Level Eleven Fitness & Wellness Clubs – Terms & Conditions
(“Club”, “we”, “our”, “us” = Level Eleven Club. “Member”, “you”, “your” = the person entering into this agreement.)

1. Membership & Services

1.1 Provision of Services

By entering into a Membership Agreement with the Club, you agree to receive access to the services, programs, facilities and amenities offered by the Club, whether provided on our premises or through online platforms. Access is conditional on:
a) payment of all applicable fees; and
b) your full compliance with these Terms and Conditions (“T&Cs”).

1.2 Our Obligations to You

The Club will provide a safe, clean and well-maintained environment consistent with industry standards and the AUSactive Code of Practice. This includes:

• ensuring equipment is maintained, serviced and operated in accordance with manufacturer instructions;

• conducting regular repairs and risk assessments; and

• implementing appropriate safety, hygiene and operational protocols.

1.3 Health Screening & Induction Requirements

Before participating in any physical activity:
a) you must complete the Club’s pre-exercise health questionnaire and/or member induction; and
b) the Club may, based on your responses or apparent health risks, require medical clearance from a qualified health practitioner prior to your participation.

The Club reserves the right to restrict access to certain activities or equipment where a risk to health or safety is identified.

1.4 Member Responsibilities

You must comply at all times with:

• all facility rules and policies;

• instructions or directions issued by Club staff;

• all health, safety, hygiene and conduct requirements;

• a zero-tolerance policy for drugs, alcohol, and other prohibited substances;

• safe and honest use of equipment, facilities and services.

The Club may suspend or terminate access where non-compliance is identified, or where your behaviour presents a risk to yourself, other members, or staff.

1.5 Club Policies & Member Rules

The Club may implement and update reasonable operational policies, house rules, safety requirements, etiquette standards and wellness area procedures from time to time (“Club Policies”).

All Club Policies form part of these Terms & Conditions and must be complied with by all Members and guests.

2. Fees, Payment & Membership Term

2.1 Fees & Payment Methods

All membership fees, joining fees, and other applicable charges—including direct debit, card processing, or administration fees—are as displayed in your Membership Agreement, on our website, or on facility signage.
Fees must be paid using the payment method nominated in the Membership Agreement.

2.2 Disclosure of Fees and Payment Schedule

Your Membership Agreement will clearly set out:

• the joining fee (if any);

• the membership fee amount;

• payment frequency (e.g., weekly, fortnightly, monthly);

• the minimum term (if any);

• any applicable administration, late payment or direct debit fees; and

• any additional charges referenced in these T&Cs.

This disclosure complies with AUSactive Code clause 5.6(d).

2.3 Contract Type and Term Length

Your Agreement will specify whether your membership is:

• Fixed Term / Pre-Paid, or

• Ongoing (Direct Debit).

The Agreement will detail the term, renewal conditions, cancellation rights and all associated obligations.

The Club does not offer:

• pre-paid memberships exceeding 12 months, or

• ongoing direct debit memberships with minimum terms exceeding 18 months,
  unless otherwise permitted under applicable Australian Consumer Law (ACL) or South Australian legislation.

2.4 Changes to Fees or Contract Terms

The Club may review or adjust membership fees and contractual conditions from time to time. If changes occur:

• Fee changes will be communicated with at least 30 days’ written notice;

• Other contract changes will be communicated with at least 30 days’ written notice.
  
  

If you are adversely affected by a change, you may be entitled to terminate your membership in accordance with your Agreement and applicable laws.
No change will retroactively alter rights provided by law, including ACL consumer guarantees.

3. Cooling-Off Period (72 Hours)

3.1 Cooling-Off Right
All new memberships include a 72 hour cooling-off period beginning at the time you sign your Membership Agreement.

3.2 How to Cancel During Cooling Off
To cancel within this period, you must notify the Club in writing via email at memberships@lv11.com.au.

3.3 Refunds During Cooling Off
If you cancel within the cooling-off period:

• You will receive a refund of amounts paid, less any reasonable administration, processing, access device, or facility usage costs already incurred by Level Eleven.

