This page sets out the Terms and Conditions of Dockvest Pty Ltd ACN 009 569 911 (trading as Zap Fitness 24/7) and its related companies (collectively, Zap).
Welcome to Zap! To assist us in providing the best fitness experience possible please ensure you read our terms and conditions. We advise you to only sign this membership agreement if you understand and agree to abide by these conditions. The information outlined in these terms and conditions can and will be used in the event of a discrepancy.
(a) An Access Set Up Fee is a one-time charge to cover the third party billing account establishment fee and set up costs of physical access to the gym.
(b) Agreement means this membership agreement made between you and Zap incorporating the documents referred to in clause 2(b).
(c) Billing Account means the bank account or credit card nominated by you to have your direct debit Membership Fees deducted from.
(d) Club means the Zap gym as specified in your Membership Agreement or any such Club that you use.
(e) Club Rules mean the Club rules as amended from time to time and which are displayed at the Club.
(f) DD Membership means a weekly membership, with recurring fortnightly direct debit payments.
(g) DD Membership Fee means the fortnightly fee payable for the DD Membership.
(h) Dishonour Fee means a $10.00 fee.
(i) Home Club Membership means a membership which enables you to access one Zap club only as nominated by you upon commencement of your membership.
(j) Passport Membership means a membership which enables you to access all Zap Clubs excluding Zap Salamanca.
(k) Questionnaire means the pre-workout questionnaire that the member is required to complete prior to using the Club.
(l) Zap means Dockvest Pty Ltd ACN 009 569 911 and includes its agents, representatives, officers, directors, shareholders, successors, assigns, affiliates, subsidiaries and employees.
(m) Member means an individual who has entered into this Agreement with Zap.
(n) Membership Agreement means the form provided to you by Zap requiring you to provide the relevant details to Zap (e.g. name, address, payment card details) relating to your membership.
(o) Membership Fees means the fees that are due and payable by you pursuant to this Agreement.
(p) Minor means members under the age of 16 and under the age of 18.
(q) Paid In Full (PIF) Membership means Members that have paid in advance according to the level of PIF membership as specified in this Agreement.
(r) Payment Agreement means the Agreement between you and us permitting our Third Party Payment Provider to provide the direct debit and credit card payment facilities to you on our behalf in accordance with the Payment Provider’s Direct Debit Request and Services Agreement.
(s) Payment Provider means the payment provider specified from time to time by Zap, which is currently DebitSuccess Limited unless Zap otherwise specifies.
(t) Payment Provider’s Direct Debit Request Service Agreement means the Payment Provider’s service agreement.
(u) Premium Membership means a membership which enables you to access all Zap Clubs including Zap Salamanca.
(v) Policies means the Zap membership policies as amended from time to time, which are located at www.zapfitness.com.au and available at your Club on request.
(w) Privacy Policy means the Zap privacy policy which is available at www.Zap.com.au or by emailing [email protected]
(x) Products means any products that are purchased pursuant to Zap sale of goods terms and conditions.
(y) Staffed Hours means the hours for the Club, which are located at the entrance to the Club or at www.zapfitness.com.au. Zap reserves the right to change the Staffed Hours at any time without notice.
(z) Written Notice means a notice in writing, given in person, by email or post to the parties’ last known address.
(aa) Supply Period: The supply period for a periodic or fixed term agreement is the Minimum Term and is a minimum of two weeks.
(ab) Periodic Agreement: The membership is for the supply of the prescribed goods and services on an ongoing basis and will continue until terminated by you or Goodlife.
(ac)Fixed Term Agreement: The membership is for a fixed term only and if further membership periods are required a new agreement will be required.
(ad) Upfront Membership: The membership is a Fixed Term Agreement paid for in totality upon commencement of the Agreement.
(ae) Account Service Fee is charged to Zap member accounts on a quarterly basis.
(a) Your membership is governed by this Agreement.
(b) This Agreement incorporates these terms, the Membership Agreement, the Policies, the Club Rules and the Privacy Policy.
(c) Accepting this Agreement does not automatically entitle you to a membership as your application may be subject to further review by Zap.
(d) Zap reserves the right, in its reasonable discretion, to amend this Agreement with notice to you.
(e) Zap holds, so far as a provision of this Agreement is for the benefit of a third-party, that provision on trust for the relevant third-party.
We offer a variety of flexible membership options to suit your needs and enable you to workout at a time that suits you in a friendly and relaxed environment conveniently located close to home or work.
Details of all our current membership options are available online at http://www.zapfitness.com.au.
(a) Nature of Membership: Your membership permits you to use Zap’s premises, facilities, equipment and services. Your membership is non-transferable.
(b) Change of Details: You must provide Zap with any changes to your details, which are relevant to your membership in writing.
(d) Your membership gives you automatic access after 24 hours of joining any Zap gym listed.
(a) You agree to pay all Membership Fees as set out in this Agreement and, if paying by direct debit, you also agree to be bound by the direct debit terms and conditions as described in the Payment Agreement and the Payment Provider’s Direct Debit Request Service Agreement.
(b) For a DD Membership you must make your payments on a weekly or fortnightly basis in advance.
(c) For a PIF membership, you must pay your membership in advance as indicated by Zap to you.
(d) Memberships can be suspended for up to 6 weeks per calendar year for the cost of $5 per week
(e) You must provide to Zap, in the form requested by Zap, a Payment Agreement authorising Zap’s Payment Provider to debit the Membership Fee due for each direct debit period from your Billing Account.
(f) Zap will endeavour to contact you by phone, sms or email to inform you of any overdue payments. In the event that Zap cannot contact you, it will provide you with Written Notice of overdue payments.
(g) A Member will be charged a Dishonour Fee in the event that a fortnightly direct debit payment is dishonoured by their financial institution.
(h) A Member will be charged a $15.00 Access Set Up Fee upon joining. Access to Zap gyms is provided by either digital application or by physical fob. If a Member accesses the gym by physical fob, a $30.00 fee will be charged for replacement if a Member damages or loses their fob.
(i) Additional fees (being bank charges or administrative charges) will apply for any overdue or late payments.
(j) If there are repeated failures to meet your payment obligations (other than through the fault of Zap or its Payment Provider), without prejudicing Zap’s rights to recover any overdue payments, your membership may be suspended or terminated by Written Notice to you.
(k) You acknowledge and agree that Zap may change its Payment Provider and that Zap and/or the current Payment Provider (acting on behalf of Zap’s instructions) may, in their sole discretion, assign or novate all existing Payment Agreements to a new payment provider. In the event that Zap or the current Payment Provider (acting on behalf of Zap’s instructions) assigns or novates the existing Payment Agreements to a new payment provider, you consent to Zap or
(l) the current Payment Provider providing your personal information (including, but not limited to your payment details, to its new payment provider) in accordance with this Agreement and Zap’ Privacy Policy. (m) If your membership entitles you to a Discounted Price as indicated in the Fees section of your membership agreement, the Discounted Price will be the price that you will be charged for the duration of payments as indicated by the Discounted Price section. After the specified Discounted Price duration has lapsed, your Fees will revert to the price that is indicated within the Fees section for the remainder of the Minimum Term (if applicable), or ongoing for the remainder the membership, which is subject to change in accordance with the terms of the agreement. (n) Zap reserves the right, at any time, to change the Membership Fees charged to Members for use of the Club facilities subject to any lifetime guarantee on membership price agreed to at the time of entering into the Membership Agreement. Zap agrees to use reasonable endeavours to provide you with Written Notice of the changes. The changes will take effect 30 days after the Written Notice has deemed to be received by you. We deem receipt to have occurred 2 business days after the Written Notice was sent. At the end of the 30-day period, you authorise Zap and/or the Payment Provider to debit the new amount to your account.
This clause outlines the permitted membership access/club entry, equipment usage and program participation provisions for minors. Minors between the ages of 14 to 17 years may be eligible for a membership subject to the age policy from time to time and the following general terms and conditions:
Not all membership tiers are available to minors.
The minor must comply with all safety requirements of the Club as communicated to the member from time to time;
The minor’s membership may be cancelled for any inappropriate behaviour, misuse of equipment or failure to comply with safety requirements; and
The minor must comply with the applicable sections of the age policy.
AGE POLICY
14 years
Membership is permitted only with the consent and signature of the minor’s parent/legal guardian.
The parent/legal guardian assumes legal responsibility for performance of the minor’s obligations under this Agreement.
Access is permitted only during staffed hours and the minor member must be accompanied by their parent, legal guardian, suitably qualified personal trainer or other approved exercise professional.
Access is not permitted during unstaffed hours.
Members in this age group are not eligible to redeem Trial or Guest Passes or similar promotions.
Permitted usage for this age group is as follows and subject always to the above conditions:
Non weight-based group fitness
Cardio equipment
Other equipment prescribed by a medical or exercise professional
15 years
Membership is permitted only with the consent and signature of the minor’s parent or legal guardian.
The parent/legal guardian assumes legal responsibility for performance of the minor’s obligations under this Agreement.
Access is permitted only during staffed hours but the minor member is not required to be accompanied by their parent or legal guardian.
Access is not permitted in unstaffed hours.
Members in this age group are eligible to redeem Trial or Guest Passes or similar promotions provided that their parent or legal guardian attends the Club on first visit and signs as guarantor on waiver.
Permitted usage for this age group is as follows and subject always to the above conditions:
All group fitness classes
All challenges
Weight-based equipment
Cardio equipment
16 and 17 years
Membership is permitted only with the consent and signature of the minor’s parent or legal guardian.
The parent/legal guardian assumes legal responsibility for performance of the minor’s obligations under this Agreement.
Access is permitted during both staffed and unstaffed hours and the minor is not required to be accompanied by their parent or legal guardian.
Members in this age group are eligible to redeem Trial or Guest Passes or similar promotions provided that their parent or legal guardian attends the Club on first visit and signs as guarantor on waiver.
All classes and equipment are available, subject to any medical advice.
(a) Zap only grants Members, unless otherwise specified in this Agreement, access to the Club. Members are not permitted to bring a non-Member into the Club.
