POINT ZERO TERMS & CONDITIONS 

This website with URL address https://pointzero.studio is owned and operated by Point Zero Training Pty Ltd. ACN 648 105 588

Agreement

This agreement contains the terms and conditions which apply to your relationship with Point Zero (Agreement). This Agreement will constitute the entire agreement between the parties. If this Agreement differs from anything you are told at the studio or over the phone or at any other time, the terms and conditions of this Agreement shall prevail.

These terms and conditions also apply to any other interactions you have with Point Zero including but not limited to by way of smartphone app and/or through social media platforms as well as through other third party platforms utilized by Point Zero. 

These terms and conditions operate in conjunction with Point Zero’s Privacy Policy.

Copyright and IP Terms

© 2021 Point Zero Training Pty Ltd.

All copyrights, trademarks and other proprietary rights contained at pointzero.studio (Site) and content in the Site, services, programs, brochures, flyers, products, text, graphic, photographs, videos, design elements, and all other materials originated or used by Point Zero on the Site or elsewhere are reserved to Point Zero and where applicable, its licensors.  Any such content may be displayed and printed solely for your personal, non-commercial use within your organisation only.  You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without the express written consent of Point Zero.  

Website terms

Should you continue to use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy govern your relationship with Point Zero in connection with this website. Should you not agree with any of these terms and conditions, please do not use our website.

The term ‘Point Zero’ or ‘us’ or ‘our’ or ‘we’ refers to Point Zero Training Pty Ltd, the owner of the website. The term ‘you’ or ‘your’ refers to the website user.

Your use of this website is subject to the following terms and conditions:

(a) The content of this website is for your general information and use only. 

(b) It is subject to change without prior notice.

This website uses cookies to monitor browsing preferences. If you allow cookies to be used, the following personal information may be stored by us for use by third parties: (e.g. date of birth, gender, email, mobile number and address).

Neither we nor any third parties provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law. 

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look and graphics of the website. Any reproduction of the website’s material is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

Unauthorised use of this website may be a criminal offence and/or give rise to a claim for damages.

This website may also, on occasion, include links to other websites which are not controlled by us. You acknowledge that your use of any third party websites is at your own risk. They do not signify that we recommend or endorse the websites. We have no control over the nature, content and availability of those websites. Point Zero shall not be held liable for any activities undertaken by you on third party websites. 

Your use of this website and any dispute arising out of your use of it is subject to the laws of Western Australia.

You may only use the website for lawful purposes and in a manner consistent with the nature and purpose of the website.

These terms and conditions do not relate to your use of any product or service described on our website unless otherwise agreed. You must refer to the individual warranty and cancellation policy relevant to any particular product or service.

These terms and conditions may be amended from time to time. Your continued use of our website following any such amendments will be deemed to be confirmation that you accept those amendments.

You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website.

Studio Terms

Understanding Point Zero’s rights

If Point Zero does not enforce Point Zero’s rights under this Agreement at any time, it does not constitute a waiver of any of Point Zero’s rights.

Promising you are in good health

By signing up to a membership with Point Zero and/or each time you use our studio, you confirm to Point Zero that you are in good physical condition; and you know of no medical or other reason why you cannot or should not do active or passive exercise.

Seeking expert advice

Should you have any concerns about your physical condition or your ability to complete these programs, we strongly urge you to seek expert advice before starting an exercise program.

Memberships

Class access: If you sign up to a membership, you can book into an unlimited number of classes each week. 

Agreement: All memberships are a 12 week commitment. Once 12 weeks of your memberships expires, your membership will then automatically renew at the same membership type and price and on unless you give Point Zero 14 days notice to cancel your membership prior to the automatic renewal. By renewing your membership or allowing it to auto renew, you agree to the membership terms and conditions as applicable at that time.

Billing: You will be billed weekly by direct debit or credit card. You can pay your fees as far in advance as you like, up to the legal limits. Regarding any advance payments, you are still required to give us your account details for when your advance payments end. 