3.4 Access During Cooling Off
You may use the Club during the cooling-off period. If you do not cancel within 72 hours, the membership terms and any applicable minimum terms take effect automatically.

4. Flexible Memberships (No Fixed Term)

4.1 Cancellation Notice

You may cancel a Flexible Membership at any time by providing written notice to the Club via email at memberships@lv11.com.au

Cancellation requests for Flexible Memberships require 14 days’ written notice.

Where a scheduled direct debit falls within the 14-day notice period, that payment will still be processed. Membership access will remain active until the expiry of the notice period or paid billing cycle, whichever is later.

4.2 Final Payments

Membership fees will continue to apply until the effective cancellation date.

5. Fixed Term Memberships (12-Month Contracts)

Your Fixed Term Membership requires payment for the full minimum term unless an approved early termination applies.

5.1 Standard Early Termination Fees

If you choose to cancel your Fixed Term Membership before the end of the contract without qualifying evidence, the following fees apply:

• Club Membership: $199.95

• Collective Membership: $449.95

• Signature Membership: $649.95

or, if lower, the total of all membership fees that would have been payable for the remainder of the minimum term of your membership (“Remaining Contract Value”).

The Member acknowledges that these early termination fees represent a genuine pre-estimate of the Club’s administrative costs, onboarding expenses, reserved membership capacity, discounted membership pricing, and anticipated losses arising from early cancellation of a fixed term agreement.

These fees become payable immediately upon cancellation approval.

5.2 Cancellation for Medical Reasons

If you provide a medical certificate confirming you are unable to train indefinitely (a permanent or long-term inability), your membership may be cancelled without penalty.

The Club may request clarification if the certificate does not clearly state an ongoing restriction. The Club reserves the right to verify supporting documents and determine whether the evidence satisfies the cancellation criteria.

5.3 Evidence & Processing Requirements

• All cancellation requests must be submitted via email to [insert email].

• Required supporting documents (medical, relocation, etc.) must be provided at the time of the request.

• The Club will acknowledge or request further information within 5 business days.

• Membership fees will continue until the early-termination fee and any outstanding payments are paid in full.

5.4 Completion of Fixed Term

When your minimum term ends, your membership automatically converts to a month-to-month Flexible Membership unless the member has chosen not to auto-renew as per South Australian regulation.
From that point onward, the 14 days’ written notice rule (Section 4) applies.

6. Suspension / Time Freeze Policy

1. Eligibility for Suspension
   All membership types (Flexible, 12-Month Fixed Term) may be placed on suspension for a weekly fee.
   
   

2. Suspension Fee
   Suspension is charged at a flat rate of $5.95 per week.
   
   

3. Minimum Suspension Period
   The minimum suspension period is 2 weeks.
   
   

4. Maximum Suspension Period

   • Maximum hold allowance: 12 weeks per calendar year.
     
     

5. How to Request a Suspension

   • All suspension requests must be submitted in writing via email to the Club at memberships@lv11.com.au

   • Requests must be submitted at least 5 days prior to the next scheduled direct debit to ensure the suspension takes effect before that billing cycle.
     
     

6. Suspension during Cancellation Period
   Memberships that are within an active cancellation notice period or pending cancellation are not eligible for suspension or time freeze.

7. Effect on Contract End Date (Fixed Term Memberships)
   Suspension time extends the minimum term of your membership by the same number of suspended days/weeks.
   
   

8. Suspension During Cooling-Off Period
   Suspension is not permitted during the 72-hour cooling-off period.
   
   

9. Billing During Suspension

   • Regular membership dues will not be charged during suspension.

   • The $5.95/week suspension fee is debited on your normal direct debit cycle.
     
     

10. Suspension Cannot Be Backdated
    Suspensions cannot be applied retrospectively.

For clarity, the minimum term end date will be extended by the total duration of all suspension periods.

7. Direct Debit Fees

1. Suspension for Non-Payment

If any membership payment remains unpaid, is dishonoured, reversed, or repeatedly fails, the Club may, at its discretion:

a) immediately suspend your membership access and entry privileges;

b) restrict access to services, classes or facilities;

c) continue to debit any outstanding amounts owing under your Membership Agreement; and/or

d) terminate your membership in accordance with these Terms & Conditions.

