TERMS AND CONDITIONS OF USE Version 1.3
Effective Date: 12 December 2025
GymGoer Pty Ltd (ACN 680 858 440)
1. DEFINITIONS
In these Terms and Conditions (“Terms”), unless the context otherwise requires:
• “Application” means the GymGoer mobile platform and associated services;
• “Member” means a registered user of the Application;
• “Participating Venue” means any gym, studio, class provider or recovery or wellness facility that has entered into an agreement with GymGoer to accept Passes, bookings, or redemptions;
• “Class” means a timetabled instructor-led session offered by a Participating Venue (including boutique fitness classes);
• “Class Booking” means a reservation made through the Application to attend a Class;
• “Booking” means a Class Booking or any other reservation-enabled service made through the Application;
• “SMS Verification” means the one-time password and phone verification process used to confirm account access and reduce fraud;
• “Pass” means a time-limited, non-transferable digital entitlement issued through the Application that permits a Member to access a Participating Venue for eligible fitness and/or wellness services, including gym facilities and recovery or wellness services, subject to these Terms and any venue-specific conditions;
• “Services” means all services offered via the Application;
• “Credits” means non-cash account credits issued by GymGoer (including referral rewards or discretionary credits), redeemable only through the Application, subject to the Refund and Cancellation Policy;
• “ACL” means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth);
• “Stripe” means the third-party payment gateway utilised by GymGoer for processing transactions;
• “AppsFlyer” means the third-party mobile attribution and analytics provider integrated into the Application;
• “Tracking Technologies” means cookies, SDKs, pixels, and similar tools used to collect information about device usage, app installs, and referral activity;
• “Wellness Partner” means a Participating Venue that provides wellness or recovery services;
• “Wellness Services” means activities provided by a Wellness Partner that involve exposure to heat, cold, light, or other recovery modalities;
• “Subscribing Gym” means a Participating Venue that operates a gym or fitness facility;
• “Minor Member” means a Member aged 16 or 17 years;
• “Guardian” means a parent or legal guardian of a Minor Member who has legal authority to consent on the Minor Member’s behalf;
• “Guardian Consent” means the verified consent provided by a Guardian through the Application, including submission of identification documents and acceptance of these Terms, the Waiver, and the Privacy Policy;
• “Staffed Hours” means periods during which a Subscribing Gym has staff physically present on site;
2. AGREEMENT
2.1 These Terms govern access to and use of the Application. By using the Application, Members and Participating Venues agree to be bound by these Terms and GymGoer’s Privacy Policy, as amended from time to time.
2.2 GymGoer may amend these Terms at any time. Unless required earlier for legal compliance, safety, security, fraud prevention, or to protect Participating Venues or Members, changes will take effect fourteen (14) days after notice is provided via the Application.
2.3 Continued use of the Application after the effective date of any amended Terms constitutes acceptance. Where a Member is a Minor Member, acceptance must occur in accordance with the Guardian Consent process, and GymGoer may require renewed Guardian Consent where amendments materially affect Member rights, obligations, safety, or risk allocation.
3. REGISTRATION
3.1 A person may become a Member or Participating Venue by creating an account and providing accurate, complete, and up-to-date information, including but not limited to: name, email address, phone number, location, age, identification, and a password.
3.1A Members may be required to complete SMS Verification to create an account, access the Application, or confirm sensitive actions (including bookings, cancellations, purchases, or account changes).
3.1B Members must maintain control of the phone number linked to their account and must not circumvent, interfere with, or misuse SMS Verification. GymGoer may suspend or terminate accounts where it reasonably suspects misuse, fraud, or unauthorised access.
3.2 Registration is available to:
(a) individuals aged 18 years or over who have legal capacity to enter binding legal agreements; and
(b) individuals aged 16 or 17 years, provided that Guardian Consent has been obtained and approved by GymGoer.
3.3 Minor Members may only access Participating Venues during Staffed Hours where applicable and are subject to any additional rules, restrictions, supervision requirements, or refusal of entry imposed by a Participating Venue at its discretion
.3.4 GymGoer reserves the right to approve, reject, suspend, or revoke Minor Member access at any time, including where identification cannot be verified or where safety or legal concerns arise.
