Terms & Conditions

All Club Membership Terms & Conditions

Introduction and Agreement

1. By purchasing a membership to KĀYA Health Clubs (Kaya Prahran Pty Ltd, Kaya Emporium Pty Ltd, or Kaya Chadstone Pty Ltd) (“KĀYA”, “we”, “us”, “our”), you (the “member”, “you”) acknowledge that you have been given a copy of this agreement, read it, and agree to be bound by these terms. These terms and conditions govern your membership with KĀYA.
2. KĀYA is a registered member of AUSactive and complies with the National Code of Practice for the Health and Fitness Industry (the “Code”), published by AUSactive (ausactive.org.au). You acknowledge that the Code has been made available to you and this membership is offered under the provisions of the Code. If you believe KĀYA has breached the Code, you may lodge a complaint with AUSactive at ausactive.org.au.

Cooling-Off Period

1. You have a 7-day cooling-off period from the date of signing. You may terminate this agreement without reason within this 7-day period by completing the Cancellation Request Form and providing the completed form to us within the 7-day period. You acknowledge that the following charges will apply;

   (a) The cost of services provided by KĀYA to you during this 7 day period, and

   (b) A cancellation fee of $65.00.

2. If a written cancellation request is not received within the seven (7) day period, the membership will continue for the agreed minimum term.

Membership

1. Your Membership and these Terms and Conditions entitles you to the usage of equipment and resources at KĀYA Health Clubs in accordance with these Terms and Conditions.
2. You acknowledge that you have been given the option of choosing a membership based on a fortnightly billing agreement or pre-paid.
3. You must keep KĀYA informed of any change in your contact details, bank accounts or credit card details for payment, or any other information relevant to your Membership.
4. You acknowledge that any free/gifted membership time/training cannot be applied towards your membership minimum term or membership time freeze.
5. Failure to use the resources and equipment at KĀYA does not exclude the member from other obligations contained in this agreement.
6. KĀYA reserves the right to vary conditions of Membership, hours of operation and services offered by providing you with at least fourteen (14) days’ prior written notice. KĀYA reserves the right to vary the fees and charges after your minimum term has expired by providing you with a least fourteen (14) days’ prior written notice. Such notice may be provided by newsletter, social posts, email (to your last known address), the KĀYA APP and/or by notices on the KĀYA website or in the club.
7. Before booking and/or commencing any classes, training or exercise at KĀYA, you acknowledge that you have completed the Pre-Exercise Questionnaire provided to you by us and provided your completed Questionnaire to a KĀYA staff member.
8. Unlimited classes are limited to two online bookings per day. However, while you are in KĀYA clubs, you can book any other class that have 5 or more spots available up to 15 minutes prior to the class commencing. This offer is limited to the conditions stated, booking must take place via the club (reception) and is not available from our website.

Age Requirements

1. Membership is limited to persons who are at least 16 years of age.
2. Where a member is under 18 years of age, a parent or guardian must sign the Membership Agreement on behalf of, or jointly with, the member. The parent or guardian will be jointly and severally responsible for all obligations under this Agreement, including payment obligations.

Commitment Periods

1. Your Commitment Periods include an Initial Commitment Period and may also include Ongoing Commitment Periods. You are committed to a minimum initial period of membership from the start of the first full fortnightly billing period following your Membership Start Date as set out in your Membership Application Form (“Commitment”). On completion of your Initial Commitment Period, your membership will automatically continue for further fortnightly Commitment Periods (“Ongoing Commitment Periods”) unless your membership is terminated in accordance with the Cancellation Policy within these Terms and Conditions. Your membership will not automatically cancel after completion of your Initial Commitment Period.
2. Free or gifted time does not count towards the minimum membership term.

Time Freeze

1. Time Freeze is granted for a minimum of one (1) week up to a maximum of twelve (12) weeks per calendar year. Requests for Time Freeze must be submitted online via the KAYA APP no less than three (3) days prior to the commencement of the Freeze. Members may not train in the club during the period of their requested Time Freeze.
2. A Time Freeze Fee of a minimum of $5.00 a week & $0.71 per day thereafter will be charged during any such Freeze period. Members with pre-paid memberships are required to settle Freeze Fees at the time of submitting their Request to Freeze.
3. The Minimum Term Agreement will be extended by the period of the Time Freeze, therefore the member will be obliged to pay the minimum term agreement amount in addition to the Time Freeze period.
4. A member cannot freeze their membership during any free time period.

