For members excluding NSW
We’ve summarised the key changes for you as follows:
Please see here the Summary of Key changes to the National Terms and Conditions
By signing the agreement you acknowledge and agree:
you have been given a copy of this agreement and agree to abide by your obligations in it;
you are medically sound to undertake a normal course of exercise, you use the club facilities at your sole risk and responsibility and you are aware that exercise is physically demanding and participation in some activities may pose a risk to your health; and
this agreement also relates to your authority to Debitsuccess Pty Ltd or other debiting agent nominated by Fitness First from time to time to directly debit the nominated bank account or credit card for any instalments or fees due under the terms and conditions of this Agreement and Direct Debit Request. These terms and conditions are set out in this agreement and can also be accessed on the Fitness First website (fitnessfirst.com.au). As a member, you can use our clubs in line with these terms and conditions, including the club code.
What definitions apply?
“Debitsuccess” is Debitsuccess Pty Ltd, PO Box 577, Mt Waverley, Vic, 3149 Phone: 1800 148 848 E-mail: [email protected] or other debiting agent nominated by Fitness First from time to time.
Fitness First Australia Pty Limited ABN 65 094 778 622 © October 2014 ACT
1.1 What types of membership do we have?
Understanding our membership options: Access
*Note: Some membership options are not available at all clubs.
Understanding our Membership Options: Commitment
*Note: Some membership options are not available at all clubs.
1.2 Do we offer any discounts?
Using a corporate discount
You will receive a preferred partnership discount if you are an employee of a company we have a current corporate agreement with. Please ask us for more details.
Using a concession discount
You will receive a discounted membership at selected clubs if you are a:
• full-time student or pensioner
• seniors cardholder.
If you are a student, you must show us proof that you qualify for a concession before your membership anniversary each year. If you no longer satisfy our criteria, we can upgrade you to the standard membership. Before we change your contract, we will write to you about any changes to your fees and give you 28 days notice. You may cancel your agreement during this time (see 3.1).
Setting up a family membership
We offer a discounted rate on some membership types to immediate family, if:
• we can link the family member/s to a primary, full-paying member
• the primary member agrees to pay for the membership/s from the same account.
If the primary member cancels his or her membership, the family member’s fees will still be debited from the primary member’s bank account but not at the discounted rate.
If the primary member cancels these payment details, the family member must then pay for his or her own membership but not at the discounted rate.
1.3 How old do you have to be?
Meeting our minimum age
You must be at least 14 years old to become a member.
Joining aged 14–15
If you are under 16, a parent or guardian must sign your membership agreement and pre-exercise questionnaire. You can then:
• use cardiovascular equipment
• take part in group fitness classes that do not use weights
• take part in water-based classes.
You may not do unsupervised resistance training or take part in group classes that use weights (including circuits and boxing type exercises).
You must not use a 24/7 club outside of the clubs staffed hours.
Joining aged 16–17
If you are 16 or 17, a parent or guardian must co-sign your agreement and pre-exercise questionnaire.
You may then do unsupervised resistance training once a qualified staff member has:
• assessed your pre-exercise questionnaire
• written and supervised an initial resistance training program for you.
You must not use a 24/7 club outside of the clubs staffed hours.
1.4 When does your agreement start?
Signing your agreement
You have an agreement with us when you have signed it and we have accepted it. If these terms and conditions or your agreement differ from anything you are told at the club or over the phone, these terms and your agreement will apply. Unless written confirmation is received from a Fitness First employee.
Paying a start up fee
You need to pay a start up fee when you join or renew. This fee is listed in your membership agreement. This fee cannot be refunded, even if you cancel during your comfort guarantee period.
If you defer your start up fee or any other fees, we will charge you a higher fortnightly amount until you have paid the deferred fees in full.
Understanding our rights
If we do not enforce our agreement rights at any time, it does not mean we have waived those rights, no matter how long we wait. If there is a miscalculation in your membership agreement, we have 5 days after the agreement is signed to correct it.
1.5 Can you change your mind?
Using your comfort guarantee
You can cancel your agreement during your comfort guarantee period. You have 14 days from the date you start your initial agreement or, with a new club, from its grand opening date. To cancel your membership, please see 3.1.
We will then cancel your agreement and refund your initial payment, less than your start up fee. This is only applicable for new membership agreements.
1.6 What about your health?
Promising you are in good health
On the day you sign your agreement and each time you use our clubs, you promise us that:
• you are in good physical condition
• you know of no medical or other reason why you cannot or should not do active or passive exercise.
Seeking expert advice
Our staff and contractors are not medically trained. They are not qualified to assess if you are in good physical condition and can exercise without risking your health, safety or comfort. If you have any doubts, we strongly urge you to seek expert advice before starting an exercise program. When you join the club, we will offer you personal training at a reduced rate, or a complimentary group session.
