FOCUSCYCLE Membership – terms and conditions
If you are reading these terms and conditions, we hope it is because you are about to join the FOCUSCYCLE family, and not because you feel the need to evaluate your rights under them.
By submitting your Application Form, electronically accepting these terms and conditions, or utilising a FOCUSCYCLE Studio for its intended purpose, you confirm that you have read, understood, and agree to be bound by the Agreement.
Members, please be aware that:
- your membership with a particular FOCUSCYCLE Studio may only be transferred by FOCUSCYCLE in accordance with clause 3.8 and if you elect to cancel your membership, you are unable to join a FOCUSCYCLE Studio other than your Billing Studio for a period of three (1) months;
- the payment of your Membership Fee (and any applicable fees payable to FOCUSCYCLE third party payment provider) will be by way of direct debit from your Billing Account, in the amount and frequency as set out this Agreement;
- any foundation or any other discounted Membership Fees apply to new members only. Once you have acquired a FOCUSCYCLE Membership, a Member will not be permitted to acquire any foundation or discounted Membership Fees at another FOCUSCYCLE Studio;
- FOCUSCYCLE may cancel, restrict, suspend or terminate your membership for any of the reasons set out in clause 11;
- participating in physical exercise has inherent risks and undertaking such activity may result in personal injury, illness or death; and
- you accept and assume all risks and dangers associated with your attendance at a FOCUSCYCLE Studio, including for the safekeeping of your belongings.
1. Definitions
The following definitions have the corresponding meanings:
a. Agreement has the meaning provided by clause 2.1;
b. Application Form means the form completed by or on behalf of a Member relating to the application for membership at a FOCUSCYCLE Studio;
c. Billing Account means the account nominated by the Member on the Application Form;
e. FOCUSCYCLE Studio means any FOCUSCYCLE Studio a member is entitled to visit;
f. FOCUSCYCLE Studio Rules means any rules that apply to a FOCUSCYCLE Studio as notified to a Member;
g. Content means any information previously provided by you to FOCUSCYCLE (including any photographs or other content);
h. Direct Debit Authority means the document permitting FOCUSCYCLE’s third-party payment provider to provide the direct debit facility in respect of payment of the Membership Fee from a Member’s Billing Account;
i. Equipment means all equipment in a FOCUSCYCLE Studio;
j. GST means any applicable goods and services tax, value-added tax, harmonised sales tax or such other analogous tax applicable to consideration paid under this Agreement;
k. Billing Studio means the FOCUSCYCLE Studio entitled to collect a Member’s Membership Fees;
l. Member means a member of any FOCUSCYCLE Studio, and for the purposes of this Agreement, includes references to you and includes the parent or guardian of a Member if the Member is under 18 years of age;
m. Membership Fee means the amount payable pursuant to the Agreement;
n. Membership Freeze means a period of up to four (4) weeks but not less than one (1) week;
o. Losses means expenses, costs, liabilities, claims, actions, proceedings, demands, damages, judgments and losses of any kind whatsoever (including consequential and economic losses, property loss/ damage and damages for injury, including personal injury and death);
p. Personnel any officer, director, employee, agent, contractor or volunteer;
q. Pre-Exercise Questionnaire means the pre-exercise questionnaire completed by the Member;
r. Privacy Policy means the FOCUSCYCLE privacy policy available at https://bodyfittraining.com; and
s. Recordings means photographs or audio or video recordings containing the image, voice or likeness of a Member.
2. Your application
2.1. These terms and conditions together with the application form, the FOCUSCYCLE Studio Rules, the Pre-Exercise Questionnaire, the Direct Debit Request and Privacy Policy together make up a legally binding agreement between FOCUSCYCLE, the FOCUSCYCLE Franchisee and the Member (the “Agreement”).
2.2. You acknowledge that you have not relied on any representations made to you prior to or at the time of entering this Agreement.
2.3. Submission of the Application Form does not guarantee membership. FOCUSCYCLE reserves the right to reject any Application Form, or otherwise restrict, suspend or terminate an existing membership including in circumstances where FOCUSCYCLE is of the reasonable opinion that you are unfit to partake in the activities offered by FOCUSCYCLE. You may be required to provide a medical certificate to FOCUSCYCLE confirming that you are fit to train prior to membership being granted or re-instated.
