Membership Terms

These Terms and Conditions (“Terms”) govern subscription access (“Memberships”) for all Strength Success (in-person) (“Group Training”), Strength Success (on Zoom) (“Group Training on Zoom”) and DanceBody Odyssey (“Group Classes”) (together “Group Sessions”), including Memberships that include access to both Group Training and Group Classes (“Fusion Memberships”) and Strength Success On Demand Online Studio access (“Online Studio”) provided by The Phoenix Tribe (“we”, “us”, or “our”) to you, the individual member (“you” or “Member”).

By activating a Membership, attending a class, or making any payment, you confirm that you have read, understood, and agree to be bound by these Terms.

1. Membership Eligibility and Term

• 1.1. You must be at least 18 years old and have legal capacity to enter into a binding contract under the laws of New South Wales, Australia.
• 1.2. Each Membership is personal to you and non-transferable. You may not share, assign, or permit another person to use your Membership or attend on your behalf.
• 1.3. All Memberships commence on the start date confirmed upon sign-up and are for an initial minimum term of 12 weeks (“Initial Term”), after which your Membership continues on a fortnightly basis unless cancelled in accordance with clause 12.

2. Payments and Billing

• 2.1. Memberships are paid in fortnightly instalments via direct debit from your nominated card through the Stripe secure payment gateway.
• 2.2. The first instalment is processed on the Monday of the week your Membership begins and will be processed fortnightly thereafter.
• 2.3. You authorise us (via Stripe) to debit your nominated card for all fees due under your Membership and any applicable taxes.
• 2.4. If a payment attempt fails, we will automatically re-attempt to process the payment within a reasonable timeframe. If, after three (3) consecutive attempts, payment cannot be successfully processed, your Membership will be suspended until the outstanding balance is paid in full. You remain responsible for all overdue amounts and any reasonable costs incurred in recovering such amounts.

3. Price and Term Changes

• 3.1. We may change membership fees or billing cycles on at least 30 days' prior notice sent to the email address registered on your account. If you disagree with the change you may cancel before the new fees take effect; continued use after the effective date constitutes acceptance.
• 3.2. We may modify, suspend or discontinue any Group Session on reasonable notice without liability, except that if we permanently cease a Group Session we will refund any prepaid fees for the unused portion of the current billing period.

4. Pre-Selection and Class Bookings

• 4.1. Due to limited class sizes, Members must pre-select their preferred Group Training and Group Training on Zoom sessions(s) at the time of joining.
• 4.2. Bookings and pre-selection are not required for Group Classes; however, these may still be subject to capacity limits.
• 4.3. Your selected class(es) form part of your Membership commitment. Consistent attendance supports fair allocation and class stability.

5. Make-Up Sessions

• 5.1. General Rule:
  • 5.1.1. Make-up sessions are granted at the discretion of The Phoenix Tribe, subject to class availability and notice requirements as set out in this clause 5, must be completed within 14 days of the missed session and may only be booked during an active Membership.
• 5.2. Group Training and Group Training on Zoom:
  • 5.2.1. If you cannot attend your regular, pre-selected Group Training or Group Training on Zoom session, you must provide at least 24 hours' written notice by emailing hello@thephoenixtribe.com.au.
  • 5.2.2. If less than 24 hours' notice is provided, the session is forfeited.
  • 5.2.3. Make-up sessions may be requested in writing via email to hello@thephoenixtribe.com.au and may be approved at the discretion of The Phoenix Tribe if space is available in the alternative class you nominate.
  • 5.2.4. Approved make-up sessions must be taken within 14 days of the missed session.
• 5.3. Group Classes:
  • 5.3.1. Make-up Group Classes must also be taken within 14 days of the missed class and are subject to availability.
• 5.4. Make-up sessions cannot be accrued or transferred to another person or future term.