2.1 When do you pay membership fees?
Paying for ongoing memberships
You pay fees for ongoing membership fees in advance by direct debit from a bank account or credit card. You can pay your membership fees as far in advance as you like, up to the legal time limits. However, you still need to provide your account details for when your advance payments end. Should there be any arrears in payments you authorise DebitSuccess to debit the outstanding balance in order to bring the account up to date.
You can pay upfront for some memberships. Please visit your club for a list.
For a Pre Paid membership, you will pay on the day you buy it.
Renewing your upfront membership
When your membership is due to end you can renew your membership at the current membership rate. By renewing your membership, you agree to the membership terms that apply at that time.
If you wish to cancel your upfront prepaid membership for any reason indicated in Clause 3.3 you will be refunded 100% of the value of the unexpired term remaining on your Pre Paid Membership.
If you wish to cancel your upfront prepaid membership for any reason other than those in Clause 3.3, you will be refunded 10% of the value of the unexpired term remaining on your prepaid membership.
2.2 How do direct debits work?
Paying by Direct Debit
Your membership fees will be debited from your nominated account at the agreed payment frequency, as set out in your membership agreement. You request and authorise us to arrange for any amount we may debit or charge you to be debited by third party direct debit billing service provider, DebitSuccess from your account subject to their terms and conditions set out in Annexure A of your membership agreement. You acknowledge that Debitsuccess has been engaged to collect the fees due under this agreement if you are paying by direct debit and you acknowledge that our rights under this Agreement are able to be enforced by Debitsuccess without our involvement or your consent.
Meeting your responsibilities
You must make sure:
• your account can accept direct debits (your financial institution can confirm this)
• there is enough money in your account on the payment day and the next 5 days
• you tell us if you are transferring or closing your account, at least 48 hours before your next direct debit
• you tell us about any changes to your credit card, such as its expiry date or number, at least 48 hours before your next direct debit.
Please notify Debitsuccess and your financial institution if you want to change or stop your direct debits.
Querying a payment
All queries and comments about the direct debit billing service should be directed to Debitsuccess
2.3 What happens if your payment is late or fails?
Losing 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 account details.
Paying your outstanding debts
We will continue to debit your nominated account without notice along with any late fees that apply, until we have received the total amount you owe us. Fitness First or Debitsuccess will make a reasonable effort to let you know beforehand by:
• phoning you or speaking to you at your club
• writing to the address you last gave us.
For membership/s in your name, you must make sure that the payment method you choose continues for the length of your agreement. This includes third-party accounts. If the details you give us fail, you are liable for all resulting fees. You should update your details and are obligated to complete your minimum term.
If the debit remains outstanding it will be processed within 14 days of the reversal with any reversal along with any late fees that apply.
If you default in payment of your membership fees we may send your outstanding debt to a third party debt collection agency to collect your outstanding fees. If this debt is sent to a third party further fees and charges may be payable.
If paying by Direct Debit, upon default by you in regard to any obligation under this Agreement and failure to remedy the default after notification by DebitSuccess:
you authorise DebitSuccess to notify any debt collection agency of the default;
DebitSuccess may, at its sole discretion, terminate the membership agreement at which time the full outstanding balance for the remainder of the Minimum Term or payments (including any current arrears) shall be due in full; and
you authorise DebitSuccess to add to the outstanding debt a fee of $50 and an amount equivalent to 25% of the full outstanding balance (being DebitSuccess’ expenses reasonably incurred in collecting the debt) upon initial referral to the debt collection/credit reporting agency.
2.4 Can we change your agreement?
Staying up to date with our terms
We may sometimes add to, change or remove our terms and conditions. This includes changing a club’s opening and closing hours, its services and facilities and membership fees. Sometimes, we may also close clubs for refurbishment to improve their facilities. We do not reduce your membership fees because your club is closed for renovations or for a public holiday.
The most up-to-date terms and conditions always apply. You can find copies at your local club or on our website at www.fitnessfirst.com.au.
Being notified about changes
We will give you at least 28 days notice of any changes, for instance by:
• publishing them in our newsletter or on our website
• placing a notice in the club
• phoning you or writing to the address (post or email) you last gave us.
If we suspend a club’s operations or services, temporarily or permanently, we may send you a written notice offering you either a:
• transfer to another club, if available
• complimentary time freeze (see 2.6).
Cancelling your membership
If we do not fulfil our obligations to you, you may be able to cancel your membership (see 3.1). Unless the law states otherwise, you won’t have any other claim against us if this happens.
2.5 Can we increase your fees?
If you have joined on a 12 or 18 month membership term after 14 February 2019 then after your minimum term has expired your membership fees will increase automatically by 2% from the first direct debit date and annually thereafter without further notice.
