These are the terms and conditions of Bay City Strollers – an operating division of Moopig Pty Ltd acting as, hereafter referred to as “BCS”. Please read the terms and conditions carefully and indicate your acceptance of them.
To book and participate in a BCS session you must
a) Be at least 18 years of age
b) Be a registered client with BCS
c) Complete the BCS medical questionnaire
d) Accept the BCS terms and conditions
2. Participation in BCS Sessions
You may participate in a BCS session on the following basis:
a) Session credit holder: Holders of group session credts pay a fixed fee for a number of session credits. The fixed fees are set out in the price list and must be paid in advance.
b) Member: Members pay a fixed monthly fee in return for a period of time during which they may attend a number of BCS sessions per week. A minimum membership period of 3 months applies. Prices and details are set out in the price list. A Membership may be “frozen” at any time after the commencement date for a period of time not less than 14 days and not more than 60 days. During this time the membership is not valid. A Membership can only be “frozen” once during every 6 months. Memberships are ongoing until cancelled (unless prepaid for a fixed period). Membership cancellations require 30 days written notice.
NOTE: Holders of a promotional “Free Session Pass” may participate as a session credit holder, subject to acceptance of these terms and conditions. Free session passes are limited to one per person.
i) Fees for participation in BCS sessions are set out online here.
ii) Fees must be paid in advance of the session.
iii) Fees may change without notice.
iv) Fees paid for any BCS sessions are not refundable unless with the written authorisation of a BCS Director.
Merchandise can be purchased online or directly from a BCS trainer. For online merchanise purchases the following applies:
a) Orders will only be accepted from Australian residents and delivery will be restricted to Australian territory only.
b) Postage and handling costs will be added to the cost of the merchandise. Delivery is via standard Australia Post serices. Postage and handling charges are set out in the product catalogue.
c) Items will be delivered within 15 business days of the order date. BCS will advise customers within 10 business days of their order if goods are not available or there is a delay in delivery time.
d) All merchandise payments are non refundable unless the merchandise is not available for delivery within the specified period or with the written authorisation of a BCS Director.
5. Online purchases – security policy
All online purchases are protected by the Westpac Web Advantage secure payment gateway. The BCS website uses 128-bit SSL encryption.
You accept that
a) Bookings can only be made online at www.baycitystrollers.com.au or by phone or directly to a member of the BCS staff
b) Bookings will be confirmed by email or by phone or directly by a member of the BCS staff
c) You must notify BCS if there are any changes to your registration details as completed by you prior to your initial/first booking.
d) You must notify BCS if there are any changes to your medical condition which would alter your original response to your medical questionnaire completed by you prior to your initial/first booking.
7. Alterations and cancellations by BCS
a) Every effort will be made to ensure that your session runs as per the details in your booking. However, BCS reserves the right to vary session details (including time, location, format and instructor) or cancel a session entirely if necessary. Where appropriate, notice of these changes may be made via email, phone or in person.
b) If BCS changes a session location or cancels a session due to bad weather, bad light or unforeseen circumstances, every reasonable effort will be made to inform customers prior to the session.
8. Cancellations by you
If you cancel a booked session, for whatever reason, the following will apply:a) Cancellations up to 60 minutes prior to your session – No charge will be applied.
b) Cancellations after 60 minutes prior to your session – your session will be charged.
c) Cancellations once your session has started – your session will be charged.
Membership cancellations: Memberships can not be cancelled for any reason during the specified minimum membership period unless with the specific written consent of a Bay City Stroller director. Cancellations after this period require 30 days written notice.
Personal Training cancellations: Cancellations for personal training sessions within 24 hours of the sheduled training time will be charged
9. Personal Information
BCS may collect, use and disclose the information provided by you on the terms and for the purposes (including marketing and promotional purposes) set out in BCS’s Privacy Statement.