You remain responsible for all outstanding membership fees, direct debit fees, dishonour fees and other charges incurred prior to cancellation or termination.

2. Third-Party Billing Provider
   All membership payments are processed through Stripe.
   By agreeing to these Terms and Conditions, you also agree to the billing provider’s terms, including any fees they charge.
   
   

3. Direct Debit Transaction Fees
   Additional fees may be charged by the billing provider for processing membership payments, including but not limited to:

   • Bank account (savings/cheque) debit fees

   • Credit or debit card processing fees

   • Failed payment fees (dishonour fees)

   • Late payment administration fees

   • Setup or establishment fees (if applicable)
     
     

4. The exact fee amounts are set by the billing provider and may change from time to time. These fees are not included in your membership price.

Where payments are processed via credit card, debit card, or other third-party payment systems, the Member acknowledges that processing fees may be charged by the payment provider. These fees are set by the provider and may vary depending on payment method, transaction type, and provider pricing at the time of processing.

The Member is responsible for all such fees, which may be added to membership payments or charged directly by the payment provider.

The Club is not responsible for determining or controlling third-party payment provider fee structures.

4. Fee Disclosure
   The current schedule of direct debit fees will be:

   • Displayed during the membership sign-up process

   • Included in the billing provider’s direct debit request agreement

   • Available upon request from the Club
     
     

5. Changes to Fees
   The billing provider may revise their fees at any time. Where required by law, you will receive notice of any changes.
   
   

6. Responsibility for Fees
   All direct debit fees charged by the billing provider are the member’s responsibility and will be added to your regular membership payments.
   These fees are collected directly by the billing provider, not by the Club.
   
   

7. Failed or Rejected Payments
   If a direct debit payment fails or is rejected, the billing provider may charge a dishonour fee and may reattempt the debit.
   The Club is not responsible for any overdraft fees, dishonour fees, or other bank charges applied by your financial institution.
   
   

8. Updating Your Payment Details
   You must ensure your nominated account/card has sufficient funds and remains valid.
   You must notify the Club or billing provider of any change to your payment details at least 48 hours before your next scheduled debit via memberships@lv11.com.au.

9. Suspended or Cancelled Payments
   Direct debit fees continue to apply to any transactions processed during suspension or cancellation notice periods where debits still occur.

8. Member Obligations, Risk Acknowledgement & Waiver

8.1 Health Information and Ongoing Disclosure

You warrant that all information provided in your pre-exercise health questionnaire, induction and any other health-related disclosures is true, accurate and complete.
You agree to notify the Club immediately if:
a) your health or medical condition changes; or
b) you become aware of any condition or circumstance that may increase the risk of injury while participating in physical activity.
(Compliant with AUSactive Code clause 5.6(g).)

8.2 Assumption of Risk

You acknowledge and accept that participation in physical training, exercise programs, group classes, use of gym equipment, recovery areas, wet wellness facilities, saunas, steam rooms, hot pools, cold plunge pools and other hydrotherapy or contrast therapy areas involves inherent risks, including risk of injury, illness, physical strain, dehydration, fainting, slips, burns, cold exposure, overheating or aggravation of pre-existing conditions.

8.3 Release & Indemnity

To the maximum extent permitted by the Australian Consumer Law (ACL) and the laws of South Australia, you:
a) release the Club, its employees, contractors and agents from all claims, demands, losses, damages or liabilities arising out of or connected with your participation in any activity at the Club; and
b) indemnify the Club against any claim or liability arising out of your breach of these T&Cs, unsafe conduct, misuse of equipment, or failure to follow staff instructions.

This release does not apply where the Club has failed to exercise due care and skill, acted negligently, or breached a consumer guarantee under the ACL.

8.4 Safe Use of Facilities

You are responsible for using facilities and equipment safely and correctly. You agree to:

• follow all instructions from staff;

• adhere to all signage and safety guidelines;

• request assistance if you are uncertain how to use equipment;

• refrain from misuse, negligent use, or unsupervised activities beyond your capability.

