Version 2.0
At Soul Bay Strength Training, our mission is to help people become stronger for life.
We are committed to providing professional coaching, a welcoming community and a safe training environment where every member can build strength, confidence and lifelong healthy habits.
In return, we ask our members to approach training with consistency, respect and a willingness to learn. The best results are achieved through a genuine partnership between coach and client.
1.1 This Personal Training & Class Membership Agreement ("Agreement") is entered into between KevLok Pty Ltd (ACN 639 272 987), trading as Soul Bay Strength Training ("Soul Bay"), its related body corporates and affiliates and includes any successor or assignee, and the person purchasing a Soul Bay service ("you" or "your").
1.2 This Agreement applies to all current and future services offered by Soul Bay, including but not limited to:
· Foundations Program (the number of sessions recommended by Soul Bay following your initial assessment and agreed with you before commencing the program)
· Ongoing Personal Training (approximately four (4) weeks, requiring a minimum of four (4) weekly payments)
· Standard Unlimited Membership (approximately six (6) months, requiring a minimum of twenty-six (26) weekly payments)
· Flexi Unlimited Membership (approximately four (4) weeks, requiring a minimum of four (4) weekly payments)
· Casual Personal Training Sessions
· Casual Classes
· Session Packs
· Workshops
· Nutrition Coaching
· Online Coaching
· Any other products or services offered by Soul Bay from time to time.
1.3 The Commercial Terms applicable to the Membership or Subscription you purchase form part of this Agreement.
1.4 This Agreement governs the legal relationship between you and Soul Bay. The Commercial Terms operate together with this Agreement and, to the extent reasonably possible, must be interpreted consistently with it.
1.5 If there is any inconsistency between this Agreement and the Commercial Terms, this Agreement prevails except to the extent that the Commercial Terms specify the applicable fees, billing frequency, Minimum Number of Payments, included services or other service-specific commercial details for the Membership or Subscription you have purchased.
2.1 For the purposes of this Agreement:
· Agreement means this Personal Training & Class Membership Agreement, including the applicable Commercial Terms accepted by you at the time of purchase.
· Commercial Terms means the fees, billing frequency, Minimum Number of Payments, included services and other service-specific commercial details presented within the Membership or Subscription package purchased by you during the purchase process and accepted by you at the time of purchase.
· Soul Bay means KevLok Pty Ltd (ACN 639 272 987), trading as Soul Bay Strength Training, its related body corporates and affiliates, and includes any successor or assignee.
· Minimum Number of Payments means the minimum number of recurring Membership or Subscription payments applicable to the Membership or Subscription you purchase, as specified in the applicable Commercial Terms. Where you transfer between eligible recurring Memberships or Subscriptions, the Minimum Number of Payments may be adjusted by Soul Bay in accordance with Section 9.
· Pause means a temporary suspension of an eligible recurring Membership or Subscription approved by Soul Bay under Section 8.
· Recurring Membership or Subscription means any Membership or Subscription billed automatically on a recurring basis.
3.1 You agree to pay all fees applicable to the Membership or Subscription you purchase.
3.2 Recurring Memberships and Subscriptions are automatically charged using your nominated payment method through Soul Bay's payment provider (currently Stripe).
3.3 By purchasing a recurring Membership or Subscription, you authorise Soul Bay to debit your nominated payment method for all amounts payable under your selected service.
3.4 You are responsible for ensuring:
· your payment details remain current;
· sufficient funds are available; and
· your payment method remains valid.
3.5 If a payment fails or becomes overdue, Soul Bay may exercise its rights under section 4 (Failed Payments, Default, Suspension & Debt Recovery).
3.6 Cancelling or revoking your nominated payment authority does not cancel this Agreement or remove your obligation to pay any amounts properly payable under this Agreement.
4.1 If a payment is declined or otherwise fails, Soul Bay may retry the payment and suspend access to services or booking privileges until all outstanding amounts have been paid.
4.2 You remain responsible for any payment processing fees, failed payment fees or dishonour fees charged by Soul Bay's payment provider or your financial institution.
