Moose Club
User Terms of Use
1. How Moose Works
Moose is a platform that enables fitness studios to form direct cross-venue access partnerships with other Participating Studios.
Your Home Studio makes the Moose Upgrade available to you as an add-on to your underlying membership with them.
The Moose Upgrade allows you to access Crossover Sessions at your Home Studio's Partner Studios, and may also give you access to Other Features.
Your Moose Upgrade is Connected to your underlying membership with your Home Studio. If that underlying membership ends, is suspended, is no longer eligible, or otherwise stops supporting the Moose Upgrade, your access to Moose may also end, suspend or change.
Partner Studios are independently operated. Each Partner Studio is responsible for its own venue, classes, instructors, staff, equipment, facilities, services, rules, policies, waivers and directions.
2. Acceptance of Terms
By creating an account, signing up for Moose, taking up the Moose Upgrade, booking or attending a Crossover Session, accessing a Partner Studio through Moose, or otherwise using Moose, you accept and agree to be bound by these Terms.
You also agree to comply with any applicable terms, conditions, rules, policies, waivers, safety requirements and reasonable directions of your Home Studio and any Partner Studio you book with, attend or seek to attend through Moose.
If you do not agree to these Terms, you must not sign up for, access or use Moose.
3. Liability Waiver and Risk Acknowledgement
By signing up for Moose, taking up the Moose Upgrade, booking or attending a Crossover Session, accessing a Partner Studio through Moose, or otherwise using Moose, you acknowledge and agree that:
- Moose is a platform and does not own, operate or control your Home Studio, any Partner Studio, or their venues, classes, instructors, staff, equipment, facilities or services.
- Fitness, training, wellness and physical activity involve inherent risks, including risk of injury, illness, property loss or damage and, in rare cases, serious injury or death.
- You are responsible for deciding whether you are fit, healthy and able to safely participate in any class, session or activity you book or attend through Moose.
- You must comply with the applicable terms, rules, policies, waivers, safety requirements and reasonable directions of any Home Studio or Partner Studio you attend through Moose.
- To the maximum extent permitted by law, Moose is not responsible for any injury, illness, incident, loss, damage, claim, conduct, service failure, venue condition, equipment issue, instructor issue, staff conduct or other matter arising from or connected with a Home Studio or Partner Studio.
- Nothing in this section excludes, restricts or modifies any right, remedy, guarantee or obligation that cannot be excluded, restricted or modified by law.
4. Partner Studio terms, policies and directions
Each Partner Studio is independently operated and may have its own terms, conditions, rules, policies, waivers, safety requirements and directions.
By booking, attending or seeking to attend a Crossover Session or any other service at a Partner Studio, you agree to comply with that Partner Studio's applicable terms, conditions, rules, policies, waivers, safety requirements and reasonable directions.
It is your responsibility to review and keep up to date with the applicable terms, conditions, rules, policies, waivers and safety requirements of any Partner Studio you book with or attend through Moose.
A Partner Studio may refuse access, cancel your booking, remove you from a class or session, or impose reasonable conditions on your attendance if you do not comply with its applicable terms, conditions, rules, policies, waivers, safety requirements or reasonable directions.
Moose is not responsible for the content, operation, application or enforcement of any Partner Studio's terms, conditions, rules, policies, waivers, safety requirements or directions.
5. Eligibility
You must be at least 18 years old to use Moose.
Your Home Studio may determine which of its membership products are eligible for the Moose Upgrade, subject to Moose's Platform settings and requirements.
If you no longer hold an eligible underlying membership with your Home Studio, your Moose Upgrade may end, suspend or change.
6. Moose Upgrade
The Moose Upgrade is an add-on made available through your Home Studio.
Your Moose Upgrade gives you access to Crossover Sessions at your Home Studio's Partner Studios, subject to these Terms, the Platform, your available Credit entitlement, and any applicable Partner Studio terms, policies, waivers, safety requirements and directions.
Your Moose Upgrade may also give you access to Other Features.