If you have joined on a 12 month or 18 month membership term prior to 14 February 2019 and your minimum term has expired your membership fees will only increase if we provide you with at least 28 days beforehand by writing to the address you last gave us ( which may be an email address). We will consider you have received our letter or email on the second business day after it is sent.
If you have joined on a 3 month membership term after 5th March 2020 then after your minimum term has expired your membership fees will increase automatically by 2% from the first direct debit date and annually thereafter without further notice ;
If you have joined on a 3 month membership term prior to 5th March 2020 and your minimum term has expired your membership fees will only increase if we provide you with at least 28 days beforehand by writing to the address you last gave us ( which may be an email address). We will consider you have received our letter or email on the second business day after it is sent.
2.6 Can you freeze your membership payments?
Using a ‘time freeze’
You can freeze your membership from 1 or more fortnights, up to a maximum of 4 fortnights each calendar year. You first need to contact Debitsuccess at least 3 days prior to the date of the first frozen payment due date. The time freeze fee for all memberships is $8 per fortnight, which you can pay in advance or by direct debit.
Please note that if you are within your minimum term, any time freezes are not classified as a full payment toward your contract.
Using an ‘extended time freeze’
You can freeze your membership for up to 13 fortnights in any 12 months for travel, medical or bankruptcy reasons. However, we must be satisfied by your supporting documents, such as a certificate from a medical practitioner stating you are unable to exercise.
If you have a medical reason or become bankrupt, we will not charge you for this extended time freeze to allow you time to recover.
Understanding the conditions
Before freezing your membership, you must make sure your fees are up to date and you don’t owe us any money. Note that we cannot backdate any time freeze requests. You must request a freeze when you need it.
‘Time freeze’ for club closures
If we are required by the state or federal government to temporarily close our clubs in your local State (Closure Period), we may freeze your membership for that Closure Period. You are entitled to request cancellation of your membership during the Closure Period but processing of the cancellation may be delayed until after the Closure Period has ended. Please refer to section 3 regarding the terms that apply to cancellation of your membership.
Showing photo ID
We will give you an access card when you join. We will also attach your photo to your account on our digital membership database. If you visit the club without a valid access card or photo identification, we may refuse you entry.
Your membership card
The access card is our property. You cannot lend your card or allow anyone else to use it.
If you lose or damage your card, we will charge you the following to replace it:
• Barangaroo - $10 per card
• All other clubs - $5 per card
Visiting overseas clubs
You can visit our clubs overseas if you have a Passport, Platinum, Platinum Plus, Platinum Extra, Titanium or Black Label membership. You need to obtain a Fitness First Overseas Passport before you leave Australia.
The following conditions will apply to overseas clubs visits:
• An overseas passport card will need to be collected in club before you visit an overseas club and presented on each visit to an overseas club
• There is a limit of 30 visits per calendar year
• Your membership cannot be on time freeze or in arrears to use overseas clubs
• Our overseas clubs may become unavailable for use at any time and without further notice to you. We recommend you contact your home club for an updated list of our currently owned clubs upon applying for your Fitness First overseas Passport
2.8 How can you protect your health?
Telling us about your health risks
If you believe any club activities might risk your health, 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 agreement until:
• your doctor agrees in writing that you are fit to exercise
• you show us proof that you have received medical advice on an appropriate exercise program.
Managing infections and illnesses
You must not use club facilities if:
• you have an infection, contagious illness or physical ailment, such as an open cut or sore
• there is any other risk, however small, to other members and guests.
2.9 How can you give us feedback?
We welcome your feedback
Your feedback is important in helping us to provide a great service. If you have any comments or questions about our clubs, website or service. If you have a complaint, we will follow our complaints process, which has been developed with Consumer Affairs. Please contact us via one of the methods listed below.
Our club staff are always happy to help. Ask at club reception or find and contact your local club here. If you’d like to speak your club manager, let our reception team know. If no managers are immediately available, the reception team will ensure someone contacts you as soon as possible. Comments card are also available at club reception, simply drop this into the suggestion box at club reception and
leave the rest to us. We will be in contact with you shortly after that.
Send us a message by completing our enquiry form via our website www.fitnessfirst.com.au/contact-us/. Please make your enquiry selection carefully as this will helps us with efficiency and you will hear from us within 5 business days.
Contacting Central Customer Service
If you are not satisfied with our response, you may write to Central Customer Service at either
Email: [email protected]
Post: PO Box 715, Bondi Junction, NSW 1355.
Central Customer Service may refer your complaint to club management if it has not already had a chance to resolve your enquiry. You will likely hear from us within 5 business days about what we plan to do and how long it is likely to take.
3.1 How can you cancel your membership?
Cancelling your membership
You can cancel your membership by:
• You can cancel your membership by calling us on 1300 55 77 99.
