General membership terms & conditions

1. Definitions

(a) Access Pass means your membership card allowing you to enter the Club.

(b) Access Pass Fee means the Access Pass Fee specified in the Agreement.

(c) Agreement means this membership agreement made between you and Jetts incorporating the documents referred to in clause 2(b).

(d) Billing Account means the bank account or credit card nominated by you to have your direct debit Membership Fees deducted from.

(e) Club means the Jetts gym as specified in your Membership Agreement or any such Club that your membership may be transferred to.

(f) Club Access means the initial Joining Fee and Access Pass Fee specified in the Agreement.

(g) Club Rules mean the Club rules as amended from time to time, which are located at the Club.

(h) DD Membership means a weekly membership, with recurring fortnightly direct debit payments.

(i) DD Membership Fee means the fortnightly fee payable for the DD Membership inclusive of any Payment Provider fees.

(j) Dishonour Fee means a $10.00 fee.

(k) Fighting Fit Pre-Workout Questionnaire means the pre-workout questionnaire that the member is required to complete prior to using the Club.

(l) Foundation Member means a Member that has a Foundation Membership as categorised by this Agreement.

(m) Jetts means the entity specified on your Membership Agreement and includes its heirs, estates, agents, representatives, officers, directors, shareholders, successors, affiliates, subsidiaries and employees.

(n) Joining Fee means the fee specified in the Agreement.

(o) J Series App means the Jetts App, MINDBODY, Incorporated.

(p) J Series means the J Series group fitness sessions offered by Jetts to Members 

(q) Member means the individual who has entered into this Agreement with Jetts.

(r) Membership Agreement means the form provided to you by Jetts requiring you to provide the relevant details to Jetts (e.g. name, address, payment card details) relating to your membership.

(s) Membership Fees means the fees that are due and payable by you pursuant to this Agreement.

(t) Minor means members under the age of 18.

(u) Paid In Advance (PIA) Membership means Members that have paid in advance according to the level of PIA membership as specified in this Agreement.

(v) Payment Agreement means the Agreement between you and us permitting our Payment Provider to provide the direct debit and credit card payment facilities to you on our behalf in accordance with the Payment Provider’s Direct Debit Service Agreement.

(w) Payment Provider means the payment provider specified from time to time by Jetts, which is currently Ezidebit unless Jetts otherwise specifies.

(x) Payment Provider’s Direct Debit Request Service Agreement means the Payment’s Provider’s service agreement provided to you by Jetts.

(y) Policies means the Jetts membership policies as amended from time to time, which are located at www.jetts.com.au/policies and available at your Club on request.

(z) Privacy Policy means the Jetts privacy policy which is available at www.jetts.com.au/clubs or by emailing [email protected]

(aa) Products means any products that are purchased pursuant to Jetts sale of goods terms and conditions.

(ab) Staffed Hours means the hours for the Club, which are located at the entrance to the Club or at www.jetts.com.au/clubs  Jetts reserves the right to change the Staffed Hours at any time without notice.

(ac) Written Notice means notice in writing, given in person, by email or post to the parties’ last known address.

2. Terms and Conditions

1. Your membership is governed by this Agreement.

1. This Agreement incorporates these terms, the Membership Agreement, the Policies, the Club Rules and the Privacy Policy.

1. Accepting this Agreement does not automatically entitle you to a membership as your application may be subject to further review by Jetts.

1. Jetts reserves the right, in its sole discretion, to amend this Agreement.

1. Jetts holds, so far as a provision of this Agreement is for the benefit of a third- party, that provision on trust for the relevant third-party.

3. Membership

1. Nature of Membership

    

   Your membership permits you to use Jetts; premises, facilities, equipment and services and/or participate in the J Series group sessions as shown and limited by the membership identified on the front page of the Membership Agreement. Your membership is non-transferable by you unless deemed appropriate by Jetts.

1. Change to Details 

    You must provide Jetts with any changes to your details, which are relevant to your membership in writing.

1. All Club Privileges

    

   Subject to clause 18, your membership entitles you to utilise Jetts branded clubs, as listed on the website.

1. Membership Hold

    

   Jetts will only hold your membership in accordance with the requirements of the Jetts Membership Hold Policy available at the Club or at

    

1. Membership Transfer – Paid in Advance (PIA

   ) A Member may transfer their PIA membership in accordance with the Membership Transfer Policy available at the Club or on

    

1. Membership Transfers - Direct Debit (DD

   ) Members who pay fortnightly can transfer their membership in accordance with the Membership Transfer Policy available at the Club or on

    

1. Foundation Membership

    

   Members who duly complete and agree to this Agreement prior to the Club opening date are defined under the Policies as a Foundation Member. A Foundation Member has the privilege of maintaining the same membership price for the life of this Agreement. Termination of Foundation Membership privileges is effective on the date Jetts advises the member by Written Notice. Jetts reserves the right to terminate a Foundation Members privileges in the event of the following:

i. A PIA membership is not renewed prior to its expiry date;

ii. A PIA membership is transferred to non-Member; or

iii. A PIA membership is cancelled or terminated; or

iv. A DD membership is cancelled or terminated; or

v. A DD membership is in arrears; or

vi. A DD membership is transferred in accordance with the Membership Transfer Policy; or

vii. A members conduct is improper, harmful or illegal and contrary to the best interest of Jetts and / or its Members.

4. Payments

1. You agree to pay all Membership Fees as set out in this Agreement and agree to be bound by the direct debit terms and conditions as described in the Payment Agreement and the Payment Provider’s Direct Debit Request Service Agreement. 

1. For a DD Membership you must make your payments on a fortnightly basis in advance.

1. For a PIA membership, you must pay your membership in advance according to your level of PIA membership as indicated by Jetts to you.

1. For all memberships you must make payment of the Club Access and pro-rata amount in advance and the balance of the Membership Fees by way of direct debit (or if PIA by way of credit, cash or EFTPOS).

1. You must provide to Jetts, in the form requested by Jetts, a Payment Agreement authorising Jetts’ Payment Provider to debit the Membership Fee due for each direct debit period from your Billing Account.

1. Jetts will endeavour to contact you by phone, sms or email to inform you of any overdue payments. In the event that Jetts cannot contact you, it will provide you with Written Notice of overdue payments. (g) A Member will be charged a Dishonour Fee in the event that a fortnightly direct debit payment is dishonoured by their financial institution.

1. A Member will be charged a Dishonour Fee in the event that a fortnightly direct debit payment is dishonoured by their financial institution.

1. A Member will be charged a $29.00 fee if their Access Pass is damaged or lost and requires replacement.

1. Additional fees (being bank charges or administrative charges incurred by the Payment Provider) will apply for any overdue or late payments.

1. If there are repeated failures to meet your payment obligations (other than through the fault of Jetts or its Payment Provider), without prejudicing Jetts’ rights to recover any overdue payments, your membership may be suspended or terminated by Written Notice to you.

1. You acknowledge and agree that Jetts may change its Payment Provider and that Jetts and/ or the current Payment Provider may, in their sole discretion, assign or novate all existing Payment Agreements to a new payment provider. In the event that Jetts or the current Payment Provider assigns or novates the existing Payment Agreements to a new payment provider, you consent to Jetts or the current Payment Provider providing your personal information (including, but not limited to your payment details, to its new payment provider) in accordance with this Agreement and Jetts’ Privacy Policy.

1. Jetts reserves the right, at any time, to change the Membership Fees charged to Members for use of the Club facilities. Jetts agrees to use reasonable endeavours to provide you with Written Notice of the changes. The changes will take effect 30 days after the Written Notice has deemed to be been received by you. We deem receipt to have occurred 2 business days after the Written Notice was sent. At the end of the 30 day period, you authorise Jetts and/or the Payment Provider to debit the new amount to your account.

1. If you opt in for a J Series membership and are on a DD Membership, the DD Membership Fee for both membership types will occur on the same date.

1. If you are a PIA Member you can only opt into a J Series membership for the remainder of the PIA Membership term so that the J Series membership aligns with the PIA Membership subscribed to prior to the J Series upgrade.

1. If you are on a DD Membership you may cancel your J Series membership at any time provided you request your membership be downgraded in writing to Jetts.

     (ii) Your reduced financial obligations due to a membership downgrade will apply on and from the date that the Written Notice has         been processed and accepted by Jetts.

5. Minimum Age

1. All Members of Jetts must be a minimum of 14 years of age. All Minors must have a parent or legal guardian agree to the terms of this Agreement. All Minors must attend the Club to obtain a membership.

1. You must be a minimum of 16 years of age to participate in J Series.

1. Minors aged between 14-16 years of age must comply with the restrictions outlined in the Membership Age Policy available at the Club or on

    

1. Minors aged 16-17 years of age must comply with the restrictions outlined in the Membership Age Policy available at the Club or on

6. Staffed Access

1. A Member may be subject to a Staffed Access only membership, which will only allow them to attend the Club during Staffed Hours.

7. Access by Non-Members

1. Jetts only grants Members, unless otherwise specified in this Agreement, access to the Club. No Member is permitted to bring a non-Member into the Club.

2. If a Member breaches clause 7(a) of this Agreement, the Member acknowledges that:

(i) they accept responsibility and liability on their personal behalf for any injury, loss or damage attributed to the non-Member whether or not caused through the negligence of Jetts;

(ii) the act of bringing a non-Member into the Club constitutes automatic acceptance by the Member of a new membership for the non-Member. The Joining Fee and Access Pass Fee, in addition to the DD Membership Fee, will be charged to the Member in the following ways:

(1) for a Member who holds a DD Membership, this amount will be deducted from their nominated bank account; and

(2) for a Member who holds a PIA Membership, the Member will receive an invoice for this amount;

(iii) payment of the amount in accordance with the clause above will entitle the non-Member to use the Club for one fortnight;

(iv) in order for the non-Member to take advantage of the new membership, they will need to attend the relevant Club and comply with all of the obligations that all new Members are required to comply with pursuant to this Agreement; and

(v) Jetts reserves the right to terminate the membership of the Member who brings a non-Member into the Club.

8. Orientation

1. It is a condition of this Agreement that you participate in a scheduled Member orientation program. 

1. The orientation focuses on various aspects of the Club including, but not limited to, Club layout, amenities and entry and exit areas.

1. Jetts may suspend or terminate this Agreement in the event of unsatisfactory completion of the Club orientation prior to the commencement of exercise.

1. You acknowledge that Jetts did not give you any medical advice before you used the equipment or participated in J Series sessions, and cannot give you any medical advice after you use the equipment.

9. Physical Condition

1. It is your responsibility not to use any equipment or to participate in J Series sessions if they may adversely affect any medical condition. 

1. You hereby represent to your Club and Jetts and their directors, officers, employees, contractors and agents that, to the best of your knowledge, you do not have any physical, medical or other disability or condition which may be affected or aggravated by, or which may result in any sickness, injury or death to you as a result of, your use of the Club or its facilities. 

1. If you have any health or medical concerns now or after you join as a Member of the Club, you must discuss them with your doctor before using the equipment or the Club. 

1.  You acknowledge that Jetts did not give you any medical advice before you used the equipment, and cannot give you any medical advice after you use the equipment. 