Your Moose Upgrade gives you a number of Credits for each Cycle. The number of Credits you receive depends on the Moose Upgrade you sign up for.
Credits may be used to book Crossover Sessions or access Other Features.
Moose may determine, vary, update or replace how Credits are allocated, calculated, used, deducted, rounded, reset, carried over, suspended, expired or otherwise applied through the Platform.
Moose may determine, vary, restrict, suspend or remove Other Features through the Platform, including how many Credits are required to access any Other Feature.
7. Credit-weighted system
Moose applies a credit-weighted system to determine how many Credits are required to book a Crossover Session.
The number of Credits required may vary depending on the pricing reference between your Home Studio and the Partner Studio you book with.
For example:
- if your Home Studio and the Partner Studio have the same pricing reference, the Crossover Session will use 1 Credit;
- if your Home Studio has a pricing reference of $90 per week and the Partner Studio has a pricing reference of $60 per week, the Crossover Session will use 0.67 Credits; and
- if your Home Studio has a pricing reference of $60 per week and the Partner Studio has a pricing reference of $90 per week, the Crossover Session will use 1.50 Credits.
Moose may determine, vary, update or replace how the credit-weighted system applies through the Platform, including the pricing references used for this purpose.
8. Home Studio and Partner Studios
Your Home Studio is the studio through which you hold the underlying membership connected to your Moose Upgrade.
Your Partner Studios are the Participating Studios that your Home Studio has live Partnerships with through Moose from time to time.
Your access through Moose depends on the Partner Studios connected to your Home Studio from time to time. If your Home Studio starts, ends, suspends or changes a Partnership with a Partner Studio, your access to that Partner Studio may start, end, suspend or change.
Moose does not control which Participating Studios your Home Studio chooses to form, maintain, change or end Partnerships with.
9. Bookings, cancellations and access
You must book Crossover Sessions through the Platform or any other method made available by Moose.
Your ability to book or attend a Crossover Session depends on your available Credits, the applicable credit-weighted system, Partner Studio availability, class capacity, booking rules, cancellation rules, access restrictions and the way the Platform is configured, operated and made available by Moose.
A Crossover Session booking is not guaranteed until it is confirmed through the Platform or otherwise confirmed by Moose.
You must cancel any Crossover Session booking you can no longer attend in accordance with the cancellation requirements shown in the Platform or otherwise notified by Moose.
If you cancel late, do not attend, arrive late, breach these Terms or breach a Partner Studio's terms, rules, policies, waivers, safety requirements or reasonable directions, Moose may deduct Credits, restrict bookings, suspend access or take any other action available under these Terms.
A Partner Studio may refuse access, cancel a booking, remove you from a class or session, or impose reasonable conditions on your attendance for safety, conduct, capacity, operational, compliance or other reasonable reasons.
10. Fees, billing and payment
The Moose Upgrade is a paid add-on to your underlying membership with your Home Studio.
Unless Moose provides otherwise, Upgrade Fees are charged and collected by your Home Studio on Moose's behalf.
Your Home Studio may determine the billing frequency, billing cycle and payment method for your Moose Upgrade, subject to the Platform and any requirements applied by Moose.
You are responsible for paying all Upgrade Fees and any other amounts payable in connection with your Moose Upgrade.
If your payment fails, is reversed, is charged back, is overdue, or your Home Studio notifies Moose that your Moose Upgrade is not paid or active, Moose may suspend, restrict or end your access to Moose.
Upgrade Fees are generally not refundable except where required by law, stated in these Terms, shown in the Platform, or agreed by Moose.
11. Changes to Moose, access and Partner Studios
Moose may determine, vary, restrict, suspend, disable or otherwise control the setup, operation, functionality, availability and use of Moose and the Platform from time to time.
Moose may make changes to Moose, the Platform, Credits, Cycles, Crossover Sessions, Other Features, booking rules, cancellation rules, access rights, Partner Studio access, availability, restrictions and any other functionality or settings.
