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 14-15 years of age must comply with the restrictions outlined in the Membership Age Policy available at the Club or on

    

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

6. Staffed Access

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

7. Access by Non-Members

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

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

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

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

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

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

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

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

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

8. Orientation

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

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

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

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

9. Physical Condition

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

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

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

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

10. Fighting Fit Pre-Workout Questionnaire

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

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

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

11. Video and Audio Surveillance

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

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

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

12. Equipment

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

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

13. Liability for Property

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

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

14. Release and Indemnity

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

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

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

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

15. Release and Indemnity (Queensland)

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

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

16. Cooling Off Period

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

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

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

17. Your Right to Terminate Your Membership

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

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

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

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

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

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

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

(A) in relation to DD Memberships:

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

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

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

(B) in relation to PIA Members:

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

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

18. Jetts’ Right to Restrict or Terminate Your Membership

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

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

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

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

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

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

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

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

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

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

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

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

19. Termination and Unauthorised Cessation of Direct Debit

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

20. Assignment

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

21. Risk Warning

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

1. slipping on wet flooring;

1. being struck by weights;

1. colliding with equipment, or other Members;

1. engaging in strenuous exercise and activities; or

1. incorrect use of equipment or Club,

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

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

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

22. J Series

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

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

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

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

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

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

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

Jetts privacy collection notice

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

1. Jetts Privacy Policy

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

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

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

2. Jetts’ contact details

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

• Email:

   

• Telephone: 07 5458 5300

• Fax: 07 5458 5399

• Post: PO Box 1295, Mooloolaba QLD 4557

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

Jetts may collect your personal information from third parties including:

• your personal trainer;

• market researchers & direct marketing providers;

• parents or guardians of underage members;

• our current members (refer a friend);

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

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

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

No.

5. Why did Jetts collect the personal information?

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

Jetts may use your information for:

• processing & managing membership & franchisee applications;

• facilitating members & casual members gym access;

• marketing activities, research & special offers;

• accurately identifying who is using Jetts’  services;

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

• profiling our members & their interests;

• operating Jetts’ business; and / or

• transferring memberships between clubs.

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

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

7. Sharing your personal information

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

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

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

• banking service providers;

• rewards partner program providers;

• professional or government organisations; and

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

  • planning research & development providers;

  • conference organisers;

  • marketing & communications agencies;

  • mailing houses, freight & courier services;

  • printers & distributors of marketing material;

  • debt collectors & banks;

  • personal trainers; and

  • external advisers (recruiters, auditors & lawyers).

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

8. Does Jetts disclose your personal information overseas?

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

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

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

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

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

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

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

You acknowledge and understand that by providing such consent:

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

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

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

• you may be unable to seek redress overseas;

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

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

1. Definitions

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

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

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

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

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

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

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

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

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

(j) Dishonour Fee means a $10.00 fee.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2. Terms and Conditions

(a) Your membership is governed by this Agreement.

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

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

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

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

3. Membership

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

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

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

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

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

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

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

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

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

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

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

(v) A DD membership is in arrears; or

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

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

4. Payments

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

5. Minimum Age

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

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

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

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

6. Staffed Access

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

7. Access by Non-Members

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

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

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

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

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

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

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

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

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

8. Orientation

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

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

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

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

9. Physical Condition

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

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

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

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

10. Fighting Fit Pre-Workout Questionnaire

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

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

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

11. Video and Audio Surveillance

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

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

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

 12. Equipment

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

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

13. Liability for Property

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

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

14. Release and Indemnity

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

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

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

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

15. Release and Indemnity (Victoria)

(a) Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you — 

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

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

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

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

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

NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.

16. Cooling Off Period

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

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

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

17. Your Right to Terminate Your Membership

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

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

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

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

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

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

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

(A) in relation to DD Memberships:

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

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

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

(B) in relation to PIA Members:

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

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

18. Jetts’ Right to Restrict or Terminate Your Membership

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

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

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

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

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

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

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

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

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

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

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

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

19. Termination and Unauthorised Cessation of Direct Debit

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

20. Assignment

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

21. Risk Warning

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

(i)    slipping on wet flooring;

(ii)   being struck by weights;

(iii)  colliding with equipment, or other Members;

(iv)  engaging in strenuous exercise and activities; or

(v)   incorrect use of equipment or Club,

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

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

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

22. J Series

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

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

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

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

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

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

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

1. Definitions

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

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

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

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

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

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

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

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

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

(j) Dishonour Fee means a $10.00 fee.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2. Terms and Conditions

(a) Your membership is governed by this Agreement.

