Carmen Get Fit General Terms and Conditions

10.06.2015




These are the Terms and Conditions on which Carmen Get Fit Personal Training (“we”, “us”, “our” or “CGF”) is willing to provide membership to you. Any variation to these Terms and Conditions must be in writing and signed by our authorised officer.

1.       Parties:

This agreement is made between Carmen Get Fit Personal Training ABN 26247032467 and the member whose name appears in the application for membership agreement. The member’s name who appears in the application acknowledges that they are over the age of 18. Any members under the age of 18 must abide and agree to the “Youth Terms and Conditions”. We have seven days after the formation of the CGF Membership Contract (“contract”) to rectify any error or miscalculation provided in the contract.

2.       CGF Rules:

You must ensure that you read, understand, and abide by the Rules (“Rules”) which are notified to you through signage, handouts, or our website (www.carmengetfit.com.au).

3.       Entire Agreement:

The Rules, these Terms and Conditions and the Application for Membership and Contract form the entire agreement between the parties (The Contract) and any previous representations or documents whether provided by CGF or its agents or employees is excluded from this agreement.

4.       Start Date:

You understand that your Membership commences on the Membership start date as detailed in the ‘Mindbody’ software, unless terminated in accordance with this Agreement, and will continue until you cancel your membership (as per clause 11 & 12) once your minimum term has been served.

5.       Dress Code:

Fully enclosed, clean sports shoes must be worn in all public areas of CGF and during workouts for safety reasons. Members are required to wear shorts/pants and a singlet or t-shirt at all times in CGF.

6.       Towels and Cleanliness:

Towels must be used when participating in classes and when exercising on gym equipment to maintain hygiene and safety standards. All equipment used (including bags and mats) must be wiped down with a spray bottle and towel after use.

7.       Lost Property

CGF does not take responsibility for loss, damage, or theft of your belongings. Any items of lost clothing will be held for one month and then donated to charity.


 

8.       Membership Types:

Use of the Club’s services and facilities are governed by the Membership Type as listed on our website and ‘Mindbody’ software.

9.       Cooling Off Period:

After applying for membership, you have a seven day period (“Cooling Off Period”) during which you may cancel your membership. Notice must be given in writing. A refund equal to the membership fee and any additional amounts paid minus a Processing Fee and the cost of any fitness services already supplied may be applicable. If you terminate your Contract after the Cooling off Period, different conditions will apply. The following termination clauses outline your right to terminate the Contract and any fees payable in such circumstances.

10.   Termination within the Minimum Term:

You may only terminate the Contract without additional fees prior to the expiry of the Minimum Term with immediate effect by providing us with written notice if;

• We make changes to the Contract which adversely affects you

• We breach our obligations to you

• You become subject to permanent medical incapacity or

• You otherwise become entitled to do so under consumer legislation.

11.   Termination on expiry of the Minimum Term

If you have a Prepaid Fixed Term Contract (paid in full upfront payment), it will terminate automatically upon expiry of the Minimum Term. If you have a Debited Ongoing Contract (fortnightly debits), you may provide written notice of termination at least 14 days prior to the expiry of the Minimum Term and the Contract will then terminate on expiry of the Minimum Term.

12.   Termination after the Minimum Term:

If you have a Debited Ongoing Contract you may terminate the Contract after the Minimum Term if you provide us with fourteen days written notice. During this notice period, we will continue to debit any scheduled fortnightly payments until the end of the 14 day notice period and you can continue to use facilities for the term of the payments. However, where either of us terminates the Contract, any unpaid fees owing will need to be paid by you or we may take action to recover the outstanding payments. We can refuse you entry to CGF at any time that your membership payments are not up to date.

13.   Termination when changes made to Terms and Conditions

You are entitled to terminate the Contract with immediate effect at any time by providing us with written notice if higher membership fees applicable to your membership are introduced or you do not continue to use CGF after an amendment to these Terms and Conditions as contemplated in clause 38. No fees will be applicable for terminating in accordance with this clause apart from the Processing Fee, membership fees for the time you have been a member and any additional fees for fitness services already supplied.

14.   Termination where we Breach our Obligations

If we are in breach of an essential obligation under the Contract and we have not remedied that breach within a reasonable time after you have notified us of our breach in writing, you are entitled to terminate the Contract with immediate effect at any time by providing us with written notice. No fees will be applicable for cancelling in accordance with this clause apart from, to the extent not impacted by our breach, the Processing Fee, membership fees for the time you have been a member and any additional fees for fitness services already supplied.

15.   Termination for Medical Reasons

You may terminate the Contract with immediate effect at any time by providing us with written notice and producing supporting documentation to our reasonable satisfaction to demonstrate permanent medical incapacity. In that event, you will only be charged the Processing Fee, membership fees for the time you have been a member and any additional fees for fitness services already supplied.

