Website Terms & Conditions Platform Terms & Conditions

Website Terms & Conditions

By using this website you agree to be bound by the terms and conditions set out on this webpage. If you do not accept these terms and conditions, you must refrain from using this website.
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This website is owned and operated by GROUP FIT QUICK PTY LTD ABN 88 656 311 134 (referred to in these terms and conditions as ‘we’, ‘us’, or ‘our’).

1. Intellectual Property

Unless otherwise indicated, all materials used on this website (including text, graphics, logos, icons, sound recordings and software) are subject to copyright, trade mark or other intellectual property rights that are owned or licensed by us. You may only access and use these materials for non-commercial or personal use, except to the extent permitted by law or where you have received prior written approval from us.

2. Liability

We make no warranties or representations about this website or any of its content and will not be responsible to you or any third party for any direct or consequential loss suffered in connection with the use of this website. To the maximum extent permitted by law, we each exclude each other from any liability that may arise due to your use of our Website and/or the information or materials contained on it.

3. External Links

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

4. Updates

We may change these terms and conditions at any time by updating this webpage and your continued use of the website following such update will represent an agreement by you to be bound by the terms and conditions as amended.

5. Privacy

These terms and conditions also include our Privacy Policy that can be accessed by clicking the link on this page.

6. Jurisdiction

Your use of the website and these terms and conditions are governed by the laws of New South Wales, Australia.

Platform Terms & Conditions

What Parts of These Terms Apply To Me?

This agreement governs your use of the GroupFitQuick platform - a group fitness management app that connects instructors, club owners and managers together (Platform) and any other services made available through the Platform. By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, GROUP FIT QUICK PTY LTD ABN 88 656 311 134 (GFQ, we or us).

The remainder of this agreement is divided into three parts:

Part A (All Users), which sets out terms that apply to all Users;
Part B (Gyms), which sets out additional terms that apply to Gyms, being gym owners, managers or anyone who is interested in engaging the services of an instructor; and
Part C (Instructors), which sets out additional terms that apply to Instructors, being fitness professionals or suitably qualified instructors to teach classes at a Gym.

If you intend to use the Platform as a Gym, only Part A and Part B of these terms will apply to you.
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If you intend to use the Platform as an Instructor, only Part A and Part C of these terms will apply to you.

When we talk about the “Services” in this agreement, we are referring to our mobile applications available on the Apple iOS Store and the Google Play Store, our website and any associated services we offer.
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We talk about “Job Listings” in this agreement which are where a Gym and instructors can list jobs. We also talk about “Profiles” where an Instructor can list their qualifications and services. These two terms are essentially the same concept but for each separate type of user so in some instances in these terms the term Job Listing and Profile are interchangeable and each definition will refer to the other.
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If you access or download our mobile application from the Apple App Store or Google Play Store, you agree to Apple’s Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service or the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application.
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We may use Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

A. All Users

1. Eligibility

This Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you are either:

over the age of 18 years and accessing the Platform for personal use; or
accessing the Platform on behalf of someone under the age of 18 years old and consent to that person’s use of the Platform.

Please do not access the Platform if you are under the age of 18 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the Platform.
If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.

2. Accounts

In order to use most of the functionality of the Platform, all Users are required to sign-up, register and receive an account through the Platform (an Account).
As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, gender, date of birth, billing, postal and physical addresses, mobile phone number, and other information as determined by GFQ from time to time.
You warrant that any information you give to GFQ in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
Once you complete the Account registration process, GFQ may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
GFQ reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
GFQ may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.

3. Fees and Membership Options

Accessing the Platform is free for instructors for browsing purposes. However, to apply for jobs, be assigned to a job or to be assigned to clubs, studios and fitness facilities, instructors must have a subscription.
Accessing the platform for clubs, studios and fitness facilities requires a paid subscription.
(Monthly Fees) You may then choose to purchase a monthly membership subscription for ongoing access to our Services as set out on the Platform (Membership). The inclusions and Fees of your Membership will be set out on the Platform. We may offer different levels of membership on the Platform and these details will be set out on the Platform. It is up to you to choose the Membership option that is the best for you. The subscriptions available include:

1-5 Instructors $99 - For small clubs, studios, and fitness facilities.