10. Fighting Fit Pre-Workout Questionnaire

1. It is a condition of membership with Jetts that each Member, prior to using the Club, has to complete the Fighting Fit Pre-Workout Questionnaire. 

1. You will not be permitted to use the Club until you have completed the Fighting Fit Pre-Workout Questionnaire. 

1. Jetts reserves the right to restrict, suspend or terminate your membership if Jetts is of the reasonable opinion that you are unfit to utilise the Club on a 24/7 basis. If your membership is restricted or suspended for this reason, your membership will not be reinstated until you provide Jetts with a medical certificate confirming that you are fit to train.

11. Video and Audio Surveillance

1. For security purposes, Jetts uses video and audio surveillance equipment to monitor the Club on a 24 hour basis.

1. By accepting this Agreement you acknowledge that by accessing any “Jetts” branded club you will be subject to video and audio surveillance and recording.

1. Video and audio surveillance is limited to the floor area only, and is not within the walls of the bathrooms or assessment rooms.

12. Equipment

1. You understand and acknowledge that Jetts purchases or leases the equipment from a third party and therefore does not manufacture any of the fitness or other equipment used in the Club. 

1. You understand and acknowledge that Jetts is providing recreational services and may not be held liable for defective products or equipment.

13. Liability for Property

1. Jetts is not liable to you for any personal property that is damaged, lost, or stolen while on or around the Club including, but not limited to, a vehicle or its contents or any property left in a locker.

1. If you cause damage to the Club or any equipment you are liable to Jetts for its cost of repair or replacement.

14. Release and Indemnity

1. Jetts is entitled to ask you to agree to exclude, restrict or modify its liability for death or any personal injury suffered by you on Club premises, or from the use of our facilities or equipment. 

1. If you accept this Agreement, you agree to restrict the liability of Jetts if you are killed or injured, with the result that compensation may not be payable if you or a third party suffers death or personal injury. 

1. Jetts may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by accepting this Agreement. Even if you accept this Agreement, you may still have further legal rights against Jetts. 

1.  A parent or legal guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child’s rights.

15. Release and Indemnity (Queensland)

1. You use the facilities provided by Jetts at the Club at your own risk and acknowledge that the use of the Club may involve risk of injury, whether caused by you or another party. By accepting this Agreement you agree that Jetts will not be liable for any loss, injury, damage or theft of property, belonging to or brought onto Club premises by you, or for any death, personal injury or illness on Club premises, or from using our facilities or equipment.

1. This release does not apply if your death or injury results from gross negligence on our part.

16. Cooling Off Period

1. All new memberships are subject to a cooling off period of 10 business days.

2. A request for termination of membership during the cooling off period must be made by Written Notice unless this Agreement is defined as an unsolicited consumer agreement under the Australian Consumer Law, in which case termination may be written or oral.

3. For any membership terminated validly during the cooling off period, Jetts will refund to you the total of all Membership Fees.

17. Your Right to Terminate Your Membership

      a. You may terminate your membership at any time on the following basis:

(i) You provide a request for termination of your membership in writing to Jetts.

(ii) If your request for termination is for reason of permanent sickness or physical incapacity and this prevents you from using the Club:

1. your request must be accompanied by a medical certificate evidencing such permanent sickness or physical incapacity; and

2. there will be a refund of any unused Membership Fees.

(iii) In the event of death, your estate must provide written evidence in the form of a death certificate and all unused Membership Fees will be refunded.

(iv) If your request for termination is for reasons other than permanent sickness or physical incapacity:

(A) in relation to DD Memberships:

(1) you may terminate your membership at any time;

(2) you must provide Jetts with Written Notice of termination with Jetts processing your termination as follows: (a) Written Notices received before 5pm on a Business Day will be actioned that Business Day or (b) Written Notices received after 5pm or on a day other than a Business Day will be actioned the next Business Day; and;

(3) the Member will not incur any financial obligations under this Agreement on and from the date that the Written Notice has been processed and accepted by Jetts and the Member has a right to continue attending the Club until the Member’s pre-paid period expires.

(B) in relation to PIA Members:

(1) you may not terminate the membership during the prepaid period (or get a refund), unless you suffer from a permanent sickness or physical incapacity as described in clause 17(a)(ii); and

(2) if you do not renew your PIA membership by the renewal date, your membership will automatically expire. 

18. Jetts’ Right to Restrict or Terminate Your Membership

1. Jetts may restrict your membership (including by limiting access to other “Jetts” branded clubs and for limiting access to Staffed Hours) at any time on the following basis:

1. concern for the health and/or safety of the Member; or

1. non-compliance, improper or harmful conduct engaged in by the Member.

1. Jetts may terminate your membership at any time on the following basis:

1. you fail to make any payments of your Membership Fees;

1. Jetts reasonably suspects that you are engaging in illegal activity in the Club;

1. you fail to follow any of the Policies or Club Rules, or violate any part of this Agreement; or

1. your conduct is improper or harmful to the best interest of Jetts Members.

1. In the event that Jetts terminates your membership in accordance with clause 18(b), termination will be effective on the date that Jetts sends Written Notice. You are liable for all financial obligations until that date. If you are a PIA Member, Jetts will not refund any unused portion of your fees.

1. Upon termination of your membership by Jetts, you will cease to have access to the Club, and Jetts has the discretion to deny you access to any ”Jetts” branded club. Any money owing to Jetts when your membership ends, remains immediately due and payable and Jetts will deduct the amount outstanding from any refund which you may be eligible. If there is not enough money to cover the amount owing to Jetts, you must pay the balance of the amount owing.

1. Upon termination of your membership by your election, you may continue to use the Club for any period that you have paid in advance. You will cease to have access to the Club once any period you have paid in advance expires.

1. Termination or expiration of this Agreement shall be without prejudice to the rights of each party against the other in respect of anything done or omitted under this Agreement prior to such termination or expiration.

19. Termination and Unauthorised Cessation of Direct Debit

1. If you terminate the Agreement or stop the automatic debit arrangement in a manner not described in the Agreement, then you may be liable to Jetts for any unpaid fees, or fees incurred by Jetts.

20. Assignment

1. Jetts may assign or novate its rights under this Agreement at any time without prior consent.

21. Risk Warning

1. Jetts warns that whilst you are on our premises using our Club and recreational services, you are at risk of suffering physical harm or personal injury including broken bones, soft tissue injuries, joint injuries, permanent disability or death. These injuries may occur from you: 

1. slipping on wet flooring;

1. being struck by weights;

1. colliding with equipment, or other Members;

1. engaging in strenuous exercise and activities; or

1. incorrect use of equipment or Club,

1. You acknowledge that any such injury may result not only from your actions but from the action, omission or negligence of others.

1. You acknowledge and agree that the above mentioned injuries and potential causes of injuries are not exhaustive, and there are other unknown or anticipated risks that may result in injury, illness or death.

1. You acknowledge that whilst every attempt is made to ensure that the recreational services and facilities provided by Jetts are safe, there are some significant and inherent risks involved, and you agree that you are participating voluntarily at your own risk and responsibility, thereby exposing yourself to certain risks.

22. J Series

1. Jetts reserves the right to decrease the number of J Series fitness session at any time without notice, provided that the reduction in sessions are not significantly decreased.

2. You must book your J Series session in advance through the Jetts App or the Club. 

3. If you cancel any J Series class within one hour of its scheduled start time you will forfeit the class and not receive a refund.

4. You may purchase J Series classes through a PIA Membership;.

5. The J Series classes purchased through a PIA Memberships will expire as follows:

a one (1) session pass will expire after 30 days from the date of purchase; and

a ten (10) session pass will expire after 6 months from the date of purchase.

Jetts privacy collection notice

Jetts Fitness Pty Ltd ACN 123 921 326, its related entities and Jetts franchised Clubs (collectively, Jetts) use this collection notice to set out the prescribed information in the Australian Privacy Principles (APP) contained in the Privacy Act 1988 (Cth) (Act).

1. Jetts Privacy Policy

A complete summary of Jetts’ policies relating to the privacy of your personal information is available on Jetts website at www.jetts.com.au (Privacy Policy).

The Privacy Policy explains how you may access personal information held by Jetts and seek the correction of the information and how you may complain about a breach by Jetts, or a registered APP code (if any) that Jetts is bound by and how Jetts will deal with a complaint.

A printed copy of the privacy policy can be obtained free of charge by contacting Jetts’ Privacy Officer.

2. Jetts’ contact details

If you have any questions or concerns regarding Jetts’ Privacy Policy or Jetts’ use of your information, please contact Jetts’ privacy officer at:

• Email:

   

• Telephone: 07 5458 5300

• Fax: 07 5458 5399

• Post: PO Box 1295, Mooloolaba QLD 4557

3. How Jetts collects your personal information (if collected from someone other than you)

Jetts may collect your personal information from third parties including:

• your personal trainer;

• market researchers & direct marketing providers;

• parents or guardians of underage members;

• our current members (refer a friend);

• the Australian Tax Office (ATO) and the Australian Securities and Investment Commission (ASIC); and

• public sources (directories, lists, professional & trade associations, ASIC, bankruptcy or court registry searches).

4. Is the collection of your personal information required/authorised by law or a court/tribunal order?

No.

5. Why did Jetts collect the personal information?

The main purpose for which Jetts collects personal information is to provide services and benefits to members and to maintain, extend and grow Jetts’ membership.

Jetts may use your information for:

• processing & managing membership & franchisee applications;

• facilitating members & casual members gym access;

• marketing activities, research & special offers;

• accurately identifying who is using Jetts’  services;

• communicating with members, franchisees & website visitors to Jetts’ website & online enquiries;

• profiling our members & their interests;

• operating Jetts’ business; and / or

• transferring memberships between clubs.

6. Consequences to you if Jetts does not collect all or some of your personal information.

You can refuse to provide personal information. However a refusal may mean that the service you requested is not provided or membership will be refused or forfeited.

7. Sharing your personal information

Jetts may use and disclose personal information for related purposes to third parties. Types of organisations to whom Jetts may disclose your personal information includes:

• government bodies such as ATO, ASIC, Australian Prudential Regulatory Authority & police or courts (as required by law);

• various law enforcement agencies and governments for security, customs and immigration purposes;

• banking service providers;

• rewards partner program providers;

• professional or government organisations; and

• Jetts’ contracted service providers including: o  information technology service providers;

  • planning research & development providers;

  • conference organisers;

  • marketing & communications agencies;

  • mailing houses, freight & courier services;

  • printers & distributors of marketing material;

  • debt collectors & banks;

  • personal trainers; and

  • external advisers (recruiters, auditors & lawyers).

Jetts does not rent, sell or exchange your personal information to third parties without your prior approval.

8. Does Jetts disclose your personal information overseas?

Jetts and Jetts group entities may disclose your personal information to other third party service providers operating outside Australia who work with Jetts or one of Jetts’ suppliers, agents, or partners. Jetts may also store your personal information on servers based overseas or in the “cloud” or other types of networked or electronic storage.

Before disclosing your personal information to an overseas third party, Jetts will first take reasonable steps to ensure that the overseas recipient: 

• does not breach the Australian Privacy Principles in relation to your personal information; or

• the recipient of the information is subject to a law, or binding scheme, that has the effect of protecting your personal information in a way that is substantially similar to the way in which the Australian Privacy Principles protect the information.

