T&Csand Privacy Policy

These terms and conditions apply to all Goods and Services supplied by Healthspan Collective. These terms and conditions are to be read in addition to and will prevail over any additional terms and conditions specified for any individual purchase of services, programmes, products, courses, fitness sessions, seminars and competitions supplied by Healthspan Collective. In so enrolling and in consideration of any fee (if applicable) for entry to any services. I acknowledge, warrant and agree that:

Interpretation

1. Healthspan Collective and/or HS Collective means: Espresso Fit Pty Limited ABN: 75 147 189 759 trading as Healthspan Collective and its permitted successors and assigns,
2. Agreement means this document.
3. Healthspan Collective Representative means any of Healthspan Collective directors, officers, contractors, subcontractors, servants, agents, employees, or other representatives.
4. “I” means the Healthspan Collective client that has agreed to this Agreement.
5. Healthspan Collective Goods and Services means any classes, programmes (Including HS Collective Online), products, courses, fitness/personal training sessions, seminars and competitions. This definition is not exhaustive and may be altered to include other services which will be defined from time to time.

Payments

1. All fees and Healthspan Collective Goods and Services are subject to change at the sole discretion of Healthspan Collective. Full payment of fees is required in advance for all Healthspan Collective Goods and Services as is the mechanism for securing my place in Healthspan Collective Goods and Services.
2. A Late Payment/Declined Credit Card Fee of $7 will be charged on any overdue payment.
3. Once the client has completed his/her Contract, the Contract will auto-renew, and the Member will remain on his/her current Membership and Membership Rate. Should Healthspan Collective members wish to amend or cancel their Membership, the member will notify a Healthspan Collective representative in writing. A minimum of 14 days’ notice is required for cancellation of Membership.

Membership Freeze, Refund & Cancellation Policy

1. Healthspan Collective members are entitled to freeze their memberships as per clause 2
2. The Freeze period must be for a minimum of two (2) calendar weeks and weekly increments thereafter. Prior written notice must be given to Healthspan Collective no later than 7 days prior to the first day of the Freeze period.
3. There are no refunds for membership fees.
4. Members may cancel their memberships by notifying Healthspan Collective in person and confirming in writing no later than 14 days prior to the next Payment Date.

Participation Policy

1. Refusal of entry or continuation to Healthspan Collective Services if Healthspan Collective Representatives (at their sole discretion) have deemed me not to be medically or physically fit to participate. However, Healthspan Collective is not able to provide advice concerning medical fitness to undertake any exercise or activity and it is my responsibility to seek medical advice in this regard.
2. Refusal of my entry or continuation to Healthspan Collective Services, if Healthspan Collective Representatives have deemed (at their sole discretion) my behaviour to be unacceptable, unsafe or inappropriate.
3. Healthspan Collective may set operational rules for the effective running of Healthspan Collective Services. Current key operational rules include (but not limited to):
   1. Obtaining Medical Clearance to participate in exercise.

Warning

1. Participation in exercise can be inherently dangerous. I understand that Healthspan Collective Services, will involve balance and mobility exercises, weight lifting, bodyweight and various highly strenuous activities on the body. It is my right as a member to refuse participation in any exercise if I do not want to perform them. I understand that accidents may happen which may result in me being injured or even killed. If I am feeling pain, discomfort, dizziness or over exertion in any way, I am to stop training and inform a Healthspan Collective Representative immediately. I have read and understood this warning and voluntarily accept and assume the inherent risks in participating in any given exercise or exercise session
2. Fitness to Participate: I am and will continue to be medically and physically fit and able to participate in exercise, subject to any pre-existing condition as disclosed in the Medical History questionnaire. I am not and will not be a danger to others or myself. I will immediately notify Healthspan Collective in writing of any change to my fitness, health and ability to participate. Unless I notify Healthspan Collective, I understand and accept that Healthspan Collective will continue to rely upon this declaration as evidence of my fitness and ability to participate.

Medical Treatment

I consent and authorise Healthspan Collective Representatives to administer or obtain medical assistance in the event of an accident or medical condition I may suffer whilst participating in Healthspan Collective Services and agree to pay for any costs or expenses incurred by Healthspan Collective in administering or obtaining such medical assistance.

Exclusion of Liability

To the extent permitted by law and while all reasonable care is taken, Healthspan Collective and Healthspan Collective Representatives cannot be held responsible and are excluded for all liability however arising (including liability for negligence) for direct, indirect or consequential loss, damage, injury, cost and expenses (including without limitation loss of revenue or profits, loss of business opportunity).

Statutory Guarantees Relating to the Supply of Services

Under the Competition and Consumer Act 2010 (Cth), we guarantee that our Goods and Services are:

• Provided with due care and skill
• Fit for any purpose you have told us you are using the Goods and Services for or for a result which you have told us you wish to achieve
• Supplied within a reasonable time.

