.png)
Terms & Conditions
Effective date: 21 August 2026
These Terms and Conditions apply to services and products supplied by Kirill Anisimov, ABN 65 805 491 484, trading as MBS Fitness Hobart, of 115 Cove Hill Road, Bridgewater, Tasmania 7030. In these Terms, “MBS Fitness”, “we”, “us” and “our” refer to that business. “You” and “your” refer to the person purchasing, booking or using a service or product and, where the participant is under 18 years of age, their parent or legal guardian.
Please read these Terms before purchasing a membership, plan, pack, program, session or product. By accepting these Terms at checkout, enrolling in a program, making a booking or using a service after having a reasonable opportunity to review them, you agree to be bound by them. A parent or legal guardian who enrols a child agrees to these Terms for themselves and on behalf of the child. If you do not agree, you must not complete the purchase or participate.
1. Services Covered by These Terms
These Terms apply to adult group training, boxing, BoxFit, circuit training, flexibility and stretching sessions, casual sessions, class packs, recurring memberships, fixed-term and upfront memberships, Kids and Youth Boxing programs, school-holiday and short-term programs when offered, personal training, fixed-term coaching programs, online personal training, AdaptFit and NDIS-funded services, FOB gym access, free consultations and introductory sessions, digital content, gift cards, rewards and referral offers, promotions, and retail merchandise.
Some services have additional conditions shown on the relevant Pricing page, service page, checkout screen, order confirmation, program information or separate service agreement. Those service-specific conditions form part of your agreement. If a service-specific condition conflicts with these general Terms, the more specific condition applies to that service, but nothing excludes a right or remedy that cannot lawfully be excluded.
Services, timetables, coaches, places and equipment are subject to availability. MBS Fitness does not guarantee that every service or time will always be available or that a particular coach will deliver every scheduled session.
2. Eligibility, Accounts and Accurate Information
You must be at least 18 years old to purchase a service or enter an agreement in your own name. A participant under 18 must be enrolled by a parent or legal guardian. Age limits shown for Kids and Youth programs must be followed unless MBS Fitness approves a different placement after considering the participant’s maturity, ability and safety.
You must provide complete and accurate contact, emergency, health, billing and participant information and promptly tell us if it changes. You are responsible for activity completed through your website or app account and must keep your login details secure. Bookings, memberships, credits and access credentials must not be shared unless we expressly approve this in writing.
We may ask for proof of age, identity, concession eligibility, parent or guardian authority, or any other information reasonably required to provide the service safely and correctly.
3. Free Consultations and Introductory Sessions
A free consultation is available where advertised and is intended to discuss goals, experience, health considerations and suitable programs. It is not a medical assessment, diagnosis or treatment and does not create an obligation to purchase.
A complimentary first session or other introductory offer is available only where it is currently advertised or confirmed by MBS Fitness. Unless otherwise stated, it is limited to one offer per new participant, is subject to availability and eligibility, cannot be transferred, exchanged for cash or combined with another offer, and may require advance booking, a health form and a participant waiver. MBS Fitness may refuse or withdraw an introductory offer where it has already been used, eligibility information is inaccurate, or participation would create an unreasonable safety risk.
4. Prices, GST and Order Information
All consumer prices are stated in Australian dollars and include GST where GST applies. Some eligible health or NDIS-funded services may be GST-free under applicable law. The price, billing frequency, minimum commitment, number of sessions, inclusions, start date and expiry displayed at checkout or confirmed in writing when you purchase form part of your agreement.
The general Terms page does not reproduce every current price. This prevents an existing agreement from being affected merely because public prices later change. A later price change does not alter the price of a completed upfront purchase or the agreed price during a stated minimum commitment unless you agree or the law permits the change.
You must review your order before paying and notify us promptly if your confirmation contains an error. Where a website error displays an obviously incorrect price or inclusion, we may cancel the affected order and provide a full refund before the service or product is supplied. We will not use this provision to avoid a price or promise that a reasonable customer would understand to be genuine.
5. Payments and Recurring Payment Authority
Online payment and booking are generally required unless MBS Fitness agrees to invoicing, manual booking or another payment arrangement. This exception may apply to NDIS services, community programs, schools, funded programs or other approved arrangements.