Membership Adjustment Rates

1. Upon the conclusion of your initial commitment period, please be aware that your membership rate may be subject to increase. The new rate will be communicated to you at least 14 days before the adjustment takes effect. This increase reflect changes in market conditions, enhancements to services, or other factors deemed necessary for maintaining quality and value. By continuing your membership beyond the initial term, you agree to the updated rate and terms.

Access

1. Digital membership card / QR code must be presented at reception prior to entry into the club. Entry will not be permitted without a current card / QR code.
2. Guests of members will be charged a Casual Membership Fee and must complete the Guest Register and Pre-Activity Readiness Questionnaire on arrival at each visit.
3. On joining, a photograph of you is required to allow KĀYA to verify your identity each time you enter the club.

Transfer of Membership during Minimum Term

1. If you become unable to complete your Minimum Membership Term, you may transfer the remaining part of your Membership to a third party (new members only) provided that a Transfer Fee of $130 is paid and provided the transferee taking on any corporate or student packages is also an existing full-time student / employee of KĀYA’s current registered corporate (proof of enrolment/employment required), otherwise the current standard membership rates will apply.
2. A minimum of six (6) debits must remain on your initial membership term and the third party must honour the remainder of the Minimum Membership Term, agreeing to be bound by the Terms and Conditions contained in this Agreement. You must notify KĀYA in writing of any intention to transfer your Membership to a third party. A membership that has been transferred is non-transferable. Past members of KĀYA are not eligible for a membership transfer.

Upgrades and Downgrades

1. Upgrading during minimum term: You may upgrade your membership to a higher tier (for example, from Core to Gold, or from single-club to dual-club) at any time during your minimum term. An upgrade does not require you to enter into a new minimum term agreement. The upgraded membership rate will apply from the next scheduled fortnightly debit following the change.

Upgrade Restrictions — Out-of-Term (New Members Only)

1. 12-month or 18-month minimum term agreements (including all foundation / presale rates, or other limited-time new member promotional rates) are available to new members only. Once your minimum term has expired and your membership has converted to an ongoing fortnightly agreement, you are not eligible to access a 12-month or 18-month membership package.
2. Standard rates apply on out-of-term upgrades: If you wish to upgrade your membership type or tier after the expiry of your minimum term, a new membership on a new minimum term must be established.

Downgrades

1. Downgrading during minimum term: You may not downgrade your membership to a lower tier or fewer inclusions during your current minimum term. Downgrades are only available once your minimum term has expired and your membership has converted to an ongoing fortnightly agreement.
2. Downgrading outside of minimum term: If you are on an ongoing fortnightly agreement, you may request a downgrade to a lower membership tier at any time by providing KĀYA with written notice. The downgrade will take effect from the next scheduled fortnightly debit following KĀYA’s written confirmation.

Downgrade restrictions:

1. You cannot downgrade to a tier that does not include services you are currently using, unless you agree to cease use of those services from the effective date of the downgrade (e.g., downgrading from Gold to Core means you will lose access to the Recovery Lounge from the effective downgrade date). A new membership on a new minimum term must be established.
2. Downgrading from a dual-club to single-club membership requires you to nominate a home club at the time of the request. Access to the non-home club will cease on the effective date of the downgrade. A new membership on a new minimum term must be established.

