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Terms of Service Policy

Last Updated: 31 October 2025
Version: 3

Definitions

"We", "us", "our" means Mind to Muscle Fitness Pty Ltd.

"You", "Member" means any person who uses or purchases our services.

"Services" includes all memberships, classes, personal training, coaching, nutrition programs, events, challenges, workshops, and any online or digital content we provide.

"Facility" means our premises at Unit 2, 24 Durgadin Drive, Albion Park Rail, NSW, or any other location where we operate services.

"Third-party platforms" means service providers that support our operations, including Exercise.com, Wix, and Xero.

"Terms" means this Terms of Service agreement.

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1. Introduction

Welcome to Mind to Muscle Fitness.

Simply put: By accessing or using our website, facilities, programs, or digital services, you're agreeing to these Terms of Service ("Terms").

These Terms apply to all services and activities, including those delivered through third-party platforms such as Exercise.com and Wix.

If you don't accept these Terms, please don't use our services.

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2. Acceptance of Terms

By purchasing, booking, or participating in any program or membership, you confirm that you:

  • Have read and understood these Terms

  • Are 18 years or older, or have verified guardian consent if under 18

  • Agree to comply with all our policies, including our Privacy Policy and Refunds & Returns Policy

  • Understand and accept the risks associated with physical exercise and the waiver outlined in Section 16

Updates to these Terms: We may update these Terms as required by law or operational changes. The most recent version will always be available on our website. Any significant changes will be notified to active members at least 30 days in advance via email and prominent website notices.

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3. Services Covered

These Terms cover all products and services provided by Mind to Muscle Fitness, including:

  • Gym memberships and access passes

  • Personal training and coaching

  • Group fitness and online classes

  • Nutrition and wellness programs

  • Events, challenges, and workshops

  • Digital subscriptions, e-books, and video resources

  • Merchandise and fitness equipment

Third-Party Service Delivery

Some services are provided through trusted third-party platforms:

  • Exercise.com (USA): Gym management, booking, and program delivery

  • Wix (Israel/USA): Website hosting and management

  • Xero (New Zealand/USA): Accounting and payment processing

While these platforms host or facilitate our services, Mind to Muscle Fitness remains responsible for service delivery and your consumer rights under Australian law. For details on how these platforms handle your data, refer to our Privacy Policy.

AI-Assisted Services

We may use artificial intelligence tools to enhance our operations, including customer service, scheduling, and administrative functions. All AI use is subject to strict privacy safeguards outlined in our Privacy Policy. Human oversight is maintained for all decisions affecting members.

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4. Memberships and Packages

Upfront Packages

Prepaid services (session packs, programs, courses) must be used before their expiry date. We'll clearly communicate expiry dates at the time of purchase.

Missed Sessions: Sessions missed without a minimum of 12 hours' notice are typically forfeited unless:

  • You have exceptional circumstances (medical emergency, family crisis)

  • Australian Consumer Law requires otherwise

  • We exercise discretion on a case-by-case basis

Before You Start: Changed your mind before your first session? No problem. Contact us before your start date for a full refund (subject to unavoidable third-party costs we've disclosed).

Ongoing Memberships

Cancellation is straightforward. You may cancel your membership at any time by providing written notice via:

Your cancellation takes effect at the end of your current billing cycle. We'll send written confirmation within 5 business days.

Exception: If you're within your first 30 days, our Money-Back Guarantee applies (see Section 5).

Need a break? You have the option to pause or suspend your membership

Life happens. You can pause your membership for:

  • Medical reasons or injury (we may request a medical certificate)

  • Extended travel

  • Temporary financial difficulty

  • Other reasonable circumstances

While paused, billing stops. Each pause requires a start and end date. Need to extend the suspension? Just contact us and we'll amend it.

Price Adjustments

If we increase our prices: We'll communicate any fee changes at least 30 days in advance via email and in-facility notices. You're free to cancel before the new pricing takes effect without penalty.