When you purchase a recurring plan, you authorise the payment provider used at checkout to charge the selected payment method for the amount and at the frequency disclosed before purchase. A recurring payment may be processed by card, PayPal, bank debit or another available method. You must keep your payment information current and ensure sufficient funds are available.
Recurring payments continue until the plan ends automatically under its stated conditions or is cancelled in accordance with these Terms. Cancelling a booking does not cancel the underlying membership or recurring payment plan. You must separately cancel the plan using the available member-account function or by contacting enquiries@mbsfit.net.
If you submit a valid cancellation before the next scheduled payment is processed, no further membership payment will be required other than an amount already due. If the next payment has already been processed before your cancellation is received, your access will ordinarily remain active until the end of the paid period and that payment will not be refunded solely because you changed your mind. This does not limit rights available under the Australian Consumer Law.
6. Failed and Overdue Payments
If a payment fails, the payment provider may retry it in accordance with its disclosed process. We may notify you, request an updated payment method and temporarily suspend bookings, plan benefits or FOB access while an amount remains overdue. Suspension does not cancel an amount already due under an agreed minimum commitment.
MBS Fitness will not impose an undisclosed penalty. Any third-party processing or dishonour fee passed on to you must have been disclosed, must be permitted by law and must not exceed the reasonable cost incurred. If an account remains overdue after reasonable notice, we may cancel the plan and take reasonable steps to recover the unpaid amount. We will consider genuine financial hardship in good faith if you contact us promptly.
7. Price Changes
We may change prices for future purchases at any time. For an active recurring membership that is not within a fixed-price minimum commitment, we will give at least 14 days’ written notice of a price increase. You may cancel the affected membership before the new price takes effect without an additional cancellation fee.
Price changes for a future Kids or Youth term apply from the term or renewal date stated in the notice. An agreed NDIS service price will only be changed in accordance with the participant’s service agreement and applicable NDIS requirements.
8. Adult Recurring Memberships
An adult recurring membership provides the inclusions and weekly session allocation displayed when it is purchased. Unless the checkout states a minimum term, the membership is ongoing and may be cancelled at any time before a future renewal payment. Descriptions such as “no lock-in” apply only to eligible adult recurring memberships that genuinely have no minimum commitment.
A weekly session allocation applies only during the applicable billing week. Unused sessions do not accumulate or roll over unless the plan expressly says otherwise. A member cannot transfer sessions or allow another person to use their membership without prior written approval.
An unlimited membership provides reasonable personal use of eligible scheduled classes, subject to booking capacity, safety, fair use and these Terms. It does not guarantee a place in every class. Repeated late cancellations, speculative bookings or no-shows may result in a reasonable booking restriction after warning.
9. Upfront and Fixed-Term Memberships or Programs
An upfront or fixed-term membership or coaching program runs for the duration stated at purchase and must be paid in accordance with the checkout terms. It ends automatically at the end of that period unless the purchase terms clearly state that it renews.
The fee reflects access to the program for the agreed period and not a guarantee that you will attend every available session. Missed sessions, holidays, work commitments or a change of mind do not automatically extend the term or create a refund entitlement. If serious illness, injury, relocation or genuine hardship prevents continued participation, contact us promptly. We will consider a reasonable extension, credit, transfer, freeze or partial refund based on the unused service, evidence provided, costs already incurred and applicable law.
If MBS Fitness materially fails to provide the fixed-term service, your rights under Section 30 and the Australian Consumer Law apply.
10. Class Packs and Casual Sessions
Class packs and casual sessions provide the number and type of bookings shown at purchase. They are personal to the purchaser, are subject to capacity and expire on the date or after the period displayed at checkout. Unused sessions expire at the end of that period unless an extension is required by law or approved for exceptional medical or hardship circumstances.
A casual session must be booked and paid before attendance unless MBS Fitness agrees otherwise. A casual purchase does not reserve a place until the booking is confirmed. Class packs and casual sessions are subject to the cancellation and no-show rules in Section 17.
11. Kids and Youth Programs
Kids and Youth programs operate during the school-term periods and on the dates displayed at enrolment. A parent or legal guardian is responsible for the enrolment, payment, bookings, health information, emergency contact details and compliance with these Terms.