4.3 If four (4) consecutive payment attempts are unsuccessful, Soul Bay may deem your Membership cancelled.
4.4 If the deemed cancellation occurs after your Minimum Number of Payments has ended, you remain liable for the applicable fourteen (14) day notice period.
4.5 If the deemed cancellation occurs before your Minimum Number of Payments has ended, you remain liable for the applicable fourteen (14) day notice period together with the Early Exit Fee under Section 11.
4.6 Soul Bay may issue an invoice for any outstanding amounts. Unless otherwise stated, payment is due within fourteen (14) days of the invoice date
4.7 If any amount remains unpaid after the due date, Soul Bay may recover the outstanding debt by any lawful means, including engaging a debt collection agency or commencing legal proceedings. You remain liable for any reasonable costs of recovery permitted by law.
4.8 Suspension, cancellation or expiry of your Membership or Subscription does not affect Soul Bay's right to recover any outstanding amounts payable under this Agreement.
5.1 By participating in any Soul Bay service, you confirm that:
· you are medically fit to participate;
· you have completed any required health screening;
· you will notify Soul Bay of any changes to your health; and
· you will seek appropriate medical advice where necessary.
5.2 Strength training and physical exercise involve inherent risks.
5.3 You participate voluntarily and agree to follow all coaching instructions.
5.4 Soul Bay may suspend or refuse participation where it reasonably believes participation may place you or others at risk.
6.1 You agree to:
· behave respectfully towards coaches, staff and other members;
· follow all coaching instructions;
· use equipment safely and responsibly;
· comply with this Agreement and any Studio Rules or policies notified by Soul Bay from time to time;
· maintain appropriate personal hygiene and wear suitable training attire; and
· avoid any behaviour that places yourself, other members, coaches, staff or visitors at risk.
6.2 You must not engage in any behaviour that is abusive, threatening, discriminatory, harassing, intimidating, unlawful, unsafe or otherwise inappropriate, or which may negatively affect the health, safety, wellbeing or enjoyment of other members or staff
6.3 Failure to comply with this Section or any other provision of this Agreement may result in Soul Bay exercising its rights under Section 19 (Suspension, Termination & Refusal of Service)
7.1 Bookings are managed through Soul Bay's booking platform.
7.2 Bookings are subject to availability.
8.1 Eligible recurring Memberships and Subscriptions may be paused by providing at least seven (7) days' written notice.
8.2 Eligible Memberships and Subscriptions may be paused for a maximum of six (6) consecutive weeks during any single Pause period.
8.3 Where a Minimum Number of Payments applies, approved Pause periods do not count towards completion of the required Minimum Number of Payments. Your recurring payments will resume at the end of the approved Pause and continue until the required Minimum Number of Payments has been completed.
8.4 At the conclusion of the approved Pause period, or after the maximum six (6) week Pause period has been reached, normal Membership or Subscription payments will automatically resume.
8.5 There must be a minimum of four (4) consecutive recurring Membership or Subscription payments between approved Pause periods.
8.6 Time spent on Pause does not count towards the required cancellation notice period.
8.7 No Pause may exceed six (6) consecutive weeks. Requests to extend a Pause beyond six (6) weeks will only be considered where you provide reasonable evidence of serious illness or physical incapacity preventing participation. Any extension is entirely at Soul Bay's discretion.
9.1 Members may request to transfer between eligible recurring Memberships or Subscriptions by providing at least fourteen (14) days' written notice, unless otherwise approved by Soul Bay.
9.2 A transfer between recurring Memberships or Subscriptions is considered a variation of this Agreement and not the cancellation of one agreement and commencement of another.
9.3 Where a member transfers before completing the required Minimum Number of Payments under their existing recurring Membership or Subscription, Soul Bay may adjust the Minimum Number of Payments applicable to the new recurring Membership or Subscription to reflect the outstanding value of the previous recurring Membership or Subscription.
