Resultz Gym Terms and Conditions
Before signing this Membership Agreement please take the time to read the following terms and conditions of your membership. 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 (manually or electronically) to the agreement you are agreeing to have read/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 Debit First 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 DDR overleaf. These terms are stated below.
In this Agreement unless the contrary intention appears:
a. The singular includes the plural and vice versa.
b. A reference to a party includes that party’s legal personal representative heirs and assigns.
c. “Member” includes the parent or guardian of the Member if the Member is 16 or 17 years old.
d. “The Club” means Resultz Gym named in the form of the agreement.
e. “Debit First” is Debit First Pty Ltd, PO Box 696, Burpengary, QLD, 4505. E-mail support: firstname.lastname@example.org.
All queries and comments about the Services provided under this Agreement should be directed to the Club. All queries and comments about the direct debit billing service should be directed to Debit First. The Member acknowledges that Debit First has been engaged by the Club to collect the fees due under this Agreement if paying by way of direct debit, and also acknowledges that all rights of the Club under this Agreement are able to be enforced by Debit First as if it were the Club without any involvement on the part of the Club or the consent of the Member.
3. RECEPTION AND ACCESS
All members must present their membership card upon entry to the Club. Card scan is compulsory for security and insurance requirements. Card replacement costs exist. Upon joining The Club a photo may be taken of you for security reasons relating to the safety of our members. The photograph will not be used for any other purposes and will be securely stored on our database.
a. Entry will be refused or a person requested to leave the Club if the person is:
i. abusive or uses offensive language or whose behaviour is threatening, or
ii. under the influence of drugs or alcohol
b. No smoking is permitted in the Club.
c. No chewing gum permitted in the Club.
d. Sweat towels must be used at all times.
e. Weights must be returned to their correct place after use.
f. Correct training attire and runners must be worn in the Club – no jeans, work clothes, boots, sandals, thongs, or clothing that is likely to cause offence to others are permitted.
g. No person under the age of 16 is allowed in the Club unless accompanied by a guardian or qualified instructor.
h. Food is allowed in the Club foyer / chill out zone only.
4. MEMBER STORAGE
Please look after your personal items. We offer an area where members can leave their belongings when they train. The Club employees, or contractors, are not responsible for any loss of personal property. Damage to, or the loss personal items are the sole responsibility of the member.
The Club 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.
5. MEMBERSHIIP ENTITLEMENTS - There are numerous membership options at The Club that have different entitlements.
a. Gym membership entitles you to the use of the club and its equipment during its hours of operation.
b. Platinum Boot Camp group training Membership (individual and couples) entitles you to unlimited group training sessions and the use of the club and its equipment during its hours of operation (an additional $33 access fee required for club access)
Membership at The Club requires you to:
a. Comply with all club rules.
b. Pay all agreed fees, ensure sufficient fees are available to cover all fees and advise us in advance if your bank account or credit card is closed or changed.
c. Inform us in advance if there is any risk to your health if you participate in fitness services.
d. You acknowledge that it is your responsibility to cancel direct debit facilities in respect of your membership when this agreement expires or is terminated.
7. SPECIAL CONDITIONS REGARDING MEMBERSHIP ENTITLEMENTS
a. The Club reserves the right to make changes to exercise equipment. The Club also reserves the right to make changes to the Group Fitness timetable at any time. (ie. alter class type, times and instructors).
b. All entitlements and entry into The Club may be revoked if a member’s account is in arrears.
c. 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 on the next scheduled payment date with a default fee of $6.60. 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.
8. CANCELLATION / TERMINATION This agreement is subject to a cooling off period. A cancellation request should be directed to The Club by e-mail. Your membership is subject to a 48 hr cooling off period and may be terminated on request during this time. A $25 administration fee plus any fees not paid for fitness services is payable to the club prior to the membership being terminated.
a. Membership termination - if you cancel your membership after the cooling off period and your membership fees are paid by direct debit or credit card, you must provide 14 days (2 weeks) written notice by forwarding an e-mail to email@example.com
b. Membership termination by The Club - if you are in breach of these terms and conditions or the club rules, the club reserves the right to terminate your membership agreement without notice.
c. Membership variation - we require 14 days notice to action any change of information attached to the membership. Changes may include but are not limited to updating personal details, bank details, emergency contact information etc. All membership variation information should be e-mailed to firstname.lastname@example.org
9. DAMAGE & PERSONAL INJURY
To the extent permitted by law, The Club and Debit First 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 The Club and/or Debit First, and/or any act or omission of The Club and/or Debit First.
