TERMS AND CONDITIONS OF MEMBERSHIP
“Membership” entitles the Member to use the Membership Services of Affordable Fitness Balmain for the Membership Term. These Membership Services include, but are not limited to, a Gymnasium, Cardio Equipment, Aerobic and Circuit Classes, Fitness Advice, Child Minding, and Change Rooms. Any facilities, services or privileges established by Affordable Fitness Balmain subsequent to the commencement of the Membership Term shall only be included in Membership (without further cost to the Member) at the sole discretion of Affordable Fitness Balmain. Membership is offered and accepted under the following terms, conditions, fees and charges:
1. Affordable Fitness Balmain reserves the right to change conditions of Membership, hours of operation, services offered at any time, at its sole discretion and without prior notice to the Member. When any such changes are made for new Members they will equally and simultaneously be changed for all existing Members.
2. The Member agrees to be bound by, and to uphold the “Affordable Fitness Balmain Guidelines for Members” (the “Guidelines”). The Member acknowledges that they have been provided with a copy of the current Guidelines. The Guidelines may be changed or updated by Affordable Fitness Balmain at any time at its sole discretion and without prior notice to the Member. The Member agrees that their Membership may be cancelled by Affordable Fitness Balmain if they do not adhere to the Guidelines, their behaviour in Affordable Fitness Balmain is not acceptable, or for any other reason that the management of Affordable Fitness Balmain decides is appropriate.
3. (a) The Member agrees to be bound by, and to uphold the MEMBERSHIP DUTIES AND OBLIGATIONS as stated below in this agreement. MEMBERSHIP DUTIES AND OBLIGATIONS may be changed or updated by Affordable Fitness Balmain at any time at its sole discretion and without prior notice to the Member
(b) the Member acknowledges and agrees that if He or She acts in any manner which is contrary to MEMBERSHIP DUTIES AND OBLIGATIONS in the opinion of Affordable Fitness Balmain , then Affordable Fitness Balmain may either suspend the Agreement for Membership (for any period and on any terms) or Affordable Fitness Balmain may terminate this Agreement for Membership forth with
(c)In the event that this membership agreement is terminated or suspended by Affordable Fitness Balmain as referred to in clause (3(b)) the Member shall not be entitled to any refund or credit of Membership Fees, in addition, the Member shall not be entitled to make any claim what so ever against Affordable Fitness Balmain arising from any such suspension or termination.
(d) Further, the Member acknowledges and agrees that He / She shall be liable for all damages, costs, and expenses which arise from the Members’ breach of the MEMBERSHIP DUTIES AND OBLIGATIONS and the Member acknowledges and agrees that He / She shall indemnify Affordable Fitness Balmain to the fullest extent in respect to any claim which may be made against Affordable Fitness Balmain by any other party.
4. The Member acknowledges that no one has made the Member any promises (whether verbal or written) to convince the Member to enter this Agreement and that the Member has no verbal agreements or understandings with Affordable Fitness Balmain that are not set out in this Agreement.
5. The Member acknowledges that they have been given the option of choosing a membership based on a Fortnightly billing Agreement.
6. “Freeze” entitles the Member to put Membership time on “hold” for one or more occasions during their Membership Term. Each occasion must be a minimum Freeze of two (2), and the total freeze of all occasions can not be more than three (3) months. Three (3) months is the maximum Freeze. If the Member has not re-commenced their Membership after a total of three (3) months of Freeze, then the Membership will automatically re-commence with the exception of clause (13).
7. Membership cards are not transferable under any circumstances. A membership card MUST be produced on EVERY visit otherwise a Casual Visit Fee will be charged. Lost cards will be replaced upon the payment $10.
8. Where the Member has entered into an Agreement for an Initial Membership Term of three (3) months or more, there is a seven (7) day cooling off period (the “Period”) that begins on the date the contract is signed, during which the Member may terminate this Membership and receive a refund (less applicable charges) by delivering written notice to Affordable Fitness Balmain. If any Membership Services have been provided to the Member during the Period, then the cost of those services will be deducted from the refund at the rates applicable to Casual Members. The Administration Fee will also be deducted.