9.4 Any adjusted Minimum Number of Payments will be advised to the Member before the transfer takes effect and will form part of the commercial terms of the new recurring Membership or Subscription.
10.1 All recurring Memberships and Subscriptions require fourteen (14) days' written notice to cancel, regardless of whether the cancellation occurs during or after the applicable Minimum Number of Payments.
10.2 Cancellation requests must be submitted by email or another method approved by Soul Bay.
10.3 Membership or Subscription fees remain payable during the cancellation notice period.
10.4 Time spent on Pause does not form part of the required cancellation notice period.
10.5 Cancellation is not effective until the required fourteen (14) day notice period has expired, all fees payable during that period have been paid and, where applicable, any Early Exit Fee has been paid.
11.1 Where a recurring Membership or Subscription is cancelled before completion of its applicable Minimum Number of Payments, an Early Exit Fee equal to 50% of the remaining Membership or Subscription fees applies, in addition to payment of the applicable fourteen (14) day cancellation notice period, unless cancellation is approved under Section 12.
11.2 The Early Exit Fee represents a genuine and reasonable pre-estimate of the loss likely to be suffered by Soul Bay arising from the early termination of your Minimum Number of Payments.
12.1 Soul Bay may approve immediate termination without an Early Exit Fee where a member becomes unable to participate due to serious illness or long-term physical incapacity.
12.2 Soul Bay may require reasonable supporting evidence, including a medical certificate or other appropriate documentation, before approving cancellation under this Section.
13.1 A cancellation for convenience is any cancellation requested for reasons other than those set out in Section 12 (Serious Illness or Long-Term Incapacity). A cancellation for convenience does not affect your obligation to complete the applicable Minimum Number of Payments or pay any applicable Early Exit Fee or other amounts payable under this Agreement.
13.2 Examples of cancellation for convenience include, but are not limited to:
· relocation or a change in residence;
· interstate or overseas travel;
· financial hardship or other personal financial circumstances;
· changes in employment, work commitments or study commitments;
· family or personal commitments;
· loss of motivation or a preference to train elsewhere;
· temporary illness or injury that does not permanently prevent participation; or
· any other reason that is not covered by Section 12.
14.1.1 Classes may be cancelled without charge up to six (6) hours before the scheduled class start time.
14.1.2 Two (2) late cancellations within the same Membership week may incur a $15 Late Cancellation Fee for each additional late cancellation.
14.1.3 Members who fail to attend a booked class without cancelling ("No Show") may incur a $15 No Show Fee for each occurrence.
14.2.1 Personal Training sessions cancelled within six (6) hours of the scheduled session start time may be forfeited unless otherwise approved by Soul Bay.
14.2.2 Soul Bay reserves the right to waive cancellation fees in exceptional circumstances.
15.1 From time-to-time photographs or videos may be taken within the studio for marketing and promotional purposes.
15.2 If you do not wish to appear in photographs or videos, please notify us and we will make reasonable efforts to accommodate your request.
16.1 Soul Bay collects personal information necessary to provide its services, including contact details, emergency contacts, payment information and relevant health information.
16.2 Your information will only be used for operating Soul Bay and providing services to you except where disclosure is required by law.
17.1 Personal belongings remain your responsibility
17.2 Soul Bay is not responsible for the loss, theft or damage of personal property brought into the studio.
18.1 Participation in exercise involves inherent risks.
18.2 To the maximum extent permitted by law, Soul Bay is not liable for any injury, illness, loss, damage or other harm arising from your participation in its services, except to the extent that liability cannot legally be excluded or is caused by Soul Bay's negligent, reckless or unlawful conduct.
18.3 Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or any other applicable law.
19.1 Soul Bay may suspend your access to services, or terminate this Agreement immediately, where:
fees remain unpaid;
you fail to comply with this Agreement or the applicable Commercial Terms;
you repeatedly breach the Studio Rules or Soul Bay's reasonable directions;
your behaviour is abusive, threatening, discriminatory, harassing, intimidating, unlawful, unsafe or otherwise inappropriate;
your conduct places the health, safety or wellbeing of any member, coach, staff member or visitor at risk;
you intentionally or recklessly damage Soul Bay's property or equipment; or
Soul Bay reasonably considers that suspension or termination is necessary to protect its members, staff, business or reputation.