(b) If a Member breaches clause 6 (a) of this Agreement, the Member acknowledges that:
(i) they accept responsibility and liability on their personal behalf for any injury, loss or damage attributed to the non-Member whether or not caused through the negligence of Zap;
(ii) the act of bringing a non-Member into the Club constitutes automatic acceptance by the Member of a new membership for the non-Member. Accordingly, an Access Set Up Fee and the DD Membership Fee, will be charged to the Member in the following ways: (1) for a Member who holds a DD Membership, this amount will be deducted from their nominated bank account; and (2) for a Member who holds a PIF Membership, the Member will receive an invoice for this amount;
(iii) payment of the amount in accordance with the clause above will entitle the non-Member to use the Club for one fortnight;
(iv) in order for the non-Member to take advantage of the new membership, they will need to attend the relevant Club and comply with all of the obligations that all new Members are required to comply with pursuant to this Agreement; and
(v) Zap reserves the right to terminate without notice the membership of the Member who brings a non-Member into the Club.
(a) It is a condition of this Agreement that you participate in a scheduled Member orientation program.
(b) The orientation focuses on various aspects of the Club including, but not limited to, Club layout, amenities and entry and exit areas.
(c) Zap may suspend or terminate this Agreement in the event of unsatisfactory completion of the Club orientation prior to the commencement of exercise.
(d) You acknowledge and agree that “Zap” branded clubs may have different equipment and/or a different layout. You acknowledge and represent to Zap that you will seek assistance from Zap personnel before using equipment that is unfamiliar to you.
(a) It is your responsibility not to use any equipment which may adversely affect any medical condition.
(b) You hereby represent to your Club and Zap and their directors, officers, employees, contractors and agents that, to the best of your knowledge, you do not have any physical, medical or other disability or condition which may be affected or aggravated by, or which may result in any sickness, injury or death to you as a result of your use of the Club or its facilities.
(c) If you have any health or medical concerns now or after you join as a Member of the Club, you must discuss them with your doctor before using the equipment or the Club.
(d) You acknowledge that Zap did not give you any medical advice before you used the equipment, and cannot give you any medical advice after you use the equipment.
(a) Contractors and tenants provide some service in Clubs such as personal training, physiotherapy and massage.
(b) You will need to pay service fees directly to them and Zap is not responsible for those fees or for any associated costs of refunds. Any service they provide is a contract between them and you and Zap does not accept any responsibility for a breach of contract or negligence.
(c) If you make a claim because of something a contractor or tenant has or has not done, your claim should be brought against the provider, not Zap.
(d) You release Zap from any claim resulting from any act or omission by a contractor or tenant.
(a) It is a condition of membership with Zap that each Member, prior to using the Club, has to complete the Pre-Workout Questionnaire.
(b) You will not be permitted to use the Club until you have completed the Pre-Workout Questionnaire.
(c) Zap reserves the right to restrict, suspend or terminate your membership if Zap is of the reasonable opinion that you are unfit to utilise the Club on a 24/7 basis. If your membership is restricted or suspended for this reason, your membership will not be reinstated until you provide Zap with a medical certificate confirming that you are fit to train.
(a) For security purposes, Zap uses video and audio surveillance equipment to monitor the Club on a 24-hour basis.
(b) By accepting this Agreement, you acknowledge that by using any “Zap” branded club you will be subject to video and audio surveillance and recording.
(c) Video and audio surveillance is limited to the floor area only, and is not within the walls of the bathrooms or assessment rooms.
(a) You understand and acknowledge that Zap purchases or leases the equipment from a third party and therefore does not manufacture any of the fitness or other equipment used in the Club.
(b) You understand and acknowledge that Zap is providing recreational services and may not be held liable for defective products or equipment.
(a) Zap is not liable to you for any personal property that is damaged, lost, or stolen while on or around the Club including, but not limited to, a vehicle or its contents or any property left in the Club.
(b) If you cause damage to the Club or any equipment you are liable to Zap for its cost of repair or replacement.
(a) Zap is entitled to ask you to agree to exclude, restrict or modify its liability for death or personal injury suffered by you on Club premises, or from the use of our facilities or equipment.
(b) If you accept this Agreement, you agree to restrict the liability of Zap if you are killed or injured, with the result that compensation may not be payable if you or a third party suffers death or personal injury.
(c) Zap may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by accepting this Agreement. Even if you accept this Agreement, you may still have further legal rights against Zap.
(d) A parent or legal guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child’s rights.
SOUTH AUSTRALIA
The following definitions and terms apply to South Australian Memberships only. If Periodic Agreement: the membership will continue until terminated by you or by Zap Fitness. If Fixed Term Agreement: the membership is for a fixed term only and if further membership periods are required a new agreement will be required. Supply Period: the supply period for supply of goods and services is a minimum of 2 weeks. Please cancel any direct debit authorisation for payments under this agreement for: Periodic Agreement: upon termination of the agreement; or Fixed Term Agreement: either at the end of the fixed term or on earlier termination.
Release and Indemnity (Victoria)
(a) Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you:
(i) are rendered with due care and skill; and
(ii) are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
(iii) might reasonably be expected to achieve any result you have made known to the supplier.
(b) Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you accept this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.
(c) You accept that your use of the facilities provided by Zap or at any “Zap” branded club is at your own risk and you acknowledge that the use of the facilities may involve risk or injury, whether caused by you or another party. By accepting this agreement, you agree that Zap will not be liable for any personal injury suffered on club premises, or from using our facilities or equipment. NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
(a) All new memberships are subject to a cooling off period of 10 business days.
(b) A request for termination of membership during the cooling off period must be made by Written Notice unless this Agreement is defined as an unsolicited consumer agreement under the Australian Consumer Law, in which case termination may be written or oral.
(c) For any membership terminated validly during the cooling off period, Zap will refund to you the total of all Membership Fees.
Suspension of payments may be possible under the terms of your Membership Agreement. Payments may be suspended for a minimum of 2 weeks at a time so long as the total time suspended within 12 months of membership commencement does not exceed 6 weeks. In order to suspend payments you should contact the Payment Provider at least 3 days prior to the date of the first suspended payment. There is a charge of $5.00 per week while the Membership Agreement is suspended unless a different fee is specified on the front of this Contract. Any time spent on suspension will be added onto the Minimum Term of the Membership Agreement so that the sum of the instalments payable for the Minimum Term or number of payments shall still be payable regardless of any suspension or suspension charges made.
CANCELLATION / TERMINATION
A cancellation request should be provided to your club as follows: During Cooling Off Period: Your membership is subject to a 10 day cooling off period.
The cooling off period applies to new memberships only and does not apply to membership renewals. The cooling off period starts from the date the agreement is entered into (the date the agreement is signed) and ends at the close of business 10 days later. Your membership can be cancelled during the cooling off period by contacting your home club via the club contact details as listed on the website. All monies paid will be refunded with the exception of the start up fee will be payable by the member if your Zap FOB or any other merchandise you received on joining are not returned. Zap may require an additional payment to recover costs in relation to any fitness services provided to the member within this period.
Permanent Sickness or Physical Incapacity: Zap requires a medical certificate stating that you cannot utilise any fitness services or facilities because of your permanent illness or physical incapacity. Zap may agree to cancel the membership upon payment of a cancellation fee of 10% of the minimum membership fee or $75.00 (whichever is less).
Cancellation for any other reason (within minimum term): You may terminate your membership agreement before the expiry of the minimum term (or payment amount) if all instalments and fees due up to the date of termination are paid and the relevant cancellation fee is paid in full at the time of cancellation request.
12 month membership The cancellation fee, if more than 6 months remaining on the minimum term of the Agreement, is $245 and, if there is less than 6 months remaining on the minimum term of the Agreement, is $195.
18 month membership The cancellation fee, if more than 6 months remaining on the minimum term of the Agreement, is $280 and, if there is less than 6 months remaining on the minimum term of the Agreement, is $195.
Zap requires you to contact our Customer Care Team on 1300 927 348 or email [email protected] on the website advising of your cancellation request.
Cancellations after completion of Minimum Term: Zap requires you to contact our Customer Care Team on 1300 927 348 or email [email protected] on the website advising of your cancellation request. There will be a period of notice of 30 days (or in SA – the specified supply period), unless otherwise specified, from the date of cancellation request to the date of termination, during which any payments that fall due must be paid in full. The notice period will exclude suspension or payment break time applied to your membership. Any instalments/fees due at the date of termination (including instalments/fees which fall due during the notice period) will remain a debt owed to and recoverable by Zap and/or their third-party debt collector .
Membership Transfers Memberships are transferable to non members. A transfer fee of $69 is payable.
Periodic (Ongoing) Membership Agreements After the expiry of the minimum term payments and after all instalments and fees due have been paid in full, should the box on the front of this Agreement requesting termination at minimum term be marked then this Agreement shall automatically terminate.
Should the box on the front of this Agreement requesting termination after the minimum term not be marked, then this Agreement shall continue indefinitely until such time as the Member makes a request, after the expiry of the minimum term for it to terminate. Refer to notice period in section 12.(d).
a) Zap may restrict your membership (including by limiting access to other Zap clubs and/or by limiting access to Staffed Hours) at any time on the following basis: i. concern for the health and/or safety of the Member; or ii. non-compliance, improper or harmful conduct engaged in by the Member.
(b) Zap may terminate your membership at any time on the following basis:
i. you fail to make any payments of your Membership Fees;
ii. Zap reasonably suspects that you are engaging in illegal activity in the Club;
iii. you fail to follow any of the Policies or Club Rules, or violate any part of this Agreement; or iv. your conduct is improper or harmful to the best interest of Zap Members.
(c) In the event that Zap terminates your membership in accordance with clause 18(b), termination will be effective on the date that Zap sends Written Notice. You are liable for all financial obligations until that date. If you are a PIF Member, Zap will not refund any unused portion of your fees.
(d) Upon termination of your membership by Zap, your access to the Club will be deactivated, and Zap has the discretion to deny your access to any Zap club. Any money owing to Zap when your membership ends, remains immediately due and payable and Zap will deduct the amount outstanding from any refund to which you may be eligible. If there is not enough money to cover the amount owing to Zap, you must pay the balance of the amount owing.
