Terms & Conditions
"Elements4Life (E4L)" is a division of 432 Lifestyles Pty Ltd. ABN: 40 644 961 295 Harrison Facility: Unit 79 – 81 / 170 Flemington Road HARRISON Belconnen Facility: 2 Ibbott Lane Belconnen 2617
Terms and Conditions Welcome to E4L.Online (hereinafter referred to as "we," "us," or "our"), an online platform that provides access to video content to subscribers worldwide. The following Terms and Conditions (hereinafter referred to as "Terms") govern your use of our website and services. By using our website and services, you agree to be bound by these Terms, as well as any additional terms and conditions, policies or guidelines that we may publish from time to time. If you do not agree to these Terms, you may not use our website and services. General 1.1 We reserve the right to modify or update these Terms at any time without prior notice. Your continued use of our website and services after the changes have been made constitutes your acceptance of the revised Terms. 1.2 Our website and services are intended for use by individuals who are at least 18 years of age or have obtained parental consent. 1.3 We may terminate or suspend your access to our website and services at any time, for any reason, without notice, and without liability to you. Subscription and Payment 2.1 To access our video content, you must subscribe to our service and provide valid payment information. 2.2 We offer various subscription plans, which may be subject to change at any time. The subscription fee and any applicable taxes will be charged to your chosen payment method. 2.3 Unless otherwise stated, subscription fees are non-refundable. 2.4 We reserve the right to modify or terminate our subscription plans and pricing at any time. Content 3.1 Our website and services provide access to video content that we own or license from third-party content providers. 3.2 You may access our video content for personal, non-commercial use only. You may not reproduce, distribute, modify, display, or sell any of our video content without our prior written consent. 3.3 We reserve the right to remove or modify any video content from our website and services at any time without notice. Intellectual Property 4.1 Our website and services, including all content, graphics, logos, and trademarks, are owned by us or our licensors and are protected by Australian and international intellectual property laws. 4.2 You may not use our website and services, or any of our content, for any commercial purpose without our prior written consent. 4.3 We respect the intellectual property rights of others, and we expect our users to do the same. If you believe that your intellectual property rights have been infringed upon, please contact us at the email address provided on our website. Privacy 5.1 We are committed to protecting your privacy and personal information. Please refer to our Privacy Policy for more information on how we collect, use, and disclose your personal information. Disclaimer and Limitation of Liability 6.1 Our website and services are provided on an "as-is" and "as-available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of our website and services, or the information, content, materials, or products included on our website and services. 6.2 We will not be liable for any damages of any kind arising from the use of our website and services, including but not limited to direct, indirect, incidental, punitive, and consequential damages. 6.3 We do not warrant that our website and services will be uninterrupted or error-free, or that any defects will be corrected. Governing Law and Jurisdiction 7.1 These Terms are governed by and construed in accordance with the laws of Australia. 7.2 Any dispute arising from or relating to these Terms will be resolved in the courts of Australia. 8.1 If you have any questions, concerns, or feedback regarding these Terms or our website and services, please contact us at the email address provided on our website. 8.2 We will make every effort to respond to your inquiries within a reasonable time frame. Indemnification 9.1 You agree to indemnify and hold us harmless from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising from or relating to your use of our website and services, your breach of these Terms, or any content that you submit, post, or transmit through our website and services. Entire Agreement 10.1 These Terms, together with our Privacy Policy and any additional terms and conditions, policies or guidelines that we may publish from time to time, constitute the entire agreement between you and us with respect to your use of our website and services. 10.2 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. By using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not use our website and services.
Duty of Care
Please read the following terms and conditions before you sign your membership agreement form. Please only sign the agreement form if you understand and agree, in full, to the following terms and conditions. Please review our Privacy Policy which can be found in full on our website. Thankyou!
E4L – Elements 4 Life YOU – Refers to the person named on the membership form and agreement. US – Refers to Elements 4 Life SERVICES – Refers to physical, virtual and online training, fitness and health solutions. The Term of Agreement – Refers to the minimum period for membership fee billing for which you have agreed to ensure is kept up to date for the minimum Term of Agreement. Example 1-3 Months or 12 Months
Term of Agreement
You are entering into a partnership for the Term of Agreement as specified on your Membership Form. You must pay your agreed Membership Fees for the duration of the Term of Agreement. If you wish to exit your membership before the initial minimum Term of Agreement has expired, you will be obligated to pay a one off fee, per person, of $99.00. This is a cancellation fee. The Term of Agreement includes the services of both physical, digital, online and other virtual services and are considered normal core services. Services can be face to face, pre-recorded virtual sessions, live virtual sessions and other online sessions and programs using our preferred platforms and service providers.
