PHYSICAL CONDITION: On the date of this Agreement and on all subsequent visits to BlueFit, you warrant that you are in good physical condition and that you are not aware of any medical or alternate reason why you would be prohibited from engaging in active or passive exercise and that any such exercise would not be detrimental to your physical condition, comfort or health and safety. We recommend that you seek expert medical advice prior to commencing any exercise program if you are in any doubt of your physical condition. BlueFit staff members are not medically trained and are not capable of treating or diagnosing any medical conditions/ailments. You shall not use any BlueFit facility if you are suffering from any contagious illness, disease or other ailment or whilst you are suffering from a physical condition that would put yourself and/or other members at risk.
10:26
MEMBERSHIP COMMENCEMENT: You are becoming a member of BlueFit Pty Ltd (“BlueFit”) and your membership entitles you to use the facilities available at your nominated centre. Your membership starts on the Membership Start Date ("Membership Start Date") that appears on your Membership Agreement.
COOLING OFF PERIOD: Should you wish to cancel your membership within 48 hours of your Membership Start Date you must notify us in writing. If you do so, we will refund all payments made during this time less a $50 administration fee.
DIRECT DEBIT MINIMUM AGREED TERM: Your minimum agreed term means the term specified on your Membership Agreement, unless extended by Suspension. Once your minimum term is at an end, your Membership Agreement will run from one fortnight to the next until you cancel it by providing appropriate notice.
DIRECT DEBIT MEMBERSHIP DUES: You are personally responsible for payment of the membership dues that represent the cost of using the facility for that period. We require that you agree to a direct debit request that forms part of this Agreement, or make payment of the full minimum term in advance. Should you fail to use your membership and do not use our programs and facilities, you are not relieved of your payment obligations, regardless of the circumstances, except as provided for in this Agreement. We reserve our right to adjust the availability of your facility on a temporary basis for the purposes of cleaning, renovations, repairs, maintenance, upgrades or special holidays.
DIRECT DEBIT MEMBERSHIP FEE INCREASE: The nominated membership rate will apply unless the centre provides you with a minimum of 14 days written notice of any fee changes that may occur. Whilst within your Minimum Agreed Term of your Membership Agreement, the increase will be no greater than 10% of your agreed membership rate, as specified within your Membership Agreement. If you do not wish to accept a fee change, you may cancel your membership as provided for in Clause 19.
SUSPENSION: Membership suspension is available provided that all amounts payable for your membership are paid up to date. All suspensions should be applied for in writing to us at least fourteen (14) days prior to the commencement of the suspension period. A maximum of 90 days per calendar year is permissible and may be taken in periods no shorter than 14 days. The suspension fee is $0.50 per day. Following your suspension, your minimum agreed term will be extended by an equivalent period to the period your membership was suspended. Membership suspensions are not retrospective and cannot be back dated. The 6 month upfront membership special is excluded from the aforementioned suspension policy. Suspensions are not available with this membership. Please see terms of promotion for further detail.
CLOTHING ATTIRE: We require you to wear the appropriate clothing (non-offensive) whilst on the premises and whilst using the facility. Covered sporting footwear must be worn at all times while in the health club. All members are to use a towel when using equipment and to wipe down equipment after use. Appropriate swimwear must be worn in the aquatic environment.
ETIQUETTE: All members are required to show their membership cards, put their weights and equipment away and wipe down machines after use. Memberships are for the card holder only and cannot be transferred to another person unless approved by BlueFit. Management reserves the right to refuse entry, cancel a membership or ask a guest to leave without warning or notice for serious inappropriate behaviour including but not limited to damaging equipment, harassing staff or other members, being under the influence of drugs/ alcohol or behaving inappropriately. In this instance BlueFit will not be required to refund any monies paid or any proportion of the membership.
CHANGE OF SERVICES/RULES: We reserve the right to add, delete or alter services and amenities such as membership terms and conditions, opening and closing hours, timetables, operating hours and other events that may be seasonal. Any changes or variations that may occur will be notified to you either though the newsletter/magazine published from time to time or via writing.
REPLACEMENT CARD: Upon completing this Membership Agreement you will be issued a Membership Card. It is your responsibility to keep your card from becoming damaged. Should you lose your card you will be required to pay a replacement fee of $5. Should you not be able to provide your BlueFit Membership Card for entry after three consecutive visits, you will be required to pay $5 replacement fee for a new card before entering the facility.
MINIMUM AGE: You must be at least 14 years old to become a member. Members under 16 must be supervised by a parent/guardian who is also a member at all times whilst using our facilities. A member must be at least 16 years old to participate in weight-based group exercises or resistance training activities.
RISK WARNING: It is your responsibility to ensure that you operate all equipment and facilities in the correct manner. If you are in any doubt as to how to use equipment correctly please consult a member of staff before use.
DAMAGE: You are responsible for any damage caused by you or your guest if such damage is caused by your negligence or neglect.
PHYSICAL CONDITION: On the date of this Agreement and on all subsequent visits to BlueFit, you warrant that you are in good physical condition and that you are not aware of any medical or alternate reason why you would be prohibited from engaging in active or passive exercise and that any such exercise would not be detrimental to your physical condition, comfort or health and safety. We recommend that you seek expert medical advice prior to commencing any exercise program if you are in any doubt of your physical condition. BlueFit staff members are not medically trained and are not capable of treating or diagnosing any medical conditions/ailments. You shall not use any BlueFit facility if you are suffering from any contagious illness, disease or other ailment or whilst you are suffering from a physical condition that would put yourself and/or other members at risk.