(e) Upon termination of your membership by your election, you may continue to access and use the Club for any period that you have paid in advance.
(f) Termination or expiration of this Agreement shall be without prejudice to the rights of each party against the other in respect of anything done or omitted under this Agreement prior to such termination or expiration.
(a) If you terminate the Agreement or stop the automatic debit arrangement in a manner not described in the Agreement, then you may be liable to Zap for any unpaid fees, or fees incurred by Zap.
Zap may assign or novate its rights under this Agreement at any time without prior consent or notice.
(a) Zap warns that whilst you are on our premises using our Club and recreational services, you are at risk of suffering physical harm or personal injury including broken bones, soft tissue injuries, joint injuries, permanent disability or death. These injuries may occur from you:
i. slipping on wet flooring;
ii. being struck by weights;
iii. colliding with equipment, or other Members;
iv. engaging in strenuous exercise and activities; or v. incorrect use of equipment or Club,
b) You acknowledge that any such injury may result not only from your actions but from the action, omission or negligence of others.
c) You acknowledge and agree that the above mentioned injuries and potential causes of injuries are not exhaustive, and there are other unknown or anticipated risks that may result in injury, illness or death.
d) You acknowledge that whilst every attempt is made to ensure that the recreational services and facilities provided by Zap are safe, there are some significant and inherent risks involved, and you agree that you are participating voluntarily at your own risk and responsibility, thereby exposing yourself to certain risks.
The Account Service Fee is charged to Zap accounts on a quarterly basis and includes but is not limited to maintenance of the following services:
Account billing services
Membership Transfer
Membership Portal services
The following changes are to be effective from 6th November 2023
Third Party Payment Provider:
Zap Fitness's Third Party Payment Provider (DebitSuccess/XPLOR) has updated its terms and conditions for Zap Fitness members. Their new terms and conditions are separate to Zap Fitness membership agreement and will no longer appear on Zap Fitness's website. A link to their terms and conditions is provided within Zap Fitness T&Cs and is also available https://debitsuccess.com.au/direct-debit-request/
1. Promoter. Dockvest Pty Ltd ABN 82 009 569 911 (trading as Zap Fitness 24/7) (Zap).
2. Offer Period. From 5:00pm 6 April 2023 to 11:59pm 5 April 2026 AEST.
3. Promotion. The Promoter is conducting a free 1-day pass promotion in all Participating Outlets to allow access for individuals in accordance with these terms and conditions.
4. Redemption. The Promotion can be redeemed in person or online at Participating Outlets.
5. Participating Outlets. The Participating Outlets for this Promotion are all Zap clubs within Australia.
6. Conditions.
The “Free Pass” offer is limited to one Free Pass per person and valid for first time Zap users only who are non-members. The user must live or work in the local area to their chosen Participating Outlet.
Prior to access the Participating Outlet, a Free Pass holder must:
Provide proof of photo identification;
Provide name, age, address and phone number/email address;
Read, understand and agree to any terms of entry and club conduct;
Read, understand and agree to any waiver and indemnity required by the Promoter.
The “Family & Friends Guest Pass” includes basic club access only. It does not include any additional products or services such as personal training or group classes. A “Family & Friends Guest Pass” can only be used in accordance with the Zap’s Age Policy. See zapfitness.com.au/terms for details.
The Free Pass allows access to the selected Participating Outlet during staffed hours only for one day from the date that the Free pass is issued and is only valid for that specific Participating Outlet.
The Free Pass must be activated before the expiry date on the Free Pass or via the redemption card/letter, and once activated is valid from the first visit date of use of the Free Pass. Free Passes that are not activated before the expiry date are void.
Any Free Pass gained under this Promotion cannot be used in conjunction with any other offer, it cannot be redeemed for cash or exchanged.
The Promoter shall not be liable for any claim, loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for personal injury which is suffered or sustained, except for any liability which cannot be excluded by law and the user of the Free Pass indemnifies the Promoter and the Participating Outlet in relation to any claim, loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury which is suffered or sustained.
Users of the Free Pass will be required by Zap to sign a waiver as well as any other documentation that the Promoter may reasonably require prior to accessing the facilities of the Participating Outlet.
Except as set out above, the standard Membership Terms and Conditions for memberships apply. See www.zapfitness.com.au for details.
7. Changes. Zap, in its sole and reasonable discretion, reserves the right to vary the Terms & Conditions of this Promotion at any time.
8. Acceptance. By participating in this Promotion, you understand and accept the Terms & Conditions of this Promotion. You acknowledge and agree that upon purchasing a Membership Package through this Promotion, you will be bound by the Terms and Conditions of Zap, available at: www.zapfitness.com.au/terms.
Promoter. Dockvest Pty Ltd ABN 82 009 569 911 (trading as Zap Fitness).
Offer Period. The promotion is available to individuals who sign up to Zap Fitness during the period from 9:00am 24 October 2024 to 11:59pm 2 December 2024 AEST.
Promotion. Zap Fitness will offer new members a $0 joining fee and six (6) weeks’ Free Time on 12 and 18 Month Membership packages purchased during the Offer Period.
Eligibility: The Promotion will be available to anyone who has not been a member of Zap Fitness for the last 90 days prior to the commencement of the Offer Period.
Redemption. The Promotion can be redeemed in person at the prospective member’s chosen Zap club or online via the Zap Fitness website (https://join.zapfitness.com.au/).
Offer. The Promotion offers the following membership options at any participating outlet which are inclusive of a $0 joining fee and six (6) weeks Free Time:
Passport – this membership option provides a member with access to all clubs nationwide, including 24/7 access.
12 month: $16.99 a week for the membership term (total minimum cost $811.50).
12 month: $14.99 (SOUTH AUSTRALIA ONLY) a week for the membership term (total minimum cost $719.50).
18 month: $12.99 a week for the membership term (total minimum cost $975.22).
Home - this membership option provides a member with access to one (1) club only including 24/7 access to that specific club location.
12 month: $13.99 a week for the membership term (total minimum cost $673.50).
12 month: $12.99 (SOUTH AUSTRALIA ONLY) a week for the membership term (total minimum cost $627.50).
18 month: $9.99 a week for the membership term (total minimum cost $759.22).
Premium - this membership option provides a member with access to Zap Premium in Salamanca
12 month: $18.99 a week for the membership term (total minimum cost $903.50).
18 month: $15.99 a week for the membership term (total minimum cost $1,191.22).
7. Conditions.
"Free Time" refers to the period of free time offered as part of the promotion or membership where full membership and access rights are granted but no payment is required. After the Free Time period the regular weekly instalment and any administration fees or start up products will start to be deducted from the nominated bank account. The Free Time will not form part of the minimum term of the membership on all terms (other than in South Australia on the 12-month membership term).
If the member chooses to accept their Free Time, they agree that the term of their membership shall be extended by the length of the Free Time. The member will still be required to make payments for a period of 12 or 18 months as per their membership term (other than in South Australia on the 12-month membership).
The offer only applies to membership agreements entered into between the outlined promotion dates and cannot be run in conjunction with any other offer including but not limited to corporate discounts.
The new member will be required to complete a 24/7 Induction, waivers and health screening tool prior to their first training session at Zap Fitness. Any minors will be required to have their membership signed by a parent or legal guardian, complete additional waivers & induction, and otherwise comply with the Zap Fitness Age Policy.
Except as set out above, the standard Membership Terms and Conditions for memberships apply. See www.zapfitness.com.au for details.
8. Changes. Zap Fitness, in its sole and reasonable discretion, reserves the right to vary the Terms and Conditions of this promotion at any time.
9. Acceptance. By participating in this Promotion, you understand and accept the Terms & Conditions of this Promotion. You acknowledge and agree that upon purchasing a membership through this Promotion, you will be bound by the Terms and Conditions of Zap Fitness, available at: https://www.zapfitness.com.au/terms/.
Promoter. Dockvest Pty Ltd ABN 009 569 911 (Zap Fitness).
Offer Period. From 9:00am AEST 1 March 2024 to 11:59pm AEST 1 March 2027.
Promotion. Current Zap Fitness members in Queensland, Western Australia, Victoria, South Australia or Tasmania may refer a non-member and receive fourteen (14) days of free membership time if the non-member joins (Offer). A maximum of 42 days free will be available to each participant in the Promotion, which is equivalent to three (3) referral joiners.
Eligibility. The Offer will be available to individuals who have not been members of Zap Fitness for 90 days prior to the commencement date of the Offer Period.
Redemption. The Offer can be redeemed in person at the member’s chosen Zap Fitness Club or by following the online form here.
Conditions. The 14 days free time is added as a payment break in the member’s membership except for South Australia where the 14 days free is included in the minimum term of the membership. Normal membership conditions apply thereafter. The free time will be applied within 60 days. The offer cannot be redeemed in conjunction with any other offer.
Consent. The participant confirms and warrants that they have the consent of the people they are referring to provide their details to the Promoter for the purpose of being contacted by the Promoter in relation to the Promoter’s products and services.
Changes. Zap Fitness reserves the right to vary the Terms & Conditions of this Promotion at any time at their sole discretion.
Acceptance. By participating in this Promotion, you understand and accept the Terms & Conditions of this Promotion. You acknowledge and agree that upon purchasing a Membership Package through this Promotion, you will be bound by the Terms and Conditions of Zap Fitness, available at: https://www.zapfitness.com.au/.
Winner: Parwinder S.
This Schedule sets out the terms and conditions which govern the Zap Fitness October Referral Campaign (Game of Chance). The Schedule must be read together with the Trade Promotion Terms and Conditions of Entry (which follow this Schedule).