For full details on refunds, cancellations, and your consumer rights, see our Refunds & Returns Policy at www.mindtomusclefitness.com.au

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5. 30-Day Money-Back Guarantee

Try us risk-free for 30 days.

If you're not happy with your first-ever purchase with Mind to Muscle Fitness, we'll give you a full refund within the first 30 days. No complicated forms, no hassles.

Who's eligible?

This guarantee covers your first purchase only (packages or memberships). It doesn't apply to renewals, add-ons, or additional purchases.

To qualify, you need to:

  • Request your refund within 30 days of purchase or first billing date

  • Have completed our onboarding process

  • Have attended or accessed the service at least once

We include these requirements because we want you to genuinely try our service—that's the only way you'll know if it's right for you.

What you'll get back

We'll refund 100% of what you paid to us.

In rare cases, we might deduct third-party costs (like equipment you ordered from an external supplier). We'll only do this if:

  • We told you about these costs before you purchased

  • We've actually paid these costs and can't get the money back

  • Australian Consumer Law allows us to deduct them

How to request your refund

Email us: accounts@mindtomusclefitness.com.au
Subject line: "30-Day Money-Back Guarantee"
Include: Your name, what you purchased, when you purchased it, and a brief reason why

Call: 0433 923 570

Or write to: Mind to Muscle Fitness, Unit 2, 24 Durgadin Drive, Albion Park Rail, NSW, 2527

Timeline

  • Acknowledgment: Within 2 business days

  • Decision: Within 10 business days

  • Refund processed: Within 10 business days via your original payment method

For complete details, see our Refunds & Returns Policy.

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6. Health, Safety, Medical Clearance & Accessibility

Your safety is our top priority.

Your Responsibilities

You must:

  • Inform staff of any injuries, illnesses, medical conditions, or physical limitations that may affect your ability to participate safely

  • Provide updated information if your health status changes

  • Follow all safety instructions and staff directions

  • Use equipment correctly and as instructed

  • Obtain medical clearance before participating if you have any concerns about your fitness for exercise

Minors (Under 18)

  • Members under 16 must be accompanied by a parent/guardian or approved coach during sessions

  • Members aged 16–17 may participate independently with written parental/guardian consent

  • We may verify age and consent documentation and may refuse access until verification is complete

Accessibility & Inclusion

We are committed to accessibility and inclusion. Please let us know if you require reasonable adjustments or assistance to access our services safely and effectively.

Public Health Compliance

Members must comply with applicable public health directives and facility hygiene protocols. We may temporarily adjust access or operations to comply with government orders or health advisories.

Our Rights and Responsibilities

We reserve the right to:

  • Request medical clearance before allowing participation in specific activities

  • Refuse or suspend participation if, in our professional judgment, your participation would be unsafe or medically inadvisable

  • Modify or discontinue activities that present safety concerns

If we cancel services for safety reasons, we'll discuss this with you openly and provide a fair remedy in accordance with our Refunds & Returns Policy and the Australian Consumer Law. This may include refunds, credits, or alternative services.

Medical Emergencies: In the event of a medical emergency, we will contact emergency services and your nominated emergency contact. By participating, you consent to this emergency response protocol.

7. Use of Facilities and Conduct

Facility Rules

All members and guests must:

  • Follow posted safety rules and staff directions

  • Use equipment properly and safely

  • Respect other members and staff

  • Maintain appropriate hygiene standards

  • Wear appropriate exercise attire and footwear

Prohibited Conduct

We may suspend or terminate membership if you:

  • Create health or safety hazards

  • Damage property or equipment (you may be liable for repair costs)

  • Harass, intimidate, or endanger others

  • Engage in illegal activities

  • Repeatedly violate facility rules

  • Provide false information during registration

Suspension or Termination Process: We'll provide written notice explaining the reason for suspension or termination. You'll have an opportunity to respond. Refunds for terminated memberships will be assessed according to our Refunds & Returns Policy and your rights under Australian Consumer Law.

