TERMS AND CONDITIONS / BOOKING POLICIES
Please read these Terms and Conditions carefully, as they contain important information regarding your legal rights, remedies, and obligations and in using this website you are deemed to have read and agreed to the following Terms and Conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement, Disclaimer Notice and any or all Agreements: “Client”, “Member”, “Visitor”, “You”, and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us” refers to our Company (Power Up International Pty Ltd). “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, either the Client or Ourselves. All terms refer to the offer, acceptance or consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, for the express purpose of meeting the Client’s needs in respect to the Company’s stated services and products, in accordance with and subject to prevailing Australian Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same. The Power Up website allows users to receive information about Power Up, as well as book, cancel, and pay for services and products offered at Power Up facilities. The services offered by Power Up include but are not limited to the www.poweruprevolution.com website, which is hosted in Australia.
COLLECTION OF INFORMATION
We collect personally identifiable information, such as names, postal addresses, email addresses, credit card information when it is voluntarily submitted by our members and/or visitors. It is important for you to protect against unauthorized access to your password and to your computer. If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept sole responsibility for all activities that occur under your account or password. Please be sure to sign off when you are finished using a shared computer. Registration of minors (ages 12-18) must be completed in person at one of our studios with a parent or legal guardian present. In the event that we learn any personal information has been submitted to the website by a child under the age of 13, we will delete that information as quickly as reasonably possible. Power Up does not seek or share personal information from minors through this website.
If you are between the ages of 13 and 18, you may register on our website only with the involvement of a parent or guardian as well as a waiver signed in person at one of our Power Up locations.
Your personally identifiable information is kept secure. Only authorized employees, agents, and contractors who have agreed to keep information secure and confidential have access to this information. All emails and newsletters from this site allow you to opt out of future marketing mailings. We use industry-standard efforts to safeguard the confidentiality of your personal information, including the use of firewalls and secure sockets layer software where appropriate.
Power Up reserves the right to refuse, terminate accounts, remove or edit content, or cancel orders in their sole discretion. When you visit Power Up or send emails to us, you are communicating with us electronically, and therefore consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
CANCELLATION AND BOOKING POLICIES
In order to cancel a Power Up class, you may cancel online or by calling the studio NO LATER THAN 24 hours prior to your scheduled class. Once your class is canceled by this time it will be returned to your account. If you have not canceled your class by the 24 hour window, the online system will not permit you to do so. Cancellations via electronic mail (email), Facebook messenger, Instagram, or text message will not be taken and you will be charged.
You can cancel your reservation in the following ways:
Login to your Power Up account and next to the class you wish to cancel, press “Unreserve”.
If you attempt to cancel past the 24 hour window, a late cancellation fee of $15 will be charged to your account and the class returned. If you do not have a working card on file, your class will be forfeited. If you do not cancel and do not show up to your class, a no-show fee of $22 will be charged to your account and the class returned. If you do not have a working card on file, your class will be forfeited. If you are on an auto debit contract or unlimited package and do not have a working card on file for such fees, your package will be reduced by one day and your auto debit contract will be terminated from renewal.
The no-show and late cancel fees apply to ALL packages equally regardless of unlimited status or special package pricing.
If you book multiple classes or waitlist multiple classes, you are solely responsible for canceling your classes within the bounds of the cancellation policy. Power Up staff cannot be held responsible for accidental bookings by clients or double bookings or double waitlisted classes made by clients. Late cancel and no show fees apply if you do not cancel within the bounds of the cancellation policy for double bookings.
If you add yourself to a waitlist, YOU are solely responsible for managing your bookings and for canceling your classes within the bounds of the cancellation policy. The system will auto-populate clients into class from the waitlist as other clients with confirmed spots cancel and bikes will be assigned as such. Power Up staff cannot move Power Towers for clients in classes that are completely full with wait lists.
Please be aware that we release Power Towers EXACTLY five minutes prior to the start of class to those on the waitlist. If you are running late, please CALL the studio and speak to the front desk to assure we hold your bike. Power Up staff will add walk-in waitlisted clients in the order in which they were added to the waitlist by the computer system, top to bottom, and EXACTLY 5 minutes prior to the start of class. There is no wait list priority given for early arrival. Clients who are already enrolled with a confirmed spot in a waitlisted class will only be permitted to switch bikes AFTER the wait list has been filled.
You MUST SIGN IN next to your name upon arrival. If you do not sign in, we may release your bike to another guest 5 minutes prior to the start of class. DO NOT ASSUME THE FRONT DESK STAFF KNOWS YOU ARE IN ATTENDANCE.
