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Terms and Conditions

PLATFORM TERMS AND CONDITIONS OF USE – (FITNESS STUDIO AND FITNESS INSTRUCTORS)

 

  1. Who we are and how to contact us
    • covrs.com.au (‘Platform’) is operated by Contrie Pty Ltd trading as COVRS ACN 681 863 507 (‘Company, we, us and our’). To contact us, please email [email protected].
    • The Platform is a digital marketplace designed to connect fitness instructors (“Instructors”) with gyms and fitness studios (“Studio”) seeking to fill last-minute class vacancies. Studio can post listings for available classes, and instructors can browse these listings, confirming their availability to lead the sessions directly to us. The Platform provides a secure and efficient system for communication and class cover requests.
    • We offer technology-enabled services that act as an intermediary to facilitate: (i) the posting of class vacancies by Studio requiring last-minute instructor bookings, and (ii) on-demand class bookings by Instructors offering to conduct fitness classes (together, the “Booking Services”). These Booking Services, along with any related support services such as scheduling assistance and communication tools are provided through the Platform, including our website (collectively, the “Services”).
    • Through the Platform, Studio can publish class listings and Instructors can express interest and confirm availability to lead those classes. The Platform supports the end-to-end coordination between Studio and Instructors, including matching and communication.

 

  1. By using our Platform, you accept these Terms
    • By accessing or using our Platform, you confirm that you have read, understood and agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, you must not use our Platform or the Services. Use of the Platform is limited to individuals who are at least 18 years old and legally capable of entering into binding agreements.
  2. Registration process
    • In order to access the Services, you must create an account (“Account“) by registering through the Platform. Once you have completed the registration process, you will be a registered member of the Platform (‘Member ‘) and agree to be bound by the Terms.
    • As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal or business information, including (but not limited to) identification or contact details.
      • If you are registering as an Instructor, this may include your full name, email address, mailing address, telephone number, location, qualifications, and professional certificates.
      • If you are registering as a Studio, this may include your business name, contact person’s full name, business address, telephone number, email address, ABN/ACN (if applicable), and proof of business registration or insurance.
    • As a condition of registration, you warrant that any information you give us in the course of completing the registration process will always be accurate, correct and up to date. You must update your Account information to maintain its accuracy at all times.
    • Once you have completed the registration process, you will be a registered as either a Studio or an Instructor on the Platform and agree to be bound by the Terms.
  3. Your use of the Platform
    • You agree to comply with the following:
      • you will not share your profile with any other person;
      • you will use the Services only for purposes that are permitted by:
      • the Terms; and
      • any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
      • you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
      • any use of your information by any other person, or third parties, is strictly prohibited. You agree to immediately notify us of any unauthorised use of your password or email address or any breach of security of which you have become aware;
      • you will not expressly or impliedly impersonate another Studio or Instructor or use the profile or password of another Studio or Instructor at any time;
      • any content that you broadcast, publish, upload, transmit, post or distribute on the Platform (‘Your Content‘) will always be accurate and correct.
      • you must not post or distribute unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable content.
      • your access to and use of the Platform is limited, non-exclusive, and non-transferable. You may use the Platform solely for the purpose of accessing, delivering or receiving the Services as a registered Studio or Instructor in accordance with these Terms.
      • you must not use the Platform for any commercial activity, including advertising or promotion of third-party products or services, except as expressly authorised by us in writing.
      • you agree not to use the Platform or the Services for any unlawful, prohibited, or unauthorised purposes, including but not limited to any activities that violate applicable laws, regulations, or third-party rights.
      • you acknowledge that any commercial advertisements, marketing links, referral schemes, or other forms of unauthorised solicitation posted on your profile or transmitted through the Platform may be removed by us without notice. Repeated violations may result in suspension or termination of your access to the Services.
      • you agree not to engage in or permit any automated, scripted, or non-human access to the Platform, including but not limited to bots, scrapers, or data-mining tools, unless expressly authorised by us.
  1. Services
    • Services include access to the Platform’s Booking Services and pricing, features, and billing frequency, will be specified at the time of registration and may vary from time to time as notified by us
    • There is no minimum term, and you may terminate at any time in accordance with clause 14 (Termination).
    • Studio may create Listings on the Platform detailing available fitness classes, including date, time, location, class type, compensation, specific instructor requirements, and any additional relevant information. The Studio will retain full discretion to review the Instructor’s details and may initiate direct communication with the Instructor for final approval of the booking.