Facility Closures

Temporary closures for maintenance, upgrades, or unforeseeable circumstances may occur. We'll provide reasonable advance notice where possible. For extended closures, membership fees may be adjusted or suspended proportionately.

Force Majeure: We're not liable for service interruptions due to circumstances beyond our reasonable control, including natural disasters, pandemics, government orders, or utility failures. In such cases, we'll work with affected members to provide reasonable alternatives, which may include membership pauses, credits, or online services.

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8. Online and Digital Services

Access and Usage

When using our online programs, apps, or digital downloads, you agree to:

  • Keep login credentials secure and confidential

  • Not share your account access with others

  • Not copy, reproduce, distribute, or commercially exploit our materials

  • Use services only for personal, non-commercial purposes

Content Delivery

Digital content is delivered "as is." We'll make reasonable efforts to ensure content is accessible and functional, but occasional technical issues may occur.

If digital content is defective, corrupted, or substantially different from its description, we'll fix it or provide a refund in accordance with Australian Consumer Law.

Third-Party Links & Offers

Our website and digital platforms may contain links to third-party websites or offers. We are not responsible for the content, policies, or practices of those third parties. Please review their terms and privacy policies before engaging with their services.

Intellectual Property

All online materials, including videos, programs, documents, and proprietary training methods, remain the intellectual property of Mind to Muscle Fitness and are protected under Australian copyright legislation.

Unauthorized reproduction, distribution, or commercial use may result in account termination and legal action.

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9. Payments and Billing

Payment Terms

  • All fees are charged in Australian Dollars (AUD) and include GST unless stated otherwise

  • By joining, you authorize recurring billing according to your selected payment schedule (weekly, fortnightly, or monthly)

  • Payment is due on your scheduled billing date

Payment Methods

We accept:

  • Credit and debit cards

  • Direct debit from Australian bank accounts

  • Other payment methods as advertised

Failed Payments

If payment fails:

  1. We'll notify you immediately via email

  2. You have 7 days to update payment details or make alternative arrangements

  3. Access may be suspended if payment is not received within 7 days

  4. Membership may be cancelled after 14 days of non-payment

Before suspending or cancelling, we'll make reasonable attempts to contact you and resolve the issue.

Billing Disputes

If you believe you've been charged incorrectly:

  1. Contact us first: Email accounts@mindtomusclefitness.com.au or call 0433 923 570

  2. We'll investigate and respond within 5 business days

  3. Disputes are typically resolved within 10 business days

Important: Please contact us before initiating bank chargebacks, as this may delay resolution and cause duplicate processing. We're committed to resolving payment issues fairly and promptly.

Refunds

Refunds are processed according to our Refunds & Returns Policy. Approved refunds are returned via your original payment method within 10 business days.

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10. Privacy and Data Protection

We take your privacy seriously.

What We Collect

Personal information collected may include:

  • Identity and contact details

  • Membership and payment information

  • Health information (with your explicit consent)

  • Website usage data and cookies

  • Emergency contact information

For members under 18, we require verifiable parental/guardian consent before collecting any personal information.

How We Use Your Information

We process your information for:

  • Contractual purposes: Managing your membership and providing services

  • Legal obligations: Tax compliance, workplace health and safety

  • Legitimate interests: Service improvement, security, and business operations

  • Consent-based activities: Marketing communications, health assessments, photography

Media (Photography/Video) Consent

From time to time, photos or videos may be taken within our facility for marketing, training, or community engagement purposes. We will notify you or seek consent before you are identifiable in such content. You may withdraw consent at any time by contacting enquiries@mindtomusclefitness.com.au.