Confirming your request
When you do this, please always
• give us your email address so we can confirm your request in writing
• keep a copy of your request
• make sure that you cancel your direct debits with your financial institution.
3.2 How do you cancel after the minimum term?
Cancelling after the minimum term expires
Once the minimum term of your membership expires, you or we may cancel your membership (see 3.1). When you cancel, you must pay us any fees you owe or we may take action to recover them.
Giving us notice
You must give us 28 days' notice to cancel, unless you are cancelling for medical reasons or bankruptcy (with supporting evidence). We count this period from the date of your request unless we have frozen your membership due to the government mandated closure of our clubs in your local State and we receive your notice to cancel during the Closure Period, in which case we will count this period from the date that our clubs in your local State open again. Your membership payments are payable up to the date that your notice period ends and your final debit may be a pro rata amount. To ensure your direct debit does not continue past your minimum term, you must give us 28 days' notice (or 14 days if within ACT) within this term.
You cannot freeze your membership payments during the notice period.
3.3 Can you cancel during the minimum term?
Cancelling without paying out your agreement
You can cancel your membership if time freeze is not suitable during the minimum term if:
• you are sick or incapacitated – you must show us a certificate from a qualified medical practitioner stating that you cannot exercise for the rest of your term.
• you are bankrupt – you must show us supporting documents.
We will not charge you an exit fee in these cases.
You can also cancel if you relocate to an area more than 15 kilometres from any Fitness First club, but you must show us a letter from your real estate agent or advice from Australia Post. We will charge you an exit fee that is equal to 20% of the remaining contract value on your membership.
Transferring your membership to another person
You can transfer your membership to another person (transferee) within the minimum term of your agreement so long as the transferee:
• is not a current member
• has not been a member in the last 3 months
• completes the new membership sign-up process and pays a transfer fee equivalent to the start up fee
• is eligible to take up your membership (for instance, you cannot transfer a corporate or concession membership to someone who would not qualify for that membership)
• has not previously been banned by Fitness First or failed to pay membership fees.
The transfer is effective only after the transferee has completed the sign-up process.
We do not allow transfers once you have completed your minimum term. You also cannot transfer foundation,family or friends memberships.
Cancelling for other reasons
If you wish to cancel for any other reason and have more than 28 days left in your minimum term, you can pay out your agreement.
We calculate the amount you must pay by:
• multiplying your fortnightly fee by the number of fortnights left in your minimum term
• deducting 10% from the total.
Any instalments/fees due at the date of termination (including instalments/fees which fall due during the notice period) will remain a debt owed to and recoverable by Fitness First and/or DebitSuccess.
You shall not consider that your membership agreement has been terminated until such time as this is confirmed in writing to you by Debitsuccess (not more than 14 days after the termination date). Termination of your membership agreement will also terminate the Direct Debit Request Authority.
3.4 Can you cancel if we change the agreement?
Cancelling if changes to terms and conditions adversely affect you
We reserve the right to change or add to these membership terms and conditions or the club code. If by making such changes you are adversely affected you may terminate this agreement. For the avoidance of doubt however, changes to club timetables, facilities and hours of operation does not constitute a change of this membership agreement for the purposes of this clause.
You can also cancel your membership if we breach our obligations and we do not fix the breach in a reasonable time after you have told us about it in writing. We will refund you any membership fees you pay between the date of notification and the date on which we decide that we cannot fix the breach.
In either case, you need to give your club 28 days’ notice (see 3.1). We will not charge an exit fee.
Receiving a refund for prepaid programs
If you pay for a program in advance, we will refund the fee within 6 months of purchase if:
• the program is cancelled
• you can show us medical evidence that the program will cause you physical harm or injury
• the law requires us to refund the fee.
We will not refund you if the prepaid program has already expired.
You must follow our club code. Some clubs have higher risk areas, such as play zones, swimming pools, steam rooms and saunas. Please read and follow all signs and handouts that tell you what to do, especially in these areas. If you don’t understand something, please ask for help.
4.1 What rules apply to our facilities?
Respecting our 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 ask our staff before you use it.
Note that you will be responsible for any damage that you or your guests cause through a wilful act or negligence.
As a courtesy to other members, please:
• use a clean towel when you use equipment, including exercise mats
• keep to the set time limits
• keep phone calls to an absolute minimum. Note also that you must not use a camera in our clubs without written permission.
• Put equipment away after use
Taking care in wet areas
If a club has any wet areas, such as a swimming pool, sauna, steam room or monsoon shower, you may use them. However, note that these areas are unsupervised and you use them at your own risk.
You must follow all signs and never run, dive or jump. Please also supervise children closely.
Keeping your belongings safe
We provide lockers you can use while exercising but these are not security lockers. Please keep your access card with you and do not bring valuables into the club.
