Membership Terms and Conditions
(Inclusive of: Rules of the club, Direct Debit Arrangement and Privacy Statement)Valid from March 2008
(Inclusive of: Rules of the club, Direct Debit Arrangement and Privacy Statement)Valid from March 2008
THIS IS AN IMPORTANT DOCUMENT - PLEASE READ IT
CAREFULLY
Thank you for becoming a Fitness First
member.
With any contractual agreement, it is important that we outline
the terms as simply and thoroughly as possible. Please take the
time to read through this booklet carefully to avoid any
confusion. It is important that the terms of the contract between
you and us are clear and for this reason, if there is any
conflict between what is set out in this booklet and
anything you have been told at the club or over the telephone,
the terms in this booklet will prevail unless staff members
acknowledges discussion. Failure by us to enforce any of our
rights at any time for any period shall not be construed as a
waiver of those rights. We have 5 days after formation of a
contract to rectify any miscalculation reflected within the
Application and Contract and you, as the member, have a 7 day
comfort guarantee whereby you may cancel the Application and
Contract on written notice. Please refer to Paragraph 11 (Comfort
Guarantee).
The booklet is broken up into the following sections:
Part A - sets out the process for becoming a
member and the formation of a Contract, and the terms and
conditions of your membership.
Part B - sets out the key Rules at the Club.
Please also refer to other signage and handouts.
Part C - sets out the Direct Debit arrangements
regarding payment of your membership and their fees. It forms
part of your Membership Application and Contract.
Part D - sets out the Privacy Statement and
Acknowledgement.
You should read this document carefully before you agree to
become a member of Fitness First and keep it in a safe place to
refer back to from time to time. NOTE: If, after agreeing to
become a member of Fitness First, you decide you do not wish to
proceed, please refer to Paragraph 11 (Comfort Guarantee)
If you do not understand something in this booklet, please ask
your Customer Care Manager at your Club or call 1300 55 77 99.
They will be happy to assist you.
Please be advised that these Membership Terms, Conditions and
Rules may change from time to time. We will make an effort to
contact you in advance as defined in Paragraph 21 (Change of
Rules/ Operations). Please note: the most up to date Terms and
Conditions Booklet and Rules will always prevail after the
outlined notified period.
DEFINITIONS
In these Membership Terms and Conditions the following
definitions apply:
Fitness First, means Fitness First Australia Pty Limited
Company,
we, us, our
You, your means the member of Fitness First
The Club means the Fitness First club where you applied for
membership
Home Club is the club which you joined and will use only (or in
the case of Passport, the most)
Club a Fitness First health club
Contract , Agreement, means the Application and Contract between
Fitness First
Application and you under which you will become a member of
Fitnes First
Minimum Term means the term specified in the Application and
Contract form
Rules means the rules regulating the operation of equipment,
opening hours, behaviour in the club specified in signage and
handouts
MEMBERSHIP CATEGORIES
BLACK LABEL - allows use of all Fitness First health clubs in Australia* (including access to exclusive "Black Label" facilities in your Home Club only) and limited use of clubs worldwide**.
PLATINUM PLUS - allows use of all Fitness First
health clubs in Australia* [excluding
access to all exclusive "Black Label" facilities] and limited use
of clubs worldwide**. This
membership also allows limited access to complimentary towel hire
[maximum two
towels per visit] and quarterly program reviews at your home club
only.
PLATINUM - allows use of all Fitness First
health clubs in Australia* (excluding access to
all exclusive "Black Label" facilities) and limited use of clubs
worldwide**.
PASSPORT - allows use of all Fitness First health clubs
in Australia (including Platinum
clubs upon payment of a nominal usage fee per visit. Details to
be supplied by calling
the relevant Club prior to arrival. Excludes use of "Black Label"
areas)* and limited use of
clubs worldwide**.
HOME - allows use of the Home Club only.
OFF PEAK - (including Student, Senior and
Weekend Warrior memberships) allows access to the Home Club with
restrictions as to time limits (which may vary from club to
club). These details can be obtained from your Home Club Customer
Care Manager or by calling 1300 55 77 99.
480848 FF FF233.07 MTC
PREMIER - is a fortnight to fortnight or month
to month continuous payment plan (whichever is applicable).