Personal information may be disclosed by Jetts to other Jetts entities and third parties in jurisdictions including: Australia, New Zealand, United States of America and the Netherlands. The European Commission has recognised each of these countries as providing adequate protection of personal information.

To make it easy for you to deal with Jetts and other Jetts entities and provide you with a more personal and consistent experience, Jetts may exchange and combine personal information with other Jetts entities for the purposes described in this Collection Notice.

If your personal information is collected using a document that references this Collection Notice, you are taken to consent to the disclosure, transfer, storing or processing of your personal information outside of Australia.

You acknowledge and understand that by providing such consent:

• Jetts won’t need to take steps as are reasonable in the circumstances to ensure such third parties comply with APPs; 

• if the overseas recipient handles your personal information in breach of the APPs, Jetts will not be liable under the Act and you will not be able to seek redress under Act.

• the overseas recipient may not be subject to any privacy law or principles similar to the APPs;

• you may be unable to seek redress overseas;

• the overseas recipient is subject to a foreign law that could compel the disclosure of personal information to a third party, such as an overseas authority.

If you withdraw consent, Jetts will not rely on this consent when dealing with your personal information going forward.

1. Definitions

(a) Access Pass means your membership card allowing you to enter the Club.

(b) Access Pass Fee means the Access Pass Fee specified in the Agreement.

(c) Agreement means this membership agreement made between you and Jetts incorporating the documents referred to in clause 2(b).

(d) Billing Account means the bank account or credit card nominated by you to have your direct debit Membership Fees deducted from.

(e) Club means the Jetts gym as specified in your Membership Agreement or any such Club that your membership may be transferred to.

(f) Club Access means the initial Joining Fee and Access Pass Fee specified in the Agreement.

(g) Club Rules mean the Club rules as amended from time to time, which are located at the Club.

(h) DD Membership means a weekly membership, with recurring fortnightly direct debit payments.

(i) DD Membership Fee means the fortnightly fee payable for the DD Membership inclusive of any Payment Provider fees.

(j) Dishonour Fee means a $10.00 fee.

(k) Fighting Fit Pre-Workout Questionnaire means the pre-workout questionnaire that the member is required to complete prior to using the Club.

(l) Foundation Member means a Member that has a Foundation Membership as categorised by this Agreement.

(m) Jetts means the entity specified on your Membership Agreement and includes its heirs, estates, agents, representatives, officers, directors, shareholders, successors, affiliates, subsidiaries and employees.

(n) Joining Fee means the fee specified in the Agreement.

(o) J Series App means the Jetts App, MINDBODY, Incorporated.

(p) J Series means the J Series group fitness sessions offered by Jetts to Members 

(q) Member means the individual who has entered into this Agreement with Jetts.

(r) Membership Agreement means the form provided to you by Jetts requiring you to provide the relevant details to Jetts (e.g. name, address, payment card details) relating to your membership.

(s) Membership Fees means the fees that are due and payable by you pursuant to this Agreement.

(t) Minor means members under the age of 18.

(u) Paid In Advance (PIA) Membership means Members that have paid in advance according to the level of PIA membership as specified in this Agreement.

(v) Payment Agreement means the Agreement between you and us permitting our Payment Provider to provide the direct debit and credit card payment facilities to you on our behalf in accordance with the Payment Provider’s Direct Debit Service Agreement.

(w) Payment Provider means the payment provider specified from time to time by Jetts, which is currently Ezidebit unless Jetts otherwise specifies.

(x) Payment Provider’s Direct Debit Request Service Agreement means the Payment’s Provider’s service agreement provided to you by Jetts.

(y) Policies means the Jetts membership policies as amended from time to time, which are located at www.jetts.com.au/policies and available at your Club on request.

(z) Privacy Policy means the Jetts privacy policy which is available at www.jetts.com.au/clubs or by emailing [email protected]

(aa) Products means any products that are purchased pursuant to Jetts sale of goods terms and conditions.

(ab) Staffed Hours means the hours for the Club, which are located at the entrance to the Club or at www.jetts.com.au/clubs  Jetts reserves the right to change the Staffed Hours at any time without notice.

(ac) Written Notice means notice in writing, given in person, by email or post to the parties’ last known address.

2. Terms and Conditions

(a) Your membership is governed by this Agreement.

(b) This Agreement incorporates these terms, the Membership Agreement, the Policies, the Club Rules and the Privacy Policy.

(c) Accepting this Agreement does not automatically entitle you to a membership as your application may be subject to further review by Jetts.

(d) Jetts reserves the right, in its sole discretion, to amend this Agreement.

(e) Jetts holds, so far as a provision of this Agreement is for the benefit of a third-party that provision on trust for the relevant third-party. 

3. Membership

(a)  Nature of Membership Your membership permits you to use Jetts’ premises, facilities, equipment and services as shown and limited by the membership identified. Your membership is non-transferable by you unless deemed appropriate by Jetts.

(b)  Change to Details You must provide Jetts with any changes to your details, which are relevant to your membership in writing.

(c)  All Club Privileges Subject to clause 18, your membership entitles you to utilise “Jetts” branded clubs, as listed on the website.

(d)  Membership Hold Jetts will only hold your membership in accordance with the requirements of the Jetts Membership Hold Policy available at the Club or at www.jetts.com.au/clubs

(e) Membership Transfer – Paid in Advance (PIA)  A Member may transfer their PIA membership in accordance with the Membership Transfer Policy available at the Club or on www.jetts.com.au/policies

(f)   Membership Transfers - Direct Debit (DD) Members who pay fortnightly can transfer their membership in accordance with the Membership Transfer Policy available at the Club or on www.jetts.com.au/clubs

(g)  Foundation Membership Members who duly complete and agree to this Agreement prior to the Club opening date are defined under the Policies as a Foundation Member. A Foundation Member has the privilege of maintaining the same membership price for the life of this Agreement. Termination of Foundation Membership privileges is effective on the date Jetts advises the member by Written Notice. Jetts reserves the right to terminate a Foundation Member’s privileges in the event of the following:

(i) A PIA membership is not renewed prior to its expiry date;

(ii) A PIA membership is transferred to non-Member; or

(iii) A PIA membership is cancelled or terminated; or

(iv) A DD membership is cancelled or terminated; or

(v) A DD membership is in arrears; or

(vi) A DD membership is transferred in accordance with the Membership Transfer Policy; or

(vii) A member’s conduct is improper, harmful or illegal and contrary to the best interest of Jetts and / or its Members. 

4. Payments

(a) You agree to pay all Membership Fees as set out in this Agreement and agree to be bound by the direct debit terms and conditions as described in the Payment Agreement and the Payment Provider’s Direct Debit Request Service Agreement.

(b) For a DD Membership you must make your payments on a fortnightly basis in advance.

(c) For a PIA membership, you must pay your membership in advance according to your level of PIA membership as indicated by Jetts to you.

(d) For all memberships you must make payment of the Club Access and pro-rata amount in advance and the balance of the Membership Fees by way of direct debit (or if PIA by way of credit, cash or EFTPOS).

(e) You must provide to Jetts, in the form requested by Jetts, a Payment Agreement authorising Jetts’ Payment Provider to debit the Membership Fee due for each direct debit period from your Billing Account.

(f) Jetts will endeavour to contact you by phone, sms or email to inform you of any overdue payments. In the event that Jetts cannot contact you, it will provide you with Written Notice of overdue payments.

(g) A Member will be charged a Dishonour Fee in the event that a fortnightly direct debit payment is dishonoured by their financial institution.

(h) A Member will be charged a $29.00 fee if their Access Pass is damaged or lost and requires replacement.

(i) Additional fees (being bank charges or administrative charges incurred by the Payment Provider) will apply for any overdue or late payments.

(j) If there are repeated failures to meet your payment obligations (other than through the fault of Jetts or its Payment Provider), without prejudicing Jetts’ rights to recover any overdue payments, your membership may be suspended or terminated by Written Notice to you.

(k) You acknowledge and agree that Jetts may change its Payment Provider and that Jetts and/or the current Payment Provider may, in their sole discretion, assign or novate all existing Payment Agreements to a new payment provider. In the event that Jetts or the current Payment Provider assigns or novates the existing Payment Agreements to a new payment provider, you consent to Jetts or the current Payment Provider providing your personal information (including, but not limited to your payment details, to its new payment provider) in accordance with this Agreement and Jetts’ Privacy Policy.

(l) Jetts reserves the right, at any time, to change the Membership Fees charged to Members for use of the Club facilities. Jetts agrees to use reasonable endeavours to provide you with Written Notice of the changes. The changes will take effect 30 days after the Written Notice has deemed to be been received by you. We deem receipt to have occurred 2 business days after the Written Notice was sent. At the end of the 30 day period, you authorise Jetts and/or the Payment Provider to debit the new amount to your account.

(m)  If you opt in for a J Series membership and are on a DD Membership, the DD Membership Fee for both membership types will occur on the same date. 

(n) If you are a PIA Member you can only opt into a J Series membership for the remainder of the PIA Membership term so that the J Series membership aligns with the PIA Membership subscribed to prior to the J Series upgrade. 

(o) If you are on a DD Membership you may cancel your J Series membership at any time provided you request your membership be downgraded in writing to Jetts. 

(ii) Your reduced financial obligations due to a membership downgrade will apply on and from the date that the Written Notice has been processed and accepted by Jetts.

5. Minimum Age

(a) All Members of Jetts must be a minimum of 14 years of age. All Minors must have a parent or legal guardian agree to the terms of this Agreement. All Minors must attend the Club to obtain a membership.

(b) You must be a minimum of 16 years of age to participate in J Series. 

(c) Minors aged between 14-15 years of age must comply with the restrictions outlined in the Membership Age Policy available at the Club or on www.jetts.com.au/policies

(d) Minors aged 16-17 years of age must comply with the restrictions outlined in the Membership Age Policy available at the Club or on www.jetts.com.au/policies 

6. Staffed Access

(a) A Member may be subject to a Staffed Access only membership, which will only allow them to attend the Club during Staffed Hours.  

7. Access by Non-Members

(a) Jetts only grants Members, unless otherwise specified in this Agreement, access to the Club. No Member is permitted to bring a non-Member into the Club.

(b) If a Member breaches clause 7(a) of this Agreement, the Member acknowledges that:

(i) they accept responsibility and liability on their personal behalf for any injury, loss or damage attributed to the non-Member whether or not caused through the negligence of Jetts;

(ii) the act of bringing a non-Member into the Club constitutes automatic acceptance by the Member of a new membership for the non-Member. The Joining Fee and Access Pass Fee, in addition to the DD Membership Fee, will be charged to the Member in the following ways:

(1) for a Member who holds a DD Membership, this amount will be deducted from their nominated bank account; and

(2) for a Member who holds a PIA Membership, the Member will receive an invoice for this amount;

(iii) payment of the amount in accordance with the clause above will entitle the non-Member to use the Club for one fortnight;

(iv) in order for the non-Member to take advantage of the new membership, they will need to attend the relevant Club and comply with all of the obligations that all new Members are required to comply with pursuant to this Agreement; and

(v) Jetts reserves the right to terminate the membership of the Member who brings a non-Member into the Club.