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

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

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

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

3. Membership

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

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

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

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

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

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

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

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

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

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

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

(v) A DD membership is in arrears; or

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

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

4. Payments

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

5. Minimum Age

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

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

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

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

6. Staffed Access

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

7. Access by Non-Members

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

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

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

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

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

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

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

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

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

8. Orientation

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

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

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

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

9. Physical Condition

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

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

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

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

10. Fighting Fit Pre-Workout Questionnaire

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

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

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

11. Video and Audio Surveillance

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

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

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

12. Equipment

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

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

13. Liability for Property

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

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

14. Release and Indemnity

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

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

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

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

15. Release and Indemnity (Western Australia)

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

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

16. Cooling Off Period

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

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

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

17. Your Right to Terminate Your Membership

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

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

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

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

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

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

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

(A) in relation to DD Memberships:

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

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

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

(B) in relation to PIA Members:

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

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

18. Jetts’ Right to Restrict or Terminate Your Membership

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

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

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

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

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

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

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

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

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

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

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

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

19. Termination and Unauthorised Cessation of Direct Debit

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

20. Assignment

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

21. Risk Warning

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

(i)    slipping on wet flooring;

(ii)   being struck by weights;

(iii)  colliding with equipment, or other Members;

(iv)  engaging in strenuous exercise and activities; or

(v)   incorrect use of equipment or Club,

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

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

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

22. J Series

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

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

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

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

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

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

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

$0 Joining Fee Feb 2021

Offer is available at participating clubs until 28/2/2021. 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.

$21 Start Up Sale Feb 2021

Offer is available at participating clubs only until 03/03/2021. 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 $80.80 for a weekly individual Jetts 24/7 membership. The $21 Start Up offer can only be activated in club and not online.

$0 Rejoin Sale Feb 2021

Offer is available at participating clubs only until 03/03/2021. Only available to previous members of Jetts Australia. Weekly individual membership from $14.95 based on recurring direct debit in advance will commence from rejoin date. The minimum amount payable per member is up to $59.80 for a weekly individual Jetts 24/7 membership.  The $0 Rejoin offer can only be activated in club and not online.

Free 7 Day Trial/Pass 2021

Offer is available at participating clubs only until 28/03/2021.

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:

   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.

4. 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

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

6. 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.

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

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

9. 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.

10. 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.

11. 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.

Competition Name: Win Jetts National 6 Week Challenge

SCHEDULE

Competition Name

Win Jetts National 6 Week Challenge (the “Challenge”, “Promotion” or “Competition”)

Promoter

Jetts Fitness Operations Pty Ltd (“Jetts Fitness”, “we” or “our”)

ACN 150 537 885

Address:  Jetts National Support Office, Tenancy 25, Suite 403, Level 4, Building 2, 308-312 David Low Way, Bli Bli QLD 4560

Telephone Number: 07 5458 5300

Entry – Residency Restriction

Entrants must be Australian residents 

Entry – Age Restriction

Entrants must be 18 years or older

Competition Period

Register within the presale period  (12 AM (AEST) Monday 25 January, 2021 and Sunday 7 February, 2021 11:59PM (AEST)) during the presale period 12:00AM (AEST)  Monday 25 January, 2021 and Sunday 14 February, 2021 11:59PM (AEST). Any entries received after the closure of the Pre Sale Period will not be eligible.

How to Enter

Entrants must:

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

2. Make payment of $69; and

3. Register within the presale period  (12 AM (AEST) Monday 25 January, 2021 and Sunday 7 February, 2021 11:59PM (AEST)) during the presale period 12:00AM (AEST)  Monday 25 January, 2021 and Sunday 14 February, 2021 11:59PM (AEST). Any entries received after the closure of the Pre Sale Period will not be eligible.

4. Create a 6 Week Challenge account once payment for the Challenge has been made in a Jetts Fitness Club. Jetts Fitness will only consider those entries submitted to them via the registered online challenge portal.  