PACKAGE PURCHASES AND CREDIT CARDS ON FILE
By purchasing a package from Power Up, you agree to our terms and conditions in full. Packages cannot be shared between clients. Unlimited and auto debit contract clients are required to keep a credit card on file. If a client holding an unlimited or auto debit package does not keep a card on file, their contract will be terminated and the package will not renew if holding an auto debit package. If a client on an unlimited or auto debit contract either cancels late or does not show to class, and no credit card is on file, the package will be reduced by one day and the auto debit contract suspended.
Specially priced expiring packages may not be extended, transferred, refunded, shared, or frozen. Packages that expire will activate on the first class either booked OR waitlisted. Placing yourself on a waitlist with an expiring package will, in fact, activate your package. Power Up staff will not adjust or extend special packages due to waitlisted classes or accidental bookings through the acts or omissions of clients. The expiration date set on an expiring package is the date on which the package may no longer be used. Clients purchasing expiring packages do so with the understanding of these terms and agree to be bound by such.
Clients may elect to keep a credit card on file using their Power Up account online. By placing a card on file, the cardholder and account holder gives permission to the Power Up staff to charge the card for any auto debit packages and/or cancellation fees accrued in accordance with the Power Up cancellation policy detailed supra.
AUTO DEBIT CONTRACTS
The following terms and conditions apply if you are enrolled in an unlimited auto-debit contract:
I, the Client, authorize Power Up to, on a recurring basis, automatically charge the debit or credit card account I specified, for monthly payments due on my unlimited auto-debit plan associated with my account. I understand that Power Up will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on my auto debit contract and/or in connection with cancellation fees according to the Power Up cancellation policy. Power Up will initiate charges each month on the date my contract is set to renew.
Power Up may discontinue processing of recurring charges if the Company is unable to secure funds from my debit or credit card I have authorized due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information I provided. I understand that the Power Up booking system allows for booking through the week regardless of the renewal date of my contract. I understand that if I am booked in classes past the date of renewal, and my credit or debit card fails to bill properly, I will be removed from any classes past the renewal date and notified via electronic mail. I understand that if I am removed from class due to the circumstances as described, it may not be possible to place me back into the class for which I was originally booked and that I will not be given any priority in wait listed classes. I also understand that it is my responsibility to keep my card on file current and my billing address and zip code accurate. Power Up cannot be held responsible for errors in processing due to expired or inaccurate information.
WHAT TO EXPECT IN CLASSES AT POWER UP
Power Up conducts high intensity, choreographed, cardio classes on the SynergyAIR Power Tower. Please be aware that temperatures may reach 30° in certain classes. Music will be played which may contain explicit language. If you are sensitive to heat or explicit music, please check with our front desk staff to find the right instructor to meet your needs.
WAIVER AND RELEASE
By signing up for and/or attending Power Up classes, activities and other programs, and using Power Up premises, facilities, and equipment (collectively, Classes and Facilities), you hereby agree that there are certain inherent risks and dangers in indoor fitness centres and exercise and in using indoor exercise equipment in association with the Classes and Facilities. In consideration of being allowed to participate in and access the Classes and Facilities provided by Power Up, in addition to the payment of any fee or charge, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities, (2) waive, release and forever discharge Power Up, its officers, agents, members, employees, representatives, and all others from any and all responsibility, claims, rights, causes of action and/or liability from injuries or damages to your person or property resulting from your participation in and use of the Classes and Facilities, and (3) represent you have no medical or physical condition which would prevent you from attending and/or using any of Power Up's Classes and Facilities and/or put you in any physical or medical danger, and have not been instructed by a physician not to do so. Power Up hereby advises you that individuals with any chronic disabilities or conditions are at risk in using Power Up's Classes and Facilities, and are advised against doing so. In addition, if in the opinion of Power Up staff, you would be at physical risk using Power Up Classes and Facilities, you will be denied access to Power Up and its Classes and Facilities until you furnish Power Up with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Power Up concerns, and stating that Power Up concerns are unfounded. If you decline to obtain such a letter, you will not be permitted to use the Classes and Facilities of Power Up. Power Up reserves the right to refuse service at its discretion.
INTELLECTUAL PROPERTY RIGHTS
The “Power Up” icon mark and other graphics, logos, designs, page headers, button icons, scripts are service marks, trademarks, and/or trade dress of Power Up International Pty Ltd and may not be used by you for any other reason other than as expressly permitted by these terms. You have the right to view, electronically copy, and print in hard copy portions of this Website for the sole purpose of making class reservations or other personal use. Any other use of the materials on this Website without the prior written permission of Power Up is strictly prohibited.
IN NO EVENT SHALL POWER UP, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE POWER UP WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT POWER UP SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Choice of Law of this Website, and your use thereof is governed by the laws of Australia and any claim arising from your use of this website must be brought in Australia.
Power Up may revise these terms and conditions by updating this posting. By using this Website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms and Conditions to which you are bound.