We’re so excited to have you joining our community.

This form has been partially completed by our team — all you need to do is review your membership details, fill in your personal and contact information, accept the Ts and Cs, and hit submit.

Please note: If you’d prefer to use a credit or debit card as your payment method, we can’t collect those details online for security reasons. Instead, please call the studio on 0413 846 490 and we’ll get your payment sorted over the phone.

If you have any questions while completing the form, don’t hesitate to reach out. We’re here to help!

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Cost: ${cost}{cost109}

Start Date: {startDate}

First Payment Date: {paymentDate}

End Date (if applicable): {endDate}

• The Orangetheory Fitness chain comprises a network of independently owned and operated fitness studios, including our Studio.
• This is an Agreement under which you agree to become a Member of our Studio.
• It is made up of this Important Notice, the Details section, the Terms and Conditions and any other document attached or referred to, including the Orangetheory Fitness Privacy Policy.
• When you sign this Agreement you are entering into a legally binding contract with us.
• This Agreement sets out the rights and responsibilities you have as a Member. The provisions of this Agreement override any statements made by you or us before you sign it, so you should read through it fully to make sure it reflects your expectations.
• If you have any queries regarding this Agreement, please ask us before you sign.
• Words in Bold type and with capitalised first letters are defined in clause 1 of the Terms and Conditions.
• This Agreement is subject to a 7 day cooling off period – see clause 2 for details.

• If you enter into an Ongoing Agreement, it will continue after the Minimum Term until it is terminated in the way set out in the Terms and Conditions.

• If an automatic direct debit arrangement is in place, your Membership Fees will continue to be debited from your account until you or we cancel the arrangement by advising your bank or credit provider.

• If you end this Agreement or stop the automatic debit arrangement in a way not described in this Agreement, you may be liable for unpaid Fees or damages for breach of contract. You should, however, cancel any direct debit authorisation when your Agreement lawfully ends.

1.      DEFINITIONS

The following definitions apply to this Agreement:

ACL: the Australian Consumer Law as contained in the Competition and Consumer Act 2010 (Cth);

Agreement: this membership agreement and includes the Terms and Conditions, Details and Important Notice sections;

Biller: Ezidebit Pty Limited (ABN 67 069 902 813);

Details: the part of this Agreement described as the “Details”;

Direct Debit Payment Agreement: the periodic billing agreement you enter into with our third party Biller;

Facilities: the facilities available at the Studio;

Fees: fees that apply under this Agreement as set out in the Details;

Freeze Fee: the fee you pay to put your Membership on hold, as set out in the Details;

Late Cancellation Fee: the fee you pay for cancelling a Session pursuant to clauses 5.1 and 5.2 as set out in the Details;

Member: an Orangetheory Fitness Membership holder;

Membership: another word used to refer to this Agreement;

Membership Fees: the fee you pay to access the Services as set out in the Details;

Minimum Term: the “Minimum Term” as set out in the Details;

Ongoing Agreement: an agreement that continues on an ongoing basis after the Minimum Term until terminated under clause 9;

Orangetheory Fitness Privacy Policy: the Orangetheory Fitness privacy policy which is available at our website;

Pre-Exercise Questionnaire: any medical history, client intake or other screening questionnaire we require you to answer;

Products: products that are sold at the Studio;

Prepaid Packages: the prepaid packs purchased for Sessions, as set out in the Details;

Services: health and fitness services available at the Studio or otherwise provided by us at any location (including any outdoor bootcamp style activities);

Session: an Orangetheory Fitness class conducted at our Studio;

Start Date: the date this Agreement starts, being, if our Studio is open, the date you sign this Agreement, otherwise the date our Studio opens or the day we notify you that our Studio has opened, whichever is later;

Studio: our Orangetheory Fitness branded studio;

Terms and Conditions: the part of this Agreement described as “Terms and Conditions”;

Termination Fee: the fee you pay to cancel this Agreement, as set out in the Details;

Written Notice: notice in writing by email or post to the parties’ last known address and in the case of notice from you to us, must include your name, contact details and Membership number.

2.      COOLING OFF

Your Membership is subject to a cooling off period of 7 days, starting on the Start Date. A request for termination of your Membership during the cooling off period must be made by Written Notice.

If this Agreement, however, is defined as an unsolicited consumer agreement under the ACL, your Membership is subject to a cooling off period of 10 days and your request for termination may be written or oral.

If you cancel your Agreement under clause 2, we will charge you for Services or Products already supplied but will refund any Membership Fees for any unused Services and/or for any Products you return which are unopened and undamaged.

3.      MINIMUM AGE

If you are 14, 15, 16 or 17 years of age, you may only become a Member if your parent or legal guardian:

(a)      consents and signs this Agreement;

(b)      accompanies you to the Studio on each and every visit if you are 14 or 15;

(c)      accepts responsibility to ensure you comply with this Agreement;

(d)      confirms each Pre-Exercise Questionnaire; and

(e)      agrees to rectify all your breaches of this Agreement.