8. Orientation

(a) It is a condition of this Agreement that you participate in a scheduled Member orientation program.

(b) The orientation focuses on various aspects of the Club including, but not limited to, Club layout, amenities and entry and exit areas.

(c) Jetts may suspend or terminate this Agreement in the event of unsatisfactory completion of the Club orientation prior to the commencement of exercise.

(d) You acknowledge and agree that "Jetts" branded clubs may have different equipment and/or a different layout. You acknowledge and represent to Jetts that you will seek assistance from Jetts personnel before using equipment that is unfamiliar to you.

9. Physical Condition

(a) It is your responsibility not to use any equipment or to participate in J Series sessions if they may adversely affect any medical condition. 

(b) You hereby represent to your Club and Jetts and their directors, officers, employees, contractors and agents that, to the best of your knowledge, you do not have any physical, medical or other disability or condition which may be affected or aggravated by, or which may result in any sickness, injury or death to you as a result of, your use of the Club or its facilities.

(c) If you have any health or medical concerns now or after you join as a Member of the Club, you must discuss them with your doctor before using the equipment or the Club.

(d) You acknowledge that Jetts did not give you any medical advice before you used the equipment or participated in J Series sessions, and cannot give you any medical advice after you use the equipment. 

10. Fighting Fit Pre-Workout Questionnaire

(a) It is a condition of membership with Jetts that each Member, prior to using the Club, has to complete the Fighting Fit Pre-Workout Questionnaire.

(b) You will not be permitted to use the Club until you have completed the Fighting Fit Pre-Workout Questionnaire.

(c) Jetts reserves the right to restrict, suspend or terminate your membership if Jetts is of the reasonable opinion that you are unfit to utilise the Club on a 24/7 basis. If your membership is restricted or suspended for this reason, your membership will not be reinstated until you provide Jetts with a medical certificate confirming that you are fit to train.

11. Video and Audio Surveillance

(a) For security purposes, Jetts uses video and audio surveillance equipment to monitor the Club on a 24 hour basis.

(b) By accepting this Agreement you acknowledge that by accessing any “Jetts” branded club you will be subject to video and audio surveillance and recording.

(c) Video and audio surveillance is limited to the floor area only, and is not within the walls of the bathrooms or assessment rooms.

 12. Equipment

(a) You understand and acknowledge that Jetts purchases or leases the equipment from a third party and therefore does not manufacture any of the fitness or other equipment used in the Club.

(b) You understand and acknowledge that Jetts is providing recreational services and may not be held liable for defective products or equipment. 

13. Liability for Property

(a) Jetts is not liable to you for any personal property that is damaged, lost, or stolen while on or around the Club including, but not limited to, a vehicle or its contents or any property left in a locker.

(b) If you cause damage to the Club or any equipment you are liable to Jetts for its cost of repair or replacement.

14. Release and Indemnity

(a) Jetts is entitled to ask you to agree to exclude, restrict or modify its liability for death or any personal injury suffered by you on Club premises, or from the use of our facilities or equipment.

(b) If you accept this Agreement, you agree to restrict the liability of Jetts if you are killed or injured, with the result that compensation may not be payable if you or a third party suffers death or personal injury.

(c) Jetts may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by accepting this Agreement. Even if you accept this Agreement, you may still have further legal rights against Jetts.

(d) A parent or legal guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child's rights.

15. Release and Indemnity (Victoria)

(a) 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 — 

(i) are rendered with due care and skill; and

(ii) are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and

(iii) might reasonably be expected to achieve any result you have made known to the supplier.

(a) Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you accept this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.

(b) You accept that your use of the facilities provided by Jetts or at any “Jetts” branded club is at your own risk and you acknowledge that the use of the facilities may involve risk or injury, whether caused by you or another party. By accepting this agreement you agree that Jetts will not be liable for any personal injury suffered on club premises, or from using our facilities or equipment.

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.

16. Cooling Off Period

(a)  All new memberships are subject to a cooling off period of 10 business days.

(b)  A request for termination of membership during the cooling off period must be made by Written Notice unless this Agreement is defined as an unsolicited consumer agreement under the Australian Consumer Law, in which case termination may be written or oral.

(c) For any membership terminated validly during the cooling off period, Jetts will refund to you the total of all Membership Fees. 

17. Your Right to Terminate Your Membership

(a) You may terminate your membership at any time on the following basis:

(i) You provide a request for termination of your membership in writing to Jetts.

(ii) If your request for termination is for reason of permanent sickness or physical incapacity and this prevents you from using the Club:

(A) your request must be accompanied by a medical certificate evidencing such permanent sickness or physical incapacity; and

(B) there will be a refund of any unused Membership Fees.

(iii) In the event of death, your estate must provide written evidence in the form of a death certificate and all unused Membership Fees will be refunded.

(iv) If your request for termination is for reasons other than permanent sickness or physical incapacity:

(A) in relation to DD Memberships:

(1) you may terminate your membership at any time;

(2) you must provide Jetts with Written Notice of termination with Jetts processing your termination as follows: (a) Written Notices received before 5pm on a Business Day will be actioned that Business Day or (b) Written Notices received after 5pm or on a day other than a Business Day will be actioned the next Business Day; and;

(3) the Member will not incur any financial obligations under this Agreement on and from the date that the Written Notice has been processed and accepted by Jetts and the Member has a right to continue attending the Club until the Member’s pre-paid period expires.

(B) in relation to PIA Members:

(1) you may not terminate the membership during the prepaid period (or get a refund), unless you suffer from a permanent sickness or physical incapacity as described in clause 17(a)(ii); and

(2) if you do not renew your PIA membership by the renewal date, your membership will automatically expire.

18. Jetts’ Right to Restrict or Terminate Your Membership

(a) Jetts may restrict your membership (including by limiting access to other “Jetts” branded clubs and for limiting access to Staffed Hours) at any time on the following basis:

(i)  concern for the health and/or safety of the Member; or

(ii) non-compliance, improper or harmful conduct engaged in by the Member.

(b) Jetts may terminate your membership at any time on the following basis:

(i) you fail to make any payments of your Membership Fees;

(ii) Jetts reasonably suspects that you are engaging in illegal activity in the Club;

(iii) you fail to follow any of the Policies or Club Rules, or violate any part of this Agreement; or

(iv) your conduct is improper or harmful to the best interest of Jetts Members.

(c) In the event that Jetts terminates your membership in accordance with clause 18(b), termination will be effective on the date that Jetts sends Written Notice. You are liable for all financial obligations until that date. If you are a PIA Member, Jetts will not refund any unused portion of your fees.

(d) Upon termination of your membership by Jetts, you will cease to have access to the Club, and Jetts has the discretion to deny you access to any ”Jetts” branded club. Any money owing to Jetts when your membership ends, remains immediately due and payable and Jetts will deduct the amount outstanding from any refund which you may be eligible. If there is not enough money to cover the amount owing to Jetts, you must pay the balance of the amount owing.

(e) Upon termination of your membership by your election, you may continue to use the Club for any period that you have paid in advance. You will cease to have access to the Club once any period you have paid in advance expires.

(f) Termination or expiration of this Agreement shall be without prejudice to the rights of each party against the other in respect of anything done or omitted under this Agreement prior to such termination or expiration.

19. Termination and Unauthorised Cessation of Direct Debit

(a) If you terminate the Agreement or stop the automatic debit arrangement in a manner not described in the Agreement, then you may be liable to Jetts for any unpaid fees, or fees incurred by Jetts.

20. Assignment

(a) Jetts may assign or novate its rights under this Agreement at any time without prior consent.

21. Risk Warning

(a) Jetts warns that whilst you are on our premises using our Club and recreational services, you are at risk of suffering physical harm or personal injury including broken bones, soft tissue injuries, joint injuries, permanent disability or death. These injuries may occur from you:

(i)    slipping on wet flooring;

(ii)   being struck by weights;

(iii)  colliding with equipment, or other Members;

(iv)  engaging in strenuous exercise and activities; or

(v)   incorrect use of equipment or Club,

(b) You acknowledge that any such injury may result not only from your actions but from the action, omission or negligence of others.

(c) You acknowledge and agree that the above mentioned injuries and potential causes of injuries are not exhaustive, and there are other unknown or anticipated risks that may result in injury, illness or death.

(d) You acknowledge that whilst every attempt is made to ensure that the recreational services and facilities provided by Jetts are safe, there are some significant and inherent risks involved, and you agree that you are participating voluntarily at your own risk and responsibility, thereby exposing yourself to certain risks.

22. J Series

(a) Jetts reserves the right to decrease the number of J Series fitness session at any time without notice, provided that the reduction in sessions are not significantly decreased.

(b) You must book your J Series session in advance through the Jetts App or the Club.

(c) If you cancel any J Series session within one hour of its scheduled start time you will forfeit the session and not receive a refund.

(d) You may purchase J Series sessions through a PIA Membership.

(e) The J Series sessions purchased through a PIA Memberships will expire as follows:

(i) a one (1) session pass will expire after 30 days from the date of purchase; and

(ii) a ten (10) session pass will expire after 6 months from the date of purchase.

1. Definitions

(a) Access Pass means your membership card allowing you to enter the Club.

(b) Access Pass Fee means the Access Pass Fee specified in the Agreement.

(c) Agreement means this membership agreement made between you and Jetts incorporating the documents referred to in clause 2(b).

(d) Billing Account means the bank account or credit card nominated by you to have your direct debit Membership Fees deducted from.

(e) Club means the Jetts gym as specified in your Membership Agreement or any such Club that your membership may be transferred to.

(f) Club Access means the initial Joining Fee and Access Pass Fee specified in the Agreement.

(g) Club Rules mean the Club rules as amended from time to time, which are located at the Club.

(h) DD Membership means a weekly membership, with recurring fortnightly direct debit payments.

(i) DD Membership Fee means the fortnightly fee payable for the DD Membership inclusive of any Payment Provider fees.

(j) Dishonour Fee means a $10.00 fee.

(k) Fighting Fit Pre-Workout Questionnaire means the pre-workout questionnaire that the member is required to complete prior to using the Club.

(l) Foundation Member means a Member that has a Foundation Membership as categorised by this Agreement.

(m) Jetts means the entity specified on your Membership Agreement and includes its heirs, estates, agents, representatives, officers, directors, shareholders, successors, affiliates, subsidiaries and employees.

(n) Joining Fee means the fee specified in the Agreement.

(o) J Series App means the Jetts App, MINDBODY, Incorporated.

(p) J Series means the J Series group fitness sessions offered by Jetts to Members 

(q) Member means the individual who has entered into this Agreement with Jetts.

(r) Membership Agreement means the form provided to you by Jetts requiring you to provide the relevant details to Jetts (e.g. name, address, payment card details) relating to your membership.

(s) Membership Fees means the fees that are due and payable by you pursuant to this Agreement.

(t) Minor means members under the age of 18.

(u) Paid In Advance (PIA) Membership means Members that have paid in advance according to the level of PIA membership as specified in this Agreement.

(v) Payment Agreement means the Agreement between you and us permitting our Payment Provider to provide the direct debit and credit card payment facilities to you on our behalf in accordance with the Payment Provider’s Direct Debit Service Agreement.