Schedule up to 5 different instructors on your timetable
Post job listings to find qualified covers
Manage invoices and payments
Track KPIs, class capacity, and cost per head
and more.

6-20 Instructors $129 - For medium-sized studios, clubs, and fitness facilities.

Schedule up to 20 different instructors on your timetable
Post job listings to find qualified covers
Manage invoices and payments
Track KPIs, class capacity, and cost per head
and more.

21+ Instructors $169 - For large studios, clubs, and fitness facilities.

Unlimited instructors scheduled on your timetable
Post job listings to find qualified covers
Manage invoices and payments
Track KPIs, class capacity, and cost per head
and more.

Instructors $9.99

Post job listings to find qualified covers
Find work and earn more
Automatic invoicing
Get paid instantly for your classes**
Rate and review studios, clubs, and fitness facilities.
and more.

(Changing your Membership – Upgrading) You may upgrade your subscription at anytime, in accordance to the app store.
(Changing your Membership – Downgrading) You may downgrade you subscription anytime, an accordance to the app store.
(Membership Fees non-refundable) To the extent permitted by law, our Membership Fees are non-refundable.
(Automatic Renewal) If stated on our Platform that your Membership is automatically renewing, your subscription will continue to renew on a monthly basis indefinitely, and you must pay Fees in respect of each monthly period.. If you are paying your Membership through in-app purchases (such as Apple Pay) which are governed by Third Party Terms, you must give as much notice as that third party requires in order to cancel the subscription. Otherwise, we (or the third party if applicable) will continue to charge the Membership Fees.
GFQ reserves the right to change or waive the Fees at any time by updating this agreement, on written notice to you. We will provide you with at least 30 days’ written notice if this occurs, and upon receipt of such notice you will have the right to terminate this agreement immediately, on written notice to us. Your continued use of the Services after you receive such written notice will constitute your consent to the change and/or waiver set out in that notice.
We reserve the right to not accept your Account, Profile, or Job Listing until you have paid any Fees applicable.
We may offer additional services or functionalities on the Platform at any time including in-app purchases. We may charge additional fees for these additional services or functionalities. Details of any of these additional services will be set out on the Platform.
You acknowledge and agree that, unless applicable laws or regulations require otherwise, taxes (including GST) will be calculated and charged on Fees and any Quoted Amount (defined below).

4. Direct Debit

If Fees are paid using direct debit (DD) you:

authorise direct debit in line with GFQ’s Online Payment Partner’s separate DD Authorisation Form and any DD Agreement as applicable;
agree to enter into any DD Agreement required by GFQ’s Online Payment Partner;
authorise GFQ to charge your bank account or credit card in advance in line with any DD Authorisation Form and any DD Agreement;
must ensure that there are sufficient funds available in your account to allow GFQ’s Online Payment Partner to debit the Fees payable; and
acknowledge and agree that there may be additional payments required from the Online Payment Partner if you miss or fail to make any payment. These terms are third party terms separate and in addition to this agreement and are governed by clause 12.

5. User Obligations

As a User, you agree:

not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify GFQ of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive services, including by not using the Platform:

in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and
in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by GFQ;

not to act in any way that may harm the reputation of GFQ or associated or interested parties or do anything at all contrary to the interests of GFQ or the Platform;
not to make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of GFQ;
that GFQ may change any features of the Platform or Services offered through the Platform at any time without notice to you;
that information given to you through the Platform, by GFQ or another User including a Gym, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
that GFQ may cancel your account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 3.

6. Posted Materials

6.1 Warranties

By providing or posting any information, materials or other content on the Platform (Posted Material), you represent and warrant that:

you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
the Posted Material is accurate and true at the time it is provided;
any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;
the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
the Posted Material does not breach or infringe any applicable laws.

6.2 Licence

You grant to GFQ a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for GFQ to use, exploit or otherwise enjoy the benefit of such Posted Material.
If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release GFQ from any and all claims that you could assert against GFQ by virtue of any such moral rights.
You indemnify GFQ against all damages, losses, costs and expenses incurred by GFQ arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.

6.3 Removal

GFQ acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, GFQ may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.
You agree that you are responsible for keeping and maintaining records of Posted Material.

