regarding the Terms at firstname.lastname@example.org