(w) Payment Provider means the payment provider specified from time to time by Jetts, which is currently Ezidebit unless Jetts otherwise specifies.

(x) Payment Provider’s Direct Debit Request Service Agreement means the Payment’s Provider’s service agreement provided to you by Jetts.

(y) Policies means the Jetts membership policies as amended from time to time, which are located at www.jetts.com.au/policies and available at your Club on request.

(z) Privacy Policy means the Jetts privacy policy which is available at www.jetts.com.au/clubs or by emailing [email protected]

(aa) Products means any products that are purchased pursuant to Jetts sale of goods terms and conditions.

(ab) Staffed Hours means the hours for the Club, which are located at the entrance to the Club or at www.jetts.com.au/clubs  Jetts reserves the right to change the Staffed Hours at any time without notice.

(ac) Written Notice means notice in writing, given in person, by email or post to the parties’ last known address.

2. Terms and Conditions

(a) Your membership is governed by this Agreement.

(b) This Agreement incorporates these terms, the Membership Agreement, the Policies, the Club Rules and the Privacy Policy.

(c) Accepting this Agreement does not automatically entitle you to a membership as your application may be subject to further review by Jetts.

(d) Jetts reserves the right, in its sole discretion, to amend this Agreement.

(e) Jetts holds, so far as a provision of this Agreement is for the benefit of a third-party that provision on trust for the relevant third-party.

3. Membership

(a)  Nature of Membership Your membership permits you to use Jetts’ premises, facilities, equipment and services as shown and limited by the membership identified. Your membership is non-transferable by you unless deemed appropriate by Jetts.

(b)  Change to Details You must provide Jetts with any changes to your details, which are relevant to your membership in writing.

(c)  All Club Privileges Subject to clause 18, your membership entitles you to utilise “Jetts” branded clubs, as listed on the website.

(d)  Membership Hold Jetts will only hold your membership in accordance with the requirements of the Jetts Membership Hold Policy available at the Club or at www.jetts.com.au/clubs

(e) Membership Transfer – Paid in Advance (PIA)  A Member may transfer their PIA membership in accordance with the Membership Transfer Policy available at the Club or on www.jetts.com.au/policies

(f)   Membership Transfers - Direct Debit (DD) Members who pay fortnightly can transfer their membership in accordance with the Membership Transfer Policy available at the Club or on www.jetts.com.au/clubs

(g)  Foundation Membership Members who duly complete and agree to this Agreement prior to the Club opening date are defined under the Policies as a Foundation Member. A Foundation Member has the privilege of maintaining the same membership price for the life of this Agreement. Termination of Foundation Membership privileges is effective on the date Jetts advises the member by Written Notice. Jetts reserves the right to terminate a Foundation Member’s privileges in the event of the following:

(i) A PIA membership is not renewed prior to its expiry date;

(ii) A PIA membership is transferred to non-Member; or

(iii) A PIA membership is cancelled or terminated; or

(iv) A DD membership is cancelled or terminated; or

(v) A DD membership is in arrears; or

(vi) A DD membership is transferred in accordance with the Membership Transfer Policy; or

(vii) A member’s conduct is improper, harmful or illegal and contrary to the best interest of Jetts and / or its Members.

4. Payments

(a) You agree to pay all Membership Fees as set out in this Agreement and agree to be bound by the direct debit terms and conditions as described in the Payment Agreement and the Payment Provider’s Direct Debit Request Service Agreement.

(b) For a DD Membership you must make your payments on a fortnightly basis in advance.

(c) For a PIA membership, you must pay your membership in advance according to your level of PIA membership as indicated by Jetts to you.

(d) For all memberships you must make payment of the Club Access and pro-rata amount in advance and the balance of the Membership Fees by way of direct debit (or if PIA by way of credit, cash or EFTPOS).

(e) You must provide to Jetts, in the form requested by Jetts, a Payment Agreement authorising Jetts’ Payment Provider to debit the Membership Fee due for each direct debit period from your Billing Account.

(f) Jetts will endeavour to contact you by phone, sms or email to inform you of any overdue payments. In the event that Jetts cannot contact you, it will provide you with Written Notice of overdue payments.

(g) A Member will be charged a Dishonour Fee in the event that a fortnightly direct debit payment is dishonoured by their financial institution.

(h) A Member will be charged a $29.00 fee if their Access Pass is damaged or lost and requires replacement.

(i) Additional fees (being bank charges or administrative charges incurred by the Payment Provider) will apply for any overdue or late payments.

(j) If there are repeated failures to meet your payment obligations (other than through the fault of Jetts or its Payment Provider), without prejudicing Jetts’ rights to recover any overdue payments, your membership may be suspended or terminated by Written Notice to you.

(k) You acknowledge and agree that Jetts may change its Payment Provider and that Jetts and/or the current Payment Provider may, in their sole discretion, assign or novate all existing Payment Agreements to a new payment provider. In the event that Jetts or the current Payment Provider assigns or novates the existing Payment Agreements to a new payment provider, you consent to Jetts or the current Payment Provider providing your personal information (including, but not limited to your payment details, to its new payment provider) in accordance with this Agreement and Jetts’ Privacy Policy.

(l) Jetts reserves the right, at any time, to change the Membership Fees charged to Members for use of the Club facilities. Jetts agrees to use reasonable endeavours to provide you with Written Notice of the changes. The changes will take effect 30 days after the Written Notice has deemed to be been received by you. We deem receipt to have occurred 2 business days after the Written Notice was sent. At the end of the 30 day period, you authorise Jetts and/or the Payment Provider to debit the new amount to your account.

(m)  If you opt in for a J Series membership and are on a DD Membership, the DD Membership Fee for both membership types will occur on the same date. 

(n) If you are a PIA Member you can only opt into a J Series membership for the remainder of the PIA Membership term so that the J Series membership aligns with the PIA Membership subscribed to prior to the J Series upgrade. 

(o) If you are on a DD Membership you may cancel your J Series membership at any time provided you request your membership be downgraded in writing to Jetts. 

(ii) Your reduced financial obligations due to a membership downgrade will apply on and from the date that the Written Notice has been processed and accepted by Jetts.

5. Minimum Age

(a) All Members of Jetts must be a minimum of 14 years of age. All Minors must have a parent or legal guardian agree to the terms of this Agreement. All Minors must attend the Club to obtain a membership.

(b) You must be a minimum of 16 years of age to participate in J Series. 

(c) Minors aged between 14-15 years of age must comply with the restrictions outlined in the Membership Age Policy available at the Club or on www.jetts.com.au/policies

(d) Minors aged 16-17 years of age must comply with the restrictions outlined in the Membership Age Policy available at the Club or on www.jetts.com.au/policies

6. Staffed Access

(a) A Member may be subject to a Staffed Access only membership, which will only allow them to attend the Club during Staffed Hours.  

7. Access by Non-Members

(a) Jetts only grants Members, unless otherwise specified in this Agreement, access to the Club. No Member is permitted to bring a non-Member into the Club.

(b) If a Member breaches clause 7(a) of this Agreement, the Member acknowledges that:

(i) they accept responsibility and liability on their personal behalf for any injury, loss or damage attributed to the non-Member whether or not caused through the negligence of Jetts;

(ii) the act of bringing a non-Member into the Club constitutes automatic acceptance by the Member of a new membership for the non-Member. The Joining Fee and Access Pass Fee, in addition to the DD Membership Fee, will be charged to the Member in the following ways:

(1) for a Member who holds a DD Membership, this amount will be deducted from their nominated bank account; and

(2) for a Member who holds a PIA Membership, the Member will receive an invoice for this amount;

(iii) payment of the amount in accordance with the clause above will entitle the non-Member to use the Club for one fortnight;

(iv) in order for the non-Member to take advantage of the new membership, they will need to attend the relevant Club and comply with all of the obligations that all new Members are required to comply with pursuant to this Agreement; and

(v) Jetts reserves the right to terminate the membership of the Member who brings a non-Member into the Club.

8. Orientation

(a) It is a condition of this Agreement that you participate in a scheduled Member orientation program.

(b) The orientation focuses on various aspects of the Club including, but not limited to, Club layout, amenities and entry and exit areas.

(c) Jetts may suspend or terminate this Agreement in the event of unsatisfactory completion of the Club orientation prior to the commencement of exercise.

(d) You acknowledge and agree that "Jetts" branded clubs may have different equipment and/or a different layout. You acknowledge and represent to Jetts that you will seek assistance from Jetts personnel before using equipment that is unfamiliar to you. 

9. Physical Condition

(a) It is your responsibility not to use any equipment or to participate in J Series sessions if they may adversely affect any medical condition. 

(b) You hereby represent to your Club and Jetts and their directors, officers, employees, contractors and agents that, to the best of your knowledge, you do not have any physical, medical or other disability or condition which may be affected or aggravated by, or which may result in any sickness, injury or death to you as a result of, your use of the Club or its facilities.

(c) If you have any health or medical concerns now or after you join as a Member of the Club, you must discuss them with your doctor before using the equipment or the Club.

(d) You acknowledge that Jetts did not give you any medical advice before you used the equipment or participated in J Series sessions, and cannot give you any medical advice after you use the equipment.

10. Fighting Fit Pre-Workout Questionnaire

(a) It is a condition of membership with Jetts that each Member, prior to using the Club, has to complete the Fighting Fit Pre-Workout Questionnaire.

(b) You will not be permitted to use the Club until you have completed the Fighting Fit Pre-Workout Questionnaire.

(c) Jetts reserves the right to restrict, suspend or terminate your membership if Jetts is of the reasonable opinion that you are unfit to utilise the Club on a 24/7 basis. If your membership is restricted or suspended for this reason, your membership will not be reinstated until you provide Jetts with a medical certificate confirming that you are fit to train.

11. Video and Audio Surveillance

(a) For security purposes, Jetts uses video and audio surveillance equipment to monitor the Club on a 24 hour basis.

(b) By accepting this Agreement you acknowledge that by accessing any “Jetts” branded club you will be subject to video and audio surveillance and recording.

(c) Video and audio surveillance is limited to the floor area only, and is not within the walls of the bathrooms or assessment rooms. 

12. Equipment

(a) You understand and acknowledge that Jetts purchases or leases the equipment from a third party and therefore does not manufacture any of the fitness or other equipment used in the Club.

(b) You understand and acknowledge that Jetts is providing recreational services and may not be held liable for defective products or equipment.

13. Liability for Property

(a) Jetts is not liable to you for any personal property that is damaged, lost, or stolen while on or around the Club including, but not limited to, a vehicle or its contents or any property left in a locker.

(b) If you cause damage to the Club or any equipment you are liable to Jetts for its cost of repair or replacement.

14. Release and Indemnity

(a) Jetts is entitled to ask you to agree to exclude, restrict or modify its liability for death or any personal injury suffered by you on Club premises, or from the use of our facilities or equipment.

(b) If you accept this Agreement, you agree to restrict the liability of Jetts if you are killed or injured, with the result that compensation may not be payable if you or a third party suffers death or personal injury.

(c) Jetts may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by accepting this Agreement. Even if you accept this Agreement, you may still have further legal rights against Jetts.

(d) A parent or legal guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child's rights.