7. Refunds, Service Interruptions and Cancellations

To the maximum extent permitted by law, GFQ will have no liability or obligation to you if:

an Instructor or Gym cancels at any time after the time for performance of the Job Listing is agreed; or
for whatever reason, including technical faults, the services in a Job Listing cannot be performed or completed,

and you will not be entitled to any compensation from GFQ including for any Quoted Amounts or Membership Fees.

8. Online Payment Partner

We may use third-party online payment partner, currently Stripe (Online Payment Partner) to collect payments on the Platform, including for our Services.
The processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner. You can find these here.
You agree to release GFQ and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment.
We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment.
(Card surcharges) Our Online Payment Partner may charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

9. Service Limitations

While we make every effort to ensure that the information on the Platform is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:

the Platform may have errors or defects (or both, as the case may be);
the Platform may not be accessible at times;
messages sent through the Platform may not be delivered promptly, or delivered at all;
information you receive or supply through the Platform may not be secure or confidential; and
any information provided through the Platform may not be accurate or true.

10. Intellectual Property

GFQ retains ownership of or provides you with a sublicense to (as the case may be) all materials developed or provided (or both, as the case may be) in connection with the Services (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Service Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
You may make a temporary electronic copy of all or part of the Service Content for the sole purpose of viewing it and adapting it for the purpose of using the Platform. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from GFQ or as permitted by law.
In this clause 10, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.

11. Third Party Content

The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). GFQ accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

12. Third Party Terms Suppliers

If we need to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (Third Party Terms).
Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms (for example, a link on our Platform or otherwise set out in these terms), you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we use to provide you with the Platform or any services related to Platform and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
You have the right to reject any Third Party Terms. If you reject the Third Party Terms, we cannot provide you with the services associated with the Platform and you can stop using the Platform.

13. Ratings And Reviews

Users may rate a User experience with another User (Rating) and/or may provide feedback to Users regarding the services they received from them or the interaction they had with them (Review).
Ratings and Reviews can be viewed by any User and will remain viewable until the relevant User Account and/or Job Listing is removed or terminated.
Users must only provide true, fair and accurate information in their Reviews.
If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review and/or ban the relevant Instructor from posting further Reviews. We do not undertake to review each Review made by Users.
To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
You may not publish Reviews of Users to whom you have a personal or professional relationship (separately from the Platform).
You may only write a Review about a User if you have had a buying or service experience with that User, which means that:

you have purchased a service from that User via the Platform or otherwise connected with the Platform; or
you have provided a service to that User via the Platform or otherwise connected with the Platform; or
you can otherwise document your use of the User’s service, including via correspondence or other interaction with the User via the Platform or otherwise connected with the Platform,

(collectively referred to as a Service Experience).

You may only write about your own Service Experience. You are not permitted to write a Review about somebody else’s Service Experience, such as that of a family member or friend.
You may not write a Review about a User you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that User, or work for the User. Similarly, you may not write a Review about a direct competitor to the User you own, are employed by or work for.
Your Service Experience must have occurred within the last 12 months when you submit a Review.
You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a User to write a Review, you should include information about this in your Review. Incentives include the User offering you a gift, reward, discount or advantage for writing a Review about the User.

14. Disputes Between Users

You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
If you have a dispute regarding payments on the Platform, you can also click on the dispute button on the Platform. You must attempt to resolve this with the relevant User.
If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to GFQ via info@groupfitquick.com. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
Any costs you incur in relation to a complaint or dispute will be your responsibility.
GFQ has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.
If you have a dispute with GFQ, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.
Notwithstanding any other provision of this clause 13, you or GFQ may at any time cancel your Account or discontinue your use of the Platform.

15. Security

GFQ does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.

16. Disclaimer

(Introduction service) GFQ is a medium that facilitates the introduction of Instructors and Gyms for the purposes of you managing fitness classes, invoices and instructors. GFQ simply collects a service fee in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Instructors and Gyms in relation to such services or otherwise resulting from the introduction.
(Limitation of Liability) To the maximum extent permitted by law and subject to clause 16(c), the total liability of each party (being you, the User and us, GFQ) in respect of loss or damage sustained by the other party in connection with this agreement is limited to the amount paid by you on the Platform in the 3 months preceding the date of the event giving rise to the relevant liability.
Clause 16(b) does not apply to your liability in respect of loss or damage sustained by GFQ arising from your breach of:

third party intellectual property rights;
not possessing certain Qualifications or insurances as required under this agreement; or
if you are a Gym, your breach of clause 6 or clause 2 in Part B.