Cancellation or Transfer of Memberships
9. A Fortnightly Debit Membership automatically continues after the end of the Initial Membership Term but may be cancelled at any time after the end of that Term by the Member completing a written notice (E-mail) of cancellation and sending it to Affordable Fitness Balmain. Membership will then be cancelled after two (2) further fortnightly membership payments. Suspensions and suspension fees are cancelled during a notice period. You acknowledge and agree that, except as otherwise set out in this Agreement or as required by law, all Fees are non-refundable upon termination of this Agreement and your failure to use the Facilities and Services does not allow for early termination of this Agreement nor does it warrant a refund of any type. You further acknowledge and agree that failure to use the Facilities and Services does not affect any of the terms of this Agreement and we are in no way responsible for your level of usage nor is it our responsibility to notify you of your usage at any stage.
10. A Fortnightly Debit Membership may be cancelled at any time prior to the end of the Initial Membership Term by the Member completing a written notice (E-mail) of cancellation and sending it to Affordable Fitness Balmain, provided that in so cancelling the Member will pay Affordable Fitness Balmain a $350 Cancellation Fee inclusive of GST. The Membership will then be cancelled on the next due payment date. If payment of the Cancellation Fee does not accompany the notice of cancellation, then the Member gives permission to Affordable Fitness Balmain to debit the Member’s bank account for the full $350 Cancellation Fee inclusive of GST on the next due payment date. A Fortnightly Debit Membership is non-transferable.
11. Paid in Full Memberships are non-refundable and non-cancellable by the Member, except as per Clause 12, but may be transferable under special circumstances as determined at the sole discretion of Affordable Fitness Balmain. Any transfer will be subject to a Transfer Fee of $50 that will be charged by Affordable Fitness Balmain to the Transferee. Affordable Fitness Balmain may transfer its interest in this Membership Agreement to another entity and if Affordable Fitness Balmain gives to the member written notice of its intention to so transfer this interest in the Membership Agreement, then the Member agrees:
(a) to the transfer of the Membership Agreement to the transferee;
(b) to Affordable Fitness Balmain assigning the benefit of this membership agreement to the transferee and agrees to be bound by the assignment whether or not the Member has entered into a deed of assignment or novation with the transferee; and
(c)if required by Affordable Fitness Balmain the Member agrees to enter into a deed of assignment (and do all other things necessary) to assign the benefit of this membership agreement from Affordable Fitness Balmain to the transferee.
Sickness or Incapacity
12. a)Where the Member becomes unable, by reason of permanent physical incapacity then the member will receive( subject to clause 12(b)) a refund of the unused portion of the Agreement for Membership less the cost of the membership services that have already been utilised / received by the Member and less an Administration Fee of $150 inclusive of GST.
b) In order for the member to terminate this Membership Agreement for reasons of permanent physical incapacity the member must provide to Affordable Fitness Balmain a medical report from a suitably qualified and licenced medical practitioner which confirms and certifies that the Member has a permanent physical incapacity which will prevent the Member from using the Membership services.
13. (a)where the member becomes unable by reasons of temporary physical incapacity to use the Membership Services, then the member will (subject to clause 13(b)) will be able to seek to Freeze the Membership for a period from between a minimum of (2) weeks up to a maximum period of six months.
(b) In order for the member to Freeze this Membership Agreement for reasons of temporary physical incapacity, the member must provide to Affordable Fitness Balmain a medical report from a suitably qualified and licenced medical practitioner which confirms and certifies that the Member has a temporary physical incapacity which will prevent the Member from using the Membership services and also provides a period of time that the temporary physical incapacity will apply.
(c ) the Member may not Freeze the membership for a period that exceeds the time period set out in the medical report referred to in clause (13(b))
(d) If the Member has not recommenced their membership after 6 months, then the Membership will automatically recommence, and the member will have no further entitlement to Freeze the Membership for any cause what so ever.