15. Release and Indemnity (Western Australia)

(a) You use the facilities provided by Jetts at the Club at your own risk and acknowledge that the use of the Club may involve risk of injury, whether caused by you or another party. By accepting this Agreement you agree that Jetts will not be liable for any loss, injury, damage or theft of property, belonging to or brought onto Club premises by you, or for any death, personal injury or illness on Club premises, or from using our facilities or equipment.

(b) This release does not apply if your death or injury results from gross negligence on our part.

16. Cooling Off Period

(a)  All new memberships are subject to a cooling off period of 10 business days.

(b)  A request for termination of membership during the cooling off period must be made by Written Notice unless this Agreement is defined as an unsolicited consumer agreement under the Australian Consumer Law, in which case termination may be written or oral.

(c) For any membership terminated validly during the cooling off period, Jetts will refund to you the total of all Membership Fees.

17. Your Right to Terminate Your Membership

(a) You may terminate your membership at any time on the following basis:

(i) You provide a request for termination of your membership in writing to Jetts.

(ii) If your request for termination is for reason of permanent sickness or physical incapacity and this prevents you from using the Club:

(A) your request must be accompanied by a medical certificate evidencing such permanent sickness or physical incapacity; and

(B) there will be a refund of any unused Membership Fees.

(iii) In the event of death, your estate must provide written evidence in the form of a death certificate and all unused Membership Fees will be refunded.

(iv) If your request for termination is for reasons other than permanent sickness or physical incapacity:

(A) in relation to DD Memberships:

(1) you may terminate your membership at any time;

(2) you must provide Jetts with Written Notice of termination with Jetts processing your termination as follows: (a) Written Notices received before 5pm on a Business Day will be actioned that Business Day or (b) Written Notices received after 5pm or on a day other than a Business Day will be actioned the next Business Day; and;

(3) the Member will not incur any financial obligations under this Agreement on and from the date that the Written Notice has been processed and accepted by Jetts and the Member has a right to continue attending the Club until the Member’s pre-paid period expires.

(B) in relation to PIA Members:

(1) you may not terminate the membership during the prepaid period (or get a refund), unless you suffer from a permanent sickness or physical incapacity as described in clause 17(a)(ii); and

(2) if you do not renew your PIA membership by the renewal date, your membership will automatically expire.

18. Jetts’ Right to Restrict or Terminate Your Membership

(a) Jetts may restrict your membership (including by limiting access to other “Jetts” branded clubs and for limiting access to Staffed Hours) at any time on the following basis:

(i)  concern for the health and/or safety of the Member; or

(ii) non-compliance, improper or harmful conduct engaged in by the Member.

(b) Jetts may terminate your membership at any time on the following basis:

(i) you fail to make any payments of your Membership Fees;

(ii) Jetts reasonably suspects that you are engaging in illegal activity in the Club;

(iii) you fail to follow any of the Policies or Club Rules, or violate any part of this Agreement; or

(iv) your conduct is improper or harmful to the best interest of Jetts Members.

(c) In the event that Jetts terminates your membership in accordance with clause 18(b), termination will be effective on the date that Jetts sends Written Notice. You are liable for all financial obligations until that date. If you are a PIA Member, Jetts will not refund any unused portion of your fees.

(d) Upon termination of your membership by Jetts, you will cease to have access to the Club, and Jetts has the discretion to deny you access to any ”Jetts” branded club. Any money owing to Jetts when your membership ends, remains immediately due and payable and Jetts will deduct the amount outstanding from any refund which you may be eligible. If there is not enough money to cover the amount owing to Jetts, you must pay the balance of the amount owing.

(e) Upon termination of your membership by your election, you may continue to use the Club for any period that you have paid in advance. You will cease to have access to the Club once any period you have paid in advance expires.

(f) Termination or expiration of this Agreement shall be without prejudice to the rights of each party against the other in respect of anything done or omitted under this Agreement prior to such termination or expiration.

19. Termination and Unauthorised Cessation of Direct Debit

(a) If you terminate the Agreement or stop the automatic debit arrangement in a manner not described in the Agreement, then you may be liable to Jetts for any unpaid fees, or fees incurred by Jetts.

20. Assignment

(a) Jetts may assign or novate its rights under this Agreement at any time without prior consent.

21. Risk Warning

(a) Jetts warns that whilst you are on our premises using our Club and recreational services, you are at risk of suffering physical harm or personal injury including broken bones, soft tissue injuries, joint injuries, permanent disability or death. These injuries may occur from you:

(i)    slipping on wet flooring;

(ii)   being struck by weights;

(iii)  colliding with equipment, or other Members;

(iv)  engaging in strenuous exercise and activities; or

(v)   incorrect use of equipment or Club,

(b) You acknowledge that any such injury may result not only from your actions but from the action, omission or negligence of others.

(c) You acknowledge and agree that the above mentioned injuries and potential causes of injuries are not exhaustive, and there are other unknown or anticipated risks that may result in injury, illness or death.

(d) You acknowledge that whilst every attempt is made to ensure that the recreational services and facilities provided by Jetts are safe, there are some significant and inherent risks involved, and you agree that you are participating voluntarily at your own risk and responsibility, thereby exposing yourself to certain risks. 

22. J Series

(a) Jetts reserves the right to decrease the number of J Series fitness session at any time without notice, provided that the reduction in sessions are not significantly decreased.

(b) You must book your J Series session in advance through the Jetts App or the Club.

(c) If you cancel any J Series session within one hour of its scheduled start time you will forfeit the session and not receive a refund.

(d) You may purchase J Series sessions through a PIA Membership.

(e) The J Series sessions purchased through a PIA Memberships will expire as follows:

(i) a one (1) session pass will expire after 30 days from the date of purchase; and

(ii) a ten (10) session pass will expire after 6 months from the date of purchase.

Jetts $0 Rejoin Sale May 2021

Offer is available at participating clubs only until 01/06/2021. Only available to previous members of Jetts Australia. Weekly individual membership from $14.95 based on recurring direct debit in advance will commence from rejoin date. The minimum amount payable per member is up to $59.80 for a weekly individual Jetts 24/7 membership. 

50% off Joining Fee April 2021

Offer is available at participating clubs until 4/5/2021. Weekly individual membership from $14.95 based on recurring direct debit in advance will commence from Orientation. A Joining Fee discounted to $44.50 and a one off “Club Access Fee” of $79 applies and is payable for each new membership. The minimum amount payable per member is up to $153.40 for a weekly individual Jetts 24/7 membership.

$21 Start Up Sale April May 2021

Offer is available at participating clubs in Queensland, Victoria and South Australia from 24/04/2021 until 04/05/2021. Weekly individual membership from $14.95 based on recurring direct debit in advance will commence from Orientation. A one off “Club Access Fee” of $21 applies and is payable for each new membership. The minimum amount payable per member is up to $50.90 for a weekly individual Jetts 24/7 membership.

NSW $49 Start Up Sale April May 2021

Offer is available at participating clubs in New South Wales only from 24/04/2021 until 04/05/2021. Weekly individual membership from $14.95 based on recurring direct debit in advance will commence from Orientation. A one off “Club Access Fee” of $49 applies and is payable for each new membership. The minimum amount payable per member is up to $78.90 for a weekly $14.95 individual Jetts 24/7 membership.

Western Australia $21 Start Up Sale April May 2021

Offer is available at participating clubs in Western Australia 01/05/2021 until 11/05/2021. Weekly individual membership from $14.95 based on recurring direct debit in advance will commence from Orientation. A one off “Club Access Fee” of $21 applies and is payable for each new membership. The minimum amount payable per member is up to $50.90 for a weekly individual Jetts 24/7 membership.

$0 Joining Fee May 2021

Offer is available at participating clubs until 1/6/2021. Weekly individual membership from $14.95 based on recurring direct debit in advance will commence from Orientation. A one off “Club Access Fee” of $79 applies and is payable for each new membership. The minimum amount payable per member is up to $108.90 for a weekly $14.95 individual Jetts 24/7 membership.

WIN A $500 PRIZE PACK FOR YOU AND A FRIEND(Each prize valued at $500, total prize value $1,000)

Refer a friend and if they join Jetts, you will both go into the draw to win a $500 prize pack (comprising of BSc, 2XU and Jetts products) each

PROMOTION SCHEDULE

This Schedule sets out the details of the Jetts Fitness Win a $500 prize pack for you and a friend promotion. The Schedule must be read together with the Terms and Conditions of Entry (which follow this Schedule).

Promotion Name

Win a $500 prize pack for you and a Friend (total prize value $1,000) 

Game Type

This is a single lottery based on chance with no fee for entry.Entrants are required to follow the Entry Process below to participate in the Competition. Entrants must comply with the below entry terms to be valid for competition.

Promoter

Jetts Australia, Level 4,  308 - 310 David Low Way, Bli Bli Village (ABN: 85 150 537 885)

Relevant State(s)

NSW, QLD, VIC, WA, SA 

Promotion Period

The Promotion starts at 12:00pm AEDT Sunday 9 May 2021The Promotion closes at 11:59pm AEDT Tuesday 1 June 2021

Eligible Persons

An individual is an ‘Eligible Person’ if they are: 1) Over 16 years old; and 2) An Australian resident. Directors, management, employees, officers and contractors of the Promoter who are directly involved in the management of the Promotion (and their Immediate Families) or of the agencies or organisations associated with this Promotion are ineligible to enter. ‘Immediate Families’ means spouse, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the director, manager, employee, officer or contractor.

Entry Procedure

There is one method of entry into the competition. 

1. Active Jetts Fitness members refer a friend to any Jetts Australia club.

2. The referred friend signs up to a Jetts Fitness club membership, gives details of the Jetts Fitness member who referred them to a Jetts Fitness club manager and either signs up with the referrer in person or ticks a box on a form confirming that the referrer referred the friend to join Jetts Fitness and has consented to entering into this competition. 

3. The Jetts Fitness club manager records the details of both the active member (referrer) and the new member (referred friend) into a Google form.

4. One entry per referred friend.

5. Active members can refer an unlimited number of friends and they will receive a new entry into the draw each time they refer a friend and the friend satisfies the method of entry terms set out above. 

6. If the referred friend joins J Series, this will count as double entry to the draw for both the referrer and referred friend 

Winner will be selected from the Google form at random. 

Entry Restrictions

The entrant is responsible for having full and ongoing access to their email account. Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. The Promoter will consider entries received final. Incomplete, inaccurate, erroneous, ineligible or incomprehensible entries will be deemed invalid. The Promoter accepts no responsibility for late, lost or misdirected entries. Entrants can only enter the promotion in their own name. Entrants who provide incorrect, misleading or fraudulent information are ineligible to participate in the competition and all entries of that entrant, at the discretion of the Promoter, may be deemed invalid. Entries must be submitted in English. In the instance where a person enters more than once, the Promoter reserves the right to render all entries submitted by that entrant invalid. Entrants must be willing to have their name and state published on the Promoter’s Facebook page, Instagram, Twitter or other publication. The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these terms and conditions or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion including without limitation to, the use or suspected use of:a) Receiving multiple entries for the same referred friend across multiple clubs; orb) Offering any type of compensation (monetary or otherwise) in exchange for a prize.

