Terms of Service

Transaction and Rejection Fees

All payments for membership are subject to payment processing fees and and account setup fees, outlined in Processing Fees Schedule. In the event that scheduled payments are unsuccessful, a failed payment fee of $5.00 will be payable for each one in addition to account transaction fees at the termination of your membership.

Cooling Off Period

Your membership minimum term is subject to a 48-hour cooling off period. AetherStrong Pty Ltd must receive an in person or written request to terminate the membership agreement within 48 hours of signing the membership agreement. In the event that any fees payable under the terms of this agreement remain unpaid 14 days after the due payment date, you agree to pay such overdue fees as may be imposed in enforcing this agreement and to compensate AetherStrong Pty Ltd for all expenses so incurred including fees on dishonours, court costs, debt collection agency fees and all legal fees of collection.

Collections

In the event that any fees payable under the terms of this agreement remain unpaid 14 days after the due payment date, you agree to pay such overdue fees as may be imposed in enforcing this agreement and to compensate AetherStrong Pty Ltd for all expenses so incurred including fees on dishonours, court costs, debt collection agency fees and all legal fees of collection.

Minimum Period

This membership agreement is subject to a minimum payment period. Whilst sessions may be suspended subject to terms and conditions between AetherStrong Pty Ltd and the client, all payments must be continued until paid in full.

Sessions Per Week

If you are unable to attend a booked training session to meet your weekly requirement and have given the minimum 24 hours’ notice, you are able to reschedule that session. However, this session must be used within four weeks of it being missed, otherwise the session will be forfeited and no refund will be provided.

Rescheduling Appointments, Late Arrival and Cancellations

In the event that you need to reschedule an appointment, a minimum of 24 hours notice must be provided. If the request is made less than 24 hours prior to your scheduled appointment, the session will be forfeited and no refund will be provided (except in special circumstances or in the case of an emergency) at the discretion of AetherStrong Pty Ltd.

If you are late for your appointment, the session may run as normal but it must finish at the scheduled end time. The session charge will be the same. If you do not wish to participate in that session, the session will be forfeited and no refund will be provided.

If you miss a scheduled appointment or cancel with less than 24 hours' notice, the session will be forfeited and no refund will be provided (except in special circumstances or in the case of an emergency) at the discretion of AetherStrong Pty Ltd.

Every effort will be made to ensure your session runs as per the details of your booking. However, AetherStrong Pty Ltd reserves the right to vary session details or cancel a session entirely if necessary. Where appropriate, you will be notified of these changes in person or via phone, email, or text.

In the event of an unexpected absence, every effort will be made to provide you with 8 hours' notice. If AetherStrong Pty Ltd is absent in the case of an emergency, your appointment will be rescheduled at no penalty to AetherStrong Pty Ltd.

Holidays and Absences

In the event of a prolonged absence, AetherStrong Pty Ltd requests 14 days in advance notice. All payments will continue as scheduled, but credits will be provided for any appointments paid for in that time. Credits must be used within four calendar weeks from the date of the end of the prolonged absence and if not used, will be forfeited.

Cancellation of Agreement

AetherStrong Pty Ltd requires a minimum 14 days notice for membership cancellation, during which all scheduled payments will proceed as normal.

In the event of you needing to urgently cancel your membership agreement, a fee of AUD $100 is payable for next-business-day termination, and any other sessions due are forfeited. This fee is to be paid in full, and the agreement and payments will continue as agreed until the payment is made.

Health and Fitness

You must complete the Personal Details and Medical Questionnaire upon commencement of your membership with AetherStrong Pty Ltd and prior to undertaking exercise at AetherStrong Pty Ltd. You agree to have provided true and complete information. If concerned with any of your answers in the questionnaire, AetherStrong Pty Ltd reserves the right to request written consent from your doctor, medical practitioner or therapist for you to participate in membership sessions. AetherStrong Pty Ltd also reserves the right to reject your application or future bookings until requested consent has been provided.

In the event of any change in your health, condition or any answer you provided in the medical questionnaire that may affect your ability to engage in physical activity, you agree to inform AetherStrong Pty Ltd prior to the commencement of the session.

In the event of an emergency, or should the need arise; you give AetherStrong Pty Ltd permission to contact your nominated emergency contact, medical practitioner or therapist.

You will inform AetherStrong Pty Ltd of any relevant injury or illness and will obtain a medical clearance from your medical specialist prior to beginning or restarting your training if required.

MEDICAL FREEZE OPTION
If you become ill or injured and have been advised by your doctor to temporarily discontinue training, you may freeze your remaining sessions for up to three months upon provision of confirmation by your medical professional.

Safety

You agree that, when present or participating in a membership session, you will be careful, both for yourself and others and you will comply with the safety regulations and instructions of AetherStrong Pty Ltd at all times. If exercising in a public space you will observe all local rules, road rules, and local laws. If at any time AetherStrong Pty Ltd considers that you are jeopardizing the safety of others, then you may be asked to leave the session and you will not be entitled to a refund or credit for the session. AetherStrong Pty Ltd, at their discretion, may also refuse your participation in future membership sessions.

Acknowledgment and Acceptance of Risk

You acknowledge that participation in physical activity carries with it a risk of injury or damage to personal property and you voluntarily undertake to participate in a membership session at your own risk. You represent and warrant that you have disclosed to us all information about your medical condition and history and are aware of how it relates to your participation in a membership session. You understand that participation in a membership session may involve exercise or activity that you should not undertake if you suffer from any medical conditions or have any pre-existing injuries. You understand that if you are in doubt as to your fitness to carry out physical activity, it is your responsibility to first obtain medical advice or clearance from your doctor, medical practitioner, or therapist.

