MEMBERSHIP TERMS AND CONDITIONS
1. MEMBERSHIP TERMS - Direct Debit Memberships (updated November 2018)
Please take sufficient time to review this Agreement. By signing this Agreement, you acknowledge that you understand that you have entered into a legally binding relationship between yourself and Fitness Forum Health Club. All rights and obligations are in force from the date of signing.
1.2 This Agreement is made between the "Member", whose name appears in the Membership Details page of this Agreement, and FelTe Pty Ltd T/A Fitness Forum Health Club ABN 36 185 204 127 [“Fitness Forum”]
Fitness Forum reserves the right to make changes to the Terms and Conditions of Memberships as are deemed necessary. Every effort will be made to ensure that Members are advised of such changes.
1.4 This Agreement is issued without any handwritten amendments or additions. Any handwritten amendments, representations or additions to this Agreement do not form part of the Agreement, and will not be recognised by Fitness Forum. In the event that the Member requires such amendment or addition, a separate Agreement will be created to reflect such amendments or additions, and submitted to Fitness Forum Club Manager for approval. In the event that there is any discrepancy between this Agreement and information that has been relayed to you by a member of staff, this Agreement is to be taken as the correct presentation.
1.5 MINIMUM AGE
Member shall have the legal capacity to enter in to this Agreement (i.e. be greater than 18 years of age). If the Member is of limited legal capacity (i.e. under 18 years of age), he/she represents that he/she has obtained the consent of his/her statutory representative prior to entering in to this Agreement, and that the signature of the Parent/Guardian contained herein, is that of the Member’s Parent / Guardian.
1.6 CHANGE OF DETAILS
It is the responsibility of the Member to notify the club of any changes to personal or bank details as soon as they occur.
1.7 TERM OF AGREEMENT
By signing this Agreement, you acknowledge that you understand that your Membership commences on the Membership Start Date as shown on page one of this Agreement. this membership will automatically be renewed on a fortnightly basis after the initial period has reached, unless you cancel this automatic renewal by providing Fitness Forum with a completed Request for Cancellation form (available on request from Fitness Forum) at least 30 days before cancellation.
1.8 COOLING OFF PERIOD
This Agreement is subject to a 7 days cooling off period calculated from the date the Application is accepted by Fitness Forum. During this 7 day cooling off period Member may terminate this Agreement, by completing a Fitness Forum Cancellation Request Form in person, and returning this Agreement and the Membership card to the club. Upon cancellation under this clause you will be refunded 50% of the monies paid, paid within 7 days of the receipt of the completed Cancellation Request Form. Refunds will be made by Cheque. No Cash refunds will be issued.
2. PAYMENT OF FEES
2.1 You have chosen to pay for your membership in fortnightly instalments. This Agreement authorizes Fitness Forum to charge/debit the Members credit card/bank account for the Fortnightly fees shown in this Agreement until the termination of the Membership in accordance with this Agreement.
2.2 Fortnightly Fees are payable (debited) in advance.
2.3 If Member fails to pay his/her Fortnightly fees by the due date, Fitness Forum reserves the right to refuse Member entry to Fitness Forum until such outstanding payment is received.
2.4 If for any reason payment of the Member’s Fortnightly Fees is declined by Member’s credit card/bank account a fee of $11.46 will be charged and will be payable by Member.
2.5 If fees are not received by the due date you agree Fitness Forum may continue to debit the nominated credit/debit account with the total amount due without notice to you.
2.6 This Agreement authorises Fitness Forum to charge/debit the Members credit card/bank account for the increased Fortnightly Fees after the Fees Payable date.
2.7 TRANSFERRING MEMBERSHIPS
Upon written application and approval from management, Direct Debit Memberships may be transferable upon written application and must be approved by management. A transfer fee of $27.50. Approval may be withheld at management’s absolute discretion.
2.8 TIME HOLD
Only memberships that have time-hold privileges may be put on hold. Time-hold request cannot be backdated. In exceptional circumstances, an application in writing to Management is required, and approval or disapproval for time-hold will be based on management’s absolute discretion. In cases of physical incapacitation, a doctor’s certificate will also be required.
