TERMS & CONDITIONS
Welcome to Fit Academy. To ensure that we are able to provide a safe and comfortable environment for all members and staff, please assist us by ensuring that you comply with the following conditions. We advise you to only sign the membership agreement if you understand and agree with these conditions. The information outlined in these terms and conditions can / will be used in the event of a discrepancy.
By signing the agreement you are agreeing to have been given a copy of this agreement and agree to abide by the rules of membership. You also acknowledge and agree that you are medically sound to undertake a normal course of exercise, you use the Club facilities at your sole risk and responsibility and you are aware that exercise is physically demanding and participation in some activities may pose a risk to your health. This agreement also relates to the member’s authority to Ezi Debit Pty Ltd to directly debit the nominated bank account or credit card for any instalments or fees due under the terms and conditions of this Agreement and Direct Debit Request.
In this Agreement unless the contrary intention appears:
The singular includes the plural and vice versa.
A reference to a party includes that party’s legal personal representative heirs and assigns.
“Member” includes the parent or guardian of the Member if the Member is under 18 years.
“Member” refers to the name in which the membership account has been created, which at times may differ to the party paying for the membership.
“Ezi Debit” is Ezi Debit Pty Ltd, PO Box 3327, Newstead, Qld, 4006, Phone: (07) 32245500. All queries and comments about the fitness club services provided under this Membership Agreement should be directed to the Centre. All queries and comments about the direct debit billing service should be directed to Ezi Debit. The Member acknowledges that Ezi Debit has been engaged by the Centre to collect the fees due under this Membership Agreement if paying by way of direct debit, and also acknowledges that all rights of the Centre under this Membership Agreement are able to be enforced by Ezi Debit as if it were the Centre without any involvement on the part of the Centre or the consent of the Member.
1. GENERAL CONDITIONS OF ENTRY
To assist us in maintaining a safe and comfortable environment for all members and staff, please abide by the following conditions. Failure to abide by these conditions may result in the suspension or termination of your membership.
ENTRY - Entry will be refused or you may be requested to leave the Club if:
You are using abusive or threatening language or behaving in a threatening way.
You are under the influence of drugs or alcohol.
DRESS CODE - Fully enclosed, clean sports shoes must be worn during workouts for safety reasons. Members are required to wear a singlet or t-shirt at all times in the Health Club. Clothing must be clean and tidy with no offensive prints or designs for the consideration of other members.
TOWELS - Please use a towel when participating in classes and when exercising on gym equipment to maintain hygiene and safety standards.
CHILDREN - Children up to and including 12 years of age, who are not members of Fit Academy, are not permitted anywhere within our Club except for during normal specialised child adults and cadets classes. Children who are 13-14 years of age (inclusive) may become Fit Academy members and have restricted access to Club facilities only whilst they are fully supervised by a personal trainer and /
or a parent or legal guardian. Children 15 years of age or older can join as a member (with authorisation of parent or guardian) but may have restricted access to some facilities and services.
PERSONAL TRAINING - Personal training services are available for use in Fit Academy clubs for an additional fee. Please contact your Club for more information or see the personal training noticeboard and make contact with one of our trainers directly. Please note only authorized Fit Academy Trainers are permitted to train members in Fit Academy locations.
2. USE OF EQUIPMENT
For the safety of you and others, please follow all equipment operating and safety instructions on the equipment. If you are not sure of correct use or operation of equipment please seek assistance from a team member. Where Functional Training Zones are available please seek assistance from a Personal Trainer if you are unfamiliar with the equipment or its safe and appropriate use.
We ask that you return weights and equipment to their location when you have finished with them. This includes unloading plates from machines and bars when you have finished.
3. LOST PROPERTY
We highly recommend that you use storage for your belongings. Fit Academy does not take responsibility for loss or damage of your belongings. Any items of lost clothing will be held for two
weeks, and then donated to charity.