Disclaimer

The AetherStrong Pty Ltd Service provides information and evidence-based feedback that is designed for educational and general information purposes only. By using this service, you understand and agree that information and feedback provided by the service are provided in the absence of a medical examination, health history review, or individualised diet review, and therefore cannot be interpreted as medical advice, medical nutrition therapy, or individualised nutrition counselling. You understand that the service provides feedback based on information provided by you, and therefore the Owners cannot guarantee the suitability of such feedback. You also understand that the service does not provide specific feedback related to food selection, food preparation, or micronutrient intake, and therefore the service and its Owners cannot guarantee the safety or nutritional adequacy of the your dietary intake.

AetherStrong Pty Ltd is not a medical organisation and our staff cannot give medical advice to the User. Nothing contained in this service should be construed as medical advice, medical nutrition therapy, or individualised nutrition counselling. Any information or visualisations contained in this service should not be interpreted as a substitute for consultation, evaluation, or treatment from a qualified medical professional. AetherStrong Pty Ltd is not intended to diagnose, manage, treat, or cure any disease or medical condition. Information provided is non-medical and non-specific to any individual person, and you are again reminded to consult a healthcare professional related to any issues or questions.

AetherStrong Pty Ltd’s services are only offered in jurisdictions where they may be legally offered. Information provided is not all-inclusive, and is limited to information that is made available and such information should not be relied upon as all-inclusive or accurate.

You should always consult with a qualified healthcare professional before making any health-related decisions or making any changes to dietary habits, exercise habits, dietary supplement consumption, or any other health-related behaviours. If you are pregnant, breastfeeding, using medication, or has any medical condition, disease, or disorder that is directly or indirectly related to nutrition, metabolism, or body image, you should consult with a qualified healthcare professional before and continuously throughout their use of the service. You understand that minors are prohibited from using AetherStrong Pty Ltd, and that the service is intended to be used by healthy adults between 58-82 inches tall and between 42-166 kilograms with body mass index values above 18.

By using the services of AetherStrong Pty Ltd, you agrees to hold AetherStrong Pty Ltd and its officers, partners, affiliates, employees and agents harmless from any and all liability, responsibility, expenses, claims to damages due to injuries, including attorney’s fees and costs, incurred due to or caused by you.

Assumption of Risk

You hereby acknowledge and agree that you understand that there are certain inherent risks and dangers associated with manipulating food intake, body weight, and physical activity habits. In addition, you understand that there are risks associated with the use of this service. You knowingly and voluntarily accept, and assume responsibility for, each of these risks and dangers, and all other risks and dangers that could arise out of, or occur during, the use of this service. Any use of this service means that you have completely and irrevocably agreed to these Disclaimer Terms. 

You hereby also acknowledge and agree that you understand that there are certain inherent risks and dangers associated with manipulating food intake, body weight, and physical activity habits. In addition, you understand that there are risks associated with the use of this service. You knowingly and voluntarily accept, and assume responsibility for, each of these risks and dangers, and all other risks and dangers that could arise out of, or occur during, the use of this service. Any use of this service means that you have completely and irrevocably agreed to these Disclaimer Terms.

Liability

GENERAL
To the extent permitted by law, AetherStrong Pty Ltd excludes all implied terms or warranties, whether statutory or otherwise arising from or in connection with these terms.

LIMITATION OF LIABILITY
If AetherStrong Pty Ltd fails to provide the services in accordance with these terms, AetherStrong Pty Ltd will at their discretion, re-supply the services or pay the cost of re-supplying the services.

EXCLUSION OF LIABILITY
To the extent permitted by law, AetherStrong Pty Ltd excludes all liability for any loss (direct or indirect) of any person arising from or in connection with these terms, or participation in, or transport to and from, a membership session, including, without limitation, any loss (direct or indirect) arising from or in connection with:

Any injury or illness you suffer as a result of any ongoing medical condition or a poor standard of health or fitness; or

Any medical condition, injury, or illness which you sustain during any session run by AetherStrong Pty Ltd’s membership; or

Any damage or loss to your personal property during any session run by AetherStrong Pty Ltd.

Indemnity

Except to the extent of AetherStrong Pty Ltd, negligent acts or omissions, you agree to indemnify and hold harmless AetherStrong Pty Ltd and all its employees from all loss (direct and indirect) for which AetherStrong Pty Ltd or any of its employees may become liable as a result of any claims or actions which you make or which are made on your behalf due to any loss (direct or indirect) that you may suffer as a result of a breach of these terms or participating in a membership session run by AetherStrong Pty Ltd.

Financial Commitment

You agree to complete the financial commitment below even in the event of not attending training sessions or AetherStrong Pty Ltd or utilizing its services. You acknowledge that payments made to AetherStrong Pty Ltd for the services of membership are a sole arrangement between you and AetherStrong Pty Ltd. 

Processing Fees Schedule

Membership payments are subject to the following processing fees.
For Domestic cards - 2.25% + A$0.30
For international (outside Australia) cards - 3.5% + A$0.30

Changes to the Terms of Service

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of our app and services thereafter.

Your continued use of our app and services following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page each time you access the app and services so you are aware of any changes, as they are binding upon you..