Gold Membership, Recovery Lounge & Sauna

1. The KĀYA Gold Membership is a premium tier that includes all entitlements of the Core Membership plus exclusive access to the KĀYA Recovery Lounge. Gold Membership is dual club access.
2. Recovery Lounge access: Gold Members are entitled to six (6) Recovery Lounge sessions per fortnightly debit cycle (Thursday to Wednesday). Sessions do not accumulate or roll over to the following cycle if unused.
3. Upgrade to Gold: Core Members may upgrade to Gold Membership at any time during their minimum term. Upgrading to Gold does not reset or extend the existing minimum term unless a new Membership Agreement is entered into. The Gold rate will apply from the next scheduled fortnightly debit following the upgrade.
4. Towel must be used when accessing the sauna.
5. Late cancel/ no show policy applies of $35 will apply (refer to specific booking conditions regarding notice period). The fee will be added to your next scheduled membership debit.
6. Strictly no more than two (2) at any time full paying Gold Members Per Sauna Session.
7. If member overstays recovery/Sauna session a $35 fee will be added to your next scheduled membership debit.
8. Any fob not returned at the end of a session will incur a $100 fee and will be added to your next scheduled membership debit.
9. Any towel hire not returned at the end of a session will incur a $35 fee and will be added to your next scheduled membership debit.
10. You acknowledge that Recovery Lounge services at KĀYA (including Compression, Red Light therapy and Sauna) are wellness and recovery services and are not medical treatments.
11. You understand KĀYA staff do not diagnose, prescribe or guarantee outcomes.
12. Contraindications: You must not use the Infrared Sauna, red-light therapy and/or compression if you have a condition contraindicated by heat therapy, including (but not limited to): pregnancy; cardiovascular conditions; hypotension; implanted devices (e.g. pacemakers); active infections or fever; or open wounds. If in doubt, obtain medical clearance from your treating health practitioner before use. KĀYA reserves the right to refuse access to the Recovery Lounge where a member presents with an apparent contraindication.
13. Damage liability: You will be liable for any damage to Recovery Lounge or sauna equipment caused by you.

Student Memberships (full-time only)

1. If you are a full-time student and acknowledge that KĀYA has provided you a preferential Student Membership Package you understand that the preferential rate will remain as long as you are a full-time student and undertake to provide KĀYA with a current student card every calendar year by 31st March.
2. KĀYA will accept identification such as:

• University/College/Tafe Student ID – the card must be valid & must display full-time status.
• University/College/Tafe Student Full-time Enrolment Confirmation – must state full-time on the enrolment confirmation document.
• A letter from the Student Dean at the University/College/Tafe stating that the member is currently enrolled as a full-time student.
• A current international student visa – a photocopy of the visa contained within the passport is required.

If you cannot provide KĀYA with current full-time student proof your Membership fortnightly fees will automatically revert to the equivalent regular membership fees (offered to the general public) at that time. This Membership change will take effect as of the first scheduled fortnightly direct debit after 31st March each calendar year.

1. If you qualify for a preferential Student Membership Package you have a maximum of seven days from initial join date to provide KĀYA with a current student card. Your membership joining and fortnightly fees will automatically revert to the equivalent regular membership fees (offer to the general public) if a current student proof cannot be provided within this period.

Corporate Memberships

Member

1. If you are on a Corporate Membership, you acknowledge that KĀYA has provided you a preferential Corporate Membership Package. You understand that the preferential rate will remain as long as you are employed by a KĀYA corporate partner. KĀYA will conduct annual checks to validate that you are still employed by a KAYA Corporate. In the instance that the Corporate ceases to be a KAYA corporate, you understand that your rate will revert to standard membership rate.
2. If you qualify for a preferential Corporate Membership Package you have a maximum of seven days from initial join date to provide KĀYA with confirmation of your employment. Your membership joining and fortnightly fees will automatically revert to the equivalent regular membership fees (offer to the general public) if confirmation cannot be provided within this period.
3. The following conditions apply to all Corporate Membership holders:

• Eligibility: Corporate rates are available only to current employees (full-time or part-time) of a registered KĀYA Corporate Partner. Contractors, volunteers, and casual employees are not eligible unless expressly included in the Corporate Partnership Agreement.
• Proof of employment: You must provide satisfactory evidence of current employment at the time of joining and annually by 31 March each year (or within seven (7) days of a KĀYA request). Acceptable evidence includes: an email from the business domain to us which illustrates your name, a business card, a current payslip; an employment confirmation letter on company letterhead; or a current company-issued staff ID. If proof is not provided within the required timeframe, your rate will automatically revert to the standard equivalent from the next scheduled fortnightly debit.
• Rate reversion on cessation of employment: If your employment with the Corporate Partner ceases for any reason, you must notify KĀYA in writing within seven (7) days. Your rate will revert to the standard equivalent from the next scheduled fortnightly debit following notification. Failure to notify KĀYA may result in recovery of the rate difference for the period of ineligibility.
• Rate reversion on Corporate Partner lapsing: If a Corporate Partner ceases to hold partner status with KĀYA, all affected employees may be given at least thirty (30) days’ written notice by KAYA before their rate reverts to the standard equivalent.
• Minimum term: All standard membership terms and conditions, privacy policy and rules and regulations including minimum term commitments, cancellation terms, and freeze conditions, apply to Corporate Memberships unless otherwise specified in the Corporate Partnership Agreement.

