GENERAL: These are the Terms and Conditions that govern the relationship between the Member (“You” or “Your”) and True Fitness Pty Ltd (ACN 36 618 239 366) (“the Club”, “us”). The Member agrees to abide by this Agreement and to comply with expressed and/or customary rules for participation and use of equipment and the facility. Memberships are NOT transferable or assignable to another individual.
COOLING OFF PERIOD: This Agreement is subject to a 48 hour cooling off period which starts from the date of signing this agreement. If you cancel Your membership during the cooling off, then your Membership Fees will be refunded. Your FOB Key Fees will not be refunded.
MEMBER INDUCTION: To mitigate risk and ensure that you correctly operate or use any of our facilities, services, products or equipment, you may be required toundertake an instructional consultation with a member of our staff before use. You understand that an initial introduction to the Club facilities is a requirement priorto using club facilities and it is your responsibility to ensure this takes place before you use the equipment. You promise to take care to use the facilities and servicessafely and properly. If you are unsure how to operate any equipment properly, you agree to ask Club staff first.
PHYSICAL CONDITION: When you use the Club, you must ensure you are in good physical condition and know of no medical or other reason why you should not exercise. If unsure, you should not use the facilities or services until you have sought appropriate medical guidance and been given the go-ahead. You understand thatthe Club will not and cannot provide you with any medical advice. You warrant and represent that you will not use the facilities and services if you are suffering fromany illness, disease, injury or other condition that could be a risk to your health or safety or that of other members or others.
MINIMUM AGE: All membership holders of the Club must be a minimum of 15 years of age. All minors under the age of 18 must have a parent or guardian co-sign themembership agreement and acknowledgement of indemnity waiver. Minors aged between 15-17 must comply with the following restrictions: (1) Access during staffedhours only- no access card will be issued (2) A member induction form is to be completed by parent or guardian and the Minor.
FEES: The Fees you have to pay are set out on the Membership Form and include GST. If you have chosen an Ongoing Membership, at the end of the Term if you do not sign another membership contract, your Membership Fee will automatically revert to the then 30 day contract membership rate. If you do not make any payments when fees are due, your membership may be suspended and you could be refused access to the Club and to the facilities and services until all outstanding amounts have been paid. Your membership may also be terminated if any Fees remain unpaid for an extended period of time. You will still be liable for all unpaid amounts . A Cancellation Fee will apply. If you are in a contract the Club will not increase your Fees, however if you are not in a contract the Club may increase your fees at any time by giving you 30 days’ notice. If your Fees are varied, you authorise any debits from your nominated account to be varies accordingly.
COLLECTION OF OUTSTANDING FEES: This agreement is a legally binding obligation for which you are financially responsible. You agree if you fail to pay and Feeor charge when a payment is due that you must immediately pay the entire amount owing. If outstanding payments are not paid and the debt accumulates the debt will be sent to a debt collection agency and you will be responsible for all charges, legal or otherwise incurred to collect the debt.
FOB KEY: You will need to swipe your FOB key to access the Club each time you use the facility and services. Only you can use your FOB key. If you lose your FOBKey you may access the Club during staffed hours if you show your photo ID to Club staff. If your FOB key is lost or stolen, you must let us know immediately and geta replacement in 14 days or you may be refused entry to the Club. A replacement FOB Key Fee will apply.
MEMBERSHIP SUSPENSION: You have the right to temporarily suspend your Membership if your account is fully paid to date. In any 12 month period you may suspend your membership 2 times for up to 3 months combined. You will be charged a Suspension Fee during any suspension period. Direct debits that fall in this period will not be processed (except for the Suspension Fee). You cannot cancel your membership during the “suspension” period.
GUESTS: You may bring a guest during staffed hours into the Club but only if they register and sign the guest waiver with the Club staff and pay a casual rate and they meet other reasonable conditions. You must not let anyone else into the Club without the approval of the Club staff or let anyone use your FOB key. If you breakthis term you will be charged $150.00 per visit fee for any unauthorized guest you allow into the Club. You will be liable for all damage you or your guests cause to the equipment or physical infrastructure of the Club and will reimburse the Club for any damage caused.
DIRECT DEBIT: If you pay any Fees, including ongoing Membership Fees, by Direct debit, then this will be through our Biller (not us). You will need to sign a copy of the Direct Debit Payment Agreement of the Biller which applies to any direct debit services. You authorise our Biller, to deduct from your account all Fees and othercharges you are responsible for under this Agreement. You must keep your account details up to date. You must ensure that there is sufficient funds in your accountfor the direct debit to be processed. If there is not enough money in your nominated account on the usual payment day or there is another reason that your account was unable to be debited, you will be charged a Payment Default Fee. You authorise our Biller to deduct any unpaid arrears outstanding on your account. The Club may choose to change it Biller from time to time. In such instances the Club will provide at least 30 day’s notice of such a change.