An upfront term plan covers the stated number of weekly sessions during the specified term. A fortnightly plan is charged at the frequency shown at checkout and may include a minimum commitment, such as two school terms or 20 weeks. Where a minimum commitment applies, it will be clearly disclosed before purchase and the payer remains responsible for scheduled instalments during that minimum period unless MBS Fitness agrees to early cancellation or cancellation is required by law.
After a minimum commitment ends, an ongoing fortnightly Kids or Youth plan continues during the advertised billing periods until cancelled. Payments may pause during the summer period where this is stated at purchase. A cancellation submitted after the minimum commitment takes effect before the next payment that has not already been processed.
MBS Fitness will reasonably consider early cancellation or adjustment because of serious illness, injury, relocation or financial hardship. We may request reasonable supporting information. We will not impose a disproportionate exit fee, and consumer-law rights remain unaffected.
The parent or guardian must tell us about medical conditions, allergies, medication, injuries, disability-related support needs or other matters that could affect safe participation. The parent or guardian must ensure the child arrives appropriately dressed and equipped, is collected promptly where collection is required, and understands the expected behaviour. Unless expressly arranged, MBS Fitness is not responsible for supervising a child outside the scheduled session time.
Missed sessions and late cancellations are ordinarily forfeited. A make-up session may be offered within the same term where capacity and the child’s plan permit, but it is not guaranteed. If MBS Fitness cancels a session, Section 18 applies.
12. School-Holiday, Challenge and Short-Term Programs
School-holiday bootcamps, challenges and other short-term programs are available only when advertised. The relevant dates, age range, inclusions, capacity, participation requirements, price, cancellation rules and any prize conditions will be stated on the program page or in separate promotion terms.
A program does not continue merely because it appeared in an earlier advertisement. If specific program terms conflict with these general Terms, the specific program terms apply to that program, subject to applicable law.
13. Personal Training
Personal Training is delivered for the duration, frequency and inclusions shown at purchase. Casual appointments, packs, weekly recurring plans and fixed-term coaching programs may have different expiry and payment conditions, which are disclosed at checkout.
Personal Training must be cancelled or rescheduled at least 24 hours before the scheduled start time. A cancellation made with less than 24 hours’ notice or a failure to attend may result in the session being forfeited. We may waive this consequence for a genuine emergency at our reasonable discretion.
If you purchase a recurring Personal Training plan with a reserved weekly time, you must attend or reschedule within the permitted notice period. Unused weekly sessions do not automatically roll over unless the plan terms say otherwise. Packs must be used before their stated expiry, subject to any approved medical or hardship adjustment.
A coach may modify, postpone or stop a session if participation appears unsafe. Results depend on factors including attendance, effort, health, recovery and lifestyle; no particular physical, performance or weight-related result is guaranteed.
14. Digital Coaching
Nutrition information is general educational guidance and is not medical advice, diagnosis, treatment or an individually prescribed diet unless provided by an appropriately qualified professional acting within their scope. You should seek advice from a doctor or accredited practising dietitian where appropriate.
Training programs, videos, guides and other digital materials are licensed to the registered participant for personal, non-commercial use. They must not be copied, sold, published, shared or used to coach another person without written permission. Videos or information you submit will be used to provide coaching and handled under our Privacy Policy. They will not be used for promotion without separate consent.
15. AdaptFit and NDIS-Funded Services
NDIS-funded or disability-related services are provided under a separate written service agreement with the participant or their authorised representative. That agreement should identify the supports, price, payment method, schedule, responsibilities, cancellation rules, review process, complaints process and how either party may end the arrangement.
The NDIS service agreement takes precedence over these general Terms for an NDIS-funded service where there is an inconsistency. Prices and claims will be managed in accordance with the service agreement, participant consent, applicable NDIS pricing arrangements and the participant’s method of plan management. A change to an existing agreed NDIS service price will be discussed with the participant and will not take effect without the agreement required under applicable NDIS rules.
Nothing in these Terms limits a participant’s right to raise a concern with MBS Fitness, an advocate, a plan manager, the NDIA, the NDIS Quality and Safeguards Commission or another appropriate body.
