TERMS AND CONDITIONS
The following terminology applies to these Terms and Conditions: “Client”, “You” and “Your” refers to you, the person using this website or Our services and accepting these Terms and Conditions. “Run Club”, “Ourselves”, “We”, “Us” and “Our” refers to RC Running Studios Pty Ltd trading as Run Club (ACN 620 485 878). “Party”, “Parties” or “Us” refers to both the Client and Run Club or either the Client or Run Club as the context permits. “Site” refers to the website of Run Club, being https://www.therunclub.com.au/ as well as the booking sites operated by MindBody Inc (MindBody) and ClassPass Australia Pty Ltd (ClassPass).
Please read these Terms and Conditions carefully before accessing or using the information or services available through the Site. The use of this Site is offered to You on the condition that You accept these Terms and Conditions. Your use of this Site constitutes Your acceptance.
If You access this Site from outside Australia, You are also responsible for ensuring compliance with all applicable laws in the place in which You are located.
We may modify these Terms and Conditions at our discretion and without notice. Any such modification to these Terms and Conditions will be effective immediately upon posting the modified agreement to the Site. By continuing to use Our Site You accept the Terms and Conditions as they apply from time to time.
You agree that You will not take photos of any person attending a session at Run Club without first obtaining their express consent. You also provide express consent to Run Club to take photos of You for use on its Site and social media channels to promote its business.
5. General Intellectual Property
All copyright, trademark rights and other intellectual property rights in the Site and the material available on the Site belongs to Run Club or its third party suppliers, unless otherwise indicated. Use of this Site does not give You any proprietary rights in such materials and You agree not to infringe any intellectual property rights owned by Run Club.
Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any other applicable legislation), or as otherwise provided for in this copyright notice, no part of any content on the Site may in any form or by any means (including electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system, transmitted or reproduced on any other internet website without the prior written permission of the copyright owner.
Without limiting the above, Run Club grant You permission to do the following with the content on the Site unless otherwise stated:
(a) Store a reproduction of the content of this Site on Your local computer for the sole purpose
of viewing it; (b) Print hard copies of the content for non-commercial use or personal use only; (c) Reproduce or distribute to any complete page of the content so long as:
i. You do not reproduce or redistribute less than a complete page, or, where a document
consists of more than one page, less than the complete document; ii. You do not modify the copy from how is appears on the Site (unless expressly authorised
by Run Club); iii. The content is appropriately attributed to Run Club.
6. Third Party Material
Run Club make no warranties or representations that third party material on this Site does not infringe intellectual property rights of any person anywhere in the world. Run Club is not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material on other sites by linking this Site to such material.
Trademarks including but not limited to the words ‘Run Club’, unless otherwise indicated, are owned by the director of Run Club in Australia. You must not use Run Club trademarks except: (a) as permitted by the copyright notice above; (ii) as permitted by written agreement from Run Club.
This Site may contain trademarks or logos of other companies or organisations and these are proprietary to the registered owner(s) of such marks.
8. No Guarantee or Endorsements
We provide links and other pointers to internet websites operated and maintained by third parties. These linked websites are not under Our control and We are not responsible for the contents of any linked website or any link contained in a linked website. We make no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material or advertising on external sites to which this Site is linked.
We are providing these links to You as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Run Club. We are not responsible for the copyright compliance of any linked website. We will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party.
9. Information does not Represent Professional Advice
Services and information provided on this Site by Run Club and our third-party suppliers are intended to assist you. You should obtain independent verification before relying on information provided on the Site in circumstances which may result in loss or damage.
You acknowledge and agree that information published by Run Club is intended to provide general information. You acknowledge that information on the Site does not constitute health, medical, fitness or dietary advice. Run Club recommends that you seek advice from the appropriate professional (such as a medical professional) prior to changing your fitness or dietary habits.
It is solely Your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site or on the internet generally. In no event will Run Club be liable to You or anyone else for any decision made or action taken by You or anyone else in reliance upon any information contained on or omitted from the Site.
10. Security of Information
While Run Club take all due care in ensuring the privacy and integrity of the information You provide, no system can perfectly guard against risks of intentional intrusion or inadvertent disclosure of information. The possibility exists that this information could be unlawfully observed buy a third party while in transit over the internet or while store on Run Club’s systems or on the Site. When You transmit information via the internet, Your information will be transmitted over a medium that is beyond our control, and therefore the security of the transmission may be compromised before it reaches us.
Run Club make no guarantee as to confidentiality or security of Your information and disclaims all liability to You to the greatest extent possible under the law should this occur. You understand and agree to expressly and solely assume the risk of any unauthorised disclosure or intentional intrusion, or of any delay, failure, interruption or corruption of data or other information transmitted in connection with Your use of Run Club’s online services.
11. Service Availability
Run Club endeavour to ensure continuous availability of the Site and all the services available on it but accept no responsibility for the consequences of interruptions or delays, however caused. We may, additionally, alter the design and specification of the Site at any time.