Your access to Partner Studios may change from time to time, including where your Home Studio starts, ends, suspends or changes a Partnership with a Partner Studio.
Moose may suspend, restrict or remove access to a Partner Studio, Crossover Session, Other Feature or any part of the Platform where Moose considers it reasonably necessary for operational, technical, safety, compliance, payment, integration, platform integrity, member experience or other reasons.
12. Cancellation, suspension and expiry
You may cancel your Moose Upgrade in accordance with the cancellation process made available through the Platform, your Home Studio, or otherwise notified by Moose.
Cancellation will ordinarily take effect at the end of your current billing cycle, unless Moose, your Home Studio or the Platform provides otherwise.
If your underlying membership with your Home Studio ends, is suspended, is no longer eligible, or otherwise stops supporting the Moose Upgrade, your Moose Upgrade may also end, suspend or change.
Unused Credits may expire, reset or be forfeited at the end of the applicable Cycle, except to the extent rollover is allowed through the Platform or the applicable Moose Upgrade.
Moose may suspend, restrict or end your Moose Upgrade, Credits, bookings, access to Crossover Sessions, access to Partner Studios, access to Other Features or use of the Platform if you breach these Terms, breach a Partner Studio's terms, rules, policies, waivers, safety requirements or reasonable directions, misuse Moose, fail to pay amounts owing, or where Moose considers it reasonably necessary for safety, compliance, payment, platform integrity, member experience or operational reasons.
Ending your Moose Upgrade does not affect any rights or obligations that accrued before the end date.
13. User conduct
You must use Moose in a respectful, lawful and appropriate manner.
You must not:
- misuse Moose, the Platform, Credits, bookings, Crossover Sessions, Other Features or Partner Studio access;
- provide false, misleading, incomplete or inaccurate information to Moose, your Home Studio or any Partner Studio;
- transfer, sell, share, assign or otherwise make your Moose Upgrade, Credits, bookings or Platform access available to another person;
- book Crossover Sessions you do not genuinely intend to attend;
- repeatedly cancel late, fail to attend, arrive late or disrupt Crossover Sessions;
- behave in a way that is unsafe, abusive, threatening, discriminatory, harassing, inappropriate or disruptive;
- breach the terms, rules, policies, waivers, safety requirements or reasonable directions of your Home Studio or any Partner Studio;
- misuse, copy, scrape, export, disclose or interfere with Moose data, Partner Studio information, Platform information or another person's information;
- attempt to bypass, manipulate or interfere with Moose, the Platform, booking rules, Credit rules, access restrictions, payment processes or integrations; or
- use Moose for any unlawful, fraudulent, commercial, competitive or improper purpose.
14. Privacy and data
Moose collects, uses, holds and discloses personal information in accordance with the Moose Privacy Policy.
By using Moose, you agree that Moose may collect, use, hold and disclose information about you for the purposes of operating, administering, improving, analysing and promoting Moose, including to verify your eligibility, manage your Moose Upgrade, process bookings, administer Credits, support Partner Studio access, manage payments, communicate with you, and operate the Platform.
You agree that Moose may share relevant information with your Home Studio and Partner Studios where reasonably required to operate Moose, verify your access, manage bookings, administer Crossover Sessions, apply Partner Studio rules, manage safety or conduct issues, or otherwise support the operation of Moose.
You must ensure that any information you provide to Moose is accurate, complete and up to date.
Moose may use aggregated, anonymised or de-identified data and insights generated through Moose for analytics, benchmarking, reporting, product development, commercial analysis, marketing and other business purposes.
15. Moose responsibility and liability
Moose provides the Platform. Moose does not own, operate or control your Home Studio, any Partner Studio, or their venues, classes, instructors, staff, equipment, facilities or services.
Your Home Studio and Partner Studios are independently operated. They are responsible for their own venues, classes, instructors, staff, equipment, facilities, services, rules, policies, waivers, directions, conduct, safety and compliance.