4.      HEALTH AND SAFETY AND ACCEPTABLE CONDUCT

4.1.    Your condition:

When you sign this Agreement and each time you use the Studio, the Facilities or the Services, you must ensure you are in good physical condition and know of no medical or other reason why you should not exercise.

If unsure, you must not use the Studio, the Facilities or the Services until you have sought appropriate medical guidance and approval.

You agree to give us all relevant personal, health and fitness information before and during the course of any exercise program or other activity.

You also agree to complete our Pre-Exercise Questionnaire. In some case, responses you give will require that you get medical guidance before exercising. You acknowledge that the Pre-Exercise Questionnaire or other screening is no substitute for medical advice and does not guarantee against injury or death. You warrant that the information you give us will be accurate and not misleading in any way.

You must not use the Studio or its Facilities and Services if you are suffering from any illness, disease, injury or other condition that could be a risk to your health or safety or that of other Members and others.

4.2.    Action for risky or inappropriate conduct:

If you behave in a hazardous, seriously inappropriate or illegal manner, we may:

(a)    Cancel and/or suspend your Membership;

(b)    Prohibit you from acquiring another Membership, accessing the Facilities and/or receiving the Services; and/or

(c)     Take any other action we consider to be reasonably necessary.

5.      SESSION ATTENDANCE

5.1.    Cancelling a Session:

If you have reserved your place in a Session and fail to cancel at least 8 hours in advance, you will incur a Late Cancellation Fee.

5.2.    Late Arrival:

If you arrive more than 5 minutes late for your Session you will lose your spot and may incur a Late Cancellation Fee. You must be on time to a Session to properly stretch and warm-up prior to engaging in a Session. No entry into a Session is allowed after 5 minutes from the starting time.

5.3.    Additional Class Fee:

Should you attend any Additional classes on top of your fortnightly class allowance, as set out in the Membership Agreement, an additional class fee of $28 will be charged.

5.4.    Dress Code Policy:

You must come to a Session fully prepared for strenuous activity; closed running shoes, athletic shorts/pants, athletic t-shirt, towel and water bottle are required. We reserve the right to refuse you entrance into the Studio if you are not properly attired.

6.      THIRTY DAY MONEY BACK GUARANTEE

You may cancel this Agreement within 30 days commencing from the Start Date for any reason, if you have completed a minimum of 12 Sessions. In the event that you cancel under this clause 6, you will be entitled to a full refund of your Membership Fees. For the avoidance of doubt any Products which you have purchased will not be refunded.

7.      PUTTING YOUR MEMBERSHIP ON HOLD

You may temporarily suspend or freeze your Membership for any reason for a minimum of your billing period to a maximum of 60 days by asking us in writing. In any 12 month period you can freeze your Membership up to 2 times and for a maximum of 60 days. You are unable to cancel your Membership whilst it is on hold and you will be charged the Freeze Fee of $5 per week.

8.      TRANSFER AND RECIPROCITY

Acting reasonably, we may assign or novate our rights under this Agreement at any time without your prior consent, provided we are not in material default under this Agreement. You may not assign, transfer or novate your rights under this Agreement without our written consent, which we won’t unreasonably withhold.

Provided you continue to be a Member, and your Membership is not suspended, you may use your Membership at other participating Orangetheory Fitness studios in Australia, subject to availability. If we reasonably consider you are using a studio other than ours with sufficient regularity (which need not be more than 50% of your total usage in any 30 day period), your Membership may be transferred to that studio.

If your Membership is transferred to another studio, your Membership Fees may be varied to reflect the Fees applicable in the other studio if you have completed your Minimum Term. A minimum of 30 days Written Notice will be provided for any variation. For the avoidance of doubt, Membership Fees will not be varied while in your Minimum Term.

If your Membership is transferred to another studio in another state, you may be required to sign a new Agreement compliant with the laws of that state.

9.      CANCELLATION

9.1.    Cancelling by you on or after the Minimum Term – 6 Month Minimum Term Ongoing Agreement:

This is an Ongoing Agreement. It will continue after the Minimum Term unless you tell us in writing at least 30 days before the end of the Minimum Term that you wish to cancel. If you tell us before the end of the Minimum Term but it is less than 30 days before, your Membership will continue for another 30 days before it ends. If your Agreement continues after the Minimum Term, you can cancel any time on at least 30 days Written Notice. You must pay all Membership Fees, as normal, that fall within the 30 day notice period and you can continue to use your Membership during this period.

9.2.    Cancelling for your convenience during the Minimum Term – 6 Month Minimum Term Ongoing Agreement:

You can cancel at any time by providing Written Notice and paying the Termination Fee.