Maximum Number of Entries per Entrant

One entry per referred friend who joins. Active members can refer an unlimited number of friends and they will receive a new entry into the draw each time they refer a friend and that friend satisfies the method of entry terms set out above. 

Judging

Entries will be drawn at random by the Marketing Coordinator. Draw will occur on Friday 4 June at 10:00am AEDT.

Draw will take place at Level 4, 308 - 310 David Low Way, Bli Bli Village QLD 4560. On conclusion of the promotion, the Marketing Coordinator will select a total of 1 winning entry. 

Verification Requirements

The winner will be required to verify their identity and provide proof of age prior to receiving their prize. Identification considered suitable for verification is at the Promoter’s reasonable discretion.

Prize Details

There is one major prize to be won. The Major prize winner and their referred friend will each receive a $500 prize pack. 

Total prize pool is valued at up to AU$1062 (Inc. GST).

The prize packs will each consist of:

1 x K-OS Pre-Workout 300g SSP RRP $39.95

1 x High Protein Low Carb Cookie (Box of 8 Cookies) 65g RRP $36.00

1 x HydroxyBurn Lean5 Low Carb Protein 900g RRP $64.95

1 x Myocytin 1.2kg RRP $59.95

1 x The Holdall Bag White RRP $59.951 x $250 2XU Voucher 

1 x Jetts Shaker $1.90

1 x Jetts Towel $8.25

1 x Jetts Water Bottle $2.30

1 x Jetts Keep Cup $7.50

Prize value is the recommended retail value as provided by the supplier; is in Australian dollars and is correct at competition launch date 9 May 2021. 

Prize Restrictions (if any)

A tax invoice or receipt will not be issued to the Winner. The prize is non-transferable and cannot be exchanged or taken for cash. The Winner agrees to make themselves available for publicity opportunities at the discretion of the Promoter after the collection of the Prize.

Notification of Winners

The winner will be notified via email or telephone no later than two (2) days after the draw.

Prize Claim Date

Prize must be redeemed by 10th September 2021

Claim Instructions

The Prize will be sent to the winner’s nominated home address after validation and acceptance of Prize.

Privacy

By entering the competition, the entrant consents to receipt of any email regarding the competition from the Promoter. All entries become the property of the Promoter. The collection, use and disclosure of personal information provided in connection with this competition are governed by these Terms and Conditions.If an entrant does not truthfully provide all requested personal information, the Promoter may determine that the entrant is not eligible to win a Prize.

TRADE PROMOTIONTERMS AND CONDITIONS OF ENTRY

1. These Terms and Conditions incorporate and must be read together with the Schedule for the Promotion. The Schedule prevails to the extent of any inconsistencies with these Terms and Conditions. Entry into this Promotion constitutes acceptance of these Terms and Conditions.

2. The Promoter is Jetts Fitness Australia, Level 4, 308 - 310 David Low Way, Bli Bli Village QLD 4560 (ABN: 85 150 537 885)

3. Any capitalised terms used in these Terms and Conditions have the meaning given in the Schedule, except where stated otherwise. Unless the contrary intention appears, a reference in these terms to the word “person” includes an individual, a firm, a body corporate, a partnership, a joint venture, an unincorporated body or association, or any government agency or entity.

ELIGIBILITY TO ENTER

4. Entry to the Promotion is open to residents of the Relevant State(s) who are Eligible Persons as described in the Schedule and meet the Entry Restrictions (if any).

ENTRY

5. The Promotion will be conducted during the Promotion Period. To enter the Promotion, entrants must complete the Entry Procedure during the Promotion Period.

6. Entries may only be submitted in accordance with the Entry Procedure and will not be accepted by the Promoter in any other form. Computer generated or other automated entries will not be accepted.

7. All valid entries received during the Promotion Period will be entered in the Promotion, and the prize draw, if the Promotion is a game of chance.

8. Once submitted, the entrant cannot alter or delete their entry.

9. Entrants may enter the Promotion up to the Maximum Number of Entries. Multiple entries (where permitted) must be submitted separately and must each separately meet any product purchase requirement specified in the Entry Procedure (if applicable). Excess entries will be deemed invalid.

10. Entries must be received by the Promoter during the Promotion Period. Email and electronic entries are deemed to have been received at the time of receipt into the Promoter's database and not at the time of transmission by the entrant.

11. If the Promotion involves entry via a website, the cost of accessing the website will be dependent upon the Entrant's individual Internet Service Provider.

12. All Entries (including photographs and videos) become and remain the property of the Promoter upon submission and will not be returned to Entrants.

JUDGING OF ENTRIES FOR GAMES OF SKILL

13. Each valid entry will be individually judged (by representatives of the Promoter) based on the Judging Criteria.

14. The prize(s) will be awarded to the valid entrant or entrants (as applicable) whose entry or entries best meet the Judging Criteria, as determined by the judges, in accordance with the Prize Details. Entries that, in the Promoter’s judgment, contain offensive, defamatory or otherwise objectionable or inappropriate material or that infringe any third party rights will be invalid.

13. The judges' decisions are final and no correspondence will be entered into.

PROMOTIONS CONDUCTED VIA A SOCIAL NETWORKING SITE

14. If the Promotion is conducted via the Social Networking Site, entrants acknowledge that the Promotion is in no way sponsored, endorsed, or administered by, or associated with the Social Networking Site.

15. Entrants acknowledge that any information they provide in connection with the Promotion is provided to the Promoter and not to the Social Networking Site.

16. Any questions, comments or complaints regarding the Promotion will be directed to the Promoter and not to the Social Networking Site.

17. Entrants release the Social Networking Site and its associated companies from all liability arising in respect of the Promotion, to the extent allowable by law.

ENTRY CONTENT AND VALIDITY

18. Entrants are required to take full responsibility for the content of their entry and for ensuring that their entry complies with these Terms and Conditions. For the purposes of these content requirements, Entry Materials includes any material (including but not limited to, drawings, artwork, images, text, photos, videos and email messages) that entrants submit, upload, transmit, publish, communicate or use in connection with their entry into the Promotion.

19. Incomplete and illegible entries will be deemed invalid. Entries that breach these Terms and Conditions or any other content guidelines notified by the Promoter during the Promotion Period will also be deemed invalid.

20. Entries submitted by persons who are not Eligible Persons will be deemed invalid. The Promoter may not assess each entry however, winning entries will be scrutinised.

21. If an entry is invalid or if an entrant is unable or refuses to take part in any element of this Promotion, the Promoter reserves the right to discard that entrant’s entry and proceed as if that entrant had not entered the Promotion.

22. If for any reason, the Promoter becomes aware after an entrant has won a prize that the entrant has not complied with these Terms and Conditions or that their entry is otherwise invalid, that entrant will have no entitlement to the prize, even if the Promoter has announced them as a winner and that entrant will be required, at the direction of the Promoter, to return, refund or otherwise make restitution of the prize.

23. Entries must be the entrant’s original work. The Promoter reserves the right to verify, or to require the entrant to verify, that the entry is the entrant’s original work. If an entry cannot be verified to the Promoter’s reasonable satisfaction, the entry will be deemed invalid.

CONSENTS AND PERMISSIONS

24. An entrant’s entry must not include: (a) any image or voice of any other person without that person’s express consent. Entrants warrant that if any such content is included, they have obtained the express consent of the relevant person; (b) any content that contravenes any law, infringes the rights of any person or is obscene, offensive, potentially defamatory, discriminatory, indecent or otherwise objectionable or inappropriate (including but not limited to, any content involving nudity, malice, excessive violence or swearing); and (c) any literary, dramatic, musical or artistic work, any audio-visual or sound recording, or any other item in which copyright subsists, unless the entrant is entitled to do so. If an entrant has any doubts about whether they have the right to include any content (for example, recorded music) they must not include it. By including any such content in their entry, the entrant warrants that they have the permission of the relevant copyright owner to do so and that this permission allows the Promoter to use the entry in accordance with these Terms and Conditions.

25. By entering this Promotion all entrants: (a) consent to the Promoter using and publishing (and authorising others to use and publish) their name, character, likeness, image, voice or anything else that identifies them for the purposes of any promotion or matter incidental to the Promotion, including future similar promotions, and at any time during or after the Promotional Period and via any means (including but not limited to, any national print media, the Promoter's website and any other promotional material); (b) assign (and, if necessary, will in the future assign) all intellectual property rights (including copyright) in their Entry Materials in relation to all media (including but not limited to, the internet) and whether in existence now or created in the future; (c) unconditionally and irrevocably:

(i) consent to any act or omission that would otherwise infringe any of their moral rights in the Entry Materials (as defined in Part IX of the Copyright Act 1968 (Cth)) and present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given;

(ii) waive all moral rights that arise outside Australia; and

(iii) agree not to institute, maintain or support any claim or proceeding for infringement of their moral rights in the Entry Materials;(d) warrant to the Promoter that their entry is the original independent creation of the entrant and free from any claims, including copyright or trade mark claims, by other persons.

26. If the Promotion involves the publication of Entry Materials on a website, the Promoter accepts no responsibility or liability where an entrant’s photos, images or other Entry Materials are downloaded from the website by any persons, and for any matters after such download. The Promoter may, in its absolute discretion, edit, modify, delete, remove or take down any part of an entrant’s entry.

PRIZES - GENERAL

27. If the prize involves a winner meeting or attending a function with a celebrity or other public figure, the Promoter will not be liable for the failure of the winner (and their companion(s), if applicable) to meet that person or failure of that person to attend the function, for whatever reason.

28. The Promoter may, at its discretion, require any person taking, accepting or participating in any prize to be 18 years or over.

29. The Promoter reserves the right to appoint a chaperone to accompany the participants taking the prize. The participants agree to the chaperone being present with them for the duration of the prize and agree to comply with any reasonable directions or guidelines given to them by the Promoter or their chaperone.

30. The prize must be taken as offered and cannot be varied unless authorised by the Promoter. The prize value includes GST and is in Australian dollars and is correct at the time of printing. The Promoter accepts no responsibility for any variation in prize value.

31. Prizes are not transferable, exchangeable or redeemable for cash. Prizes cannot be sold to a third party including, online auctions and private sales. Unused portions of prizes will be forfeited and no compensation will be paid in lieu of that element of the prize.

32. Subject to the approval process required by any relevant gaming or lotteries authority, in the event that any prize item is unavailable despite the Promoter’s reasonable endeavours to procure within Australia, the Promoter reserves the right to substitute a different prize item of equal or greater value, subject to any written directions from any relevant regulatory, judicial or government authority.

33. Where prizes are lost, stolen, damaged or tampered with, for reasons beyond the control of the Promoter, the Promoter is not liable.

34. Without limiting the above terms and conditions, the Promoter may at its absolute discretion, substitute cash for any prize (the amount of cash being equal to the prize value specified in the Prize Details).

35. Except to the extent required by any law, including the Australian Consumer Law, the Promoter and its associated companies make no warranties or representations about the fitness for purpose or suitability of any prize and will not accept responsibility for the quality or fitness for any purpose of any prize or the failure of any prize to be of acceptable quality.

36. Prizes and participation in the Promotion are subject to any terms and conditions imposed by the supplier or organiser of the prize, as applicable.