(Disclaimer) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
(Consumer Law) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth)
(ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.
(Consequential Loss) To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by GFQ, except:

in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

17. Confidentiality

You agree that:

no information owned by GFQ, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
all communications involving the details of other users on this Platform and of the Gym are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.

18. Privacy

If applicable, you must comply, and ensure any personnel comply, at all times with Privacy Laws.
This includes ensuring personal information held or handled by you is protected against misuse, interference and loss and against unauthorised access, use, modification or disclosure.
You agree to be bound by the clauses outlined in GFQ’s Privacy Policy.
“Privacy Laws” means the Privacy Act 1988 (Cth), including the Australian Privacy Principles, and the guidance and codes of practice issued by the Office of the Australian Information Commissioner from time to time.

19. Collection Notice

We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.
(Sharing of your information) We may, or you may request us, to share your personal information. In this case, we will require your consent to do so with other Users. However, if you post any personal information in any Profile or Job Listing you consent to other Users viewing and having access to that personal information.

20. Notice Regarding Apple

If you are accessing the Services from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:

this agreement is between you and GFQ and not with Apple. Apple is not responsible for the Services or any content available on the Services;
Apple has no obligation whatsoever to furnish any maintenance and support services for the Services;
in the event of any failure of GFQ to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the Services. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be GFQ’s responsibility;
Apple is not responsible for addressing any claims by you or any third party relating to the Services, including, but not limited to:

product liability claims;
any claim that the Services fails to conform to any applicable legal or regulatory requirement; and
claims arising under consumer protection, privacy, or similar legislation;

in the event of any third party claim that the Services or your use of the Services infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;
that you represent and warrant that:

you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting’” country; and
you are not listed on any U.S. Government list of prohibited or restricted parties;

you must comply with applicable third party terms of this agreement when using the Services; and
Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary.

21. Termination

Either GFQ or the User may terminate the User’s account at any time (including any listings, memberships or Accounts) for any reason.
If a User wants to terminate their account (and/or any other membership they hold in connection with the Platform), they can do so by using the Platform’s functionality where available. Where such functionality is not available, GFQ will effect such termination within a reasonable time after receiving written notice from the User.
In the event that a User’s Account is terminated:

the User’s access to all posting tools on the Platform will be revoked;
the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details, profiles and job listings or requests); and
the User may be unable to view the details of other Gyms (including contact details, geographic details and any other details), and all job listings previously posted by the respective User will also be removed from the Platform.

Notwithstanding termination or expiry of your Account, this agreement, or any other membership you hold in connection with the Platform, the provisions of Part A and any other provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.

22. Tax

You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Platform, and GFQ will not be held accountable in relation to any transactions between Instructors and Gyms where tax related misconduct has occurred.

23. Record/Audit

To the extent permitted by law, GFQ reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving GFQ.

24. Notices

A notice or other communication to a party under this agreement must be:

in writing and in English; and
delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.

Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:

24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
when replied to by the other party,

whichever is earlier.

25. General

25.1 Governing Law and Jurisdiction

This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

25.2 Waiver

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

25.3 Severance

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

25.4 Joint and Several Liability

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

25.5 Assignment

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

25.6 Costs

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

25.7 Entire Agreement

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

25.8 Interpretation

(singular and plural) words in the singular includes the plural (and vice versa);
(gender) words indicating a gender includes the corresponding words of any other gender;
(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(headings) headings and words in bold type are for convenience only and do not affect interpretation;
(includes) the word “includes” and similar words in any form is not a word of limitation; and
(adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

B. Gyms

1. Eligibility and Instructor Qualifications and Suitability

You must verify that any Instructor is over 18 years old or has their parent or guardian’s consent to use the Platform and provide any services.
Whilst we may require Instructors to provide evidence of qualifications and insurance, it is ultimately your responsibility to verify that any Instructor you engage with has the appropriate qualifications and insurance and any other requirements you may have in order to provide any services to you.
(Warranty and Indemnity) You acknowledge and agree that:

we are reliant on the information provided by Instructors for evidence of qualifications and insurance and to the extent permitted by law, we disclaim all warranties that any information provided will be accurate or guarantee that any Instructor you engage with will be suitable and have the appropriate qualifications and insurance;
you should make your own inquiries as to Instructors’ qualifications and suitability for providing services before engaging in contracts with those Users;
we do not endorse any particular Instructor or Profile; and
we are not responsible for any cancellations or changes to a Job Listing or loss of Membership Fees.

