Terms and Conditions

1. Definitions

a. Agreement means this agreement made between you and KitchenGym and includes the Privacy Policy, the Policies and the KitchenGym Rules, as amended from time to time.
b. Billing Account means the credit card or bank account nominated by you for deduction of Membership Fees.
c. Food Safety Training means the session/s on food safety presented by KitchenGym staff that each Member is required to complete prior to commencing classes at KitchenGym.
d. Foundation Member means a Member that has a Foundation Membership as defined in this agreement.
e. Foundation Membership means one of a limited number of Weekly Memberships which allow for a concessional Membership Fee pursuant to the terms of this Agreement as amended from time to time.
f. Joining Fee means the fee for joining as a Member specified in this Agreement.
g. KitchenGym means the entity specified in this Agreement and includes its sucessors, affiliates, subsidiaries, employees, agents, representatives, officeholders and shareholders.
h. KitchenGym Rules means the rules applying to attendance at KitchenGym, as amended from time to time, and which are located at KitchenGym’s premises.
i. Member means the individual who has entered into this Agreement with KitchenGym.
j. Membership means either a Weekly Membership or a Prepaid Membership, as applicable.
k. Membership Form means the form provided to you by KitchenGym requesting information relating to your Membership such as name, address and payment details.
l. Membership Fee means the fee payable for the Membership exclusive of any fees payable by your bank for setting up or operating the direct debit arrangement.
m. Minor means a Member under 18 years of age.
n. Policies means the KitchenGym membership policies and rules as amended from time to time which are available at www.kitchengym.com.au or available at KitchenGym premises upon request.
o. Prepaid Membership means a Membership paid in advance (for example for a pack of 10 classes).
p. Privacy Policy means the KitchenGym privacy policy which is available at www.kitchengym.com.au or at KitchenGym premises upon request.
q. Products means any products that are purchased from KitchenGym.
r. Voucher means a gift card purchased from www.kitchengym.com.au
s. We (and ‘our’, ‘us’) means and is in reference to KitchenGym.
t. Website means the website at www.kitchengym.com.au.
u. Weekly Membership means a weekly membership paid by recurring fortnightly direct debit payments and includes a Youth Weekly Membership.
v. Written Notice means a notice in writing, given in person, by email or by mail to the intended recipient’s last notified address.
w. Youth Weekly Membership means a Weekly Membership of a Member aged 14 to 25 inclusive.

2. Terms and Conditions

a. Your Membership is governed by this Agreement. This Agreement incorporates these terms and conditions, the Membership Form. The Policies, the KitchenGym rules and the Privacy Policy.
b. After you have accepted this Agreement, KitchenGym has the right to further consider and either accept or reject your Membership including after taking into consideration your completion of the Food Safety Training.
c. KitchenGym reserves the right to amend this Agreement, in its sole discretion.
d. To the extent that any provision of this Agreement is for the benefit of a third party, KitchenGym holds that provision on trust for that third party.

