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Fitness First Members

Membership Terms and Conditions

THIS IS AN IMPORTANT DOCUMENT -

please read it carefully

Thank you for becoming a Fitness First member.

Welcome to Fitness First

Thank you for choosing Fitness First.

These terms and conditions contain important information about becoming a Fitness First member, including your rights and responsibilities. Please read them carefully.

Need help?

If you need help with anything in this booklet, please ask the customer care manager at your club or call 1300 55 77 99.

Opening hours

Opening hours differ between clubs. To find out more:

Acknowledgements

The Plain English Foundation advised on and edited this document to meet its best practice plain English standard, November 2009.

1 About these terms and conditions

1.1 How should you use this booklet?

Keep for reference

This has the terms of your contract with Fitness First. Please read it carefully. Keep it in a safe place and refer to it as you need to.

Terms in this booklet apply

If this booklet differs from anything you are told at the club or over the phone, the terms in this booklet will apply unless we receive written confirmation from a Fitness First employee.

Our rights:
see 2.3.1

If we do not enforce our contract rights at any time, it does not mean we have waived those rights, no matter how long we wait.

If there is a miscalculation on your membership application and contract, we have 5 days after the contract is signed to correct it.

Comfort guarantee: see 2.3.5

If you do not want to go ahead with your membership, you have 7 days after signing the contract to cancel it in writing.

Changes:
see 2.3.4

These terms and conditions and our club rules may change from time to time. If that happens, we will try to contact you in advance.

The most up-to-date terms and conditions and club rules always apply. You can find copies at your local club or on our website at www.fitnessfirst.com.au

1.2 What's inside?

Section

What it contains

2. Becoming a member

How to become a member and the rules of your contract with us.

3. Paying for your membership

Types of membership fees, when you need to pay them, how they can change and direct debit agreement details.

4. Being a member

The benefits and responsibilities of membership.

5. Club rules

Important rules to follow at any Fitness First club. Please follow each club's signs and handouts about any other rules.

6. Cancelling a membership

How to cancel your membership and what happens when you do.

7. Protecting your privacy

How we protect your personal information.

8. Meanings

Definitions of certain words in this booklet.

2 Becoming a member

2.1 What types of membership can you choose from?

Membership type

Benefits

Black Label

  • Use all Fitness First health clubs in Australia.
  • Use exclusive Black Label facilities in your home club
  • Make limited use of clubs worldwide.*

Platinum Plus

  • Use all Fitness First health clubs in Australia except Black Label facilities.
  • Make limited use of clubs worldwide.*
  • Enjoy complimentary towel hire, up to 2 towels a visit, and quarterly program reviews at your home club only.

Platinum

  • Use all Fitness First health clubs in Australia except Black Label facilities.
  • Make limited use of clubs worldwide.*

Passport

  • Use all Fitness First health clubs in Australia except Black Label facilities.
  • Use Platinum clubs, with a nominal usage fee on each visit. For details, please call the club before visiting.
  • Make limited use of clubs worldwide.*

Home

  • Use your home club only.
  • Use all other clubs, with a usage fee on each visit. For details, please call the club before visiting.

Off peak and limited access memberships

  • Use your home club within limited hours, which may vary from club to club. For details, please ask your customer care manager or call 1300 55 77 99.

Concession

  • Receive a discounted home club membership if you are a full-time student, over 60 years of age or on a full-time pension.
  • If you are a student, each year, before your membership anniversary, you must show us proof that you qualify for a concession. If not, we will automatically upgrade your membership to the current, home club full rate and you give us permission to do so.

Premier or
Pay as you go

  • Pay membership fees each fortnight, with the option of cancelling at any time with 2 fortnights notice.

Lifestyle

  • Sign up for a 12-month membership with at least 26 full fortnightly payments. Your contract can only be cancelled during this time, if you cancel it under your comfort guarantee (see 2.3.5) or for other reasons outlined within this booklet (see 6.1). Reduced payment options like time freeze are not counted as a full payment (see 3.5.4). After that, the contract will run from one fortnight to the next until you cancel it.
  • If you live in the ACT, you will need to renew your membership at least every 15 months.

