CrossFit Raven – General Terms and Conditions
By making a booking, becoming a member or otherwise participating in a Fitness Activity or attending the Gym, I agree to be bound by the Terms and Conditions (as defined below). CrossFit Raven reserves the right to amend the Terms and Conditions at any time. Any amendment to the Terms and Conditions will be published on the CrossFit Raven website (www.crossfitraven.com.au) and by becoming a member or otherwise participating in a Fitness Activity or attending the Gym after any such amendments are published I agree to be bound by any such changes.
1 Definitions
In these Terms and Conditions the following terms have the following meanings:
1.1 “CrossFit Raven”, “we”, “us” and/or “our” means CrossFit Raven Pty Ltd (ACN 644 373 160) and its’ related entities, together with all agents, trainers, licensees, employees, officers and contractors engaged by CrossFit Raven.
1.2 “Fitness Activity” means and includes any physical activity undertaken at the Gym, whether during a class or during an open training session.
1.3 “Guest” means any person who accompanies a Member to the Gym and includes without limitation any adult guardian of a minor and any personal trainers who are not engaged by CrossFit Raven.
1.4 “Gym” means the premises at 166 Marshalltown Rd, Grovedale VIC 3216 or any other building, gymnasium or location from which CrossFit Raven conducts Fitness Activities.
1.5 “Participant”, “Member” and/or “you” in these Terms and Conditions are a reference to you, the person booking or participating in a Fitness Activity with CrossFit Raven.
1.6 “Terms and Conditions” means collectively these general terms and conditions, the Waiver and any applicable membership terms or special offer terms specified on your invoice and/or published on the CrossFit Raven website (www.crossfitraven.com.au) from time to time.
1.7 “Waiver” means the CrossFit Raven – Exclusion of Liability, Assumption of Risk and Waiver of Claims form that is required to be signed by each Member and Guest prior to entry to the Gym or participation in a Fitness Activity.
2 Booking and payment
2.1 Bookings are made online via the PushPress app or directly with CrossFit Raven. Payment must be made at the time of booking, no exceptions. To book into a class you must either have an active membership, pre-purchased classes in your account or alternatively you can pay at the time of booking.
2.2 Please be aware classes are on a first come first serve basis. To avoid disappointment, classes can be booked up to 14 days in advance. If you are unable to make your class please ensure that you cancel in accordance with the terms of our cancellation policy below to allow another Member the opportunity to book in your place.
2.3 Classes are not transferable to another individual and cannot under any circumstances be used by another person. If someone other than the person booked into the class arrives to use the class, they will be refused entry to the class or asked to create an account and purchase their own classes.
2.4 All CrossFit Raven prices are inclusive of GST.
3 Wait List
3.1 If a selected class at CrossFit Raven Gym is full, you can request to be added to a wait list via the PushPress app. If a place in the selected class becomes available, you will automatically be added to the class and will be notified by email or SMS text message.
3.2 If you no longer wish to attend the class after the notification is received you must cancel the class immediately to enable the next Participant on the wait list to attend. If you do not cancel the class within 6 hours of the scheduled class start time the terms of our standard cancellation policy set out below will apply to your booking.
4 Memberships and Special Offers
4.1 CrossFit Raven may offer memberships and other special offers and promotions from time to time, the terms of which will be published on the CrossFit Raven website (www.crossfitraven.com.au) and specified on the Member’s invoice. Any such special terms shall form part of these Terms and Conditions and in the event of any inconsistency, the terms of any membership or special offer specified on a Member’s invoice shall prevail over these Terms and Conditions in respect of any Members who accept such membership or special offer.
4.2 All reoccurring membership payments are deducted weekly by Direct Debit and you must inform us of change in your contact, bank account or credit card details.
4.3 Members will receive a minimum of 14 days’ notice of any price increases.
4.4 Any Member who signs up for a membership has the right to cancel their membership, without providing a cause or reason, in writing via email to enquiries@crossfitraven.com.au within 48 hours immediately after subscribing for a membership.
4.5 Memberships are not refundable after the 48 hour cooling off period, and are not transferable. No payments made can be refunded.
5 Cancellation Policy
5.1 At CrossFit Raven our class sizes are capped at 30 Participants and can fill quickly. As a result, all Fitness Activities are subject to the following cancellation policy which all Members must adhere to. We understand sometimes unforeseeable circumstances can arise, but we have to be strict, fair and consistent with all Members, therefore, no exceptions will be made.
5.2 Classes: Cancellations need to be made using the online booking system at least 6 hours prior to the scheduled start time of your booking. If you cancel your booking more than 6 hours prior to the scheduled time of your booking you will not lose your class credit. However, if you cancel less than 6 hours prior to the scheduled time of your booking you will lose your credit.
5.3 Memberships: Unless expressly stated otherwise in the membership terms, a minimum of 14 days’ prior notice is required of cancellation of any membership. Members are still welcome to attend classes and open training during the 14 day notice period. Cancellation must be given in writing via email to enquiries@crossfitraven.com.au.