2.9 In cases of pregnancy, extended On Hold may be issued upon presentation of a doctor's certificate stating time period when exercise is not recommended and the expected date of birth. Time hold may be offered up to six (6) weeks past the expected date of birth. Cancellation of membership prior to minimum term of agreement is not permitted during pregnancy.
2.10 The minimum suspension period is two (2) weeks; maximum period is two (2) months. A minimum of five (5) business days notice is required to put fortnightly debits memberships on time-hold. Less than five (5) business day’s notice may result in your next debit processed. The member, prior to the period of absence must complete a time-hold request form otherwise the time-hold will not be processed. There is a time-hold fee of $5.00 per fortnight for each time-hold request, this fee will be debited from your account. Should you time-hold your direct debit membership within your initial agreement, you are aware this will alter your minimum term accordingly. In the case of temporary physical incapacity that is validated by a medical certificate, the same procedure will be followed, but the member for time-hold will incur no cost.
2.11 Time hold due to fear of contracting a virus while attending Fitness Forum Health Club will be refused, until such time that NSW Health approaches Fitness Forum Directly to advise that we are to cease trade for a particular period of time. If you have travelled overseas recently and have been advised to self isolate for 14 days then we will at your request further extend your time hold at no charge. If you have been told to self isolate by your doctor then we will provide a 14 Day time hold at no expense once we receive a copy of this advice from your doctor. This can be scanned and emailed to us, under these exceptional circumstances.
2.12 During a time of forced closure by the Government, members will be given to option to suspend their membership or continue their membership, with access to a private Facebook Group. Direct Debits will be stopped for a minimum of 1 week after a forced closure to ensure that members have enough time to opt out using an online membership suspension form. We will make every effort during this hold week to contact and inform all our members of the option to opt out. This will be done by either email, SMS, Facebook, Instagram and our website, if not all of these. If we receive no response after this period, we will assume that the member wishes to continue their membership. Members who are in arrears prior to the date of the forced closure, will need to pay their accounts up to date before they will be able to put their membership on hold or gain access to the online content. They will continue to accrue a debt for each period they remain in arrears and our normal debt collection process will remain in place.
2.13 INCREASE IN FEES
Fitness Forum reserves the right to increase the rates for Direct Debit Memberships. Students who no longer in High School will be given the Member no less than 14 days notice in writing of the increase. The Notice will be sent to the Member’s last notified address.
2.14 Direct Debit Members are required to provide details of a direct debit account for immediate direct debit following the initial membership period.
Fitness Forum has an arrangement with an outsourced Debt Collections Agency and as such we are obliged to manage our accounts in a professional manner and reserve the rights to refer overdue amounts to collections. In the event of payment default the Member will be liable to Fitness Forum for all outstanding monies due and will be liable to pay Fitness Forum debt recovery expenses and legal costs.
3. CANCELLATION OF AGREEMENT
3.1 CANCELLATION PROCEDURES - Any request for Membership termination must be made in person at Fitness Forum premises. A Cancellation Form will need to be completed and authorised by Member. Requests via phone, fax, email or other mediums will not be processed. All Cancellation requests will be processed in accordance with this Agreement.
3.2 Early cancellation is permitted providing that the member pays Early Cancellation Fee of $195 or $259 as set out on terms of their agreement.
3.3 In exceptional circumstances, a early cancellation may be granted at a discounted fee upon an application in writing to Club Management, approval or disapproval for early cancellation will be based on supporting documentation (e.g. doctor's certificate stipulating specific conditions that indicate a permanent inability to train) or moving out of the area (in excess of a 10 kilometre radius). A copy of your name and new address will need to appear on either a Drivers license or a utility bill.)
3.4 Cancellation of existing memberships for the reason of fear of catching a virus will not be processed, we consistently operate above and beyond any advice in relation to health warnings and virus spread prevention. Unless specifically advised by Health NSW that we must close our business down, then all contracts remain valid as long as Fitness Forum Health Club is still trading.