16. Bookings, Capacity and Waitlists
Bookings are generally required and are accepted subject to capacity, eligibility and payment. A purchase does not guarantee a particular class time unless the booking is confirmed. Classes may use a waitlist and available places may be offered through the website or app.
You must arrive on time and be ready to participate safely. A coach may refuse late entry where joining would disrupt the class or create a safety risk. In that situation, the booking may be treated as a late cancellation, taking into account the circumstances.
You must cancel a booking you cannot attend so another person can use the place. Creating multiple speculative bookings, booking for another person without approval or otherwise misusing the booking system is not permitted.
17. Cancellations, Rescheduling and No-Shows
Group classes, Kids and Youth sessions, and short-term group programs must generally be cancelled at least two hours before the scheduled start time. Personal Training must generally be cancelled at least 24 hours before the scheduled start time. A service-specific checkout or service agreement may state a different period, in which case that disclosed period applies.
A late cancellation or no-show may result in the booked session being forfeited. For a limited-session membership or pack, the session may be deducted. For an unlimited membership, repeated late cancellations or no-shows may lead to a temporary booking restriction after reasonable warning.
Cancellation of one booking does not cancel a recurring membership, fixed-term commitment or program enrolment. Membership cancellation must be completed separately under the applicable plan terms.
We may make a reasonable exception for an emergency or circumstances outside your control. You should contact us as soon as possible and provide reasonable supporting information if requested.
18. Cancellations or Changes by MBS Fitness
We may reasonably change a coach, class format, timetable, session location within the local area or equipment used. We will provide notice where practicable. A change of coach alone does not normally entitle a customer to a refund.
If MBS Fitness cancels a booked session, the session credit will be restored or we will offer a reasonable rebooking, make-up session or alternative. If we cannot provide a reasonable alternative, a refund or credit for the affected unused service will be offered as required by law.
Temporary closures or timetable changes may occur because of emergencies, unsafe conditions, severe weather, utility failure, public-health requirements, coach illness, repairs or circumstances outside reasonable control. We will act reasonably to minimise disruption and provide notice. If a closure materially prevents us from providing a paid service, we will offer an appropriate extension, credit, replacement service or refund having regard to the circumstances and the Australian Consumer Law.
19. Membership Freezes
Eligible adult recurring memberships may be frozen in weekly blocks for up to six weeks per calendar year unless a different allowance is stated at purchase. A freeze request must be sent to enquiries@mbsfit.net before the relevant billing period and cannot ordinarily be backdated. Future bookings may be cancelled while the freeze is active.
Class packs, casual sessions, upfront terms, Kids and Youth plans, Personal Training plans and fixed-term programs cannot automatically be frozen unless their specific terms allow it. We will reasonably consider additional or exceptional adjustments for serious illness, injury, relocation or hardship.
20. FOB Gym Access
FOB access is available only to approved members aged 18 or over who hold an eligible active plan, have completed the required induction, supplied current emergency details and signed the required health and risk documents. Current access hours are published by MBS Fitness and may be reasonably changed for safety, classes, events, maintenance or operational needs. Eligible members are currently permitted access between 5:00 am and 10:00 pm unless notified otherwise.
A FOB or digital access credential is personal, non-transferable and must not be shared. You must not allow another person to enter, prop a door open or bring a guest into an unstaffed facility without prior written approval. Lost or compromised access credentials must be reported immediately. Any replacement fee must be disclosed and reflect a reasonable cost.
FOB access may occur without a coach or staff member present. You must use equipment only as instructed, return equipment safely, keep exits clear, follow emergency procedures and avoid exercises or loads beyond your ability. You must not use FOB access while impaired by alcohol, illegal drugs or medication that makes training unsafe.
We may immediately suspend FOB access where reasonably necessary to protect safety, security, property or other users. We will investigate and provide an opportunity to respond where practicable. CCTV may operate for safety and security and will be managed under our Privacy Policy.
21. Health, Medical Information and Participant Responsibilities
Physical activity may not be suitable for every person. Before participating, you must disclose relevant injuries, medical conditions, pregnancy, medication, allergies, disability-related needs or limitations and update us when anything changes. We may require a health questionnaire, medical clearance or advice from an appropriate health practitioner before allowing or continuing participation.