2.4. You acknowledge that you must complete the Pre-Exercise Questionnaire to the satisfaction of FOCUSCYCLE before partaking in the activities offered by FOCUSCYCLE.
2.5. FOCUSCYCLE holds, so far as a provision of this Agreement is for the benefit of a third party, that provision on trust in respect of that third party. You acknowledge that FOCUSCYCLE may enforce any such provision on behalf of that third party.
3. Membership
3.1. A Member’s membership commences on the date that the Member enters into this Agreement, or in the case where a Member signs up to a new FOCUSCYCLE Studio that is not yet trading, on the date of opening of that new FOCUSCYCLE Studio.
3.2. Subject to the terms of this Agreement, Members are entitled to use the facilities at any FOCUSCYCLE Studio so long as the Member continues to comply with its obligations set out in this Agreement – including any reasonable future changes this Agreement contemplates.
3.4. Members are not entitled to transfer their membership unless as otherwise set out in this agreement.
3.5. To the extent permitted by law, you acknowledge and agree that Membership Fees are non-refundable, including for the avoidance of doubt, instances of non-usage.
3.6. Members may at any time, on giving one (1) weeks’ notice, request a Membership Freeze.
3.7. Members may not cancel their membership at any time during a Membership Freeze.
3.9. If a Member attends a FOCUSCYCLE Studio other than their Billing Studio and that studio is deemed by FOCUSCYCLE to be a holiday destination, certain exclusions or additional fees may apply.
3.10. At regular intervals, FOCUSCYCLE will review Member’s FOCUSCYCLE Studio attendances. In circumstances where a FOCUSCYCLE Member more frequently attends a FOCUSCYCLE Studio other than that Member’s Billing Studio, FOCUSCYCLE reserves the right to transfer the Member to the more frequently visited Studio. The new FOCUSCYCLE Studio will become the Member’s new Billing Studio for administrative and billing purposes. The Membership Fee that will apply to the Member will be the higher of their current Membership Fee and the standard Membership Fee at the new FOCUSCYCLE Studio.
3.11. In circumstance where a Member seeks to terminate its membership and enter into a membership with a different FOCUSCYCLE Studio, the Membership Fee that will apply to the Member will be the higher of their current Membership Fee and the standard Membership Fee at the new FOCUSCYCLE Studio.
3.12. Members acknowledge that the obligation to pay a higher Membership Fee under clause 3.10 is reasonable in the circumstances and may, by way of example, operate to deter Members from entering into agreements with their Billing Studio at discounted rates but with the intention of visiting FOCUSCYCLE Studios that would otherwise charge a higher membership fee.
3.13. Members further acknowledge that foundation or any other discounted Membership Fees apply to new Members only.
4. Membership Fee
4.1. By entering into this Agreement, you agree to pay all Membership Fees for the respective period in advance. Failure to do so, may result in a hold being placed on your account and you may be refused entry to a FOCUSCYCLE Studio.
4.2. FOCUSCYCLE reserves the right to amend the Membership Fee on no less than 30 days’ notice to Member’s.
4.3. FOCUSCYCLE operates a cashless business, with payment of the Membership Fee to be made by the way of direct debit from a Member’s Billing Account. FOCUSCYCLE uses a third-party direct debit provider and Members are required to complete the Direct Debit Request to allow deductions from their Billing Account.
4.4. The Direct Debit Request will continue until a Member’s membership is terminated or cancelled in accordance with the terms of this Agreement. For the avoidance of doubt, the authorisation given under the Direct Debit Request will continue following any assignment or transfer of this Agreement from your Billing Studio to any other FOCUSCYCLE Studio.
4.5. You consent to FOCUSCYCLE providing your personal information to a third-party direct debit provider during the term of this Agreement. If FOCUSCYCLE changes third-party direct debit providers during the term of this Agreement, you consent to FOCUSCYCLE or the direct debit provider providing your personal information to the new direct debit provider.
4.6. FOCUSCYCLE may recover from you any merchant or other fees FOCUSCYCLE may incur because of any costs incurred by or charged to FOCUSCYCLE as a result of your method of payment.
4.7. FOCUSCYCLE reserves the right to charge you a reasonable processing fee being the reprocessing fee in the event of dishonoured payment.
4.8. Members are responsible for ensuring they do not do anything that may result in the closure or cancellation of the Billing Account without taking appropriate steps to update their Billing Account with FOCUSCYCLE. You will remain liable to FOCUSCYCLE for any unpaid Membership Fees or any additional fees incurred by FOCUSCYCLE in this regard.
