I, the signed applicant with Freeway Fitness Pty Ltd “FSC” (ABN 59689980042) and/or Just Ladies “JL” understand and have read the terms & conditions of my contract membership agreement and agree with the following terms set forward below.
Health & Fitness Club Code of Conduct
Whilst on the property of FSC/JL I will abide by all club rules and acknowledge that these rules may alter from time to time without notice. A current copy will always be available at reception upon request. I shall not behave in a manner that could be deemed to be offensive and/or dangerous to myself or any other person. I, the applicant agree to follow the lawful directions of management and staff of FSC/JL at all times whilst on the property and using the facilities offered by FSC/JL pursuant to the terms and conditions of this membership agreement. I the applicant give permission to FSC/JL to communicate with me via mail, telephone, messaging and email. It is my own responsibility to check any changes to club rules and my own regular debit amounts. I, the applicant warrant to FSC/JL that I am not suffering from or have never suffered from any medical condition that shall pre-dispose me to a threat of any sort, of illness and/or injury and/or death as a result of the using the facilities offered by FSC/JL. Upon request I, the applicant is required to supply a medical certificate to the club and its staff. I, the applicant will not pursue any and/or all suits actions claims and/or liabilities against management and staff of FSC/JL, including but not limited to illness, death and/or damage or loss of personal property.
I,the applicant agree to pay the membership fees in accordance with the particulars as set out in this membership agreement in relation to payment amounts and due dates set out in this membership agreement.
I, the applicant acknowledges that the membership fees as set out in the particulars of this membership agreement may change from time to time and notwithstanding any change in the membership fees I, the applicant agree to pay those increased membership fees irrespective of whether I, the applicant has received notice of increase of these fees; notice will be supplied at FSC reception.
I acknowledge that when minimum term has been achieved that a price increase may occur. Any increase will be calculated in accordance with the Consumer Price Index and within the principles as set out by the Australian Bureau of Statistics for that previous 12 month period from the date of the membership agreement. FSC and /or JL will not increase the fees as set out in the particulars of this membership agreement during the minimum term as set out in this membership agreement notwithstanding any terms and conditions to the contrary herein; Upon signing the agreement I, the applicant acknowledge that I shall be bound to pay FSC/JL the total cost of the minimum term as set out in the particulars of this membership agreement notwithstanding the fact that I, the applicant may during the minimum term not attend the facilities offered by FSC/JL pursuant to this membership agreement.
Debit fees and charges
I, the applicant acknowledge there are fees for direct debit setup of $45.00, regular maintenance fee from $1 and failed fees from $20. Amount can vary dependent upon my financial institution. If the debit fails, a re-bill will be conducted a week from the failed debit unless otherwise arranged. I, the applicant am responsible to notify FSC/JL of any changes to my account or contact details to permit and facilitate the direct debit arrangement as per the agreed terms and conditions. I the applicant am responsible to have sufficient funds in the nominated financial institution and any collection fees incurred by FSC/JL including but not limited to any legal costs and/or the commission of a collection agent or staff appointed by FSC/JL for the purpose of recovering the unsuccessful debit payment. In the event of unrecovered failed payment, I the applicant will be sent to a debt collector and any fees related to these processes will be required to be paid along with all unpaid membership fees. Until all fees are paid in full FSC management reserves the right the suspend membership and applicants club access. All dishonor fees are due before club admittance is allowed, failure to pay unattended/ late cancelation appointment fee within 1 month of incurring fees will result in fees to be debited and/or membership suspension until fee’s are paid and/or retrieved/debited. In the event that the applicant membership fee due date lapses a 10% late fee will apply.
Delays in Debits
A delay may occur in the processing of a direct debit if : There is a public or banking holiday on the day or on the day after payment is due to be made by Direct Debit entry. A payment is received on a day, which is not a banking or business holiday, or after the normal close of business banking day, or insufficient processing time has not been supplied from applicant to FSC/JL. I give permission for FSC/JL to verify the details of my/our account with my/our financial institution. My/our records and account details may be required by my financial institution in connection with a claim made on it relating to an alleged incorrect or wrongful debit.
Changes in Membership Details
I, the applicant acknowledge that the club does not offer any refunds and /or all monies paid for change of mind or changes to individual circumstances and that the club requires client’s signatures of consent on appropriate document available at reception to suspend, transfer, change membership details or cancellation. Suspension ($10 fee), membership transfer ($55 fee), change of details and cancellation will not be accepted via email, fax or mailed letter. Suspension is a maximum of 4 weeks within term. Any longer or multiple suspensions a medical cert or flight itinerary must be submitted. Replacement membership card fee is $10.
Debit / Membership Cancellation
All membership contracts have a 24 hour cooling off period from the date of the signed contract and must be done during normal staffed business hours. To utilize the cooling off period, I the applicant must speak face to face with a club representative at the club and sign the appropriate forms. If the membership is a direct debit the Joining fee, admin fee, pro rata and first debit will still be applicable/ debited to cover costs to the club. If the membership is a paid in full, 15% of the total membership fees will be needed to be paid to cover the costs to the club to cancel membership.
In the event that I, the applicant wish to cancel a direct debit authority as set out in the particulars of this membership agreement, I, the applicant agree to provide to FSC/JL the 28 days’ notice of the request to cancel which will start from the date of the signed cancellation form (form to be completed with the appropriate club representative on Tuesday or Friday during staffed hours). The 28 day notice can only be given 28 days prior to the minimum term ending or thereafter. FSC/JL has the authority to direct debit payments due within the 28 days. The cancellation will be effective after such notice has been received and minimum term/active months completed. Any outstanding monies relating to this agreement must paid before cancelation. Cancellation prior to minimum term / active months completion will only be accepted upon providing proof of moving (Real Estate letter) of 30km or more from location of club (reference of km will be via Google maps) or upon presentation of medical certificate which must state that “the individual is unable to use any of the facilities provided within the club indefinitely. This includes the use of any of the following: pool, sauna, spa, cardio equipment, gym equipment, upper and lower body exercises and stretches, all style of classes and including gentle and or no impact exercises”. Only once either of these has been submitted to management for review and documents confirmed, upon approval a $250 cancellation fee will apply along with the club cancelation procedure of the 28 Days’ notice.