ENTITLEMENTS - Membership at Fit Academy Clubs entitles you to:
Attend as many sessions as you wish in a given period providing you membership allows you access. Participate in normally scheduled sessions
Use of exercise equipment located on the gym floor and cardiovascular training areas.
5. OBLIGATIONS –
Membership at Fit Academy Clubs requires you to:
Update your contact details when they change so that we can keep in touch.
Comply with all Conditions of Entry (see in Club signage) and the guidelines in this document.
Pay all agreed fees, ensure sufficient funds are available to cover all fees and advise us in advance if your bank account or credit card is closed or changed.
Inform us in advance if there are any risks to your health if you participate in fitness services and if required seek approval from your Doctor or General Practitioner.
You acknowledge that it is your responsibility to cancel direct debit facilities in respect of your membership when this agreement expires or is terminated.
SPECIAL CONDITIONS REGARDING MEMBERSHIP ENTITLEMENTS
There are variations in the facilities and services provided at different Fit Academy Clubs. To ascertain exactly what a particular Club provides in addition to the above entitlements, please enquire at the Club directly. There may be additional fees charged to access these facilities and services.
Fit Academy reserves the right to make changes to exercise equipment supplied in any of its Clubs at any time. Fit Academy also reserves the right to make changes to the timetable at any time. (ie. alter class type, times and instructors).
All entitlements and entry into any Fit Academy Club is revoked if a member’s account is in arrears in excess of $50.00.
If your automatic direct debit reverses or is returned to us by your financial institution we will attempt to contact you about retrying the debit. If the debit remains outstanding it will be processed within 14 days of the reversal with any reversal and late fees that apply. If you fail to pay us the fees by the due date, we are entitled to refuse you entry to the Club. If unpaid fees remain outstanding and after attempts by us to rectify the arrears, your membership may be forwarded to a collection agency for further action.
6. CANCELLATION / TERMINATION
(a) During Cooling Off Period:
Your membership is subject to a 7 day cooling off period. The cooling off period applies to new memberships only and does not apply to membership transfers or renewals. The cooling off period
starts from the date the agreement is entered into (the date the agreement is signed) and ends at close of business 7 days later and may be terminated under the following conditions:
Fit Academy requires a written request to terminate the membership within the time frame specified as the cooling off period from signing the membership agreement.
All monies paid will be refunded with the exception of the My Zone Belt Fee.
(b) Permanent Sickness or Physical Incapacity:
Fit Academy requires a written cancellation request advising the nature of the illness or physical incapacity, outlining specifically how this prevents you from utilising any of the services or facilities
that Fit Academy is able to provide. Fit Academy requires a medical certificate stating that you cannot utilise any fitness services or facilities because of your permanent illness or physical incapacity.
(c) Cancellation for any other reason
Fit Academy requires that a written cancellation request form be completed and all requests must be directed, in the first instance, to Fit Academy. The minimum fee amount is written on the front of
this contract. Cancellation within Minimum Term: You may terminate this Agreement before the expiry of the minimum term (or payment amount) if all instalments and fees due up to the date of termination are paid. Cancellations after completion of Minimum Term: There will be a period of notice of 30 days (or in
SA - the specified supply period), unless otherwise specified, from the date of cancellation request to the date of termination, during which any payments that fall due must be paid in full. The notice period will exclude suspension or payment break time applied to your membership. Any instalments/fees due at the date of termination (including instalments/fees which fall due during the notice period) will remain a debt owed to and recoverable by Fit Academy and/or Ezi Debit. The Member shall not consider that this Agreement has been terminated until such time as this is confirmed in writing to the Member by Ezi Debit (not more than 14 days after the termination date). Termination of this Agreement will also terminate the Direct Debit Request Authority.
(d) Termination by Fit Academy
Fit Academy reserves the right to terminate this membership agreement in accordance with the following conditions:
Failure to abide by any of the criteria listed in the Conditions of Entry (posted in your Club) or the items listed in this agreement.
Action upon a complaint by either a Club member or an employee (or contractor) of Fit Academy Clubs. clubs during unstaffed hours.