5. Conditions of entry
5.1. Each time a Member uses a FOCUSCYCLE Studio, they must ensure they are in good physical condition and know of no medical or other reason why they should not exercise. If unsure, the Member should not use the FOCUSCYCLE Studio until they have sought appropriate medical guidance and have been given the go-ahead. Members must not use a FOCUSCYCLE Studio if they are suffering from any illness, disease, injury or other condition that could be a risk to their health or safety or the health and safety of other members or studio staff.
5.2. To ensure FOCUSCYCLE is able to provide a high level of service in a safe, healthy and pleasant environment, Members acknowledge and agree that failure to comply with the following conditions may result in the restriction, suspension or termination of a Members’ membership:
a. Members must not engage in behaviour that is abusive, improper, harmful, threatening, endangers others or is otherwise not in the best interests of staff or other Members;
b. Members must not access any FOCUSCYCLE Studio under the influence of illicit drugs, alcohol or any other medications that warn against strenuous or excessive exercise under their influence, or against medical advice;
c. Members must at all times comply with any FOCUSCYCLE Studio Rules;
d. Members must ensure that they are moderately dressed at all times, including clean sport shoes and clothing must be clean and tidy and free from political or offensive prints or designs;
e. Members must not engage in any illegal activities in any FOCUSCYCLE Studio;
f. Members must not engage in any conduct to solicit business from other Members;
g. Members are not permitted to smoke, consume food or chewing gum in any FOCUSCYCLE Studio.
6. Class bookings and cancellation
6.1. Class spaces are limited and must be pre-booked online to reserve space.
6.2. Class bookings close fifteen (15) minutes prior to a class commencing.
6.3. If you pre-book a class and fail to cancel or attend without giving adequate notice to FOCUSCYCLE to re-allocate the booking or otherwise provide sufficient reasons for failing to attend (in FOCUSCYCLE’s absolute discretion), you may be charged a “no-show fee” of hkd50, which you acknowledge is fair and reasonable.
6.4. Cancellations on pre-bookings can be done up to 12 hours before the class to avoid a no-show fee.
7. Equipment
7.1. Members must comply with all equipment operating and safety instructions, or any other direction given to them by any staff at the FOCUSCYCLE Studio.
7.2. You acknowledge and agree that the Equipment within FOCUSCYCLE Studios has been purchased or leased from third-parties and FOCUSCYCLE does not manufacture any of the Equipment. FOCUSCYCLE may not be held liable in respect of any defective or faulty Equipment, except to the extent that such defect or fault was caused by the negligent act of FOCUSCYCLE.
8. Physical Condition
8.1. To the best of your knowledge and belief, you represent and warrant to FOCUSCYCLE that:
a. you are not aware of any condition/impairment that may be affected or aggravated or otherwise prevent you from engaging in any physical activity;
b. you are sufficiently physically fit to participate without risk to your health;
c. it is your own responsibility to seek medical advice in relation to your participation; and
d. you are wholly responsible for acting on all medical advice you receive and for taking all such precautions as may be necessary in relation to any conditions or impairments that you may have at the time of your participation.
8.2. If you are injured or become ill whilst participating, you consent to the administration of first aid and/or medical treatment by FOCUSCYCLE. You agree that you are responsible for the payment or reimbursement of any medical costs incurred by or on behalf of FOCUSCYCLE in respect of any first aid or medical treatment rendered that you are responsible for arranging and paying for any personal medical insurance you might require to cover all or part of those costs.
8.3. You agree that whilst FOCUSCYCLE will take all reasonable steps to ensure your safe participation, you assume all of the risks associated with your participation.
9. CCTV surveillance
9.1. For safety purposes, you acknowledge and agree that closed circuit television may be installed within appropriate areas in each FOCUSCYCLE Studio. You consent to being filmed for these purposes and understand that FOCUSCYCLE will only use any images or recordings in accordance with its Privacy Policy.
10. Property
10.1. FOCUSCYCLE is not liable to you for any property that is lost, damaged or stolen while in a FOCUSCYCLE Studio, irrespective whether such property was placed in any storage facilities that may be allocated.
10.2. In circumstances where you inappropriately use equipment causing damage to the equipment or any part of the FOCUSCYCLE Studio, you will be liable to FOCUSCYCLE for the cost incurred for such repair or replacement.