37. These Terms and Conditions do not exclude or limit the application of any statutory provision (including a provision of the Competition and Consumer Act 2010 (Cth) where to do so would contravene that statute or cause any part of these Terms and Conditions to be void.

PRIZES – PROVISIONS RELATING TO TYPES OF PRIZES

38. The prize(s) are specified in the Prize Details. The prize(s) are subject to any restrictions specified in the Schedule. The total prize pool is specified in the Schedule.

39. If a prize includes vouchers, the vouchers are only valid until the voucher expiry date specified on the voucher or by the provider, and are subject to any terms and conditions imposed by the provider. Once awarded, the Promoter is not liable for any voucher that has been lost, stolen, forged, damaged or tampered with in any way.

40. If a prize includes tickets, including tickets to an event, the tickets are only valid for the date or period specified on the tickets or by the provider, and are subject to any terms and conditions imposed by the provider. Once awarded, the Promoter is not liable for any ticket that has been lost, stolen, forged, damaged or tampered with in any way.

41. If a prize includes travel, the prize must be booked and completed as specified by the Promoter or by the supplier of the prize. If the prize is event based, any travel provided as part of the prize must be taken on the dates specified by the Promoter to coincide with the event. The prize is subject to booking and availability, and is subject to any terms and conditions imposed by the relevant providers. All costs associated with a travel prize which are not expressly stated in the Schedule to be included, including additional spending money, passport and visa costs, transfer costs, meals, taxes, insurance, luggage costs and all other ancillary costs, are the responsibility of the winner. The winner and any travelling companion(s) must depart and return at the same time using the same air carrier. The winner and any travelling companion(s) are responsible for ensuring they have all necessary travel insurance (if not included in the prize) and documents to travel to the relevant place(s) (including passports and visas, if required). Any alterations or extensions to confirmed prize details must be approved in advance by the Promoter (at its sole discretion) and will be at the expense of the winner. The Promoter is not responsible for the cancellation, delay or rescheduling of any part of a travel prize and any costs incurred by the winner or any travelling companion(s) as a result (including accommodation costs) will be the responsibility of the winner. The winner is responsible for ensuring that they and their travelling companion(s) are fit to travel and have received appropriate immunisations and/or health checks prior to taking the prize. It is the entrant’s responsibility to check and prepare for travel warnings and any perceived hazards with appropriate authorities, including www.dfat.gov.au. The Promoter is not responsible for any illness, injury or property damage that affects the winner while undertaking the travel prize.

42. If the prize involves a winner attending an event, if any part of the event is abandoned, called off, varied or postponed for any reason, then at the Promoter’s discretion, the relevant winner (and their companion(s), if applicable) forfeits all rights to attend the relevant event and no cash or alternative tickets will be substituted for that element of the prize. If the event is varied or postponed, the Promoter, where reasonable, will try to vary arrangements to allow the winner (and their companion(s)) to attend the varied or postponed event (unless doing so would involve additional costs to the Promoter).

CLAIMING PRIZES

43. Prizes must be claimed by the Prize Claim Date in accordance with any Claim Instructions set out in the Schedule. If a prize is not accepted by, or failing all reasonable efforts by the Promoter, is not delivered to the prize winner, the relevant winner’s entry will be deemed invalid and the Promoter reserves the right to distribute the unclaimed prizes in accordance with the Unclaimed Prize Arrangements specified in the Schedule, subject to any directions given by any relevant authority. Winners of unclaimed prizes will be notified and have their names and State or Territory of residence published in accordance with the Unclaimed Prize Arrangements, subject to any directions given by any relevant authority.

CANCELLATION OF COMPETITION

44. If, for any reason, the Promotion or any of the prizes are not capable of being run or offered as planned, including but not limited to, infection by computer virus, bugs, tampering, unauthorised intervention, fraud or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, the Promoter reserves the right in its absolute discretion to take any action that may be available to it. Any actions are subject to State and Territory regulations and may include cancellation, termination, modification or suspension of the Promotion.

45. The Promoter may also cancel, suspend or modify the Promotion if the determination of the prize winner or the delivery of the prize is prevented or hindered by any external event beyond the control of the Promoter, including but not limited to, vandalism, power failure, tempest, natural disaster, acts of God, civil unrest, strikes or other industrial action.If the Promotion is not capable of being run as planned, for reasons outlined above, the Promoter will not be liable for any loss or damage of any kind to entrants arising out of any resultant action taken by the Promoter.

PRIVACY AND INFORMATION

46. The Promoter may collect the following personal information provided by entrants when entering or participating in this Promotion (including without limitation in their Entry Materials, transactional information, when you shopped, where you shopped, how you paid and what you purchased, address, phone number, name, age, passport number, drivers licence number, information obtained from any Promotion partners, information you provide when submitting any questions or queries regarding the Promotion) or by entrants doing anything in connection with this Promotion.

47. The Promoter may use your personal information to conduct the Promotion, to ask you questions, to contact you about any matter in connection with the The business or the Promotion, to contact entrants if they are winners, to conduct research and marketing activities (including to inform entrants about special offers, marketing, events, promotions, product launches and other special events and discounts from the Promoter such as new products or promotions and to become part of databases maintained by the Promoter or associated entities), to conduct market research (including to improve and help Promoter better tailor its product and service offering , including developing new products, services, promotional offers and shopping opportunities) and to conduct market research and other forms of analysis, unless the entrant opted out of participating in such activities in the section provided on the entry form, and otherwise in accordance with the Promoter’s Privacy Policy. If you provide your email address or mobile phone number you consent to the Promoter using your email address to email you and/or your mobile telephone number to SMS you for any of the purposes listed above

48. Entrants can advise the Promoter at any time if they no longer wish to participate in any such research and marketing activities. Otherwise, their consent will remain current until specifically withdrawn. The Promoter may disclose entrants' personal information for the above purposes to other companies associated with this Promotion, related bodies corporate of the Promoter, the Promoter's information technology providers and database service providers and other entities which provide research and marketing services to the Promoter.

49. The Promoter may engage other persons or organisations (for example, the Promoter’s suppliers, prize donators, competition and promotion agencies, data mail houses, data processing organisations, marketing researchers, specialist call centres and service providers) to assist the Promoter in carrying out the above purposes. Some of these organisations may be located overseas. Your personal information may be disclosed to such persons or organisations for these purposes and, in providing a service, they may contact you directly. In some circumstances, they may disclose personal information they collected from you to the Promoter or one or more of the purposes already mentioned. The Promoter will hold and use all personal information it collects from third parties about you for the purposes described in this notice.

50. The Promoter may also disclose your personal information as required by law.

51. If entrants do not provide the personal information requested by the Promoter, they may not participate in the Promotion (except where the provision of that information is optional). Winners’ names will be published and retained as required under relevant legislation. An entrant may, at any time, request to access, update or correct any information, or to have their details removed from the Promoter’s database(s) and such request will be considered in accordance with the requirements of the Privacy Act. Such requests should be directed to the Promoter at its address set out in item 2. The Promoter’s Privacy Policy can be viewed atwww.wwrd.com.au/privacy-policy.html.

INDEMNITY AND LIABILITY

52. Unless required by any law, including the Australian Consumer Law, the Promoter, its related bodies corporate and their respective officers and employees, its agents, its contractors, its associated entities and their respective officers will not be liable for any loss (including but not limited to, indirect, special or consequential loss, loss of opportunity or loss of profits), expense, damage, personal injury or death which is suffered or sustained in connection with any part of this Promotion (including entry, collation of entrant details, prize draw and determination of the winner(s)), promotion of this Promotion, use or acceptance of the prize or the prize itself, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum extent allowable by law).

53. If requested by the Promoter, any entrant or winner (and their companion(s), if applicable) (or if an entrant, winner or companion is not an adult, their parent or guardian) must sign an indemnity and exclusion of liability form (provided by the Promoter) in favour of all parties involved in this competition and/or providing the prize prior to undertaking any specified activities forming part of the competition, acceptance or use of the prize or the prize itself. If any entrant, winner, nominated companion or parent/guardian (if applicable) does not sign the indemnity form provided by the Promoter, within the time requested by the Promoter, the relevant entrant’s or winner’s entry or claim will be deemed invalid. Where a winner’s entry or claim is deemed invalid, the prize will be deemed unclaimed and the Promoter has a right to re-draw the prize in accordance with the Unclaimed Prize Arrangements in the Schedule.

54. Without limiting the previous paragraphs, the Promoter, its related bodies corporate, its agents and its associated entities will not be liable for any damage to or delay in transit of prizes.

55. If other entities are conducting the promotion in conjunction with the Promoter, the Promoter is not liable for any error made by the other entity when communicating details of the Promotion, the entry process, the prize draw, the prize, determination of the winner and promoting the Promotion.

GENERAL

56. The Promoter reserves the right in its sole discretion to verify the validity of entries and to disqualify any entrant (or voter if applicable) who tampers with the entry (or voting process), or who submits an entry which is not in accordance with these Terms and Conditions, or who the Promoter has reason to believe has breached any of these Terms and Conditions, or has engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.

57. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

58. The Promoter accepts no responsibility for any tax implications that may arise from acceptance of the prize winnings. Entrants should seek independent financial advice prior to entering the Promotion.

59. The Promoter may at its absolute discretion prohibit an entrant’s participation in this Promotion, cancel or suspend a prize or cease to provide any prize to a winner if the entrant or winner or any companion(s) are, in the reasonable opinion of the Promoter, under the influence of alcohol or drugs, behaving aggressively, disruptively, or in a manner which may diminish the good name and reputation of the Promoter or its products and brands, or are engaging in conduct that is misleading, deceptive, contrary to law or is otherwise inappropriate.

60. The Promoter's decisions in connection with the Promotion are final and no correspondence will be entered into.

61. No responsibility will be taken for unsuitable, lost, deleted, late or misdirected entries. The Promoter is not responsible for technical difficulties with the entry mechanism and does not warrant that the entry mechanism will be available at all times.

62. Entries which are to be published on a website will be subject to a moderation process before being visible on the website.

63. The Promoter may require the winner(s) to provide identification as requested by the Promoter including but not limited to, proof of identity, age, residency, employment, supply to the Promoter or engagement by the Promoter. Identification considered suitable for verification is at the Promoter’s reasonable discretion.

64. Entrants acknowledge that there may be inherent risks in some aspects of the Promotion or the prize and that participation in the Promotion or the prize may involve participating in dangerous activities. By entering this Promotion and/or accepting the prize, entrants accept that risk for themselves and for their companion(s) (if applicable).

65. In order to participate in this Promotion and/or the activities which may be awarded as part of the prize, the winner (and their companion(s), if applicable) must comply with applicable health, fitness, skill, balance, dexterity and any other requirements normally associated with the particular activity. It is the entrant’s responsibility to ensure that they (and their companion(s), if applicable) are sufficiently healthy and fit so as to safely participate in this promotion and/or undertake the activities awarded as part of the prize. The entrant or winner must comply with all requirements and directions of the people responsible for the conduct of the relevant activity and must ensure that their companion(s) also comply (if applicable). If the Promoter reasonably believes that the entrant, winner or their companion(s) will not be able to comply with such requirements, the Promoter may deem the entrant, winner or their companion(s) not sufficiently healthy or fit to participate in the Promotion.