16.   Termination Requests:

All Terminations must be made in writing at least 14 days prior to the cancellation date (after the minimum term specified). Requests via phone, fax, social media or other medium may not be processed.

17.   Youth Memberships:

Any membership agreements for members under the age of 18 are considered null and void unless signed by a parent or legal guardian and proof of parental / guardian signature must accompany agreement (photocopy of passport, license etc). All Youth members must be accompanied by their legal guardian or parent at all times while at CGF. Prior to the commencement of exercise at CGF, a pre-exercise screening will need to be carried out for all Youth Members. CGF reserves the right to discontinue use by any child who is unsupervised, or whose behaviour is offensive or disruptive.

18.   Age Restrictions:

For members aged under 16 years of age, there will be no access to weights based training areas or group exercise classes which include resistance training, unless supervised one on one by a personal trainer. For members aged under 14, there is no access to general gym facilities except for equipment utilized under supervision through our Youth programming. Any member under 18 years of age understands that usage restrictions may apply and that this may change at any time as required by legislation and/or club policy.


 

19.   Right of Exclusion:

We can refuse entry to CGF, cancel your membership and / or terminate the Contract without warning or notice for inappropriate, threatening or harassing behaviour, damaging equipment or facilities, or use of illegal or performance enhancing drugs in CGF.

20.   Payment of Fees:

All membership fees may be recovered from your nominated credit / debit account. Any bank fees charged to us because of a rejection when collecting your due membership fees may be charged directly to you by us. If a membership fee payment remains outstanding, you agree that, unless we are in breach of our obligations under the Contract, we may continue to debit the nominated credit / debit account for the total amount due without notice to you.

A.      If an Ongoing Contract has been chosen, a pro rata charge for Membership will be made at the time the Membership application is accepted by CGF. This charge is based on the number of days between the Membership Start Date and the First Auto Pay Date shown on page one of this Agreement.

B.      Debit/charges will be made fortnightly. In the case of new memberships their credit card /bank account will be charged/ debited the first billing cycle after the Membership Start Date or later date as determined by CGF.

C.      If you fail to pay your Fees by the due date, CGF reserves the right to refuse entry to any CGF facilities until such outstanding payment is received.

D.      If for any reason payment of the Member’s Fortnightly Dues is declined by Member’s credit card/bank account a fee of $20 per due payment may be charged by CGF and will be payable by Member.

 

21.   Processing Fee:

The Processing Fee is a fee used for all set up costs of all new memberships, and those renewing membership. The processing fee is not refundable even if you chose to cancel your application for membership during your Cooling off Period.

22.   Membership Fee Increase

If you have an ongoing contract, we reserve the right at any time after the Minimum Term of the Contract, to increase the membership fees to be charged. If we increase the membership fees we will provide at least thirty days prior notice of the increase by post or email to the addresses provided by you in the Application for Membership. Following such notice, you authorize us to increase any direct debits to your credit card or bank account which you have authorised upon joining. We will not use this right to vary the terms on any special offer which applies to you.

23.   Outstanding Payments

As a result of outstanding debt, CGF reserves the right to refer overdue amounts to an external collections agency. In the event of payment defaults you will be liable to CGF for all outstanding monies due and will be liable to pay CGF debt recovery expenses and legal costs.

24.   Refunds

All monies are non-refundable.

25.   Suspension

You can suspend your membership for medical reasons upon provision of satisfactory supporting documentation.

Holiday membership suspension, for a period of up to 4 weeks, once each calendar year, is available provided that all amounts payable for your membership are paid up to date. A maximum number of 2 suspensions per calendar year are permitted. All suspensions must be applied for in writing to us at least fourteen days prior to the commencement of the suspension period and we reserve the right to refuse any application for freeze at anytime. Debit payments will only be suspended for the direct debits that fall within the suspension period. Suspension dates must coincide with pre-existing billing dates.

26.   Damages / Personal Injury

You are aware that your use of the premises and its facilities and your participation in the classes and programs conducted by CGF may involve strenuous activity and risk (special or otherwise) associated with such use and participation. You release CGF and its directors, employees, contractors and agents (the ‘staff’) from all liability and responsibility whatsoever. This includes personal injury, property damage, or death however caused, but not limited to the negligence (whether passive or active) of CGF or its’ staff or any other person using the premises. Please refer to the Civil Liability Act 2002 for more information. (www.legislation.vic.gov.au).

27.   Risk Management

To mitigate risk and ensure that you are correctly operate or use any of our facilities, services, products or equipment, including the adjustment of levels or settings on any equipment, you are required to undertake an instructional consultation with a member of our studio before use.

28.   Responsibility for Damage

You are solely responsible for any damage which you may cause to CGF, its facilities, services, products or equipment, if such damage is caused by your wilful act and / or negligence for safety concerns a trainer and or staff member must be notified immediately.

