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 QLD. SA, WA

Offer is available at participating clubs until 30/9/2020. 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. 

$29 Start Up Campaign- NSW

Offer is available at participating clubs until 30/9/2020. Weekly individual membership from $14.95 based on recurring direct debit in advance will commence from Orientation. A one off “Club Access Fee” of $29 applies and is payable for each new membership. The minimum amount payable per member is up to $58.90 for a weekly individual Jetts 24/7 membership. 

$29 Start Up Campaign- QLD, WA, SA

Offer is available at participating clubs until 17/8/2020. Weekly individual membership from $14.95 based on recurring direct debit in advance will commence from Orientation. A one off “Club Access Fee” of $29 applies and is payable for each new membership. The minimum amount payable per member is up to $58.90 for a weekly individual Jetts 24/7 membership. 

Your Personal Best Starts Here

Offer is available at participating clubs until 31/3/2020. 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 $123.50 for a weekly individual Jetts 24/7 membership. 

Feb Frenzy

Offer is available at participating clubs until 29/2/2020. “2 Weeks Free” only applies to the weekly individual Jetts 24/7 gym membership. Weekly individual membership from $14.95 based on recurring direct debit in advance will commence 14 consecutive days 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 $79 for a weekly individual Jetts 24/7 membership. 

New Franchise Offer: $20,000 Equipment Bonus

Discount is redeemable upon:

• the execution of a Franchise Agreement for a new Jetts site or;

• an existing Jetts site, when a confirmed order is placed as part of a full Generation 4 refurbishment.

All orders must reflect the equipment shown on the Approved Floor Plan prepared by Jetts Support Office.  All orders must be installed within 12 months. Non-transferable to alternate site or business owner. Exclusively applicable on equipment included on the approved Jetts Generation 4 equipment list, from Matrix, Synergy and Bodytastic. Redeemable on Matrix technology upgrades to cardio equipment that is included on the Jetts approved equipment list, i.e asset management, apple gym kit or virtual active to the value of $15,000. Redeemable on Matrix technology upgrades to strength equipment that is included on the Jetts approved equipment list, i.e intelligent training consoles on the ultra-strength series to the value of $15,000. Redeemable on all Synergy product that is on the Jetts approved equipment list, to the value of $15,000. Redeemable on all Bodytastic product that is on the Jetts approved equipment list, to the value of $5,000.

Valentine Mates Rates

Offer of $0 Joining fee plus $200 bonus value is available at participating clubs until 2/3/2020.  Weekly mates rates membership from $12.95 based on recurring fortnightly direct debit in advance. 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 $104.90 for a weekly individual Jetts 24/7 membership.

Your 2020 Results start here February 2020

Offer is available at participating clubs until 2/3/2020. Weekly individual membership from $14.95 based on recurring fortnightly direct debit in advance. 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 $79 for a weekly individual Jetts 24/7 membership. 

Body Science voucher terms - This one-time use code is for $25 off your total online order with a minimum spend of $100. Valid to 11.59pm AEST 31/03/2020. This coupon can be redeemed online at https://www.bodyscience.com/au only. Cannot be used in conjunction with any other offers, coupons or promotions. No balance will be held once redeemed.

SCHEDULE

Competition Name: Win Jetts National 8 Week Challenge (“the Challenge”)

Promoter

Jetts Fitness Operations Pty Ltd (Jetts Fitness)

ACN 123 921 326

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

Telephone Number: 07 5458 5300

Entry – Residency Restriction Australian residents only

Entry – Age Restriction 18 years or older

Competition Period

Starts 12 AM (AEST) Monday 3 February, 2020 and closes at 11:59AM (AEST) Sunday 30 March, 2020. 

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 13 January, 2020 and Sunday 9 February, 2020 11:59PM (AEST)) or join, rejoin or upgrade to a J Series membership during the presale period 12:00AM (AEST)  Monday 13 January, 2020 and Sunday 9 February, 2020 11:59PM (AEST) 

Additionally, Entrants must create an 8 Week Challenge account once payment for the Challenge has been made in a Jetts Fitness Club and 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. 

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

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

‘Before’ measurement and photos are due by 11:59PM Sunday 9 February, 2020. ‘After’ measurement and photos are due 11:59AM Sunday 30 March 2020. 

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

Judging Criteria

Most successful overall transformation based on images and measurements.

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 6 night trip to Hawaii for 2 adults awarded to the best overall transformation from all of the Challenge entries. 

Includes flights, accommodation and transfers

State prize: 2 x $1,000.00 cash prize for 1 x best male and 1 x best female overall transformation in each NSW, QLD, VIC and WA.

Total prize pool = $18,000

Total Number of Prizes

10; 8 State prizes and 2 National prize.