Foundation, Family & Friends memberships

  • Only valid for non-members of Fitness First (who haven't been a member for at least 3 months).
  • Memberships are non-transferable.

* To use an overseas club, you need to arrange a Fitness First Overseas Passport before you leave Australia. See 4.1.3 for details.

2.2 How old do you have to be?

You must be at least 14 years old

Members must be at least 14 years old, unless we have received medical clearance.

Members under 16

If you are under 16, a parent or guardian must complete your pre-exercise questionnaire and an adult must supervise you when you are using our facilities.

You must be at least 16 to do weight-based group exercises or resistance training activities.

Members under 18

If you are under 18, we strongly recommend that you pay a fee for us to develop a suitable exercise program for you.

We may specify programs, classes and activities you can do without your parent or guardian's supervision. We may charge extra fees for these, as the law may require us to supervise them more closely.

2.3 Your contract with us

2.3.1 When does your contract start?

Signing your contract

You have a contract with us when you have signed it and we have accepted it.

Terms in this booklet apply

If this booklet differs from anything you are told at the club or over the phone, the terms in this booklet will apply unless written confirmation is received from a Fitness First employee.

Our rights

If we do not enforce our contract rights at any time, it does not mean we have waived those rights, no matter how long we wait.

If there is a miscalculation on your membership application and contract, we have 5 days after the contract is signed to correct it.

2.3.2 Which laws apply to disputes?

State laws apply

Your contract is subject to Australian law and is governed by the state laws where your home club is located. Australian courts have jurisdiction over any contract disputes.

Invalid sections

If a court decides that any section of your contract is invalid or unenforceable, that section will be deleted from the contract. The other sections will remain valid and enforceable.

2.3.3 Can we transfer your contract?

Transfers

We can assign or transfer the benefit of your contract to a person, firm or company at any time, without giving you notice. We can also sub‑contract our obligations to someone else without notice - but if we do, we are still responsible for ensuring those obligations are met.

2.3.4 Can we change the terms of your contract?

Changes

We may sometimes add to, change or remove terms and conditions, club rules and other membership conditions. This includes changing a club's opening and closing hours, its services and facilities and membership fees.

We can correct a miscalculation during the first 5 days after the contract is signed.

We will give you 30 days notice

We will give you at least 30 days notice of any such changes by:

  • publishing them in our newsletter, or
  • placing a notice in the club, or
  • writing to the address you last gave us, or
  • contacting you by phone.

Time freeze: see 3.5.4

If we suspend a club's operations or services, temporarily or permanently, we may send you a written notice offering to transfer your membership to another club (if available) or offer you a complimentary time freeze.

Cancelling: see 6.3

You can also cancel your membership as set out in 6.3. Unless the law states otherwise, you won't have any other claim against us if this happens.

2.3.5 Can you change your mind?

Your comfort guarantee

You can cancel your contract during your comfort guarantee time. This lasts for 7 days from the date we both sign the contract or, with a new club, from its grand opening date.

To cancel your membership, simply tell us in writing, preferably on the cancellation form at your club. We will then cancel your contract and refund your initial payment, less an administration fee (of up to $80 as outlined on your contract).

Cancelling your membership: see 6

If you cancel your contract after this comfort guarantee time, you may have to pay us fees, depending on why you end the contract.

 

 

3 Paying for your membership

3.1 When do you pay membership fees?

Continuous memberships

You pay fees for continuous memberships in advance each fortnight, by direct debit from a transaction account or credit card.

If you pay by credit card, we pass on merchant fees charged for the transaction by deducting them from your credit card account. The American Express merchant fee is currently up to $1 for each payment.

Advance payments

You can pay your fortnightly fees as far in advance as you like, up to the legal time limits. You can make advance payments at any club. But you still need to give us your nominated debit account details for when advance payments end.

Upfront payments

Instead of a continuous membership, you can pay upfront for a Home or Passport membership for 2, 6 or 26 fortnights.

When your membership is due to end, you can renew it by paying the current membership fees and administration fee. If you renew it after the expiry date, we will also charge you a new joining fee. By renewing your membership, you agree to the current membership terms applicable at that time.

3.2 What is the administration fee?

Applies when you join or renew

Our administration fee applies when you join or renew your membership. It is not refundable, even if you cancel during a comfort guarantee time. The amount is on the front of your membership application and contract.