LIFESTYLE (L/S) - is a minimum of 26 full
calendar fortnightly/12 full calendar monthly payments (whichever
is applicable) and cannot be cancelled during this period except
as outlined in Paragraphs 12 or 13. Thereafter the contract will
continue to run on a
calendar fortnight to fortnight/month to month basis until
cancelled in accordance with Paragraph 14. NOTE: As outlined
under Clause 19, reduced payment options like Time Freeze,
pro-rata fees etc are not classified as a full payment.
NOTE: ACT Members Only - All memberships will need to be renewed every 12 months.
*Your Home Club will be the Club nominated by you when your
request for membership is processed. If the club you use the most
changes, then we may transfer your
membership to the new Home Club in which case we will adjust your
membership fees to those applicable to that club and you hereby
authorise that adjustment. We will use reasonable endeavours to
give written notice to the most current address you have supplied
at least one month prior to this occurring.
** If travelling overseas, an Overseas Passport pass must be
arranged through a Club prior to departure. Access to overseas
clubs is limited to the number of visits per calendar year we
nominate from time to time. All information will be given to you
in writing on the Overseas Passport issued by the Club. Please
note: you must be a current Passport, Platinum, Platinum Plus or
Black Label member to be eligible.
PART A
MEMBERSHIP TERMS
1. CONTRACT FORMATION - a contract arises
between us once the Contract has
been signed and we accept the Contract. This Contract will be
governed by the laws of the state in which your Home Club is
located.
2. ACCEPTANCE BY FITNESS FIRST OF THIS CONTRACT
- It is important that
the terms of the Contract between you and us are clear and for
this reason, if there is
any conflict between what is set out in this booklet and anything
you have been told
at the club or over the telephone, the terms in this booklet will
prevail unless staff
member acknowledges discussion. Failure by us to enforce any of
our rights at any time for any period shall not be construed as a
waiver of those rights. We have 5 days after formation of a
Contract to rectify any miscalculation reflected within the
Application and Agreement.
3. CLUB ETIQUETTE - You must comply with the
Rules. Certain clubs have facilities
with higher risk areas (including, but not limited to play
zones/junior care, swimming
pools, steam rooms and saunas). You must ensure you read,
understand and abide by the
Rules outlined for the club in both signage and handouts,
particularly those applying to
these areas.
4. MEMBERSHIP ENTITLEMENT - As soon as a
Contract is formed in accordance
with Paragraph 1 (Contract Formation), acceptance of this
Contract by us which we
are not obliged to do, please refer to Paragraph 7 (Right of
Admission), and subject to
your rights in relation to the 'Comfort Guarantee' period, you
will be bound by these
Membership Terms not dependent on the amount of times you utilise
the Club. As a
member you are entitled to use the facilities of the Club only
during the specified times
and in the club locations as set out in your membership type
description and only for
the term of this membership subject to meeting these Membership
Terms and the rules
applicable. Memberships are non-assignable, non-transferable and
non-refundable
except as permitted in these Membership Terms and subject to law.
Refer to clauses 12 to 15.
5. MINIMUM AGE - Membership is limited to
persons who are at least 14 years of
age (unless medical clearance is given). All members who are less
than 16 years of age must be supervised by an adult when using
the club facilities. If under the age of 16 years, a parent or
guardian must complete your pre-exercise questionnaire. If under
18 years old, we may specify certain programmes, classes and
activities where children may participate without adult
supervision and which may be subject to additional fees due to
any additional supervision requirements imposed on us by law.
NOTE: You must be at least 16 years of age to participate in
weight-based group exercise or resistance training and it is
highly recommended that a programme is paid for to develop a
suitable programme for the individual under the age of 18 years
of age.
6. ACCESS TO CLUB - You are required to be
issued with an Access Card when
joining and have your photo attached to your account via our
digital membership tracking system. Entry to the club without a
valid Access Card is at our discretion (photo ID will be
expected). You must not loan your Access Card or permit its use
by anyone other than you. Your Access Card remains our property
and should be returned to the club on termination. If your Access
Card is lost or mislaid, we will issue a replacement card at a
nominal charge (currently $20.00). NOTE: Smart Card deposits (if
applicable) are only refundable on return of the Smart Card. Any
damaged cards will not be accepted. Deposits may be used to set
off against any outstanding fees due.
