Our service terms and conditions have been established to ensure our clients are aware of their rights and responsibilities as a client of Soul Bay Strength Training (‘Soul Bay’). On acceptance of this agreement, you will be referred to as a Soul Bay “client” and have the usage rights and obligations as detailed below.
Client Agreement Terms
Soul Bay Program Agreements (Direct Debit)
The Soul Bay Program Agreement commences on the date of purchase of chosen program option. The program agreement is personal to the “client” and the agreement cannot be assigned or transferred to another person unless authorised by Soul Bay.
The client can choose one of the membership options offered by Soul Bay. Currently, there are currently three options:
- Standard Program
- Premium Program
- Exclusive Program (offered only to current Soul Bay clients, current as at 8th March 2021)
Different rates apply for each program option. The client agrees to pay to Soul Bay the fees applicable to the program option selected. This charge is indicated at the point of sale, through online purchasing and on the manual Ezidebit Direct Debit form. Payment cycles occur weekly. The Soul Bay Program Agreement will automatically renew with the same Program option at the end of the 12-month agreement period, unless notified otherwise.
Soul Bay uses an external company to manage the direct debit payment system. Payments to Soul Bay via direct debit must comply with the Ezidebit terms and conditions. Please check all direct debit documentation before accepting.
- Program Agreement Cancellation Policy
Soul Bay reserves the right to cancel the client’s program agreement at its discretion. All Soul Bay Program Agreements have an initial one-month minimum term. Following this, the client may cancel or suspend their Program agreement and direct debit by giving Soul Bay a minimum of 14 days’ notice in writing prior to the affected payment. A client may only terminate before this term due to medical reasons such as serious illness, physical disability or other extenuating circumstances as deemed sufficient by Soul Bay. Documentation may be required to support these claims.
Soul Bay does not provide refunds of direct debit payments, for program agreements. Soul Bay does not provide refunds for individual classes or sessions provided under the membership agreement.
- Putting your membership Agreement (Direct Debit) on hold:
In any 12-month period you can ‘freeze’ your Soul Bay Program Agreement three times, for up to 6 weeks, for all periods combined. We do not charge a freeze fee. While on hold, all billing will be frozen and our services cannot be used.
We may agree to freeze your Program Agreement for more than the 6-week period for travel, medical or hardship reasons but you may be required to provide proof (such as supporting documents) to our reasonable satisfaction.
- Soul Bay Single Classes, Single Personal Training Sessions and Personal Training Packages
Soul Bay offers a range of class and personal training sessions options, which can be purchased separately from the Soul Bay Program Agreement. This includes single classes, single personal training sessions and personal training packages.
When classes and sessions are purchased either as singles or as a package, no refund will be provided for unused sessions.
The discounted price per personal training session within a package is based on the whole package price.
Session Cancellation or Reschedule Policy
Soul Bay has a 6-hour cancellation policy. Classes and personal training sessions cancelled 6 hours or less before the client’s session booking, will be considered an attended session. Sessions cannot be re-scheduled less than 6 hours prior to a session booking.
For Program Agreements (Direct Debit), if the client is unable to attend all of their weekly sessions within a given week. The sessions cannot be redeemed the following week, unless under circumstances accepted by Soul Bay.
First time client’s must provide an accurate health and fitness profile to their trainer prior to engaging in classes or personal training sessions with Soul Bay.
The client is aware that photography may occur during sessions. While prior notification will be provided in most cases, the client gives permission for this to be used for marketing purposes that may include but not be limited to, flyers, newsletters and the company website.
Personal Results Disclaimer
Although the products and services at Soul Bay are intended to be fully implemented, sometimes they may not be, which could result in a lack of progress/results for the user.
If the client implements the products and services from Soul Bay correctly, significant results are expected. However, it must be disclaimed that even when clients implement any products or services in full from Soul Bay it is still possible they will not get the results they may have expected and it is also possible they will not lose fat or gain muscle or achieve any positive results of any kind. It is of extremely low chance that this event will happen as it has never happened before for those who have committed 100% to the programs designed by Soul Bay qualified trainers.
COVID-19 Client Safety Responsibilities
The following practices have been put into place and must be followed by all clients to reduce the risk of spreading COVID 19.
- It is mandatory for all client’s to bring their own clean sweat towel to every training session.
- All client’s and trainers will be required to use hand sanitizer (provided by trainers on location) before and after every session
- Clients must wipe the equipment they are using in class, before the next person uses it.
- All equipment used during each session will be cleaned with anti-bacterial wipes by trainers between each session
- Clients attending Playground (free time) sessions, must wipe all equipment after finishing their session.
- All client’s will be checked in to their classes by their trainer at the beginning of each class.
- If a client is not feeling well, they must not attend training sessions. In this instance, it is expected that the client will provide Soul Bay Training, with the required minimum of 12 hours’ notice prior to cancelling their session. However, Soul Bay Training may at their discretion, waive the cancellation policy on a case-by-case basis.
- Soul Bay Strength Training has put in place a COVID-19 Safety Plan and is registered with the NSW Government as a COVID-safe business.
- All members attending Playground sessions (without an instructor) and members and non-members who are visiting the studio and not attending classes, must check-in, using the NSW Government QR code at reception.
Operational & Facility
Soul Bay reserves the right to vary, add or eliminate from time to time the open hours or scheduled hours of the studio, group classes or services. The client will agree and accept that a particular time slot or service may not be available due to a prior booking, maintenance requirements, fire, loss of lease, or any other reason. You agree not to hold Soul Bay responsible for such occurrences.
Where storage cubbies are provided, all care and responsibility is taken by the client for personal property contained within the lockers or storage facilities
Clients must remain respectful with regards to noise levels, when entering and leaving the studio, especially during the early hours.
Client’s must not carry out any illegal acts in the studio and must comply with all health and safety requirements. If a client carries out any activity, which Soul Bay staff or management consider offensive or dangerous to you or another person, Soul Bay staff or management reserve the right to require the client to leave immediately. This may also result in the cancellation of the client’s Program Agreement.
Waiver and Release
Because physical exercise can be strenuous and subject to risk of serious injury, we urge you to obtain a physical examination from a doctor before using any exercise equipment, participating in any exercise activity including online training. You agree that by participating in physical exercise or training activities at Soul Bay studio, at 3 / 91 Hunter Street Hornsby NSW 2077, you do so entirely at your own risk. Any recommendation for changes in diet including the use of food supplements are entirely your responsibility and you should consult a physician prior to undergoing any dietary or food supplement changes. You agree that you are voluntarily participating in these activities and use of Soul Bay facilities, premises, services and assume all risks of injury, illness, or death. Soul Bay are also not responsible for any loss of your personal property. You acknowledge that you have carefully read this “waiver and release” and fully understand that it is a release of liability. You expressly agree to release and discharge trainer or instructor from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against a trainer or instructor for personal injury or property damage. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence. If any portion of this release from liability shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed here from.