Determining the Winner(s)

The State Prize Winner(s) will be determined at 12 pm AEST time on Tuesday 31 March, 2020  at 31 Brisbane Road Mooloolaba, QLD 4557.

The National winner will be determined at 12 pm AEST time on Thursday 2 April, 2020 at 31 Brisbane Road Mooloolaba, QLD 4557.

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

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

3. To enter, Entrants must:

1. be an Australian Resident who meets the Content Criteria described in the Schedule;

2. be aged at least 18 years of age to enter;

3.  have consented to these terms and conditions; and

4. comply with the above entry conditions including completion of registration in full including creation of a Jetts 8 Week Challenge Account or J Series Membership during the above Pre Sale Period. 

4. Any entries received after the closure of the Pre Sale Period will not be eligible.

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

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

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

8. The Promoter in its reasonable discretion shall determine the verification tests and procedures. Identification Documents that include a photograph, proof of age, identity, employment and residency may be required. Upon request by the Promoter, a receipt and acknowledgement of these Terms and Conditions must be signed and endorsed by the winning Entrants to indicate his/her understanding and acceptance of these terms. It is the sole responsibility of each winning Entrant to claim their Prize.

9. 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:

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

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

10. 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:

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

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

11. 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, or encourage any other person to do so, including but not limited to; 

• bypass (or attempt to bypass) any security mechanisms imposed by 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; 

• 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. 

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

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

14. Upon entering the competition, the entrant grants the Promoter a license to use the intellectual property associated with their image or creative work and gives the Promoter 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.

15. The Prize Winner agrees to participate and cooperate as required in any publicity activities related to the Competition including but not limited to being interviewed, photographed, recorded and filmed. 

16. 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. 

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

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

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

• Persons with any ongoing physical condition such as: 

• Persons suffering from cancer or other long term illness; 

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

• Persons with eating disorders; 

• Persons with diabetes, blood pressure or cholesterol issues; 

• Elderly persons; 

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

• Persons with a low body mass index; 

should consult with an appropriate healthcare professional before beginning any of these programs.  

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

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

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

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

23. The total Prize pool is $18,000.00.

24. The major Prize Winner will receive the following: 

a) Jetts 8 Week Challenge National Winner - The Jetts 8 Week Challenge Winner will receive 1 x trip to Hawaii for two valued up to $5,000 (“Major Prize”). 

(i) The Major Prize includes economy return flights from the winners’ nearest Australian International airport to Honolulu, Hawaii and includes standard checked in baggage, plus six nights accommodation in four star accommodation, with six daily breakfasts. Accommodation can be upgraded at the winner’s discretion and additional costs are payable by the winner. 

(ii) Unless expressly stated, the prize does not include additional services such as mini bar, in-room service, phone calls, laundry, activities, drinks or any other incidentals or ancillary costs. 

(iii) The Major Prize is non-transferable (unless otherwise agreed by the parties in writing) and non-redeemable for cash, and cannot be exchanged for another itinerary. Jetts Fitness reserves the right to substitute any component of the prize for an itinerary of equal value at their discretion. Should the Prize Winner not be able to complete all aspects of the itinerary within the period of prize validity, the remaining items shall be forfeited without any replacement for their value. 

(iv) The Prize is valid for travel up until 30 June, 2020 and dates are subject to availability. 

(v) Blackouts over peak travel periods apply, including but not limited to Christmas, New Year, school holidays, Chinese New Year, Golden Week and other peak travel periods. 

(vi) The Prize Winner is required to obtain the relevant & suitable travel insurance at their own expense in order to be able to take the competition prize. It is the Prize Winner’s personal responsibility to ensure that they and their plus one have valid documentation, including but not limited to, valid passports, visas, and health requirements, which meet the requirements of immigration and other government authorities at the destination. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be the sole responsibility of the traveller/s. 

(vii) Any additional spending money, flights, meals, insurance, taxes, passports, visas, extra accommodation, items of a personal nature, inoculations, travel to and from departure point, additions to stipulated itineraries and offered flights and all other ancillary costs are the responsibility of the winner. Unless expressly stated, all other expenses become the responsibility of the winner.   

(viii) Jetts Fitness shall not be liable for any 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, in connection with the prize, except for any liability which cannot be excluded by laws.   

(ix) By entering the competition, all entrants will be deemed to have accepted and agreed to be bound by these rules.

25. The Prize Winner(s) will be notified within two (2) business days of the closing date of the competition. The Prize Winner(s) will be contacted individually via email. Within 7 days of the 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 following the draw. Should a Prize Winner not reply confirmation within a week of notification, the winner will alternatively be contacted via phone.

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

27. If after three (3) months from drawing a winner, the Promoter has been unable to contact the winner despite making all reasonable attempts, an alternate winner will be chosen if necessary in the same manner and the reasonableness of the attempts to contact the winner will be at the discretion of the Promoter.

