Terms and Conditions
These terms apply to our website, programs, events and donations. Please read the parts relevant to you before enrolling, arranging a program, volunteering or donating. When you confirm a booking or donation after receiving these terms, you accept the terms relevant to that transaction.
1 About the Initiative
MBS Fitness Initiative Inc. (ABN 99 419 382 883), referred to as we, us or the Initiative, is a registered charity based in Bridgewater, Tasmania. Our work includes Youth Fitness, the Active School Program, community activities and support for young local talent.
The Initiative is a separate legal and financial organisation from MBS Fitness Hobart, the commercial fitness business. We may engage that business or other providers to supply approved coaching, facilities or equipment for our charitable work. Commercial gym memberships and services purchased directly from that business have their own terms.
2 Enrolment and consent
Program ages, eligibility, places, dates, location, activities and any fees are provided before enrolment. An enquiry does not reserve a place. A booking is confirmed when we or the organising school or community partner confirm acceptance.
For participants under 18, a parent or legal guardian must authorise participation, or the organising school or partner must confirm that it holds appropriate authority and consent for the particular program. A teacher or referrer is not automatically authorised to consent on a family's behalf. We also explain activities to young people in an age-appropriate way and listen to their views.
The adult arranging participation must provide accurate contact and emergency details and let us know about changes. Any program-specific conditions must be supplied before acceptance and read with these terms. They cannot remove rights protected by law.
3 Health information and activity safety
Please tell us, through the agreed registration process, about injuries, allergies, medical conditions, disability-related needs or other matters relevant to safe participation. We request only information reasonably needed to plan and deliver the program. Our Privacy Policy explains how we handle it.
Fitness and boxing-based activities involve physical exertion and risks such as falls, strains or accidental contact. Follow coaching instructions, use equipment as directed and tell the coach immediately about pain, dizziness, injury or discomfort. A participant may stop an activity and ask for an alternative.
We discuss reasonable adjustments and may recommend a modified activity or appropriate medical clearance where needed for safety. Program participation does not by itself authorise sparring or competitive boxing. Any such activity requires a separate explanation, suitability assessment and specific consent.
Our coaching supports fitness and wellbeing and does not replace medical treatment or psychological care. In an emergency, we may provide first aid within our training, call emergency services and share necessary information with responders. We will contact the parent, guardian or nominated emergency contact as soon as practicable.
4 Child safety and respectful conduct
Participants, families, staff and volunteers must treat others respectfully and follow reasonable safety directions. Bullying, harassment, discrimination, abuse, violence and unsafe use of equipment are not acceptable. We support inclusion and the cultural safety of Aboriginal and Torres Strait Islander children and young people.
We may pause an activity or participation where reasonably necessary to protect someone's safety. We consider the circumstances and reasonable adjustments, explain concerns and involve the participant and their parent, guardian or school where appropriate. Any decision about ongoing participation will be proportionate. A safety decision does not automatically remove refund or other legal rights.
Staff, contractors and volunteers must meet the qualifications, screening and Working with Vulnerable People registration requirements applicable to their roles. Concerns can be raised with a coach or through the contact details below. We will listen, respond and make reports required by law. Nothing in these terms prevents anyone contacting police, child protection or a regulator. Call 000 if someone is in immediate danger.
5 School arrangements and supervision
For school and group programs, we agree with the organiser on activities, accessibility needs, supervision, attendance, emergency contacts and responsibility for arrival and departure. The organiser must arrange any permissions within its responsibility and share only information it is lawfully authorised to provide.
Supervision and handover arrangements must be confirmed before a young person attends. Unless expressly arranged, the program does not include transport or supervision outside its agreed times. Parents and organisers must follow the agreed collection or independent-departure arrangements. These arrangements do not remove any duty of care owed by us.
6 Fees cancellations and program changes
Some programs are free or subsidised through grants and donations. Any participation fee and cancellation conditions will be explained before you commit. Amounts are in Australian dollars and the total payable will be disclosed before payment. A donation does not purchase a program place or commercial gym membership.
Tell us or the organising school promptly if a participant cannot attend. For a paid booking, any cancellation charge must have been disclosed and agreed before payment and be reasonable in the circumstances. If no cancellation charge was agreed, we refund fees for sessions cancelled before they begin. Separate written school or group booking terms may apply where agreed in advance.
We may need to change or cancel a session because of safety, weather, staffing, venue availability or funding. We will give as much notice as reasonably practicable and explain available alternatives. If we cancel a paid service and a suitable replacement is not accepted, we refund the amount paid for the undelivered service. This is additional to any remedy required by law.
