TERMS & CONDITIONS
1. Things to know at the start of your membership
1.1 What types of membership do we have?
- NIGHT-OWL PASS (ONGOING/3-MONTH)
- NIGHT-OWL PASS (ONGOING/12-MONTH)
- NIGHT-OWL PASS (UPFRONT/6-MONTH)
- NIGHT-OWL PASS (UPFRONT/12-MONTH)
- PRE-PAID PACK(10)
- PRE PAID PACK(25)
1.2 Do we offer any discounts?
Using a corporate discount
You will receive a preferred partnership discount if you are referred by an incorporation (such as some music schools or individual tutors) we have a current corporate agreement with. Please ask us for more details.
Using a mate discount
You will receive a 5% discount if you are referred by an existing active member who will also receive a 5% discount while renewing any membership.
1.3 How old do you have to be?
Meeting our minimum age
You must be at least 5 years old to become a member.
Joining aged 5–15
If you are under 16, a parent or guardian must sign your membership agreement and you have to access the studio with a supervisor over 18 years old.
You must not use a 24/7 club between 10pm to 6am at night.
Joining aged 16–17
If you are 16 or 17, a parent or guardian must co-sign your agreement.
You must not use a 24/7 club between 10pm to 6am at night.
1.4 When does your agreement start?
Signing your agreement
You have an agreement with us when you have signed any membership and we have accepted it.
Paying a refundable start up fee
You need to pay a refundable joining fee when you join or renew. This fee is listed in your membership agreement. We can refund the fee, when you cancel without any damages or code breaks.
If you defer your start up fee or any other fees, we will charge you a higher fortnightly amount until you have paid the deferred fees in full.
Understanding our rights
If we do not enforce our agreement rights at any time, it does not mean we have waived those rights, no matter how long we wait. If there is a miscalculation in your membership agreement, we have 5 days after the agreement is signed to correct it.
1.5 Can you change your mind?
Using your comfort guarantee
You can cancel your agreement during your comfort guarantee period. You have 14 days from the date you start your initial agreement from its grand opening date. To cancel your membership, please see 3.1.
We will then cancel your agreement and refund your initial payment, less than your start up fee. This is only applicable for new membership agreements.
1.6 What about your health?
Promising you are in good health
On the day you sign your agreement and each time you use our studio, you promise us that:
- you are in good physical condition
- you know of no medical or other reason why you cannot or should not do active or passive exercise.
2. Things to know during your membership
2.1 When do you pay membership fees?
Paying for ongoing memberships
You pay fees for ongoing memberships in advance each fortnight, by PayPal from a bank account or credit card. You can pay your fortnightly fees as far in advance as you like, up to the legal time limits.
You can pay upfront for some memberships.
For a Pre Paid membership, you will pay on the day you buy it.
Renewing your upfront membership
When your membership is due to end you can renew your membership at the current membership rate. By renewing your membership, you agree to the membership terms that apply at that time.
If you wish to cancel your upfront prepaid membership for any reason indicated in Clause 3.3 we will refund you 100% of the value of the unexpired term remaining on your Pre Paid Membership.
If you wish to cancel your upfront prepaid membership for any reason other than those in Clause 3.3, we will refund you 10% of the value of the unexpired term remaining on your prepaid membership.
2.2 How do direct debits work?
Paying every second week
We will debit your fortnightly membership fees through PayPal in every second week, as set out in your membership agreement.
Meeting your responsibilities
You must make sure there is enough money in your account on the payment day
Querying a payment
If you query a payment, we will do our best to respond within 7 days. If you are not happy with our response, you may contact your financial institution. It will handle your query in line with its own policy.
2.3 What happens if your payment is late or fails?
Losing your club access
If you do not fully pay your fees on the due date, we will suspend your club access until your payments are up to date and you have given us your account details. We will also charge you a late payment fee of $7.50 for a failed payment. This will be debited from your Start Up Fee, and you authorise us to do this.