6. Public Holidays

• 6.1. We may, at our sole discretion, decide whether to run or cancel any Group Session that is scheduled to take place on a day that is a gazetted public holiday in New South Wales, Australia (“Public Holiday”).
• Nothing in these Terms obliges us to run, or to cancel, a Group Session on a Public Holiday, and our decision may vary between Public Holidays and between different Group Sessions on the same Public Holiday.
• 6.2. Cancellation of a Group Session Due to a Public Holiday:
  • 6.2.1. If we cancel a Group Session because it falls on a Public Holiday, no refund, credit, fee reduction, or other compensation will be provided for the cancelled session.
  • 6.2.2. Your Membership will not be placed on hold, paused, extended, or otherwise adjusted as a result of the cancellation.
  • 6.2.3. We will offer you a make-up class to account for the cancelled session. Any such make-up class must be attended within four (4) weeks of the date of the cancelled session, is subject to class availability and capacity, and must be booked in accordance with clause 5.
  • 6.2.4. If you do not attend the offered make-up class within the four (4) week period specified in clause 6.2.3, the make-up class is forfeited and no further make-up session, refund, credit, or other remedy will be provided.
  • 6.2.5. Make-up classes offered under this clause 6 are subject to clause 5.4 and cannot be accrued, banked, or transferred to another person or future billing period.
• 6.3. Group Session Runs on a Public Holiday - Non-Attendance by Member:
  • 6.3.1. If we choose to run a Group Session on a Public Holiday and you elect not to attend, your absence will be treated as a standard missed session. The make-up provisions in clause 5 apply, including the 24-hour notice requirement for Group Training and Group Training on Zoom under clause 5.2.1.
  • 6.3.2. No additional refund, credit, fee adjustment, or supplementary make-up session will be provided by reason of the session falling on a Public Holiday.
• 6.4. Notice of Public Holiday Arrangements:
  • 6.4.1. We will use reasonable endeavours to notify Members of any cancellation or schedule change affecting Group Sessions on a Public Holiday at least seven (7) days in advance by email or other communication method we ordinarily use. However, failure to provide such notice does not affect the validity of the cancellation or our rights under this clause 6.
• 6.5. Acknowledgement:
  • 6.5.1. You acknowledge and agree that Public Holidays are published and known in advance, that Group Sessions may from time to time fall on Public Holidays, and that no adjustment to Membership fees, billing frequency, or Membership duration will be made on account of Group Sessions that fall on, or are affected by, a Public Holiday.
  • 6.5.2. You further acknowledge that the make-up class arrangements set out in this clause 6 represent your sole and exclusive remedy in respect of any Group Session cancelled or affected by a Public Holiday.

7. Membership Holds (Downgrade to Online Studio program)

• 7.1. Eligibility and Duration:
  • 7.1.1. After completing the Initial Term, you may place your Membership on hold in one-week blocks, for a maximum total of 8 weeks per calendar year.
• 7.2. Nature of Hold:
  • 7.2.1. A “hold” is not a full freeze. Instead, your Membership will be temporarily downgraded to your included Online Studio access (according to the Membership type) for the duration of the hold. This ensures your place in class remains secured and supports fairness for all Members, including waitlisted Members.
• 7.3. Notice:
  • 7.3.1. You must provide a minimum of 2 weeks' written notice of your intention to place your Membership on hold by emailing hello@thephoenixtribe.com.au
• 7.4. Hold Fees:
  • 7.4.1. During your hold period, your regular billing is replaced by a reduced hold fee of AUD $19 per week, which includes continued Online Studio access.
• 7.5. Payment and Access:
  • 7.5.1. The applicable hold fee will be debited fortnightly in advance during the hold period. At the end of the hold, your Membership will automatically revert to full access and standard billing.
• 7.6. Limitations:
  • 7.6.1. Holds cannot be backdated, split into partial weeks, or extended beyond 8 total weeks per calendar year. Any unused hold time does not roll over into the next year.

8. Upgrades and Downgrades

• 8.1. You may request to upgrade your Membership at any time by giving one week's written notice to hello@thephoenixtribe.com.au.
• 8.2. You may request to downgrade your Membership after the Initial Term by giving two weeks' written notice to the same address.
• 8.3. All upgrades and downgrades are subject to confirmation and payment adjustments in accordance with the applicable Membership type.

9. Indemnity

• 9.1. You indemnify and hold us, our officers, employees, contractors and agents harmless from and against any claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of or in connection with:
  • 9.1.1. your breach of these Terms;
  • 9.1.2. your negligent, wrongful or unlawful acts or omissions; or
  • 9.1.3. any content you upload or transmit that infringes the rights of any person.

10. Limitation of Liability

• 10.1. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy implied or imposed by the Australian Consumer Law or any other law that cannot lawfully be excluded or limited.
• 10.2. Subject to clause 9.1, and to the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the Group Sessions, use of the Online Studio or these Terms (whether in contract, tort, statute or otherwise) is limited to:
  • 10.2.1. the total fees actually paid by you for the Membership in the 3-month period preceding the event giving rise to the claim.
• 10.3. To the maximum extent permitted by law, we exclude liability for any indirect or consequential loss, loss of profit, loss of business opportunity, damage to property, loss of data or damage to reputation.

11. Suspension or Termination by The Phoenix Tribe

• 11.1. We reserve the right to suspend or terminate your Membership immediately if you:
  • 11.1.1. Fail to pay fees when due;
  • 11.1.2. Breach these Terms;
  • 11.1.3. Engage in behaviour that is unsafe, disruptive, or contrary to our policies; or
  • 11.1.4. Are required by law to be restricted from participation.
• 11.2. In such cases, no refund or credit is provided, except as required by law.
• 11.3. Clauses that by their nature should survive termination (including clauses 1, 8, 9, 12, 13, 14, 15 and 16) shall survive.