7. CONSEQUENCES OF MISCONDUCT - We reserve the
right to refuse entry to
any person, including members, and have the right to cancel your
membership without
warning or notice for serious inappropriate behaviour that is
threatening or harassing,
and includes damaging equipment in the club and perceived risks,
including but not
limited to, the use of illegal or performance enhancing drugs.
Warnings for any breach of these Membership Terms and Conditions
or failure to comply with club Rules or acting unreasonably will
result in a 1st warning. Should a second warning be required,
then immediate cancellation of your membership will be made.
8. PAYMENT OF FEES - All continuous memberships
are paid either fortnightly or monthly in advance. All merchant
fees associated with credit card payments can 480848 FF FF233.07
MTC be recovered from your nominated credit card account (if
applicable). At this time a merchant service fee of 2.5% is
applicable to payments made from American Express and Diners Club
International credit card accounts. If they are not paid on the
due date, you agree that we may continue to debit the nominated
credit/debit account with the total amount due without notice to
you. (Please see the discussion relating to late fees outlined
under Clause 11). We will use reasonable endeavours to give
written notice to the most current address you have supplied at
least one fortnight prior to this occurring. Notice may also be
given via telephone or face to face. Please note: should we debit
an account where we have no authority, we agree to refund these
debits plus any overdrawn charges proven to this debits fault.
9. ADMIN FEE - Is a fee used for all set up
costs of a new or renewing membership. This fee is non
refundable, even if you choose to cancel your membership in your
Comfort Guarantee period. Please note: the amount is outlined on
the front of your Membership Contract.
10. PRE-PAID MEMBERSHIP
ADVANCE PAYMENTS - You may choose to make advance payments of
your monthly or fortnightly dues (whichever is applicable) up to
any time limits imposed by law. Payments can be made at any club.
Please be advised that you are still required to provide details
of your direct debit account for immediate direct debit after the
initial period (the period paid for in advance).
UP-FRONT MEMBERSHIPS - As an alternative to a continuous direct
debit
membership you may choose to purchase a 1,2,3, 6 months (Home
only) or 12 month (Home/Passport). If you choose one of these
options and wish to renew it, in order to avoid the imposition of
a joining fee upon renewal of your membership, you must renew it
before it expires. You may renew your membership upon payment of
the membership fees and administration fee current at the time of
renewal. Your renewed membership will be on the membership terms
current at the time.
11. MONEY OUTSTANDING/NO ACCOUNT DETAILS - If
any amount payable for your membership is not paid on the due
date, access to the Club will be suspended until such time as
payments are up to date (late fees of up to $35.00 per
transaction, as outlined by your relevant bank, and recovery
costs of up to $50 may be charged). Any monies outstanding for
other services in the club e.g. video/DVD late fees may be
automatically deducted from the supplied account/credit card
details if not paid at the club. PLEASE NOTE: we will not allow
you access until full direct debit details are
provided.
12. COMFORT GUARANTEE - You have a 'comfort
guarantee' period of 7 days
commencing on the date a Contract is formed, or in the case of a
new club, the grand opening date. If you wish to utilise this
period to cancel your membership, you are required to tell us in
writing (preferably on the form supplied by us) that you want to
cancel your membership during your Comfort Guarantee Period. We
will cancel your Contract and refund to you your initial payment
less the administration fee. After the Comfort Guarantee Period
ends, if you wish to terminate/cancel the Contract, you must pay
certain fees to us. The particular amount of fees payable varies
depending upon the reason that you are terminating the Contract.
Please refer to the following cancellation provisions outlined
for full details in relation to your right to cancel your
membership and the fees payable in those circumstances.