Exercise Programs and Personal Training Services
14. The member acknowledges that they have completed a pre-exercise questionnaire, and that they have been advised not to exercise until they have been contacted by one of Affordable Fitness Balmain’s Registered Fitness Leaders to discuss that questionnaire. The Member agrees to notify Affordable Fitness Balmain of any important change in their health and fitness.
15. The Member acknowledges that Affordable Fitness Balmain has offered to the Member one (1) appointment (the “Appointment”) for a fitness assessment and design of an exercise program with a Registered Fitness Leader. Such appointment(s) as set out on the front of this Agreement are included in the Membership without additional charge to the Member.
16. The Member agrees that Affordable Fitness Balmain has strongly recommended that the Appointment be taken at the first available opportunity and that the Member acknowledges that any refusal to accept such an Appointment is at the Member’s own risk.
17. Any additional appointments with one of Affordable Fitness Balmain’s Registered Fitness Leaders will be charged at $30 for an exercise program.
18. You must provide Affordable Fitness Balmain with at least 24 hours notice of all Appointment cancellations and alterations or you will forfeit that Appointment and be charged a $30 cancellation/alteration fee.
19. The Member acknowledges that the Appointment is for the design of an exercise program, which will then be followed by the member, and excludes Personal Training Services.
20. The Appointment is not for the purpose of Personal Training services which includes any physical training, nutritional advice, or fitness testing. Personal Training is offered to the member at a base rate of $80 per hour, with discounts available for purchasing blocks/packs of Personal Training sessions.
21. All Appointments for Fitness Programming and Personal Training Services are conducted by Affordable Fitness Balmain.
Member’s Assumption of Risk
22. The Member is aware that the use of the premises and its facilities and the Member’s participation in the classes and programs conducted by Affordable Fitness Balmain may involve strenuous activity and special risks. The Member hereby expressly assumes all risks (special or otherwise) associated with such use and participation and the Member releases Affordable Fitness Balmain and its directors, employees, contractors, and agents (the “staff”) from all liability or responsibility whatsoever for personal injury, property damage or death to the Member or any minor in the Member’s care or control, including, but not, limited to the negligence (whether passive or active) of Affordable Fitness Balmain or its staff or any other person using the premises. The Member acknowledges and agrees that it is the Member’s responsibility to ensure that the Member operates and uses any of Affordable Fitness’ Facilities and/or equipment in accordance with the instructions provided on the equipment or by the staff or management of Affordable Fitness. If the Member is in any doubt whatsoever as to how the Member must operate any Affordable Fitness equipment or use any Affordable Fitness facilities then the Member must consult the staff or management of Affordable Fitness prior to using such facilities and/or equipment.
The Member must follow all health & safety protocols put in place at the Premises in relation to COVID-19. The Member understands that they release and discharge Affordable Fitness Balmain from any liability or claim that may arise from the member being affected by COVID-19 or any other pandemic, as a result of using the facilities and equipment within the Premises or engaging with other people within the Premises. These conditions also apply to the Member’s children, children in their care, family, friends and associates that enter the Premises.
The Member acknowledges that they have completed a Pre-Exercise Questionnaire and have declared that they have no medical condition/s that may make it dangerous for the Member to participate in physical activity/exercise. The Member warrants and represents to Affordable Fitness Balmain as at the date of this Agreement and on each occasion that the Member attends at Affordable Fitness Balmain Premises, that the Member is in a good physical condition to enable the Member to use the Affordable Fitness Balmain Facilities and Affordable Fitness Balmain Membership. ln addition, the Member warrants and represents at all times that the Member is not aware of any medical or other reason that would prevent the Member from engaging in exercise at the Affordable Fitness Balmain Premises and from using the Affordable Fitness Balmain Facilities. The Member must immediately notify Affordable Fitness Balmain in writing of any change in the Member’s medical or other condition that would affect the Member’s ability to exercise or use the Affordable Fitness Balmain Facilities.