Promotion Name | Zap Fitness October Referral Campaign (Promotion). |
Game Type | This is a game of chance based on chance only. Entrants are required to follow the Entry Procedure below to participate in the Competition. Entrants must comply with the below entry terms to be eligible to participate in the competition. |
Promoter | DOCKVEST PTY LTD ABN 82 009 569 911 located at 176 Montague Rd, South Brisbane QLD 4101 (Zap Fitness). |
Relevant State(s) | Queensland, Victoria, South Australia, Tasmania and Western Australia. |
Promotion Period | The Promotion starts at 9:00 am AEST Tuesday 1 October 2024. The Promotion closes at 11:59 pm AEST Thursday 31 October 2024. |
Eligible Persons | The Promotion only applies to existing Zap Fitness members in the Relevant States and new members who were members in the Relevant States within the Promotion Period and cannot be run in conjunction with any other offer (Participants). Participants must be 15 years old or older to be eligible. Participants in the Promotion under 18 years of age must have the consent of a parent or guardian to enter this Promotion. Directors, management, employees, officers, and contractors of the Promoter who are directly involved in the management of the Promotion (and their Immediate Families) or of the agencies or organisations associated with this Promotion are ineligible to enter. Immediate Families means spouse, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the director, manager, employee, officer, or contractor. |
Entry Procedure | There is one (1) method of entry into the competition. Participants must successfully refer one (1) or more individuals to any participating Zap Fitness Club via the Zap Fitness website only (available at https://www.zapfitness.com.au/refer-a-friend/). Successful referral means the referred friend has submitted the referral form with the member’s unique referral link. Once a person has been successfully referred, the member who referred the new member will have successfully entered into the draw. |
Maximum Number of Entries per Entrant | One entry per Eligible Person. |
Results | The winner will be drawn via a random computer generator and contacted via email by 5:00 pm AEST on Wednesday 6th November 2024. The winner’s name will be published on the Zap Fitness website located at https://www.zapfitness.com.au/terms/ by Friday 8th November 2024. |
Prize Details | Participants in this Promotion who successfully refer a minimum of one (1) person to any participating Zap Fitness club will go into the draw to win one (1) x $500 LSKD (https://www.lskd.co/) Gift voucher. There will be one prize available nation-wide. A maximum of one (1) x Prize will be available to be redeemed by the Winner. The total prize value of the Promotion is $500. |
Verification Requirements | The winner will be required to verify their identity and provide proof of age prior to receiving their prize. Identification considered suitable for verification is at the Promoter’s reasonable discretion. |
Prize Restrictions (if any) | A tax invoice or receipt will not be issued to the Winner. The prize is non-transferrable and cannot be exchanged or redeemed for cash. The Winner agrees to make themselves available for publicity opportunities at the discretion of the Promoter after the collection of the Prize. The Prize must be redeemed within three (3) years from the date that it is awarded to each winner. |
Notification of Winners | The winner will be notified via telephone or email no later than 5:00pm AEST on Wednesday 6th November 2024. The Promoter will make all reasonable attempts to contact the winner. |
Prize Claim Date | If after three (3) months since choosing a winner, the Promoter has been unable to contact the winner despite making all reasonable attempts, an alternate winner will be chosen through a redraw in the same manner on 6th February 2025 and published on the website by the 10th of February 2025. The reasonableness of the attempts to contact the winner will be at the discretion of the Promoter. |
Claim Instructions | The Winner will be directly contacted with instructions on how to claim their prize. |
Privacy | By entering the competition, the entrant consents to receipt of any email from the Promoter regarding the competition and the Promoter’s products and services. The collection, use and disclosure of personal information provided in connection with this competition are governed by these Terms and Conditions. If an entrant does not truthfully provide all requested personal information, the Promoter may determine that the entrant is not eligible to win a Prize. The Participant acknowledges and provides their consent for their contact details to be given to the Promoter for the purpose of being contacted by the Promoter in relation to the Promoter’s products and services. |
TRADE PROMOTION TERMS AND CONDITIONS OF ENTRY
1. These Terms and Conditions incorporate and must be read together with the Schedule for the Promotion. The Schedule prevails to the extent of any inconsistencies with these Terms and Conditions. Entry into this Promotion constitutes acceptance of these Terms and Conditions.
2. Promoter: DOCKVEST PTY LTD ABN 82 009 569 911 located at 176 Montague Rd, South Brisbane QLD 4101 (Zap Fitness).
3. Any capitalised terms used in these Terms and Conditions have the meaning given in the Schedule, except where stated otherwise. Unless the contrary intention appears, a reference in these terms to the word “person” includes an individual, a firm, a body corporate, a partnership, a joint venture, an unincorporated body or association, or any government agency or entity.
ELIGIBILITY TO ENTER
4. Entry to the Promotion is open to residents of the Relevant State(s) who are Eligible Persons as described in the Schedule and meet the Entry Restrictions (if any).
ENTRY
5. The Promotion will be conducted during the Promotion Period. To enter the Promotion, entrants must complete the Entry Procedure during the Promotion Period.
6. Entries may only be submitted in accordance with the Entry Procedure and will not be accepted by the Promoter in any other form. Computer generated or other automated entries will not be accepted.
7. All valid entries received during the Promotion Period will be entered in the Promotion, and the prize draw, if the Promotion is a game of chance.
8. Once submitted, Entrants cannot alter or delete their entry.
9. Entrants may enter the Promotion up to the Maximum Number of Entries. Multiple entries (where permitted) must be submitted separately and must each separately meet any product purchase requirement specified in the Entry Procedure (if applicable). Excess entries will be deemed invalid.
10. Entries must be received by the Promoter during the Promotion Period. Email and electronic entries are deemed to have been received at the time of receipt into the Promoter's database and not at the time of transmission by the entrant.
11. If the Promotion involves entry via a website, the cost of accessing the website will be dependent upon the Entrant's individual Internet Service Provider.
12. All Entries (including photographs and videos) become and remain the property of the Promoter upon submission and will not be returned to Entrants.
PROMOTIONS CONDUCTED VIA A SOCIAL NETWORKING SITE
13. If the Promotion is conducted via a social networking site (including but not limited to Facebook and/or Instagram), entrants acknowledge that the Promotion is in no way sponsored, endorsed, or administered by, or associated with the social networking site.
14. Entrants acknowledge that any information they provide in connection with the Promotion is provided to the Promoter and not to the social networking site.
15. Any questions, comments or complaints regarding the Promotion will be directed to the Promoter and not to the social networking site.
16. Entrants release the social networking site and its associated companies from all liability arising in respect of the Promotion, to the extent allowable by law.
ENTRY CONTENT AND VALIDITY
17. Incomplete and illegible entries will be deemed invalid. Entries that breach these Terms and Conditions or any other content guidelines notified by the Promoter during the Promotion Period will also be deemed invalid.
18. Entries submitted by persons who are not Eligible Persons will be deemed invalid. The Promoter may not assess each entry however, winning entries will be scrutinised.
19. If an entry is invalid or if an entrant is unable or refuses to take part in any element of this Promotion, the Promoter reserves the right to discard that entrant’s entry and proceed as if that entrant had not entered the Promotion.
20. If for any reason, the Promoter becomes aware after an entrant has won a prize that the entrant has not complied with these Terms and Conditions or that their entry is otherwise invalid, that entrant will have no entitlement to the prize, even if the Promoter has announced them as a winner and that entrant will be required, at the direction of the Promoter, to return, refund or otherwise make restitution of the prize.
21. Entries must be the entrant’s original work. The Promoter reserves the right to verify, or to require the entrant to verify, that the entry is the entrant’s original work. If an entry cannot be verified to the Promoter’s reasonable satisfaction, the entry will be deemed invalid.
CONSENTS AND PERMISSIONS
22. By entering this Promotion all entrants: (a) consent to the Promoter using and publishing (and authorising others to use and publish) their name, character, likeness, image, voice or anything else that identifies them for the purposes of any promotion or matter incidental to the Promotion, including future similar promotions, and at any time during or after the Promotional Period and via any means (including but not limited to, any national print media, the Promoter's website and any other promotional material); (b) assign (and, if necessary, will in the future assign) all intellectual property rights (including copyright) in their Entry Materials in relation to all media (including but not limited to, the internet) and whether in existence now or created in the future; (c) unconditionally and irrevocably:
(i) consent to any act or omission that would otherwise infringe any of their moral rights in the Entry Materials (as defined in Part IX of the Copyright Act 1968 (Cth)) and present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given;
(ii) waive all moral rights that arise outside Australia; and
(iii) agree not to institute, maintain or support any claim or proceeding for infringement of their moral rights in the Entry Materials; and
(iv) warrant to the Promoter that their entry is the original independent creation of the entrant and free from any claims, including copyright or trademark claims, by other persons.
23. If the Promotion involves the publication of Entry Materials on a website, the Promoter accepts no responsibility or liability where an entrant’s photos, images or other Entry Materials are downloaded from the website by any persons, and for any matters after such download. The Promoter may, in its absolute discretion, edit, modify, delete, remove, or take down any part of an entrant’s entry.
PRIZES - GENERAL
24. If the prize involves a winner meeting or attending a function with a celebrity or other public figure, the Promoter will not be liable for the failure of the winner (and their companion(s), if applicable) to meet that person or failure of that person to attend the function, for whatever reason.
25. The Promoter may, at its discretion, require any person taking, accepting, or participating in any prize to be 18 years or over.
26. The Promoter reserves the right to appoint a chaperone to accompany the participants taking the prize. The participants agree to the chaperone being present with them for the duration of the prize and agree to comply with any reasonable directions or guidelines given to them by the Promoter or their chaperone.
27. The prize must be taken as offered and cannot be varied unless authorised by the Promoter. The prize value includes GST and is in Australian dollars and is correct at the time of printing. The Promoter accepts no responsibility for any variation in prize value.
28. Prizes are not transferable, exchangeable or redeemable for cash. Prizes cannot be sold to a third party including online auctions and private sales. Unused portions of prizes will be forfeited, and no compensation will be paid in lieu of that element of the prize.
29. Subject to the approval process required by any relevant gaming or lotteries authority, if any prize item is unavailable despite the Promoter’s reasonable endeavours to procure within Australia, the Promoter reserves the right to substitute a different prize item of equal or greater value, subject to any written directions from any relevant regulatory, judicial or government authority.