Unfortunately, thefts do happen. We cannot accept responsibility for any loss or damage to your belongings while you are at the club, even if someone breaks into your locker. If you leave belongings in a locker overnight, we may remove them. We give lost property to charity each month, including unclaimed items from lockers.
Wearing 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.
If a laundry service is part of your membership, we only wash clothes worn while exercising in the club. We do not wash underwear. Please label any clothes clearly with your name and check they are machine washable and colour fast.
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.
Please keep to the set time limits for parking or we may charge you an extra fee.
4.2 Can you bring guests to the club?
Paying for guests
You can bring guests into the club during staffed hours for a fee (see club signs). We decide how many club visits a guest can make at our discretion. Please phone your club to learn more.
For security reasons, children can only wait in the club if accompanied by an adult who is seated with them. For child-minding programs, ask your club about PlayZone.
Meeting our conditions
Your guests must:
• be at least 16 years old
• be accompanied by you and leave when you do
• sign the guest register and show photo ID
• fill in a pre-exercise questionnaire on their first visit
• follow the terms set out in the guest register and questionnaire, and all other signs and handouts.
4.3 What happens if you break the code?
Being refused entry or receiving a warning
We can refuse entry to anyone, including members, if they act unreasonably or break the code.
We may also warn you that you risk having your membership cancelled. If you continue to behave in the same way, we may cancel your membership immediately.
Facing 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
• instructing other members when we have not authorised you to do so.
5.1 What are your responsibilities?
Meeting your responsibilities
Your responsibilities, including payment of membership fees, do not depend on how often you use a club.
You must tell us about anything that affects your membership, and any changes to your contact and bank details.
Promising to take care
You promise to:
• make sure that you know how to exercise safely, by asking if necessary
• use your best endeavours to exercise safely
• not take valuables into the club, even if you plan to put them in a locker.
Your “personal information” (as that term is defined in the Privacy Act 1988 (Cth)) will only be used by Fitness First or Debitsuccess in accordance with the provision of their Privacy Statements.
Debitsuccess’ Privacy Statement can be obtained from its website www.Debitsuccess.com.
1.Statement of Commitment
Fitness First is committed to protecting your privacy and any personal information we collect. Fitness First complies with the Privacy Act 1988 (Cth). This policy explains how we may collect, use, disclose and otherwise handle personal and sensitive information.
Fitness First is committed to safeguarding personal privacy. It recognises that individuals have a right to control how their personal information is collected and used. Providing personal information is an act of trust and it is taken seriously. Unless given consent to do otherwise, Fitness First will only collect and use personal information as set out below.
A member’s name, contact details, date of birth, emergency contact details, bank account and/or credit card details, student identification details, employment details, payment history and sensitive information.
2. Collecting personal information
Fitness First will not collect or monitor any personal information about an individual without their consent. The only personal information collected is what is provided voluntarily by a member or prospective member.
We collect personal information primarily to enable us to provide members with our services or functions related thereto.
Fitness First may also use the information for marketing to you or for any other purpose permitted under the Privacy Act 1988 (Cth).
You don’t need to identify yourself when you deal with us (e.g. to find out more about membership packages) however in certain situations we will only deal with individuals who have identified themselves to us.
When a membership or product is purchased personal information will be requested in order to provide the requested service or product, provide updated information, and advise of other Fitness First products, which may be of interest. You are not obligated to provide personal information however failure to do so may result in Fitness First being unable to provide services or products to you.
Personal information is collected directly from members or potential future members when they personally complete and submit an application form to become a member of Fitness First. This can be done in person at one of our gymnasiums, on line via our website or on the phone via one of our Membership Consultants.
3. Collecting Sensitive Information
4. Use of tracking technologies
Fitness First uses tracking technologies such as cookies or web beacons to make use of the website and services as convenient as possible. Cookies are pieces of information that a web site transfers to a computer’s hard disk for record keeping purposes. Web Beacon is a technical method that sends information related to the access to websites, when you browse websites, open or preview an HTML-formatted email. Most web browsers are set to accept tracking technologies such as cookies or web beacons. These tracking technologies do not themselves personally identify users, although they do identify a user’s browser. These tracking technologies allow Fitness First to monitor the Fitness First web site, and to record how many people are using the different parts of the site.
It is possible to set the browser to refuse tracking technologies such as cookies or web beacons, however, this may limit the services provided by Fitness First’s web site.
5. Using and disclosing your personal information
Personal Information will be used for the following primary purpose:
• To fulfil obligations under a member’s membership agreement and/or any other contract between him/her and Fitness First;
• To render services under a member’s membership agreement;
• To provide information about products, service and/or special offers to members;
• To obtain opinions or comments about products and/or services from members;
• To record statistical data for marketing analysis from members.