9.3.    Cancellation by you – 30 Day Minimum Term Ongoing Agreement:

This is an Ongoing Agreement. It will continue after the Minimum Term until you give us at least 30 days Written Notice that you wish to cancel. You must pay all Membership Fees, as normal, that fall within the 30 day notice period and you can continue to use your Membership during this period.

9.4.    Cancellation by you – Prepaid Packages:

If you have purchased Prepaid Packages, your Membership will continue until all Prepaid Packages have expired or been used, whichever is sooner. If you wish to cancel your Membership earlier than this, you will forfeit all unused Prepaid Packages and you will not be entitled to a refund.

9.5.    Cancelling for Medical Reasons:

You can cancel your Membership immediately without paying your next due Membership Fee if:

(a)    you (or your estate) provide us Written Notice requesting termination; and

(b)    you have contracted a permanent sickness or physical incapacity during the term of your Membership which prevents you from receiving Services; and

(c)     the request is accompanied by a medical or death certificate evidencing the permanent sickness or physical incapacity.

9.6.    Cancelling upon closure:

In the event of our Studio’s closure, you can elect to:

(a)    transfer your Membership to another Orangetheory Fitness studio, subject to availability and provided you are not in default of your obligations under this Agreement; or

(b)    cancel your Membership.

9.7.    Other ways you can cancel this Agreement:

You can also cancel your Membership in the following ways and without paying your next due Membership Fee by providing us Written Notice if:

(a)    you become bankrupt and give us proof;

(b)    you become entitled to cancel at law; and/or,

(c)     you permanently relocate your place of residence to more than 30 km from any Orangetheory Fitness branded studio and you give us proof of your relocation to our satisfaction.

9.8.    Cancellation by us:

In addition to our other rights under this Agreement, we may cancel your Membership if you breach any obligation under this Agreement that:

(a)    is unable be remedied; and/or

(b)    you do not remedy within a reasonable time.

If we cancel your Membership under clause 9.8, we may charge your next due Membership Fees and recover any damages we suffer which are caused by your breach.

You warrant to us that you are not bankrupt or insolvent and are able to pay all amounts due by you under this Agreement at the time of joining.

You agree that you will tell us promptly if you believe you will be unable to pay your Membership Fees for an extended period. We may cancel your Membership if you become bankrupt or insolvent.

10.    FEES, REFUNDS & EXPIRY

10.1.  General:

The Fees you have to pay and some related obligations are set out in the Details. Some rights and obligations that apply in relation to particular Fees are set out in this clause. If you do not make any payment when it is due, your Membership may be suspended and you could be refused Services until all outstanding amounts are paid. Fees may continue to accrue during any suspension period. If Fees are unpaid for an extended time, your Membership may be terminated. In such case, you will be liable for unpaid amounts.

10.2.  Ongoing Agreements:

If your Membership is an Ongoing Agreement, you agree to pay your Membership Fees by instalments in advance. If your Membership continues beyond the Minimum Term in accordance with this Agreement, you must continue to pay Membership Fees periodically in advance until your Membership ends.

10.3.  Changing Fees:

Orangetheory Fitness reserves the right to change the Membership Fees charged to Members for use of the Studio facilities once the Minimum Term has expired. Orangetheory Fitness agrees to use reasonable endeavors to provide you with Written Notice of the changes. The changes will take effect 28 days after the Written Notice has deemed to be been received by you.

Orangetheory Fitness reserves the right to change the Membership Fees charged to Members for use of the Studio facilities once the Minimum Term has expired. Orangetheory Fitness agrees to use reasonable endeavors to provide you with Written Notice of the changes. The changes will take effect 28 days after the Written Notice has deemed to be been received by you.

We deem receipt to have occurred 2 business days after the Written Notice was sent. At the end of the 28 day period, you authorise Orangetheory Fitness and/or the Payment Provider to debit the new amount to your account.

10.4.  Prepaid Packages:

If you have purchased Prepaid Packages, you agree to pay the price for the number of Sessions upfront and in advance. Your Membership will expire, and all purchased Sessions will be forfeited upon the conclusion of the expiry period (which commences on the Start Date).

10.5.  Premium Studio Charges:

We may designate one or more Orangetheory Fitness studios to be Premium Studios (but not our Studio). If you wish to use any Premium Studio, you may be required to pay an additional amount which will be notified to you in advance.

10.6.  Refunds:

We can deduct Fees and charges that you must pay under this Agreement from any refund you are entitled to. Payments for Prepaid Packages are not refundable, subject to law.