12. Login Details
To become a registered user, You agree to provide Your personal information (including Your name, address, email address and a password)). You are entirely responsible for maintaining the confidentiality of your password and username.
Furthermore, You are entirely responsible for any and all activities that occur under Your username. You may change Your password at any time by following the instructions detailed on the Site.
You agree to:
(a) Immediately notify Run Club of any unauthorised use of Your account/username or any
other breach of security known to You. (b) Authorise Run Club to retain this information until such time as You either unsubscribe or
are removed by the Run Club.
Run Club will use Your email address to provide You with information including but not limited to classes, promotions, merchandise and any other Run Club services and general advice. Run Club reserves the right to either reject or remove any subscriber at any time.
13. Classes and Fees
Run Club offers the following class options:
(a) Express 30 Class: $22 (b) Power 45 Class: $27 (c) Endurance 60 Class: $32 (d) The Distance 90 Class: $37 (e) 5 session pack: $135 (f) 10 session pack: $240 (g) 20 session pack: $420 (h) 1-month unlimited pack: $300
Run Club also offers the following membership options:
(a) 8 classes per month: $170 (b) 12 classes per month: $226 (c) 16 classes per month: $256
All fees are inclusive of GST unless otherwise stated.
Run Club reserve the right to change the above fees at any time. Such change will be effective immediately and to any existing customer being given written notice of the change.
14. Class Expiry
The purchases of classes will expire as follows:
(a) Single session: 1 month from date of purchase (b) 5 session pack: 3 months from date of purchase (c) 10 session pack: 4 months from date of purchase (d) 20 session pack: 6 months from date of purchase
Without limiting the preceding paragraph, Run Club may in its absolute discretion agree in writing to extend the expiry date of classes.
Run Club sell merchandise, including:
(a) Singlets: $25 to $55 (b) Jumpers and hoodies: $50
All fees are inclusive of GST unless otherwise stated.
Run Club reserve the right to change the above fees at any time and charge reasonable shipping costs which will be disclosed to You prior to purchase.
Run Club do not offer refunds for change of mind, this includes choosing the incorrect size. You understand and agree that Run Club will offer You a store credit or exchange for changes of mind unless the item is faulty in which case, Run Club will provide You with a refund of the purchase price only.
Should You want to return any merchandise You have purchased, You must contact Run Club on the details provided at the bottom of these Terms and Conditions within 30 days of purchase. To be eligible to return Your purchase, the item must be unused with the original tags still attached and in the original packaging. You understand that any fees or charges to deliver the product to Run Club are to be borne by You.
Run Club may refuse to process a return (including for alleged faulty merchandise) where in Run Club’s reasonable opinion, following the sale to You, the merchandise has become of unacceptable quality due to wear and tear, misuse, failure to use in accordance with manufacturers’ instructions, using it in an abnormal way or failure to take reasonable care.
Nothing in this clause is intended to exclude any of Your statutory rights under Australian Consumer Law.
16. Payment Terms
All amounts owing to Run Club must be paid immediately by a credit or debit card unless otherwise agreed in writing by Run Club. If You select a membership option, these payments will be direct debited from Your nominated bank account monthly in advance.
Run Club will not be responsible for any fees or charges incurred in purchase of merchandise, classes or membership fees and Run Club recommend that You contact Your financial institution regarding any fees or charges.
Should You change Your bank details, You must provide Run Club with 7 days’ notice prior to the next direct debit payment. Any payments that cannot be processed or are dishonoured by reason of You giving Run Club incorrect details or failing to have sufficient funds in Your account will result in Run Club charging You a dishonour fee of $10.
You agree and understand that Run Club class fees and session pack fees are non-refundable. You are obliged to pay for the services that Run Club agree to provide You with regardless of whether You terminate, utilise or fully utilise those services.
You agree and understand that there are no refunds for membership fees. However, You may cancel Your membership as follows:
(a) If the membership is cancelled within the first 3 months, You must pay Run Club a $100
cancellation fee (Cancellation Fee) and provide Run Club with 2 weeks’ notice. Upon payment of the Cancellation Fee, Run Club will cancel Your membership with effect from 2 weeks from payment. (b) If the membership is cancelled after the first 3 months, You must provide The Run Club with
2 weeks’ notice. Run Club will cancel Your membership with effect from 2 weeks from the date notice was given.
(c) If You need to cancel the membership due to injury or illness, You must provide Run Club
with written notice along with a medical report or certificate. Run Club will cancel Your membership as soon as practicable after receiving the notice and medical report or certificate.
Run Club reserves the right to refer any unpaid fees to a debt collection agency or lawyer. Additional charges, including but not limited to damages, interest and legal costs on an indemnity basis, will be payable by You.
Run Club also reserves the right to suspend or cancel any or all services on the unpaid account without notice.