3.3 What happens if your payment is late?

We will suspend your club access

If you do not fully pay your fees on the due date, we will suspend your club access until your payments are up to date and you have given us your direct debit account details. We may need to pass on bank fees of up to $35 per failed payment, with recovery costs of up to $50, and you authorise us to do this.

we will debit your account

We may continue to debit your nominated account without notice, until we have received the total amount owing. We will make a reasonable effort to let you know at least a fortnight before we do so - either by phone, in person at your club, or by writing to the address you last gave us.

If you owe us money for other services, such as personal training, we may automatically deduct late fees from your nominated account and you authorise us to do this. If we debit an account without your authority, we will refund the amounts we have debited and any penalty fees charged by your bank as a result.

3.4 Your direct debit agreement

3.4.1 How will we debit your account?

Initial terms

We will regularly debit your fortnightly or monthly club fees from your nominated account at a specific time, as agreed in your membership application and contract.

Payment days

We will debit fees:

  • on every second Thursday for fortnightly memberships
  • on the first day of each month for monthly memberships.

If a payment day is a non-business day, we will debit your account on the next business day. Please note that debits may take up to 5 business days to come out of your account.

3.4.2 What are your responsibilities?

Your responsibilities

You are responsible for:

  • making sure that your account can accept direct debits (your financial institution can confirm this)
  • making sure there is enough money in your account on the payment day and the 5 following days
  • telling us in advance if you are transferring or closing your account
  • telling us in advance about any changes to your credit card, such as to its expiry date or number.

3.4.3 How can we change the agreement?

Changes by us

If we change these initial terms, we will give you at least 30 days notice. Please talk to your home club if you wish to discuss any changes.

Changes by you

Please tell both your home club and your financial institution in writing if you want to change or stop your direct debit arrangements.

3.4.4 What happens if a payment is disallowed?

Disallowed payments

If your financial institution does not allow a payment, such as where your account does not have enough money in it, we will try to contact you and ask you to pay.

If you do not pay us, we will debit the payment again, with any other membership fees you owe, on or before the next payment day. We will also charge you transaction and administration fees.

3.4.5 What if you have a question?

Who to contact

If you would like to talk about your direct debit arrangements or query a payment, please call your home club's administrator, customer care manager or your financial institution directly.

What we will do

If you query a payment with us, we will do our best to respond within 7 days. If you do not receive a satisfactory response from us, you may contact your financial institution. They will handle your query in line with their policy.

3.5 How can we change your fees?

3.5.1 Can we increase fees?

Changes

We reserve the right to increase your fees at any time after the minimum period of your contract has ended.

How we will inform you

We will make a reasonable effort to tell you about this at least 30 days beforehand by writing to the address you last gave us. We will consider that you will receive our letter on the second business day after it is posted.

Your authorisation

Where we have made a reasonable effort to let you know about a fee increase, you authorise us to increase any debits from your nominated account in line with this increase.

3.5.2 What if the GST rate changes?

Fees include GST

All contract fees include goods and services tax (GST). Your fees will change in line with any government GST rate changes, even if you are in your minimum term.

3.5.3 How do we collect deferred fees?

Increased payments

If you have deferred your joining fee or other fees, we will charge you a higher fortnightly or monthly amount until you pay the deferred fees, as in your membership application and contract.

Your authorisation

You authorise us to increase direct debits from your nominated account accordingly.

3.5.4 Can you freeze your membership payments?

Time freeze

You can freeze your membership for periods from 4 weeks to 12 weeks, in multiples of 2 weeks, up to a maximum of 12 weeks each calendar year. Each time freeze period must start and end on a fee payment day.

We will charge you a $10 fee for each fortnight you freeze your membership. The fee can be paid in advance or by direct debit. You cannot freeze your membership if you have paid upfront for a membership of 6 fortnights or less.

Travel and medical reasons

You can freeze your membership for up to 36 weeks for travel or medical reasons, but we must be reasonably satisfied by your supporting documents.

Conditions

Before freezing your membership, you must:

  • tell us, preferably in writing at least 14 days before the time freeze period starts
  • pay all fees owing and have your membership fees up to date.