3.4 All cancellations will be processed with a 30 day notice period as set out on the application form.
4. CLUB ACCESS
4.1 This agreement entitles the Member to the use of resources and equipment at Fitness Forum in accordance with the elements herein. Failure to use resources and equipment at Fitness Forum does not excuse the Member from the obligations contained within this agreement.
4.2 The nature of Membership under this Agreement is exclusive. The rights of Membership shall be enjoyed only by the Member.
4.3 Member agrees to have his/her photograph taken for use in member identification and Member must show his/her valid Fitness Forum Membership card before entry.
4.4 Membership card remains the property of Fitness Forum and must be returned upon request. It is provided for the sole use of the Member and must not be lent to another person. In the event of a lost or stolen Membership card, Member should contact Fitness Forum regarding the reissue of a replacement card. A fee of $11 will be charged to cover the cost of the replacement card.
5. UP GRADE/DOWN GRADE OF MEMBERSHIP
5.1 There is an administration fee of $10 for all upgrade and downgrade applications. Members wishing to down grade from a Full Access membership to Off Peak Access must be deemed to completed their initial membership term of agreement, if so you forfeit the right to last fortnight's membership at peak rates. No refund will be provided.
6. CLUB RULES
6.1 By signing this agreement you agree to abide by the rules set by Fitness Forum in relation to the use of its facilities and to conduct myself appropriately and follow the reasonable directions of Fitness Forum Health Club and its staff whilst I am on or about the premises. I acknowledge that if I fail to comply with any such
rules or directions and otherwise engage in behaviour which is offensive or disruptive to Fitness Forum Health Club or other members, that I may be asked to leave the premises, forcibly removed if necessary and/or have my membership cancelled. In such case no refund of membership will be paid.
6.2 Members are requested to adhere to the Gym Rules and Code. The code covers aspects of safety, hygiene and etiquette in the facility and notices on policy are displayed within the centre. Instructors are there to help you train safely and effectively. Please observe any instructions given regarding safe exercise technique and safe practice so neither yourself or others around you are put at risk. Children without clearance are not allowed on the fitness gym floor at any time.
6.3 In order to enable enjoyment of your Club by all parties, Member agrees to comply with the following rules:
6.4 Equipment is to be used and shared considerately.
6.5 In busy periods please the use of cardio equipment will be limited to 20 minutes if others are waiting to use this.
6.6 Smoking, alcohol, drugs are not permitted in the Club.
6.7 Workout attire must be clean and tidy. No jeans, offensive or torn items are permitted.
6.8 Towels must be used at all times and Member must wipe down equipment after use.
6.9 Sports shoes must be worn in the gym.
6.10 Footwear must be worn in all areas of the Club.
6.11 Member must be aware of their personal hygiene so it is appreciated if Member wears deodorant if necessary.
6.12 No promotion, or solicitation of business is allowed in the Club without prior permission of Fitness Forum
6.13 Foul language, yelling, fighting, aggressive or discourteous behaviour will not be tolerated. This applies to both while within Fitness Forum or online on any page or site that belongs to Fitness Forum. This also applies to any type of behaviour deemed to be negative to the promotion of Fitness Forum.
6.14 Member will book for classes, fitness appointments or crèche that require bookings and show consideration to other members by cancelling in advance any bookings that Members is unable to attend. In some cases a for non cancellations a fee may apply.
6.15 Member agrees to pay for any of the Club’s equipment or facilities damaged either deliberately or negligently by Member.
6.16 Tailgating through the front security door is strictly prohibited, members found allowing anyone to tailgate them through the front security door, when it is active, will receive one warning that will be noted on their membership. If this occurs on a second occasion Fitness Forum reserves the right to terminate the membership. No refund in respect of any fees paid will be made.
6.17 For the safety and consideration of other Members, Fitness Forum reserves the right to terminate the Membership of any Member found in breach of the Terms and Conditions contained herein. No refund in respect of any prepaid fees will be made.
7. RELOCATION & CHANGES
7.1 Member expressly acknowledges that Fitness Forum reserves the right to change the nature, format, presentation or number of services and facilities as deemed suitable. As much warning of any changes as is practicable, will be provided for Member’s information at the Club/s, and / or on the website.
