TERM OF USE
Next Level Fitness Website Terms of Use
Last updated: June 2026
1. About these Terms
Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include: names, addresses, email addresses, phone and facsimile numbers.
This Personal Information is obtained in many ways including correspondence, by telephone and facsimile, by email, via our website www.nextlevelfitness.com.au, from cookies and from third parties. We don’t guarantee website links or policy of authorised third parties.
We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.
When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.
2. Changes to these Terms
We may update these Terms at any time. Updated Terms will be published on this Website and apply from the date published. Continued use of the Website constitutes acceptance of the changes.
3. Online Sign Ups and Membership Creation
When you sign up online, you confirm that:
- you are at least 18 years of age (or have parental/guardian consent where required);
- all information you provide is accurate and complete; and
- you are authorised to use the payment method supplied.
Online sign ups are subject to acceptance by us. We may refuse or cancel a membership where permitted by law, including for safety, capacity, or compliance reasons.
4. Payments and Billing
Membership fees, joining fees, and recurring charges disclosed at the time of sign up are payable in advance unless otherwise stated.
By submitting payment details, you authorise us to:
- process payments for your membership; and
- continue to debit recurring fees according to your membership type.
All prices are in Australian dollars and include GST unless stated otherwise.
5. Cooling Off, Cancellations, and Consumer Rights
Nothing in these Terms excludes your rights under the Australian Consumer Law (ACL).
Where required by Victorian law, you may be entitled to:
- a cooling‑off period;
- a refund for major failures; and
- other consumer guarantees that cannot be excluded.
Cancellation, suspension, and refund policies may be governed by separate Membership Terms and Conditions, which will be provided during the online sign‑up process and form part of your contract with us.
6. Fitness and Health Disclosure
The Website may include information about fitness programs, classes, training methods, or exercises.
You acknowledge that:
- physical exercise carries inherent risk of injury or harm;
- results vary between individuals;
- you should obtain medical advice before commencing any fitness activity, particularly if you have a medical condition, injury, or health concern.
All participation in fitness activities is at your own risk.
7. Waiver and Recreational Services
To the extent permitted by law and section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic), you acknowledge that our services constitute recreational services and that liability for death or personal injury resulting from those services may be excluded where permitted.
This clause does not apply to liability that cannot lawfully be excluded.
8. Use of the Website
You agree not to:
- misuse the Website;
- interfere with its security or functionality;
- scrape, copy, or exploit content; or
- use the Website in a way that is unlawful or harmful.
We may suspend or terminate access for misuse.
9. Intellectual Property
All materials on the Website, including workout content, branding, images, videos, and logos, are owned or licensed by us.
You may view and print content for personal use only. Commercial use, reproduction, or distribution without permission is prohibited.
10. Third Party Services and Links
The Website may integrate third‑party systems such as payment processors, booking platforms, or apps.
We are not responsible for the availability, security, or performance of third‑party services.
11. Limitation of Liability
To the maximum extent permitted by law:
- we are not liable for indirect, incidental, or consequential loss;
- we do not guarantee uninterrupted or error‑free access to the Website.
This clause operates subject to your non‑excludable rights under the ACL.
12. Privacy
Personal information collected through online sign‑ups is handled in accordance with our Privacy Policy and the Privacy Act 1988 (Cth).
13. Termination
We may cancel or suspend access to the Website or services where permitted by law, including for misuse or breach of these Terms.
14. Governing Law
These Terms are governed by the laws of Victoria, Australia.
You submit to the exclusive jurisdiction of Victorian courts.