11. Termination and cancellation
11.1. In hong kong (as required by law), if a Member changes their mind after joining their Billing Studio, the Member will have 7 days to cool off or cancel their membership. Please note that if the Member has joined an unopened FOCUSCYCLE Studio, the 7-day cooling off period will commence once the FOCUSCYCLE Studio commences trading. To be effective, you must notify FOCUSCYCLE in writing at any time during their cooling off period. If a Member exercises their right to cool off, they will be charged for any services or products already supplied but the Membership Fees will be refunded.
11.2. Members may terminate their membership at any time on the provision of two (2) weeks’ notice in person to FOCUSCYCLE (or by written notice in exceptional circumstances). At the expiry of the two (2) week period, you will no longer incur any financial obligations after the expiration of that period.
11.3. After providing notice in accordance with clause 11.2, a Member may continue to visit FOCUSCYCLE Studios for any period that they have paid in advance but will cease to have access once that pre-paid period expires. The member will be unable to join another FOCUSCYCLE Studio other than their Billing Studio for a period of 3 months.
11.4. To formalise the termination of a Member’s membership, the Member may be required to complete any forms reasonably required by FOCUSCYCLE.
11.5. FOCUSCYCLE reserves the right to immediately restrict, suspend or terminate a Member’s membership in circumstances where:
a. you have breached any provision of this Agreement (including the conditions of entry set under clause 5) or any FOCUSCYCLE Studio Rules;
b. there are health and safety concerns for you or any other member as a result of your conduct;
c. FOCUSCYCLE or any FOCUSCYCLE franchisee reasonably suspects that you have engaged in an illegal activity in any FOCUSCYCLE Studio; or
d. your Billing Studio closes and a suitable replacement FOCUSCYCLE Studio is not available for the transfer of your membership.
11.6. Upon termination of your membership, you will no longer be permitted to book classes and access a FOCUSCYCLE Studio and any outstanding monies you owe FOCUSCYCLE will become immediately due and payable.
11.7. Termination or expiration of this Agreement is without prejudice to the rights of each party against the other in respect of anything done or omitted under this Agreement prior to such termination or expiration.
12. Release and indemnity
12.1. FOCUSCYCLE acknowledges that consumer laws in the countries FOCUSCYCLE operates in contain certain guarantees for the supply of goods or services that cannot be excluded, restricted or modified by this Agreement. Nothing in this Agreement is intended to exclude or restrict the application of such laws in each of the jurisdictions we operate.
12.2. To the extent permitted by law, you hereby release and hold harmless FOCUSCYCLE and their staff from any Losses incurred or suffered by you and which arise out of, are caused by, are attributable to or result from your participation in any activity in any FOCUSCYCLE Studio.
12.3. To the extent permitted by law, you indemnify FOCUSCYCLE and their staff against any Losses incurred or suffered by any of them which arise out of, are caused by, are attributable to or result from any breach of this agreement, breach of any warranty or any wrongful or negligent act or omission by you.
12.4. The release (contemplated by clause 12.2) and the indemnity (contemplated by clause 12.3) do not apply where any Losses are caused by the gross negligence of FOCUSCYCLE.
13. Applicable law
13.1. The parties expressly agree that this Agreement will be governed by and interpreted in accordance with the laws of the State, Territory, Province or Country of a Members Billing Studio. The parties also submit to the jurisdiction of the Courts of the State, Territory, Province or Country a Member’s Billing Studio is located.
14. Privacy
14.1. FOCUSCYCLE may collect and use a Members’ personal information for the following purposes including without limitation:
a. to process and administer your dealings as a Member of FOCUSCYCLE;
b. to deliver the services we hold ourselves out to provide; and
c. to administer the transactions contemplated by this Agreement, including but not limited to processing any direct debit requirement.
14.2. FOCUSCYCLE will generally:
a. use personal information provided to it for the purposes relating to these Terms; and
b. use personal information collected by in accordance with its Privacy Policy.
14.3. Members authorise FOCUSCYCLE to disclose their personal information to third party contractors and service providers that assist FOCUSCYCLE to operate its business and deliver the member services (including information technology suppliers, communication suppliers and our business partners) or as required by law.