11.    DIRECT DEBIT

11.1.  Direct Debit Payment Agreement:

If you elected to pay any Fees by direct debit then this will be through our Biller (not us). You will be provided with a copy of the Direct Debit Payment Agreement of the Biller which applies to any direct debit services. The Direct Debit Payment Agreement, which we are not a party to, is entirely separate to this Agreement. You acknowledge and agree that we may change our Biller and that we and/or the current Biller may assign or novate all existing Direct Debit Payment Agreements to a new payment provider and you consent to us and/or the current Biller providing your personal information (including, but not limited to your payment details) to any new payment provider.

11.2.  Authority to deduct Fees:

By nominating a credit or debit account, you authorise our Biller to deduct from that account all Fees and other charges you are or may become responsible for payment of under this Agreement and the Direct Debit Payment Agreement.

12.    CHANGES TO YOUR AGREEMENT

We may sometimes make changes to this Agreement. If we do this, we will try to do this fairly which may include giving you a chance to cancel your Membership if you are adversely affected in a material way by the change and you do not agree to it.

13.    OUR LIABILITY TO YOU

13.1.   Statutory guarantees:

We do not exclude or limit:

(a)    the application of any provision of any statue or law (including the ACL) where to do so would contravene that statute or cause any part of this clause 13 to be void; or

(b)    direct losses and damages which arise only as a result of our gross negligence.

13.2.   Exclusions:

Except where clause 13.1 applies:

(a)     we exclude all statutory liability, tortious liability (including but not limited to liability in negligence), conditions and warranties implied by custom, the general or common law or statute, liability for all direct, economic, consequential or indirect losses, expenses, damages and costs incurred by you, arising out of or relating to the Facilities, Services, the Products and/or this Agreement, and in particular, we are not liable for death or injury caused by our negligence or breach of any implied terms that Services will be provided with reasonable care and skill at common law.

(b)    Our liability to you for any breach of any implied provision of this Agreement is limited, at our option, to refunding the price of the Products or Services in respect of which the breach occurred, or to providing or replacing those Products or Services again.

14.    LOSS OF PROPERTY:

We are not liable to you for any personal property that is damaged, lost or stolen while on or around the Studio. The ACL Exclusion Notice: “Warning Under the ACL and Fair Trading Act 2012” applies if attached to this Agreement and signed by you.

15.    YOUR RESPONSIBILITY FOR DAMAGE:

You agree to pay for any loss or damage to us, other people, the Studio, the Facilities or any equipment, goods or property at the Studio or the Facilities caused by you.

16.    PRIVACY

From when you apply for a Membership, you must provide us with, and we will have access to, personal information about you, including information relating to your health and finances.

You must advise us of any changes to your personal, contact and payment information as soon as possible after the changes occur.

By signing this Agreement, you consent to us collecting, using, disclosing and dealing with your personal information in accordance with the Orangetheory Fitness Privacy Policy - https://www.orangetheoryfitness.com.au/privacy-policy.

In particular, you consent to the transfer and storage of your personal information outside Australia, and to the disclosure and use of your personal information to other studios inside and outside Australia.

You acknowledge that the Studio, and/or OTF Royalties, LLC may take photos, videos and/or audio recordings (‘Material’) of Sessions and/or the Studio which You may appear in. You consent and grant permission to the Studio, and/or OTF Royalties, LLC to take, use and/or distribute this Material for promotional purposes. You acknowledge that You will provide the Studio with express notice if you do not wish to be featured in any Materials.

17.    COMPLAINTS AND FEEDBACK:

If you have concerns about the Services or your Membership, you should raise them with us.

18.    PRIVITY

OTF Royalties, LLC, and their respective past, present, and future affiliates and subsidiaries, and their respective officers, directors, incorporators, members, partners, owners, agents, management, controlling parties, entities under common control, vendors, service providers, attorneys, employees and representatives are not parties to this Agreement.

You understand and agree that to the full extent permitted by law neither OTF Royalties, LLC, nor any of its affiliates are responsible for any acts or omissions related in any way to this Agreement.

To the extent permitted by law, you agree to indemnify and hold OTF Royalties, LLC, forever harmless from and against any losses, damages, expenses and liabilities of any kind arising out of or in connection with this Agreement, the Services and/or the Facilities.

19.    GENERAL PROVISIONS

You agree that we have not made any representations that you have relied on that are not in this Agreement. This Agreement constitutes the entire agreement between us and you. This Agreement is governed by the laws of the state/territory in which the Studio is located. If the any part of a provision of this Agreement is unenforceable or illegal in a jurisdiction, it is severed for that jurisdiction only and the remaining provisions retain their full effect.

I/We have read through the this Agreement in full including the Details, Direct Debit Request, Important Notice, Ongoing Agreement and Terms and Conditions and I/We understand and accept my and your obligation under each of them.

By co-signing below, the parent / guardian of a 14-17 year old agrees to this agreement, agrees to accept personal responsibility to ensure the 14-17 year old complies with it and agrees to rectify any breaches by the 14-17 year old.