Paying your outstanding debts
We will continue to debit your nominated account without notice, until we have received the total amount you owe us. We will make a reasonable effort to let you know beforehand by:
- phoning you or emailing to you
- writing to the address you last gave us.
For membership/s in your name, you must make sure that the payment method you choose continues for the length of your agreement. If the details you give us fail, you are liable for all resulting fees. You should update your details and are obligated to complete your minimum term.
If you default in payment of your membership fees we may send your outstanding debt to a third party debt collection agency to collect your outstanding fees.
If this debt is sent to a third party further fees and charges may be payable.
2.4 Can we change your agreement?
Staying up to date with our terms
We may sometimes add to, change or remove our terms and conditions. This includes changing a studio’s opening and closing hours, its services and facilities and membership fees. Sometimes, we may also close the studio for refurbishment to improve their facilities.
The most up-to-date terms and conditions always apply. You can find copies on our website at http://www.hubbravissimo.com.
Being notified about changes
We will give you at least 28 days notice of any changes, for instance by:
- publishing them in our newsletter or on our website
- placing a notice in the studio
- phoning you or writing to the address (post or email) you last gave us.
If we suspend a studio’s operations or services, temporarily or permanently, we may send you a written notice offering you either a:
- transfer to another person, if available
- complimentary time freeze (see 2.6).
Cancelling your membership
If we do not fulfil our obligations to you, you may be able to cancel your membership (see 3.1). Unless the law states otherwise, you won’t have any other claim against us if this happens.
2.5 Can you freeze your membership payments?
Using a ‘time freeze’
You can freeze your membership from 1 or more fortnights, up to a maximum of 4 fortnights each calendar year.
Please note that if you are within your minimum term, any time freezes are not classified as a full payment toward your contract.
Using an ‘extended time freeze’
You can freeze your membership for up to 13 fortnights in any 12 months for travel, medical or bankruptcy reasons. However, we must be satisfied by your supporting documents, such as a certificate from a medical practitioner stating you are unable to exercise.
If you have a medical reason or become bankrupt, we will not charge you for this extended time freeze to allow you time to recover.
Understanding the conditions
Before freezing your membership, you must make sure your fees are up to date and you don’t owe us any money. Note that we cannot backdate any time freeze requests. You must request a freeze when you need it.
2.6 How can you access the studio?
After your registration of a membership or a single booking, you will receive an email including all you need to know about accessing.
3. Things to know at the end of your membership
3.1 How can you cancel your membership?
Cancelling your membership
You can cancel your membership by calling or emailing to the team.
Confirming your request
When you do this, please always
- give us your email address so we can confirm your request in writing
- keep a copy of your request
3.2 How do you cancel after the minimum term?
Cancelling after the minimum term expires
Once the minimum term of your membership expires, you or we may cancel your membership (see 3.1). When you cancel, you must pay us any fees you owe or we may take action to recover them.
Giving us notice
You must give us 28 days’ notice to cancel, unless you are cancelling for medical reasons (with supporting evidence). We count this period from the date of your request, this means your final debit may be a pro rata amount. To ensure your direct debit does not continue past your minimum term, you must give us 28 days’ notice within this term.
You cannot freeze your membership payments during the notice period.
3.3 Can you cancel during the minimum term?
Cancelling without paying out your agreement
You can cancel your membership if time freeze is not suitable during the minimum term if:
- you are sick or incapacitated – you must show us a certificate from a qualified medical practitioner stating that you cannot exercise for the rest of your term.
- you are bankrupt – you must show us supporting documents.
We will not charge you an exit fee in these cases.
Transferring your membership to another person
You can transfer your membership to another person (transferee) within the minimum term of your agreement so long as the transferee:
- is not a current member
- has not been a member in the last 3 months
- completes the new membership sign-up process and pays a transfer fee equivalent to the start up fee
- is eligible to take up your membership (for instance, you cannot transfer a corporate or concession membership to someone who would not qualify for that membership)
- has not previously been banned by Hub Bravissimo or failed to pay membership fees.