2. Business Requirements and Warranties

By listing yourself as Gym on the Platform, posting a Job Listing, you represent and warrant that:

you will provide a facility in compliance will all applicable laws including:

providing a safe working environment for Instructors;
complying with all intellectual property laws including music licensing;
complying with all Privacy Laws;
obtaining any consents, including from employees, to provide any personal information, such as videos or photos, that you upload to the Platform

you will maintain all adequate and appropriate insurances required including but not limited to public liability insurance; and
you will provide all appropriate assistance to Instructors as required to provide their services at your facility, including any inductions, safety requirements, onboarding, training.

You acknowledge and agree that the above is your responsibility and we will not be liable or responsible for your failure to comply with this clause.

3. Job Listings

You acknowledge and agree that:

you must use your best endeavours to provide as much information as possible in any listing you submit to the Platform in which you require Instructors to provide services (Job Listing);
GFQ may choose not to accept any Job Listing you submit to the Platform, and GFQ may limit the number of Job Listings you can submit to the Platform;
any information you supply in a Job Listings must be true, timely and accurate;
you will be required to quote the amount you will pay to each Instructor for providing the services as set out in your Job Listing via our Online Payment Partner (Quoted Amount);
you have the ability to negotiate the Quoted Amount with the Instructor;
for each Job Listing accepted by an Instructor, the Quoted Amount will be debited from your Account and passed on to the Instructor via our Online Payment Partner;
you must deal with any dispute with an Instructor in accordance with clause 14 of Part A;
any additional terms and conditions relating to a Job Listing, or a quote provided via the Platform, are solely between you and the relevant Instructor and do not involve GFQ in any way, except that they must not be inconsistent with your or the Instructor’s obligations under this agreement; and
GFQ will have no responsibility for the accuracy, reliability or timeliness of any Instructor’s response to a Job Listing.

4. Refunds And Cancellations

Without limiting or otherwise affecting the terms of this agreement, if you wish to cancel an accepted Job Listing, before the Instructor has performed it, you must contact us using the Platform’s functionality at least 12 hours before an accepted Job Listing is to commence, including by providing details as to why you are cancelling. If GFQ decides to investigate your request, you must provide assistance and information to GFQ as reasonably requested.
You must ensure that your cancellation policy and refund policy in relation to you or Instructors cancelling an accepted Job Listing is in compliance with all applicable laws, such as the Australian Consumer Law.
If we accept your request to cancel an accepted Job Listing, we may take one or more of the following actions:

cancel your Account and/or any membership you hold in connection with the Platform;
provide any relevant fees to the Instructor as if they had performed the services; and
require you to pay all or part of the fee for the Job Listing, and issue you with an invoice for that amount.

5. Superannuation

You are responsible for all applicable superannuation payments payable to Instructors and for determining whether or not superannuation is payable to Instructors for any Job Listing you engage an Instructor for. GFQ will not be held accountable in relation to any transactions between Instructors and Gyms where superannuation related misconduct has occurred and will not be liable for any issues regarding non-payment of superannuation.

6. Back End

Gyms are able to access additional data on the Platform including class numbers, what an Instructor taught in a class, how many classes an Instructor has taught, hours worked, payments, invoices and other information as set out in the Platform (Back End).
Whilst we endeavour to provide as much accurate information as possible, we are not responsible for your use and management of your business and the Back End. We are not professional advisors, including business, tax, superannuation or employment advisors. We provide the Platform and Back End as is. It is your responsibility to ensure that your business complies with all applicable laws and standards and has all applicable licenses. We will not be liable for any issues with any Back End use including documentation, company or financial information and non-compliance with any laws or standards.
You must ensure that anyone who accesses your Back End is authorised to do so and has your full permission.
By using our Platform and Back End, you acknowledge and agree that

you are responsible for the management of your business including complying with all laws, safety requirements and any industry standards; and
you are responsible for any users that you allow access to your Back End including for any data breaches or security issues.