Declined Payments: Point Zero may attempt to debit, or debit, your account for the sum of any declined payments owed to Point Zero at any time without notice to you. 

Commencement Date: The membership starts on the day of purchase, not on the date of the first class booked.

If your fees are not paid on the due date for whatever reason, Point Zero is entitled to suspend your studio access until your payments are up to date and/or you have given Point Zero chargeable account details. 

Exclusions: Your membership includes attendance at training classes only. Your membership fees may exclude admittance to workshops, challenges, events held at Point Zero or third party venues, Point Zero merchandise material, all other products or services offered for sale by Point Zero.

Suspending membership: You may suspend for 2 weeks every 6 months of your ongoing membership by emailing team@pointzero.studio. Please allow 2-3 days for processing.

If you have a medical reason, we may not charge you for an extended suspension to allow you time to recover. This will be considered on a case by case base at the sole discretion of Point Zero.

Cancellation of membership: Memberships cannot be cancelled early or transferred to other members. A request to cancel a membership does not waive the obligation on you to pay the remaining commitment at the then relevant and current membership rates. In the event you wish to cancel your membership effective immediately, all monies due under this agreement will become immediately due and payable. 

All membership cancellations are required in writing via email to team@pointzero.studio where you will be prompted to fill out and submit a mandatory cancellation form before we proceed with your request. Cancellation requests will not be accepted in any other form e.g. phone call, conversation or text message, message via a social media account.  

Meeting your responsibilities

You are responsible for ensuring that sufficient funds are in your nominated account on the day that the direct debit is to be made for you membership. For membership/s in your name, you must make sure that the payment method you choose continues for the length of your Agreement.

Querying a payment

If you query a payment, Point Zero will endeavour to respond within 7 days. If you are not happy with the response provided by Point Zero, you may contact your financial institution. It will handle your query in line with its own policy. 

Refund Policy

We do not provide any refunds if you change your mind in relation to any purchase made with us.

Late Class Cancellation & No Show Policy

Instances of a Late Cancellation or a No Show will result in a charge of $10 to the individual’s account. This will be automatically applied to your account with no further notice to you. This charge will be processed within 7 days of the relevant Late Cancellation or No Show. The definitions of a Late Cancellation and No Show are as follows:

(a)   A Late Cancellation for an AM class is a cancellation after 10pm on the day prior to that particular class.

(b)   A Late Cancellation for a PM class is a cancellation less than 3 hours before the start of the relevant class.

(c)   A no show is where an individual does attend a reserved class.

Staying up to date with our terms

Point Zero may at any time add to, change or remove our terms and conditions. This includes changing a studio’s opening and closing hours, its services and facilities and membership and other service fees. 

Operations Policy 

Every possible effort will be made to deliver classes and services on time as advertised. However the schedule is subject to change or cancellation without notice. 

The door to the studio may be locked at the beginning of each class for safety and security. Late entry may not be permitted and we reserve the right to lock customers out of class if they arrive 5 minutes after the scheduled start time, with no refund.

We are not responsible for the safekeeping of your belongings. You should store any belongings in the cubby-holes provided within the studio, at your own risk. We encourage you not to bring valuables to class. Point Zero shall not be liable for the loss of any property at any Point Zero studio. 

We do not allow any derogatory or abusive behaviour directed towards members or staff. We reserve the right to refuse entry at anytime and cancel memberships.

Age Policy

You must be at least 16 years of age to train at Point Zero. 

All members under 18 years of age must have a parent sign a Parent Consent Form to train with us.

Being notified about changes

Point Zero reserves the right to increase membership fees at any time after the minimum period of your current membership Agreement has ended. Point Zero will make a reasonable effort to inform you of this at least 28 days beforehand by writing to the address you last provided Point Zero (which may be an email address). Point Zero will consider that you have received notification of any such change; if by letter on the second business day after it is sent, or if by email on the day that it is sent.

Explicit language

Point Zero plays a wide range of DJ curated mixes including but not limited to Hop Hop and RnB music. The music played during our classes may include some explicit language. You acknowledge you are aware of this and you accept the music played by Point Zero on an as-is basis.

