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.

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.

October - December Campaigns Friends Frenzy - Free Trial/Pass 2021

Offer is available at participating clubs only until 31/12/2021.

1. 7 Free Pass refers to a 7 day free pass or trial pass offered by the Jetts to non-members allowing access to a Participating Outlet in accordance with these terms and conditions.

2. The “Free Pass” offer is limited to one Free Pass per person and valid for first time Jetts users only who are non-members. The user must live or work in the local area.

3. Prior to accessing the Participating Gym, Free Pass holders must:

4. 1. Provide proof of photo identification;

   2. Provide name, age, address and phone number/email address;

   3. Read, understand and agree to any terms of entry and club conduct; and

   4. Read, understand and agree to any waiver and indemnity required by the Promoter.

5. A Free Pass can only be used in accordance with the Jetts Age Policy which restricts access and usage of certain equipment to minors. The Age Policy can be found at www.jetts.com.au/terms-and-conditions

6. The Free Pass allows access to the selected Participating Outlet during staffed hours only.

7. The Free Pass must be activated before the expiry date on the Free Pass or via the redemption card/letter, and once activated is valid from the first visit date of use of the Free Pass and must be used consecutive days.

8. Free Passes that are not activated before the expiry date are void.

9. The Free Pass is valid only at the Participating Outlet selected at the time of registering for the Free Pass.

10. The Free Pass includes basic club access only including group fitness, weights and cardio (subject to the Jetts Age Policy). Unless expressly stated on the Free Pass, a Free Pass does not include any additional products or services such as personal training, specialist programs such as the 6 Week Challenge, J Series or any additional classes.

11. This offer cannot be used in conjunction with any other offer, it cannot be redeemed for cash. See www.jetts.com.au for these details.

12. The Promoter or the Participating Outlets shall not be liable for any claim, loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for personal injury which is suffered or sustained, except for any liability which cannot be excluded by law and the user of the Free Pass indemnifies the Promoter and the Participating Outlet in relation to any claim, loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury which is suffered or sustained.

$0 Joining Fee 2021

Offer is available at participating clubs until 31/10/2021. 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 individual Jetts 24/7 membership.

Jetts $21 Start Up Sale

Offer is available at participating clubs in New South Wales only until 31/12/2021. 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. 

Jetts $0 Joining Fee + Two Weeks Free Membership

Offer is available at participating clubs until 30/10/2021. Weekly individual membership from $14.95 based on recurring direct debit in advance will commence two weeks from Orientation. A one off “Club Access Fee” of $79 may apply and is payable for each new membership. The minimum amount payable per member is up to $79 for a weekly individual Jetts 24/7 membership.

Jetts $0 Start Up Sale

Offer is available at participating clubs in Victoria only until 31/12/2021. Weekly individual membership from $14.95 based on recurring direct debit in advance will commence from Orientation. The minimum amount payable per member is up to $29.90 for a weekly individual Jetts 24/7 membership.

Jetts PIA sale October 2021

Offer is available at participating clubs until 02/11/2021. The offer is advertised as a 12 month PIA Membership plus 3 months membership free. Three month free membership is a total saving of $162.25. A one-off “Club Access Fee” of $79 may apply and is payable for each new PIA membership. The minimum amount payable per member is $487 for 15 month Jetts PIA membership. A membership valued at $487 on a 15 month contract equates to $9.98 per week. Jetts 24/7 12 month pay in advance membership terms and conditions can be found at https://www.jetts.com.au/terms-and-conditions. Offer does not apply to J Series memberships or Personal Training sessions.

Rest of Year Free - Applies to the following sales

$0 Joining Fee 2021

The $0 Joining Fee Offer is available at participating clubs until 31/12/2021. Weekly individual membership from $14.95 based on recurring direct debit in advance will commence from Orientation OR the period following the Rest of the Year Free Sale. A one off “Club Access Fee” of $79 applies and is payable for each new membership. 