The transfer is effective only after the transferee has completed the sign-up process.
We do not allow transfers once you have completed your minimum term.
Cancelling for other reasons
If you wish to cancel for any other reason and have more than 28 days left in your minimum term, you can pay out your agreement.
We calculate the amount you must pay by:
- multiplying your fortnightly fee by the number of fortnights left in your minimum term
- deducting 10% from the total.
3.4 Can you cancel if we change the agreement?
Cancelling if changes to terms and conditions adversely affect you
We reserve the right to change or add to these membership terms and conditions or the club code. If by making such changes you are adversely affected you may terminate this agreement. For the avoidance of doubt however, changes to studio timetables, facilities and hours of operation does not constitute a change of this membership agreement for the purposes of this clause.
You can also cancel your membership if we breach our obligations and we do not fix the breach in a reasonable time after you have told us about it in writing. We will refund you any membership fees you pay between the date of notification and the date on which we decide that we cannot fix the breach.
In either case, you need to give us 28 days’ notice (see 3.1). We will not charge an exit fee.
Receiving a refund for prepaid programs
If you pay for a program in advance, we will refund the fee within 6 months of purchase if:
- the program is cancelled
- you can show us medical evidence that the program will cause you physical harm or injury
- the law requires us to refund the fee.
We will not refund you if the prepaid program has already expired.
4. Studio Code
4.1 What rules apply to our studio?
Respecting our facilities
You are responsible for using our facilities and equipment correctly. If you are not sure how to operate any equipment, please call us before you use it.
Note that you will be responsible for any damage that you or your guests cause through a wilful act or negligence.
As a courtesy to other members, please:
- make sure your hands are clean when you use equipment
- keep to the booking time limits
- keep phone calls to an absolute minimum
- tide equipment up after use
Keeping your belongings safe
Keep your belongings with you while practicing. We cannot accept responsibility for any loss or damage to your belongings while you are at the studio. If you leave belongings in the studio overnight, we may remove them. We give lost property to charity each month, including unclaimed items from kitchen.
4.2 Can you bring guests to the studio?
For all kinds of memberships, you can bring only a guest at a time. Some type of membership, you have to purchase Guest Pass for the guest to share the room.
You can purchase Guest Pass on our website for $5 per hour to share the room with you.
4.3 What happens if you break the code?
Being refused entry or receiving a warning
We can refuse entry to anyone, including members, if they act unreasonably or break the code.
We may also warn you that you risk having your membership cancelled. If you continue to behave in the same way, we may cancel your membership immediately.
Facing instant cancellation
We can cancel your membership without warning if you behave in a way that is risky or seriously inappropriate, such as:
- threatening or harassing others
- damaging equipment
- using illegal drugs
5. Legal stuff you need to know
5.1 What are your responsibilities?
Meeting your responsibilities
Your responsibilities, including payment of membership fees, do not depend on how often you use a club.
You must tell us about anything that affects your membership, and any changes to your contact and bank details.
Promising to take care
You promise to:
- make sure that you know how to practice safely, by asking if necessary
- not take valuables into the studio.
1.Statement of Commitment
Hub Bravissimo is committed to protecting your privacy and any personal information we collect. Hub Bravissimo complies with the Privacy Act 1988 (Cth). This policy explains how we may collect, use, disclose and otherwise handle personal and sensitive information.
Hub Bravissimo is committed to safeguarding personal privacy. It recognises that individuals have a right to control how their personal information is collected and used. Providing personal information is an act of trust and it is taken seriously. Unless given consent to do otherwise, Hub Bravissimo will only collect and use personal information as set out below.
A member’s name, contact details, date of birth, emergency contact details, bank account and/or credit card details, student identification details, employment details, payment history and sensitive information.
2.Collecting personal information
Hub Bravissimo will not collect or monitor any personal information about an individual without their consent. The only personal information collected is what is provided voluntarily by a member or prospective member.
We collect personal information primarily to enable us to provide members with our services or functions related thereto.