13. CANCELLATION/TERMINATION WITHIN MINIMUM TERM FOR
MEDICAL OR RELOCATION REASONS - You can only cancel your
membership prior to the expiry
of the Minimum Term if you become subject to medical incapacity,
if you relocate to an area not within 30 kilometres of a Fitness
First Club or if we make changes to the
Contract which adversely affect you (refer to Clause 15 -
Cancellation When Changes Made to Terms & Conditions or We
Breach our Obligations). For cancellation due to
medical incapacity or relocation, you will only be permitted to
cancel your membership if you produce supporting documentation to
our satisfaction (in the case of medical
reasons, by a qualified medical practitioner certifying that you
are permanently sick or incapacitated from undertaking any
exercise regime for a period of 12 months or the remaining term
of your membership, whichever is the LONGER and in the case of
relocation, by a real estate or similar agent certifying your
relocation). In either of these cases, you may choose to transfer
your membership Contract to someone you
introduce to the club and who has not been a member of Fitness
First for a minimum period of three months (relevant fees will
apply). In this case the departure fee will be
waived. If you do not choose this option, a departure fee will be
charged depending on the number of fortnights/months left on the
contract. Please refer below.
CANCELLATION 'DEPARTURE FEE': This fee upgrades
your membership to a premier option (which would have been
offered to you on joining) to allow cancellation of your
contract within the minimum term period and is only offered for
the reasons outlined above. For the remaining time of: 4-12
weeks/1-3 months $100, 13-26 weeks/4 -6 months $150, 27-40 weeks/
7-9 months $170 and 41-52 weeks/ 10 - 12 months $200 will be
payable.
14. TERMINATION AFTER THE MINIMUM TERM
1. You can terminate your membership after the minimum term if
you give us 30 days
notice. See 2(b) and (c) for when the period starts.
2. You must be aware that:
a. Your termination notice must be in writing and delivered to
your club.
b. Your termination notice period starts only after: (1) We send
back to you our
written receipt of your termination notice. We promise to do this
within 7
days of the date we receive your termination notice. (2) Your
next direct debit
occurs.
c. You cannot claim a Membership Time Freeze and skip the 30 day
notice period.
To be clear, a Time Freeze is not available during your notice
period.
3. Where either of us terminates your membership any fees that
you have not paid (for example, if you had not paid for the
previous month) will need to be paid or we may take action to
recover the outstanding payments.
4. We can refuse you entry to the club whenever your payments are
not up-to-date.
15. CANCELLATION WHEN CHANGES MADE TO TERMS &
CONDITIONS OR WE BREACH OUR OBLIGATIONS - You may end
your contract at any time by giving
the relevant notice outlined in the paragraph previous to this if
we change or add to these Membership Terms and Conditions, Club
Rules or Club services and facilities or
if we are going to change the membership fees applicable to your
membership which adversely affects you. Proof to this effect may
be requested. Where we are in breach
of our obligations under your contract and we have not remedied
that breach within a reasonable time after you have brought it to
our attention in writing, you can end your contract at any time
by giving us the relevant notice outlined in the paragraph
previous to this. No fees will be applicable in these cases.
16. REFUNDS - You have a 'Comfort Guarantee'
period which commences on the date the contract is formed, or in
the case of a new Club, the Grand Opening date, and will end 7
full days after this period where you will be refunded your
initial
payment less the administration fee - if you decide you do not
wish to proceed with your membership application. This request
must be made in writing within this period, preferably on a form
supplied by us. After this period you are not eligible for any
refund of money which you have paid to us for any reason. Should
you pre-pay for a programme, a refund will be granted if the
programme is cancelled or if you can show, with supporting
medical evidence that the programme will cause you physical harm
or result in physical injury to you or as otherwise required by
law.
17. MEMBERSHIP FEE INCREASE - We reserve the
right at any time, after a minimum period on a contract, to
increase the fees to be charged, and will use reasonable
endeavours to give written notice to the most current address you
have
supplied at least one month prior to this occurring. You will be
taken to have received notices sent to your latest address given
to us on the second business day after we post
them. If membership fees are increased and reasonable endeavours
have been made to provide prior notice, you hereby authorise the
Company to increase any direct debits
to your credit card or bank account which you have authorised
upon joining (or on a separate Action Form - whichever the most
current) accordingly. We won't use this right
to vary the terms on any special offer which applies to you i.e.
fee reductions.
18. DEFERRED PAYMENTS - Where joining fees or
other fees have been deferred (as shown on your membership
agreement), you hereby authorise us to increase direct debits to
your credit card or bank account which you have authorised (or on
a separate Action Form - whichever the most current) accordingly
for the number of instances shown on your membership agreement
until those deferred fees are paid in full.