7. Services for Instructors - Lock Boxes

You may choose to provide additional services or facilities for Instructors for easy access to your facility, including providing lock boxes or codes to access your facility.
It is your responsibility to ensure that you only provide access to your facility and any lock box or codes to trusted and vetted Instructors and you must have a separate agreement with each Instructor as set out in these terms.
We will not be liable for any issues arising from lock boxes or the provision of any access codes including theft, damage to property or personal injury. You indemnify GFQ for any issues relating to lock boxes, access codes or any other private services you supply or provide to Instructors.

8. Binding Contract

You agree that when an Instructor submits an enquiry in response to your Job Listing, this constitutes their intention and offer to enter into a contract with you, where the Instructor will the Gym with the service as specified in the relevant Job Listing, in exchange for payment of the relevant fee. A contract is formed in this respect (between you and the Instructor) when you respond to an email or message on the Platform confirming that you accept the Instructor’s offer.

C. Instructors

1. Eligibility And Qualifications

In order to provide services to Gyms as an Instructor you must ensure you are suitably qualified to provide those services. You must at a minimum hold first aid and CPR qualifications (Minimum Qualifications). For any other services you are providing you must ensure that you have the relevant qualifications and be registered or certified with any relevant body or industry for the particular services or classes you are teaching (Qualifications) e.g. if you are teaching a yoga class you must have a registered yoga teacher training such a RYT200.
We may request evidence of your Minimum Qualifications or Qualifications. However, GFQ is under no obligation to confirm the status or currency of your Qualifications or Minimum Qualifications. You indemnify GFQ against any claim that may arise in connection with you not having the appropriate Minimum Qualifications or Qualifications to provide the services.
If in any of your Job Listings or anywhere on your Account you hold yourself out to possess certain qualifications (Qualifications), you warrant to GFQ that you do hold such Qualifications and if requested, will promptly provide GFQ with evidence of the Qualifications.
If working with children, you must at all times maintain a valid working with children check in the jurisdiction you will offer your services in. GFQ is under no obligation to confirm the status of your eligibility to work with people under 18 years old. You indemnify GFQ against any claim that may arise in connection with your eligibility to work with people under 18 years old.

2. Insurance

At all times when providing any services to Gyms you must have and maintain adequate insurance to cover your provision of the services, including as applicable, professional indemnity insurance, errors and omissions insurance, public liability insurance, and work health and safety insurance.
We may request evidence of your insurance, however we are under no obligation to confirm adequacy or currency of any insurances you may hold. You indemnify GFQ against any claim that may arise in connection with you not having the appropriate insurances to provide any services.

3. Profiles

You may upload personal information on the Platform regarding yourself, your services you provide any Qualifications you may have, photos and videos (Profile). You acknowledge and agree that:

you must use your best endeavours to provide as much information as possible in any profile you submit to the Platform in which you offer to provide services (Profile);
GFQ may choose not to accept any Profile you submit to the Platform, and GFQ may limit the number of Profiles you can submit to the Platform;
any information you supply in a Profile must be true, timely and accurate;
by uploading any information in a profile you consent for your personal information to be used by GFQ for the purposes of listing your Profile to provide services to Gyms and other purposes as set out in this agreement and agreed with you.

4. Job Listings and Fees

You acknowledge and agree that:

you must take all reasonable steps to complete the services as described in every Job Listing that you accept, including by not cancelling any part of such a Job Listing;
if you respond to a Job Listing listed by a Gym, that will constitute your offer and intention to enter into a contract with the Gym;
you may negotiate the Quoted Amount with Gyms;
for each offer you submit in response to a Job Listing on the Platform that is accepted by the relevant Gym, the Quoted Amount will be credited to your Account;
in some situations Gyms may not be listed on the Platform and you may be responsible for posting Job Listings on behalf of Gyms. In this case, you must comply with any applicable requirements as set out in Part B as if you are a Gym;
you must deal with any dispute with a Gym in accordance with clause 14 of Part A;
any additional terms and conditions relating to a Job Listing, or a quote provided via the Platform, are solely between you and the relevant Gym and do not involve GFQ in any way, except that they must not be inconsistent with your or the Gym’s obligations under this agreement; and
GFQ will have no responsibility for the accuracy, reliability or timeliness of any Gym’s response to a Profile.