3.5 You must not impersonate others or share your account.
3A. MINOR MEMBERS AND GUARDIAN RESPONSIBILITY
3A.1 Where a Member is a Minor Member, the Guardian enters into these Terms as the contracting party on behalf of the Minor Member and accepts full legal responsibility for the Minor Member’s use of the Application and Services.
3A.2 The Guardian warrants that:
(a) they are the lawful parent or legal guardian of the Minor Member;
(b) all information and identification provided is accurate and current; and
(c) they consent to the Minor Member participating in fitness, wellness, and recreational activities.
3A.3 The Guardian agrees to be bound by these Terms, the Waiver, and the Privacy Policy and to indemnify GymGoer in accordance with Clause 11 for any acts or omissions of the Minor Member.
3A.4 Guardian Consent does not guarantee entry to any Participating Venue. Participating Venues retain absolute discretion to refuse entry to Minor Members.
4. OBLIGATIONS OF MEMBERS
4.1 Members must:
(a) Maintain the confidentiality of account credentials;
(b) Use the Application for lawful purposes and as intended;
(c) Not share or transfer their account;
(d) Adhere to the rules and policies of each Participating Venue;
(e) Accept digital waivers and assume responsibility for participation in physical activity;
(f) Not engage in harassing, defamatory, unlawful or disruptive conduct;
(g) Not attempt unauthorised access to systems or data;
(h) Only post content that is accurate, non-misleading, and lawful;
(i) Acknowledge and consent to the collection and use of their data by GymGoer and third-party providers (including AppsFlyer) in accordance with the Privacy Policy.
(j) If the Member is a Minor Member, comply with all Guardian-imposed conditions, Participating Venue rules, supervision requirements, and Staffed Hours restrictions.
(k) Not make any Booking on behalf of another person and not transfer or share any Booking, Pass, QR code, or entry mechanism.
(l) Comply with all Participating Venue rules relating to Bookings, including punctuality, class participation requirements, safety instructions, and hygiene requirements for recovery facilities.
5. OBLIGATIONS OF PARTICIPATING VENUE
5.1 Participating Venues shall:
(a) Be a registered and insured fitness, wellness, or recovery business;
(b) Provide and maintain accurate business and facility details, including details of wellness and recovery services offered (e.g., sauna, ice bath, cryotherapy, red-light therapy);
(c) Honour all confirmed bookings made through the Application;
(d) Accept digital waivers provided via the Application;
(e) Maintain public liability coverage with a minimum of $10 million and professional indemnity insurance with a minimum coverage of $1 million, and provide documentation upon request;
(f) Treat GymGoer Members as regular patrons and not offer lower pricing outside the Application;
(g) Comply with applicable health, safety, and consumer laws, including specific regulations governing heat, cold, and light exposure facilities;
(h) Ensure wellness and recovery equipment is operated, maintained, and sanitised in accordance with industry standards and manufacturer guidelines;
(i) Provide clear safety instructions, warnings, and usage guidelines for all wellness and recovery services prior to Member participation;
(j) Ensure staff are adequately trained to supervise services and respond to adverse health events (including heat exhaustion, hypothermia, fainting, or related incidents);
(k) Comply with all privacy and data protection laws when handling Member data;
(l) Implement reasonable safeguards to protectMember data against unauthorised access, disclosure, or misuse.
(m) promptly notify GymGoer of any Class schedule changes, instructor changes, venue closures, or cancellations that may affect Bookings.
(n) honour confirmed Bookings unless reasonably required to cancel due to safety, venue capacity, instructor unavailability, equipment failure, or circumstances outside reasonable control.
(o) comply with GymGoer’s check-in and Booking verification processes (including QR check-in where applicable).
5.2 GymGoer may terminate gym or wellness partnerships for breach of these obligations or for user complaints that pose a risk to Member safety or legal compliance.
6. LIABILITY WAIVER - FITNESS, CLASSES, WELLNESS, AND RECOVERY SERVICES
6.1 The Member acknowledges that participation in fitness, class-based, wellness, and recovery activities (including but not limited to gym exercise, Classes, studio-based sessions, sauna, ice bath, cryotherapy, red-light therapy, and similar activities) at or through a Participating Venue involves inherent risks of injury, illness, or death.