5. Submit a ‘Before’ and ‘After’ photograph to the Challenge online portal. ‘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 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. Submit ‘before’ and ‘after’ waist, chest and hip measurements and ‘before’ and ‘after’ weight measurements by the required dates and times. ‘Before’ measurement and photos are due by 11:59PM Sunday 14 February, 2021. ‘After’ measurement and photos are due 11:59AM Saturday 20 March. The ‘before’ measurements must be submitted to a Jetts staff member prior to the start of the Challenge. 

6. 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.

7. Consent to the Terms and Conditions.  

Judging Criteria

Most successful overall transformation based on images and measurements.

Are multiple entries permitted?

No

Receipt of Entries

The member will be sent a Welcome email upon joining the Challenge and will be required to set up an online account through which transformation pictures and supporting information must be posted.

Prize(s) – description

National prize: 2 x cash prizes of $5,000 awarded to the best overall transformation from all of the Challenge entries (“Prize”). 

Total prize pool = $10,000

Determining the Winner(s)

The National winners will be determined at 12 pm AEST time on Monday 22 March, 2021 at Jetts National Support Office, Tenancy 25, Suite 403, Level 4, Building 2, 308-312 David Low Way, Bli Bli QLD 4560.

 Jetts Fitness reserves the right to substitute any component of the prize for an itinerary of equal value at their discretion.

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.

Publishing Results

Within seven (7) days of the Prize Winner(s) being determined, the name and suburb (or town) of the Prize Winner(s) will be posted on https://www.jetts.com.au/terms-and-conditions/campaign-terms for twenty eight (28) days.

1. Terms and Conditions - The Schedule, information about the Prizes and how to enter form part of these Terms and Conditions. Entry into the Challenge is deemed full acceptance of these Terms and Conditions. To the extent of inconsistency between the Schedule and these Terms and Conditions, the Schedule prevails.

2. Verification and eligibility:

• Jetts Fitness in its reasonable discretion shall determine the verification tests and procedures for entrants. Identification Documents that include a photograph, proof of age, identity, employment and residency may be required. 

• Jetts Fitness 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 tamper with the entry process, or who Jetts Fitness 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. Jetts Fitness’s legal rights to recover damages or other compensation from such an offender are reserved. Failure by Jetts Fitness to enforce any of its rights at any stage does not constitute a waiver of those rights. 

• Employees, directors, management, licensees and contractors of Jetts Fitness, its related companies and agencies associated with this promotion, the immediate families of the above listed persons, and suppliers to Jetts Fitness are ineligible to enter. Persons who are not members of a Jetts club for the duration of the Challenge are not eligible for any prizes associated with this Challenge. 

• If Jetts Fitness determines that an entrant was ineligible for the Challenge at any time, Jetts may require the entrant to return the Prize or pay of its full value to Jetts Fitness to be dealt with as an unclaimed Prize.

4. Contest - Game of Skill: 

• This is a game of skill with the winners being determined by a panel of judges determined by Jetts. Chance plays no part in determining the winner. 

• The winner/s will be determined by Jetts Fitness at its sole discretion. 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.

5. Notifying the winner :

• If after three (3) months from drawing a winner, Jetts Fitness 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 Jetts Fitness.

• Upon request by Jetts Fitness, 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 and Conditions. It is the sole responsibility of each winning entrant to claim their Prize.

6. Instagram - 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:

• any information they provide in connection with the Promotion is provided to Jetts Fitness and not to Instagram or any other social network; and

• any questions, comments or complaints regarding the Promotion will be directed to Jetts Fitness, not to Instagram or any other social network.

7. Facebook - 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:

• any information they provide in connection with the promotion is provided to Jetts Fitness and not to Facebook or any other social network; and

• any questions, comments or complaints regarding the promotion will be directed to Jetts Fitness, not to Facebook or any other social network.

8. Non-disparagement - The entrant agrees not to post or transmit any illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent material of any kind, or any material in contempt of any court or acts of parliament in connection with the Promotion, or encourage any other person to do so, including but not limited to: 

• bypass (or attempt to bypass) any security mechanisms imposed by the Jetts Fitness website and related mobile application (together, the “Website”); 

• harvest or collect email addresses, photographs or personal information of other users; 

• impersonate any person or entity; 

• post or transmit false or misleading material or make any form of misleading or deceptive representation; or

• knowingly post or transmit or permit the posting or transmission of any material, which contains a computer virus or other harmful data, code or material. 