5. Service Cancellations and Replacement Instructors

You acknowledge and agree that:

if you have accepted a Job Listing with a Gym and have agreed to provide services that you must perform those services;
if you are unable to provide those services, including where you are unwell, it is your responsibility to find a replacement Instructor or instructor to provide those services. This will involve either posting a listing on the Platform or contacting Instructors, preferably via the Platform to provide the Services;
You must ensure that your cancellation policy and refund policy in relation to cancelling an accepted Job Listing is in compliance with all applicable laws, such as the Australian Consumer Law. We will not be responsible for any cancellation of an accepted Job Listing including loss of Quoted Amount or Membership Fees;
you must comply with clause 6 below if applicable;
any replacement service constitutes an agreement between you and the replacement instructor; and
if you are unable to provide the services in an accepted Job Listing you are still liable for those services and remain ultimately liable even if you find a replacement Instructor to take on those services.

6. Offline Gyms

You acknowledge and agree that:

in some circumstances gyms may not be listed on the Platform and you may be responsible for posting a Job Listing as if you are a Gym on the Platform. In this instance you must comply with any clauses in applicable clauses in Part B as if you are a Gym;
payment for gyms that are not on the Platforms may not be hosted through the Platform and will be separate. We are not responsible for any offline payments; and
it is your responsibility to ensure you have an appropriate agreement with any offline gym or you ensure they sign up to similar terms as this agreement.

7. Payment

(Pricing errors) In the event that we discover an error or inaccuracy in any of your fees on the Platform, we will attempt to contact you and inform you of this as soon as possible. Subject to agreement with the Gym, you will then have the option of receiving the correct fees.
(Online Payment Partner) You:

appoint the Online Payment Partner as your limited collection agent solely for the purpose of accepting your fees from the Gym;
agree that payments made by Users to the Online Payment Partner (acting as your collection agent) will be considered the same as payments made directly to you; and
agree that all payments to your nominated bank accounts will be made in accordance with the timing specified by the Online Payment Partner, which may vary depending on your geographic location. The Online Payment Partner’s current payment terms are available here: e.g. https://stripe.com/docs/payouts.

8. Warranties

By listing yourself as an Instructor on the Platform, posting a Job Listing or responding to a Service Request, you represent and warrant that:

you are able to fulfil the requirements of the services specified in the Job Listing or Service Request;
you will provide services to each Gym:

using suitably qualified and trained personnel with the Minimum Qualifications and any other relevant Qualifications, exercising due care and skill in a professional, efficient, diligent and safe manner, and to the best industry standards; and
in compliance with all applicable laws; and

any individuals involved in your performance of services to any Gym have not been previously convicted of an indictable offence, and any companies involved in your performance of services have no current legal, criminal, civil or administrative proceedings against them.

9. Cancellations

GFQ will have no liability or obligation to you if a Gym cancels a Job Listing after it has been agreed and you will not be entitled to any compensation from GFQ in relation to any such cancellation, including any portion of the Service Fee.
If you wish to cancel services specified in an agreed Job Listing, before you have performed them, you must contact the Gym. If GFQ decides to investigate your cancellation, you must provide assistance and information to GFQ as reasonably requested.
If a Gym cancels a service specified in an agreed Job Listing, whether the relevant Quoted Amount paid to you is payable will depend on the cancellation policy and refund policy of the relevant Gym.

10. Linked Businsses

You acknowledge and agree that:

the Platform provides links and introductions to Gyms owned and operated by third parties that are not under the control of GFQ;
the provision by GFQ of introductions to Gyms does not imply any endorsement or recommendation by GFQ of any Gym;
GFQ does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Gym who uses or is listed on the Platform; and
any terms and conditions relating to a Job Listing or quote provided via the Platform constitute a contract between you and the Gym once agreed in accordance with clause 1 and do not involve GFQ in any way.

11. Communication Outside the Platform

You must not communicate with a Gym, or request or entice a Gym to communicate with you, outside the Platform (except in the course of accepting Gym services that were agreed in a Job Listing or Service Request).
GFQ, in its absolute discretion, may cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 11.