6 Membership Freeze/ Hold Policy
6.1 CrossFit Raven may, at its sole discretion, agree to a Member suspending or putting on hold a Membership or special offer for medical reasons, pregnancy or holidays.
6.2 The minimum number of days a membership can be put on hold is 7 days, and the maximum is 28 days unless otherwise agreed with CrossFit Raven.
6.3 All requests for a time stop must be applied for 14 days in advance. Under no circumstances will time stops be backdated.
6.4 No time stops will be authorised without a specified end date and no time stops will be authorized during the termination notice period.
7 Attendance and Gym Operating Hours
7.1 All Members will be welcome at CrossFit Raven during all class and open training times, as highlighted on the website timetable. Class and open training time may change for a variety of reasons such as seasons, member demand and coach availability.
7.2 CrossFit Raven reserves the right to vary, add or eliminate any equipment or service provided at its sole discretion.
7.3 Facilities or services within the Gym may be unavailable at any particular time due to mechanical breakdown or any other unforeseen reasons and CrossFit Raven will not be held responsible or liable for any such occurrences.
7.4 All Participants and Guests must sign in upon each entry to the Gym.
7.5 CrossFit Raven reserves the right at its sole discretion to restrict Members to certain equipment and activities for safety reasons and to not allow Members to participate in any Fitness Activity if they do not have suitable medical clearance.
7.6 Use of the gym equipment and apparatus is on the basis that the member has an understanding of the proper use of such equipment and uses that equipment at their own risk. It should be noted that the Gym is always attended, so Members should familiarize themselves fully in the operation of the equipment provided and workout within their limitations or seek assistance at any time.
7.7 Please ensure you warm up and stretch before commencing your workout, and cool down and stretch upon completion of your workout. In consideration for the trainer, other Members, and also for your own safety, the warm-up is an important aspect of each class. Please be aware that if you are more than 5 minutes late for a class, you may be refused entry and unable to participate in the class at the sole discretion of the trainer taking the class.
7.8 CrossFit Raven encourages Members to consult our trainers advice before increasing weights.
7.9 You can attend CrossFit Raven classes up until you are 20 weeks pregnant. If you are more than 20 weeks pregnant, attendance and participation in any CrossFit Raven classes is at the sole discretion of CrossFit Raven and is subject to you providing a medical clearance form from your health practitioner to the satisfaction of CrossFit Raven.
8 Guest Policy
8.1 Guests may attend the Gym provided that they have signed and completed a Waiver. By attending the Gym, each Guest agrees to be bound by these Terms and Conditions as a Member.
8.2 Members are responsible for their Guests and for ensuring that their Guests comply with these Terms and Conditions, including the Member Code of Conduct and Gym Policies, at all times.
8.3 Members will be liable for and held responsible for any damage caused by their Guests.
9 Member Code of Conduct and Gym Policies
9.1 In the Gym, you agree to:
9.1.1 use all equipment with care and as instructed by the trainers or as indicated on any internal signage in the Gym;
9.1.2 only drop weights on the indoor platforms and not in any other areas of the Gym or outdoor areas;
9.1.3 ensure all equipment is cleaned and returned to the appropriate storage area after each use;
9.1.4 respect and follow directions of the staff and trainers at all times;
9.1.5 not disrupt any classes or threaten the environment in any way;
9.1.6 report any faults or damage to equipment to CrossFit Raven staff as soon as possible;
9.1.7 use bathroom facilities in a clean and tidy manner and to ensure all Members have equal opportunity to access shower and toilet facilities; and
9.1.8 be respectful, courteous and mindful of other people in the Gym including the staff and trainers.
9.2 The Gym is strictly a non-smoking area and any person under the influence of alcohol or drugs is strictly prohibited from attending the Gym.
9.3 CrossFit Raven has the right to refuse entry to the Gym, remove you from the Gym or any class, terminate your Membership and to not allow you to return to the Gym (in which case you will be refunded the remainder of any credits) if in the opinion of CrossFit Raven you have breached these Terms and Conditions including the Member code of conduct above and any relevant Gym policies adopted from time to time.
9.4 If you have contracted a communicable disease, please ensure you have clearance in writing from your doctor before attending the Gym. This is for the safety and well-being of all our staff and Members.
10 Minimum Age
10.1 No person under the age of 16 is allowed within the Gym without a parent or guardian present. If for any reason you are leaving your child unattended for a CrossFit Kids or Teens class, please notify our coaching team at drop off to inform them you are leaving.
10.2 Persons between the age of 16 and 18 must have a written letter of consent from the parent or guardian allowing permission for the minor to utilize the Gym and they must be accompanied by an adult unless participating in a CrossFit Kids or Teens class.