Jetts Frenzy - Rest of Year Free Sale

The Jetts Frenzy Offer is only available at participating clubs from 9/11/2021 until 11/11/2021. Weekly individual membership from $14.95 based on recurring direct debit in advance will commence from 1/01/2022. A one off “Club Access Fee” of $79 applies and is payable for each new membership. A $0 Joining Fee also applies to this offer at participating clubs. The total campaign saving is $0 Joining Fee + 8 x direct debits occurring fortnightly on a Tuesday accumulates an actual saving: $208.60

Black Friday - Rest of Year Free Sale

The Jetts Black Friday sale is only available at participating clubs from 26/11/2021 until 28/11/2021. Weekly individual membership from $14.95 based on recurring direct debit in advance will commence from 1/01/2022. A one off “Club Access Fee” of $79 applies and is payable for each new membership. A $0 Joining Fee also applies to this offer at participating clubs. The total campaign saving is $0 Joining Fee + 7 x direct debits occurring fortnightly on a Friday accumulates to an actual saving: $193.65.

Cyber Monday  - Rest of Year Free Sale

The Jetts Cyber Monday Sale is only available at participating clubs from 29/11/2021 until 30/11/2021. Weekly individual membership from $14.95 based on recurring direct debit in advance will commence from 1/01/2022. A one off “Club Access Fee” of $79 applies and is payable for each new membership. A $0 Joining Fee also applies to this offer at participating clubs. The total campaign saving is $0 Joining Fee + 5 x direct debits occurring fortnightly on a Friday + Free Training Program (valued at $30) accumulates to an actual saving: $193.75.

J Series Offers - WA Only

$9.95 J Series Membership Upgrade - WA Only *Offer is available at participating  J Series clubs and can only be activated at point of sale until 31/10/2021.This offer is available to current Jetts members. Weekly individual membership starts from $24.90 based on recurring fortnightly direct debit in advance J Series Membership Upgrade of $9.95 plus a weekly Freedom Membership of $14.95.

$19.95 J Series HIIT Only Membership - WA Only *Offer is available at participating J Series clubs and can only be activated at point of sale until 31/10/2021.  Weekly J Series HIIT Only Membership of $19.95 is based on recurring fortnightly direct debit payments in advance. The minimum amount payable per new member is up to $39.90 for a weekly J Series HIIT Only Membership.  

$99 for 10 J Series Sessions - WA Only *Offer is available at participating  J Series clubs and can only be activated at point of sale  until 31/10/2021. A 10 session pass is valid for 10 J Series sessions and must be redeemed within 6 months from the purchase date. The package must be prepaid before attending a J Series session. Session packs are non-transferable to any person other than the purchaser. 

TRADE PROMOTION

TERMS 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.

SCHEDULE

Competition Name 

Jetts 6 Week Challenge (“the Challenge”)

Promoter 

Jetts Fitness Operations Pty Ltd (Jetts Fitness) 

ACN 123 921 326 

Address: c/- Wardle Partners Pty Ltd, 42 Bulcock St, Caloundra QLD 4551 

Telephone Number: 07 5458 5300

Entry – Residency Restriction 

Australian residents only

Entry – Age Restriction 

18 years or older

Competition Period 

Starts 12 AM (AEST) Monday 25 October, 2021 and closes at 11:59AM (AEST) Saturday 4 December, 2021.

How to Enter 

Entrants must: 

1. Choose to participate in the Challenge conducted in Jetts Fitness Clubs; and 

2. Make a minimum payment of $69; and 

3. Register within the presale period (12 AM (AEST) Monday 4 October, 2021 and Monday 8 November, 2021 

11:59PM (AEST)) or join, rejoin or upgrade to a J Series membership during the  presale period (12 AM (AEST) Monday 4 October, 2021 and Monday 8 November, 2021 11:59PM (AEST)

‘Before’ photos must be taken prior to the challenge start in a Jetts club by a Jetts Fitness staff member. ‘After’ photos must also be taken in a Jetts club by a Jetts staff member. Selfies or low quality images will not be accepted by Jetts Fitness as acceptable to be in the running to win the Club Challenge prize. ‘Before’ and ‘After’ photos must be of the same orientation, with no stage poses. Photos must be the original images and must not be edited or altered in any manner, which includes adjusting the lighting of the photos. Photos must be taken in the manner and by the due date determined by Jetts Fitness. 

Entrants must also submit ‘before’ and ‘after’ waist, chest and hip measurements and ‘before’ and ‘after’ weight measurements for challenge entry to be valid.

If Jetts Fitness reasonably believes or suspects that photos, body measurements or any other information submitted to Jetts Fitness has been edited, altered or adjusted in any manner, then Jetts Fitness may disqualify an Entrant without notice. Jetts Fitness will only consider those entries submitted to them via the registered online challenge portal. 