Your Privacy Rights

You have the right to:

  • Access your personal information

  • Correct inaccurate or incomplete information

  • Delete your information in certain circumstances

  • Data portability in structured, machine-readable format

  • Object to direct marketing (absolute right)

  • Withdraw consent at any time for consent-based processing

To exercise your rights: Contact enquiries@mindtomusclefitness.com.au or call 0433 923 570.

International Data Transfers

Some of your information is stored or processed outside Australia (USA, New Zealand, Israel) through our service providers. We ensure adequate protection through contractual safeguards, encryption, and ongoing monitoring.

Data Security

We implement:

  • End-to-end encryption for data transmission

  • Secure, encrypted database storage

  • Multi-factor authentication for staff access

  • Regular security audits

  • Staff privacy training

Data Retention (Summary)

We retain:

  • Membership records: 7 years after membership termination (tax compliance)

  • Health information: 7 years after last service provision (medical record requirements)

  • Financial records: 7 years (Australian Taxation Office requirements)

  • Marketing communications: Until consent is withdrawn

Information is securely destroyed or anonymized when retention periods expire.

Data Breach Notification

If a data breach occurs that's likely to result in serious harm, we'll notify:

  • The Office of the Australian Information Commissioner (OAIC) within 72 hours of becoming aware of the breach

  • Affected individuals as soon as practicable after we become aware of the breach

  • You'll receive clear information about the breach, potential risks, and recommended actions

Marketing Communications

We may send marketing about new services, offers, and health tips. You can opt out anytime via:

  • Unsubscribe links in emails

  • Account settings

  • Replying "STOP" to SMS

  • Contacting us directly

For complete privacy details (including cookies, AI use, and full retention periods), see our Privacy Policy at www.mindtomusclefitness.com.au

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11. Intellectual Property

All content, branding, and materials created by Mind to Muscle Fitness—including text, images, videos, logos, training programs, and proprietary methods—are owned by Mind to Muscle Fitness Pty Ltd.

Your Limited License

By purchasing our services, you receive a limited, non-exclusive, non-transferable license to:

  • Access and use materials for your personal fitness purposes only

  • View and download digital content for personal reference

Restrictions

You may not:

  • Copy, reproduce, or distribute our materials

  • Modify, reverse engineer, or create derivative works

  • Use our content for commercial purposes

  • Remove copyright notices or attributions

  • Share login credentials or account access

Violation of intellectual property rights may result in immediate termination of services without refund and potential legal action.

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12. Limitation of Liability and Consumer Guarantees

Your Consumer Rights

Nothing in these Terms limits your rights under the Australian Consumer Law (ACL).

When you purchase our services, you have guaranteed rights including:

  • Services delivered with acceptable care, skill, and within a reasonable timeframe

  • Services that match their description and are fit for purpose

  • A refund, replacement, or compensation if there's a major problem

  • Compensation for any reasonably foreseeable loss or damage

If we fail to meet these guarantees, we'll make it right—regardless of any limitations mentioned below.

Inherent Risks

Participation in physical exercise involves inherent risks, including but not limited to:

  • Muscle strains and sprains

  • Cardiovascular stress

  • Joint injuries

  • Falls and accidents

  • Aggravation of pre-existing conditions

  • In rare cases, serious injury or death

You acknowledge and voluntarily assume these risks by participating.

Our Liability

To the extent permitted by law:

  • Mind to Muscle Fitness is not liable for injury, loss, or damage arising from participation unless caused by our negligence, breach of statutory duty, or failure to meet consumer guarantees

  • We are liable for injuries or losses resulting from our failure to provide services with reasonable care and skill

  • We maintain appropriate insurance coverage, including Public Liability and Professional Indemnity insurance (evidence available upon reasonable request)

What We ARE Responsible For

We accept responsibility for:

  • Providing safe, well-maintained facilities and equipment

  • Delivering services with professional care and expertise

  • Meeting all consumer guarantees under Australian law

  • Responding appropriately to safety concerns and medical emergencies

  • Honouring the terms of this agreement

Exclusions

To the maximum extent permitted by law, we're not liable for:

  • Injuries resulting from your failure to follow instructions or safety guidelines

  • Losses arising from your failure to disclose relevant health information

  • Damage to personal property (please use secure storage)

  • Service interruptions due to force majeure events

Again: These exclusions do not limit your rights under Australian Consumer Law.