20. A Fortnightly Debit Membership may be paid by direct bank debit. These payments are subject to the terms and conditions of Debitz Pty Ltd.
21. Should any payments, fees or other debts remain due but unpaid from any source, the Member acknowledges that Affordable Fitness Balmain may suspend the Member’s use of the Membership Services until all payments, Fees and other debts are paid in full. If payment is not received the Membership may be cancelled. On each occasion that a scheduled fortnightly payment is declined for any reason, the Member gives permission to Affordable Fitness Balmain to charge a Payment Declined Fee of $15.00 inclusive of GST to the Member’s account.
22. It is your responsibility to ensure cleared funds are available in your nominated bank account to meet the direct debit payment. If a debit is returned unpaid by your financial institution, you will be responsible for payment of the debit plus an addition $15 for decline fees and administration costs incurred by Debitz (Debit User). If Affordable fitness has not received instruction to the contrary from you we will debit both the next due payment and any overdue amounts on your next scheduled debit date. If a debit is returned unpaid by your financial institution two times in a row, you will be liable for costs incurred if a matter is referred to a debt collection agency.
Fees and Charges
23. a) The Member acknowledges and agrees that, except as otherwise set out by this Agreement or as required by Law, all Fees are non-refundable upon termination of this Agreement for Membership and the Members’ failure to use Membership Services does not allow for early termination of this Membership Agreement nor does it warrant a refund of any of the Membership Fees. b) The Member also acknowledges and agrees that failure to use the Membership Services does not affect any of the terms of the Membership Agreement and that Affordable Fitness Balmain is no way responsible for the Members level of use of the Membership Services, nor is it Affordable Fitness Balmain responsibility to notify the Member of the Members level of use of the Membership Services at any time.
24. In the event that Affordable Fitness Balmain relocates its business and Membership Services to new premises within 3 kilometres of where they are currently located, then the Member acknowledges and agrees that the Membership will be transferred to the new premises and the Member will not be entitled to make any claim what so ever against Affordable Fitness Balmain because of such transfer.
25. Please note that if this Membership is Terminated at any time for any reason the Member shall not be entitled to receive nor claim any compensation or payment from Affordable Fitness Balmain in respect of any Promotional Membership Time nor the Administration Fee.
In this Membership Agreement, unless otherwise indicated by the context:
(a)Words importing the singular include the plural and vice versa;
(b)Headings are for convenience only and do not affect interpretation of this Membership Agreement;
(c)A reference to a clause, paragraph or schedule is a reference to a clause, paragraph or schedule of the Membership Agreement;
(d)Where any word or phrase is given a definite meaning in this Membership Agreement ;speech or other grammatical form of that word or phrase has a corresponding meaning;
(e)An expression importing a natural person includes a body corporate, partnership, joint venture, association or other legal entity;
(f)A reference to a statute , statutory provision or regulation includes all amendments , consolidations or replacements thereof;
(g)A reference to a party to a document includes that party’s legal personal representatives , successors and permitted assigns;
(h)A covenant or agreement on the part of or for the benefit of two or more persons binds or benefits them jointly and severally; and
(i)A reference to a body, whether statutory or not
(i)Which ceases to exist; or
(ii)Whose powers or functions are transferred to another body;
Is a reference to the body which replaces it or which substantially succeeds to its powers or functions
(a)Administration Fee shall be the amount stipulated and referred to in the Membership Agreement that is non refundable should the Membership Agreement be terminated by the Member or Affordable Fitness Balmain.
(b)Membership Agreement means this agreement and its annexures
(c)Membership shall mean the Membership Agreement between Affordable Fitness Balmain and the Member as well as the details entered into by the Membership Agreement including the initial term and any promotional time
(d)Member shall be the person who is nominated under personal details and referred to in the Membership Agreement.