30. Where prizes are lost, stolen, damaged or tampered with, for reasons beyond the control of the Promoter, the Promoter is not liable.
31. Without limiting the above terms and conditions, the Promoter may, at its absolute discretion, substitute cash for any prize (the amount of cash being equal to the prize value specified in the Prize Details).
32. Except to the extent required by any law, including the Australian Consumer Law, the Promoter and its associated companies make no warranties or representations about the fitness for purpose or suitability of any prize and will not accept responsibility for the quality or fitness for any purpose of any prize or the failure of any prize to be of acceptable quality.
33. Prizes and participation in the Promotion are subject to any terms and conditions imposed by the supplier or organiser of the prize, as applicable.
34. These Terms and Conditions do not exclude or limit the application of any statutory provision (including a provision of the Competition and Consumer Act 2010 (Cth) where to do so would contravene that statute or cause any part of these Terms and Conditions to be void.
PRIZES – PROVISIONS RELATING TO TYPES OF PRIZES
35. The prize(s) are specified in the Prize Details. The prize(s) are subject to any restrictions specified in the Schedule. The total prize pool is specified in the Schedule.
36. If a prize includes vouchers, the vouchers are only valid until the voucher expiry date specified on the voucher or by the provider and are subject to any terms and conditions imposed by the provider. Once awarded, the Promoter is not liable for any voucher that has been lost, stolen, forged, damaged, or tampered with in any way.
37. If a prize includes tickets, including tickets to an event, the tickets are only valid for the date or period specified on the tickets or by the provider, and are subject to any terms and conditions imposed by the provider. Once awarded, the Promoter is not liable for any ticket that has been lost, stolen, forged, damaged, or tampered with in any way.
38. If a prize includes travel, the prize must be booked and completed as specified by the Promoter or by the supplier of the prize. If the prize is event based, any travel provided as part of the prize must be taken on the dates specified by the Promoter to coincide with the event. The prize is subject to booking and availability and is subject to any terms and conditions imposed by the relevant providers. All costs associated with a travel prize which are not expressly stated in the Schedule to be included, including additional spending money, passport and visa costs, transfer costs, meals, taxes, insurance, luggage costs and all other ancillary costs, are the responsibility of the winner. The winner and any travelling companion(s) must depart and return at the same time using the same air carrier. The winner and any travelling companion(s) are responsible for ensuring they have all necessary travel insurance (if not included in the prize) and documents to travel to the relevant place(s) (including passports and visas, if required). Any alterations or extensions to confirmed prize details must be approved in advance by the Promoter (at its sole discretion) and will be at the expense of the winner. The Promoter is not responsible for the cancellation, delay or rescheduling of any part of a travel prize and any costs incurred by the winner or any travelling companion(s) as a result (including accommodation costs) will be the responsibility of the winner. The winner is responsible for ensuring that they and their travelling companion(s) are fit to travel and have received appropriate immunisations and/or health checks prior to taking the prize. It is the entrant’s responsibility to check and prepare for travel warnings and any perceived hazards with appropriate authorities, including www.dfat.gov.au. The Promoter is not responsible for any illness, injury or property damage that affects the winner while undertaking the travel prize.
39. If the prize involves a winner attending an event, if any part of the event is abandoned, called off, varied, or postponed for any reason, then at the Promoter’s discretion, the relevant winner (and their companion(s), if applicable) forfeits all rights to attend the relevant event and no cash or alternative tickets will be substituted for that element of the prize. If the event is varied or postponed, the Promoter, where reasonable, will try to vary arrangements to allow the winner (and their companion(s)) to attend the varied or postponed event (unless doing so would involve additional costs to the Promoter).
CLAIMING PRIZES
40. Prizes must be claimed by the Prize Claim Date in accordance with any Claim Instructions set out in the Schedule. If a prize is not accepted by, or failing all reasonable efforts by the Promoter, is not delivered to the prize winner, the relevant winner’s entry will be deemed invalid and the Promoter reserves the right to distribute the unclaimed prizes in accordance with the Unclaimed Prize Arrangements specified in the Schedule, subject to any directions given by any relevant authority. Winners of unclaimed prizes will be notified and have their names and State, or Territory of residence published in accordance with the Unclaimed Prize Arrangements, subject to any directions given by any relevant authority.
CANCELLATION OF COMPETITION
41. If, for any reason, the Promotion or any of the prizes are not capable of being run or offered as planned, including but not limited to, infection by computer virus, bugs, tampering, unauthorised intervention, fraud or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, the Promoter reserves the right in its absolute discretion to take any action that may be available to it. Any actions are subject to State and Territory regulations and may include cancellation, termination, modification, or suspension of the Promotion.
42. The Promoter may also cancel, suspend, or modify the Promotion if the determination of the prize winner or the delivery of the prize is prevented or hindered by any external event beyond the control of the Promoter, including but not limited to, vandalism, power failure, tempest, natural disaster, acts of God, civil unrest, strikes or other industrial action. If the Promotion is not capable of being run as planned, for reasons outlined above, the Promoter will not be liable for any loss or damage of any kind to entrants arising out of any resultant action taken by the Promoter.
PRIVACY AND INFORMATION
43. The Promoter may collect the following personal information provided by entrants when entering or participating in this Promotion (including without limitation in their Entry Materials, transactional information, when you shopped, where you shopped, how you paid and what you purchased, address, phone number, name, age, passport number, drivers licence number, information obtained from any Promotion partners, information you provide when submitting any questions or queries regarding the Promotion) or by entrants doing anything in connection with this Promotion.
44. The Promoter may use your personal information to conduct the Promotion, to ask you questions, to contact you about any matter in connection with the business or the Promotion, to contact entrants if they are winners, to conduct research and marketing activities (including to inform entrants about special offers, marketing, events, promotions, product launches and other special events and discounts from the Promoter such as new products or promotions and to become part of databases maintained by the Promoter or associated entities), to conduct market research (including to improve and help Promoter better tailor its product and service offering , including developing new products, services, promotional offers and shopping opportunities) and to conduct market research and other forms of analysis, unless the entrant opted out of participating in such activities in the section provided on the entry form, and otherwise in accordance with the Promoter’s Privacy Policy. If you provide your email address or mobile phone number, you consent to the Promoter using your email address to email you and/or your mobile telephone number to SMS you for any of the purposes listed above
45. Entrants can advise the Promoter at any time if they no longer wish to participate in any such research and marketing activities. Otherwise, their consent will remain current until specifically withdrawn. The Promoter may disclose entrants' personal information for the above purposes to other companies associated with this Promotion, related bodies corporate of the Promoter, the Promoter's information technology providers and database service providers and other entities which provide research and marketing services to the Promoter.
46. The Promoter may engage other persons or organisations (for example, the Promoter’s suppliers, prize donators, competition and promotion agencies, data mail houses, data processing organisations, marketing researchers, specialist call centres and service providers) to assist the Promoter in carrying out the above purposes. Some of these organisations may be located overseas. Your personal information may be disclosed to such persons or organisations for these purposes and, in providing a service, they may contact you directly. In some circumstances, they may disclose personal information they collected from you to the Promoter or one or more of the purposes already mentioned. The Promoter will hold and use all personal information it collects from third parties about you for the purposes described in this notice.
47. The Promoter may also disclose your personal information as required by law.
48. If entrants do not provide the personal information requested by the Promoter, they may not participate in the Promotion (except where the provision of that information is optional). Winners’ names will be published and retained as required under relevant legislation. An entrant may, at any time, request to access, update or correct any information, or to have their details removed from the Promoter’s database(s) and such request will be considered in accordance with the requirements of the Privacy Act. Such requests should be directed to the Promoter at its address set out in item 2. The Promoter’s Privacy Policy can be viewed at https://www.zapfitness.com.au/policies/.
INDEMNITY AND LIABILITY
49. Unless required by any law, including the Australian Consumer Law, the Promoter, its related bodies corporate and their respective officers and employees, its agents, its contractors, its associated entities and their respective officers will not be liable for any loss (including but not limited to, indirect, special or consequential loss, loss of opportunity or loss of profits), expense, damage, personal injury or death which is suffered or sustained in connection with any part of this Promotion (including entry, collation of entrant details, prize draw and determination of the winner(s)), promotion of this Promotion, use or acceptance of the prize or the prize itself, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum extent allowable by law).
50. If requested by the Promoter, any entrant or winner (and their companion(s), if applicable) (or if an entrant, winner or companion is not an adult, their parent or guardian) must sign an indemnity and exclusion of liability form (provided by the Promoter) in favour of all parties involved in this competition and/or providing the prize prior to undertaking any specified activities forming part of the competition, acceptance or use of the prize or the prize itself. If any entrant, winner, nominated companion or parent/guardian (if applicable) does not sign the indemnity form provided by the Promoter, within the time requested by the Promoter, the relevant entrant’s or winner’s entry or claim will be deemed invalid. Where a winner’s entry or claim is deemed invalid, the prize will be deemed unclaimed, and the Promoter has a right to redraw the prize in accordance with the Unclaimed Prize Arrangements in the Schedule.
51. Without limiting the previous paragraphs, the Promoter, its related bodies corporate, its agents and its associated entities will not be liable for any damage to or delay in transit of prizes.
52. If other entities are conducting the promotion in conjunction with the Promoter, the Promoter is not liable for any error made by the other entity when communicating details of the Promotion, the entry process, the prize draw, the prize, determination of the winner and promoting the Promotion.
FORCE MAJEURE
53. The Promoter shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, epidemic, pandemic such as COVID-19, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation (Force Majeure Event).
54. If the Promotion is impacted by a Force Majeure Event, the Promoter will make reasonable efforts to reschedule the Promotion to a later date. If the Promotion is unable to be rescheduled to a suitable date, the Promoter reserves all rights to cancel the Promotion immediately without prior notice to the public or any Participant.
GENERAL
55. The Promoter reserves the right in its sole discretion to verify the validity of entries and to disqualify any entrant (or voter if applicable) who tampers with the entry (or voting process), or who submits an entry which is not in accordance with these Terms and Conditions, or who the Promoter has reason to believe has breached any of these Terms and Conditions, or has engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
56. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
57. The Promoter accepts no responsibility for any tax implications that may arise from acceptance of the prize winnings. Entrants should seek independent financial advice prior to entering the Promotion.