• you must not use the Club or its facilities while suffering from any contagious or infectious illness, condition, open wound, or other circumstance that may present a health or safety risk to Members, guests or staff.

8.5 Behaviour & Conduct Requirements

You must:

• act respectfully toward other members and staff;

• comply with the Club’s zero-tolerance policy for illicit drugs, banned substances, alcohol misuse, harassment, intimidation, violence, or unsafe conduct;

• comply with all hygiene and cleanliness requirements.

Failure to comply may result in immediate suspension, removal from the premises, cancellation of access privileges, or termination of membership without refund, subject to your rights under the Australian Consumer Law.

The Club reserves the right to immediately terminate membership where a Member engages in theft, violence, intimidation, harassment, unlawful conduct, deliberate property damage, fraudulent behaviour, serious misconduct, or behaviour reasonably considered detrimental to the safety, operations, reputation or member experience of the Club.

8.6 Unstaffed Hours Acknowledgement

Access credentials, key fobs, digital passes, QR codes and app-based entry systems remain the property of the Club and must not be shared, transferred, copied or used by any other person.

You are responsible for all activity associated with your access credentials. Misuse, unauthorised entry, or permitting access to non-members may result in immediate suspension or termination of membership.

Replacement fees may apply for lost or damaged access devices.

9. Use of Facilities & Behaviour

9.1 Age Requirements:
Membership is only available to persons aged 16 years and over. Individuals under 16 years of age are not eligible to enter into any Membership Agreement or access the Club.

The Signature Membership is strictly limited to persons aged 18 years and over due to access to wet wellness and recovery facilities, including saunas, hot and cold pools, and hydrotherapy areas, and cannot be purchased or used by anyone under 18 under any circumstances.

Where age verification is requested, you must provide valid identification upon request. The Club reserves the right to refuse entry, suspend access, or terminate membership where age eligibility requirements are not met or cannot be verified.

9.2 Facility Maintenance, Closure or Restrictions

The Club may temporarily close, restrict or modify access to parts of the facility for maintenance, upgrades, cleaning, health and safety reasons, or risk mitigation.
Where reasonably possible, we will provide prior notice.
(Aligned with AUSactive Code clause 4.15.)

9.3 Prohibited Items and Activities

You must not bring into the Club any item, substance, equipment or material that:

• is prohibited by law;

• poses a health or safety risk;

• violates Club policies; or

• may damage facility property.

9.4 Photography and Videography

The Club may take photographs or video footage for marketing or promotional purposes.

We will obtain your consent (or provide an opt-out option) in accordance with our privacy policy and the Privacy Act 1988 (Cth).

Photography, videography, filming or recording of any kind by Members or guests is strictly prohibited within all wet wellness and recovery areas, including saunas, plunge pool areas and change facilities, at all times.

You must not photograph or film others without their permission.

The Club reserves the right to restrict or prohibit photography, videography, filming, tripods, recording equipment or content creation activities where such activities may impact member privacy, safety, comfort, operations or the Club environment.

9.5 Operating Hours and Access Limitations

The Club may vary staffed hours, class timetables, or 24/7 access availability for safety, security or operational reasons. Reasonable notice will be provided where practicable.

9.6 Class Bookings, Late Cancellations & No Shows

Where the Club offers class, session or appointment bookings, Members are responsible for cancelling any booking they cannot attend within the cancellation timeframe specified by the Club.

The following fees may apply:

a) Late Cancellation Fee: $10.00
Applicable where a Member cancels a booking after the permitted cancellation window.

b) No Show Fee: $15.00
Applicable where a Member fails to attend a booked class, session or appointment without cancelling.

These fees may be charged automatically to the Member’s nominated payment method or added to the Member’s account balance.

The Club reserves the right to suspend booking privileges or membership access for repeated late cancellations or no-shows.

9.7 CCTV Monitoring

For safety, security and operational purposes, the Club uses CCTV in accordance with privacy laws. No cameras are installed inside bathrooms, changerooms or sauna/steam areas.