10. Health and Fitness
You must complete the BCS Medical Questionnaire prior to booking and participating in your initial/first BCS session. You undertake to provide BCS with true and complete information.If you answer yes to any of the questions in this questionnaire BCS reserves the right to reject your application and you will not be permitted to participate in a BCS session without the written consent of your doctor, medical practitioner or therapist.In the event of any change to your health, or condition that would affect your ability to engage in physical activity, or to any answer provided in the questionnaire, you undertake to inform BCS prior to the commencement of a session.
In the event of an emergency or should the need otherwise arise, you give BCS permission to contact your nominated emergency contact, medical practitioner or therapist.
You agree that, when present or participating in a BCS session, you will be careful, both for yourself and others, and you will comply with the safety regulations and instructions of BCS trainers and drivers at all times. If exercising in a public space you will observe all local rules, road rules and local laws. If at any time a BCS trainer or driver considers that you are jeopardising the safety of others, then you may be asked to leave the session and you will not be entitled to a refund or a credit for that session. BCS, at its discretion, may also refuse your participation in future BCS sessions.
12. Child safety
BCS accepts no responsibility for the safety and wellbeing of children during our session. The safety and wellbeing of the child (or children) is solely your responsibility.
You accept that there is a risk (however minimal) of voluntarily involving your child (or children) in this activity and that you involve your child (or children) at their own risk.
13. Acknowledgement and Acceptance of Risk
You acknowledge that participation in physical activity carries with it a risk of injury or damage to personal property and that you voluntarily undertake to participate in a BCS session at your own risk.
You represent and warrant that you have disclosed to us all information about your medical condition and history that you are aware of that relates to your participation in a BCS session. You understand that participation in a BCS session may involve exercise or activity that you should not undertake if you suffer from any medical condition or have a pre-existing injury. You understand that if you are in doubt as to your fitness to carry out physical activity, it is your responsibility to first obtain medical advice or clearance from your doctor, medical practitioner or therapist.
To the extent permitted by law, BCS excludes all implied terms or warranties, whether statutory or otherwise arising from or in connection with these Terms.
Limitation of liability
If BCS fails to provide the services in accordance with these Terms, BCS will, at its discretion, re-supply the services or pay the cost of re-supplying the services.
Exclusion of liabilityTo the extent permitted by law, BCS excludes its liability for any loss (direct or indirect) of any person arising from or in connection with these Terms or participation in, or transport to/from, a BCS session, including, without limitation, any loss (direct or indirect) arising from or in connection with:
- any injury or illness you suffer as a result of any on-going medical condition or a poor standard of health or fitness; or
- any medical condition, injury or illness which you sustain during any session run by Bay City Strollers; or
- any medical condition, injury or illness which your child (or children) sustains during any Bay City Stroller session; or
- any damage to or loss of your personal property during any session run by Bay City Strollers.
Except to the extent of BCS’s, or a BCS employee’s, negligent acts or omissions, you agree to indemnify and hold harmless BCS and all its employees from all loss (direct and indirect) for which BCS or any of its employees may become liable as a result of any claims or actions which you make or which are made on your behalf due to any loss (direct or indirect) that you may suffer as a result of a breach of these Terms or participating in a session run by BCS or relating to any bus transport supplied by BCS.
16. Changes to these Terms and Conditions
BCS reserves the right to change these Terms and Conditions without notice. Once a customer has successfully registered as a client by accepting the Terms and Conditions the responsibility is upon themselves to maintain an awareness of the current Terms and Conditions of BCS. To enable this, the Terms and Conditions will constantly be available from the BCS website.
Please read these terms and conditions carefully. If you have any questions regarding their content, then please seek independent advice or alternatively you can call BCS on 1300 882 129 . You must accept and agree to these terms and conditions before your registration can be confirmed. Failure to do so will result in you not being able to participate in BCS sessions, and your registration will not be processed.
I have read and understood the above and agree to the BCS Terms and Conditions.