Terms & Conditions of Use
TERMS AND CONDITIONS OF USE Version 1.3
Effective Date: 12 December 2025
GymGoer Pty Ltd (ACN 680 858 440)
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;
• “Participating Venue” means any gym, studio,
class provider or recovery or wellness facility that
has entered into an agreement with GymGoer to
accept Passes, bookings, or redemptions;
• “Class” means a timetabled instructor-led session
offered by a Participating Venue (including boutique
fitness classes);
• “Class Booking” means a reservation made
through the Application to attend a Class;
• “Booking” means a Class Booking or any other
reservation-enabled service made through the
Application;
• “SMS Verification” means the one-time password
and phone verification process used to confirm
account access and reduce fraud;• “Pass” means a time-limited, non-transferable
digital entitlement issued through the Application
that permits a Member to access a Participating
Venue for eligible fitness and/or wellness services,
including gym facilities and recovery or wellness
services, subject to these Terms and any venue-
specific conditions;
• “Services” means all services offered via the
Application;
• “Credits” means non-cash account credits issued
by GymGoer (including referral rewards or
discretionary credits), redeemable only through the
Application, subject to the Refund and Cancellation
Policy;
• “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;
• “AppsFlyer” means the third-party mobile
attribution and analytics provider integrated into the
Application;
• “Tracking Technologies” means cookies, SDKs,
pixels, and similar tools used to collect information
about device usage, app installs, and referral
activity;
• “Wellness Partner” means a Participating Venue
that provides wellness or recovery services;
• “Wellness Services” means activities provided by
a Wellness Partner that involve exposure to heat,
cold, light, or other recovery modalities;•
“Subscribing Gym” means a Participating Venue
that operates a gym or fitness facility;
• “Minor Member” means a Member aged 16 or 17
years;
• “Guardian” means a parent or legal guardian of a
Minor Member who has legal authority to consent on
the Minor Member’s behalf;
• “Guardian Consent” means the verified consent
provided by a Guardian through the Application,
including submission of identification documents
and acceptance of these Terms, the Waiver, and the
Privacy Policy;
• “Staffed Hours” means periods during which a
Subscribing Gym has staff physically present on
site;2. AGREEMENT
2.1 These Terms govern access to and use of the
Application. By using the Application, Members and
Participating Venues agree to be bound by these
Terms and GymGoer’s Privacy Policy, as amended
from time to time.
2.2 GymGoer may amend these Terms at any time.
Unless required earlier for legal compliance, safety,
security, fraud prevention, or to protect Participating
Venues or Members, changes will take effect fourteen
(14) days after notice is provided via the Application.
2.3 Continued use of the Application after the effective
date of any amended Terms constitutes acceptance.
Where a Member is a Minor Member, acceptance
must occur in accordance with the Guardian Consent
process, and GymGoer may require renewed
Guardian Consent where amendments materially
affect Member rights, obligations, safety, or risk
allocation.3. REGISTRATION
3.1 A person may become a Member or Participating
Venue 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.
3.1A Members may be required to complete SMS
Verification to create an account, access the
Application, or confirm sensitive actions (including
bookings, cancellations, purchases, or account
changes).
3.1B Members must maintain control of the phone
number linked to their account and must not
circumvent, interfere with, or misuse SMS Verification.
GymGoer may suspend or terminate accounts where
it reasonably suspects misuse, fraud, or unauthorised
access.
3.2 Registration is available to:
(a) individuals aged 18 years or over who have legal
capacity to enter binding legal agreements; and
(b) individuals aged 16 or 17 years, provided that
Guardian Consent has been obtained and approved
by GymGoer.
3.3 Minor Members may only access Participating
Venues during Staffed Hours where applicable and
are subject to any additional rules, restrictions,
supervision requirements, or refusal of entry imposed
by a Participating Venue at its discretion
.3.4 GymGoer reserves the right to approve, reject,
suspend, or revoke Minor Member access at any time,
including where identification cannot be verified or
where safety or legal concerns arise.
3.5 You must not impersonate others or share your
account.
3A. MINOR MEMBERS AND GUARDIAN
RESPONSIBILITY
3A.1 Where a Member is a Minor Member, the
Guardian enters into these Terms as the contracting
party on behalf of the Minor Member and accepts full
legal responsibility for the Minor Member’s use of the
Application and Services.
3A.2 The Guardian warrants that:
(a) they are the lawful parent or legal guardian of the
Minor Member;
(b) all information and identification provided is
accurate and current; and
(c) they consent to the Minor Member participating in
fitness, wellness, and recreational activities.
3A.3 The Guardian agrees to be bound by these
Terms, the Waiver, and the Privacy Policy and to
indemnify GymGoer in accordance with Clause 11 for
any acts or omissions of the Minor Member.