28. By entering this competition, Entrants provide their consent to be subscribed to our e-newsletter.

29. Black-out dates: Black-out dates may apply for any competition or prize that is promoted online or in the magazine.

30. Offer is subject to availability and is not available in conjunction with any other offer.

31. By participating, Entrants agree to accept these terms and conditions and the decisions of the judges, whose decisions are final and binding in all respects. By entering the Jetts 8 Week Challenge you also agree to release, discharge and hold harmless Jetts Fitness and its respective parent, affiliates, subsidiaries, advertising, promotion and internet agencies, 

contractors and their respective officers, directors, employees and agents from any and all damages whether direct or indirect, which may be due to or arise out of participation in the contest or the acceptance, use/misuse or possession of a prize for perpetuity.

32.  It is the responsibility of each Entrant to notify the Promoter of any change to their contract details.

Jetts Aussie Sale - January 2020

Offer is available at participating clubs until 31/1/2020. “One month free” only applies to the weekly individual Jetts 24/7 gym membership. Weekly individual membership from $14.95 based on recurring fortnightly direct debit in advance will commence 28 consecutive days 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 $79 for a weekly individual Jetts 24/7 membership. 

$200 Bonus Value - January 2020

Join or rejoin Jetts between 1 - 31 January to receive $200 bonus value, including a training program and Fit Food guide available in the Jetts member app, a $25 2XU online voucher and a 2 week guest pass to give to a friend or family member.

2XU Voucher terms - This one-time use code is for $25 off your total online order (including outlet) with a minimum spend of $100 after the discount is applied. User must be logged into a valid 2XU account onsite in order to redeem. Create an account or sign-in via https://www.2xu.com/au/my-account. Valid to 11.59pm AEST 29/12/2020. This coupon can be redeemed on https://www.2xu.com/au only, and cannot be redeemed in any 2XU store. Cannot be used in conjunction with any other offers, coupons or promotions. No balance will be held once redeemed. Coupon code may be extended or changed at 2XU’s discretion. For all 2XU conditions please visit: https://www.2xu.com/au/terms-and-conditions.html

2 Week Guest Pass terms - Offer available at participating clubs. 1 pass per person. Valid for 14 consecutive days. Must be 16 years or older. Not to be used in conjunction with any other offer. Existing or past members are ineligible to claim the offer. Pass must be activated by 29 February 2020.

Your 2020 Results start here

Offer is available at participating clubs until 31/1/2020. Weekly individual membership from $14.95 based on recurring fortnightly direct debit in advance. 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 $79 for a weekly individual Jetts 24/7 membership. 

JETTS AT HOME and J SERIES AT HOME | TERMS & CONDITIONS

1. Definitions

For the purposes of these terms and conditions the following definitions apply:

• (a) Affiliates means any of our associated entities as that term is defined in the Corporations Act 2001 (Cth);

• (b) one gender includes each other gender;

• (c) Our, ourselves, us, we, refer to Jetts Fitness Holdings (AUS) Pty Ltd ACN 140 349 640 (“Jetts”) and affiliates who for the purposes of these terms and conditions refer to any person or entity we directly or indirectly own, control or operate, currently or in the future and/or which has a controlling interest in us and/or is an entity who has the right to operate with or on behalf of ourselves;

• (d) Party refers to a party to these terms and conditions and it includes that party's successors, administrators and assignors and where a party consists of more than person, then these terms and conditions bind them jointly and each of them severally;

• (e) Programs means the Jetts at Home and the J Series at Home programs offered to you via the Website;

• (f) Terms and Conditions means these terms and conditions as amended from time to time;

• (g) Website means collectively the website Jetts.com.au, Forum, Programs, products and/or services offered or provided by Jetts;

• (h) You or yours refers to you, the person accessing the Website and agreeing to the terms and conditions of your use of the Website and its contents.

Note in these Terms and Conditions, the single includes the plural and the plural includes the singular.

2. Website

2.1 These Terms and Conditions govern your right to use the Website and your access to and use of the Programs, and/or any products or services acquired in relation to the Programs and/or any links provided on the Website to other websites.

2.2 In downloading or streaming any content from the Website to your computer, you do not receive any ownership rights to such content and by downloading or streaming any content you agree not to use the content for any unlawful purpose and you agree that your use of the Website is only for your personal use and not for any commercial or other use contrary to these Terms and Conditions and our legal rights in respect of the Website, and/or the Programs.

2.3 You agree that if you download or stream any content from the Website you will not reproduce, distribute in person, publish, republish, print, upload to any third party, post on any social media site or forum, or distribute or modify or otherwise deal with any content in the Website in whatever format, personally or otherwise, and/or provide it, or any part of it, to a third party that would otherwise infringe our intellectual property rights.