Corporate Registered Organisations 

1. A corporate organisation becomes a KĀYA Corporate Partner by entering into a Corporate Partnership Agreement with KĀYA. Corporate Partners must notify KĀYA promptly of any change in their business structure, name, or registration status. KĀYA will conduct annual eligibility checks to confirm that employees accessing corporate rates remain employed by a current Corporate Partner.

Foundation Membership Pricing Terms

1. When we open a new KĀYA location, we may offer Foundation Memberships. Where we offer Foundation Memberships, the following terms will apply to Foundation Memberships only:

• Only available for the new KĀYA location as notified by us.
• Available to new members / memberships only.
• Pre-sale foundation membership may be available for a period of time notified by us.
• Campaign may change, be withdrawn or extended anytime at discretion of KĀYA management.
• Any free time is added to your minimum term.
• First full debit will occur when the new KĀYA location officially opens.
• Standard club operating terms and conditions and rules and regulations apply as shown on KĀYA website.
• Any joining fees are payable at time of joining.
• Proof required for corporate, student, and senior memberships.

Fees and Payments

Payment Terms

1. A Fortnightly Membership Debit may be paid by a nominated bank account or credit card. Payments made by credit card will attract a credit card processing fee. Credit Card Fees will incur a 1.43% transaction fee on the total of amount debited. International Credit Cards have an additional 1.1% fee. Bank account Direct Debit have NO fees.
2. On each occasion that a scheduled fortnightly payment is declined for any reason, the Member gives permission to KĀYA to charge a Payment Declined Fee. The current decline fee of $10.00 may change without prior notice.
3. Should any payments, fees or other debts remain due but unpaid from any source, the Member acknowledges that KĀYA may suspend the Member’s use of the Membership Services until all payments, fees and other debts are paid in full. If payment is not received the Membership may be cancelled. KĀYA engages the services of a Debt Collection agency to manage member accounts with an outstanding debt and reserves the right to invoke a reasonable Administration Fee on overdue accounts. Members credit rating may be affected.
4. All fees and charges are subject to Clause 10 of this Agreement.
5. If you have opted to pre-pay your entire membership fee, any renewals thereafter must be for a new membership minimum term and payment must be received by KĀYA before the membership expires.
6. Specific acknowledgments: All members undertaking fortnightly debit membership payments must acknowledge and agree to the following:

• Your nominated bank account is debited on a fortnightly basis. The number of debits and amount is determined by your Minimum Term at the club.
• Your Membership will continue after the Minimum Term, until you cancel your membership by providing KĀYA with two (2) weeks written notice. Membership will then be cancelled after (1) further full fortnightly debit.
• On joining you are required to pay a Joining Fee. (returning members $65 reactivation fee within12 months, > 12 months full joining fee as per package)
• Whenever a payment is declined or returned unpaid, the outstanding amount, together with a Dishonour Fee will be charged to you.
• Payments will continue to be debited after the minimum term until the membership is cancelled by you in writing. You will be notified of the date the debits will cease when the cancellation request is received by KĀYA.

Late Cancellation or No Show

1. If you are unable to attend and/or late cancel within 2 hours of a scheduled class or recovery booking, appointment, course/workshop, a cancelation fee of $35 will apply (refer to specific booking conditions regarding notice period). The fee will be added to your next scheduled membership debit.
2. If you enrol into an Essential Course within 7 days of joining, the course will be complimentary (late/cancel and/or no-show fees still apply). This applies to all 3, 6,12 and 18 month minimum term memberships.