Cancelling Your Membership
To exit your membership you must notify Elements 4 Life in writing with a minimum 14 days prior notice. An exit form must also be completed. All membership fees must be up to date at the time of request. Once written notice has been received your membership will be cancelled and any applicable fees will be applied. Only written exit notifications will be accepted. Cancelling in wiring before the 14 days will be assessed on a case by case scenario by management directly the unless reasons are outside the jurisdiction of this agreement or on compassionate grounds.
Membership Payments
All direct debit / instalments / memberships are paid in advance. You must have the allocated funds in your account for each membership payment. Any additional fees incurred due to insufficient funds will be your responsibility. All failed membership transactions will incur a failed payment fee of $12. This is not refundable.
Membership Suspensions
You must provide 30 days prior written notice for any suspensions under any circumstance including issues with personal health, work related commitments, natural disasters, pandemics and other world events that effect normal services. You are allocated 4 weeks suspension within any 12-month period. All additional weeks will incur a fee of $8 per week. Suspensions are always forward dated. All suspensions are only activated once written notice is provided and Elements 4 Life has confirmed such notice in writing. All membership fees must be up to date prior to any suspension. Minimum suspension period is 7 days.
Membership Access and Validation
Entry to Elements 4 Life is accessible by secure FOB only or by appointment. Your FOB is customised to your specific memberships details. You must have an up to date membership, payments are all paid in advance, must not be suspended and has not been cancelled or expired to gain access. Lost FOBs will incur a $20 replacement fee. If a member allows a “Non-Member” to enter the premises without management’s prior approval or as agreed, the member is subject to a $150 fine and is at risk of membership termination (Subject to managements discretion).
The gym is open 365 days of the year including Good Friday and Christmas. Any variation to the timetable is done at the discretion of Elements 4 Life and will be updated accordingly on the website. Class timetable may vary during certain holiday periods and at the discretion of management. Access also includes all digital, virtual and online services in all their forms relative to your preferred membership level and will migrate automatically to services outlined in the Exceptional Circumstance Clause and in the any event outlined in the Exceptional Circumstance Clause.
Please be advised, Elements 4 Life does not have a refund policy and a cancellation fee of $99 applies for all memberships exited before the term of agreement expires.
Misconduct and Bad Behaviour
Management reserves the right to cancel or suspend any membership, which is subject to bad behaviour or misconduct. All members are expected to behave accordingly, in good spirit, free of drugs and alcohol. No abuse of staff, management, coaches or other members will be tolerated.
Term of Agreement
Your Term of Agreement is as specified on your membership agreement, as agreed and will run until written notice has been submitted with 14 days prior notice. If the Membership is for a specified minimum Term of Agreement, Example: 3 Months, this will roll over to a full ongoing general membership unless prior notice in writing has been received. These memberships become open ended memberships with no contract obligations other than the terms and conditions outlined in this agreement.
Cooling Off Period
All memberships are subject to a 7-day cooling off period. An administration fee will apply of $49.95 if cancelled within this period.
Exceptional Circumstance Clause
In the event of a natural disaster, pandemic or other major world event where the business (Elements4Life), its staff, its physical location and/or its normal physical, digital, virtual, or online services, inclusive, are disrupted in any way, the business will make immediate arrangements to service its members in alternative solutions. Example: In 2020 when the world was faced with the Covid-19 (SARS-Cov-2) virus pandemic, Elements4Life provided various online and virtual solutions for each and every member. These services were immediately put in place of normal physical services and each member was charged accordingly at their current membership rate, adjusted accordingly on worsen notice or as agreed by a case by case scenario. All memberships and relative memberships fees, regardless of membership type, will remain active and charged accordingly, unless notified by the member or alternative arrangements were made in writing. All membership suspensions will require the normal 30 days written notice and are subject to all terms and conditions outlined in this agreement. These suspension and cancellation decisions will be at the discretion of management however inline with the terms and conditions. Physical, Digital, Virtual & Online Services Elements4Life provides a variety of services ranging from all physical, digital, virtual online and virtual live streams. These services are considered core services and in the event where a physical service can no longer be provided for any reason, the member will be provided with virtual and online solutions with immediate effect. There will be no change in the membership fee unless both parties agree otherwise in writing and/or a suspension or a cancellation is executed within the terms of this agreement.
Pigeon Holes
Pigeon Holes are provided. Elements 4 Life is run on integrity and honesty. Elements 4 Life does not take any responsibility for lost goods or damage within or outside the facility. All bags are to be kept in a pigeon hole.