58. The Promoter may at its absolute discretion prohibit an entrant’s participation in this Promotion, cancel or suspend a prize or cease to provide any prize to a winner if the entrant or winner or any companion(s) are, in the reasonable opinion of the Promoter, under the influence of alcohol or drugs, behaving aggressively, disruptively, or in a manner which may diminish the good name and reputation of the Promoter or its products and brands, or are engaging in conduct that is misleading, deceptive, contrary to law or is otherwise inappropriate.
59. The Promoter's decisions in connection with the Promotion are final and no correspondence will be entered into.
60. No responsibility will be taken for unsuitable, lost, deleted, late or misdirected entries. The Promoter is not responsible for technical difficulties with the entry mechanism and does not warrant that the entry mechanism will be available at all times.
61. Entries which are to be published on a website will be subject to a moderation process before being visible on the website.
62. The Promoter may require the winner(s) to provide identification as requested by the Promoter including but not limited to, proof of identity, age, residency, employment, supply to the Promoter or engagement by the Promoter. Identification considered suitable for verification is at the Promoter’s reasonable discretion.
63. Entrants acknowledge that there may be inherent risks in some aspects of the Promotion or the prize and that participation in the Promotion or the prize may involve participating in dangerous activities. By entering this Promotion and/or accepting the prize, entrants accept that risk for themselves and for their companion(s) (if applicable).
64. In order to participate in this Promotion and/or the activities which may be awarded as part of the prize, the winner (and their companion(s), if applicable) must comply with applicable health, fitness, skill, balance, dexterity and any other requirements normally associated with the activity. It is the entrant’s responsibility to ensure that they (and their companion(s), if applicable) are sufficiently healthy and fit to safely participate in this promotion and/or undertake the activities awarded as part of the prize. The entrant or winner must comply with all requirements and directions of the people responsible for the conduct of the relevant activity and must ensure that their companion(s) also comply (if applicable). If the Promoter reasonably believes that the entrant, winner, or their companion(s) will not be able to comply with such requirements, the Promoter may deem the entrant, winner, or their companion(s) not sufficiently healthy or fit to participate in the Promotion.
Winner: Logan S.
This Schedule sets out the terms and conditions which govern the Zap Fitness October Referral Join Offer (Game of Chance). The Schedule must be read together with the Trade Promotion Terms and Conditions of Entry (which follow this Schedule).
Promotion Name | Zap Fitness October Referral Join Offer (Promotion). |
Game Type | This is a game of chance based on chance only. Entrants are required to follow the Entry Procedure below to participate in the Competition. Entrants must comply with the below entry terms to be eligible to participate in the competition. |
Promoter | DOCKVEST PTY LTD ABN 82 009 569 911 located at 176 Montague Rd, South Brisbane QLD 4101 (Zap Fitness). |
Relevant State(s) | Queensland, Victoria, South Australia, Tasmania and Western Australia. |
Promotion Period | The Promotion starts at 9:00 am AEST Tuesday 1 October 2024. The Promotion closes at 11:59 pm AEST Thursday 31 October 2024. |
Eligible Persons | The Promotion only applies to new Zap Fitness members in the Relevant States and new members who join in the Relevant States within the Promotion Period and cannot be run in conjunction with any other offer (Participants). Participants must be 15 years old or older to be eligible. Participants in the Promotion under 18 years of age must have the consent of a parent or guardian to enter this Promotion. Directors, management, employees, officers, and contractors of the Promoter who are directly involved in the management of the Promotion (and their Immediate Families) or of the agencies or organisations associated with this Promotion are ineligible to enter. Immediate Families means spouse, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the director, manager, employee, officer, or contractor. |
Entry Procedure | There is one (1) method of entry into the competition. Prospective members must be referred to purchase a Zap Fitness membership package by a current Zap Fitness member through Zap Fitness’ website (available at https://www.zapfitness.com.au/refer-a-friend/). Once the prospective member has purchased a membership with Zap Fitness during the Promotion Period after being referred, they will be successfully entered into the draw. |
Maximum Number of Entries per Entrant | One entry per Eligible Person. |
Results | The winner will be drawn via a random computer generator and contacted via email by 5:00 pm AEST on Wednesday 6th November 2024. The winner’s name will be published on the Zap Fitness website located at https://www.zapfitness.com.au/terms/ by Friday 8th November 2024. |
Prize Details | Participants in this Promotion who successfully refer a minimum of one (1) person to any participating Zap Fitness club will go into the draw to win one (1) x $500 LSKD (https://www.lskd.co/) Gift voucher. There will be one prize available nation-wide. A maximum of one (1) x Prize will be available to be redeemed by the Winner. The total prize value of the Promotion is $500. |
Verification Requirements | The winner will be required to verify their identity and provide proof of age prior to receiving their prize. Identification considered suitable for verification is at the Promoter’s reasonable discretion. |
Prize Restrictions (if any) | A tax invoice or receipt will not be issued to the Winner. The prize is non-transferrable and cannot be exchanged or redeemed for cash. The Winner agrees to make themselves available for publicity opportunities at the discretion of the Promoter after the collection of the Prize. The Prize must be redeemed within three (3) years from the date that it is awarded to each winner. |
Notification of Winners | The winner will be notified via telephone or email no later than 5:00pm AEST on Wednesday 6th November 2024. The Promoter will make all reasonable attempts to contact the winner. |
Prize Claim Date | If after three (3) months since choosing a winner, the Promoter has been unable to contact the winner despite making all reasonable attempts, an alternate winner will be chosen through a redraw in the same manner on 6th February 2025 and published on the website by the 10th of February 2025. The reasonableness of the attempts to contact the winner will be at the discretion of the Promoter. |
Claim Instructions | The Winner will be directly contacted with instructions on how to claim their prize. |
Privacy | By entering the competition, the entrant consents to receipt of any email from the Promoter regarding the competition and the Promoter’s products and services. The collection, use and disclosure of personal information provided in connection with this competition are governed by these Terms and Conditions. If an entrant does not truthfully provide all requested personal information, the Promoter may determine that the entrant is not eligible to win a Prize. The Participant acknowledges and provides their consent for their contact details to be given to the Promoter for the purpose of being contacted by the Promoter in relation to the Promoter’s products and services. |
TRADE PROMOTION TERMS AND CONDITIONS OF ENTRY
1. These Terms and Conditions incorporate and must be read together with the Schedule for the Promotion. The Schedule prevails to the extent of any inconsistencies with these Terms and Conditions. Entry into this Promotion constitutes acceptance of these Terms and Conditions.
2. Promoter: DOCKVEST PTY LTD ABN 82 009 569 911 located at 176 Montague Rd, South Brisbane QLD 4101 (Zap Fitness).
3. Any capitalised terms used in these Terms and Conditions have the meaning given in the Schedule, except where stated otherwise. Unless the contrary intention appears, a reference in these terms to the word “person” includes an individual, a firm, a body corporate, a partnership, a joint venture, an unincorporated body or association, or any government agency or entity.
ELIGIBILITY TO ENTER
4. Entry to the Promotion is open to residents of the Relevant State(s) who are Eligible Persons as described in the Schedule and meet the Entry Restrictions (if any).
ENTRY
5. The Promotion will be conducted during the Promotion Period. To enter the Promotion, entrants must complete the Entry Procedure during the Promotion Period.
6. Entries may only be submitted in accordance with the Entry Procedure and will not be accepted by the Promoter in any other form. Computer generated or other automated entries will not be accepted.
7. All valid entries received during the Promotion Period will be entered in the Promotion, and the prize draw, if the Promotion is a game of chance.
8. Once submitted, Entrants cannot alter or delete their entry.
9. Entrants may enter the Promotion up to the Maximum Number of Entries. Multiple entries (where permitted) must be submitted separately and must each separately meet any product purchase requirement specified in the Entry Procedure (if applicable). Excess entries will be deemed invalid.
10. Entries must be received by the Promoter during the Promotion Period. Email and electronic entries are deemed to have been received at the time of receipt into the Promoter's database and not at the time of transmission by the entrant.
11. If the Promotion involves entry via a website, the cost of accessing the website will be dependent upon the Entrant's individual Internet Service Provider.
12. All Entries (including photographs and videos) become and remain the property of the Promoter upon submission and will not be returned to Entrants.
PROMOTIONS CONDUCTED VIA A SOCIAL NETWORKING SITE
13. If the Promotion is conducted via a social networking site (including but not limited to Facebook and/or Instagram), entrants acknowledge that the Promotion is in no way sponsored, endorsed, or administered by, or associated with the social networking site.
14. Entrants acknowledge that any information they provide in connection with the Promotion is provided to the Promoter and not to the social networking site.
15. Any questions, comments or complaints regarding the Promotion will be directed to the Promoter and not to the social networking site.
16. Entrants release the social networking site and its associated companies from all liability arising in respect of the Promotion, to the extent allowable by law.
ENTRY CONTENT AND VALIDITY
17. Incomplete and illegible entries will be deemed invalid. Entries that breach these Terms and Conditions or any other content guidelines notified by the Promoter during the Promotion Period will also be deemed invalid.
18. Entries submitted by persons who are not Eligible Persons will be deemed invalid. The Promoter may not assess each entry however, winning entries will be scrutinised.
19. If an entry is invalid or if an entrant is unable or refuses to take part in any element of this Promotion, the Promoter reserves the right to discard that entrant’s entry and proceed as if that entrant had not entered the Promotion.
20. If for any reason, the Promoter becomes aware after an entrant has won a prize that the entrant has not complied with these Terms and Conditions or that their entry is otherwise invalid, that entrant will have no entitlement to the prize, even if the Promoter has announced them as a winner and that entrant will be required, at the direction of the Promoter, to return, refund or otherwise make restitution of the prize.
21. Entries must be the entrant’s original work. The Promoter reserves the right to verify, or to require the entrant to verify, that the entry is the entrant’s original work. If an entry cannot be verified to the Promoter’s reasonable satisfaction, the entry will be deemed invalid.