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13. Suspension and Termination

Our Right to Suspend or Terminate

We may suspend or terminate your membership if you:

  • Breach these Terms

  • Engage in unsafe or prohibited conduct (see Section 7)

  • Provide false or misleading information

  • Fail to pay outstanding fees after reasonable notice

  • Engage in behaviour that threatens the safety or wellbeing of others

Process

  1. We'll provide written notice explaining the reason for suspension or termination

  2. You'll have an opportunity to respond and remedy the situation where appropriate

  3. We'll make a final decision within a reasonable timeframe

Refunds Upon Termination

  • Termination by you: Refunds are handled according to our Refunds & Returns Policy

  • Termination by us for your breach: Generally, no refund for remaining membership period, unless Australian Consumer Law requires otherwise

  • Termination by us for safety reasons: Fair remedy provided as outlined in Section 6

Effect of Termination

Upon termination:

  • Your access to facilities and services ends immediately

  • All outstanding fees become due

  • You must return any property belonging to Mind to Muscle Fitness

  • Sections relating to liability, intellectual property, and dispute resolution survive termination

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14. Changes to Services

Service Modifications

We may occasionally:

  • Modify class schedules or formats

  • Update program content

  • Adjust facility operating hours

  • Introduce new equipment or services

  • Discontinue certain offerings

We'll provide reasonable notice of significant changes, typically at least 14 days in advance.

Impact on Your Membership

If changes substantially affect your membership:

  • We'll notify you in writing

  • You may cancel without penalty if the changes don't meet your needs

  • Alternative services may be offered where appropriate

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15. Risk Warning (Civil Liability Act 2002 NSW)

IMPORTANT SAFETY NOTICE

Under section 5M of the Civil Liability Act 2002 (NSW), participants are advised that:

Activities involving physical exertion carry inherent risks, including injury, illness, or death.

These risks include but are not limited to:

  • Cardiovascular events

  • Musculoskeletal injuries

  • Falls and impact injuries

  • Heat exhaustion or dehydration

  • Aggravation of pre-existing conditions

  • Equipment-related injuries

You voluntarily assume these known and unknown risks by participating in any service, class, or event offered by Mind to Muscle Fitness.

This warning is provided in compliance with NSW law and does not limit your consumer rights.

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16. Waiver and Release

PLEASE READ CAREFULLY – THIS AFFECTS YOUR LEGAL RIGHTS

In consideration of being allowed to participate in Mind to Muscle Fitness activities, and to the maximum extent permitted by law, you acknowledge and agree that:

Your Acknowledgment

  1. Voluntary Participation: You engage in exercise programs voluntarily, with full knowledge of the inherent risks described in Section 15

  2. Health Responsibility: You are responsible for:

    • Determining your fitness for participation

    • Disclosing all relevant health conditions

    • Obtaining medical clearance when necessary

    • Stopping activity if you feel unwell

  3. Release of Liability: You release, indemnify, and hold harmless Mind to Muscle Fitness Pty Ltd, its directors, officers, trainers, employees, contractors, and agents from liability for personal injury, property damage, or loss arising from participation, except to the extent caused by:

    • Our negligence

    • Breach of statutory guarantees under Australian Consumer Law

    • Breach of statutory duties

    • Unlawful conduct

Scope of Waiver

This waiver applies to:

  • All Mind to Muscle Fitness facilities

  • Online and digital services

  • Third-party hosted programs (Exercise.com, etc.)