Fitness First may employ other companies or service providers to assist us in providing our services or any functions related to our services, including (but not limited to) marketing, market research, mail-house services, debt recovery functions, hosting and product development services, analysis of member lists and/ or consulting services. For the avoidance of doubt, Fitness First may disclose your personal information to our partner debt collection agencies and other parties that assist with debt collection. Fitness First may disclose, and these third parties may have access to the personal information that is needed to perform their specific function. They cannot use that information for other purposes.
Fitness First recognise the trust with which individuals provide personal information, and such information will not be used or disclosed for any other purposes without consent, except in exceptional cases when disclosure may be required by law or is necessary to protect the rights or property of Fitness First, any Fitness First group company, or any member of the public, or to lessen a serious threat to a person’s health or safety.
Allowing us to use your image
We sometimes film or photograph the club so it is possible you will appear in the background. By signing your agreement, you allow us to use your image in promotional and other business-related material.
Paying outside providers, including personal Trainers
Contractors, tenants and franchisees provide some services in our clubs, such as personal training, physiotherapy and massage. You will need to pay service fees directly to them and we are not responsible for those fees or for any associated costs or refunds
6. Contact by Fitness First
Fitness First does not send advertising information without obtaining prior consent. If an individual receives communications from Fitness First which they do not wish to receive, they may remove their name from the database by contacting Fitness First at [email protected]
7. Individual’s right of access
Individuals have the right to review, amend or delete personal and/or sensitive information that may be recorded on the Fitness First database. Information may be reviewed, amended or deleted by completing the access request form at your home club’s reception.
A request may be made to delete personal and/or sensitive information, and all reasonable steps to delete the information will be made, except where it is required for legal reasons. Deletion of information may result in Fitness First being unable to sell products directly and/or provide certain services including after sales services.
8. Storage and security of personal and/or sensitive information
Fitness First takes all reasonable steps to keep secure personal information recorded and to keep this information accurate and up to date. The personal information is stored on secure servers if in digital format, or in locked areas if in hardcopy format: these repositories are protected in controlled facilities. In some cases these facilities may be in Amsterdam, Isle of Man, England and the United States. Fitness First employees and data processors are obliged to respect the confidentiality of any personal and/or sensitive information held by Fitness First. Fitness First only permits authorised personnel to access your information and information will only be disclosed to third parties where they have the appropriate authority. We destroy or de- identify personal information we no longer need, wherever possible.
9. Fitness First and links to other web sites
Fitness First provides links to web sites outside of the Fitness First site. These linked sites are not under the control of Fitness First, and Fitness First is not responsible for the conduct of companies linked to the Fitness First web site, nor for the performance or otherwise of any content and/or software contained in such external websites.
10. Problems, queries or complaints
If you are not satisfied with the result of your complaint to us, you can refer your complaint to the:
Office of the Australian Information Commissioner
Phone 1300 363 992
Post GPO Box 5218
Sydney NSW 2001
Online Form: www.oaic.gov.au (Privacy Complaint Form).
Allowing us to use your image We sometimes film or photograph the club so it is possible you will appear in the background. By signing your agreement, you allow us to use your image in promotional and other business-related material.
5.3 What happens if you have issues with outside providers?
Paying outside providers, including personal trainers. Contractors, tenants and franchisees provide some services in our clubs, such as personal training, physiotherapy and massage.
You will need to pay service fees directly to them and we are not responsible for those fees or for any associated costs or refunds.
Claiming against these providers
Any service they provide is a contract between them and you and we cannot accept any responsibility for a breach of contract or negligence.
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 any claim resulting from an act or omission by a contractor, tenant or franchisee.
Asking for our help
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.
5.4 What else should you know?
Having your contract transferred
We can assign or transfer the benefit of your contract to a person, firm or company at any time. We will give you 28 days’ notice in writing.
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.
Signing up for extra services
Some clubs offer extra services, such as dance classes, swim schools, PlayZone and junior care, Hot yoga and pilates programs. These are not part of our agreement. They may involve separate fees, code and agreements. Please read them.
All agreement 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.
5.5 Which laws apply?
Meeting state laws
Your agreement is subject to Australian law and is governed by the state laws where your home club is located.
If a court decides that any section of your agreement is invalid or unenforceable, that section will be deleted from the agreement. The other sections will remain valid and enforceable.
The below terms and conditions are supplemental to the existing Fitness First membership contract terms and conditions that can be found on the Fitness First website. They do not replace the existing Fitness First membership terms and conditions.
6.1 Things to Know At The Start Of Your Membership:
• Applicable start up fee must be paid for access to the Apple Watch membership options.
• Photo Identification is required before you are able to access our Apple Watch options.
• The offer is not available on any complimentary or company subsidised memberships.
• If you are an ex member of Fitness First you will not be exempt from the applicable start up fee.
• For new members the Apple Watch will be shipped at the end of the 14 day comfort guarantee.