3. Memberships

a. Your Membership means you can attend classes and use facilities, equipment and services at KitchenGym premises and attend any KitchenGym activities held away from our premises (such as ‘field trips’ to markets), as permitted by the category of Membership you hold and subject to this Agreement.
b. Ingredients are not included in any class of Membership. You will need to buy ingredients for each class you attend where ingredients are prepared or cooked. Ingredient packs for each class are to be purchased from us or from our sister supplier, La Providora using our website or app.
c. Classes of Membership:
i. Weekly Memberships allow you to attend all offered classes and field trips.
ii. Youth Weekly Memberships are available to Members from 14 to 25 years of age inclusive. Youth Weekly Memberships have the same benefits as Weekly Memberships. Any Member holding a Youth Weekly Membership must inform us of their upcoming birthday at least 4 weeks before they turn 26.
iii. Foundation Memberships:
1. The first 100 Memberships (either Weekly Memberships or Youth Weekly Memberships) issued in 2025 will be Foundation Memberships, subject to any decision made in our sole discretion to alter the number of available Foundation Memberships.
2. Members who apply for and are granted membership as Foundation Members will, until the end of 2027, have the privilege of maintaining their Weekly Membership Fee at the rate which applied when they first became a Member. That is, before the end of 2027, their Membership Fee will not be increased above the original Membership Fee specified in their Membership Agreement.
3. Unless this privilege is terminated earlier, the first time a Foundation Member will be subject to any increase of Membership Fee is January 2028. From January 2028, Membership Fees for former Foundation Members will revert to the Membership Fee in place at that time for the relevant Membership class (either Weekly Membership or Youth Weekly Membership).
4. We reserve the right to terminate the above Foundation Member privilege if:
a. The Member turns 26 years of age before the end of 2027. If this occurs, then that Member’s Foundation Membership Fee will increase to the adult Foundation Membership Fee for a Weekly Membership for the remainder of the Foundation Membership. That is, if a Member turns 26 during the term of a Foundation Membership, then from the time they turn 26 that Member’s fees will be limited to the adult Foundation Membership Fee until the end of 2027.
b. The Foundation Member’s Weekly Membership is cancelled or terminated by the Member, or by us pursuant to this Agreement.
c. The Foundation Membership is in arrears of fees.
d. The Foundation Membership is transferred to another person and we have not agreed to transfer the above privileges to the transferee.
e. The Member holding the Foundation Membership behaves in a way that is dangerous, improper, harmful or contrary to the best interests of other Members and of KitchenGym and its staff.
5. If a Foundation Membership is cancelled, then the Member can choose whether to terminate their Membership or to commence a new Weekly Membership or (if eligible) a new Youth Weekly Membership. If the Member decides to commence a new Membership, then standard Membership Fees will apply from the date the new Membership commences.
iv. Prepaid Memberships are paid in advance, and allow you to attend the number of classes or events specified in the Membership Agreement (for example, 10 classes in the ’10 Class Pack’). Prepaid Memberships expire 12 months after you pay for them.
d. Membership Transfers:
i. Weekly and Prepaid Memberships can be transferred to another person, subject to the proposed new Member’s completion of, or satisfaction of the requirements of, Food Safety Training.
ii. Youth Weekly Memberships can be transferred to another person who is between the ages of 14 and 25 inclusive, subject to the proposed new Member’s completion of, or satisfaction of the requirements of, Food Safety Training.
iii. Foundation Memberships cannot be transferred to any other person except in exceptional circumstances and at our sole discretion, and subject to the proposed new Member’s completion of, or satisfaction of the requirements of, Food Safety Training.
e. If your details change in a way that is relevant to your Membership (for example, you have a Youth Membership and you turn 26) then you must tell us in writing.

4. Payments

a. You agree to pay for ingredient packs for each class you attend where ingredients are required.
b. You agree to pay any and all Membership Fees and Joining Fees set out in this Agreement.
c. For a Weekly Membership or Youth Weekly Membership, you must pay fortnightly in advance.
d. For a Prepaid Membership, you must pay in advance according to your level of Prepaid Membership and as notified by KitchenGym to you.
e. For all Memberships, you must pay the Joining Fee in order to become a Member, unless otherwise agreed in our sole discretion.
f. If you are late paying your Membership Fees then your Membership may be suspended or terminated and we may also take legal steps to recover overdue payments from you.
g. We reserve the right, at any time subject to the terms of this Agreement, to change the Membership Fees charged to Members. If we change the Membership Fees, then we will take reasonable steps to provide you with Written Notice of the changes. The changes will take effect 30 days after the Written Notice is deemed by us to have been received by you. We deem receipt to have occurred 4 business days after the Written Notice was sent to you.