8. FEEDBACK AND COMPLAINTS
8.1 All Feedback and Complaints must be made in person and in writing by completing the forms at Reception. Only written feedback and/or complaints will be processed by Fitness Forum.
8.2 Fitness Forum will respond to all Feedback and Complaints within 48 hours of receiving forms.
Fitness Forum Health Club collects and uses personal information about you primarily to supply the products and services you utilise at the Club.
Fitness Forum Health Club also collects and uses personal information for related purposes including:
• billing and account management;
• business planning and product development; and to provide you with information about promotions, as well as other products and services offered at Fitness Forum Health Club.
• If you do not provide all the personal information Fitness Forum Health Club request from you, Fitness Forum Health Club may be unable to supply the products or services you have requested. By providing your personal information to us you acknowledge that, and consent to us collecting and using your personal information to contact you for market research and to provide you information and offers about products and services offered by Fitness Forum Health Club.
8.4 Fitness Forum Health Club value the personal information you provide and will also take all possible precautions to prevent unauthorised access to that information. not give your personal information to any other organisation for their marketing purposes. with your assistance, keep your personal information accurate, complete and up to date.
9. FITNESS FORUM CODE OF CONDUCT
Warm up adequately prior to training and cool down adequately afterwards. Immediately stop training and inform an instructor if you feel dizzy or unwell, if you feel any sudden, sharp pain or if you experience chest pain, light-headedness, abdominal discomfort, unusual fatigue or shortness of breath or palpitations.
9.1 Do not eat a large meal or drink alcohol less than two hours before starting to exercise but do not exercise on an empty stomach. Maintain adequate blood sugar levels. Avoid dehydration by drinking water / fluids frequently. Use plastic drinks bottles with secure tops to guard against spillage over electrical equipment or over the floor.
9.2 Do not chew gum while training.
9.3 Do not use any equipment that you do not know how to use properly. Do not misuse the equipment. If you are unsure of any exercise, if you have never used free weights before, ask an instructor. It is essential that you know the correct technique as this enables you to train safely and effectively. Inductions can be booked at reception. Check the equipment before you use it. If there is a problem, please report it to Fitness Forum staff. If weights, pulleys or other moving parts become jammed, please inform a Fitness Forum instructor. Do not attempt to free them yourself as weights or parts may fall unexpectedly.
9.4 All equipment e.g. benches, bars must be returned to the exercise station from which they originally came or should be stacked tidily away as appropriate. Barbells, dumbbells and discs must be replaced in their correct places on the racks and disc posts. Do not rest equipment against the mirrors. Please wipe any sweat from benches, seats, handrails, consoles, mats etc. with the towels.
9.5 Please do not leave used paper towels, empty drinks containers, chewing gum etc lying around or on equipment and do dispose of it in the rubbish bins provided. Do not obstruct access to dumbbell racks, passageways, doorways, or fire exits. Avoid resting on weight machines between sets and do allow other users access to work in with you. “Right of way" belongs to the person who is performing the exercise.
9.6 Do not lean on the mirrors. Keep your head, hair, limbs and clothing clear of the moving parts of a machine. Make sure you position yourself correctly on the machine, that any selector pins are fully inserted and that the correct pin is used. Ensure any foot straps are secure. Smith Machine: Read the instructions on latching and unlatching the bar.
9.7 Collars must be used on the free barbells. Make sure that these are fastened securely on the bar. Use safe lifting technique when handling weights and never select weights that you (and your spotters) may be unable to control. Concentrate on correct technique. Maintain good form throughout all your repetitions. Lower weights in a controlled manner and do not let them crash onto the stack or onto the safety stops or onto the floor.
10. DISCLAIMER OF LIABILITY
10.1 The Member warrants and represents that he/she has consulted with his/her physician prior to beginning any exercise program, and has received approval to undertake same.
10.2 It is the Member’s responsibility to correctly use the Club’s equipment and facilities and premises. The use of facilities at Fitness Forum naturally involves a degree of risk of injury to the Member him/herself, or to other Members or guests, whether caused by the Member or third parties. By signing this Agreement the Member acknowledges that he/she understands and voluntarily accepts the risk.