(e)Membership Fees are the amounts referred to as Membership Price in the Membership Agreement
(f) Premises shall be , 372 Darling St, Balmain 2041 or such other premises in which Affordable Fitness Balmain will conduct or provide the Membership Services from time to time
(g)Membership Services shall include, but are not limited to, a Gymnasium, Cardio Equipment, Group exercise Classes, Fitness Advice, and Change Rooms.
(h)Freeze shall be the time a member did not used the Membership Services and either; not charged the regular membership fees or the initial term of the membership was paused
(i)Initial term , is the minimum time the Member shall pay the Regular Membership Fee or the amount of time the Member prepaid for, without ant promotional time included.
(j)Promotional Time is the amount of time Gifted to the Member free of charge either at the time of joining or during the initial term.
(k)Guidelines are the terms, conditions, duties and obligations as detailed in the Membership Agreement referred to as Membership Duties and Obligations
MEMBERSHIP DUTIES AND OBLIGATIONS
1 The gym agrees to admit a prospective participant into membership provided the proposed participant agrees to be so admitted and bound by the following obligations:
1.1 A prospective participant will be admitted into membership upon:
1.1.1 Completion of the application form;
1.1.2 Payment of application fee;
1.1.3 Consent to have a photograph taken and making yourself available for a photograph to be affixed to your membership card;
1.1.4 Confirmation by the gym that you have been admitted as a member
1.2 The obligations of a member are:
a) The membership card of a member must be presented upon every visit, otherwise you will be charged a casual visit rate.
b) Any guests of a member are to be checked in at the front desk on arrival
c) No packages or messages may be left for a member or their guests
d) The gym or its employees will not be held responsible for any messages left for the attention of its members or guests.
e) Reception telephones and computers are not for members or their guests use
f) Any member or guest who wishes to acquire a personal training program or book a personal training session must do so in person
g) Cancellation of personal training sessions will incur a $30 cancellation fee, to be paid prior to the participation in the next class at the gym..
a) All members must be suitably dressed at all times, including and limited to shorts, long pants, shirts, t-shirts, tracksuits etc
b) A member wearing swimwear will not be admitted into the gym
c) A member wearing work boots or thongs will not be admitted
d) Covered shoes must be worn at all times whilst on the gym premises
a) Any member or guest using what is considered to be offensive language, inappropriate behaviour or anything that could be considered “sexual harassment” on the gym’s premises to other members, guests or staff, is prohibited
b) All members and guests are expected at all times to use courteous behaviour to other members, guests and staff
a) The theft of any items by members or guests will be reported to the Police
1.2.5 Hygiene and Health
a) All members and guests must wear deodorant prior to the participation in any class or training on the gym premises
b) All members and guests must use a towel on all equipment
c) Members and guests are prohibited from taking any liquid other than water into the carpeted areas
1.2.6 Schedule time:
a) Strictly no entry is permitted 5 minutes after group fitness classes have commenced
1.2.7 Use of equipment
a) All members and guests are not permitted to bring bags onto the gym floors
b) All members and guests must observe there is a 20 minute limit on all cardio equipment during the advertised peak times
c) All members and guests must return any weights to the designated rack after use
1.3 During the members or the guests attendance on the premises of the gym, they shall:
a) Observe and conform to all duties and obligations referred to in paragraph 1.2
b) Observe and conform to all directions and requests of the gyms’ employees, staff and management
2 The gym may immediately terminate upon giving written notice to the member if any of the following occur:
2.1.1 A member breaches any of the obligations referred to in paragraph 1 above
2.2.2 A guest of any member breaches any of the obligations referred to in paragraph 1 above
2.2.3 Membership fees are unpaid for a continuous period of seven (7) days after the due date
3 The service of any notice under or relating to this agreement shall be sufficient served if:
3.1.1 Delivered personally to the member to be served; or
3.1.2 Left at or sent by prepaid post to the address of the member to be served, last known place of abode or business of the party to be served
3.1.3 The electronic transmission to the last known E-mail address or mobile phone number to be served shall be deemed to have been duly served at the time such electronic transmission is sent