Terms & Conditions

The following paragraphs outline the terms and conditions (Terms) on which Xtra Wellness Pty Ltd (ACN 667 066 659) trading as Xtra Clubs (we, our, us) agrees to grant you a Membership to enter our Club and use our Facilities and provide you with the Services.

1. Definitions

The following definitions apply to the Agreement:

ACL means the Australian Consumer Law in the CCA.

Agreement means these terms and conditions, the Membership Application and Agreement, our Club Rules and Privacy Policy.

App and or Application means the application we make available from time to time which allows you to become a Member and includes our Website.

CCA means the Competition and Consumer Act 2010 (Cth).

Club means the Xtra Club or Clubs you are entitled to access in accordance with the terms of your Membership Application and Agreement.

Club Location means the Club nominated on your Membership Application and Agreement.

Closing Time means the time the Club closes at that Club Location as designated by us from time to time.

Club Rules means the rules we set from time to time to manage the entry into our Club and the use of our Facilities and Services by all Members and the terms of entry into our Club, including the rules as set in clause 5.3.

Club Services means any additional services that we make available for a Member to purchase for an additional fee or charge at our Club including for example the Towel Service.

Direct Debit Request & Authority means the direct debit request & authority set out in your Membership Application and Agreement.

Distress Button means the equipment located in our Club which can be used to call security or for emergency help.

Essential Term means a term of this Agreement that is so important and fundamental to this Agreement, as reasonably determined by us, that a breach of the term would show an intention to not be bound by the terms of this Agreement by a party who breaches the Essential Term.

Facilities means the Club premises and include all bathrooms, change rooms, benches, ice baths, saunas and steam rooms.

Fees means any fees and charges that you agree to pay us as set out in your Membership Application and Agreement and any additional fees and charges we are entitled to charge you in accordance with our Terms.

Induction means the induction process we determine appropriate and necessary from time to time for each Member to complete before becoming a Member.

Intellectual Property means all intellectual property rights and moral rights we have in our Website, App, Club, Club Services, Agreement, Facilities and in Our Property.

Member(s) means a person who has entered into a Membership Application and Agreement and is entitled to access our Club, including casual members and visitors.

Membership is another word used to refer to this Agreement.

Membership Application means the application you complete to become a Member which is a part of the Membership Application and Agreement.

Membership Fees means the Fees you agree to pay us to access our Club and use our Facilities.

Membership Tier means the specific Membership product you subscribe to when becoming a Member as changed by us from time to time as permitted by these Terms.

Minimum Age means the minimum age we set to become a Member, as set out in clause 8.1.

Minimum Term means the minimum term as set out in your Membership Application and Agreement, if applicable.

Ongoing Agreement where a Membership Application and Agreement provides for a Minimum Term, means an agreement that continues on an ongoing basis after the Minimum Term has expired until terminated by either party in accordance with these Terms.

Operating Hours means the hours of operation for that Club Location that we designate from time to time.

Our Property means anything that we own that forms part of the Club.

PARQ means the Physical Activity Readiness Questionnaire we require a Member to complete from time to time.

Peak-Hour Sessions means the hours and days designated by us and displayed in the Club Rules and on our App from time.

Personal Information means personal information we collect from you when applying to become a Member which may include your date of birth, sex, credit card and bank details which is managed by us in accordance with our Privacy Policy.

Photo ID means photographic identification of you which verifies who you are.

Privacy Policy means our privacy policy as published on our website and amended by us from time to time.

Promotion means any discount, offer or bundle deal we may offer to new or existing Members from time to time at our absolute discretion.

Session means the period of time you are permitted to access the Club on a particular day and use the Facilities.

Session Packs means the various options made available by us to our Members or potential Members from time to time to purchase additional sessions to access and use our Facilities.

Staffed Hours means the dates and times that the Club is staffed by our employees which we may determine or vary from time to time at our absolute discretion.

Terms means these terms and conditions which form part of the Agreement.

Website means the website owned and operated by us.

Xtra Clubs means the Clubs owned and operated by Xtra Wellness Pty Ltd (ACN 667 066 659) trading as Xtra Clubs and includes any Clubs which we may agree to franchise, licence or sub-let from time to time.

2. Joining & Access

2.1 When you join our Club, you will need to give us information including Personal Information when you complete the Membership Application and Agreement and provide us with Photo ID before being issued with electronic access to our Club.