19. TIME FREEZE - Membership Time Freeze is
available for a minimum of 4 weeks (in multiples of 2 weeks) or
one month (depending on what is applicable)
to a maximum of 14 weeks/3 months per calendar year (with a fee
of $10 for each fortnight/ $20 per month that you wish to freeze
your membership payable in advance prior to the commencement of
the Time Freeze period) provided that all amounts payable for
membership dues are paid up to date. Additional periods (no
longer than 18 fortnights/9 months) are available for travel or
medical reasons upon production
of supporting documentation to our reasonable satisfaction. All
Time Freezes must be applied for in writing, preferably by using
a Time Freeze application form supplied by us and must be handed
in at least 14 days prior to the commencement of the Time Freeze.
NOTE: No pro-rata of direct debits will be done; the debit will
only be frozen for the
direct debit/s that falls within the Time Freeze period. For up
front memberships of less than 3 months, time freeze is not
available.
20. OPERATING HOURS - Each club's operating
hours may differ between clubs and are available upon request at
the Club, visiting www.fitnessfirst.com.au or by
calling 1300 55 77 99.
21. CHANGE OF RULES/OPERATIONS - We cannot
guarantee that we will not need to add to, change or remove
Rules, conditions of membership, including but not limited to the
Membership Terms and Conditions, opening and closing hours and
the services and facilities offered by the Club from time to
time. Any such additions, deletions or
changes will be notified to you through either the
newsletter/magazine published from time to time by us and/or
notice in the club or to your last known address in writing
or by phone with at least 30 days notice. If at any time the
operations or services of
a club are temporarily or permanently suspended for any reason,
we may (subject to
availability) by written notice to you offer either the transfer
of your membership to
another Fitness First club, or grant you complimentary Time
Freeze or you may cancel your membership as outlined in Clause
15. Subject to any applicable law, you won't
have any other claim against us if this happens. NOTE: We won't
use this right to vary
the terms of any special offer which applies to you unless within
the 5 day period after signing where a miscalculation has
occurred.
22. COMPLAINTS & FEEDBACK -Fitness First
sees both complaints and feedback as a gift. We will endeavour at
all times to assist you with any concerns you may have. To do
this both effectively and efficiently, we have empowered our
clubs to assist you with any queries as well as developed a
supporting escalation process with the assistance of the consumer
affairs department in the State which you are in, should you feel
the complaint/feedback has been handled inappropriately.
The initial complaint is always directed immediately to the
relevant Head of Department within the club whose role it is to
contact you within a week (where possible) to discuss or resolve.
Should you feel that it has not been resolved effectively, then
it may be escalated to the Club General Manager who will in turn
contact you.
Should you wish to escalate again, the Club General Manager will
discuss your concerns with the Regional and/or National Manager
(of the relevant department) to see if
anything has been missed and the Club General Manager will
re-contact you with either the same or alternate solution
(whichever the applicable). Should you feel that you would like
it addressed further, you can then put your complaint in writing
(to escalate to this level, it must be made in writing to ensure
a thorough investigation may occur) and forward it to the Service
Compliance Committee at 3/55 Grafton Street,
Bondi Junction NSW 2022. The complaint will then be reviewed by a
panel of staff and a resolution/response sent back to you in
writing (NOTE: All letters forwarded to the
Managing Director are referred to this Board). The Service
Compliance Committee will only review complaints after the Head
of Department and Club General Manager at the Club have had an
opportunity to resolve it. All communication will be referred
back to the Club automatically if this has not taken place.
23. CHANGE OF DETAILS - You must keep us
informed of any change of address, email address, contact
numbers, bank account & credit card details for payment and
any other information relevant to your membership.
24. GUIDANCE - You have an opportunity to try
Personal Training at a reduced rate or attend a complimentary
orientation on joining the club. Should you choose not to do so,
guidance may not be offered whilst you exercise in the club. If
you believe that there is a risk to your health by participating
in any of the fitness activities offered at the
club, you must inform us in writing of that risk and give full
details of the risk. You will update your details and let us know
if your medical condition changes after you join us. We may, at
our discretion, deny your membership application until you
receive medical clearance from your doctor to proceed with an
exercise program at the club and/ or until you have received
advice as to an appropriate exercise program. We strongly
recommend that medical clearance is obtained prior to starting
any form of exercise.