    • Once a Studio selects an Instructor and confirms the booking via the Platform, a binding contract is formed between the Studio and the Instructor for the performance of the specified class. A confirmed booking constitutes a contract between the Studio and the Instructor. We will not be a party to this contract and shall not be held liable for any matters arising out of or in connection with the contract.
    • We do not directly provide or supervise fitness instruction services, nor are we responsible for the availability, performance, quality, or outcomes of any services delivered by Instructors. We act solely as a facilitator, providing a Platform to connect Studio with Instructors.
    • Instructors acknowledge that acceptance of a class listing constitutes a professional obligation to perform the session at the specified time and place, with reasonable care, skill, and in accordance with any health and safety or COVID-19 protocols that may apply.
    • We do not guarantee that any particular Listing will result in a successful booking. All bookings are subject to Instructor availability, Studios’ discretion, and compliance with Platform usage guidelines. Failure to attend a confirmed booking without prior notice may result in removal from the Platform or other disciplinary action.
  2. Our Responsibilities
    • Our responsibilities to you are:
      • Conducting reasonable vetting of Instructors, including verifying professional qualifications, active insurance coverage, and any certifications relevant to the Services being offered.
      • Enabling Studios and Instructors to create and post class cover requests in their account profiles with clear requirements including class type, time, location, compensation and other selection criteria.
      • Facilitating communication, scheduling, and in-Platform messaging between registered Instructors and Studio to promote efficiency, transparency, and accountability.
      • Providing a secure and encrypted environment for user authentication, session management, and transaction execution, including identity verification mechanisms where applicable.
      • Offering general support services such as onboarding materials, FAQs, and technical assistance for resolving platform access or usage issues.
    • We are not responsible for:
      • The quality, standard, suitability, accuracy, or timeliness of the Services delivered by Instructors.
      • Any direct or indirect disputes, cancellations, misunderstandings, or failures in service fulfilment between Instructors and Studio, including matters involving performance or professional conduct.
      • The actions, omissions, professional performance, personal behaviour, or reliability of any user, whether an Instructor or Studio, beyond the scope of our vetting process.
      • Ensuring compliance with local regulations, workplace health and safety standards, or employment obligations applicable to bookings arranged through the Platform.
  1. Studio and Instructor Responsibilities
    • Responsibilities of Studios
      • As a Studio, you agree to the following:
  1. You will provide accurate and up-to-date information when creating class Listings, including class type, time, date, location, compensation, and any applicable qualification or insurance requirements.
  2. You will ensure your premises and facilities are safe and comply with all applicable health, safety and legal obligations for the conduct of fitness classes.
  • You will treat Instructors in a respectful and professional manner and not engage in any conduct that is discriminatory, unsafe, or unlawful.
  1. You must notify instructions with as much notice as possible as to any specific requirements of your Studio or the class.
  2. You will engage in good faith in any dispute resolution process in relation to any issues with an Instructor or the Services.
    • Responsibilities of Instructors
      • As an Instructor, you agree to the following:
        • You will maintain accurate registration details and provide up-to-date copies of relevant qualifications, certifications and insurance coverage upon request.
        • You must not accept a booking unless you are qualified, insured and reasonably capable of attending and delivering the class as described in the Listing.
        • When you accept a booking, you are professionally obligated to attend and lead the class at the specified time and location with reasonable care and skill, and in accordance with any health and safety or Studio-specific requirements.
        • Failure to attend a confirmed class without appropriate prior notice may result in suspension or removal from the Platform.
        • You will communicate professionally and promptly with Studios and the Platform and act in a manner that upholds the reputation of the Platform and the fitness profession.
        • You must conduct yourself professionally and courteously at all times while leading a class at the Studio. This includes timely communication, punctual arrival for scheduled classes, and adherence to any specific requirements outlined by the Studio. Failure to comply with these conduct guidelines may result in suspension or termination of your access to the Platform.
  1. Payment
    • You must pay the fees applicable to your access and use the Services on the Platform as outlined on our Platform from time to time (“Service Fee”).
    • Service Fees must be paid in advance for the selected Subscription Period, which commences on the date you sign up for the Services (“Billing Start Date”). You will be charged on a recurring basis from the Billing Start Date. In the event of a payment failure, you will be notified and must rectify the issue within 7 days to avoid suspension of access. The Platform reserves the right to charge a late fee of 2% per month on overdue amounts.
    • Payment for Service Fees must be made in Australian Dollars using the payment methods offered by us, which may include Visa, MasterCard, American Express, Apple Pay, Google Pay or other methods as notified on the Platform. We reserve the right to suspend or restrict access to the Services if payment of the Service Fees is not received in advance.