12. Cancellation

• 12.1. You may cancel your membership at any time after the Initial Term, by providing two weeks' written notice of cancellation. To provide valid notice of cancellation, please send your cancellation request to our Member Support Team at hello@thephoenixtribe.com.au. Your cancellation will take effect at the end of your current paid billing period, and your Membership will remain active until that date. No further payments will be charged after your cancellation becomes effective. Your cancellation becomes effective at the end of the current paid fortnightly period. You will retain access until that date.
• 12.2. Your cancellation request will be deemed received when it is delivered to our inbox. Upon receipt of your cancellation request, we will send you a confirmation email within 3 Business Days. If you do not receive confirmation, please contact us to ensure your request has been processed.
• 12.3. Please be aware that we do not provide refunds for any unused portion of a billing period that has already commenced, except as required by law or as otherwise stated in these Terms.
• 12.4. After your membership is cancelled and the current billing period ends, your access to the Group Sessions and Online Studio access will be terminated. If you wish to rejoin in the future, you may do so by re-applying for a Membership, subject to the then-current Terms and fees.

13. Health and Safety

• 13.1. You acknowledge that participation in physical exercise carries inherent risks, including but not limited to muscle strain, injury, illness, property damage, or death. You voluntarily and knowingly assume full responsibility for all such risks, whether foreseen or unforeseen, arising out of or in connection with your participation in the Group Sessions or use of the Online Studio, including risks caused by your own acts or omissions, the acts or omissions of others, or the condition of any premises, facilities, or equipment used.
• 13.2. You must consult a qualified healthcare professional before commencing or resuming participation in any Group Session or accessing the Online Studio, especially if you are pregnant, injured, have recently undergone surgery, or have any chronic or acute medical condition that could affect your ability to safely participate.
• 13.3. You agree to disclose to us any relevant health conditions, injuries, or circumstances that may impact your participation. You acknowledge that failure to disclose such information may increase your risk of harm and that The Phoenix Tribe, its directors, employees, contractors, and agents will not be liable for any injury or loss arising from your omission to disclose or from inaccurate disclosure.
• 13.4. By activating a Membership, attending a Group Session, or accessing the Online Studio, you warrant that:
  • 13.4.1. you have obtained appropriate medical advice confirming that you are fit to participate in Group Sessions or access the Online Studio;
  • 13.4.2. you are physically and medically capable of undertaking physical exercise; and
  • 13.4.3. you will immediately cease participation and seek medical advice if you experience pain, dizziness, shortness of breath, discomfort or any unusual symptoms.
• 13.5. Conduct During Classes and Sessions:
  • 13.5.1. You acknowledge and agree that:
    • 13.5.1.1. If you arrive late to a Group Session, you may miss the scheduled warm-up and that participation thereafter increases your risk of injury.
    • 13.5.1.2. You will follow all instructions, guidance, and safety directions given by our instructors, trainers, or facilitators.
    • 13.5.1.3. You will use all equipment and facilities in a safe, appropriate, and responsible manner.
    • 13.5.1.4. You will immediately stop participating and seek medical advice if you experience any pain, discomfort, dizziness, or other concerning symptoms.
  • 13.5.2. Any injury, illness, loss, or damage arising from your failure to comply with this clause 13.5 is solely your responsibility, and The Phoenix Tribe expressly excludes all liability for any such injury, illness, loss, or damage to the fullest extent permitted by law.
• 13.6. To the fullest extent permitted by law, including under the Australian Consumer Law, we exclude all liability (whether in contract, tort including negligence, equity, statute, or otherwise) for any loss, damage, injury, illness, or death you may suffer arising out of or in connection with your participation in the Group Sessions, or reliance on any information provided by us.
• 13.7. Use of the Online Studio:
  • 13.7.1. Where you participate in Group Training on Zoom or access the Online Studio, you acknowledge and agree that:
    • 13.7.1.1. You are solely and exclusively responsible for selecting, inspecting and maintaining a safe and suitable environment for participation. This includes ensuring that the area is free from hazards, obstructions, loose objects, unsafe flooring, inadequate lighting, inadequate ventilation, insufficient ceiling height, unstable surfaces, or any other condition that may increase the risk of injury or property damage.
    • 13.7.1.2. You are solely and exclusively responsible for ensuring that any equipment you use (including but not limited to weights, resistance bands, mats, benches, platforms, or other props) are safe, fit for purpose, properly maintained, correctly assembled, and appropriate for your strength, fitness level and experience. We make no representation or warranty regarding the safety, suitability or condition of any equipment not directly supplied by us.
    • 13.7.1.3. You acknowledge that during use of the Online Studio, we cannot observe your technique, surroundings, or physical condition and cannot provide physical assistance, manual correction, spotting, or intervention. You accept full responsibility for exercising within your own limits and for modifying or ceasing any activity as necessary.
    • 13.7.1.4. You are solely responsible for ensuring that children, pets or other third parties do not interfere with your participation and that no third party is placed at risk as a result of your participation.
    • 13.7.1.5. You expressly assume all risks associated with participating in exercise activities in an unsupervised or remotely supervised environment, including increased risks arising from the absence of in-person instruction, direct supervision, equipment inspection, or environmental control.
    • 13.7.1.6. We do not own, lease, control, manage or supervise the premises from which you access the Online Studio or participate in Group Training on Zoom, and to the maximum extent permitted by law, we accept no responsibility or liability for the condition, safety or suitability of those premises or equipment.
  • 13.7.2. To the fullest extent permitted by law, you release and discharge The Phoenix Tribe, its directors, officers, employees, contractors and agents from any and all liability arising out of or in connection with:
    • 13.7.2.1. the condition of your chosen environment;
    • 13.7.2.2. the use or misuse of any equipment not supplied directly by us; or
    • 13.7.2.3. any act or omission on your part while participating remotely.
• 13.8. Unauthorised Participants:
  • 13.8.1. Only Members with a current and active Membership are permitted to participate in Group Sessions (including Group Training on Zoom) or access the Online Studio. You must not permit, invite, encourage, or otherwise facilitate any person who is not a Member (an “Unauthorised Participant”) to join, observe, follow along with, or otherwise participate in any Group Session or Online Studio class, whether on-screen, off-screen, in person, or by any other means. Any breach of this prohibition constitutes a breach of these Terms.
  • 13.8.2. If you permit, invite, encourage, or otherwise facilitate an Unauthorised Participant to join, observe, follow along with, or otherwise participate in a Group Session or Online Studio class (whether or not such participation is visible to us or to other participants), you:
    • 13.8.2.1. assume full and sole responsibility and liability for that Unauthorised Participant, including for any injury, illness, loss, damage, or death suffered by the Unauthorised Participant arising out of or in connection with their participation;
    • 13.8.2.2. warrant that you have informed the Unauthorised Participant of, and that the Unauthorised Participant understands and accepts, the risks of participation as set out in this clause 13, including the risks associated with participating in an unsupervised or remotely supervised environment; and
    • 13.8.2.3. agree to indemnify and hold harmless The Phoenix Tribe, its directors, officers, employees, contractors, and agents in accordance with clause 9.
  • 13.8.3. To the fullest extent permitted by law, The Phoenix Tribe expressly excludes all liability (whether in contract, tort including negligence, equity, statute, or otherwise) for any injury, illness, loss, damage, or death suffered by any Unauthorised Participant arising out of or in connection with their participation in any Group Session or Online Studio class. For the avoidance of doubt, an Unauthorised Participant is not a party to these Terms, does not hold a Membership, and is not entitled to any of the rights, benefits, or protections afforded to Members under these Terms or otherwise.
  • 13.8.4. A breach of this clause 13.8 constitutes a material breach of these Terms and may result in the immediate suspension or termination of your Membership in accordance with clause 11.
• 13.9. Nothing in this clause 13 excludes, restricts or modifies any right or remedy you may have under the Australian Consumer Law that cannot lawfully be excluded.