2.4 You agree that in downloading or streaming any service or product from the Website, you will not rent, lease or lend it to a third party nor decompile, reverse engineer, modify or derive content from the Website and/or make it available over a network where it could be used by multiple devices at the same time.

2.5 You agree that your use of the Website will not violate any laws without limitation, including those governing competition, advertising, consumer protection laws, privacy, obscenity, spamming, stalking, intellectual property rights and/or defamation in Australia and when accessed in another jurisdiction the laws of that jurisdiction and Australian law, so far as the laws are not inconsistent, in which case you agree to be bound by the laws for New South Wales, Australia.

2.6 You agree that in using the Website, you will not post threatening, harassing, defamatory, obscene, offensive, hate mail or speech or facilitate others to commit such acts in whatever format.

2.7 You agree that you will not post comments about the Website, any of its content, its individual representatives, officers, directors, consultants and/or employees without the prior written consent of ourselves.

2.8 The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein, are owned by or licensed to us, subject to copyright and other intellectual property rights under law.

3. Your Access 

3.1 In accessing or using the Website, including any and all webpages, the Programs and/or the Services and products, information, text and images offered or provided on the Website, you are deemed to have read and personally agreed to the Terms and Conditions.

4. Eligibility

4.1 You represent and warrant that you are at least 18 years old. If you are accessing and using the Website or any of the Website's services or products on behalf of a party who is not at least 18 years of age then you are representing that you are that party's legal guardian and you are responsible for that party's compliance with these Terms and Conditions. You will indemnify us for any losses or damage that we suffer as a consequence of the party who is less than 18 years of age failing to comply with these Terms and Conditions.

5. Third parties

5.1 The Website may contain links to websites operated by third parties. Such links are provided for convenience only and Jetts has no liability in connection with your use of any such third party website or any content posted or published on the third party website. We strongly advise you to read any terms and conditions and/or privacy policy of any third-party site that you visit.

6. Warranty

6.1 We make no representations to you in respect of your use of the Programs and/or the products or services offered by the Website, we provide no warranty as to any results or outcomes associated with using the Programs, nor in respect of any use of the products or services offered by the Website.

6.2 You expressly acknowledge that your use of the Website and its products and/or services is at your sole risk.

7. Medical Disclaimer

7.1 We are not a medical organisation and we do not and cannot give or purport to give you any medical advice or assistance in whatever form. Nothing in the Website or anything associated with it should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs. You are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should access and use the Website and/or participate in the Programs and/or its products and services. We encourage you to seek appropriate medical advice or assistance before embarking on any use of the Website, the Programs and/or its products or services.

7.2 You agree that neither we, nor any of our affiliates, service providers and/or suppliers, warrant or make any representation about the contents, products, services or offers referred to in the Website, and specifically do not make any representation about the risks, results, reasonableness, or accuracy or otherwise of such contents, products, services or offers and your use of the Website, the Programs or its products and services, is at your sole risk.

8. Limitation of Liability

8.1 Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall we be liable to you for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury or consequential damages except to the extent such limitation or exclusion of liability is not permitted by law.

9. Our rights to modify services

9.1 You acknowledge that we are entitled at any time, to change, modify, vary, delete or otherwise deal with the Website and/or the Terms and Conditions, as we see fit.

9.2 We will publish any intended changes on the Website and you will be deemed to have accepted such changes based on your continued use of the Website following our publication of the notice of change on the Website.

10. Jurisdiction

10.1 These Terms and Conditions are governed by the laws of Queensland, Australia and you agree to the non-exclusive jurisdiction of the Courts of that jurisdiction and any appeals from those Courts.

11. Indemnity

11.1 You agree to indemnify us to the full extent needed from any and all third party claims, liabilities, costs, expenses including solicitor/client costs on an indemnity basis, that we may incur or suffer as a result of your improper or illegal use of the Website and/or from your breach of any of the Terms and Conditions and/or any facilitation or support by you of a third party causing any loss or damage to us.

11.2 You are required to exercise due care to conform to any Australian laws relating to publication, broadcasting, media controls, advertising standards and social media legal considerations, as they may arise or be applied to you in respect of any content you post in relation to the Website or that by your actions of conduct.

11.3 You agree to indemnify us for any claims, losses, liabilities, costs or expenses ("losses") incurred by us you may cause, or contribute to such losses.

12. General

(a) These Terms and Conditions form the entire agreement between us and you in relation to the Website and your use of it.

(b) Any failure or delay on our part to exercise a power or right we have under these Terms and Conditions (unless in writing to you) does not amount to a waiver of that power or right and will not preclude our entitlement to exercise that power or right at a later date.