Minimum Ages
The minimum age for entry onto the facility is 14 years old. Any person under the age of 18 must have a guardian sign the membership agreement, in person, on sign up.
Footwear & Clothing
Appropriate footwear must be worn at all times. No Steel Caps. No Thongs. No Sandals. No Bare Feet. Appropriate, no offensive, gym attire is expected.
Services Acknowledgement
As a member of Elements 4 Life you acknowledge the services and benefits of all membership levels and understand that different memberships bring different benefits. Please choose a membership that is best suited to you.
Personal Responsibility of capacity
At all times a member takes the responsibility of being of full capacity to train with no risk to their person, or to others. If you are not fit for activity you may be requested to provide a doctors certificate of clearance. If you are injured in the facility you acknowledge that you will take full responsibility for your actions and injures. Responsibility and duty of care is required for all conditions including direct physical capacity to perform required movements safely, any pre-existing injuries, sickness, viral conditions or any other underlying condition or disease.
Changes to Terms and Conditions.
Management holds the full right to alter, adjust or change the terms and conditions at any time and as they deem fit. You acknowledge this right.
Fee and Charges
All membership fees are fixed price for the term of agreement unless agreed. At the completion of a minimum term of agreement, management hold the right to alter, change or increase the fees and charges associated with the memberships. All members will be notified in writing 14 days prior to any subsequent changes. Any termination of membership due to a change, alteration or increase in fees and charges must be done so with a minimum of 14 days written notice. Only memberships with written prior notice, 14 days prior, can be cancelled and this will be executed 14 days after receipt of notice.
All memberships can be transferred to another member for the fee of $55. All transferred memberships are subject to the initial terms of agreement and the new member must agree to these terms, which includes payment of their membership fees.
Processing Fees
All fees required for processing such as Direct Debits, Cancellations, Suspensions, Transfers or other will be clearly stated on the Terms of Agreement or provided in writing or clearly outlined by management at the time of execution. A direct debit fee of $0.90 will be charged with every automatic payment.
Personal Injury and Damages.
To the extent of permitted Australian Law, we exclude any liability to you, statute, tort, or in any other way for any injury damage or loss of any kind whatsoever, without limitation, any liability for direct, indirect, special or consequential loss or damage, sustained by you and/or any other person, or for any costs, charges or expenses incurred by you arising from or in connection with this Membership Agreement and /or the services/products provided by us and act or omission by us.
Reporting Agencies – Direct Debit/Credit
When paying by direct debit, upon default by you in regard to any obligation under the Membership Agreement and any failure to remedy such a default after notification, you authorise us to notify any debt collection or credit reporting agency of your default. If this does occur we may, at our discretion, cancel and terminate your membership. You will also be liable for the full outstanding amount on the term of agreement, the minimum term, plus $99 fee and a 30% debt collection fee charged by and collected by the debt agencies.
Assignment of Agreement
At the discretion of management we may assign your membership content and the subsequent details to a third party. You will be notified in writing within 14 days.
Privacy Act
All personal information is kept private as in accordance to the Privacy Act 1988 and will be used only in order to fulfil the services outlined in the Membership Agreement. Please see our full privacy policy on the website.
Termination and Unauthorised Cessation of Direct Debit
(a) If you terminate the Agreement or stop the automatic debit arrangement in a manner not described in the Agreement, then you may be liable to E4L for any unpaid fees, or fees incurred by E4L
Risk Warning
(a) E4L warns that whilst you are on our premises using our facility and recreational services, you are at risk of suffering physical harm or personal injury including broken bones, soft tissue injuries, joint injuries, permanent disability or death. These injuries may occur from you: (i) slipping on wet flooring; (ii) being struck by weights; (iii) colliding with equipment, or other Members; (iv) engaging in strenuous exercise and activities; or (v) incorrect use of equipment or Club, (vii) You acknowledge that any such injury may result not only from your actions but from the action, omission or negligence of others. (viii) You acknowledge and agree that the above mentioned injuries and potential causes of injuries are not exhaustive, and there are other unknown or anticipated risks that may result in injury, illness or death. (viii) You acknowledge that whilst every attempt is made to ensure that the recreational services and facilities provided by E4L are safe, there are some significant and inherent risks involved, and you agree that you are participating voluntarily at your own risk and responsibility, thereby exposing yourself to certain risks. (ix) You acknowledge in the event of a pandemic, virus outbreak (example: Covid-19 or SARS-CoV-2) or other world wide events disrupting normal services, that whilst every attempt is made to ensure that the recreational services and facilities provided by E4L are safe, there are some significant and inherent risks involved, and you agree that you are participating voluntarily at your own risk and responsibility, thereby exposing yourself to certain risks.