9.8 Personal Property, Lockers & Vehicles

You are solely responsible for all personal property brought into the Club, including items stored in lockers, changerooms, recovery areas or vehicles.

To the maximum extent permitted by law, the Club is not responsible for any loss, theft or damage to personal property unless caused by the Club’s negligence.

Any lockers provided are for temporary day-use only. The Club reserves the right to open lockers where reasonably necessary for safety, security, maintenance or operational purposes.

Vehicles parked at or near the Club are parked entirely at the owner’s risk.

9.9 Personal Training and Coaching

Personal training and coaching services may be provided by employees or independent contractors. Payments for contracted PT services are non-refundable except as required by law. The Club is not liable for services delivered by independent contractors outside its control.

9.10 Commercial Activity, External Coaching & Solicitation

Unless expressly authorised in writing by the Club, Members must not:

a) conduct personal training, coaching, therapy, instruction or similar services within the Club;

b) promote, market, sell or solicit any products or services to other Members or guests;

c) use the Club or its facilities for commercial purposes;

d) recruit, canvass or solicit Members or staff for external businesses, events, organisations or opportunities; or

e) conduct commercial photography, videography or content creation activities.

The Club reserves the right to suspend or terminate membership immediately for any unauthorised commercial or solicitation activity.

10. Privacy & Confidentiality

10.1 Collection and Use of Personal Information

We collect, store and use your personal information in accordance with:

• the Privacy Act 1988 (Cth);

• the Australian Privacy Principles (APPs); and

• our Privacy Policy.

We will only collect information necessary for membership administration, safety, health screening, communication, and service delivery.

10.2 Confidentiality and Disclosure

We will not disclose your personal or confidential information to any third party unless:

• you have provided consent;

• disclosure is required or authorised by law;

• it is necessary for Club operations (e.g., billing providers, software partners) as outlined in our Privacy Policy.

(Aligned with AUSactive Code clauses 4.9 and 4.10.)

11. Changes to Terms & Conditions

11.1 Amendments to T&Cs

We may amend these T&Cs from time to time.

• Fee-related changes: at least 30 days’ written notice.

• All other changes: at least 30 days’ written notice.

Your continued use of the Club after the notice period constitutes acceptance of the amended T&Cs.

11.2 Right to Cancel

If you do not accept the amended terms, you may cancel your membership in accordance with the cancellation, cooling-off and termination clauses provided in your Membership Agreement and these T&Cs.

12. Governing Law & Dispute Resolution

12.1 Governing Law

These T&Cs are governed by the laws of South Australia, and you submit to the non-exclusive jurisdiction of South Australian courts.

12.2 Complaints and Dispute Process

If you have a complaint or dispute, you must submit it to the Club in writing via support@lv11.com.au.
We will investigate and respond promptly and fairly.
If the matter remains unresolved and the Club is a member of AUSactive, you may refer the complaint to AUSactive in accordance with their dispute procedures.
(Aligned with AUSactive Code clause 5.6(f).)

13. Force Majeure

13.1 The Club will not be liable for any delay, interruption, reduction or suspension of services arising from events outside its reasonable control, including but not limited to natural disasters, government restrictions, pandemics, public health events, utility failures, industrial disputes, acts of terrorism, emergencies or other force majeure events.

13.2 Where a force majeure event prevents or materially restricts operation of the Club, the Club may suspend access to facilities or services for the duration of the event.

13.3 To the extent required by law, membership fees may be suspended, adjusted or credited where services cannot reasonably be provided during a force majeure event.

14. General Provisions

14.1 Waiver

No provision of these T&Cs shall be taken to be waived unless the waiver is in writing and signed by an authorised representative of the Club.

14.2 Severability

If any provision of these T&Cs is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

14.3 Entire Agreement

14.4 Australian Consumer Law
Nothing in these Terms & Conditions is intended to exclude, restrict or modify any rights you have under the Australian Consumer Law (ACL). If any provision is inconsistent with the ACL, it will be read down or severed to the extent of the inconsistency.

These T&Cs, together with your Membership Agreement, constitute the entire agreement between you and the Club and supersede all prior discussions, representations or agreements.