10.3 The Member agrees that , its officers, directors, and employees will not be liable for any injury including, without limitation, personal, bodily, or mental injury, economic loss, or any damage to the Member, or his/her relatives or guests resulting from the negligence of Fitness Forum or anyone acting on Fitness Forum behalf, or anyone using the facilities.
10.4 The Member agrees to bear all responsibility for all liabilities or damages arising from any injury, including without limitation, bodily or mental injury, economic loss, or damage to another Member caused by the deliberate or negligent action of the Member him/herself. If any claim is made by anyone based on injury, loss or damage described herein, which involves the Member or his/her guest, the Member agrees to fully indemnify Fitness Forum against all claims and liabilities including legal fees resulting from the Member’s actions.
10.5 The Member understands that Fitness Forum does not manufacture fitness or other equipment, but purchases / leases equipment. The Member understands that Fitness Forum is providing recreational services and may not be held liable for defective products.
10.6 Fitness Forum is not responsible for any items lost or stolen on its premises for any reason whatsoever. Items of value should not be stored in day lockers. Member is solely responsible for safekeeping his / her belongings on the premises. In the event where this exemption clause is held unenforceable by the court, the Member agrees that Fitness Forum's maximum liability shall be limited to $200.
10.7 During each workout, the Member will have at his / her disposal, a locker to store his / her items. lockers must be cleared when the Member has finished his / her workout. lockers will be cleared each night, and cleared of any items remaining in them. Items will be donated to charity after 30 days, and Fitness Forum will not be responsible for these items after they have been cleared. All lockers must be locked with a key supplied by the Club.
11. MODEL RELEASE
11.1 By signing the direct debit authority with FelTe Pty Ltd trading as Fitness Forum Health Club I hereby give to FelTe Pty Ltd Trading as Fitness Forum Health Club and any persons acting with FelTe Pty Ltd's authority and permission:
11.2 the unrestricted right and permission to copyright and use, re-use, publish, and republish photographic portraits or pictures of me or in which I may be included intact or in part, composite or distorted in character or form, without restriction as to changes or transformations in conjunction with my own or a fictitious name, or reproduction hereof in colour or otherwise, made through any and all media now or hereafter known for illustration, art, promotion, advertising, trade, or any other purpose whatsoever.
11.3 I also permit the use of any printed material in connection therewith.
11.4 I hereby relinquish any right that I may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied.
11.5 I hereby release, discharge and agree to save harmless FelTe Pty Ltd trading as Fitness Forum Health Club and any persons acting with FelTe Pty Ltd’s authority and permission, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy.
12. COVID-19 / PANDEMIC RESPONSE
12.1 I hereby agree to abide to any health orders put in place by the NSW Department of Health or the NSW Government or by Fitness Forum Health Club, for the health and safety of all members and staff. This may include, but is not limited to, wearing a face mask while on the gym premises, wiping down of equipment both before and/or after use, maintaining the appropriate social distancing, temperature checks and being fully vaccinated against COVID-19 if required at that moment.
12.2 If I breach the health orders that are in place within Fitness Forum Health Club, Fitness Forum reserves the right to terminate the Membership of any Member found in breach. No refund in respect of any prepaid fees will be made.
12.3 Cancellation of existing memberships for the reason of fear of catching a virus will not be processed, we consistently operate above and beyond any advice in relation to health warnings and virus spread prevention. Unless specifically advised by Health NSW that we must close our business down, then all contracts remain valid as long as Fitness Forum Health Club is still trading.
I hereby affirm that I am over the age of majority and have the right to contract in my own name. If the Member is of limited legal capacity (i.e. under 18 years of age), he/she represents that he/she has obtained the consent of his/her statutory representative prior to entering in to this Agreement . I have read the above authorization, release and agreement, prior to its execution; I fully understand the contents thereof. This agreement shall be binding upon me and my heirs, legal representatives and assigns.
SUITE 1, 174 GREEN VALLEY RD, GREEN VALLEY NSW 2168
PH: 612 8783 8083