Privacy Collection Notice
Elements4Life (E4L) ABN 68 119 527 947, its related entities and E4L franchised Clubs (collectively, Elements4Life) use this collection notice to set out the prescribed information in the Australian Privacy Principles (APP) contained in the Privacy Act 1988 (Cth) (Act). 1. E4L Privacy Policy A complete summary of E4L’ policies relating to the privacy of your personal information is available on E4L website at www.elements4life.com.au (Privacy Policy). The Privacy Policy explains how you may access personal information held by E4L and seek the correction of the information and how you may complain about a breach by E4L or a registered APP code (if any) that E4L is bound by and how E4L will deal with a complaint. A printed copy of the privacy policy can be obtained free of charge by contacting E4L’ Privacy Officer. 2. E4L contact details If you have any questions or concerns regarding E4L’ Privacy Policy or E4L’ use of your information, please contact E4L’ privacy officer at: Email: GetStarted@elements4life.com.au Post: PO Box 429 Mitchell ACT 2914 3. How E4L collects your personal information (if collected from someone other than you) E4L may collect your personal information from third parties including: Your personal trainer; Market researchers & direct marketing providers; Parents or guardians of underage members; Our current members (refer a friend); The Australian Tax Office (ATO) and the Australian Securities and Investment Commission (ASIC); and Public sources (directories, lists, professional & trade associations, ASIC, bankruptcy or court registry searches). 4. Is the collection of your personal information required/authorised by law or a court/tribunal order? No. 5. Why did E4L collect the personal information? The main purpose for which E4L collects personal information is to provide services and benefits to members and to maintain, extend and grow E4L’ membership. E4L may use your information for: Processing & managing membership & franchisee applications; Facilitating members & casual members gym access; Marketing activities, research & special offers; Accurately identifying who is using E4L’ services; Communicating with members, franchisees & website visitors to E4L’ website & online enquiries; Profiling our members & their interests; Operating E4L’ business; and / or Transferring memberships between clubs. 6. Consequences to you if E4L does not collect all or some of your personal information You can refuse to provide personal information. However a refusal may mean that the service you requested is not provided or membership will be refused or forfeited. 7. Sharing your personal information E4L may use and disclose personal information for related purposes to third parties. Types of organisations to whom E4L may disclose your personal information includes: Government bodies such as ATO, ASIC, Australian Prudential Regulatory Authority & police or courts (as required by law); Various law enforcement agencies and governments for security, customs and immigration purposes; Banking service providers; Rewards partner program providers; Professional or government organisations; and E4L contracted service providers including: Information technology service providers; Planning research & development providers; Conference organisers; Marketing & communications agencies; Mailing houses, freight & courier services; Printers & distributors of marketing material; Debt collectors & banks; Personal trainers; and External advisers (recruiters, auditors & lawyers). E4L does not rent, sell or exchange your personal information to third parties without your prior approval. 8. Does E4L disclose your personal information overseas? E4L and E4L group entities may disclose your personal information to other third party service providers operating outside Australia who work with E4L or one of E4L’ suppliers, agents, or partners. E4L may also store your personal information on servers based overseas or in the “cloud” or other types of networked or electronic storage. Before disclosing your personal information to an overseas third party, E4L will first take reasonable steps to ensure that the overseas recipient: Does not breach the Australian Privacy Principles in relation to your personal information; or The recipient of the information is subject to a law, or binding scheme, that has the effect of protecting your personal information in a way that is substantially similar to the way in which the Australian Privacy Principles protect the information. E4L may disclose personal information to other E4L entities and third parties in jurisdictions including: Australia, New Zealand, United States of America and the Netherlands. The European Commission has recognised each of these countries as providing adequate protection of personal information. To make it easy for you to deal with E4L and other E4L entities and provide you with a more personal and consistent experience, E4L may exchange and combine personal information with other E4L entities for the purposes described in this Collection Notice. If your personal information is collected using a document that references this Collection Notice, you are taken to consent to the disclosure, transfer, storing or processing of your personal information outside of Australia. You acknowledge and understand that by providing such consent: E4L won’t need to take steps as are reasonable in the circumstances to ensure such third parties comply with APPs; If the overseas recipient handles your personal information in breach of the APPs, E4L will not be liable under the Act and you will not be able to seek redress under Act. The overseas recipient may not be subject to any privacy law or principles similar to the APPs; You may be unable to seek redress overseas; The overseas recipient is subject to a foreign law that could compel the disclosure of personal information to a third party, such as an overseas authority. If you withdraw consent, E4L will not rely on this consent when dealing with your personal information going forward.
UPDATED 27th March 2020