You are responsible for deciding, with appropriate professional advice where needed, whether a service is suitable for you. You must follow reasonable coach instructions, use suitable clothing and footwear, remain hydrated, use equipment correctly and stop immediately if you feel unwell or experience pain, dizziness, chest discomfort, unusual shortness of breath or another concerning symptom.
MBS Fitness coaches provide fitness and boxing instruction within their qualifications and scope. They do not diagnose or treat medical conditions. Information about exercise, recovery, general wellbeing or nutrition is educational and does not replace advice from a doctor, physiotherapist, accredited practising dietitian or other appropriately qualified health professional.
22. Inherent Risks, Waivers and Emergencies
Boxing, strength training, cardiovascular exercise, mobility work and other physical activities involve inherent risks, including strains, falls, contact with equipment, aggravation of an existing condition and, in rare cases, serious injury. You acknowledge these ordinary risks and agree to participate within your ability, follow instructions and promptly report hazards or injuries.
Where required, participation is conditional on completing a separate participant waiver and risk acknowledgement. A parent or legal guardian must complete the required documents for a child. The waiver is separate from media and marketing consent. Nothing in these Terms or a waiver excludes, restricts or modifies any guarantee, right or liability that cannot lawfully be excluded, restricted or modified.
If we reasonably believe urgent assistance is required, you authorise us to provide first aid and contact an emergency service and your emergency contact. You remain responsible for ambulance or medical costs unless the law provides otherwise. This authority does not require MBS Fitness to provide medical treatment beyond the training and equipment reasonably available.
23. Conduct, Safety and Respect
Everyone must treat coaches, staff, contractors, members, children, families and visitors respectfully. Harassment, discrimination, bullying, threats, deliberate unsafe conduct, uncontrolled contact, theft, intentional damage, sexual misconduct, intoxication, illegal drug use and serious disruption are not permitted.
You must follow reasonable safety, hygiene, equipment, class and facility instructions. Boxing sparring or contact work may occur only with coach approval, appropriate equipment and supervision. You must not photograph, film or record another person without their permission and MBS Fitness approval.
We may remove a person from a session or temporarily suspend access immediately where reasonably necessary for safety or serious misconduct. For less serious or repeated concerns, we will ordinarily explain the concern and provide a reasonable opportunity to correct it before ending a membership.
24. Personal Property and Damage
You are responsible for personal belongings brought to the facility. MBS Fitness is not responsible for ordinary loss, theft or damage that was not caused by our failure to exercise due care and skill or another liability that cannot lawfully be excluded.
You must report damaged or unsafe equipment immediately and must not continue using it. A person who deliberately or negligently damages equipment or property may be required to pay the reasonable repair or replacement cost, taking account of fair wear and tear and applicable law.
25. Retail Purchases, Delivery and Returns
Retail products are subject to availability. Product descriptions, colours and images are provided as accurately as reasonably possible, but minor screen or manufacturing variations may occur. Where delivery is offered, estimated delivery times are not guaranteed, and we will provide reasonable information about a material delay or inability to supply.
In addition to legal rights, MBS Fitness offers a 30-day change-of-mind return for eligible physical goods that are unused, unworn, unwashed, in original condition and accompanied by proof of purchase. The customer is responsible for change-of-mind return costs, and original delivery fees are not ordinarily refundable.
Change-of-mind returns are not available for custom or personalised goods, gift cards, clearly marked final-sale items, or sealed hygiene and personal-use products such as mouthguards once the seal has been broken. These exclusions apply only to change-of-mind returns and do not remove rights relating to faulty, unsafe, incorrectly described or otherwise non-compliant goods.
Where a product does not meet a consumer guarantee, MBS Fitness will provide the remedy required by the Australian Consumer Law and will bear reasonable return costs where legally required. Proof of purchase may include an order confirmation, receipt or another reasonable record of the transaction.