10.3 The safety of children under the age of 16 years is the sole responsibility of the parent/guardian/carer whilst in the Gym. CrossFit Raven accepts no responsibility whatsoever for any children you bring into the Gym.
11 Pets
11.1 Members are welcome to bring their dogs with them to the Gym. For the health and wellbeing of all Members, dogs are not permitted to be on the Gym floor at any time other than for the purposes of gaining access to outdoor areas. Members must ensure that they clean up after their animals.
11.2 Any Member who brings an animal to the Gym assumes sole responsibility for their animal and indemnifies CrossFit Raven against any liabilities or damage caused by the animal. CrossFit Raven takes no responsibility for any injuries or harm that may be caused to another animal or Member by an animal visiting the Gym.
11.3 CrossFit Raven reserves the right at its sole discretion to refuse access to the Gym to any animal.
12 Dress Code and Hygiene
12.1 Members must wear covered training shoes in any training areas of the Gym and be suitably clothed at all times for safety and hygiene reasons.
12.2 All Participants who take part in a Fitness Activity must at all times supply their own sweat towel to use whilst participating in a Fitness Activity.
13 Personal Belongings
13.1 You acknowledge CrossFit Raven is not responsible for the safety or security of your personal belongings, whilst you are in the Gym or taking part in any Fitness Activity. If you do become the victim of a theft, you undertake to immediately report it to a CrossFit Raven staff member. CrossFit Raven does not assume responsibility for any lost or stolen personal property.
13.2 Bags or other personal belongings must be stored in the pigeon holes provided whilst Members are participating in any Fitness Activity.
13.3 General lost property items are kept for a period of four weeks. After this time, all reusable clothing and other suitable items will be donated to charity. Valuable items such as phones, wallets, watches and keys are stored onsite for three months before being provided to Victoria Police.
14 Privacy
14.1 You agree that CrossFit Raven may, to the extent permitted by law use or disclose personal information about you in accordance with CrossFit Raven’s Privacy Policy from time to time, a copy of which is on CrossFit Raven’s website (www.crossfitraven.com.au).
15 WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (VIC)
15.1 Under the Australian Consumer Law and Fair Trading Act 2012 (Vic) (together the “ACL”), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that we are required to ensure that recreational services supplied to you:
15.1.1 are rendered with due care and skill;
15.1.2 are reasonably fit for any purpose which you, either expressly or by implication, make known to us; and
15.1.3 might reasonably be expected to achieve any result you have made known to us.
15.2 Under the ACL CrossFit Raven is entitled to ask you to agree that these statutory guarantees do not apply to you. By agreeing to the Terms and Conditions you will be agreeing that your rights to sue us under the ACL if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted and modified as set out herein.
15.3 Except as expressly stated in the Terms and Condition or under the ACL, the Terms and Conditions do not include by implication any other term, condition, guarantee or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or services or any contractual remedy for their failure.
16 Limitation of Liability
16.1 You acknowledge and agree that the Fitness Activity and classes may be physically strenuous, and you voluntarily participate in them at your own risk with full knowledge that there is risk of personal injury, property loss or death.
16.2 To the maximum extent permitted by the law, you agree and understand that CrossFit Raven shall not be liable for any injuries or loss resulting from participation in the Fitness Activity and you unconditionally waive any and all claims, expenses, causes of action, debts, demands, damages, or other liabilities of any kind including in relation to personal injury, property damage/loss, or wrongful death (“Liabilities”) occurring at the Gym or elsewhere, whether caused by negligence or otherwise, whether direct or indirect, and whether known or unknown that you may have now or in the future against CrossFit Raven. You fully release CrossFit Raven from any such Liabilities which you have or may have at any time against CrossFit Raven, whether direct or indirect, and whether known or unknown.
16.3 To the maximum extent permitted by Law the aggregate liability of CrossFit Raven for any Liabilities arising directly or indirectly out of, or in connection with, the Terms and Conditions and the provision of the Fitness Activities is capped at the value of the fees payable by the Member and CrossFit Raven limits their liability for breach of any non-excludable warranty, condition or guarantee that is implied by virtue of any law to the supply of the services again or the payment of the cost of having the services supplied again.
16.4 You agree to pay for any loss or damage to the Gym caused by you as a result of your wilful, wrongful or negligent conduct.
16.5 You agree to indemnify and hold CrossFit Raven harmless from all liabilities, claims, and expenses, including legal fees, that arise from any breach by you of the Terms and Conditions.
16.6 You acknowledge and agree that CrossFit Raven holds the benefit of the Terms and Conditions on its own behalf and as agent and trustee for and on behalf of its agents, licensees, employees, officers and contractors, and each of whom is entitled to enforce the Terms and Conditions as if they were a party.
17 General Provisions
17.1 The Terms and Conditions are governed by the Law applicable in the State of Victoria, and you consent to the exclusive jurisdiction of the courts of the State of Victoria.
17.2 Where a clause in the Terms and Conditions is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in the Terms and Conditions.