25. RISK WARNING -It is your responsibility to
ensure that you correctly operate or use any facilities and/or
equipment provided by any Fitness First club, including the
adjustment of levels or settings on the equipment. If you are in
any doubt as to how to correctly operate any equipment you should
consult a member of staff before use.
26. RESPONSIBILITY FOR DAMAGE - You are
responsible for any damage which you or your guest may cause to
the club facilities, if such damage is caused by your wilful act
or negligence.
27. CONTRACTORS* - Some contractors and
franchisees provide some of their services, such as personal
training and massage. Fees for services are paid directly
to these contractors and franchisees. We take no responsibility
for the fees paid to these contractors and franchisees. Any claim
which you might have as a result of an
act or failure to act by such a contractor or franchisee (whether
or not payment has been made to the contractor or franchisee)
will be brought against, and will be the
480848 FF FF233.07 MTC responsibility of, that contractor or
franchisee and not us. You hereby release, and
indemnify and keep indemnified, us for any claim suffered by you
as a result of an act or omission by a contractor or franchisee
in the club. We will at all times assist, where possible, to
resolve any conflict or issues with contractors and will ensure
that relevant qualifications and insurances are kept up to date
for all Personal Trainers. * Fitness First must give written
permission for any contractor or franchisee to work on the
premises.
28. IMAGE - By signing this Application and Agreement you consent to us using your image in any promotion or other material in relation to the business. Please note: this is only applicable if you are filmed in the background.
29. YOUR PHYSICAL CONDITION - You promise and
represent on the date of the Contract, and repeat such warranty
and representation each time you use our facilities, that you are
in good physical condition and that you know of no medical or
other reason why you are not capable of engaging in active or
passive exercise and that such exercise would not be detrimental
to your health, safety, comfort or physical condition.
Fitness First staff and many contractors are not medically
trained and are therefore not qualified to assess whether you or
your guest are in good physical condition and/or
that you or your guest can engage in active or passive exercise
without detriment to your or their health, safety, comfort or
physical condition. We strongly advise you take
expert advice prior to commencing any exercise program if you are
in any doubt about your or your guest's ability to engage in
active or passive exercise. You shall not use
any Club facilities whilst suffering from any infections or
contagious illness, disease or other ailment or whilst 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.
30. CLAIMS - From time to time we may have to
close a club for refurbishment or because it has been damaged. If
a club is closed for more than 2 days for these reasons,
you may, without charge, transfer your membership to another
Fitness First club of the same standard or freeze your membership
for the period of closure of the club. You
cannot seek any reduction in your membership fees because your
club is closed on a public holiday. Please refer to Clause 15 for
a discussion outlining the circumstances
under which membership may be cancelled on the basis of a breach
of Fitness First's obligations.
31. UNENFORCEABLE CLAUSES - Where a provision is
deemed to be invalid or unenforceable by the courts the
provisions will be deleted from the Contract but such deletion
will not affect the validity and enforceability of the remaining
provisions.
NOTE: The Contract will be subject to Australian Law and the
Courts of Australia will have jurisdiction over any disputes in
relation to it.
32. CONTRACT TRANSFER BY FITNESS FIRST - We may
assign or transfer the benefit of the contract, or sub-contract
its obligations under it, to any person, firm or company at any
time without notice to you but shall remain liable to meet
our
obligations to you under the Contract. 480848 FF FF233.07 MTC
33. YOUR SAFETY AND PROPERTY - VICTORIA ONLY
1. VICTORIA WARNING ONLY - WARNING UNDER THE FAIR TRADING
ACT
1999 - Under the provisions of
the Fair Trading Act 1999 several conditions are implied into
contracts for the supply of certain goods and services. These
conditions mean that the supplier named on this form is required
to ensure that the recreational services it supplies to you are -
rendered with due care and skill; and as 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 Fair Trading Act 1999, the
supplier is entitled 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 Fair Trading Act
1999 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 in the way set out in these Membership Terms &
Conditions. NOTE: The change to your rights, as
set out in these Membership Terms & Conditions, does not
apply if your death or injury is due to gross negligence on the
supplier's part. "Gross negligence" is defined in the Fair
Trading (Recreational Services) Regulations 2004.
