Terms & Conditions
You agree to pay all Fees as set out in your Agreement and agree to be bound by the terms and conditions as described in the Payment Agreement. For a program to be written you will make your payment in advance as indicated in your Agreement.The Ox Effect may change its Payment Provider. In such circumstances, you must complete and deliver to The Ox Effect a Payment Agreement authorising The Ox Effect new Payment Provider to debit the Membership Fees due for each direct debit period from your Billing Account.The Ox Effect reserves the right, at any time, to change the Membership Fees charged to members for use of its services. The Ox Effect agrees to use reasonable endeavours to provide you with Written Notice of the changes. The changes will take effect thirty (30) days after the Written Notice has deemed to be been received by you. We deem receipt to have occurred three (3) business days after the Written Notice was sent. There will be no refunds given for services issued. Even if client is unhappy or unable to use the service for whatever reason.
All members of The Ox Effect must be a minimum of 18 years of age. All Minors must have a parent or guardian co-sign this Agreement.
The Ox Effect not responsible for your medical/fitness condition
It is your responsibility not to use any equipment which may adversely affect any medical condition. You hereby represent to your Club and The Ox Effect 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.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.You acknowledge that The Ox Effect did not give you any medical advice before you used the equipment, and cannot give you any medical advice after you use the equipment.It is a condition of membership with The Ox Effect that each member, prior to using the Club, has to complete the Pre-Exercise Questionnaire.You will not be permitted to use the Club until you have completed the Pre-Exercise Questionnaire.The Ox Effect reserves the right to restrict, suspend or terminate your membership if The Ox Effect is of the reasonable opinion that you are unfit to utilise the The Ox Effect facilities. If your membership is restricted or suspended for this reason, your membership will not be reinstated until you provide The Ox Effect with a medical certificate confirming that you are fit to train.
Liability of The Ox Effect
You understand and acknowledge that The Ox Effect 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.You understand and acknowledge that The Ox Effect is providing recreational services and may not be held liable for defective products or equipment.The Ox Effect 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 pigeon hole.If you cause damage to the Club or any equipment you are liable to The Ox Effect for its cost of repair or replacement
Limitation of liability The Ox Effect warns that whilst you are partcipating in a program 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:
slipping on flooring;being struck by weights; colliding with equipment, or other members; engaging in strenuous exercise and activities; or incorrect use of equipment,You acknowledge that any such injury may result not only from your actions but from the action, omission or negligence of others.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.You acknowledge that whilst every attempt is made to ensure that the recreational services and facilities provided by The Ox Effect 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.
Statutory guarantees relating to the supply of services. Under the Competition and Consumer Act 2010 (Cth) certain consumer guarantees apply to the supply of goods and services to consumers. These guarantees mean that The Ox Effect will guarantee that the services it supplies to you are:
rendered with due care and skill fit for any purpose you have told us you are acquiring the services for; and supplied within a reasonable time.