7. DAMAGE & PERSONAL INJURY
To the extent permitted by law, Fit Academy and Ezi Debit excludes any liability to the Member in Agreement, tort, statute or in any other way for any injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by the Member and/or any other person, or for any costs, charges or expenses incurred by the Member, arising from or in connection with this Membership Agreement and/or the services/products provided by Fit Academy and/or Ezi Debit, and/or any act or omission of Fit Academy and/or Ezi Debit.
8. SAFETY, MAINTENANCE & SERVICE DEMAND
From time to time Fit Academy may be required to make changes to the operation of the premises, these may include:
Changing the operating hours to suit demand.
Changing the availability of facilities or services within the Club.
Closing off part of the premises or equipment for maintenance or safety reasons.
Changing Conditions of Entry or Club Rules.
Where this occurs Fit Academy will provide reasonable notice on the Club notice
Suspensions are available for a minimum period of two weeks and a maximum of four weeks per year. A suspension form must be completed in person at the Club at least 10 days before the period requested and cannot be back dated. A fee of $5.00 per week applies to suspend your membership and is payable in advance on pre-paid memberships and non direct debit clients. Direct debit clients will have their suspension fees directly debited. Membership suspension fees do not contribute to the total minimum membership fee.
10. PAYMENTS BY DIRECT DEBIT
If paying by Direct Debit the Member agrees to pay the instalment amount at the agreed payment frequency until this Agreement is terminated in accordance with clause 6. Should there be any arrears in payments the Member authorises Ezi Debit to debit the outstanding balance in order to bring the account up to date.
A Customer’s “personal information” (as that term is defined in the Privacy Act 1988 (Cth)) will only be used by Fit Academy or Ezi Debit to provide you with the services contemplated by this Agreement. Ezi Debit’s Privacy Statement is to be found on its website.
12. INCREASE IN FEES
If paying by Direct Debit, Fit Academy may at any time AFTER the end of the minimum term, upon
sending written notice to the Member's last known address and giving 14 days notice, increase the instalment amount. If the Member wishes to terminate this Agreement as a result of the increase in the instalment amount, the Member must notify Fit Academy in writing within 14 days of the date of the written notice sent by Fit Academy. The Agreement will be terminated upon receipt of this notice. If the Member does not notify Fit Academy of its intention to terminate this Agreement within such specified time period, then this Agreement will remain in force and the increase in the instalment amount will be deemed to be accepted by the Member.
This Agreement, and the DDR Service Agreement (if paying by Direct Debit) constitute the entire agreement, understanding and arrangement (express and implied) between the Member, Fit Academy and Ezi Debit relating to the subject matter of this Agreement and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral. VICTORIA Clause 14: Warning under the Fair Trading Act 1999
a. If you participate in these activities your rights to sue the supplier under the Fair Trading Act 1999 if you are killed or injured because the activities were not supplied with due care and skill
or were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in or on this notice/appointment.
NOTE: The change to your rights, as set out in or on this notice, does not apply if your death or injury is due to gross negligence on the supplier’s part. “Gross negligence” is defined in the Fair Trading (Recreational Services) Regulations 2004.
b. Under the provisions of the Fair Trading Act 1999 several conditions are implied into Membership Agreements for the supply of certain goods and services. These conditions mean that the supplier named on this form is required to ensure that the recreational services it supplies to you are
*rendered with due care and skill; and
*as fit for the purpose for which they are commonly bought as it is reasonable to expect in thecircumstances; and
*reasonably fit for any particular purpose or might reasonably be expected to achieve any result you have made known to the supplier.
Under section 32N of the Fair Trading Act 1999, the supplier is entitled to ask you to agree that these conditions do not apply to you. If you sign this form, you will be agreeing that your rights to sue the
supplier under the Fair Trading Act 1999 if you are killed or injured because the services were not rendered with due care and skill or they were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in this form.
NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part. “Gross negligence” is defined in the Fair Trading Recreational Services) Regulations 2004.