9. Collection of personal information:

• Jetts Fitness collects personal information in order to conduct the Promotion. Personal information relating to you which we collect, use and disclose may include sensitive information, such as information about your health, your details related to how you pay for our services, your age, height and weight. Jetts Fitness 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. Jetts Fitness may, for an indefinite period, unless otherwise advised or you ask us not to, 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 Jetts Fitness. 

• In addition to any reasons that we may separately notify you at the time of collection, we collect, use and disclose your personal information for the reasons set out in our Privacy Policy. We usually disclose personal information that we collect on a confidential basis to our contractors and service providers (including financial service providers) so that they can provide services to us (so that we may provide services to you). You also consent to us using and disclosing information about your age, name, height and weight for the purposes of publicly profiling your fitness on the Website, displaying the results of the Competition, promoting our services and encouraging other members as well as to financial service providers to allow processing of your payments.

• While we store the majority of the personal information that we collect from you in Australia, we may from time to time store some of the information in a computer server located outside of Australia.

• Our Privacy Policy can be viewed at https://www.jetts.com.au/policies/. The Privacy Policy document contains information about how you may access personal information that we hold about you, and how you may complain about a breach of the privacy laws, and how we will deal with such a complaint.

10. Intellectual property - Upon entering the Competition, the entrant grants Jetts Fitness a licence to use the intellectual property associated with their image or creative work and gives Jetts Fitness the rights to use their image or creative work for advertising, publishing or promotional services. To the extent necessary, the entrant waives all moral rights, including the right of attribution.

11. Publicity - The Prize winner agrees to participate and cooperate as required in any publicity activities related to the Competition as required by Jetts Fitness, including but not limited to being interviewed, photographed, recorded or filmed. 

12. Communications to entrants - Entrants agree to receive all forms of communications from the Jetts Fitness National Support Office Team if required via contact points supplied as part of the registration process. This may include SMS messages, emails, messages sent to their Challenge profile page or phone calls if required to advise participants of important information pertinent to the Challenge. 

13. Fitness levels - 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 include without limitation the following, should first consult with an appropriate healthcare professional before beginning the Challenge:

• 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. 

• Elderly persons.

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

• Persons with a low body mass index.

14. Seek advice from medical professionals: 

• Entrants acknowledge 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. Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of a new fitness regime should consult with an appropriate healthcare professional before beginning the Challenge or using any information on the Website. 

• You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our Website. The information on the Website may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified health care professional.

• No information contained in the Website is intended to be used as medical advice and the Website is not intended to be used to diagnose, treat, cure or prevent any medical condition (including any mental health conditions) or for any therapeutic purposes. Before relying on the information on the Website, you should carefully evaluate the accuracy and relevance of the information for their purposes and obtain appropriate professional medical advice.

• Entrants who do not fall into any of the classes listed at clause 13, 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 provided by Jetts Fitness.

15. Breach, disqualification, suspension and termination: 

• If an entrant breaches these Terms and Conditions, we may immediately suspend or terminate your account, without refund, and take appropriate legal action (if we choose) against you alone. Jetts Fitness is entitled to suspend or terminate your use of the Website or membership at any time if Jetts Fitness considers that you have brought, or may bring, the reputation of Jetts Fitness or its members into disrepute.

• Jetts Fitness 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 Jetts Fitness, under the influence of alcohol or drugs, behaving aggressively, disruptively, or in a manner which may diminish the good name and reputation of Jetts Fitness or its products and brands, or are engaging in conduct that is misleading, deceptive, contrary to law or is otherwise inappropriate.

• 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. 

16. Quality of Website - We do not promise that the Website will be error-free or uninterrupted. The Website and its content are delivered on an “as-is” and “as-available” basis. We cannot ensure that files you download from the Website will be free of viruses or contamination or destructive features. Receipt of emails, or other Internet based communications such as via Facebook or Twitter from us cannot be guaranteed. The delivery of video messages is dependent upon third party providers and therefore outside of our control. Low internet connection speeds and/or older operating systems and/or browsers may result in slower page load times and an inability to view videos on the website.