2.2 We will use your Photo ID to identify you whilst you are in our Club. We do this to determine if you are complying with this Agreement and the Club Rules and to determine if there are any additional Fees that you may be liable for in accordance with this Agreement.

2.3 Once you become a Member you will be provided with electronic access to enter our Club and use its Facilities and Services subject to:

(a)        the terms and restrictions of the Membership Tier purchased by you;

(b)        the availability of Sessions;

(c)        the terms and conditions of any Session Pack purchased by you;

(c)         the terms and conditions of this Agreement;

(d)        your compliance with the Club Rules; and

(e)        our right to suspend or terminate your access to our Club, Facilities and Services in accordance with the terms and conditions of this Agreement.

2.4 You must use our App to book a Session. Depending on your Membership Tier you may have limited Sessions during Peak-Hour Sessions. We do not warrant or guarantee Session availability. Sessions will be allocated on a first booked basis. Each Club Location may have different Peak-Hour Sessions designated by us. We reserve the right, acting reasonably, to vary the hours and days designated as Peak-Hour Sessions to accommodate the operational and volume requirements of the Club.

2.5 If you become a Member under a particular Promotion made available by us, we reserve the right to verify that you are entitled or qualify for that particular Promotion. If you do not qualify or are not eligible for the Promotion we may at our discretion either allow you access to our Club using the Promotion or refuse to allow you access to our Club using the Promotion in which case you will either be entitled to a refund of the Fee paid or invited to select one of our other Membership Tiers and you will be credited with the amount paid to purchase the Promotion.

2.6 You must not let anyone else into our Club or let anyone else use your electronic access to enter our Club. If you breach this term, you will be charged a Fee in accordance with our then current Pricing Schedule, and we reserve the right at our discretion to suspend or cancel your Membership. If you believe a person has followed you into our Club without proper access, you must notify us by sending us an email with the date and time of the suspected unauthorised access.

3. Induction & Proper Use of Facilities and Services

3.1 Before becoming a Member you are required to complete the PARQ and our Induction. We may require Members to complete regular PARQ and Inductions from time to time if our Facilities and Services change or if you wish to access a different Club Location. Your access to our Club may not be activated or may be suspended until you successfully complete the then current PARQ and Induction.

3.2 You warrant when completing the PARQ your answers are honest, true and correct and acknowledge it is incumbent on you to determine if you should cease using our Facilities and Services if your circumstances change from when you initially completed the PARQ. Induction is an important step in ensuring all Members use the Facilities and Services offered safely and correctly. If you have any concerns or questions not answered during the Induction process please let us know.

3.3 You promise to take care to use the Facilities and Services safely, properly and in accordance with the Induction. If you are not sure how to use any of the Facilities and Services properly you must cease using the Facility and Service and ask us for advice and guidance before using the Facility or Services. We are not liable for any advice and guidance you may obtain from another Member present in the Club.

3.4 You acknowledge and agree that all settings for the Facilities and Services are set remotely by us and cannot be changed by you. You must not change or attempt to change any of the settings or features of the Facilities and Services, including without limitation, the temperature.  

4. Health and Safety

4.1 You acknowledge and agree:

(a)        it is up to you to determine whether your health, medical and physical condition is acceptable for you to use our Facilities and Services;

(b)        when you enter into this Agreement and each time you use the Facilities and Services, you must ensure you are in good physical condition and know of no medical or other reason why you should not use the Facilities and Services. If you are unsure you must obtain your own independent medical advice before using the Facilities and Services. Our staff are not qualified to give you medical and or health advice as to whether you should or should not use our Services and Facilities;

(c)        that the PARQ and Induction are not a substitute for medical advice and do not guarantee against injury or death.

(d)        you must not use the Facilities and Services if you are suffering from any illness, disease, injury, or other condition that could be a risk to your health and safety.

(e)        to follow any reasonable direction of Club staff relating to health, safety or security matters or related matters. This includes any notice placed in the Club from time to time by us or posted on our App;

(f)         we may suspend or cancel your Membership or request that you provide medical evidence before using our Facilities and Services if we have reasonable grounds to be concerned regarding your health;

(g)        Club staff and employees will only be present at our Club for limited hours during the day and whilst we have security cameras in our Club these cameras are not constantly monitored by staff and are not installed for the purpose of identifying, monitoring or responding to a medical emergency; and

(h)        we will use the Club security cameras and surveillance system to identify you whilst in our Club and will use these systems to determine if you are complying with this Agreement and the Club Rules and to identify you for the purposes of charging you any Fee you may incur, including without limitation,  a Late Exit Fee.