No pro-rata payments

We will not accept pro-rata payments or freeze your direct debits outside the time freeze period.

3.5.5 When can you receive a refund?

Comfort guarantee: see 2.3.5

If you cancel your membership during the comfort guarantee time, we will refund your initial payment, less the administration fee.

Prepaid programs

If you pay for a program in advance, we will refund the fee if:

  • the program is cancelled, or
  • you can show us medical evidence that the program will cause you physical harm or cause a physical injury, or
  • the law requires us to refund the fee.

No other refunds

Otherwise, we do not have to refund money that you have paid us for any reason.

4 Being a member

4.1 What are the benefits of membership?

4.1.1 Using the club

Your membership

Your membership allows you to use the club in line with these terms and conditions and club rules. Your type of membership sets the times and locations for club facilities that you can use.

Not transferable

You cannot assign or transfer your membership, or receive a refund, except as set out in these terms and conditions or as the law allows.

4.1.2 Using your access card

Photo identity

We will give you an access card when you join. We will also attach your photo to your account on our digital membership tracking system. If you visit the club without a valid access card or photo identification, we may refuse you entry.

No card lending

You cannot lend your access card to anyone else or allow anyone else to use it. The card is our property, so please return it to the club if you cancel your membership.

If you lose your card, we will replace it for a nominal fee, currently $15.

4.1.3 Visiting overseas clubs

Your Overseas Passport

If you hold a current Passport, Platinum, Platinum Plus or Black Label membership, you can visit our clubs overseas. You need to arrange a Fitness First Overseas Passport before leaving Australia.

We limit how often you can visit an overseas club. We will specify this in writing when we give you an Overseas Passport.

4.2 What are your responsibilities?

4.2.1 Keep us informed

Your responsibilities

Your responsibilities, including payment of membership fees, do not depend on how often you use a club.

Changes to details

You must tell us about anything that affects your membership, and any changes to your:

  • postal address
  • email address
  • contact numbers
  • nominated account details.

4.2.2 Protect your health

Guidance

When you join the club, we will offer you personal training for a discount, or a complimentary introductory session. If you do not choose either of these, we invite you to attend our complimentary team training sessions.

Apart from this, we may not otherwise offer you exercise guidance.

Seek expert advice

Our staff and contractors are not medically trained. They are not medically qualified to assess if you and your guests are in good physical condition and can exercise without damaging health, safety, comfort or physical condition. If you or your guests are in any doubt, we strongly urge you to seek expert advice before starting an active or passive exercise program.

Health risks

If you believe there is a risk to your health from doing any club fitness activities, you must tell us this in writing, with full details. You must also tell us if your medical condition changes after you join.

We may choose to refuse your membership application, until:

  • your doctor agrees in writing to your club exercise program, or
  • you show us proof that you have received medical advice on an appropriate exercise program.

Your promise

On the day you sign your contract and each time you use our facilities, you promise to us that:

  • you are in good physical condition
  • you know of no medical or other reason why you cannot do active or passive exercise
  • exercise will not damage your health, safety, comfort or physical condition.

Infections and illnesses

You will not use club facilities while suffering from:

  • an infection, or
  • a contagious illness, or
  • a physical ailment, such as an open cut or sore, or
  • where there is any other risk, however small, to other members and guests.

4.2.3 Use equipment correctly

Using equipment

You are responsible for using our facilities and equipment correctly, including adjusting levels or settings. If you are not sure how to operate any equipment, please see a club staff member before you use it.

4.2.4 Respect club facilities

Damage

You are responsible for any damage to club facilities caused by you or your guests through a wilful act or negligence.

4.2.5 Follow club rules

Signs and handouts

You must follow club rules. Some clubs have higher risk areas, such as play zones, junior care areas, swimming pools, steam rooms and saunas. Read, understand and follow the rules in all signs and handouts, especially for these areas.

4.3 What happens if you break the rules?

Refusing entry

We can refuse entry to anyone, including members.

Warnings

If you act unreasonably, or break these terms and conditions or club rules, we may warn you that you risk having your membership cancelled. If you continue to behave in the same way, we may cancel your membership immediately.