26. Gift Cards and Promotional Vouchers
A purchased gift card will be valid for at least three years from the date of supply unless a lawful exception applies. Its expiry date and material restrictions will be shown when it is issued. A gift card cannot be redeemed for cash except where required by law and will not be replaced if lost, stolen or used without permission unless the problem was caused by MBS Fitness or the issuing system.
A promotional voucher supplied free of charge or at a genuine discount may have a shorter stated validity period where permitted by law. Promotional vouchers are subject to the conditions disclosed with the offer and cannot be sold or combined unless expressly allowed.
27. MBS Member Rewards and Referrals
Participation in the MBS Member rewards program is optional and subject to the current earning and redemption rules displayed in the website, app or member account. Points are promotional benefits, have no cash value, are personal to the member and cannot be sold or transferred unless MBS Fitness expressly permits it.
Points may be awarded only after the qualifying activity is completed and may be reversed where a purchase is cancelled, refunded, charged back, duplicated or obtained through error, misuse or fraud. Points expire after 12 months without qualifying account activity unless a different rule is clearly disclosed before the points are earned.
We may reasonably correct errors and change future earning or redemption rules. We will give reasonable notice of a material change affecting existing points and, if the program ends, provide a reasonable opportunity to redeem valid points where practicable. Nothing in the rewards program changes consumer-law rights.
A referral reward is available only under a current referral offer. Unless that offer states otherwise, the referred person must be a genuine new customer, use the eligible referral method and complete the qualifying paid purchase. Only one referrer may receive a reward for the same person. Self-referrals, duplicate accounts, unsolicited bulk messaging, misleading claims and other misuse are prohibited. A reward may be delayed or reversed if the qualifying purchase is cancelled, refunded, disputed or charged back.
The reward type, value and qualifying plan are those displayed in the referral offer when the referral is made. Referral rewards are not wages, commissions or cash entitlements unless the offer expressly says otherwise.
28. Promotions, Competitions and Prizes
A challenge, competition, giveaway, sponsorship offer or other promotion may have separate terms stating eligibility, entry period, judging or draw method, prizes, notification and redemption conditions. Those promotion-specific terms apply in addition to these Terms.
Unless expressly stated otherwise, a promotional benefit has no cash alternative, is not transferable and is limited to one per eligible participant. MBS Fitness may amend, suspend or cancel a promotion where reasonably necessary because of fraud, technical failure, legal requirements or circumstances outside reasonable control, but will not do so in a way that unfairly removes an already-earned benefit.
29. Website, App and Third-Party Platforms
The MBS Fitness website and app are provided to support information, accounts, purchases and bookings. We will take reasonable steps to maintain them but do not guarantee uninterrupted or error-free access. Temporary outages do not automatically create a refund entitlement where the underlying service remains reasonably available through another method.
Purchases made through Apple, Google, PayPal or another third-party platform may also be subject to that platform’s payment, account and technical terms. Those terms do not remove consumer rights against MBS Fitness that apply under Australian law.
The MBS Fitness name, logos, website copy, photographs, training resources, programs and other original content remain owned by MBS Fitness or the relevant rights holder. You may use them only for personal participation and must not reproduce, publish, sell or commercially exploit them without permission.
30. Privacy, Health Information, Media and Marketing
MBS Fitness handles personal information and health information in accordance with its Privacy Policy at https://www.mbsfit.net/privacy-policy. The Privacy Policy explains the information collected, why it is needed, how it is used and disclosed, overseas data handling, security, access, correction and complaints.
Attendance does not automatically provide consent for promotional photography or video. Identifiable images will be used for marketing only where appropriate separate consent has been obtained. A parent or legal guardian must provide consent for a child. Refusing media consent does not prevent participation. Consent may be withdrawn for future use by contacting us, although withdrawal may not require recall of material already lawfully published or printed.
Operational communications about bookings, payments, safety, access and service changes may be sent as necessary to provide the service. Marketing email or SMS requires the consent or other lawful basis required under Australian law. Marketing consent is optional, is not a condition of membership and may be withdrawn using the unsubscribe method provided or by contacting us.
31. Australian Consumer Law, Service Remedies and Refunds
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Services must be provided with due care and skill, be fit for an agreed purpose and be supplied within a reasonable time where no time is agreed. Goods must meet the applicable guarantees, including acceptable quality, fitness for purpose and correspondence with their description.
