Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the PrimalThenics website, and your booking and use of our classes, programs and memberships. They form an agreement between you and PrimalThenics Pty Ltd (ABN 42 645 266 226), trading as PrimalThenics (“PrimalThenics”, “we”, “us”, “our”).

By using our website, booking a class, or becoming a member, you agree to these Terms. If you do not agree, please do not use our website or services.

1. Who these Terms apply to

These Terms apply to everyone who uses our website, enquires with us, books or attends a class, or holds a membership. Some of our services — such as youth programs — have additional conditions, which we’ll make clear at the time.

2. Eligibility

To hold a membership or book adult classes, you must be at least 18 years old. Participants under 18 may take part in our youth programs (or other classes we designate) with the consent and, where required, the supervision of a parent or guardian, who accepts these Terms on their behalf.

3. Health, safety and assumption of risk

Physical training carries inherent risks. Before you begin training with us, we ask you to complete an injury and health screening, and to tell us about any injuries, medical conditions, or physical limitations relevant to your safety.

By participating, you acknowledge and agree that:

• You are voluntarily taking part in physical exercise, which carries a risk of injury.
• You have disclosed relevant health information honestly, and will update us if it changes.
• You will seek advice from a medical professional before starting if you have any doubt about your fitness to train, and you have been advised to do so.
• You will train within your own limits, follow reasonable coaching instructions, and stop and tell a coach if something doesn’t feel right.

Our coaches will adapt and scale sessions where they reasonably can, but they rely on the information you give us. Every new member also completes a waiver and declares any injuries or conditions that may affect their training — either as part of signing up through XODA, or by completing it by hand at the studio.

4. Bookings, classes and the schedule

Classes are booked through our booking platform (XODA). Places may be limited, and are generally allocated on a first-booked basis. Please arrive on time; for safety, late arrivals may be unable to join a class already in progress.

If you can’t make a class, please cancel your booking at least 12 hours before it starts, so someone else can take the place.

We may change, reschedule or cancel classes from time to time — for example due to demand, staffing, weather, or venue availability (including sessions held at external venues such as the Ascot Aquatics Centre). We’ll give reasonable notice where we can.

5. Memberships and Strong in 21

Every membership begins with Strong in 21, our three-week introduction. What’s included, the current price, and what happens at the end are shown when you sign up. The Strong in 21 fee is non-refundable.

At the end of the three weeks, you roll over automatically onto an ongoing membership. We’ll let you know before this happens, you can choose the plan that suits you after a chat with your coach, and you can cancel at any time.

We offer a range of ongoing memberships and class packs. The price, inclusions and any conditions for each are presented when you sign up, and current pricing is available on our website. None of our memberships have a lock-in contract — you can pause or cancel at any time (see section 7). Prices may change from time to time, and we’ll give you reasonable notice of any change to your ongoing fees.

6. Payments, fees and billing

Membership fees and other charges are billed through our payment provider (Ezypay), generally by recurring direct debit, on the schedule presented when you join. You’re responsible for keeping your payment details current and ensuring sufficient funds are available.

If a payment fails, we (or Ezypay) may re-attempt it, and reasonable dishonour or administration fees may apply. Prices may change from time to time; we’ll give you reasonable notice of any change to your ongoing fees.

7. Pausing or cancelling your membership

You can pause your membership at any time without penalty, and you can cancel at any time without penalty — none of our ongoing memberships are locked in. To pause or cancel, just let our team know. Strong in 21 runs for three weeks only, and the $149 fee is non-refundable.

8. Studio rules and code of conduct

To keep the studio safe and welcoming, we ask that you treat coaches, staff and other members with respect; follow coaching and safety instructions; use and return equipment appropriately; and observe reasonable hygiene. We may refuse entry to, remove, or suspend anyone whose behaviour is unsafe, abusive, or seriously disruptive, or who breaches these Terms.

9. Youth programs

Youth programs are delivered under the supervision of our qualified coaches. A parent or guardian must provide consent, complete a screening and waiver on the child’s behalf, and accept these Terms for the participant. Depending on the child’s age and comfort, a parent or guardian is not required to stay at the studio while their child trains, provided they have let our staff know.

10. Intellectual property

The PrimalThenics name, logo, website content, class names, program designs and training materials are owned by or licensed to us and are protected by intellectual property laws. You may not copy, reproduce, or commercially use them without our written permission. Third-party names and marks referred to on our site — such as Exxentric® — remain the property of their respective owners.

11. Third-party services and links

We rely on third-party platforms to deliver our services, including XODA and ACR365 (bookings and member management) and Ezypay (payments), and our website may link to third-party sites. Your use of those services is subject to their own terms and privacy practices, and we are not responsible for third-party content or services.

12. Your rights under the Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any right or remedy you have under that law. Where we are permitted to limit our liability, we do so as set out below.

13. Limitation of liability

To the maximum extent permitted by law, and subject to your rights under the Australian Consumer Law and section 12 above:

• You take part in classes, programs and use of our facilities and equipment at your own risk, having regard to the assumption of risk in section 3.
• We are not liable for loss, damage or injury arising from your failure to follow reasonable instructions, to disclose relevant health information, or to train within your limits.
• Our liability for any failure in our services is limited, where the law allows, to resupplying the service or paying the cost of having it resupplied.

14. Changes to these Terms and to our services

We may update these Terms from time to time. The current version will always be available on our website, with the “last updated” date shown at the top. We may also change our classes, schedule, programs and pricing as described above. Continuing to use our website or services after a change means you accept the updated Terms.

15. Governing law

These Terms are governed by the laws of Queensland, Australia, and you submit to the non-exclusive jurisdiction of the courts of that State.

16. Contact us

For any questions about these Terms:

PrimalThenics Pty Ltd — ABN 42 645 266 226
71 Alderson St, Newmarket QLD 4051
Email: [email protected]
Phone: +61 (0)452 478 487