5. Class bookings and attendance

a. You must book classes in advance either online or through our app accordance with the procedures in the KitchenGym Rules.
b. If you cancel your attendance at any class after 7pm on the evening that is 2 full days before the scheduled class, then you will forfeit the class. You will not receive a refund for any Membership Fees or fees for ingredient packs in relation to the class. We may, at our discretion, allow you to:
i. Send another member in your place;
ii. Send a non-Member in your place, provided that non-Member purchases a class pass or uses a Voucher;
iii. Take a make up class on the day of the scheduled class or the following day; or
iv. Take home your ingredient pack provided it is collected on the day of the schedule class or the following day.
c. We reserve the right to change the class timetable and reduce the number of classes available at any time without notice.

6. Minimum Age

a. All Members must be at least 14 years of age.
b. All Minors must have a parent or legal guardian agree to be bound by this Agreement.

7. Access by non-Members: Unless otherwise agreed (for example, on Open Days or for ‘Bring a Friend’ events), no Member is permitted to bring a non-Member to KitchenGym. This includes Minor children of Members.

8. Orientation and preliminary training:

a. It is a condition of this Agreement that all Members participate in Food Safety Training provided by KitchenGym and that we are satisfied that the Member understands how to learn safely in a kitchen environment before commencing classes at KitchenGym.
b. KitchenGym may suspend or terminate this Agreement in the event of unsatisfactory completion of the Food Safety Training prior to commending classes.

9. Vouchers

a. Vouchers are valid for 36 months from date of issue. Unused values will not be refunded or attributed to any transactions after the expiry date.
b. Vouchers can be redeemed against classes and products only at KitchenGym sites.
c. Vouchers cannot be redeemed for cash, returned for a refund, have their balances consolidated to a new Voucher or be replaced after expiry and are not legal tender, account cards, credit or debit cards or securities.
d. If your purchase exceeds the value of the Voucher, the balance must be paid by cash, debit or credit card.
e. Vouchers cannot be replaced if lost or stolen. If you suspect an unauthorised activity, immediately report this to KitchenGym’s head chef on 0432 106 795 or email train@kitchengym.com.au providing all details including proof of purchase, Voucher number and a photo ID for verification purposes.
f. KitchenGym reserves the right to cancel a Voucher if we deem such action necessary. If so, we may either provide a replacement Voucher of equivalent value unless we suspect fraud in relation to a Voucher. The Voucher remains our property.
g. KitchenGym can vary or replace these conditions from time to time (including to introduce new fees)

10. No onsite parking

a. KitchenGym does not offer onsite parking for Members.
b. You acknowledge that if you park onsite (including behind KitchenGym’s premises) then the body corporate may have your vehicle towed or impose a fine in its sole discretion and without further recourse to you.

11. Liability for property:

a. KitchenGym is not liable to you for any personal property that is damaged, lost or stolen while in or around KitchenGym, including but not limited to a vehicle or its contents or any property left in a locker or on shelves.
b. If you cause damage to KitchenGym premises or equipment then you are liable to KitchenGym for its cost of repair or replacement.

12. Release and indemnity

a. You use the facilities provided by KitchehGym at your own risk and acknowledge that the use of KitchenGym’s premises and equipment may involve risk of injury, whether caused by your or another party. By accepting this Agreement, you agree that KitchenGym will not be liable for any loss, injury, damage or theft of property, belonging to or brought onto KitchenGym premises by you, or for any death, personal injury or illness on KitchenGym premises or from using our facilities or equipment.
b. This release does not apply if your injury or death results from gross negligence on our part.

13. Cooling off period

a. All new Memberships are subject to a cooling off period of 10 business days.
b. A request for termination of Membership during the cooling off period must be made by Written Notice unless this Agreement is defined as an unsolicited consumer agreement under the Australian Consumer Law, in which case termination may be written or oral.
c. For any memberships terminated validly during the colling off period, KitchenGym will refund to you the total of all Membership Fees.