However, under certain legislative provisions, Healthspan Collective may ask you to agree that these conditions do not apply to you. If you agree to the Agreement, you will be agreeing that your rights to sue us are excluded, restricted or modified as set out in these terms and conditions. This applies if you are injured (including injury that results in death) because the Goods and Services were not rendered with due care and skill, or they were not reasonably fit for their purpose.

This change to your rights does not apply if your death or injury is due to our gross negligence. Gross negligence is defined in the Fair Trading (Recreational Services) Regulations 2004.

Release and Indemnity

To the extent permitted by law, I release and indemnify, and will keep indemnified, Healthspan Collective and all of its Representatives in relation to all claims which I now, or at any time in the future may have against Healthspan Collective, arising from or related in any way to the supply and my participation in Healthspan Collective Services.

Privacy

Healthspan Collective is committed to protecting your privacy and any personal information we collect. Healthspan Collective complies with the Privacy Act 1988 (Cth). This policy explains how we may collect, use, disclose and otherwise handle personal and sensitive information. Healthspan Collective committed to safeguarding personal privacy. Unless given consent to do otherwise, Healthspan Collective will only collect and use personal information as set out below.

For the purposes of this Privacy Policy personal information means the following but is not exhaustive in its definition:

• a member’s name, contact details, date of birth, emergency contact details, bank account and/or credit card details, student identification details, medical details, payment history and sensitive information.

For the purposes of this Privacy Policy sensitive information means the information a member has disclosed to us about their physical and mental health and well-being.

Collection of personal information

Healthspan Collective will not collect or monitor any personal information about an individual without their consent. The only personal information collected is what is provided voluntarily by a member or prospective member.

Healthspan Collective collects personal information primarily to enable us to provide members with our services. Healthspan Collective may also use the information for marketing to you or for any other purpose permitted under the Privacy Act 1988 (Cth).

Collection of Sensitive Information

Sensitive information will only ever be used for providing services to members. Such information will not be used or disclosed for any other purposes without consent, except in exceptional cases when disclosure may be required by law or is necessary to protect the rights or property of Healthspan Collective, or any member of the public, or to lessen a serious threat to a person’s health or safety. For the purposes of this Privacy Policy sensitive information is a subset of personal information.

Using and Disclosing your Personal Information

Personal Information will be used for the following primary purpose:

• To fulfil obligations under a Healthspan Collective’s member’s membership agreement and/or any other contract between him/her and Healthspan Collective;
• To render Goods and Services under a Healthspan Collective’s member’s Membership Agreement;
• To provide information about products, services, courses, fitness sessions, seminars and/or special offers to Healthspan Collective members;
• To obtain opinions or comments about products and/or services from Healthspan Collective members;
• To record statistical data for marketing analysis from Healthspan Collective members.

Healthspan Collective may employ other companies or service providers to assist us in providing our services, including (but not limited to) marketing, market research, mail-house services, hosting and product development services, analysis of member lists and/ or consulting services. These third parties may have access to personal information that is needed to perform their specific function. They cannot use that information for other purposes.

Storage and security of personal and/or sensitive information

Healthspan Collective takes all reasonable steps to keep secure personal information recorded and to keep this information accurate and up to date. The personal information is stored electronically and in locked areas if in hardcopy format: Healthspan Collective permits authorised Healthspan Collective Representatives to access your information and information will only be disclosed to third parties where they have the appropriate authority.

I understand that the information I have provided is necessary for my participation in any Healthspan Collective Services. I acknowledge and agree that the information will only be used by Healthspan Collective to facilitate the conduct of Healthspan Collective Services.  As part of my enrolment with Healthspan Collective, I acknowledge that I may receive information from time to time about the Services. If I do not wish to receive such information from Healthspan Collective, I will notify Healthspan Collective in writing.

Photographs and Right to Use

Photographs or film may be taken and used by Healthspan Collective for promotional purposes via social media and/or other mediums, without payment or compensation to me. Such photos are and will remain the property of Healthspan Collective. By agreeing to this Agreement, I allow Healthspan Collective to use my image in promotional and other business-related material.

Assignment

Healthspan Collective may assign or otherwise deal with this Agreement at its sole discretion. I cannot assign any rights under any agreement with Healthspan Collective without prior written consent of Healthspan Collective. This consent may not be unreasonably refused.

Jurisdiction

This agreement is subject to Australian law

Severability

If anything in this Agreement is unenforceable, illegal or void then it is severed and the rest of this Agreement remains in force.

Amendments

Healthspan Collective reserves the right to solely change and/or amend these terms and conditions. This Agreement cannot be amended by me. If I do amend it my application will be null and void and cannot be accepted by Healthspan Collective.

Information Provided is True and Correct

I warrant that all information provided is true and correct.