18. Membership Hold
Should You want to put Your membership on hold, You may do so for a minimum of 1 week to a maximum of 6 weeks’ after providing Run Club with 1 weeks’ written notice.
At the conclusion of the sixth week, Your membership will automatically be taken off hold and You will continue to be liable to pay the membership fees.
As a membership holder You may cancel Your class 12 hours in advance. If You cancel within the preceding 12 hours of the class start time, Run Club will charge a $10 ‘did not attend’ fee and credit the session back to Your account.
If You have purchased a single session or session pack, You must cancel Your class 12 hours in advance. If You cancel within the preceding 12 hours of the class start time, You forfeit Your class.
To cancel Your class You must cancel via the online booking system (MindBody or ClassPass) or via telephone to Run Club, the phone number for which is located at the bottom of these Terms and Conditions. Run Club does not accept cancellations via social media, email or any other method of communication.
For the purpose of this clause, cancelling a class includes changing from one class at a scheduled time to another.
20. Injuries and Health
You agree that prior to attending a session at Run Club You are healthy and free from any injury or illness which may impact Your ability to do the moves instructed at the session. If You have any health problem, injury or illness You must consult Your doctor or health care professional prior to attending a session at Run Club.
You understand that the employees and agents of Run Club may give You moves to follow, and it is Your responsibility to choose to follow them.
You agree not to hold Run Club liable for any health problem, injury or illness sustained by You or exacerbated by any movement You do at a session at Run Club.
21. Your Obligations
You warrant and agree that:
(a) You have the legal capacity and power to agree to be bound by these Terms and Conditions
and perform the obligations under it; (b) You have disclosed all pre-existing injuries to Run Club and are able to perform the moves
instructed in the class; (c) You will treat the employees and agents of Run Club appropriately and not show any form of
violence; (d) if You are under the age of 16 You have obtained the consent of Your parent or guardian to
attend the session; (e) You will follow all reasonable instructions given by the employees and agents of Run Club; (f) You will not take anything from the premises where The Run Club is held that does not
belong to You; (g) You will not share Your membership with any third party; and (h) You will not use the Site for any illegal purpose.
You may not assign or transfer any rights and obligations pursuant to these Terms and Conditions to any other person or entity without Run Club’s prior written approval. If You are a company, any change in Your effective control shall be deemed an assignment for the purpose of this clause. You indemnify and will keep indemnified Run Club, its officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred byRun Club in connection with:
(a) any breach of these Terms and Conditions by You; (b) any negligent act or omission by You; or (c) an actual or alleged breach by You of any law, legislation, regulations, by-laws, ordinances or
codes of conduct.
22. Limitation of Liability
(a) make no warranties or representations about this Site or any of the content (being
information on the Site); (b) accepts no responsibility for any loss suffered by You or anyone else in connection with the
use of this Site or any content displayed on the Site or by using any of the services offered by Run Club; (c) accepts no responsibility for any loss or damage to Your merchandise in the course of
delivery; (d) does not guarantee that this Site, files available for download or other electronic mail will
not cause damage or is free from viruses or any other defects or errors.
Run Club excludes, to the maximum extent permitted by law, any liability which may arise as a result of the use of this Site or the content on it or the use of its services. Where liability cannot be excluded, any liability incurred by Run Club in relation to the use of this website or the content, is limited as provided under the Australian Consumer Law (s 64A).
Under no circumstances will Run Club be liable for any incidental, special or consequential damages. Run Club shall not be held responsible or liable for any direct or indirect loss or damages caused or alleged to have been caused by Your use, of, or reliance on, any content, goods or services available
on external sites. Any concerns regarding an external link, should be directed to its responsible site administrator or webmaster.
You agree to indemnify, defend and hold harmless Run Club, its officers, employees and directors from any claim, loss, liability, demand, damage or expenses (including legal costs on an indemnity basis) asserted by You or any third party due to or arising from or in connection with Your use of the content on the Site, or Your conduct on this Site, or the services provided by Run Club. Run Club reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, which shall not excuse Your indemnity obligations.
24. Invalid Terms and Conditions
In the event that a Court of competent jurisdiction determines that any or any part of the terms contained in these Terms and Conditions are invalid, unlawful or unenforceable, then such term/s shall be severed from the remaining terms to the extent of their invalidity, unlawfulness or unenforceability.
These Terms and Conditions do not create a relationship of employment, agency or partnership between the parties.
26. Governing Law
Run Club and these Terms and Conditions are governed by the laws in Victoria, Australia and You irrevocably submit to the jurisdiction of its Courts and its Appellate Courts and the jurisdiction of the Federal Court of Australia sitting in Victoria. Termination of these Terms and Conditions will not end those provisions that are capable of surviving the end of the Terms and Conditions.
Should You have any questions regarding our Terms and Conditions, we encourage You to contact us on the details below:
Telephone Number: 0407 526 765 Email: firstname.lastname@example.org
Updated May 2019