• The Apple Watch will only be available for credit card transactions. For new members, the credit card must be the same card as that used to pay the applicable start up fee.
• The Apple Watch offer is only open to members 18 years or older.
• There is a limit of one watch purchase per member.
• Members who have a current debt owing or do not have valid account details for direct debit purposes will not be eligible to purchase an Apple Watch.
• The Apple Watch promotion is only available while stocks last and should a situation arise where we are unable to supply the watch you will be contacted to determine a new contract option.
• Once you have ordered your Apple Watch through Fitness First and your order has been verified and submitted to Apple, the process for fulfilment will be handled by Apple under their terms and conditions. If you have any problems with the fulfilment of your watch please contact Apple at [email protected]
• Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
• "Apple" and "Apple Watch" are trademarks of Apple Inc., registered in the US and other countries.
6.2 Can you cancel within the minimum term?
If you cancel or transfer your membership during the minimum term, the balance of your Apple Watch repayments will become immediately due and payable.
We will charge an exit fee based on the watch purchased and how much time is left on your membership:
• If you purchased an Apple Watch - 38 mm watch a fee of $16.78 per fortnight will be charged for each fortnight that is left on your agreement.
• If your purchased an Apple Watch - 42 mm watch a fee of $18.24 per fortnight will be charged for each fortnight that is left on your agreement.
• If you purchased an Apple Watch via the repayment plan option you can cancel your membership in line with the Fitness First terms and conditions. All fees owing on the Apple Watch will need to be paid in full at the time of cancellation.
6.3 Things to Know During Your Membership:
• If you are on the repayment plan for your Apple Watch Series you will be billed for your first payment on the next available direct debit date. This fee may be debited before you receive your watch.
• If you are on the repayment plan option and put your membership on time freeze the payments for the Apple Watch Series will continue whilst you are on time freeze.
• Your Apple Watch is covered under Apple’s 12 month warranty. If you have any questions or concerns regarding the functionality of the Apple Watch then please visit your nearest Apple store.
7.1 24.7 Access Pass
You will require your membership card to enter the club in un-staffed hours. You must swipe your card at the front door to gain entry to the club. All members are required to complete the Fitness First safety induction before their membership card will be activated for 24.7.
If you lose or forget your Membership Card you may access the club during standard staff hours (refer to section 2.7. For member’s safety, you cannot ask another member to give you access to the club in unstaffed hours. If your Membership Card is lost or stolen, you must notify the club immediately. A replacement card fee of up to $15 applies to gain 24.7 access to the club.
The member acknowledges and agrees that they must not admit guests, or let anyone else use their 24.7 Membership Card at any time outside staffed hours. If you breach this term you will be notified by Fitness First and an initial tailgate fee of $25 will be payable in the club or via direct debit. Subsequent breaches will incur a $50 tailgate fee, your access to 24/7 will be removed or your membership may be cancelled. If you deliberately use the emergency system inappropriately, you agree to pay any costs, loss or damage incurred because of this inappropriate use.
7.2 Children and Minors
17 years old and under, are allowed access during staffed hours only, please refer to section 1.3.
7.3 General information
You will read and follow all safety instructions displayed on equipment and throughout club.
Relaxation areas including Sauna, Steam room, Spa and Pools and any alarmed areas are strictly out of bounds during unstaffed hours.
Do not bring valuables into the club, all belongings must be kept on you at all times or secured in lockers; Fitness First will take no responsibility for lost or stolen items.
The club is monitored by CCTV at all times.
Additional Terms and Conditions of Access - Covid 29 response
Member safety is of the utmost importance to us, and we are introducing additional safety measures in NSW and other States as needed to manage the risk of Covid-19 and ensure that you can continue to enjoy training in our facilities.
8.1 Temperature Checks in Club
We have introduced temperature checks as part of our continuous improvement on our high standards of safety and hygiene. Along with our extensive safety procedures already in place, temperature checks will allow us to further mitigate risk to members and staff.
Our Fitness First staff will be undertaking temperature checks in club for the purpose of ensuring your safety and our staff’s safety. We will be requesting that you allow our Fitness First staff member to check your temperature prior to accessing our facilities. Our staff, franchisees and sub-tenants will also be tested upon entry to our facilities.
8.2 Purpose of Temperature Checking
A fever is one of the first recognisable symptoms of Covid-19. We are undertaking this additional measure to lessen or prevent the threat of Covid-19 and assist with ensuring your health and safety. We use infrared thermometers that measure surface temperature without coming into contact with a person's skin. Temperature checks are not designed to diagnose COVID-19, but rather offer a complementary tool for initial screening as fever is one of the earliest presenting symptoms.