6.2 GymGoer operates solely as a technology platform facilitating access to Participating Venues and does not provide, operate, control, manage, supervise, instruct, or deliver any fitness, class, wellness, or recovery services. All such services are provided exclusively by Participating Venues.
6.3 To the maximum extent permitted by law, including section 139A of the Competition and Consumer Act 2010 (Cth) and section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic), the Member agrees that GymGoer excludes all liability for death or personal injury suffered by the Member arising from the supply of recreational services by a Participating Venue, except to the extent that such liability cannot lawfully be excluded.
6.4 Each Participating Venue is solely responsible for the safety, condition, operation, supervision, and maintenance of its premises, equipment, staff, instructors, classes, wellness facilities, recovery services, and any related warnings, instructions, or safety information provided to Members.6.5 Where the Member is a Minor Member, the Guardian acknowledges and agrees that:
(a) the Guardian has reviewed and accepted this waiver on behalf of the Minor Member;
(b) the Guardian consents to the Minor Member participating in fitness, class-based, wellness, and recovery activities at Participating Venues;
(c) the Guardian assumes full responsibility for the Minor Member’s participation in all such activities; and
(d) GymGoer does not provide supervision, instruction, monitoring, or oversight of Minor Members, including in relation to Classes or recovery services at any Participating Venue.7. PASSES
7.1 Passes are:
(a) Activated only upon first check-in;
(b) Valid for one entry per calendar day for the relevant duration (e.g., 1-day, 3-day, 7-day, 14-day, 28-day);
(c) Non-transferable, non-pausable, and non-extendable;
(d) Subject to the Participating Venue’s hours of operation, capacity, and entry rules;
(e) Redeemable for fitness facilities and/or Wellness Services offered by participating venues, where available;
(f) Subject to additional conditions imposed by Wellness Partners, including mandatory pre-booking, maximum usage times, supervision requirements, or health eligibility restrictions;
(g) Not a guarantee of access to specific equipment or services at a particular time, as availability may vary;
(h) Revocable at GymGoer’s discretion in cases of misuse, breach of rules, or behaviour that endangers health, safety, or facility operations.
(i) For Minor Members, Passes are valid only during Staffed Hours where applicable and may be subject to additional conditions imposed by Participating Venues, including supervision requirements or age-based restrictions.
(j) A Pass must be activated (first check-in) within thirty (30) days of purchase, otherwise it will expire and become unusable, subject to the ACL and the Refund and Cancellation Policy.(k) Multi-day Passes (including 3-day, 7-day, 14-day, 28-day) run on consecutive calendar days from the date of first check-in (activation) and expire at the end of the final calendar day.
7A. CLASSES AND BOOKINGS
7A.1 The Application may allow Members to make Bookings for Classes or other scheduled services offered by Participating Venues.
7A.2 Bookings are personal, non-transferable, and may only be used by the Member who made the Booking.
7A.3 Participating Venues control capacity, scheduling, instructor allocation, and class participation requirements. Classes may be changed, rescheduled, substituted, or cancelled by Participating Venues.
7A.4 GymGoer does not guarantee that any Class will run as advertised, that a specific instructor will deliver the Class, or that any particular equipment or facility will be available.
7A.5 Where a Class is added or managed manually (including by GymGoer staff based on information provided by a Participating Venue), GymGoer does not warrant the completeness or accuracy of that information and the Participating Venue remains responsible for delivery of the Class.
7A.6 Members must comply with Participating Venue rules for late arrival, participation eligibility, safety requirements, and any refusal of entry.7A.7 Cancellations, late cancellations, no-shows, and any fees or credits (if applicable) are governed by the Refund and Cancellation Policy.
7.2 “Calendar day” refers to the local time at the relevant Participating Venue.
8. PAYMENTS, CANCELLATIONS AND REFUNDS
8.1 All payments are processed through Stripe. Use of the Services constitutes agreement with Stripe’s terms and conditions.
8.2 Prices, cancellations, refunds, credits, late cancellations, no-shows, and expiry rules are governed by the GymGoer Refund and Cancellation Policy, as updated from time to time.
8.3 Nothing in these Terms excludes, restricts, or modifies any rights or remedies available under the ACL that cannot lawfully be excluded.