CONSENTS AND PERMISSIONS
22. By entering this Promotion all entrants: (a) consent to the Promoter using and publishing (and authorising others to use and publish) their name, character, likeness, image, voice or anything else that identifies them for the purposes of any promotion or matter incidental to the Promotion, including future similar promotions, and at any time during or after the Promotional Period and via any means (including but not limited to, any national print media, the Promoter's website and any other promotional material); (b) assign (and, if necessary, will in the future assign) all intellectual property rights (including copyright) in their Entry Materials in relation to all media (including but not limited to, the internet) and whether in existence now or created in the future; (c) unconditionally and irrevocably:
(i) consent to any act or omission that would otherwise infringe any of their moral rights in the Entry Materials (as defined in Part IX of the Copyright Act 1968 (Cth)) and present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given;
(ii) waive all moral rights that arise outside Australia; and
(iii) agree not to institute, maintain or support any claim or proceeding for infringement of their moral rights in the Entry Materials; and
(iv) warrant to the Promoter that their entry is the original independent creation of the entrant and free from any claims, including copyright or trademark claims, by other persons.
23. If the Promotion involves the publication of Entry Materials on a website, the Promoter accepts no responsibility or liability where an entrant’s photos, images or other Entry Materials are downloaded from the website by any persons, and for any matters after such download. The Promoter may, in its absolute discretion, edit, modify, delete, remove, or take down any part of an entrant’s entry.
PRIZES - GENERAL
24. If the prize involves a winner meeting or attending a function with a celebrity or other public figure, the Promoter will not be liable for the failure of the winner (and their companion(s), if applicable) to meet that person or failure of that person to attend the function, for whatever reason.
25. The Promoter may, at its discretion, require any person taking, accepting, or participating in any prize to be 18 years or over.
26. The Promoter reserves the right to appoint a chaperone to accompany the participants taking the prize. The participants agree to the chaperone being present with them for the duration of the prize and agree to comply with any reasonable directions or guidelines given to them by the Promoter or their chaperone.
27. The prize must be taken as offered and cannot be varied unless authorised by the Promoter. The prize value includes GST and is in Australian dollars and is correct at the time of printing. The Promoter accepts no responsibility for any variation in prize value.
28. Prizes are not transferable, exchangeable or redeemable for cash. Prizes cannot be sold to a third party including online auctions and private sales. Unused portions of prizes will be forfeited, and no compensation will be paid in lieu of that element of the prize.
29. Subject to the approval process required by any relevant gaming or lotteries authority, if any prize item is unavailable despite the Promoter’s reasonable endeavours to procure within Australia, the Promoter reserves the right to substitute a different prize item of equal or greater value, subject to any written directions from any relevant regulatory, judicial or government authority.
30. Where prizes are lost, stolen, damaged or tampered with, for reasons beyond the control of the Promoter, the Promoter is not liable.
31. Without limiting the above terms and conditions, the Promoter may, at its absolute discretion, substitute cash for any prize (the amount of cash being equal to the prize value specified in the Prize Details).
32. Except to the extent required by any law, including the Australian Consumer Law, the Promoter and its associated companies make no warranties or representations about the fitness for purpose or suitability of any prize and will not accept responsibility for the quality or fitness for any purpose of any prize or the failure of any prize to be of acceptable quality.
33. Prizes and participation in the Promotion are subject to any terms and conditions imposed by the supplier or organiser of the prize, as applicable.
34. These Terms and Conditions do not exclude or limit the application of any statutory provision (including a provision of the Competition and Consumer Act 2010 (Cth) where to do so would contravene that statute or cause any part of these Terms and Conditions to be void.
PRIZES – PROVISIONS RELATING TO TYPES OF PRIZES
35. The prize(s) are specified in the Prize Details. The prize(s) are subject to any restrictions specified in the Schedule. The total prize pool is specified in the Schedule.
36. If a prize includes vouchers, the vouchers are only valid until the voucher expiry date specified on the voucher or by the provider and are subject to any terms and conditions imposed by the provider. Once awarded, the Promoter is not liable for any voucher that has been lost, stolen, forged, damaged, or tampered with in any way.
37. If a prize includes tickets, including tickets to an event, the tickets are only valid for the date or period specified on the tickets or by the provider, and are subject to any terms and conditions imposed by the provider. Once awarded, the Promoter is not liable for any ticket that has been lost, stolen, forged, damaged, or tampered with in any way.
38. If a prize includes travel, the prize must be booked and completed as specified by the Promoter or by the supplier of the prize. If the prize is event based, any travel provided as part of the prize must be taken on the dates specified by the Promoter to coincide with the event. The prize is subject to booking and availability and is subject to any terms and conditions imposed by the relevant providers. All costs associated with a travel prize which are not expressly stated in the Schedule to be included, including additional spending money, passport and visa costs, transfer costs, meals, taxes, insurance, luggage costs and all other ancillary costs, are the responsibility of the winner. The winner and any travelling companion(s) must depart and return at the same time using the same air carrier. The winner and any travelling companion(s) are responsible for ensuring they have all necessary travel insurance (if not included in the prize) and documents to travel to the relevant place(s) (including passports and visas, if required). Any alterations or extensions to confirmed prize details must be approved in advance by the Promoter (at its sole discretion) and will be at the expense of the winner. The Promoter is not responsible for the cancellation, delay or rescheduling of any part of a travel prize and any costs incurred by the winner or any travelling companion(s) as a result (including accommodation costs) will be the responsibility of the winner. The winner is responsible for ensuring that they and their travelling companion(s) are fit to travel and have received appropriate immunisations and/or health checks prior to taking the prize. It is the entrant’s responsibility to check and prepare for travel warnings and any perceived hazards with appropriate authorities, including www.dfat.gov.au. The Promoter is not responsible for any illness, injury or property damage that affects the winner while undertaking the travel prize.
39. If the prize involves a winner attending an event, if any part of the event is abandoned, called off, varied, or postponed for any reason, then at the Promoter’s discretion, the relevant winner (and their companion(s), if applicable) forfeits all rights to attend the relevant event and no cash or alternative tickets will be substituted for that element of the prize. If the event is varied or postponed, the Promoter, where reasonable, will try to vary arrangements to allow the winner (and their companion(s)) to attend the varied or postponed event (unless doing so would involve additional costs to the Promoter).
CLAIMING PRIZES
40. Prizes must be claimed by the Prize Claim Date in accordance with any Claim Instructions set out in the Schedule. If a prize is not accepted by, or failing all reasonable efforts by the Promoter, is not delivered to the prize winner, the relevant winner’s entry will be deemed invalid and the Promoter reserves the right to distribute the unclaimed prizes in accordance with the Unclaimed Prize Arrangements specified in the Schedule, subject to any directions given by any relevant authority. Winners of unclaimed prizes will be notified and have their names and State, or Territory of residence published in accordance with the Unclaimed Prize Arrangements, subject to any directions given by any relevant authority.
CANCELLATION OF COMPETITION
41. If, for any reason, the Promotion or any of the prizes are not capable of being run or offered as planned, including but not limited to, infection by computer virus, bugs, tampering, unauthorised intervention, fraud or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, the Promoter reserves the right in its absolute discretion to take any action that may be available to it. Any actions are subject to State and Territory regulations and may include cancellation, termination, modification, or suspension of the Promotion.
42. The Promoter may also cancel, suspend, or modify the Promotion if the determination of the prize winner or the delivery of the prize is prevented or hindered by any external event beyond the control of the Promoter, including but not limited to, vandalism, power failure, tempest, natural disaster, acts of God, civil unrest, strikes or other industrial action. If the Promotion is not capable of being run as planned, for reasons outlined above, the Promoter will not be liable for any loss or damage of any kind to entrants arising out of any resultant action taken by the Promoter.
PRIVACY AND INFORMATION
43. The Promoter may collect the following personal information provided by entrants when entering or participating in this Promotion (including without limitation in their Entry Materials, transactional information, when you shopped, where you shopped, how you paid and what you purchased, address, phone number, name, age, passport number, drivers licence number, information obtained from any Promotion partners, information you provide when submitting any questions or queries regarding the Promotion) or by entrants doing anything in connection with this Promotion.
44. The Promoter may use your personal information to conduct the Promotion, to ask you questions, to contact you about any matter in connection with the business or the Promotion, to contact entrants if they are winners, to conduct research and marketing activities (including to inform entrants about special offers, marketing, events, promotions, product launches and other special events and discounts from the Promoter such as new products or promotions and to become part of databases maintained by the Promoter or associated entities), to conduct market research (including to improve and help Promoter better tailor its product and service offering , including developing new products, services, promotional offers and shopping opportunities) and to conduct market research and other forms of analysis, unless the entrant opted out of participating in such activities in the section provided on the entry form, and otherwise in accordance with the Promoter’s Privacy Policy. If you provide your email address or mobile phone number, you consent to the Promoter using your email address to email you and/or your mobile telephone number to SMS you for any of the purposes listed above
45. Entrants can advise the Promoter at any time if they no longer wish to participate in any such research and marketing activities. Otherwise, their consent will remain current until specifically withdrawn. The Promoter may disclose entrants' personal information for the above purposes to other companies associated with this Promotion, related bodies corporate of the Promoter, the Promoter's information technology providers and database service providers and other entities which provide research and marketing services to the Promoter.
46. The Promoter may engage other persons or organisations (for example, the Promoter’s suppliers, prize donators, competition and promotion agencies, data mail houses, data processing organisations, marketing researchers, specialist call centres and service providers) to assist the Promoter in carrying out the above purposes. Some of these organisations may be located overseas. Your personal information may be disclosed to such persons or organisations for these purposes and, in providing a service, they may contact you directly. In some circumstances, they may disclose personal information they collected from you to the Promoter or one or more of the purposes already mentioned. The Promoter will hold and use all personal information it collects from third parties about you for the purposes described in this notice.