14. Your right to Terminate your Membership

a. Weekly Memberships and Youth Weekly Memberships
i. You may terminate your Weekly Membership or Youth Weekly Membership at any time by providing a Written Notice requesting termination of your Membership to KitchenGym.
ii. Your membership will be cancelled on and from the next Business Day after Written Notice requesting termination is received.
iii. You will not incur any further financial obligations under this Agreement on and from the date that your Membership is cancelled by us pursuant to this Agreement.
iv. If you terminate your Weekly Membership or Youth Weekly Membership, you may continue to attend classes at KitchenGym until the end of the prepaid period: that is, the end of the fortnight during which we received your Written Notice of termination. No refund will be provided of any Membership Fees paid for prepaid period.
b. Prepaid Memberships
i. Prepaid Memberships can only be terminated by you for a refund during the prepaid period if you suffer from a permanent sickness or physical incapacity. That is, you may not terminate a Prepaid Membership during the prepaid period (or get a refund) unless you suffer from a permanent sickness or physical incapacity.
ii. If you have a Prepaid Membership and your request for termination is for reason of permanent sickness or physical incapacity and this prevents you from attending KitchenGym then:
1. You must provide a Written Notice requesting termination of your Prepaid Membership to KitchenGym.
2. Your request must be accompanied by a medical certificate evidencing such permanent sickness or physical incapacity; and
3. If we accept the request (which acceptance will not be unreasonably refused) then we will give you a refund of any unused Membership Fees.
iii. If you terminate the Agreement or stop paying the Membership Fees in a manner not described in the Agreement, then you may be liable to KitchenGym for any unpaid fees or for fees incurred by KitchenGym as a result of your actions in this regard.

15. Our right to terminate your Membership

a. We may terminate your Membership at any time on any of the following grounds:
i. You fail to pay your Membership Fee or are late paying your Membership Fee;
ii. You fail to follow any of the Policies or KitchenGym Rules or otherwise violate any part of the Agreement; or
iii. Your conduct is illegal, improper or harmful to the best interests of other KitchenGym members, staff or owners.
b. If we terminate your Membership under this clause, then the termination will be effective on the date that we send Written Notice to you of the termination. You are liable for all Membership Fees until that date. Unless otherwise agreed by us, we will not refund any unused portion of your Membership Fees including for Prepaid Memberships. Any money owing to us when your Membership ends remains due and payable and we will deduct the amount outstanding from any refund for which you may be eligible. If there is not enough money to cover the amount owing to KitchenGym, you must pay the balance of the amount owing.

16. Cessation of access to premises

a. When your Membership is terminated under this Agreement, you will cease to have access to KitchenGym premises.
b. If the termination was requested by you, then you may continue to attend KitchenGym for any period that you have paid in advance. You will cease to have access to KithcenGym upon expiration of any period for which you have paid in advance.

17. Ending of Agreement is without prejudice to rights: Termination or expiration of this Agreement is without prejudice to the rights of each party against each other in respect of anything done or omitted to be done under this agreement prioer to such termination or expiration.

18. Assignment: KitchenGym may assign nor novate its rights under this Agreement at any time without seeking or obtaining prior consent.

19. Risk warning:

a. While you are on our premises participating in our classes and activities, you are at risk of suffering physical harm or personal injury including cuts and burn, permanent disability or death.
b. These injuries may occur from you:
i. Cutting yourself;
ii. Burning yourself including by picking up hot pans or touching hot ingredients;
iii. Colliding with benches or equipment or with other Members; or
iv. Incorrectly using equipment.
c. You acknowledge that any such injury may result not only from your actions but from the actions, omissions or negligence of others.
d. You acknowledge and agree that the above mentioned injuries and potential causes of injuries are not exhaustive and that there are unknown or anticipated risks that may result in injury, illness or death.
e. You acknowledge that although every attempt is made to ensure that the services and facilities provided by KitchenGym are safe, there are some significant and inherent risks involved and you agree that you are participating voluntarily at your own risk and responsibility.