14. Privacy and Data

• 14.1. We collect and store personal information in accordance with our Privacy Policy, the Privacy Act 1988 (Cth), and the Australian Privacy Principles.
• 14.2. By becoming a Member, you consent to the collection, storage, and use of your data, including disclosure to third-party providers (e.g., Stripe) for payment processing and administration purposes.

15. Dispute Resolution

• 15.1. In the event of a dispute, you must first notify us in writing and allow 30 days to resolve the matter in good faith.
• 15.2. If unresolved, the dispute may be referred to mediation before proceeding to court.
• 15.3. If mediation is unsuccessful, the dispute shall be submitted to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

16. General Provisions

• 16.1. We may update these Terms from time to time. Any material changes will be notified to you by email and published on our website.
• 16.2. If any clause is found unenforceable, it will be severed, and the remaining provisions shall remain in full force.
• 16.3. These Terms constitute the entire agreement between the parties and supersede all prior understandings or agreements.

17. Governing Law

• 17.1. These Terms are governed by the laws of New South Wales, Australia and the parties submit to the non-exclusive jurisdiction of its courts and tribunals.

If you have any questions about these Terms, please contact our Member Support Team at hello@thephoenixtribe.com.au or write to The Phoenix Tribe, PO BOX 3730 Marsfield 2122, New South Wales, Australia.