47. The Promoter may also disclose your personal information as required by law.
48. If entrants do not provide the personal information requested by the Promoter, they may not participate in the Promotion (except where the provision of that information is optional). Winners’ names will be published and retained as required under relevant legislation. An entrant may, at any time, request to access, update or correct any information, or to have their details removed from the Promoter’s database(s) and such request will be considered in accordance with the requirements of the Privacy Act. Such requests should be directed to the Promoter at its address set out in item 2. The Promoter’s Privacy Policy can be viewed at https://www.zapfitness.com.au/policies/.
INDEMNITY AND LIABILITY
49. Unless required by any law, including the Australian Consumer Law, the Promoter, its related bodies corporate and their respective officers and employees, its agents, its contractors, its associated entities and their respective officers will not be liable for any loss (including but not limited to, indirect, special or consequential loss, loss of opportunity or loss of profits), expense, damage, personal injury or death which is suffered or sustained in connection with any part of this Promotion (including entry, collation of entrant details, prize draw and determination of the winner(s)), promotion of this Promotion, use or acceptance of the prize or the prize itself, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum extent allowable by law).
50. If requested by the Promoter, any entrant or winner (and their companion(s), if applicable) (or if an entrant, winner or companion is not an adult, their parent or guardian) must sign an indemnity and exclusion of liability form (provided by the Promoter) in favour of all parties involved in this competition and/or providing the prize prior to undertaking any specified activities forming part of the competition, acceptance or use of the prize or the prize itself. If any entrant, winner, nominated companion or parent/guardian (if applicable) does not sign the indemnity form provided by the Promoter, within the time requested by the Promoter, the relevant entrant’s or winner’s entry or claim will be deemed invalid. Where a winner’s entry or claim is deemed invalid, the prize will be deemed unclaimed, and the Promoter has a right to redraw the prize in accordance with the Unclaimed Prize Arrangements in the Schedule.
51. Without limiting the previous paragraphs, the Promoter, its related bodies corporate, its agents and its associated entities will not be liable for any damage to or delay in transit of prizes.
52. If other entities are conducting the promotion in conjunction with the Promoter, the Promoter is not liable for any error made by the other entity when communicating details of the Promotion, the entry process, the prize draw, the prize, determination of the winner and promoting the Promotion.
FORCE MAJEURE
53. The Promoter shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, epidemic, pandemic such as COVID-19, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation (Force Majeure Event).
54. If the Promotion is impacted by a Force Majeure Event, the Promoter will make reasonable efforts to reschedule the Promotion to a later date. If the Promotion is unable to be rescheduled to a suitable date, the Promoter reserves all rights to cancel the Promotion immediately without prior notice to the public or any Participant.
GENERAL
55. The Promoter reserves the right in its sole discretion to verify the validity of entries and to disqualify any entrant (or voter if applicable) who tampers with the entry (or voting process), or who submits an entry which is not in accordance with these Terms and Conditions, or who the Promoter has reason to believe has breached any of these Terms and Conditions, or has engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
56. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
57. The Promoter accepts no responsibility for any tax implications that may arise from acceptance of the prize winnings. Entrants should seek independent financial advice prior to entering the Promotion.
58. The Promoter may at its absolute discretion prohibit an entrant’s participation in this Promotion, cancel or suspend a prize or cease to provide any prize to a winner if the entrant or winner or any companion(s) are, in the reasonable opinion of the Promoter, under the influence of alcohol or drugs, behaving aggressively, disruptively, or in a manner which may diminish the good name and reputation of the Promoter or its products and brands, or are engaging in conduct that is misleading, deceptive, contrary to law or is otherwise inappropriate.
59. The Promoter's decisions in connection with the Promotion are final and no correspondence will be entered into.
60. No responsibility will be taken for unsuitable, lost, deleted, late or misdirected entries. The Promoter is not responsible for technical difficulties with the entry mechanism and does not warrant that the entry mechanism will be available at all times.
61. Entries which are to be published on a website will be subject to a moderation process before being visible on the website.
62. The Promoter may require the winner(s) to provide identification as requested by the Promoter including but not limited to, proof of identity, age, residency, employment, supply to the Promoter or engagement by the Promoter. Identification considered suitable for verification is at the Promoter’s reasonable discretion.
63. Entrants acknowledge that there may be inherent risks in some aspects of the Promotion or the prize and that participation in the Promotion or the prize may involve participating in dangerous activities. By entering this Promotion and/or accepting the prize, entrants accept that risk for themselves and for their companion(s) (if applicable).
64. In order to participate in this Promotion and/or the activities which may be awarded as part of the prize, the winner (and their companion(s), if applicable) must comply with applicable health, fitness, skill, balance, dexterity and any other requirements normally associated with the activity. It is the entrant’s responsibility to ensure that they (and their companion(s), if applicable) are sufficiently healthy and fit to safely participate in this promotion and/or undertake the activities awarded as part of the prize. The entrant or winner must comply with all requirements and directions of the people responsible for the conduct of the relevant activity and must ensure that their companion(s) also comply (if applicable). If the Promoter reasonably believes that the entrant, winner, or their companion(s) will not be able to comply with such requirements, the Promoter may deem the entrant, winner, or their companion(s) not sufficiently healthy or fit to participate in the Promotion.
Dockvest Pty Ltd ACN 009 569 911 (trading as Zap Fitness) (“the Promoter”) is conducting the promotion in selected Zap Fitness clubs in TASMANIA, SOUTH AUSTRALIA and VICTORIA ("Participating Outlets").
Zap Fitness is offering 2 x 30 minute sessions with a Zap Fitness Personal Trainer for $39 for new Zap Fitness members ("PT Intro Pack"). Limit of one PT Intro Pack redeemable per Zap Fitness member.
PT Intro Pack is available to individuals who have not been members of Zap Fitness for 90 days prior to the commencement date of the Offer Period. PT Intro Pack is not available to existing customers of a Zap Fitness Personal Trainer.
PT Intro Pack can be redeemed in person at available Zap Fitness clubs currently offering the PT Intro Pack.
The first session will include a health and fitness consultation to get an overview of the member's fitness goals. The member must ensure that the first session occurs within 7-days of purchase. The member must ensure that the second session occurs within 30-days of purchase. After 30 days, the sessions expire. Sessions are subject to Zap Fitness Personal Trainer’s availability. Zap Fitness will in their sole discretion nominate a suitably qualified personal trainer to conduct the sessions, and this may change in the event the nominated Zap Fitness Personal Trainer is not available. Booked sessions cannot be cancelled or rescheduled, unless at least 24 hours prior notice is given directly to the Zap Fitness Personal Trainer via their phone or email address. Failure to give at least 24 hours notice of non-attendance to the Zap Fitness Personal Trainer means that your session will be forfeited. Unless the law provides otherwise, you will not be entitled to a refund for The PT Intro Pack. It may be transferred to any eligible member subject to Zap Fitness consent which they can withhold in their sole discretion, acting reasonably. Except for any liability which cannot be excluded by law, Zap Fitness shall not be liable for any claim, loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for personal injury which is suffered or sustained,and the member indemnifies Zap Fitness in relation to any claim, loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury which is suffered or sustained.
Zap Fitness reserves the right to vary the Terms & Conditions of this Promotion at any time at their sole discretion.
By participating in this Promotion, you understand and accept the Terms & Conditions of this Promotion. You acknowledge and agree that upon purchasing a Membership Package through this Promotion, you will be bound by the Terms and Conditions of Zap Fitness, available at: www.zapfitness.com.au
Promoter. Dockvest Pty Ltd (Zap Fitness) ABN 82 009 569 91.
Promotional Period. The Promotion is available to individuals who sign up to Zap Fitness during the period from 8:00am AEST 14 February 2024 to 11.59pm AEST 31 December 2027.
Promotion. Zap Fitness will offer new members 10% off 12- and 18-month minimum term direct debit memberships, including home and all club access.
Eligibility. The offer will be available to individuals who are employees of Corporate Partnership companies and who have not been members of Zap Fitness for 90 days prior to commencement date of the Promotional Period.
Redemption. The offer can be redeemed in person at the prospective members chosen Zap Fitness club or online via Zap Fitness website using the unique promo code.
Offer. The promotion offers the following membership options at any participating outlet:
Passport – this membership option provides a member with access to all clubs nationwide, including 24/7 access.
12 month: $14.39 a week for the membership term (total minimum cost $827.24).
12 month: $12.59 (SOUTH AUSTRALIA ONLY) a week for the membership term (total minimum cost $733.64).
18 month: $11.69 a week for the membership term (total minimum cost $1,000.76).
Home - this membership option provides a member with access to one (1) club only including 24/7 access to that specific club location.
12 month: $11.69 a week for the membership term (total minimum cost $686.84).
12 month: $10.79 (SOUTH AUSTRALIA ONLY) a week for the membership term (total minimum cost $640.04).
18 month: $8.99 a week for the membership term (total minimum cost $790.16).
Premium - this membership option provides a member with access to Zap Premium in Salamanca
12 month: $17.09 a week for the membership term (total minimum cost $967.64).
18 month: $13.49 a week for the membership term (total minimum cost $1,141.16).
7. Conditions.
The offer only applies to membership agreements entered into between the outlined promotion dates and cannot be run in conjunction with any other offer.
The new member will be required to complete a 24/7 Induction, waivers and health screening tool prior to their first training session at Zap Fitness. Any minors will be required to have their membership signed by a parent or legal guardian, complete additional waivers & induction, and otherwise comply with the Zap Fitness Age Policy.
The offer only applies to membership agreements entered into between the outlined promotion dates and cannot be run in conjunction with any other offer.
Except as set out above, the standard Membership Terms and Conditions for memberships apply. See https://www.zapfitness.com.au/terms/ for details.
8. Changes. Zap Fitness, in its sole and reasonable discretion, reserves the right to vary the Terms and Conditions of this Promotion at any time.
9. Acceptance. By participating in this Promotion, you understand and accept the Terms and Conditions of this Promotion. You acknowledge and agree that upon purchasing a Membership Package through this Promotion, you will be bound by the Terms and Conditions of Zap Fitness, available at: https://www.zapfitness.com.au/terms/