‘Before’ measurements and photos are due by 11:59 PM Monday 25 October 2021. ‘After’ measurement and photos are due 11:59AM Saturday 4 December 2021. 

Entrants must not use any illegal medications or drugs, including banned substances as defined by the World Anti-Doping Agency. Prescription medicine is only permitted when prescribed by a health professional for legitimate medical conditions.

Judging Criteria 

Most successful overall transformation based on images and measurements determined by the individual participating Jetts Clubs.

Are multiple entries permitted?

No

Prize(s) – description 

Club prize: a prize for 1 x best male and 1 x best female overall transformation will be presented by the Club to a minimum value of $200. 

Determining the Winner(s) 

The 6WC Club Prize Winner(s) will be determined by the Club at which you registered to complete the challenge. The club winner(s) will be determined before 12 pm AEST time on Saturday 4 December 2021. 

Notifying Winners 

The Prize Winner(s) will be notified within two (2) business days of the closing date of the competition (“notification”). The Prize Winner(s) will be contacted individually via telephone and email. Should a Prize Winner not reply with confirmation or acknowledgement within a week of notification, the winner will alternatively be contacted via phone.

6 Week Challenge Terms and Conditions - 2021-2022

1. Information about prizes and how to enter form part of these Terms and Conditions. Entry into the Competition is deemed full acceptance of these Terms and Conditions. For the avoidance of doubt, the Terms and Conditions include the Schedule above. To the extent of inconsistency between the Schedule and these Terms and Conditions, the Schedule prevails. 

2. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. The Promoter also reserves the right to reject or disqualify Entrants from continuing to participate in the Challenge. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. 

3. To enter, Entrants must: 

a. be an Australian Resident who meets the Content Criteria described in the Schedule; b. be aged at least 18 years of age to enter; 

c. have consented to these terms and conditions; 

4. All Entrants acknowledge that even if the Promoter only learns of a person’s ineligibility after the Promoter has appeared to award the Prize to the ineligible person, it may require the entrant to return the Prize or payment of its full value to the Promoter to be dealt with as an unclaimed Prize. 

5. Employees, directors, management, licensees and contractors of the Promoter, its related companies and agencies associated with this promotion, the immediate families of the above-listed persons, and suppliers to the Promoter are ineligible to enter. 

6. This is a game of skill with the winners being determined by a panel of judges determined by the Jetts Club. 

7. The Promoter in its reasonable discretion shall determine the verification tests and procedures. Identification Documents that include a photograph, proof of age, identity, employment and residency may be required. Upon request by the Promoter, a receipt and acknowledgement of these Terms and

Conditions must be signed and endorsed by the winning Entrants to indicate his/her understanding and acceptance of these terms. It is the sole responsibility of each winning Entrant to claim their Prize. 

8. If the Promotion is promoted on Instagram, the Promotion is in no way sponsored, endorsed, administered by or associated with Instagram and each Entrant agrees to grant Instagram a complete release from any claims that they now have or may have in the future which relate to or are incidental to the promotion. Entrants acknowledge and agree that: 

a. Any information they provide in connection with the Promotion is provided to the Promoter and not to Instagram or any other social network; and 

b. Any questions, comments or complaints regarding the Promotion will be directed to the Promoter, not to Instagram or any other social network. 

9. If the Promotion is promoted on Facebook, the promotion is in no way sponsored, endorsed, administered by or associated with Facebook and each entrant agrees to grant Facebook a complete release from any claims that they now have or may have in the future which relate to or are incidental to the promotion. Entrants acknowledge and agree that: 

a. Any information they provide in connection with the promotion is provided to the Promoter and not to Facebook or any other social network; and 

b. Any questions, comments or complaints regarding the promotion will be directed to the Promoter, not to Facebook or any other social network. 

10. The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to; agents, contractors, service providers and prize suppliers. Entry is conditional upon providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning Entrants. Entrants should direct any request to access, update or correct information to the Promoter. All entries become the property of the Promoter. 

11. The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to; agents, contractors, service providers and prize suppliers. Entry is conditional upon providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing,

publicity, research and profiling purposes, including sending electronic messages or telephoning Entrants. Entrants should direct any request to access, update or correct information to the Promoter. All entries become the property of the Promoter. Entrants consent to the use and disclosure of their personal information by the Promoter in accordance with its Privacy Policy and for the purposes of this competition. 