Hub Bravissimo may also use the information for marketing to you or for any other purpose permitted under the Privacy Act 1988 (Cth).
You don’t need to identify yourself when you deal with us (e.g. to find out more about membership packages) however in certain situations we will only deal with individuals who have identified themselves to us.
When a membership or product is purchased personal information will be requested in order to provide the requested service or product, provide updated information, and advise of other Hub Bravissimo products, which may be of interest. You are not obligated to provide personal information however failure to do so may result in Hub Bravissimo being unable to provide services or products to you.
Personal information is collected directly from members or potential future members when they personally complete and submit an application form to become a member of Hub Bravissimo. This can be done online via our website or on the phone via one of our Membership Consultants.
3.Collecting Sensitive Information
4.Use of tracking technologies
Hub Bravissimo uses tracking technologies such as cookies or web beacons to make use of the website and services as convenient as possible. Cookies are pieces of information that a website transfers to a computer’s hard disk for record keeping purposes. Web Beacon is a technical method that sends information related to the access to websites, when you browse websites, open or preview an HTML-formatted email. Most web browsers are set to accept tracking technologies such as cookies or web beacons. These tracking technologies do not themselves personally identify users, although they do identify a user’s browser. These tracking technologies allow Hub Bravissimo to monitor the Hub Bravissimo website, and to record how many people are using the different parts of the site.
It is possible to set the browser to refuse tracking technologies such as cookies or web beacons, however, this may limit the services provided by Hub Bravissimo’s website.
5.Using and disclosing your personal information
Personal Information will be used for the following primary purpose:
- To fulfil obligations under a member’s membership agreement and/or any other contract between him/her and Hub Bravissimo;
- To render services under a member’s membership agreement;
- To provide information about products, service and/or special offers to members;
- To obtain opinions or comments about products and/or services from members;
- To record statistical data for marketing analysis from members.
Hub Bravissimo may employ other companies or service providers to assist us in providing our services or any functions related to our services, including (but not limited to) marketing, market research, mail-house services, debt recovery functions, hosting and product development services, analysis of member lists and/ or consulting services. For the avoidance of doubt, Hub Bravissimo may disclose your personal information to our partner debt collection agencies and other parties that assist with debt collection. Hub Bravissimo may disclose, and these third parties may have access to the personal information that is needed to perform their specific function. They cannot use that information for other purposes.
Hub Bravissimo recognise the trust with which individuals provide personal information, and such information will not be used or disclosed for any other purposes without consent, except in exceptional cases when disclosure may be required by law or is necessary to protect the rights or property of Hub Bravissimo, any Hub Bravissimo, or any member of the public, or to lessen a serious threat to a person’s health or safety.
Allowing us to use your image
We sometimes film or photograph the club so it is possible you will appear in the background. By signing your agreement, you allow us to use your image in promotional and other business-related material.
Paying outside providers, including personal Tutors
Contractors, tenants and franchisees provide some services in our studio, such as personal tutorials, and performance organizers. You will need to pay service fees directly to them and we are not responsible for those fees or for any associated costs or refunds
6.Contact by Hub Bravissimo
Hub Bravissimo does not send advertising information without obtaining prior consent. If an individual receives communications from Hub Bravissimo which they do not wish to receive, they may remove their name from the database by contacting Hub Bravissimo at email@example.com.
7.Individual’s right of access
Individuals have the right to review, amend or delete personal and/or sensitive Information that may be recorded on the Hub Bravissimo database. Information may be reviewed, amended or deleted by completing the access request form by phoning 0468886349.
A request may be made to delete personal and/or sensitive information, and all reasonable steps to delete the information will be made, except where it is required for legal reasons. Deletion of information may result in Hub Bravissimo being unable to sell products directly and/or provide certain services including after sales services.