MEMBERSHIP CANCELLATION: If you have a Prepaid Membership, you will not be entitled to any refund whatsoever but you will have access to the Club until your membership expires. If you have an Ongoing Agreement and your account is fully paid to date, you may cancel this agreement by giving four (4) week’s notice, payingthe Cancellation Fee and completing and signing the Cancellation Form and delivering it in person at the Club during staffed hours. In the event the Member is unable to come to the Club, the Cancellation Form can be sent via email to email@example.com. You are also required to submit any proof such as a medical certificate.You must pay the Cancellation Fee even if you do not use the club during the notice period.
ACTIONS FOR INAPPROPRIATE CONDUCT. You acknowledge that engaging in any commercial activity such as selling goods or training services in the Club is prohibited. If you behave in any action that is risky or seriously inappropriate for example threaten or harass others, damage equipment or use illicit substances, appropriate action will be taken which may include membership cancellation, referring the matter to authorities or if damages are caused, then you agree to pay forthese. Members and guests are not allowed to take photos and videos in the Club unless specific permission is granted by the Club.
SECURITY AND EMERGENCY. Club premises have CCTV security cameras recording 24-hours a day which may have remote video guarding services. The system does not guarantee against harm. The Club has an emergency panic button which alerts a security company in an emergency, for example if you are or feel threatened or need medical help. You must understand how emergency apparatus works and agree to use it only in an emergency. If you deliberately use emergency apparatus inappropriately, you agree to pay any costs, loss or damages incurred.
TERMINATION FOR CAUSE BY THE CLUB: The Club may, at its discretion, terminate your membership if (1) You fail to make payments or any payments are late, (2) the monthly EFT payments or membership fees are interrupted or discontinued for any reason, (3) You fail to follow any membership policies or club rules or violate or breach any part of this agreement, (4) Your conduct is improper and harmful to the best interest of the Club or its members, or (5) You fail to provide a doctor’sapproval for exercising if so requested. Termination is effective on the date a written notice or email is sent to your last known address/email address. You will liable for all financial obligations until that date. If you have a prepaid membership and your membership is terminated, you will forego any unused prepaid membership fees.
DAMAGED, LOST OR STOLEN PROPERTY. You are solely responsible for any damage which you may cause to the Club, its facilities, services, products, or equipment, if such damage is caused by your wilful act and/or negligence. You understand that the Club is not responsible for any of your personal property that is damaged, lost or stolen in or around the Club by any person. You agree to pay for any loss or damage to the Club or the facilities and services caused by you or your guests through a wilful, wrongful or negligent act or as a result of your or their breach of this agreement.
NOTICE: In some circumstances the Club will need to provide notice to you. A notice in reception shall constitute such notice. In addition, the Club may choose tonotify you via SMS or Email but this is not a requirement for notification.
ASSUMPTION OF RISK AND OF INJURY AND WAIVER OF CLAIMS. You assume all risks of injury and waive all rights to pursue money damages or any other relief of any kind as a result of anything occurring at or near the Club. In the event that you are injured on the Club property or during a Club event, you will hold harmless the Club, its directors, employees, agents, contractors and assigns from all claims to any sort for damages or for other relief, including but not limited to claims for contribution. You understand and agree that the Club may be unsupervised and that no employee or contractors may be on site to help you use the equipment or exercise in the manner that you choose to exercise. You acknowledge there is possible danger connected with any physical activity (including the dangers of physical injury and death) and knowingly and voluntarily waive your right to make a legal or equitable claim of any sort against the Club, its directors, employees, agents, contractors and assigns from all claims of any sort for damages or for other relief, including but not limited to claims for contribution. This assumption of risk and waiver of liability applies to your family members, successors, heirs and assigns.
OTHER SERVICES: There may be other services, including personal training services, body composition scans offered at the Club by us, contractors, licensees andothers separately or in addition to the services provided under this Agreement. You may need to pay applicable fees directly to the providers of the services and agree to separate terms and conditions. We are not responsible for third party provided services including fees, costs, claims or refunds, unless they are provided by us.CHANGES TO AGREEMENT: We may make changes to this Agreement and our Club rules. We will try to do this fairly and by giving you 30 days Notice.LIABILITY: Unless otherwise expressly excluded in this Agreement, all implied terms, conditions, warranties, guarantees, rights or remedies that can be lawfully excluded are excluded. In particular we are not liable for death or injury caused by our negligence or breach of implied terms that services will be provided with reasonable care and skill at common law.