Telling Point Zero about your health risks

If you believe any studio activities might pose a risk to your health you must inform Point Zero of how and why in writing with full details. You must also tell us if your medical condition changes after you join.

Point Zero may choose to refuse your membership Agreement until:

(a)   your doctor agrees in writing that you are fit to exercise; or

(b)   you show Point Zero written proof that you have received medical advice on an appropriate exercise program.

Point Zero classes are not recommended and are not safe for people with certain medical conditions. By signing up to a membership or otherwise attending at Point Zero, you acknowledge that a licensed physician has verified your good health and physical condition to participate in such a fitness program. In addition, you must make a Point Zero instructor aware of any medical conditions or physical limitations before any and all relevant classes. 

If you are pregnant, become pregnant or post-natal or post-surgical, by signing up to a membership or otherwise attending at Point Zero you warrant that you have your physician’s approval to participate. 

Managing infections and illnesses - You must not use studio facilities if:

(a)   You have an infection, contagious illness or physical ailment, such as an open cut or sore; or

(b)   there is any other risk, however small, to other members and guests.

Allowing us to use your image

We film or photograph the studio from time to time so it is possible you may appear in the background. By attending at any Point Zero studio, you irrevocably grant Point Zero authority to use your image in promotional and other business-related material. In the event you do not authorize Point Zero to use photograph, film or use your image, you must inform a member of Point Zero staff immediately at the time the content is being photographed or filmed. 

Paying GST 

Your fees will change in line with any government GST rate changes, even if you are in your minimum term of membership.

Meeting State laws

Any agreement with Point Zero is governed by Australian law and is governed by the State laws where your studio is located. If a court decides that any section of this Agreement is invalid or unenforceable, that section will be deleted from the Agreement and the other sections will remain valid and enforceable.

Restricting your rights to sue

Under the Competition and Consumer Act 2010, we guarantee that our recreational services are:

(a)   provided with due care and skill;

(b)   fit for any purpose you have told us you are using the services for or for a result which you have told us you wish to achieve; and

(c)   supplied within a reasonable time.

However, under certain legislative provisions, we may ask you to agree that these conditions do not apply to you. By creating an online membership or signing a Membership Agreement or otherwise attending at any Point Zero studio, you will be agreeing that your rights to sue us are excluded, restricted or modified as set out in these terms and conditions. This applies if you are injured (including injury that results in death) because the services were not rendered with due care and skill, or they were not reasonably fit for their purpose.

This change to your rights does not apply if your death or injury is due to our gross negligence. Gross negligence is defined in the Fair Trading (Recreational Services) Regulations 2004.

Liability and Indemnity Waiver

If you sign up to a membership or otherwise attend a class, workshop, event, consultation or any other type of activity at or with Point Zero, you acknowledge and agree to the following: 

(a)    Point Zero activities include high intensity, physical movements, which may include weights.

(b)    As is the case with any physical activity, the risk of injury, even serious or disabling, is always present and cannot be entirely eliminated. 

(c)     You will listen carefully and follow the instructor at all times, and to ask the instructor to clarify any direction you may not understand. 

(d)    If you experience any pain or discomfort, you will immediately cease the activity, and inform an instructor. 

(e)    You assume full responsibility for any and all damage you may incur from participation in any Point Zero activity.

(f)      You are solely responsible for engaging in any activity at Point Zero and participation is at your own risk. 

(g)    Point Zero is not responsible for any damage or injury suffered by you at any Point Zero studio or from engaging in any Point Zero related activity. 

(h)    You hereby agree to irrevocable release and waive any claims that you presently have or may have hereafter against Point Zero and all related facilities and premises for any injury or negligence. 

(i)      You may receive physical assistance or adjustments to enhance or correct your body posture during any Point Zero activity by any Point Zero trainer. It is your responsibility to alert any trainer that you do not want to receive any adjustments. 

By creating an online membership and/or otherwise attending at any Point Zero studio you agree to all of the terms and conditions above.