TERMS AND CONDITIONS OF USE - Version 1.1 | Effective Date: 17 July 2025

GymGoer Pty Ltd (ACN 680 858 440)

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1. DEFINITIONS

• In these Terms and Conditions ("Terms"), unless the context otherwise requires:

• "Application" means the GymGoer mobile platform and associated services;

• "Member" means a registered user of the Application;

• "Subscribing Gym" means a fitness centre that has entered into an agreement with GymGoer to accept passes;

• "Pass" means a time-limited, non-transferable digital token allowing Member access to a Subscribing Gym;

• "Services" means all services offered via the Application;

• "Credits" means non-refundable rewards earned through specified activities (e.g., referrals);

• "ACL" means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth);

• "Stripe" means the third-party payment gateway utilised by GymGoer for processing transactions.

 

2. AGREEMENT

2.1 These Terms govern access to and use of the Application. By using the Application, Members and Subscribing Gyms agree to be bound by these Terms.

2.2 GymGoer reserves the right to amend these Terms from time to time. Notice of any amendments shall be provided via the Application and will take effect fourteen (14) days after such notice is given.

2.3 Continued use of the Application following any amendments constitutes acceptance of the amended Terms.

 

3. REGISTRATION

3.1 A person may become a Member or Subscribing Gym by creating an account and providing accurate, complete, and up-to-date information, including but not limited to: name, email address, phone number, location, age, identification, and a password.

3.2 Registration is limited to individuals over the age of 18 with capacity to enter binding legal agreements.

3.3 You must not impersonate others or share your account.

 

4. OBLIGATIONS OF MEMBERS

4.1 Members must:

(a) Maintain the confidentiality of account credentials;

(b) Use the Application for lawful purposes and as intended;

(c) Not share or transfer their account;

(d) Adhere to the rules and policies of each Subscribing Gym;

(e) Accept digital waivers and assume responsibility for participation in physical activity;

(f) Not engage in harassing, defamatory, unlawful or disruptive conduct;

(g) Not attempt unauthorised access to systems or data;

(h) Only post content that is accurate, non-misleading, and lawful.

 

5. OBLIGATIONS OF SUBSCRIBING GYMS

5.1 Subscribing Gyms shall:

(a) Be a registered and insured fitness business;

(b) Provide and maintain accurate business and facility details;

(c) Honour all confirmed bookings made through the Application;

(d) Accept digital waivers provided via the Application;

(e) Maintain public liability coverage with minimum of $10 million and professional indemnity insurance with minimum coverage of $1 million and provide documentation upon request;

(f) Treat GymGoer Members as regular patrons and not offer lower pricing outside the Application;

(g) Comply with applicable health, safety and consumer laws.

5.2 GymGoer may terminate gym partnerships for breach of these obligations or user complaints.

 

6. LIABILITY WAIVER – RECREATIONAL SERVICES

6.1 The Member acknowledges that participation in fitness activities involves risk of injury, illness, or death.

6.2 To the maximum extent permitted by section 139A of the Competition and Consumer Act 2010 (Cth) and section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic), the Member:

(a) Waives and releases GymGoer Pty Ltd and its officers, employees, contractors and agents from liability for any injury, loss or damage arising from use of a Subscribing Gym;

(b) Acknowledges this waiver does not apply in the event of gross negligence or reckless conduct.

6.3 Subscribing Gyms are solely responsible for the safety and condition of their premises.

 

7. PASS USAGE

7.1 Passes are:

(a) Activated only upon first check-in;

(b) Valid for one entry per calendar day for the relevant duration (e.g., 1-day, 3-day, 7-day, 14-day, 28-day);

(c) Non-transferable, non-pausable, and non-extendable;

(d) Subject to the Subscribing Gym’s hours of operation, capacity, and entry rules.

7.2 “Calendar day” refers to local time at the Subscribing Gym.

 

8. PAYMENTS AND REFUNDS

8.1 All payments are processed through Stripe. Use of the Services constitutes agreement with Stripe’s terms and conditions.

8.2 Refunds:

(a) Are only available for unused passes (i.e., where no check-in occurred);

(b) Are not provided once a pass has been activated;

(c) May be issued at GymGoer’s sole discretion in exceptional circumstances;

(d) Must first be requested from the relevant Subscribing Gym. If unresolved within 14 days, the Member may submit a written request to GymGoer with supporting documentation.

8.3 If a refund is approved, the Subscribing Gym may be instructed to reimburse the Member, minus applicable fees.

8.4 Credits issued via the Application are non-refundable and non-redeemable for cash.

 

9. PRIVACY AND DATA

9.1 GymGoer collects and handles personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).

9.2 By using the Application, you consent to:

(a) The collection and use of your personal and sensitive information;

(b) Automated decision-making where applicable;

(c) Overseas disclosure of data in compliance with APP 8;

(d) Lawful storage, access, and deletion practices.

9.3 Subscribing Gyms must comply with applicable privacy laws when handling Member data.

 

10. INTELLECTUAL PROPERTY

10.1 All intellectual property in the Application is owned or licensed by GymGoer.

10.2 Users may not reproduce, modify, or distribute content except as authorised by GymGoer.

10.3 By submitting content via the Application, you grant GymGoer a royalty-free, perpetual, worldwide licence to use and adapt such content.

10.4 Subscribing Gyms grant GymGoer a non-exclusive licence to use logos, images, and listings for promotional purposes.

 

11. INDEMNITY

11.1 You agree to indemnify GymGoer Pty Ltd and its officers, employees, and agents against all claims, losses, liabilities, legal costs and damages arising from:

(a) Your breach of these Terms;

(b) Your use or misuse of the Application or Services;

(c) Any injury or damage caused by your actions at a Subscribing Gym;

(d) Any claim arising out of your posted content.

 

12. DISPUTE RESOLUTION

12.1 Prior to commencing legal proceedings, parties agree to attempt to resolve disputes by mediation conducted in Melbourne, Victoria.

12.2 If unresolved within two (2) months, either party may commence litigation in the courts of Victoria.

 

13. TERMINATION

13.1 GymGoer may suspend or terminate access to the Application in the event of a material breach of these Terms, user complaints, or legal risk.

13.2 Members may terminate their accounts by providing five (5) days’ written notice.

13.3 All accrued obligations and liabilities shall survive termination.

 

14. GOVERNING LAW AND JURISDICTION

14.1 These Terms are governed by the laws of Victoria, Australia.

14.2 All disputes shall be resolved exclusively in the courts of Victoria.

 

15. SEVERABILITY

15.1 If any provision of these Terms is held invalid, illegal or unenforceable, the remaining provisions will remain in full force and effect.

 

16. SERVICE AVAILABILITY

16.1 GymGoer does not warrant uninterrupted availability of the Application. Scheduled and unscheduled maintenance may occur.

 

17. CONTACT

17.1 All notices and correspondence must be directed to: help@joingymgoer.com

GymGoer Pty Ltd

ACN 680 858 440

Melbourne, Victoria, Australia