29.   Disclosure of your Physical Condition

Provision of a safe and effective exercise program is dependent upon accurate health and fitness profiling. It is your responsibility to seek medical clearance prior to commencing any exercise program. You agree to disclose to us all relevant personal health and fitness information both prior to and during engagement in any exercise program, service or facility we provide to you, as part of your membership. This is inclusive of any health risk assessment, initial and periodic fitness assessment and relevant information or recommendations provided by your medical practitioner. You further warrant and represent that you will not use CGF or any of our facilities, services or products whilst you are suffering from any infections or contagious illness, disease or other ailment or whilst you are suffering from any physical ailment such as open cuts, or sores, or minor infections where there is a risk, however small, to other members and guests. We reserve the right to refuse entry or terminate memberships based on health reasons for the safety of our members.

30.   Change of Details

You must keep us promptly informed of any changes of address, phone contact numbers, email address, bank account and credit card details for payment and any other personal information that is relevant to your membership with us.

31.   Contractors

Contractors may provide services at CGF. Fees for such services are paid directly to the contractors. We take no responsibility for the fees paid to these contractors. You hereby agree not to hold us liable and you agree to indemnify us and keep us indemnified for any claims suffered by you as a result of negligence by a contractor.

32.   Interruption of Services

As a result of repair, maintenance, public holiday, or special occasions, CGF may be required to restrict the use or temporarily close or halt CGF activity from time to time. There will be no reduction, suspension, abatement, or apportionment of membership fees or other charges during such time when the above-mentioned occurs. CGF hours of operation may be modified from time to time without prior notice to Member. CGF reserves the right to change the facility from time to time, to eliminate or add facilities and services, and to change the type or quantity of equipment and services. CGF may from time to time reserve the use of its facilities for special events, competitions and private functions.

33.   Relocation

You acknowledge that CGF reserves the right to relocate premises. If the new premises exceed five kilometres from its original location then you may apply for the termination of this Membership, in which case a refund of the unused portion of the Membership less the processing fee will be calculated. You agree that any such move of less than three kilometres does not entitle the member to terminate the Membership Member expressly acknowledges that CGF 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 your information at the studio and / or on the website.

34.   Assignment

You must not assign any rights or benefits under these Terms and Conditions unless you have obtained our prior written consent. We may assign or transfer any rights or benefits under these Terms and Conditions at any time without notice to you. However, we will remain liable to meet our obligations to you under these Terms and Conditions and the Contract.


 

35.   Intellectual Property

These Terms and Conditions do not give you any intellectual property rights in CGF Australia, or in our facilities, services or products.

36.   Privacy Statement and Acknowledgement

During the process of entering into the Contract with you and during the Term of the contract we will obtain access to certain types of your personal information, such as information relating to your health and financial position. We will only use, disclose or deal with such information in accordance with our Privacy Policy. A full copy of our Privacy Policy is shown on our website (www.carmengetfit.com.au).

37.   Governing Law

These Terms and Conditions are governed by, and you agree to submit to the laws applicable in the state or territory of Australia in which the Contract was formed.

38.   Variation

We may, subject to your rights in clause 13, alter these Terms and Conditions or the Rules at any time upon thirty days written notice. All use of CGF and its’ facilities, services and products after the date specified in such notice will be subject to such altered Terms and Conditions or Rules. If you continue to use CGF and its facilities, services and products after the date such alterations become effective or otherwise demonstrate by your conduct that you agree to the altered Terms and Conditions or Rules, you will deemed to have agreed to the altered Terms and Conditions or Rules.

39.   Severability If any part of this Contract is or becomes illegal, void or unenforceable, this does not invalidate the rest of this Contract.

 

40.   Your Obligations

You acknowledge that the National Credit Code does not apply to these Terms and Conditions (www.comlaw.gov.au) if at any time;

A.      You believe that you may not or may be unable to perform or comply with your obligations under these Terms and Conditions;

B.      You are unable to pay your membership fees, including any instalment of membership fees, as they fall due for payment;

C.      A cheque is received from you is dishonoured

D.      You are or become bankrupted; or

E.       Your membership fees are overdue and are not paid in accordance with these Terms and Conditions in circumstances where we have not breached our obligations under Contracts, you agree that:

F.       You will immediately notify us that one or more of the above notifiable events has occurred and you will keep us notified on a monthly basis until such notifiable event no longer exists;

G.     We have no obligation and will cease to allow you to use any of our services or products available to you under your membership while a notifiable event exists;

H.      We may terminate the contract with immediate effect by providing you with written notice;

I.        We may request payment in advance for the remainder of the term of you membership; and we have no obligation to respond to any offer you make to extend or renew your membership while a notifiable event exists.