    • Where Service Fees are payable on a recurring basis, such as monthly or annually, you expressly authorise us to automatically charge your nominated payment method for each Service Fee as it becomes due, without the need for further authorisation from you.
    • You acknowledge and agree that you have read, understood and agree to be bound by the terms and conditions of any third-party payment processor or gateway used in connection with the Platform. These terms are available on the relevant third party’s website.
    • You are responsible for any banking or transaction fees, administrative fees, or other charges incurred as a result of refunds, failed transactions, or reversals initiated by your payment provider.
    • We reserve the right to vary the Service Fee from time to time. Where we do so, we will provide you with reasonable prior notice. If you do not agree to the updated Service Fee, you may choose to cancel your access before the change takes effect in accordance with clause 14 (Termination).
  2. Cancellation of Confirmed Bookings
    • Once a booking is confirmed via the Platform, the Instructor and the Studio enter into a binding commitment to deliver and receive the class at the agreed time and location.
    • Instructor Cancellations:
      • An Instructor must not cancel a confirmed booking except in genuine emergencies.
      • If an Instructor is unable to attend, they must notify the Studio and the Platform as soon as possible and no later than 6 hours before the scheduled start time.
      • Failure to provide at least 6 hours’ notice may result in immediate suspension or removal from the Platform. In addition, if an Instructor cancels a confirmed booking within 6 hours of the scheduled start time without sufficient justification, they may be required to pay a late cancellation fee of $40.00 to the Platform to cover administrative and operational costs.
      • Repeat cancellations, regardless of timing, may result in permanent deactivation of the Instructor’s profile.
    • Studio Cancellations:
  • A Studio must not cancel a confirmed booking unless strictly necessary.
    • If a Studio cancels a confirmed booking, it must notify the Instructor and the Platform as soon as possible and no later than 6 hours before the scheduled start time.
    • Frequent or short-notice cancellations may result in restrictions on the Studio’s access to the Services.
    • If a Studio cancels a confirmed booking within 6 hours of the scheduled start time without sufficient justification, the Studio may be charged a late cancellation fee of $40.00 payable to the Platform. This fee is separate from any compensation payable to the Instructor and is intended to offset the impact on the Platform’s operations and user experience.
  • The Platform may deduct the cancellation fee automatically using the saved payment method accordingly. Failure to pay may result in restricted access to the Platform.
  • Instructors and Studios may, by mutual agreement and with immediate notice to the Platform, reschedule a confirmed booking. Any rescheduling must be recorded through the Platform to be valid.
  1. Intellectual Property
    • Where you upload, transmit, post or distribute any content through the Platform, including but not limited to class listings, profiles, reviews, messages or other material, you grant to us a non-exclusive, transferable, perpetual, royalty-free, irrevocable, worldwide licence to host, use, reproduce, publish, adapt, distribute, transmit, display and sublicense the Content for the purposes of operating, promoting and improving the Platform and the Services.
    • All rights in the Platform belong to and will vest in us or our licensors.
  2. Privacy
    • We respect your privacy and handle your personal data in accordance with our Privacy Policy, which can be accessed at covrs.com.au. By using the Platform, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.
  3. General Disclaimer
    • Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
    • Subject to this clause, and to the extent permitted by law all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded.
    • We do not provide fitness instruction services or operate fitness studios. The Platform merely facilitates the connection and coordination between Instructors and Studios. We are not responsible for the conduct, qualifications, performance or availability of any Instructor or Studio. You acknowledge that any engagements or disputes that arise between users of the Platform are solely between those parties and that we will not be liable for any loss, damage or liability arising in connection with such matters.
  4. Limitation of Liability
    • To the extent permitted by law, both parties total aggregate liability arising out of or in connection with your use of the Platform or these Terms, however arising, including under contract, tort (including negligence), statute or otherwise, will not exceed the greater of the total amount of Service Fees paid by you to us in the 12 months preceding the event giving rise to the liability.].
    • You agree that neither party will be liable for (i) loss or corruption of data, (ii) loss of profit, goodwill, business opportunity, anticipated savings or benefits or (iii) indirect or consequential loss.
    • As a Studio you acknowledge and agree that we, our directors, officers, employees, agents, and affiliates shall not be liable for any claims, actions, suits, demands, costs, expenses, or damages arising out of or in connection with the fitness services provided by any Instructor. This includes, but is not limited to, any personal injury, theft, loss, or damage occurring at a Studio or during any class or session facilitated through the Platform. You hereby release and waive any claims against us for any such incidents, except to the extent caused by our own negligence or wilful misconduct.
    • Nothing in this agreement excludes or limits our liability for:
      • Death or personal injury caused by our negligence;
      • Fraud or fraudulent misrepresentation;
      • Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
  1. Termination of Contract
    • The Terms will continue to apply until terminated by either you or by us as set out below.
    • If you want to terminate the Terms, you may do so by:

 

  • submitting a cancellation request through your account dashboard; and

 

  • closing your accounts for all of the services which you use, where we have made this option available to you.

 

  • upon submission of a cancellation request, your membership will remain active for a further period of four (4) weeks, after which time your membership will be terminated and access to the services will cease.

 

  • We may at any time, terminate the Terms with you if:
    • you have breached any provision of the Terms or intend to breach any provision;

 

  • we are required to do so by law;
  • if your conduct impacts our name or reputation or violates the rights of those of another party;
  • the provision of the Services to you by us is, in our opinion, no longer commercially viable.
  • Upon termination of these Terms, your membership will be revoked, and you will no longer have any right to use the Services. Any outstanding fees will become due and payable by you. Any Service Fees paid in advance are non-refundable.
  1. Indemnity
    • You agree to indemnify us and our affiliates, employees, directors from and against:
    • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) arising out of or in connection with:
  2. your use of the Platform or the Services;
  3. any class Listing you create as a Studio;
  • any fitness services you provide or agree to provide as an Instructor;
  1. any content or information you submit, upload or distribute through the Platform; or
  2. We may make changes to these Terms
    • We amend these Terms from time to time. Each time you use the Platform, you should review the current version of the Terms to ensure you understand the terms that apply at that time. Continued use of the Platform after any amendments constitutes your acceptance of the revised Terms.
    • These Terms were most recently updated on [insert date]
    • We may update and change our Terms from time to time to reflect changes to our users’ needs, changes in law and our business priorities.
  3. We may suspend or withdraw our Platform
    • We do not guarantee that the Services, our Platform, or any content on it, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict the availability of all or any part of our Platform or the Services for business or operational reasons, including maintenance, updates, or system improvements. Where possible, we will provide you with reasonable notice of any suspension, restriction or withdrawal of the Platform or Services.
  4. We are not responsible for viruses
    • We do not guarantee that our Site will be secure or free from bugs or viruses or any other type of malicious code or software.
    • You are responsible for configuring your technology to access our Site. You should use your own antivirus software.
  5. We are not responsible for websites we link to
    • Where our Site contains links to other sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only and you access third party websites subject to the terms and conditions for those websites.
  6. General
    • Disputes: In the event of any dispute, the parties agree to mediate before proceeding to litigation.
    • Jurisdiction: These Terms are governed by the laws of Queensland. You irrevocably and unconditionally submit to the exclusive jurisdiction of the Queensland courts.  Although the Course may be accessed throughout Australia and overseas, we make no representations or warranties that its content, or the Products, comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Platform from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are  This clause survives termination of these Terms.
    • Force majeure: If we are unable to perform in whole or in part, any obligation under these Terms as a result of any fact, circumstance or matter beyond our control, we are relieved of that obligation to the extent and for the period that we are unable to perform the obligation. You agree that we will not be held liable for any delay or failure in performance of any part of the Services.
    • Severability: Any provision of these Terms which is void, illegal or otherwise unenforceable will be severed to the extent permitted by law without affecting any other provision of the Terms.
    • Relationship: These Terms do not confer an agency, partnership, joint venture, or employee-employer relationship between us and you or any other party unless expressly stated otherwise.
    • Entire agreement: These Terms form the entire agreement between the parties in relation to the Services. It replaces any earlier agreements, representations or discussions.
    • Assignment: Unless the Terms expressly provides otherwise, no party may assign, transfer or deal with their rights or obligations under the Agreement without the prior written consent of the other party. Such consent must not be unreasonably withheld.