3A.4 Guardian Consent does not guarantee entry to
any Participating Venue. Participating Venues retain
absolute discretion to refuse entry to Minor Members.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
Participating Venue;
(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;
(i) Acknowledge and consent to the collection and use
of their data by GymGoer and third-party providers
(including AppsFlyer) in accordance with the Privacy
Policy.
(j) If the Member is a Minor Member, comply with all
Guardian-imposed conditions, Participating Venue
rules, supervision requirements, and Staffed Hours
restrictions.
(k) Not make any Booking on behalf of another person
and not transfer or share any Booking, Pass, QR
code, or entry mechanism.
(l) Comply with all Participating Venue rules relating to
Bookings, including punctuality, class participation
requirements, safety instructions, and hygiene
requirements for recovery facilities.
5. OBLIGATIONS OF PARTICIPATING VENUE
5.1 Participating Venues shall:
(a) Be a registered and insured fitness, wellness, or
recovery business;
(b) Provide and maintain accurate business and
facility details, including details of wellness and
recovery services offered (e.g., sauna, ice bath,
cryotherapy, red-light therapy);
(c) Honour all confirmed bookings made through the
Application;
(d) Accept digital waivers provided via the Application;
(e) Maintain public liability coverage with a minimum
of $10 million and professional indemnity insurance
with a 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, including specific regulations
governing heat, cold, and light exposure facilities;
(h) Ensure wellness and recovery equipment is
operated, maintained, and sanitised in accordance
with industry standards and manufacturer guidelines;
(i) Provide clear safety instructions, warnings, and
usage guidelines for all wellness and recovery
services prior to Member participation;
(j) Ensure staff are adequately trained to supervise
services and respond to adverse health events
(including heat exhaustion, hypothermia, fainting, or
related incidents);
(k) Comply with all privacy and data protection laws
when handling Member data;
(l) Implement reasonable safeguards to protectMember data against unauthorised access,
disclosure, or misuse.
(m) promptly notify GymGoer of any Class schedule
changes, instructor changes, venue closures, or
cancellations that may affect Bookings.
(n) honour confirmed Bookings unless reasonably
required to cancel due to safety, venue capacity,
instructor unavailability, equipment failure, or
circumstances outside reasonable control.
(o) comply with GymGoer’s check-in and Booking
verification processes (including QR check-in where
applicable).
5.2 GymGoer may terminate gym or wellness
partnerships for breach of these obligations or for user
complaints that pose a risk to Member safety or legal
compliance.
6. LIABILITY WAIVER - FITNESS, CLASSES,
WELLNESS, AND RECOVERY SERVICES
6.1 The Member acknowledges that participation in
fitness, class-based, wellness, and recovery activities
(including but not limited to gym exercise, Classes,
studio-based sessions, sauna, ice bath, cryotherapy,
red-light therapy, and similar activities) at or through a
Participating Venue involves inherent risks of injury,
illness, or death.6.2 GymGoer operates solely as a technology
platform facilitating access to Participating Venues
and does not provide, operate, control, manage,
supervise, instruct, or deliver any fitness, class,
wellness, or recovery services. All such services are
provided exclusively by Participating Venues.
6.3 To the maximum extent permitted by law, including
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
agrees that GymGoer excludes all liability for death or
personal injury suffered by the Member arising from
the supply of recreational services by a Participating
Venue, except to the extent that such liability cannot
lawfully be excluded.
6.4 Each Participating Venue is solely responsible for
the safety, condition, operation, supervision, and
maintenance of its premises, equipment, staff,
instructors, classes, wellness facilities, recovery
services, and any related warnings, instructions, or
safety information provided to Members.6.5 Where the Member is a Minor Member, the
Guardian acknowledges and agrees that:
(a) the Guardian has reviewed and accepted this
waiver on behalf of the Minor Member;
(b) the Guardian consents to the Minor Member
participating in fitness, class-based, wellness, and
recovery activities at Participating Venues;
(c) the Guardian assumes full responsibility for the
Minor Member’s participation in all such activities; and
(d) GymGoer does not provide supervision,
instruction, monitoring, or oversight of Minor
Members, including in relation to Classes or recovery
services at any Participating Venue.7. PASSES
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 Participating Venue’s hours of
operation, capacity, and entry rules;
(e) Redeemable for fitness facilities and/or Wellness
Services offered by participating venues, where
available;
(f) Subject to additional conditions imposed by
Wellness Partners, including mandatory pre-booking,
maximum usage times, supervision requirements, or
health eligibility restrictions;
(g) Not a guarantee of access to specific equipment or
services at a particular time, as availability may vary;
(h) Revocable at GymGoer’s discretion in cases of
misuse, breach of rules, or behaviour that endangers
health, safety, or facility operations.
(i) For Minor Members, Passes are valid only during
Staffed Hours where applicable and may be subject to
additional conditions imposed by Participating
Venues, including supervision requirements or age-
based restrictions.