14.4. FOCUSCYCLE relies on the Member to ensure that the personal information provided to FOCUSCYCLE is current and accurate. Members may find out what personal information FOCUSCYCLE holds about them and, where necessary, may correct any errors in this information (some restrictions and costs may apply).
14.5. You consent to:
a. the terms of our Privacy Policy and the terms of the Privacy Policy are incorporated into this Agreement by reference;
b. FOCUSCYCLE collecting using and disclosing the personal information provided to FOCUSCYCLE on these Terms, including without limitation, for the purposes indicated in there Terms, the Privacy Policy or for any other purpose to which you have consented.
14.6. If a person provides information or data about a person other than them, they warrant that they hold the other person’s consent to collect, use and/or disclose their information or data for the purposes set out in these Terms and that the information or data provided is accurate and complete.
15. GST
15.1. Unless otherwise stated all prices or other sums payable or consideration to be provided under this Agreement are stated before the addition of GST.
16. Non-waiver
16.1. Failure by FOCUSCYCLE to enforce or delay in enforcing any right or provision of this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed by FOCUSCYCLE in writing.
17. Assignment
17.1. FOCUSCYCLE may at any time in its reasonable discretion assign this Agreement to any party.
18. Variation of these terms and conditions
18.1. FOCUSCYCLE reserves the right to revise and amend these terms and conditions from time to time to reflect:
a. changes in market conditions affecting the membership;
b. changes in technology;
c. changes in payment methods;
d. changes in relevant laws and regulatory requirements; or
e. any other reason determined by FOCUSCYCLE acting reasonably.
19. Electronic communications
19.1. In addition to delivery in person, the parties agree to communicate via email or other electronic communication.
19.2. FOCUSCYCLE accepts no liability for any direct, indirect, special, consequential or other losses or damages of whatsoever kind arising out of any electronic transmission, access to, or the use of FOCUSCYCLE’s website or applications or any information contained therein (including the avoidance of doubt, any viruses, malicious computer code or other forms of interference which damage your computer system or mobile phone.
19.3. You agree to take your own precautions to ensure that submitting and receiving electronic communications does not expose you to risk and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer codes or other forms of interference.
20. Promotion and media
20.1. In consideration of FOCUSCYCLE granting you a membership, you:
a. acknowledge and agree that Recordings may be taken, captured or made by Personnel of FOCUSCYCLE;
b. give unconditional and irrevocable consent for FOCUSCYCLE and its Personnel to use the Recordings and Content in perpetuity without restriction as to changes or alterations, and to disclose any of your personal information that is contained in the Recordings or Content, to any person (including via social media) and via any medium for the purpose of promoting FOCUSCYCLE or any other purpose FOCUSCYCLE reasonably requires;
c. acknowledge and agree that you are not entitled to any remuneration, royalties or any other payment from FOCUSCYCLE in respect of the use of any Recordings or Content;
d. acknowledge and agree that as between yourself and FOCUSCYCLE, FOCUSCYCLE is the sole legal and beneficial owner of all intellectual property rights in and attaching to any Recordings or Content; and
e. acknowledge and agree that FOCUSCYCLE may assign or transfer the benefit of the consent given under this clause 20.1 to any person.
21. General
21.1. If any part of these terms and conditions (including any provision, part, paragraph or phrase or word) is illegal, invalid or unenforceable, it will be read down so far as necessary to give it a valid and enforceable operation or, if that is not possible, it will be severed from these terms and conditions, but the remaining provisions will remain in full force and effect.
21.2. In these terms and conditions, unless the contrary intention appears:
a. a person includes a corporation, unincorporated association, partnership, joint venture or public, statutory or governmental association or agency;
b. a statute or regulation includes an amendment, replacement or re-enact of that statute or regulation;
c. a reference to dollars is to Australian dollars unless otherwise indicated;
d. the word “including” and similar expressions are not words of limitation; and
e. a reference to conduct includes any omission and any statement or undertaking, whether or not in writing.
21.3. Any notice in connection with these terms and conditions will be deemed to have been duly given when made in writing and delivered by post or email to the party to whom such notice is intended to be given, at the address or email address of that party in the Application Form or to such other address or email address as may from time to time be notified in writing to the other party.
21.4. The Agreement contains the entire agreement of the parties and may only be amended in writing.
21.5. These terms and conditions do not create a relationship of agency, partnership, joint venture, or employment between the parties. Neither party has any authority to act for or incur any liability or obligation on behalf of the other party in any manner.