Sickness and Incapacity

1. If you become unable to use the club facilities by reason of permanent physical/medical incapacity, your membership will be cancelled immediately, provided that the incapacity is substantiated by a medical certificate from a qualified medical practitioner. Any cancellation will include the following charges:

• the cost of Services already provided by the Club, and
• an early departure Fee of $65.00.

For the avoidance of doubt, a permanent physical/medical incapacity is an incapacity that is lasting, stable and unlikely to change.

1. If you become unable to use the club facilities by reason of temporary physical/medical incapacity and provide a medical certificate from a qualified medical practitioner, you are entitled to Freeze your Membership for a minimum period of two (2) weeks up to a maximum period of twenty-six (26) weeks. However, you may not Freeze your Membership for a longer period than set out in the medical certificate. Your Membership will automatically recommence after the date you have specified in your Request to Freeze, with no remaining Freeze facility available for any cause.

Pregnancy

1. You acknowledge that you have completed a Pre-Exercise Questionnaire. You must notify KĀYA of any change in your health and fitness so that your training regime can be appropriately modified. In the event of pregnancy, members must notify KĀYA by completing a Pregnancy Acknowledgement form, and providing written permission to exercise at KĀYA from a treating medical practitioner before continuing to use the facilities.
2. You acknowledge that any advice and/or recommendation given to you by a KĀYA Fitness Leader is not intended to constitute medical diagnosis or treatment, nor should it be relied on as a suggested course of medical treatment for a particular individual. If you are in doubt, you should obtain medical advice prior to commencing any exercise program.
3. Not withstanding the above, upon notifying KĀYA that you are pregnant KĀYA will advise you of what class disciplines you can participate in whilst pregnant. A full list of these class disciplines is available from reception.

Physical Condition

1. You must not use any KĀYA facilities whilst suffering from any infections or contagious illness, disease or other ailment or whilst suffering from any physical ailment such as open cuts, sores, or minor infections where there is a risk (however small) to other members and guest.

Personal Training and Services

1. From time to time, KĀYA may promote licensees who offer services such as personal training, nutrition consultation, massage and/or ancillary services.
2. Any claim you may have as a result of an act or failure to act by such a licensee (whether or not payment has been made to the licensee) will be brought against, and will be the responsibility of that licensee. You hereby release, indemnify and keep indemnified KĀYA for any claim by you as a result of an act or omission by a licensee. You must notify KĀYA immediately if you have a claim against a licensee. KĀYA will at all times assist, where possible, to resolve any conflict or issues with licensees.
3. You acknowledge that instructors, personal trainers, licensees and therapists are available at KĀYA and their services shall be taken up at your sole discretion.

Assumption of Risk

1. You are aware that the use of the premises and its facilities and your participation in classes and programs conducted by KĀYA may involve strenuous activity and special risks.
2. You understand that you will be engaging in activities that may involve risk of personal injury or illness and which may also involve the risk of economical/property loss and damage. You also understand that there may be risks involved that are not known to you or to KĀYA, or may not be foreseen or reasonably foreseeable at this time or at the time of using the club facilities or participating in the class/fitness program. Subject to the consumer guarantee notice in the Limitation of Liability clause, you accept personal responsibility for any injury, illness, damage, loss, claim, liability or expense that you may suffer arising out of or in connection with the use of club facilities or participation in classes/fitness programs, where such loss is not caused or contributed to by any negligent act or omission of KĀYA or its respective owners, directors, officers, employees, licensees, contractors or agents. Your assumption of risk does not extend to any failure by KĀYA to exercise due care and skill in the provision of its services.

Code of Conduct and Club Rules and Regulations

1. You agree to be bound by and to uphold the KĀYA Rules and Regulations. You acknowledge that you have been provided with, or directed to, a copy of the current Rules and Regulations. The Rules and Regulations may be updated by KĀYA from time to time. KĀYA will use reasonable endeavours to notify you of any material changes via email, social channels, newsletter, website or signage in the club prior to such changes taking effect.

Cancellation Policy

1. You agree that your Membership may be cancelled by KĀYA if you do not adhere to the Guidelines, or your behaviour in KĀYA is not acceptable or for any other reason that the management of KĀYA decides is appropriate. KĀYA reserves the right to refuse future Membership to you in these circumstances.