19.2 Where reasonably practicable, Soul Bay may provide you with an opportunity to remedy a breach before suspending or terminating this Agreement. However, Soul Bay may suspend or terminate this Agreement immediately where the circumstances are serious or involve safety, misconduct or unlawful behaviour.
19.3 Suspension of your access to services does not suspend or reduce your obligation to pay any amounts properly payable under this Agreement unless otherwise agreed by Soul Bay in writing.
19.4 Termination of this Agreement under this Section does not remove your obligation to pay any outstanding amounts properly payable under this Agreement, including any applicable cancellation notice period, Early Exit Fee or other outstanding fees.
19.5 Soul Bay's rights under this Section are in addition to, and do not limit, any other rights or remedies available to Soul Bay under this Agreement or at law.
19.6 Soul Bay reserves the right to refuse future Memberships, Subscriptions or services to any person whose Agreement has been terminated under this Section or who has outstanding amounts owing to Soul Bay.
20.1 Soul Bay may change Membership prices from time to time.
20.2 Members will receive at least thirty (30) days' written notice before any price increase takes effect.
20.3 Price changes do not alter any applicable Minimum Number of Payments.
21.1 Soul Bay may make reasonable changes to class timetables, programming, coaches, equipment, facilities, technology platforms or service inclusions from time to time, provided the overall nature and value of the Membership or Subscription purchased remains substantially the same.
21.2 Without limiting Section 21.1, changes to coaches, staffing, class schedules, programming or the personnel delivering services do not, of themselves, constitute a material change to the Membership or Subscription and do not entitle a Member to cancel this Agreement, receive a refund or avoid any applicable Minimum Number of Payments, Early Exit Fee or other obligations under this Agreement. Members acknowledge that they are purchasing access to Soul Bay's coaching services and Membership or Subscription, rather than the services of any particular coach or staff member.
21.3 Where Soul Bay makes a material reduction to the overall nature or value of the Membership or Subscription purchased, Soul Bay will use reasonable endeavours to provide a suitable alternative service or other reasonable remedy.
22.1 Soul Bay may, at its sole discretion, waive, vary or reduce any fee, notice period or other obligation under this Agreement, or approve a refund, credit, pause, cancellation or other variation in exceptional circumstances.
22.2 Any discretion exercised by Soul Bay under this Agreement:
· applies only to the specific circumstances for which it is granted;
· does not create an ongoing entitlement or precedent for any other Member; and
· may be subject to any conditions reasonably imposed by Soul Bay.
22.3 Nothing in this Section obliges Soul Bay to approve any refund, credit, cancellation, waiver or variation, or to waive any obligation under this Agreement.
23.1 Soul Bay may assign, transfer or novate this Agreement to a purchaser, successor or assignee of the business.
23.2 Any such assignment will not affect your rights or obligations under this Agreement.
24.1 If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions continue to apply.
24.2 Failure by Soul Bay to enforce any provision of this Agreement does not waive its right to enforce that provision in the future.
24.3 This Agreement is governed by the laws of New South Wales and the Commonwealth of Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales and any courts competent to hear appeals from those courts.
25.1 Soul Bay is not liable for any interruption to services caused by circumstances beyond its reasonable control, including natural disasters, government restrictions, power failures, pandemics or failures of third-party service providers.
26.1 Soul Bay may provide notices under this Agreement by email, SMS, the Member portal or any other contact details provided by you.
27.1 By purchasing any Soul Bay service and accepting this Agreement electronically, you acknowledge and agree that:
· you have read and understood this Agreement;
· you agree to comply with these Terms and Conditions;
· you agree to the commercial terms of the service you have selected;
· you authorise Soul Bay to process payments in accordance with this Agreement where applicable; and
· your electronic acceptance has the same legal effect as signing this Agreement by hand.