To the maximum extent permitted by law, Moose is not responsible for any injury, illness, incident, loss, damage, claim, conduct, service failure, venue condition, equipment issue, instructor issue, staff conduct or other matter arising from or connected with your Home Studio, a Partner Studio, a Crossover Session, or any class, session, service or activity provided by a Home Studio or Partner Studio.
To the maximum extent permitted by law, Moose is not liable for indirect, consequential, special or punitive loss, loss of profit, loss of opportunity, loss of goodwill or loss of anticipated savings.
Nothing in these Terms excludes, restricts or modifies any right, remedy, guarantee or obligation that cannot be excluded, restricted or modified by law.
16. General
These Terms are governed by the laws of New South Wales, Australia.
You must not assign, transfer or otherwise deal with your rights or obligations under these Terms without Moose's prior written consent.
Moose may assign, transfer or otherwise deal with its rights or obligations under these Terms as part of a restructure, sale, merger, financing, change of control, transfer of business or other corporate transaction.
If any part of these Terms is invalid, unenforceable or unlawful, that part is to be read down or severed to the extent necessary, and the remaining parts continue in full force.
No failure or delay by Moose in exercising any right, power or remedy under these Terms is a waiver of that right, power or remedy.
These Terms, together with the Moose Privacy Policy, Moose Liability Waiver and Risk Acknowledgement, and any other document, policy, acknowledgement or requirement referred to in these Terms, set out the terms that apply to your access to and use of Moose.
A Partnership is a platform and commercial arrangement only. The term "Partnership" is used in these Terms to describe the commercial arrangement between Participating Studios through Moose, and does not create a legal partnership, joint venture, franchise, employment, agency or fiduciary relationship between Moose, you, your Home Studio, any Partner Studio or any Participating Studio.
Moose may give notices, updates or communications to you through the Platform, by email, by SMS, by push notification, by making them available through Moose, or by any other method Moose reasonably considers appropriate.
17. Definitions
- Connected
- means, in respect of a Moose User and a Participating Studio, that the Participating Studio is the Moose User's Home Studio.
- Credit
- means a unit of entitlement allocated to a Moose User through the Platform that may be used to book Crossover Sessions or access Other Features.
- Cycle
- means the period over which a Moose User's Credit entitlement is measured, as specified in the applicable Moose Upgrade or otherwise applied through the Platform.
- Crossover Session
- means a class, session, appointment, visit or other service made available through Moose for a Moose User to access at a Partner Studio.
- Home Studio
- means, in respect of a Moose User, the Participating Studio through which that person holds the underlying membership Connected to their Moose Upgrade.
- Moose
- means Blubby Pty Ltd ABN 11 690 645 106 trading as Moose Club.
- Moose Liability Waiver and Risk Acknowledgement
- means the liability waiver and risk acknowledgement accepted by the Moose User when signing up for Moose or otherwise using the Platform.
- Moose Upgrade
- means an upgrade, add-on or access option made available through Moose that enables a person to become a Moose User and access Crossover Sessions and Other Features in accordance with these Terms.
- Moose User
- means a person who holds or uses the Moose Upgrade.
- Other Feature Provider
- means a studio, gym, venue, business, service provider or other third party that makes Other Features available through Moose but does not participate in Moose as a Participating Studio.
- Other Features
- means any features, benefits, content, offers, services, venue access or functionality made available through Moose from time to time, other than Crossover Sessions.
- Partner Studio
- means, in respect of a Moose User, a Participating Studio that has a live Partnership with that Moose User's Home Studio through Moose.
- Participating Studio
- means a fitness studio, gym or similar business that participates in Moose for the purpose of making the Moose Upgrade available to its members and forming or participating in Partnerships with Partner Studios.
- Partnership
- means a direct cross-venue access arrangement formed through Moose between Participating Studios.
- Platform
- means the Moose platform, software, website, app, portal, systems, integrations, tools and related functionality made available by Moose from time to time.
- Terms
- means these Moose User Terms of Use.
- Upgrade Fee
- means the fee payable in connection with the Moose Upgrade.