Instant cancellation

We can cancel your membership without warning if you behave in a way that is risky or seriously inappropriate, such as:

  • threatening or harassing others
  • damaging equipment
  • using illegal or performance-enhancing drugs.

 

4.4 What are the risks?

4.4.1 Warning under the Fair Trading Act 1999 (Victoria only)

Restrictions on your rights to sue (Victoria only)

1. Under the Fair Trading Act 1999 (Vic) (the Act), several conditions are implied into contracts for supplying certain goods and services. These conditions mean that the supplier of these terms and conditions must ensure that the recreational services it supplies to you are:

  • rendered with due care and skill
  • fit for the purpose for which they are commonly bought as it is reasonable to expect in the circumstances, and
  • reasonably fit for any particular purpose or might reasonably be expected to achieve any result you have made known to the supplier.

Under section 32N of the Act, the supplier is allowed to ask you to agree that these conditions do not apply to you. If you sign the contract, you will be agreeing that your rights to sue the supplier under the Act if you are killed or injured because the services were not rendered with due care and skill, or they were not reasonably fit for their purpose, are excluded, restricted or modified as set out in these terms and conditions.

The change to your rights in these terms and conditions, does not apply if your death or injury is due to the supplier's gross negligence. Gross negligence is defined in the Fair Trading (Recreational Services) Regulations 2004.

Your promise

2. You promise:

(a) To make sure that you know how to exercise safely, by asking if necessary.

(b) To use your best endeavours to exercise safely.

(c) You will not take valuables into the club, even if you plan to put them in the lockers.

Our promise

3. We promise to comply with the statutory conditions set out in clause 4.4.1(1), specifically:

(a) To carry out our services with due skill and care.

(b) To provide services fit for the purpose for which you have joined us, taking into account the price for those services, the terms of supply and all relevant circumstances.

What we will compensate you for

4. We will compensate you for:

(a) Death or personal injury, but only if it is caused by our reckless disregard for the consequences of our failure to meet our promise in clause 4.4.1(3).

(b) Loss or damage you suffer from our failure to meet our promise in clause 4.4.1(3).

What we will not compensate you for

5. We will not compensate you where we have complied with our promise:

(a) If you fail to honour your promises in clause 4.4.1(2)(a).

(b) For loss or damage to personal property which you bring into our clubs.

(c) For loss or damage you suffer caused by a third party, such as a personal trainer, who is unconnected with the services and facilities we provide to you.

(d) For loss or damage you suffer caused by events which neither we or our suppliers could have foreseen or prevented even if we had taken all reasonable care.

Our agreement

6. We both agree that, except where the law requires otherwise, if either of us (you or the club) breach the arrangements under this contract, then neither of us will be responsible for any losses that the other suffers as a result.

7. The exclusion of liability in clause 4.4.1(4)(b) applies only to death or personal injury and not to any breach by us of the statutory conditions [see clause 4.4.1(1)] that results in loss of or damage to your personal property.

4.4.2 Members in other states

Warning

We warn you that, while on our premises, you may suffer injuries including broken bones, soft tissue injuries and joint injuries. These injuries may occur from you:

  • slipping on wet flooring
  • being struck by weights
  • colliding with equipment or other members.

Release and indemnity

If we accept your membership application and you become and remain a club member, you agree that we will not be liable for:

  • any loss, damage or theft of property belonging to, or brought onto club premises by you or your guest, unless caused by our gross negligence
  • any death, personal injury or illness on club premises, or from using our facilities or equipment, except where this results from our gross negligence.

4.5 What if something goes wrong?

4.5.1 Your feedback and complaints

We welcome your feedback

Your feedback and complaints are crucial in helping us to resolve your concerns quickly and effectively. Our complaints process has been developed with the help of Consumer Affairs so we can properly deal with any complaints and concerns.

We will contact you

Our clubs will answer your feedback and suggest solutions to any problems. If you make a complaint, the club department head will contact you within 1 week, where possible, to discuss it with you.

General manager

If you feel your complaint has not been fully resolved, the club's general manager may then contact you to discuss a solution.

Regional or national manager

If you are still not satisfied, the general manager will raise your complaint with the departmental regional or national manager. The general manager will contact you again to discuss other options to resolve your complaint or to talk further about the previous offer.