10. ELECTRONIC ACCESS
Members are required to scan in at every visit with their access tag at the main entrance. In the instance that the member is visiting outside of reception hours, this will also unlock the door for entry. Any member supplying access to a non-member to this facility will be charged a $100 fee for every breach. The Club reserves the right to terminate your membership agreement if supplying non-members with access. Misuse of the emergency buttons will incur a fee of up to $5000. A replacement tag will incur an additional fee of $33. If for some reason remote access does not work call the number on your tag for entry upon CCTV identification.
11. PERSONAL TRAINING
Where the member is participating in personal training at The Club, the following stipulations apply. I agree to advise my personal trainer of any medical conditions, injuries or medications prior to my training session. I agree to participate in a personal training program at my own risk and I will not hold The Club liable for any personal injury or loss of property. Some personal trainers at The Club conduct their own businesses and are on a sublease arrangement. I understand that any contract entered into with a personal trainer with such an arrangement is a contract solely between the member and the personal trainer. All personal trainers that sublease at The Club are fully insured and qualified to a minimum Cert III and IV in fitness.
12. USE OF ILLICIT, ILLEGAL AND OR BANNED SUBSTANCES
Any member found using or supplying any other members of the Club with illicit, illegal and or banned substances i.e. steroids, will immediately have their membership terminated accompanied by a lifetime ban, and will be reported to the police. Any person found soliciting other members from the Club to participate in illicit, illegal and or banned drug use will also have their membership terminated, accompanied by a lifetime ban and will also be reported to the police. Any member found in possession or suspected of possession of illicit, illegal and or banned substances will be reported to the police immediately and have their membership acted on accordingly as above.
13. MEMBERS TRAIN AT THEIR OWN RISK
Entry is subject to the condition that no person shall have any right of action whatsoever against The Club, its owners, directors, officers or employees with respect to any injury, loss or damage (whether of a personal or property related nature) occurring at the club however caused. The club and its owners, directors, officers and employees are therefore released from legal liability of whatsoever nature
Suspensions of memberships are available at the Club. An access card re-activation fee of $33 will be applied to members’ accounts upon reactivation. 14 days’ notice is required for any membership suspensions.
15. 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. Should there be any arrears in payments the Member authorises Debit First 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 The Club or Debit First to provide you with the services contemplated by this Agreement. Debit First Privacy Statement is to be found on its website www.debitfirst.com The Club’s Privacy Statement can be obtained at The Club’s website.
17. CREDIT/DEBT REPORTING AGENCIES
If paying by Direct Debit, upon default by the Member in regard to any obligation under this Agreement and failure to remedy the default after notification, the Member authorises Debit First, on behalf of The Club, to notify any debt collection/credit reporting agency of the default. The Member authorises Debit First to add to the outstanding debt a Debit Collection fee.
18. INCREASE IN FEES
If paying by Direct Debit, The Club may at any time, upon sending written notice or e-mail correspondence 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 The Club in writing within 14 days of the date of the written notice sent by The Club. The Agreement will be terminated upon receipt of this notice. If the Member does not notify The Club 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.
19. ENTIRE AGREEMENT
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, The Club and Debit First relating to the subject matter of this Agreement and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.
All Direct Debit Membership agreements are considered ongoing membership agreements. 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 from your credit card or account until you or your Club 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. 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 The Club. The Member shall not consider that this Agreement has been terminated until such time as this is confirmed in writing/e-mail to The Club. Termination of this Agreement will also terminate the Direct Debit Request Authority.
DDR TERMS AND CONDITIONS
"I", "me", "you" and "your" means the customer referred to in the Customer Details of the Direct Debit Request. "Debit First ", "we" and "us" means Debit First Pty Ltd, ABN 46 276 349 200, PO Box 696, Burpengary, QLD, 4505. E-mail support: email@example.com.