2. You promise:
a. To make sure that you know
how to exercise safely, by asking if
necessary and you will use your best endeavours to exercise
safely.
b. You will not take valuables into the club even if you plan to
put them in
the lockers.
3. We promise to comply with the statutory
conditions set out in clause 33(1),
specifically:
a. Carry out our services with due skill and care.
b. Provide services which are 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.
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 33(3).
b. Loss or damage you suffer from our failure to meet our promise
in clause 33(3).
5. We will not compensate you where we have
complied with our promise:
a. If you fail to honour your promises in clause 33(2)(a).
b. For loss or damage to your personal property which you bring
into our
clubs.
c. For loss or damage you suffer which is caused by a third
party, for example 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 nor our suppliers could have foreseen or prevented even if we
had taken all reasonable care.
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 33(4)(b)
applies only to death or personal injury and not to any breach by
us of the statutory conditions (see clause 34 (1)) that results
in loss of or damage to your personal property.
34. YOUR SAFETY AND PROPERTY - ALL OTHER
STATES
1. WARNING - We give you warning that, whilst on
our premises you may suffer
injuries including broken bones, soft tissue injuries and joint
injuries. These injuries may occur as a result of you slipping on
wet flooring, weights striking you, collision with equipment or
other members.
2. RELEASE AND INDEMNITY - In consideration of
Fitness First accepting your application for membership of the
Club, and for you becoming and remaining a Member of the Club,
you agree that Fitness First shall not be liable for any loss,
damage or theft of any property belonging to, or brought onto any
Club
premises by you or your guest, occurring on said premises except
where caused by gross negligence of Fitness First. Also that
Fitness First shall not be liable for any death, personal injury
or illness occurring upon any Club premises or as a result of the
use of facilities and / or equipment provided by
Fitness First, except to the extent that such death, personal
injury or illness arises form the gross negligence of Fitness
First.
PART B
RULES OF THE CLUB
LOCKERS - Lockers are provided for use
whilst exercising & will be cleared daily once the club is
closed. Please be advised that the lockers provided are not
security lockers and therefore we request all valuable items are
carried. Whilst care is taken to safeguard locker contents,
thefts can occur. Please be aware that we do not accept
responsibility for any loss or damage to property that occurs as
a result of unknown persons breaking
into lockers or where items are not placed in lockers. When using
lockers, please ensure that the locker key/card is secure at all
times on your person. (Reception can supply a
safety pin for this purpose or sell a card holder, however, we do
strongly suggest the keys/card should be carried INSIDE a
pocket). Should a locker key be lost or contents 480848 FF
FF233.07 MTC be left in a locker overnight, there is a $25 charge
for replacement of the key and $50 for return of items. If your
belongings are left in a locker, they may be removed and we will
take no responsibility for loss or damage. Please note: all lost
property and locker belongings will be given to charity on a
monthly basis.
CLOTHING & HYGIENE - We require all members
and guests to wear suitable clothing (non-offensive) and
appropriate enclosed sporting footwear when visiting any of the
exercise areas (excluding wet areas). It is also paramount that
personal hygiene is considered when visiting Fitness First clubs,
so it is appreciated that everyone wears deodorant and is aware
of their own body odour.
TOWELS - We require all members to use clean
towels to lie on when using equipment (including mats) at all
times.
WET AREA USAGE - You and your Guests may use all
wet areas including but not limited to the swimming pool, sauna,
steam, monsoon shower etc. These areas are
unsupervised and you use them at your own risk. Children must be
supervised. No running, diving or jumping permitted in these
areas. Note: not all clubs offer all services.
VEHICLES - vehicles and their contents, parked
in any club car park or elsewhere on the premises of any club are
left at the owners risk and we will accept no liability for loss
or
damage.
TIME LIMITS - You must adhere to parking and
equipment time limits . Violation of limits may incur fees as
decided by us from time to time.