(j) A Pass must be activated (first check-in) within
thirty (30) days of purchase, otherwise it will expire
and become unusable, subject to the ACL and the
Refund and Cancellation Policy.(k) Multi-day Passes (including 3-day, 7-day, 14-day,
28-day) run on consecutive calendar days from the
date of first check-in (activation) and expire at the end
of the final calendar day.
7A. CLASSES AND BOOKINGS
7A.1 The Application may allow Members to make
Bookings for Classes or other scheduled services
offered by Participating Venues.
7A.2 Bookings are personal, non-transferable, and
may only be used by the Member who made the
Booking.
7A.3 Participating Venues control capacity,
scheduling, instructor allocation, and class
participation requirements. Classes may be changed,
rescheduled, substituted, or cancelled by Participating
Venues.
7A.4 GymGoer does not guarantee that any Class will
run as advertised, that a specific instructor will deliver
the Class, or that any particular equipment or facility
will be available.
7A.5 Where a Class is added or managed manually
(including by GymGoer staff based on information
provided by a Participating Venue), GymGoer does
not warrant the completeness or accuracy of that
information and the Participating Venue remains
responsible for delivery of the Class.
7A.6 Members must comply with Participating Venue
rules for late arrival, participation eligibility, safety
requirements, and any refusal of entry.7A.7 Cancellations, late cancellations, no-shows, and
any fees or credits (if applicable) are governed by the
Refund and Cancellation Policy.
7.2 “Calendar day” refers to the local time at the
relevant Participating Venue.
8. PAYMENTS, CANCELLATIONS AND REFUNDS
8.1 All payments are processed through Stripe. Use of
the Services constitutes agreement with Stripe’s terms
and conditions.
8.2 Prices, cancellations, refunds, credits, late
cancellations, no-shows, and expiry rules are
governed by the GymGoer Refund and Cancellation
Policy, as updated from time to time.
8.3 Nothing in these Terms excludes, restricts, or
modifies any rights or remedies available under the
ACL that cannot lawfully be excluded.
8.4 Credits issued via the Application are non-
refundable and non-redeemable for cash.
9. PRIVACY AND DATA9.1 GymGoer collects and handles personal
information in accordance with the Privacy Act 1988
(Cth), the Australian Privacy Principles, and its Privacy
Policy.
9.2 By using the Application, you consent to:
(a) The collection, use, and disclosure of your
personal and sensitive information as set out in the
Privacy Policy;
(b) The use of third-party analytics and attribution
platforms (including AppsFlyer), which may process
device identifiers, referral data, purchase event data,
and engagement metrics;
(c) Automated decision-making where applicable,
limited to fraud prevention, app performance analysis,
and user recommendations;
(d) Overseas disclosure of personal information to
jurisdictions including the United States, Israel,
Singapore, and the European Union;
(e) Storage and processing of your information by
third-party service providers.
(f) the collection, storage, and verification of
identification documents for Minor Members and their
Guardians for age verification, consent, fraud
prevention, and legal compliance purposes, in
accordance with the Privacy Policy.
(g) receiving transactional communications (including
SMS) necessary to operate the Application, verify
accounts, prevent fraud, confirm purchases, and
manage Bookings.
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
Participating Venue;
(d) Any claim arising out of your posted content.
(e)Where the Member is a Minor Member, the
Guardian’s indemnity under this clause extends to all
acts, omissions, injuries, losses, damages, and claims
arising from or in connection with the Minor Member’s
conduct, participation, or use of the Application or
Services.
12. DISPUTE RESOLUTION12.1 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, including
repeated no-shows, repeated late cancellations,
suspected fraud, misuse of credits, or misuse of SMS
verification.
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 AVAILABILITY16.1 GymGoer does not warrant uninterrupted
availability of the Application. Scheduled and
unscheduled maintenance may occur.
17. THIRD-PARTY SERVICES
17.1 The Application integrates third-party services
including, but not limited to, Stripe (payments) and
AppsFlyer (analytics and attribution).
17.2 While GymGoer takes reasonable steps to
ensure third-party providers maintain appropriate
standards, GymGoer is not responsible for the acts or
omissions of such providers.
17.3 Your use of the Application constitutes
acknowledgement that your information may be
processed by such providers in accordance with their
respective terms and privacy policies.
18. NO SUPERVISION OBLIGATION
18.1 GymGoer does not supervise, monitor, or control
Member activity at Participating Venues, including for
Minor Members.
18.2 Responsibility for supervision of Minor Members
rests with the Guardian and the Participating Venue in
accordance with their own policies.
19. CONTACT
19.1 All notices and correspondence must be directed
GymGoer Pty Ltd
ACN 680 858 440
Melbourne, Victoria, Australia