12. Entrants agree to receive all forms of communications from the Jetts Fitness National Support Office Team if required. This may include SMS messages, emails, social media messages sent to their profile page or phone calls if required to advise participants of important information pertinent to the Challenge. 

13. The Promoter, its contractors, employees and agents, shall not be liable for any claims, losses, damages, injuries, costs and expenses suffered, sustained or incurred (including but not limited to indirect or consequential loss) as a result of, arising out of or in any way connected with the promotion and/or its Prize, except for liability that cannot be excluded by law. Entrants assume all risk of injury, harm or loss of any kind arising from participation in the Challenge. Tax implications may arise from the receipt or use of a Prize. Independent financial advice should be sought. 

14. By participating in this Competition, Entrants acknowledge that a moderate level of fitness is required to follow the exercise programs. Individuals with pre-existing medical conditions, in poor health, or with any concerns as to commencement of a new fitness regime including by not limited to the following: 

• Women who are pregnant and/or breastfeeding or who are trying to conceive a child; 

• Persons with any ongoing physical condition such as: 

• • Persons suffering from cancer or other long term illness; 

  • Persons with liver disease, kidney disease, or renal failure, 

  • Persons with eating disorders; 

  • Persons with diabetes, blood pressure or cholesterol issues; 

  • Persons recovering from or recently recovered from illness or injury; or 

  • Persons with a low body mass index; should consult with an appropriate healthcare professional before beginning any of these programs. 

15. Entrants that it is their responsibility to seek advice from appropriate health professionals before undertaking the Challenge. The information on the Website is not a substitute for obtaining specific advice from a qualified healthcare professional. In particular, if the Entrant falls within one of the following classes of persons, they agree to first consult a healthcare professional before following any exercise programs or using any of the information on the Website.

16. Entrants who do not fall into any of the classes listed in clause 18, acknowledge that the service that we provide on the Website is an information service only and that they are solely responsible for ensuring their suitability for any exercise program or regime that Jetts Fitness provide as part of the information service. Jetts Fitness service does not include any supervision or monitoring of Entrant’s activity, and they assume no responsibility for any injuries that Entrants may suffer as a result of following the exercise program or regime. 

17. The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of the Promotion. The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to entrant’s or referrals or any other person’s computer related to or resulting from participation in or up/downloading any materials in this Promotion. 

18. If for any reason this Competition requires modification for reasons, including but not limited to; technical failures, unauthorised intervention, fraud or any other causes beyond the control of the Promoter which corrupts or affect the administration, security, fairness, integrity or proper conduct of this Competition, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, and, subject to any written directions given by the various Lottery Departments, to cancel, terminate, modify or suspend the Competition. 

19. The Jetts Club Prize Winner will receive the following: 

a) Jetts 6 Week Challenge Club Winner - The Jetts 6 Week Challenge Club Winner(s) will receive 1 x prize valued at $200. 

20. The Prize Winner(s) will be notified within two (2) business days of the closing date of the competition. The Prize Winner(s) will be contacted individually via email. Should a Prize Winner not reply confirmation within a week of notification, the winner will alternatively be contacted via phone. 

21. The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers and prize suppliers. Entry is conditional upon providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning Entrants. Entrants should direct any request to access, update or correct information to the Promoter. All entries become the property of the Promoter. Entrants consent to the use and disclosure of their personal information by the Promoter in accordance with its Privacy Policy and for the purposes of this competition. 

22. If after two (2) weeks from drawing a winner, the Promoter has been unable to contact the winner despite making all reasonable attempts, an alternate winner will be chosen if necessary in the same manner and the reasonableness of the attempts to contact the winner will be at the discretion of the Promoter. 

23. By participating, Entrants agree to accept these terms and conditions and the decisions of the judges, whose decisions are final and binding in all respects. By entering the Jetts 6 Week Challenge you also agree to release, discharge and hold harmless Jetts Fitness and its respective parent, affiliates, subsidiaries, advertising, promotion and internet agencies, contractors and their respective officers, directors, employees and agents from any and all damages whether direct or indirect, which may be due to or arise out of participation in the contest or the acceptance, use/misuse or possession of a prize for perpetuity.