Service Compliance Committee

If you are still not satisfied, please send your complaint in writing to our Service Compliance Committee by either:

  • email to: scc@fitnessfirst.com.au
  • post to: PO Box 715, Bondi Junction NSW 1355

We need your complaint from you in writing to investigate it fully. A staff panel will review it and write back to you within 21 days of the date we receive your letter. We also send a copy of your complaint and our response to our Managing Director.

The Service Compliance Committee only reviews a complaint after your club's department head and general manager have had an opportunity to resolve it. If you write to the committee before then, we will refer your complaint back to them.

4.5.2 Claims

Your options

We may sometimes close a club for refurbishment. If we close it for this reason for more than 2 days, you may:

  • transfer your membership to another club of the same standard without charge, or
  • freeze your membership while the club is closed.

No fee reductions

You cannot ask us to reduce your membership fees because your club is closed for renovations or for a public holiday.

Cancellation: see 6.3

If we do not fulfil our obligations to you, you may be able to cancel your membership.

4.5.3 Issues with outside providers

Outside providers

Contractors, tenants and franchisees provide some services in our clubs, such as personal training, physiotherapy and massage. Service fees are paid directly to them and we are not responsible for those fees.

Claims

If you make a claim because of something a contractor, tenant or franchisee has or has not done, your claim should be brought against the provider, not us, whether you have paid them or not. You release us from, and hold us harmless from, any claim resulting from an act or omission by a contractor, tenant or franchisee.

What we will do

Wherever we can, we will help you to resolve issues with providers. We will also make sure that personal trainers in our clubs have up-to-date qualifications and insurance. We only allow personal trainers from the Fitness First franchise to work in our clubs.

5 Club rules

5.1 Each time you visit

Access cards

Please be ready to show your access card or photo identity. Otherwise, we may not let you enter.

Locker keys and towels

Please return any towels, locker keys or cards before you leave. If you lose them, we will charge you to replace them.

5.2 Lockers

Using lockers

We provide lockers for you to use while exercising. They are emptied when the club is closed each day.

Keep your belongings safe

These are not security lockers, so please keep valuable items with you. We try to safeguard the contents of your locker, but thefts can occur. We do not accept responsibility for any loss or damage to any belongings not kept in a locker, or if someone breaks into your locker.

Please keep your locker key or card with you and keep it safe. Reception staff can give you a safety pin or sell you a cardholder, but we urge you to carry the key or card inside a pocket.

Belongings left in lockers

If you leave belongings in your locker overnight, we may remove them. We take no responsibility for any loss or damage and charge $50 to return them to you.

If you lose your key or card, we currently charge a $15 replacement fee.

We give lost property to charity each month, including unclaimed possessions from lockers.

5.3 Clothing and hygiene

You must wear suitable clothes

All members and guests must wear suitable clothes and enclosed sports shoes in any exercise areas, except for wet areas. We do not allow clothes with offensive images or inappropriate advertising.

You must use a towel

We also ask you to consider your personal hygiene when visiting our clubs. Please wear deodorant and be aware of your body odour. Please use a clean towel when you use equipment, including exercise mats.

5.4 Wet areas

Take care in wet areas

You and your guests may use wet areas such as the swimming pool, sauna, steam room and monsoon shower. Not all clubs have these.

Wet areas are unsupervised and you use them at your own risk. We do not allow running, diving or jumping in wet areas. Children must be supervised. You must comply with all signage or rules of these areas.

5.5 Vehicles

You park at your own risk

You park in the club's car park or on club premises at your own risk. We are not liable for any loss or damage to your vehicle or its contents.

5.6 Time limits

Keep to time limits

Please keep to the set time limits for parking and using equipment. If not, we may charge you a fee decided by us from time to time.

5.7 Extra services

Separate fees and agreements

Some clubs offer extra services, such as dance classes, swim schools, solariums, play zones and junior care, and pilates programs. These are not part of our contract. They involve separate fees, rules and agreements - please become familiar with them.

Laundry services

If a laundry service is part of your membership, we only wash clothes worn while exercising in the club. We do not wash underwear. If you leave clothes for us to wash, label them clearly with your name and check they are machine washable and colour fast. If you do not, you cannot make a claim against us for any losses, damage or costs you suffer as a result.