17. Third party content - Jetts Fitness does not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from the products or services including acts, omissions and conduct of any third-party users of the Website, other members, other contributors to the Website, and advertisers or sponsors. Jetts Fitness is not responsible for the products, services, advice, information, actions or failure to act of any third parties referenced on the Website. Where the information made available over the Website contains opinions or judgements of third parties (including advertisers), Jetts Fitness does not purport to endorse the contents of that opinion or advice, nor do we guarantee the accuracy or completeness of that content, and Jetts Fitness will not accept liability for loss or damage arising from your reliance upon any information obtained through this service. It remains the responsibility of entrants to evaluate the accuracy, completeness and usefulness of any such information.

18. Non Jetts services - Members and third parties are not permitted to advertise or promote their products or services, or the products or services of others, on any part of the Website, or its associated forums, without written consent from Jetts Fitness. If in the opinion of Jetts Fitness members or third parties are engaged in advertising, promotion or providing advice to other participants of the Website, then Jetts Fitness reserves the right to suspend or terminate the membership of any member participating in such conduct or to ban any third party from participating on the Website.

19. Final - Jetts Fitness’s decisions in connection with the Promotion are final and no correspondence will be entered into.

20. Directions - The entrant or winner must comply with all requirements and directions of the people responsible for the conduct of the relevant activity forming part of the Challenge and must ensure that their companion(s) also comply (if applicable). If Jetts Fitness reasonably believes that the entrant, winner or their companion(s) will not be able to comply with such requirements, Jetts Fitness may deem the entrant, winner or their companion(s) not sufficiently healthy or fit to participate in the Promotion.

21. Limitation of liability:

• 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.

• 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 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 Challenge or the acceptance, use/misuse or possession of a prize for perpetuity.

• Jetts Fitness, its respective parent, affiliates, subsidiaries, advertising, promotion and internet agencies, contractors and their respective officers, directors, employees and agents and its contractors, employees and agents, are not 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. 

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

• To the extent Jetts Fitness supplies any “recreational services” or “recreational activities” (within the meaning of the Competition and Consumer Act (2010) (Cth) or any State or Territory civil liability or consumer protection legislation), entrants acknowledge that their participation in the recreational services and activities may involve risks, including personal injury and death. Prior to participating in the recreational services and activities, entrants must assess all the risks involved, including risks that may be caused by their own acts or omissions, their health condition, those of other users of the Website and risks that are not known to them or are not readily foreseeable at the time of participating in the recreational services and activities. To the extent permitted and required by law, this is a risk warning pursuant to the various civil liability and consumer protection legislation. You assume all risks in connection with your participation in any recreational services and activities that Jetts Fitness may provide.

• To the maximum extent permitted by law, Jetts Fitness excludes all liability arising from or in connection with any recreational services or activities for: (1) death; (2) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (3) the contraction, aggravation or acceleration of a disease; and (4) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs: (a) that is or may be harmful or disadvantageous to you or the community; or (b) that may result in harm or disadvantage to you or the community, resulting from the supply of recreational services or recreational activities, but Jetts Fitness does not exclude our liability to significant personal injury which is caused by our reckless conduct in the supply of recreational services or activities.

• To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms is excluded.

• 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). 

22. Indemnity - You agree to indemnify us and our employees, agents and subcontractors, from and against any third party claims and all losses, expenses, damages and costs (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred by us, which arises as a result of your breach of these Terms and Conditions.

23. Modifications - 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 Jetts Fitness which corrupts or affect the administration, security, fairness, integrity or proper conduct of this Competition, Jetts Fitness 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. Jetts Fitness reserves the right to withdraw or amend the Competition as necessary due to circumstances outside its control.

24. Newsletter - By entering this Competition, entrants provide their consent to be subscribed to our e-newsletter.

25. Change in contact details - It is the responsibility of each entrant to notify Jetts Fitness of any change to their contract details.

26. Variations - You are bound by the latest version of the applicable Terms and Conditions. We may vary, amend or add to these terms at any time. Where there are material changes to these Terms and Conditions that could adversely affect you or Jetts Fitness members, we will provide you additional notice to you at the time that you access the Website following any variation.

27. Severance - If a provision of these terms is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other terms.

28. Governing law - These terms are governed by the laws in force in New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of that jurisdiction, and courts hearing appeals from those courts.