ADDITIONAL SERVICES - We offer additional
services at some clubs such as Personal Training, Solarium, Play
Zone/Junior Care, Pilates Programmes etc. These services do not
form part of the Contract and will incur separate fees and have
separate agreements. Where a laundry service is provided as part
of a membership, the service will be
provided only in relation to the items of clothing worn by you
whilst undertaking fitness activities in the club (excluding
under garments). All items of clothing left by you must be
clearly labelled with your name and must be machine washable and
colour fast.
No claims for loss can be made in respect of all costs, damages,
claims, demands and expenses incurred as a result of a failure to
adhere to this rule.
EACH VISIT - Access to the club will only be
granted to you upon presentation of your access card and (if
requested) photo identification. Locker keys and towels (where
issued) are your responsibility and must be returned prior to
leaving the club. If you lose your access card, locker key or
towel, there will be a replacement charge.
GUESTS - Guests may enter the club on payment of
a fee determined by us from time to time. Guests must sign the
Guest register, complete a "Welcome to Fitness First"
form (on their first visit) and show a form of photo
identification. Guests are subject to the Rules and Terms
detailed in the Guest Register and Welcome to Fitness First form.
The number of visits by a guest to a club is at our sole
discretion. All guests must be at least 14 years old and be
accompanied by you and must leave when you do. All members and
guests are required to acquaint themselves with signage and
brochures for additional key Rules located throughout each club.
PART C
CUSTOMER
SERVICE AGREEMENT
Our commitment to you
This document outlines
our service commitment to you, in respect of the Direct Debit
Request (DDR) arrangements made between Fitness First Australia
Pty Ltd and you. It sets out your rights, our commitment to you
and your responsibilities to us together with where you should go
for assistance.
Initial terms of the arrangement
In terms of
the Direct Debit Request arrangements made between us and you, we
undertake to periodically debit your nominated account for the
agreed amount for your
fortnightly/monthly health club dues as defined in your
Membership Application and Contract.
Drawing arrangements
Fortnightly/monthly
drawings under the Direct Debit arrangement will occur on every
second Thursday for fortnightly memberships or on the 1st of the
month commencing on the date defined on your agreement. If
drawings fall on a non-business day, it will be drawn on the next
business day. Please note that drawings may take up to 5 business
days to come out of your account. We will provide you with at
least 30 days notice when changes to the initial terms of the
arrangement are made. If you wish to discuss any changes to the
initial terms please contact your Home Club. If your drawing
is
returned or dishonoured by your financial institution we will
endeavour to contact you requesting payment. If we have not
received payment we will re-draw these funds again along with and
including any outstanding membership drawings on or before the
next Direct Debit cycle. Transaction and administration fees will
be charged to your account in the case of any failure to
satisfactorily draw against your account.
YOUR RIGHTS
Changes to the arrangement
If you want to make
changes to or stop the drawing arrangements, written notice of
this must be forwarded to both your Home Club and your financial
institution including details of all changes requested.
Enquiries and Disputes
Should you wish to
discuss these arrangements, including any possible disputed
amounts, please call your Home Club Administrator or your
financial institution directly. Where disputes are referred to
us, we will endeavour to respond to them within 7 days. If you do
not receive a satisfactory response from us in relation to your
dispute, you may contact your financial institution. They will
respond to you with an answer to your claim in accordance with
their published processes. 480848 FF FF233.07 MTC
Your commitment to us
It is your responsibility to ensure that:
Â- Your nominated account can accept direct debits (your
financial institution can confirm this); and
Â- That on the drawing date (and for 5 subsequent days)
there is sufficient cleared funds in the nominated account;
and
Â- That you advise us in advance if the nominated account
is to be transferred or closed. That if you are paying your fees
by credit card, you advise us of any changes to your credit card
information, i.e. expiry date, or number.
PART D
PRIVACY STATEMENT AND ACKNOWLEDGEMENT
In the course of establishing a Contract with you and during the
term of that Contract we will obtain access to certain sections
of your personal information (such as information concerning your
health and your financial position). Fitness First will only use,
disclose or deal with such information in accordance with our
Privacy Policy. A full copy of our Privacy Policy is available on
www.fitnessfirst.com.au or can be sent to you on
request in writing to reception@fitnessfirst.com.au.