5. Club Rules & Behaviour

5.1 We will set Club Rules which are for the benefit of us, you and all other Members. The Club Rules form part of these Terms and your Membership Application and Agreement. You must read and familiarise yourself with the Club Rules, agree to be bound by the Club Rules and must not breach the Club Rules. The Club Rules:

(a)        apply to everyone who enters the Club and when using the Facilities and Services;

(b)        are usually displayed in the Club and will be available on our App; and

(c)         form part of this Agreement.

5.2 If you break any of the Club Rules we will respond in a way we consider to be fair and appropriate at our discretion. For example, in less serious cases, we may give you a warning but in serious cases or where you have repeatedly broken our Club Rules we may suspend or cancel your Membership.

5.3 Your Membership may be immediately suspended  or cancelled and you may be banned from obtaining Membership to any of our Clubs or alternate Club Locations if you behave in an offensive or inappropriate manner, including without limitation:

(a)        using foul, loud, abusive or disruptive language;

(b)        threatening or harassing our staff, Members, visitors or guests including verbally, physically or sexually;

(c)        predatory or anti-social behaviour;

(d)        damaging equipment;

(e)        distributing or using illicit substances;

(f)         consuming alcohol;

(g)        making loud phone calls;

(h)        making video calls;

(i)         taking any photographs, videos or audio recordings within the Club capturing any staff, Members, visitors or guests;

(j)         breaching any of the Club Rules.

5.4 We may refer any conduct in breach of clause 5.3 to the appropriate authorities, at our discretion.

5.5 If we cancel your Membership due to a breach or repeated breach of the Club Rules you will not be entitled to a refund of any Fees paid. If your breach of the Club Rules or conduct causes us or another person to suffer loss or damage or incur cost and expenses you agree to indemnify us and keep us indemnified against any loss or damage suffered or costs and expenses incurred in connection with your conduct.

6. Operating Hours, Staffed Hours & Club Closures

6.1 The Operating Hours of the Club are disclosed at each Club and on our App. Each Club Location may have different Operating Hours and Staffed Hours. You may not access the Club outside of our Operating Hours. You must be ready to leave our Club before the Closing Time. The Closing Time is not the time you must cease using our Facilities and Services but the time you must leave the Club. The Operating Hours are strict and will be enforced in order to comply with our legal requirements and obligations. If you do not leave the Club before the Closing Time we may at our discretion charge you a Fee. If you persistently breach the Club’s Closing Times and do not leave the Club before the Closing Time we may terminate your Membership.

6.2 We may need to close our Club or reduce the Operating Hours, the Staffed Hours or the Facilities and Services available to you to undertake routine maintenance of the Facilities and Services or in the event of an emergency. If we are required to close the Club in the event of an emergency or reduce the Operating Hours, the Staffed Hours or the Facilities and Services available on any particular day you will not be entitled to a refund or reduction in your Membership Fees.

6.3 If your Club is closed for an extended period, where we are able to, we will grant you access to an alternate Club Location during the period of the closure.

7. Complaints and Feedback

7.1 If you have any concerns about your Membership, the Facilities or Services or anything else including suggestions on how we can improve our Club you should first raise it with Club staff. If you are uncomfortable about approaching, or do not wish to approach Club staff, or are not happy with the response given, you may send a notification to the head office of Xtra Clubs.

7.2 We will, acting reasonably, determine the best way to address your complaint or concern within a reasonable period of time.

8. Minimum Age

8.1 For safety and security reasons you must be at least 18 years old to become a Member. You must not permit any person under the age of 18 years to enter the Club and you must not assist or facilitate anyone under the age of 18 years in obtaining a Membership.

9. Security & Emergencies

9.1 The Club has CCTV security cameras recording 24-hours a day (except in bathrooms and change rooms). This system is in accordance with clause 4.1(h) used for security purposes but does not guarantee against harm or theft. You should contact the Club if you have questions regarding the CCTV system and how it is used.

9.2 If we provide a locker or similar system for use by you when in the Club we do not warrant that the locker will be safe or secure at all times and we are not liable for any theft or items stolen from a locker that you may use. We strongly recommend that you do not bring any items of value into the Club.

