1. What Offpeak Gyms is, and is not

Offpeak Gyms (ABN 21 554 903 234) operates a website where people book and pay in advance for a single visit to your gym, during hours you choose to list.

Offpeak Gyms is a booking and payment service only. We do not own, lease, occupy, control, staff, inspect, maintain or supervise your premises, equipment or activities, and have no ability to do so. You remain at all times the occupier and operator of your premises.

2. What you agree to do

For every person attending through Offpeak Gyms, you will:

• treat that person as your own casual visitor for all purposes, including safety, supervision and duty of care;
• require them to complete the same waiver, health declaration, induction and sign-in process you require of any other casual visitor, before they use any equipment;
• check that their photo identification matches the name on the booking;
• keep your premises and equipment in safe and serviceable condition;
• provide the supervision, instruction and emergency procedures you provide to your own members;
• hold and maintain current public liability insurance covering non-member and casual visitors, and provide a certificate of currency on request;
• comply with all work health and safety, consumer and other laws applying to your business.

3. Responsibility for injury, loss and damage

3.1 You are solely responsible for any injury, illness, death, loss or damage suffered by any person at or arising from their attendance at your premises, including any person who booked through Offpeak Gyms.

3.2 Offpeak Gyms has no responsibility for the condition, safety or suitability of your premises, equipment, staff, instruction or supervision, and gives no warranty about any of them.

3.3 You acknowledge that Offpeak Gyms does not inspect your premises or equipment and relies entirely on your compliance with clause 2.

4. Indemnity

4.1 You indemnify Offpeak Gyms, and its officers, employees and contractors, against all claims, actions, demands, losses, damages, costs and expenses (including reasonable legal costs) arising out of or in connection with: any injury, illness, death, loss or damage occurring at or arising from your premises; the condition of your premises or equipment; any act or omission of you or your staff, contractors or agents; your breach of this agreement; or your failure to obtain a waiver, induction or health declaration from a person attending through Offpeak Gyms.

4.2 This indemnity does not apply to the extent a claim is caused by Offpeak Gyms' own negligence, fraud or wilful misconduct.

4.3 This indemnity survives the end of this agreement.

5. Insurance

5.1 You must maintain the insurance described in clause 2 for the term of this agreement and for seven years afterwards.

5.2 You must tell us in writing within 7 days if that insurance is cancelled, lapses, or is materially changed.

5.3 If your insurance lapses, we may immediately remove your listing without notice.

6. Money

6.1 The member pays the session price you set, plus a booking fee retained by Offpeak Gyms.

6.2 You receive 80% of the session price. Offpeak Gyms retains 20% of the session price and the whole booking fee.

6.3 Payment is processed by Stripe and paid into your own Stripe account on Stripe's standard payout schedule. Offpeak Gyms does not hold your money at any point.

6.4 You are responsible for your own tax obligations, including GST, on amounts you receive.

7. Bookings, refusals and refunds

7.1 You will admit any person holding a valid confirmed booking during their booked hour, except as set out in clause 7.2.

7.2 You may refuse entry to a person who cannot produce photo identification matching the booking, refuses to complete your waiver or induction, is intoxicated or behaving unsafely, or has previously been blocked by you.

7.3 Where entry is refused under clause 7.2, or where you are closed or cancel the session, we refund the member and you are not paid for that booking.

7.4 Where a member does not attend and did not cancel, the booking is treated as used and you are paid.

8. Members' personal information

You receive each member's name and email address so you can admit them and meet your own record-keeping obligations. You must handle that information in accordance with the Privacy Act 1988 (Cth), use it only for that purpose, and must not add any person to a marketing list without their express consent.

9. Term and ending it

9.1 This agreement starts on the date signed and continues until either party ends it.

9.2 Either party may end it at any time, in writing or through the dashboard, with no notice period and no fee.

9.3 Bookings already made and paid for must be honoured, or the member refunded.

9.4 Clauses 3, 4, 5 and 8 survive the end of this agreement.

10. General

10.1 Nothing in this agreement excludes, restricts or modifies any right or remedy that cannot be excluded, restricted or modified under the Australian Consumer Law or any other applicable law.

10.2 Neither party is the employee, agent, partner or joint venturer of the other.

10.3 This agreement is governed by the laws of New South Wales.

10.4 Any change must be agreed in writing by both parties.

10.5 If any clause is found unenforceable, the rest continues to apply.