5.8 Guests

You can bring guests to the club

You can bring guests into the club for a fee we decide from time to time. We decide how many club visits a guest can make at our discretion.

See the club's guide for more

Your guests must:

  • be at least 14 years old
  • be accompanied by you and leave when you do
  • sign the guest register and show a photo identity
  • complete a pre-exercise questionnaire (PARQ) on their first visit
  • follow the rules and terms set out in the guest register and PARQ form, and any other club rules on signs and handouts.

6 Cancelling your membership

6.1 Can you cancel during the minimum term?

Cancelling without paying out your contract

You can cancel your membership during the minimum term if:

  • You become sick or incapacitated. You must show us a certificate from a qualified medical practitioner stating that you cannot exercise for either 12 months, or the remainder of your term, whichever is longer.
  • You relocate to an area more than 30 kilometres away from any club. You must show us a letter from your agent or employer.
  • You become bankrupt.

See 2.3.4

  • We make changes to the contract that adversely affect you.

Transferring your membership

If you cancel because you are sick or relocating, and you do not have a Foundation or Family or Friends membership, and you are paying $30 or more per fortnight membership, you can transfer your contract to someone else, as long as they have not been a member of Fitness First for at least 3 months. We may charge fees as part of this transfer.

Departure fee

We may charge a departure fee when you cancel your membership during the minimum term for one of the above reasons. The fee upgrades your membership to a Premier membership, which we also offer to you when you join. This allows you to cancel your contract within the minimum term.

The fee depends on the time remaining in your minimum term:

Membership weeks remaining

Fee

4­-12

$100

13-26

$150

27-40

$170

41-52

$200

We may waive the departure fee:

  • if you transfer your membership to someone else
  • in other special circumstances, such as bankruptcy or permanent incapacity.

Cancelling for other reasons

If you wish to cancel for any other reason, you can do so by paying out the remainder of your contract. This is calculated by multiplying the fortnightly fee on your membership application and contract by the number of fortnights left in your minimum term.

6.2 How do you cancel after the minimum term?

2 fortnights notice in writing

To cancel your membership when the minimum term ends or at any time after that, simply give your club 2 full fortnights notice in writing, preferably on the cancellation form at your club.

No time freeze

You cannot freeze your membership payments during the 2 fortnights notice period.

You must pay outstanding fees

When you cancel your membership, you must pay any fees owed to us, or we may take action to recover them.

6.3 Can you cancel if we change the contract?

Changes that adversely affect you

You can cancel your membership at any time if we:

  • change or add to these terms and conditions or the club rules
  • change the club services and facilities, or
  • change your membership fees in a way that adversely affects you. We may ask you to prove that you have been adversely affected.

Breach of obligations

You can also cancel your membership if we breach our contract obligations and we do not fix the breach in a reasonable time after you have told us about it in writing.

2 fortnights notice in writing

In either case, you need to give your club 2 full fortnights notice in writing, preferably on the cancellation form at your club. We will not charge a departure fee.

7 Protecting your privacy

7.1 Privacy statement and acknowledgement

Our privacy policy

When you join and during your membership, we will have access to personal information about you, such as about your health and financial situation. We will only use, disclose or deal with your information in accordance with our privacy policy.

You can obtain a copy of our full policy from:

  • the web: www.fitnessfirst.com.au
  • by email: reception@fitnessfirst.com.au
  • by post: PO Box 715, Bondi Junction NSW 1355

Using your image

We may sometimes film or photograph the club. It is possible you may appear in the background. By signing this contract you agree to allow us to use your image in promotional and other business-related material.

8 Meaning

 

Word

Meaning

Fitness First,
we, us, our

Fitness First Australia Pty Limited

you, your

A member of Fitness First

the club

The Fitness First club where you applied for membership

Home club

The club which you joined and which you will use mostly or exclusively, depending on the type of membership you chose

club

A Fitness First health club

contract, membership application

Membership Application and Contract. This is between Fitness First and you, under which you will become a member of Fitness First

minimum term

The term specified in the Membership application and contract form

rules

Rules for operating equipment, opening hours and behaviour in the club, specified in these terms and conditions, and in club signs and handouts

 

 

 

 

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