9.3 The Club has a ‘Distress Button’ for safety and security reasons to alert our security company in emergencies, for example if you are, or feel, threatened or need medical help. You must:

(a)        familiarise yourself with the location of the Distress Button when in our Club and only use the Distress Button in the case of a genuine emergency; and

(b)        reimburse us any cost or expense we incur if you use the Distress Button inappropriately including any reasonable cost and expense we incur with our security providers or with emergency services.

10. Personal Information & Privacy

10.1 When you apply for Membership, you will need to provide us with, and we will have access to Personal Information about you, including information relating to your health and finances. Your Personal Information may be transferred or stored outside of Australia, including to a country that does not have the same level of privacy protection as Australia and used by us in accordance with our Privacy Policy.

10.2 By applying for Membership, you consent to us collecting, using, disclosing, and dealing with your personal information in accordance with our Privacy Policy. In particular, you consent to the transfer and storage of your personal information outside of Australia, and to the disclosure and use of your personal information to all our Club Locations.

10.3 You must tell us promptly if you change your contact or payment details or if there is a change to any other relevant Personal Information, including anything that may affect health or safety.

10.4 You understand that photos, film, videos or audio recordings are sometimes taken of Members for promotional purposes. Your permission will first be obtained if this is done. Members are not permitted to take photos and or videos in the Club unless prior permission is granted by us in writing.

11. Memberships and Termination

11.1 Any Membership or Session Packs purchased by you will not be refunded if you decide to cancel your Membership or we terminate your Membership before the Minimum Term has expired. You agree you will still be liable for any Membership Fees and Fees incurred by you whilst you were a Member and up to the end of the Minimum Term. You acknowledge and agree that the Membership Fee is set depending on your Minimum Term and therefore it is reasonable for us to charge the Membership Fee for the whole of the Minimum Term if you decide to cancel your Membership or we cancel your Membership before the expiration of the Minimum Term.

11.2 At the end of the Minimum Term your Agreement will become an Ongoing Agreement that either party may cancel by providing a minimum of 28 days’ notice in writing.

11.3 You are not required to give the minimum notice period if:

(a)        we breach an Essential Term of this Agreement and do not remedy the breach within 21 days of receiving written notice from you specifying the breach and requesting that we remedy the breach; or

(b)        we change this Agreement, Facilities or Services in a way that significantly and adversely affects you so that you no longer obtain the benefit of this Agreement (this does not include a variation of Fees).

11.4 In addition to our other rights under this Agreement, we may cancel your Membership:

(a)        if you do not pay us any Fees when due;

(b)        if you breach any non-monetary obligation under this Agreement that can’t be remedied or if you breach an obligation that can be remedied but fail to do so within 14 days of our request in writing;

(c)        you breach the Club Rules in a significant way warranting termination of your Membership as determined at our discretion; or

(d)        you persistently breach the terms of this Agreement or Club Rules on multiple occasions during any 12 month period.

11.4 If your Membership is terminated you acknowledge that we will disable your electronic access to enter our Club and you will not be permitted to enter our Club.

12. Fees and Charges

12.1 The Fees you agree to pay us are set out in the Membership Application and Agreement and these Terms. Importantly:

(a)        if you do not make any payment when it is due, your Membership may be suspended, and you will be refused access to the Club until all outstanding amounts have been paid;

(b)        if any Fees remain unpaid for an extended period or we cancel or suspend your Membership you will still be liable for all unpaid amounts;

(c)        Membership Fees are to be reviewed regularly and are subject to change but will not be changed during the Minimum Term;

(d)        sometimes membership may be sold with a Promotion. The renewal Membership Fees of that Membership will either be specified at the time of sale or notified to you by us at least 28 days before the renewal date.

(e)        after the Minimum Term or Promotion, all Fees may be reviewed and increased. We will notify you at least 28 days before any increase of your Membership Fees; and

(d)        we can deduct all Fees and charges that you must pay under this Agreement from any refund we may be liable to give you.

12.2 You authorise us to charge and debit your nominated credit card for any Membership Fees and Fees you owe us in accordance with the Direct Debit Request & Authority. This authority extends to any increase in Membership Fees and Fees from time to time during the course of this Agreement.