8.Storage and security of personal and/or sensitive information
Hub Bravissimo takes all reasonable steps to keep secure personal information recorded and to keep this information accurate and up to date. The personal information is stored on secure servers if in digital format, or in locked areas if in hardcopy format: these repositories are protected in controlled facilities. In some cases these facilities may be in Amsterdam, England and the United States. Hub Bravissimo employees and data processors are obliged to respect the confidentiality of any personal and/or sensitive information held by Hub Bravissimo. Hub Bravissimo only permits authorised personnel to access your information and information will only be disclosed to third parties where they have the appropriate authority. We destroy or de- identify personal information we no longer need, wherever possible.
9.Hub Bravissimo and links to other websites
Hub Bravissimo provides links to websites outside of the Hub Bravissimo site. These linked sites are not under the control of Hub Bravissimo, and Hub Bravissimo is not responsible for the conduct of companies linked to the Hub Bravissimo website, nor for the performance or otherwise of any content and/or software contained in such external websites.
10.Problems, queries or complaints
If you are not satisfied with the result of your complaint to us, you can refer your complaint to the:
Office of the Australian Information Commissioner
Phone 1300 363 992
Post GPO Box 5218
Sydney NSW 2001
Online Form: www.oaic.gov.au (Privacy Complaint Form).
Allowing us to use your image We sometimes film or photograph the club so it is possible you will appear in the background. By signing your agreement, you allow us to use your image in promotional and other business-related material.
5.3 What happens if you have issues with outside providers?
Paying outside providers, including personal tutors. Contractors, tenants and franchisees provide some services in our studio, such as personal tutoring, accompanying and rehearsing.
You will need to pay service fees directly to them and we are not responsible for those fees or for any associated costs or refunds.
Claiming against these providers
Any service they provide is a contract between them and you and we cannot accept any responsibility for a breach of contract or negligence.
If you make a claim because of something a contractor, tenant or franchisee has or has not done, your claim should be brought against the provider, not us, whether you have paid them or not. You release us from any claim resulting from an act or omission by a contractor, tenant or franchisee.
Asking for our help
Wherever we can, we will help you to resolve issues with providers. We will also make sure that personal trainers in our studio have up-to-date qualifications and insurance. We only allow personal trainers from the Hub Bravissimo franchise to work in our studio.
5.4 What else should you know?
Having your contract transferred
We can assign or transfer the benefit of your contract to a person, firm or company at any time. We will give you 28 days’ notice in writing.
We can also sub-contract our obligations to someone else without notice. But if we do, we are still responsible for ensuring those obligations are met.
All agreement fees include goods and services tax (GST). Your fees will change in line with any government GST rate changes, even if you are in your minimum term.
5.5 Which laws apply?
Meeting state laws
Your agreement is subject to Australian law and is governed by the state laws where your home club is located.
If a court decides that any section of your agreement is invalid or unenforceable, that section will be deleted from the agreement. The other sections will remain valid and enforceable.
5.6 What definitions apply?
Hub Bravissimo Australia Pty Limited ABN 33633195123 © July 2020 NSW
6. 24/7 Access
6.1 24/7 Access Pass
You will require your membership account to enter the studio from 10pm to 6am at night. You must swipe the security card at the front door of the building to gain entry to the studio. All members are required to complete the Hub Bravissimo safety induction before their membership account will be activated for 24/7.
The member acknowledges and agrees that they must not admit guests, or let anyone else use their 24/7 Membership Card at any time. If you breach this term you will be notified by Hub Bravissimo and an initial tailgate fee of $25 will be payable in the studio or via direct debit. Subsequent breaches will incur a $50 tailgate fee, your access to 24/7 will be removed or your membership may be cancelled. If you deliberately use the emergency system inappropriately, you agree to pay any costs, loss or damage incurred because of this inappropriate use.
6.2 Children and Minors
17 years old and under, are allowed access during 6am to 10pm only, please refer to section 1.3.
6.3 General information
You will read and follow all instructions displayed throughout the studio.
Do not bring valuables into the studio, all belongings must be kept on you at all times; Hub Bravissimo will take no responsibility for lost or stolen items.
The studio is monitored by CCTV at all times.