8.3 Refusing a Temperature Check
Fitness First may make temperature checks for all members a condition of entry to any or all of our clubs. If we make temperature checks a condition of entry to our clubs and you refuse to undertake the check, whilst this additional measure is in place you will not be able to enter the club unless an exemption applies. If you consent to undertake a temperature check or are required to undertake the check by us as a condition of entry to our clubs and your reading comes back with an elevated temperature, we will ask you to stand aside and retest to confirm the reading is accurate. If there is a further reading of an elevated temperature, you will be required to leave our facilities and immediately seek medical attention and you will not be given access to our clubs for the rest of that day. Exemptions may apply on medical grounds. However, we must be satisfied by your supporting documents, such as a certificate from a medical practitioner stating that a temperature check may not be appropriate in the circumstances.
8.4 Group Exercise Bookings
As workout sessions and classes are limited, please be mindful of others if you’ve booked and cannot attend. You may be unaware, but you can cancel your booking online up to 1 hour prior, using your account login. If you book but do not attend a class more than three times within a 14 day period, we may cancel your ability to book a class for 7 days after that period.
This Agreement and its Annexures, the DDR Service Agreement (if paying by Direct Debit), and any Special Terms & Conditions listed on the website constitute the entire agreement, understanding and arrangement (express and implied) between the Member, Fitness First and Debitsuccess relating to the subject matter of this Agreement and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.
The issuer of the billing service is Debitsuccess Pty Ltd (ABN 32 095 551 581). Debitsuccess is an Authorised Representative (AR 407894) of Transaction Services Holdings Limited (AFSL 338256).
ANNEXURE A - DIRECT DEBIT REQUEST (DDR) TERMS AND CONDITIONS
DebitSuccess will debit your nominated account for the amounts and at the frequency of payments as agreed between us on the DebitSuccess DDR Membership Agreement signed and accepted by you.
CHANGE OF TERMS
In the unlikely event that the initial terms are to change, they can only do so in accordance with your contract and we must give you at least 14 days’ notice of the changes including if applicable the new amount, new frequency and next debit date.
DEFERRING OR STOPPING A PAYMENT
Should you wish to defer a payment to another date you must contact DebitSuccess before the date of that payment to request the deferment. Deferments are entirely at the discretion of DebitSuccess and will depend on the length of deferment, the current state of your account and your past history. You may request us to stop an individual payment however you will still be liable to make this payment by some other method or your account will become Overdue
ALTERING THE SCHEDULE
Should you wish to alter the payment frequency or Day to Debit contact DebitSuccess and at our discretion in most instances we will be able to make the changes you require. There may be a fee charged for this service (details of any fees payable can be obtained by contacting DebitSuccess on 1-800 040 576). Any changes made will not affect the total amount you would otherwise have paid over the Minimum Term of your Contract.
SUSPENDING THE PAYMENTS
Suspension of payments may be possible under the terms of your Membership Agreement. Payments may be suspended for a minimum of 2 weeks at a time so long as the total time suspended within 12 months does not exceed 8 weeks. In order to suspend payments you should contact DebitSuccess at least 3 days prior to the date of the first suspended payment. There is a charge of $4.00 per week while the Membership Agreement is suspended unless a different fee is specified on the front of this Contract. Any time spent on suspension will be added onto the Minimum Term of the Membership Agreement so that the sum of the instalments payable for the Minimum Term or number of payments shall still be payable regardless of any suspension or suspension charges made.
CANCELLING THE PAYMENTS
You can cancel this Direct Debit Request Authority by requesting this of DebitSuccess or your bank. Cancellation of the authority to debit your account will not terminate this Membership Agreement or remove your liability to make the payments you have agreed to.
If you dispute any debit payment, you must notify DebitSuccess immediately. DebitSuccess will respond to your dispute within 7 working days and will immediately refund the amount of the debit if we are not able to substantiate the reason for it. If you do not receive a satisfactory response from us to your dispute contact your financial institution who will respond to you with an answer to your claim within 5 business days if your claim is lodged within 12 months of the disputed drawing, or within 30 business days if your claim is lodged after 12 months from the disputed drawing.
When the day to debit falls on a weekend or public holiday the debit will be initiated on the next working day.
It is your responsibility to ensure that on the due date clear funds are available in your nominated account to meet the direct debit payment. Should your payment be dishonored DebitSuccess will debit you an additional $7.50 (unless your Contract stipulates otherwise) with your next payment and may, if we have not received instructions to the contrary from you, debit both the current due payment and the now overdue payment(s) on the same day. DebitSuccess may debit other fees or costs involved with debt collection in accordance with the terms and conditions of the Contract
All enquiries should be directed to DebitSuccess and should be made at least 1 working day prior to the next scheduled debit date.
YOUR OTHER RESPONSIBILITIES
In addition to those already mentioned, you are responsible for ensuring that your nominated account is able to accept direct debits. If it is not, it is your responsibility to provide DebitSuccess with a new account number.