13. Changes to your Agreement

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

13.2 We will make reasonable effort to tell you of any change to this Agreement in advance and when it will take effect. Subject to other Terms, the effective date will generally be at least 30 days from the date we tell you about the change unless it is not practical for us to tell you at this time. Your Membership will be amended from the effective date.

14. Liability and Insurance

14.1 We will maintain a general liability insurance policy that covers the Club and will carry our own contents insurance. Our contents insurance does not extend to your property. To the extent permitted by law we are not responsible for your property or liable for any loss, damage of theft of your property even if placed in a locker storage facility or the shoe racks provided by us. We are not liable for, and do not provide any guarantees in relation to the provision of products or services supplied by third parties, which may be made available to Members as part of the Services.

14.2 You agree that your entry into the Club and use of the Facilities and Services is entirely to your own risk. We are not responsible for or liable for the conduct of any other Members. To the extent permitted by law, but excluding claims that arise from our gross negligence and wilful misconduct, you release us from all claims resulting from:

(a)        any loss or damage to your property;

(b)         death or injury of any person;

(c)        any other loss caused by an act or omission by us not otherwise dealt with in these Terms; and

(d)        any conduct, actions, or behaviour of other Members.

14.3 Without limiting your liability to pay the Fees or to indemnify us in accordance with clause 14.4, to the extent permitted by law, each party’s aggregate liability to the other party for loss or damage arising out of this Agreement is capped at $50,000 and we will not be liable for any indirect or consequential loss, including, but not limited to, any loss of actual or anticipated income or loss of opportunity.

14.4 You agree that you will be liable for and will indemnify and keep us indemnified (including our staff) form and against any claims, actions, proceedings, demands, expenses, costs and loss (including legal costs on a full indemnity basis) brought against us or which we may pay, sustain or incur in connection with any one or more of the following:

(a)        damage caused to Our Property, Club or Facilities by you;

(b)        your failure to pay the Fees;

(c)         any wrongful or negligent acts or omissions or acts of wilful misconduct by you.

14.5 Nothing in these Terms excludes or limits any rights or remedies you may have under the Australian Consumer Law (ACL), set out in schedule 2 of the Competition and Consumer Act 2010.

15. Dispute Resolution

15.1 Should any dispute arise between us and you in relation to this Agreement, such dispute must in the first instance and at the first reasonable opportunity be referred to the Club’s respective general managers or chief executive officers who shall confer with you in a spirit of good faith and on a without prejudice basis (either in person or by telephone) and in the absence of legal representatives and shall use their best endeavours to resolve such dispute.

15.2 For the purposes of clause 15.1 a reasonable period shall be within no less than 7 calendar days of notification of a dispute by either party.

16. Intellectual Property

16.1 We retain all rights in relation to our Intellectual Property. This Agreement and your Membership does not give you any right to use, exploit or copy any of our Intellectual Property.

17. Miscellaneous

17.1 We are not responsible if Members cannot use our Club because of an event outside of our reasonable control such as severe weather events, flood, fire, or a road or building closure, a pandemic or something similar. If this continues for more than 28 days, then you or we may at our election either cancel this Agreement immediately by written notice, or nominate an alternate Club Location for you to access during the period of the closure.

17.2 If a court decides that any part of this Agreement is or becomes illegal, void or unenforceable, that part is reduced to the extent possible or if it cannot be reduced then deleted and does not invalidate the rest of this Agreement.

17.3 If we do not enforce our rights under this Agreement, at any time, it does not mean that we may not do so in the future.

17.4 You agree that we have not made any representations or promises that you have relied upon to enter into this Agreement except where expressly set out in writing in this Agreement.

17.5 We may assign our interest or part thereof in this Agreement to another party only without the need to obtain your prior consent provided the party we assign this Agreement to agrees to be bound by the terms of this Agreement.

17.6 No delay or omission to exercise any right, power or remedy by us pursuant to the Agreement or otherwise is to be construed as any waiver of, or acquiescence in, any continuing breach or similar breach or default occurring subsequently. No waiver of any single breach or default is deemed a waiver of any earlier, or later, breach or default. All remedies under this Agreement, or by law, or otherwise afforded to us, are cumulative and not alternative.

17.7 All amounts set out in this Agreement are expressed to be inclusive of any GST unless expressly stated otherwise.

17.8 Unless otherwise expressly agreed in writing, the Contract shall be governed by the laws of New South Wales, Australia. The Parties submit to the exclusive jurisdiction of the Courts of New South Wales.