"Principal" means the business or company referred to as the Principal in the Direct Debit Request and being the Principal from whom you have agreed to purchase any goods or services.
"Principal Agreement" means any agreement you have made whether verbally or in writing with the Principal for the purchase or supply of any goods or services.
"goods or services" means any goods or services supplied or to be supplied by the Principal.
"direct debit amount" means the Direct Debit amount plus administration fee referred to in the Direct Debit Request and includes any dishonoured direct debit amounts and bank reference fees or charges imposed by the Financial Institution, the Principal or Debit First consequent upon a direct debit amount being dishonoured and also includes any other amount you have agreed or authorised the Principal to directly debit from your account.
"account" means the bank account referred to in the Direct Debit Request and being the account from which we are authorised to arrange for funds to be debited.
"debit day" means the day that a particular debit is due to be made against your account.
- Debiting your account
(a) I request and authorise Debit First to debit my account as agent for and on behalf of the Principal for the direct debit amount in accordance with the frequency set out in the Direct Debit Request from the first direct debit date for the minimum number of direct debits or until cancelled in writing or e-mail by me to the Principal.
(b) I understand and agree that Debit First is acting as an agent for and on behalf of the Principal and as such is not required to provide or supply any goods or services to me nor shall I hold Debit First liable in the event that the Principal refuses or fails to provide or supply the goods or services.
(c) I agree that the direct debit amount may also include an administration fee and any dishonoured direct debit amounts and bank reference fees or charges imposed by the Financial Institution, the Principal or Debit First consequent upon a direct debit amount being dishonoured and also includes any other amounts you have agreed or authorised the Principal to directly debit from your account pursuant to the Principal Agreement.
(d) I agree that if the debit day falls upon a public holiday or weekend you may debit my account on the next business day.
- Changes by us
(a) I acknowledge that I have authorised the Principal to vary the direct debit amount or frequency from time to time in accordance with the terms of the Principal Agreement.
(b) I authorise Debit First to vary the direct debit amount or frequency as instructed by the Principal.
(c) I confirm I do not require Debit First to notify me of any changes to the direct debit amount or frequency provided that those changes are in accordance with instructions from the Principal.
(d) I agree that Debit First may vary the Direct Debit Request or the terms of the Direct Debit Request Service Agreement provided that Debit First gives me at least fourteen (14) days written notice.
- Changes by you
(a) I agree that if I wish to cancel, stop, defer, vary or change the direct debit amount, frequency or the Direct Debit Request then I must notify the Principal in writing with at least 14 days’ notice.
(b) I agree that Debit First cannot cancel, stop, defer, vary or change the direct debit amount, frequency or the Direct Debit Request unless instructed to by the Financial Institution or the Principal.
- Your obligations
(a) I acknowledge that it is my responsibility to ensure there are sufficient cleared funds in my account to allow the direct debit amount to be made in accordance with the Direct Debit Request.
(b) I agree that if there is insufficient funds in my account to meet the direct debit amount or if the direct debit amount is returned as dishonoured by my Financial Institution then I will be charged and agree to pay any dishonour fee or other similar charge imposed by my Financial Institution and I also agree to pay the Principal and/or Debit First any dishonour fees, bank charges, legal fees and any debit collection fees applicable with each dishonour.
(c) I agree to promptly check my account statement to ensure that the amounts debited from my account are correct.
(a) I agree to contact the Principal if I believe there is an error or dispute in respect of any direct debit amount.
(b) I understand that if the Principal is unable to resolve an error or dispute then I should contact my Financial Institution.
(c) I acknowledge and agree that Debit First must refer any request by me to resolve an error or dispute to the Principal.
(a) We will keep any information including your account details as set out in the Direct Debit Request confidential and only disclose such information if required by law or pursuant to the Direct Debit Request Service Agreement or Principal Agreement.
(b) I authorise Debit First to verify my account details with my Financial Institution.
(a) If you wish to notify us about anything it must be in writing and should be forwarded to Debit First Pty Ltd, PO Box 696, Burpengary, QLD, 4505. E-mail support: firstname.lastname@example.org
(b) Notices may be sent to you at the address disclosed in the Direct Debit Request or to the address last disclosed to us by you.