8.4 Credits issued via the Application are non-refundable and non-redeemable for cash.
9. PRIVACY AND DATA
9.1 GymGoer collects and handles personal information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles, and its Privacy Policy.
9.2 By using the Application, you consent to:
(a) The collection, use, and disclosure of your personal and sensitive information as set out in the Privacy Policy;
(b) The use of third-party analytics and attribution platforms (including AppsFlyer), which may process device identifiers, referral data, purchase event data, and engagement metrics;
(c) Automated decision-making where applicable, limited to fraud prevention, app performance analysis, and user recommendations;
(d) Overseas disclosure of personal information to jurisdictions including the United States, Israel, Singapore, and the European Union;
(e) Storage and processing of your information by third-party service providers.
(f) the collection, storage, and verification of identification documents for Minor Members and their Guardians for age verification, consent, fraud prevention, and legal compliance purposes, in accordance with the Privacy Policy.
(g) receiving transactional communications (including SMS) necessary to operate the Application, verify accounts, prevent fraud, confirm purchases, and manage Bookings.
9.3 Subscribing Gyms must comply with applicable privacy laws when handling Member data.
10. INTELLECTUAL PROPERTY
10.1 All intellectual property in the Application is owned or licensed by GymGoer.
10.2 Users may not reproduce, modify, or distribute content except as authorised by GymGoer.
10.3 By submitting content via the Application, you grant GymGoer a royalty-free, perpetual, worldwide licence to use and adapt such content.
10.4 Subscribing Gyms grant GymGoer a non-exclusive licence to use logos, images, and listings for promotional purposes.
11. INDEMNITY
11.1 You agree to indemnify GymGoer Pty Ltd and its officers, employees, and agents against all claims, losses, liabilities, legal costs and damages arising from:
(a) Your breach of these Terms;
(b) Your use or misuse of the Application or Services;
(c) Any injury or damage caused by your actions at a Participating Venue;
(d) Any claim arising out of your posted content.
(e)Where the Member is a Minor Member, the Guardian’s indemnity under this clause extends to all acts, omissions, injuries, losses, damages, and claims arising from or in connection with the Minor Member’s conduct, participation, or use of the Application or Services.
12. DISPUTE RESOLUTION
12.1 Prior to commencing legal proceedings, parties agree to attempt to resolve disputes by mediation conducted in Melbourne, Victoria.
12.2 If unresolved within two (2) months, either party may commence litigation in the courts of Victoria.
13. TERMINATION
13.1 GymGoer may suspend or terminate access to the Application in the event of a material breach of these Terms, user complaints, or legal risk, including repeated no-shows, repeated late cancellations, suspected fraud, misuse of credits, or misuse of SMS verification.
13.2 Members may terminate their accounts by providing five (5) days’ written notice.
13.3 All accrued obligations and liabilities shall survive termination.
14. GOVERNING LAW AND JURISDICTION
14.1 These Terms are governed by the laws of Victoria, Australia.
14.2 All disputes shall be resolved exclusively in the courts of Victoria.
15. SEVERABILITY
15.1 If any provision of these Terms is held invalid, illegal or unenforceable, the remaining provisions will remain in full force and effect.
16. SERVICE AVAILABILITY16.1 GymGoer does not warrant uninterrupted availability of the Application. Scheduled and unscheduled maintenance may occur.
17. THIRD-PARTY SERVICES
17.1 The Application integrates third-party services including, but not limited to, Stripe (payments) and AppsFlyer (analytics and attribution).
17.2 While GymGoer takes reasonable steps to ensure third-party providers maintain appropriate standards, GymGoer is not responsible for the acts or omissions of such providers.
17.3 Your use of the Application constitutes acknowledgement that your information may be processed by such providers in accordance with their respective terms and privacy policies.
18. NO SUPERVISION OBLIGATION
18.1 GymGoer does not supervise, monitor, or control Member activity at Participating Venues, including for Minor Members.
18.2 Responsibility for supervision of Minor Members rests with the Guardian and the Participating Venue in accordance with their own policies.
19. CONTACT
19.1 All notices and correspondence must be directed
GymGoer Pty Ltd
ACN 680 858 440
Melbourne, Victoria, Australia