If a service has a major failure, you may be entitled to cancel the affected service contract and receive a refund for the unused portion or compensation for its reduced value. You may also be entitled to compensation for reasonably foreseeable loss or damage. If a service failure is not major, we are entitled to a reasonable opportunity to fix the problem. Remedies for goods depend on whether a failure is major or minor.
Statements in these Terms that a payment, booking, session, membership or product is non-refundable or forfeited apply to change-of-mind, expiry, late cancellation or other circumstances where the law does not require a remedy. They do not exclude a refund, repeat service, replacement, repair, cancellation, compensation or other remedy required by law.
Where MBS Fitness agrees to a discretionary refund that is not legally required, it will ordinarily be returned to the original payment method. Reasonable processing time may depend on the payment provider.
32. Suspension and Termination by MBS Fitness
We may suspend a booking, membership, program or access credential where reasonably necessary because of an overdue payment, safety concern, serious misconduct, fraud, access sharing, repeated booking misuse, unlawful conduct or a material breach of these Terms.
Except where immediate action is reasonably required for safety or security, we will ordinarily explain the issue and provide a reasonable opportunity to respond or correct it. Termination will be proportionate to the concern and will not be used to impose an unfair penalty.
If we end an agreement without a breach by you and cannot provide the remaining paid service, we will provide an appropriate refund or credit for the unused portion. If termination follows your breach, amounts for services already supplied and reasonable loss caused by the breach remain payable, subject to the Australian Consumer Law and unfair-contract-term protections.
33. Complaints and Dispute Resolution
Please raise a complaint with MBS Fitness first so we have an opportunity to address it. You can email enquiries@mbsfit.net, call 0434 029 537 or write to MBS Fitness at 115 Cove Hill Road, Bridgewater, Tasmania 7030. Include your name, contact details, relevant booking or transaction information, the issue and the outcome you are seeking.
We will acknowledge and assess a complaint within a reasonable time and aim to provide a substantive response within 10 business days. A complex matter may take longer, in which case we will provide an update.
Nothing in these Terms prevents you from contacting Consumer, Building and Occupational Services Tasmania, the Australian Competition and Consumer Commission, the Office of the Australian Information Commissioner, the NDIS Quality and Safeguards Commission, your bank or payment provider, a court or tribunal, or another body with jurisdiction.
34. Changes to These Terms
We may update these Terms to reflect changes in services, systems, prices, operations or law. A new version applies to purchases made after its stated effective date.
For an active recurring membership, we will give reasonable notice of a material change that affects your rights or obligations. If a change materially disadvantages you, you may cancel before it takes effect without an additional cancellation fee. We will not retrospectively change the agreed price of a completed upfront purchase or use a change clause to remove a right that cannot lawfully be excluded.
Minor administrative, contact or clarification changes that do not materially disadvantage customers may take effect when published. The current version and effective date will be displayed on this page.
35. General Legal Terms
These Terms, together with the relevant checkout information, plan terms, order confirmation, Privacy Policy, participant waiver and any applicable service agreement, record the agreement for the relevant service. Nothing in this clause excludes a representation or right that cannot lawfully be excluded.
If part of these Terms is found invalid or unenforceable, it will be read down or removed to the minimum extent necessary and the remaining Terms will continue to apply. A delay in enforcing a right does not waive that right.
You may not transfer an agreement, membership, credit or booking without our written approval. MBS Fitness may transfer its rights and obligations only where this does not materially reduce your rights and we provide reasonable notice.
These Terms are governed by the laws of Tasmania and the applicable laws of Australia. The courts and tribunals with jurisdiction in Tasmania may hear disputes, but this does not restrict any right to bring a claim in another forum where the law permits.
36. Contact MBS Fitness
Questions, cancellations, freezes, payment enquiries, complaints and requests under these Terms can be directed to MBS Fitness by email at enquiries@mbsfit.net, by telephone on 0434 029 537, through the available website or member-account contact function, or by post or in person at 115 Cove Hill Road, Bridgewater, Tasmania 7030.
When contacting us about a membership or payment, please provide the member’s full name and the email address used for the account so we can identify and action the request accurately.