2. Except where set out elsewhere in this Agreement, cancellation within the Minimum Membership Term is only permitted by payment of a departure fee based upon the remaining period of your Minimum Membership Term. If between $395 and $795 remains owing a total of $395 is payable. If >$795 remains owing a total of 50% of remaining Membership fees is payable. If <$395 remains owing, full membership fees is payable.

3. Additionally, you may cancel your Membership during the Minimum Term without incurring a departure fee if KĀYA is in breach of a consumer guarantee under the Australian Consumer Law and the breach is not remedied within a reasonable time.

4. The fortnightly debit automatically continues after the end of the Minimum Membership Term, unless your membership is cancelled two (2) weeks prior to the end of your Minimum Membership Term or anytime thereafter by notifying KĀYA in writing of your intention to cancel. Upon receiving your request to cancel your Membership, we will send you a confirmation in writing that your Membership will be cancelled. Membership will then be cancelled after one (1) further full fortnightly payment after the confirmation is sent by us. A cancellation request by a member does not constitute automatic cancellation of membership. The member must receive written confirmation from KAYA confirming a cancellation.

Liability and Indemnity

1. Under the Australian Consumer Law (Victoria), several statutory guarantees apply to services. These guarantees mean that KĀYA must ensure that its recreational services are rendered with due care and skill and are reasonably fit for purpose. Under section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic), KĀYA is entitled to ask you to agree that these guarantees do not apply to you. By agreeing to this Agreement, you agree that your right to sue KĀYA under the Australian Consumer Law if you are killed or injured because the recreational services provided were not in accordance with these guarantees is excluded, restricted or modified as set out in this Agreement. This exclusion applies only to recreational services. Consumer guarantees for non-recreational services (including due care and skill) are not excluded.
2. Subject to the consumer guarantee notice above and to the extent permitted by law, you release and discharge KĀYA from all claims arising from or in connection with your Membership and/or use of KĀYA facilities and equipment. This release does not apply to any claim arising from the negligence of KĀYA or its owners, directors, officers, employees, licensees, contractors or agents, nor does it exclude or limit any consumer guarantee or right that cannot be excluded under the Australian Consumer Law.

1. In consideration of the grant of membership to you, you agree that KĀYA will not be liable for any loss, damage or theft of any of your (or your guest’s) property except where caused by the gross negligence of KĀYA. Further, KĀYA will not be liable for any death, personal injury or illness occurring on club premises or as a result of use of facilities or equipment, except to the extent that it arises from the gross negligence of KĀYA and its respective owners, directors, officers, employees or agents.

Temporary Closures

1. In the event the KĀYA location you are a member of is temporarily closed because of circumstances outside of our control, your membership will be paused without charge for the duration of the temporary closure and recommence once the KĀYA location reopens.

Facility Safety and OHS

1. KĀYA complies with its obligations under the Occupational Health and Safety Act 2004 (Vic) (OHS Act) to ensure, so far as is reasonably practicable, the health, safety and welfare of members, visitors, licensees, contractors and employees at its facilities. KĀYA regularly conducts and documents risk assessments of its facilities, services and equipment as part of a comprehensive risk management program including emergency plans and procedures. All equipment conforms to relevant industry safety standards and is maintained in accordance with manufacturer’s written instructions. First aid kits are located at reception.
2. You are required to report any safety hazard, near-miss, or incident occurring on KĀYA premises to KĀYA staff immediately. Incidents involving death or serious injury must be reported by KĀYA to WorkSafe Victoria immediately under the OHS Act 2004 (Vic).

Australian Consumer Law — Consumer Guarantees

1. Our services come with consumer guarantees under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) that cannot be excluded. These include the guarantee that services will be rendered with due care and skill. Nothing in these Terms and Conditions excludes, restricts or modifies any consumer guarantee, right or remedy you have under the ACL that cannot lawfully be excluded. Where KĀYA is in breach of a consumer guarantee, you may be entitled to a remedy including a refund, re-performance of the service, or compensation for any reasonably foreseeable loss.

Privacy Policy

1. We collect personal information to manage your membership. All personal information will be handled in accordance with our Privacy Policy.