20. Website Terms and Conditions

a. The Website is operated by KitchenGym. By using or accessing the Website, you agree to these terms and conditions. KitchenGym may change these terms and conditions from time to time, so you should check these terms and conditions regularly.
b. You must not:
i. use the Website (including by posting content) in a manner that violates a law or regulation of any country or may cause harm, distress or loss to any person;
ii. disrupts, interferes with, reverse engineers or compromises the security of the Website or any software or hardware used in connection with the Website; or
iii. restrict, inhibit or interfere with any other user’s use or enjoyment of the Website.
c. We and our licensors own the intellectual property rights (including copyright and trade marks) in respect of the Website and its contents. You must not copy, modify, transmit or adapt the Website or its contents or otherwise infringe the intellectual property rights of us or our licensors without our prior written consent.
d. The Website may from time to time contain hyperlinks to websites operated by third parties (Linked Sites). Linked Sites are not under the control of KitchenGym. KitchenGym is not responsible for, and does not control or approve, the contents or operation of any Linked Site. Your use of a Linked Site is subject to the terms and conditions of the Linked Site. Any personal information that you provide to a Linked Site will be subject to the privacy policy and practices (if any) of the operator of the Linked Site.
e. During your use of the Website, we may issue and request cookies to and from your computer or mobile device. By using the Website you authorise us to issue and request such cookies.
f. Warranties and Limitations: To the extent permitted by law:
i. all statutory and implied guarantees, warranties and conditions of any kind in connection with the Website and its contents are expressly disclaimed;
ii. we do not warrant that your access to the Website will be uninterrupted or that the Website will operate error free, that any defects will be corrected or that the Website and its servers are free of computer viruses, trojans, spyware and other harmful material;
iii. we do not warrant that we will be able to prevent any unlawful, harmful or inappropriate use, modification or alteration of the Website, or that it will give notice of such use, modification or alteration;
iv. we do not warrant or make any representations about the correctness, accuracy, currency, completeness, reliability, quality or otherwise of the Website or its contents. Your use of the Website and the information on it is at your own risk; and the Website and its contents are provided on an “as is” basis without any warranties of any kind. We may change the Website or limit or terminate your access to the Website at any time without notice; and
v. we will not be liable for any direct, indirect, incidental, special, consequential or punitive loss or damage, loss of profits, revenue, expectation, business, savings, data or unavailability of systems or any other loss whatsoever, whether arising under contract, statute, tort (including negligence) or otherwise, in connection with the Website, or any use of or access to, or any inability to use or access, the Website.
g. Inconsistency: In the event of any inconsistency between these terms and conditions and our Privacy Policy, the terms of our Privacy Policy prevail to the extent of the inconsistency.

21. Force Majeure: We will not be responsible for any delay in performing our obligations under these terms & conditions due to causes beyond our reasonable control.

22. Changes to your details: You must tell us promptly if you change your contact or payment details or if there is a change to other relevant personal information, including anything that may affect health or safety.

23. Photos and recordings:

a. You understand that photos, films, videos or audio recordings may be taken of Members, including of you, for promotional purposes. By becoming a Member and participating in classes, you agree to allow your image, recording or likeness to be used for any legitimate purpose by us or our affiliates and you assign your rights in any of these materials to us without compensation.
b. You agree to waive the right to inspect or approve the use of the photograph and/or recording. This release and the above consents are intended to be as broad and inclusive as permitted by applicable law. If any portion of the release from liability or the consents is deemed by a court of competent jurisdiction to be invalid, then the remainder of these terms shall remain in full force and effect and the offending provision(s) severed from them. These terms apply to any person acting for you, on your behalf or acquiring rights through you which shall include but not remain limited to your heirs, assigns, personal representatives, and any other next of kin. You understand that we are relying on your acceptance of these terms by entering into your Membership Agreement, that you agree to allow your participation in KitchenGym activities.

24. Applicable Law : You agree that any claim or dispute arising in connection with these terms and conditions, the Agreement or your use of the Website, will be resolved in accordance with the law applying in the State of Queensland and under the exclusive jurisdiction of the courts of Queensland and of the Commonwealth of Australia.