Free and subsidised programs depend on available resources and grant conditions. We cannot guarantee that funding, places, fees or program schedules will remain unchanged. We will communicate material changes and discuss available options with affected families or organisers.
7 Making and cancelling donations
Before confirming a donation, check its amount and whether it is one-time, monthly or yearly. You must be authorised to use the payment method. Payment services used at checkout may have their own terms and privacy notices.
A recurring donation authorises payments of the amount and frequency you select until you cancel. We will not increase that amount or change its frequency without your agreement. A receipt or confirmation should identify the donation and any recurring arrangement.
You can cancel future recurring donations at any time without a cancellation fee. Use the management option supplied with your donation, if available, or email enquiries@mbsfit.org.au or call 0434 029 537. Cancellation applies to future instalments from when we receive your request. We will confirm it and arrange a refund if an instalment is taken after that point, including one already being processed. Cancelling does not automatically refund earlier completed donations.
8 Donation refunds
Completed donations are generally not refunded for a change of mind. Please contact us promptly if you made a mistake, were charged twice, did not authorise a payment or need us to consider exceptional circumstances such as financial hardship. We will review requests fairly and correct payment or administrative errors.
Include the donation date, amount and receipt or reference number, but do not send full card details. Approved refunds will normally be returned through the original payment method after reasonable checks. Nothing in this policy limits a right or remedy available under applicable law.
9 How donations and grants are used
Funds received by the Initiative are used for its charitable purposes. This may include youth and school programs, subsidised participation, approved support for local talent, equipment, coaching, facilities and reasonable costs of administration, safeguarding and fundraising.
Unless we accept a specific restriction in writing or campaign terms state otherwise, donations support our charitable work generally and are allocated according to need. We honour grant conditions and accepted donor restrictions. If a restricted purpose cannot be fulfilled, we will contact the donor or funder where practicable and deal with the funds lawfully; we will not simply disregard the restriction.
Approved program costs may include payments to MBS Fitness Hobart or another service provider for genuine services or resources used by the Initiative. Related-party decisions must follow our conflict-of-interest and independent approval arrangements. You may contact us for general information about how donations support our work; participant privacy will be protected.
10 Tax treatment of donations
MBS Fitness Initiative Inc. is not endorsed as a deductible gift recipient. Donations to the Initiative are not tax deductible. A receipt confirms your payment and is not a deductible gift receipt.
11 Privacy photos and communications
Our Privacy Policy explains how we handle personal information. Our Cookie Policy explains website technologies and visitor choices. Enrolment and donations allow us to send necessary confirmations, safety notices and relevant service updates. Optional newsletters and fundraising messages are managed separately.
We seek separate permission before using identifiable photos, videos or personal stories for publicity. For under-18s, we obtain parent or guardian permission and involve the young person appropriately. Refusing publicity does not affect access to a program. Permission can be withdrawn for future use; contact us so we can take reasonable steps to remove material under our control. Material already printed or shared by others may not be fully recoverable.
12 Volunteers and website use
Volunteers must follow the role description, reasonable directions, child safety rules and confidentiality requirements, including any applicable screening or induction. A separate volunteer agreement may provide further details.
Use our website lawfully and do not interfere with its security, submit fraudulent information or misuse another person's information or images. Website materials belong to us or their owners. You may use them for personal information or another use permitted by law; seek permission for other reproduction. Links to external services do not mean we control their content or policies.
13 Legal rights and responsibility
We take reasonable care in providing services and website information. Physical activity cannot be made risk-free and individual results vary. These terms do not create a general release from liability, waive a child's rights or exclude rights and remedies that cannot lawfully be excluded, including applicable Australian Consumer Law guarantees. Each organisation remains responsible for its own legal obligations.
Any separate activity-specific risk acknowledgement must be explained before participation. Simply visiting this website is not agreement to a personal-injury waiver.
14 Concerns changes and contact
For an enquiry, cancellation, refund request or complaint, contact MBS Fitness Initiative Inc. at enquiries@mbsfit.org.au, on 0434 029 537, or at 115 Cove Hill Road, Bridgewater TAS 7030. Tell us what happened and the outcome you are seeking. We will review the matter fairly and keep you informed. A complaint involving a conflict of interest will be referred to an appropriate unconflicted committee member.
We may update these terms and will show the revised date. Changes will apply prospectively. We will not use an update to retrospectively remove an agreed refund right or change an existing recurring donation without consent. These terms are governed by Tasmanian law, subject to mandatory laws and rights that apply elsewhere. Nothing prevents you using a regulator, tribunal or court available to you by law.