  • Events, workshops, and challenges

  • Use of equipment and facilities

Important Limitations

This waiver does NOT:

  • Exclude or limit your rights under Australian Consumer Law

  • Apply to liability arising from our negligence or unlawful conduct

  • Prevent you from seeking compensation for injuries caused by our failure to meet consumer guarantees

  • Affect your right to complain or seek remedies through appropriate channels

Confirmation

By registering, attending, or accessing any service, you confirm that you have:

  • Read and understood this waiver

  • Been given the opportunity to seek independent legal advice

  • Voluntarily agreed to its terms

If you have questions about this waiver, please ask before participating.

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17. Complaints and Dispute Resolution

We're committed to resolving any concerns fairly and quickly.

Step 1: Talk to Us

Contact us directly:

We'll do our best to resolve the issue immediately.

Step 2: Formal Complaint

If you're not satisfied, send us a written complaint including:

  • Your name and contact details

  • Description of the issue

  • What you'd like us to do to resolve it

  • Any supporting documentation

We'll respond within 10 business days with our decision and reasoning.

Step 3: Speak with Management

If you're still not satisfied, request escalation to the Director:

The Director will review and respond within 10 business days.

Step 4: External Resolution

If you are still not satisfied, or a suitable solution met, you can contact:

NSW Fair Trading

  • Phone: 13 32 20

  • Website: fairtrading.nsw.gov.au

Australian Competition & Consumer Commission (ACCC)

  • Phone: 1300 302 502

  • Website: accc.gov.au

These organizations can provide free assistance and advice about your consumer rights.

Mediation

Before pursuing legal action, we encourage mediation through a mutually agreed mediator. Costs are typically shared equally.

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18. Governing Law and Jurisdiction

These Terms are governed by the laws of New South Wales, Australia.

Any disputes that cannot be resolved through the process outlined in Section 17 will be subject to the exclusive jurisdiction of the courts of New South Wales.

However, this does not prevent you from:

  • Accessing consumer protection mechanisms under Australian law

  • Contacting NSW Fair Trading or the ACCC

  • Seeking remedies available under the Australian Consumer Law

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19. General Provisions

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy and Refunds & Returns Policy, constitute the entire agreement between you and Mind to Muscle Fitness.

No Waiver

Our failure to enforce any right or provision doesn't constitute a waiver of that right or provision.

Assignment

You may not transfer or assign your membership or rights under these Terms without our written consent. We may assign our rights and obligations to a successor business with notice to you.

Notices

All notices must be in writing and sent to:

  • To you: Via the email or physical address you provided during registration

  • To us: Using the contact details in Section 20

Notices are deemed received:

  • Email: 24 hours after sending (unless delivery failure notification received)

  • Mail: 5 business days after posting

Relationship

Nothing in these Terms creates a partnership, employment, or agency relationship between you and Mind to Muscle Fitness.

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20. Contact Us

Mind to Muscle Fitness Pty Ltd

ABN: 53 660 077 994

Address: Unit 2, 24 Durgadin Drive, Albion Park Rail, NSW, 2527

General Enquiries: enquiries@mindtomusclefitness.com.au

Accounts & Billing: accounts@mindtomusclefitness.com.au

Phone: 0433 923 570

Website: www.mindtomusclefitness.com.au

Operating Hours: As displayed on our website and facility noticeboard

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21. Related Policies

For complete information about your rights and our commitments, please review:

Privacy Policy: How we collect, use, and protect your personal information
www.mindtomusclefitness.com.au/privacy-policy

Refunds & Returns Policy: Detailed refund procedures, Money-Back Guarantee, and cancellation processes
www.mindtomusclefitness.com.au/returns-and-refunds

All policies are available on our website and at our facility.

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By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

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Policy Ownership & Review

Policy Owner: Mind to Muscle Fitness Pty Ltd – Management Team
Review Frequency: Annually, or as required by law or business changes

This document complies with the Australian Consumer Law, Privacy Act 1988 (Cth), Civil Liability Act 2002 (NSW), and other applicable Australian laws and regulations.

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