DDR SERVICE AGREEMENT
I/We herby authorize Quick Pay Pty Ltd ACN 096 902 813 (Direct Debit User ID number 165969)(herein referred to as “Quick Pay”) to make periodic debits on behalf of the “Business” as indicated on the attached Direct Debit Request (herein referred to as “the Business”)
I/We acknowledge that Quick Pay is acting as a Direct Debit Agent for the Business and that Quick Pay does not provide any goods or services (other than the direct debit collection services to me/us for the Business pursuant to the Direct Debit Request and this DDR Service Agreement) and has no express or implied liability in regards to the goods and services provided by the Business or the terms and conditions of any agreement that I/We have with the Business.
I/We acknowledge that the debit amount will be debited from my/our account according to the terms and conditions of my/our agreement with the Business andthe terms and conditions of the Direct Debit Request (and specifically the Debit arrangement and the Fees/Charges detailed in the Direct Debit Request) and thisDDR Service Agreement.
I/We acknowledge that the bank account and/or credit card details have been verified against a recent bank statement to ensure the accuracy of the details provided and I/We will contact my/our financial institution if I/We are uncertain of the accuracy of these details.
I/We acknowledge that it is my/our responsibility to ensure that there are sufficient cleared funds in the nominated account by the due date to enable the direct debit to be honoured on the debit date. Direct debits normally occur overnight, however transactions can take up to three (3) business days depending on the financial institution. Accordingly, I/We acknowledge and agree that sufficient funds will remain in the nominated account until the direct debit amount has been debited from the account and that if there are insufficient funds available,
I/We agree that Quick Pay will not be held responsible for any fees and charges that may be charged by either my/our or its financial institution.
I/we acknowledge that there may be a delay in processing the debit if:-
(1) there is a public or bank holiday on the day of the debit, or any day after the debit date
(2) a payment request is received by Quick Pay on a day that is not a banking business day in Victoria;
(3) a payment request is received after normal Quick Pay cut off times, being 4:00pm Victorian time, Monday to Friday. Any payments that fall due on any of the above will be processed on the next business day.
I/we acknowledge that I/We will contact the Business if I/We wish to alter or defer any of the debit arrangements. I/we acknowledge that any request by me/us to stop or cancel the debit arrangements will be directed by the Business.
I/we acknowledge that any disputed debit payments will be directed to the Business and/or Quick Pay. If no resolution is forthcoming, I/We agree to contact my/our financial institution.
I/we acknowledge that if a debit is returned by my/our financial institution as unpaid, a failed payment fee is payable by me/us to Quick Pay. I/We will also be responsible for any fees and charges applied by my/our financial institution for each unsuccessful debit attempt together with any collection fees, including but notlimited to any solicitor fees and/or collection agent fee may be incurred by Quick Pay.
I/we authorize Quick Pay to attempt to re-process any unsuccessful payments as advised by the Business.
I/we acknowledge that certain fees and charges (including setup, variation, SMS or processing fees) may apply to the Direct Debit Request and may be payable to Quick Pay and subject to my/our agreement with the Business agree to pay those fees and charges to Quick Pay.
I/we appoint Quick Pay as my/our exclusive agent with regard to the control, management and protection of your personal information (relating to the Business and contained in this DDR Service Agreement). I/we irrevocably authorize Quick Pay to take all necessary action (which we deem necessary) to protect my/our personal information including (but not limited to) prohibiting the release to or access by third parties (other than the Business) without my/our consent.
I/we irrevocably authorize Quick Pay to provide any personal information to the Business in a secure format if required by law, for auditing purposes or if the Business wishes to change is direct debit agent to another party.
I/we hereby irrevocably authorize, direct and instruct any third party who holds/stores my/our personal information (relating to the Business and contained in this DDR Service Agreement) to release and provide such information to Quick Pay on our written request.
Credit Card Payments
I/we acknowledge that Credit Card Fees are a minimum of the Transaction Fee or Credit Card Fee, whichever is greater on the Direct Debit Request.
I/we authorize: a) Quick Pay to verify details of my/our account with my/our financial institution and b) my/our financial institution to release information allowingQuick Pay to verify my/our account details.
This is an ongoing membership agreement, the agreement will continue until either you or the supplier terminates it in the way described in the agreement. If an automatic debit arrangement is in place, membership fees will continue to be debited fromyour credit card or account until you or your fitness centre cancels the arrangement by notifying your bank or credit provider.If you terminate the agreement or stop the automatic debt arrangement in a manner not described in the agreement, then you may be liable to the Club for damages for breach of contract
CHANGES TO AGREEMENT: We may make changes to this Agreement and our Club rules. We will try to do this fairly and by giving you 30 days Notice. LIABILITY: Unless otherwise expressly excluded in this Agreement, all implied terms, conditions, warranties, guarantees, rights or remedies that can be lawfully excluded are excluded. In particular we are not liable for death or injury caused by our negligence or breach of implied terms that services will be provided with reasonable care and skill at common law.