COMPLETE AGREEMENT AND SEVERABILITY: The terms of this Agreement constitute the full agreement between you and BlueFit, and no oral promises are made part thereof. If any part of this Agreement is deemed to be invalid or unenforceable by law, the provisions will be deleted from the Agreement but such deletion will not affect the validity and enforceability of the remaining provisions.
WAIVER AND RELEASE: During all such times that you are on BlueFit premises both your property and your person shall be at your own risk. You agree that BlueFit shall not be liable for any loss, damage or theft of any property belonging to you or your guest (including minors) occurring on BlueFit premises except where caused by the gross negligence of BlueFit. Additionally, BlueFit shall not be liable for any death, personal injury or illness occurring to you or your guest (including minors) on BlueFit premises or as a result of the use of any facilities or equipment provided by BlueFit, except to the extent that such death, personal injury or illness occurs from the gross negligence of BlueFit.
DIRECT DEBIT CANCELLATION:
AFTER THE MINIMUM TERM:
A) FORTNIGHTLY: You can cancel your membership by providing 2 full fortnights notice in writing taken from your next direct debit date to the Centre Manager.</li>
B) MONTHLY: You can cancel your membership by providing 1 months’ notice in writing to the Centre Manager.</li>
WITHIN MINIMUM TERM:
A cancellation fee of $165 will become payable unless:
a).You relocate to an area not within 30kms from the club. You must provide a letter from your agent or employer verifying your relocation.
b).You become subject to medical incapacity in such a way that you are unable to use the facilities. You must show us a certificate from a qualified medical practitioner stating that you cannot exercise for either 12 months, or the remainder of your term, whichever is longer.
UPFRONT MEMBERSHIPS: cannot be refunded as per the terms and conditions of the agreement.
Paid in full term memberships are not refundable but can be transferred to another person as provided for in Clause 18.
TRANSFER OF MEMBERSHIP BY BLUEFIT: BlueFit have the right to assign or transfer the benefit of your Membership Agreement to a person, firm or company at any time, without giving you notice. BlueFit may relocate to another premise within a 5 kilometre radius and the location at which the services are provided may change during the term of this agreement.
DEBITSUCCESS DIRECT DEBIT REQUEST (DDR) SERVICE AGREEMENT: This Agreement is designed to explain what your obligations are when undertaking a Direct Debit arrangement involving Debitsuccess. It also details what our obligations are to you and forms part of the terms and conditions of your Direct Debit Request (DDR) and should be read in conjunction with your DDR Authorisation Form.
INITIAL TERMS: I/We authorise Debitsuccess Pty Limited (ACN: 095 551 581) APCA User ID 184532 to make periodic debits on behalf of the “Business” as indicated on DDR Authorisation Form (herein referred to as the Business). I/We acknowledge that if specified by the Business, in addition to the agreed periodic debits set out in the DDR Authorisation Form, administration/setup, variation, reversal, dishonour, or processing fees may also apply and be debited under the DDR as instructed by the Business. RELATIONSHIP: I/We acknowledge that Debitsuccess is acting as an agent of the Business and that Debitsuccess does not provide any goods or services, and has no express or implied liability in relation to the goods and services provided by the Business or the terms and conditions of any agreement with the Business.
CLEARED FUNDS: I/We acknowledge that is my/our responsibility to ensure that there are sufficient cleared funds in the nominated account by, and at all times on, the due date of the payment (“Day to Debit”) to enable the direct debit to be honoured on the Day to Debit. I/We acknowledge and agree that sufficient funds will remain in the nominated account until the direct debit amount has been debited from the account and that if there are insufficient funds available when the debit is attempted, I/we agree that I/we will be responsible for any fees and charges that may be charged by my/our Financial Institution.
VARIATIONS TO DEBIT TERMS: I/We authorise the Business to vary the amount of the payments from time to time as provided for within the agreement with the Business. I/We authorise Debitsuccess to vary the amount of the payments upon instructions from the Business. I/We do not require Debitsuccess to notify me/us of such variations to the debit amount. I/We acknowledge that variations to the debit arrangement will be directed to the Business. I/We acknowledge that Business is to provide 14 days’ notice if proposing to vary the terms of the debit arrangements otherwise than in accordance with an agreed payment schedule. I/We acknowledge that my/our requests to vary, defer or stop the debit arrangement will be directed to the Business.
CANCELLING THESE DEBIT TERMS: I/We understand that I/we are able to cancel this DDR by requesting this of the Business or the Financial Institution, and I/we acknowledge that cancellation of the authority to debit my/our account will not terminate my/our agreement with the Business or remove my/our liability to make the payments I/we have agreed to.
DISHONOURED PAYMENTS: I/We acknowledge that: -if a debit is returned by my/our Financial Institution as unpaid, I/we will be responsible for any fees and charges for each unsuccessful debit in addition to any Financial Institution charges and collection fees, including and not limited to any fees of solicitors and collection agents appointed by Debitsuccess; and -Debitsuccess may attempt to re-process any unsuccessful payments as advised by the Business and/or add such unsuccessful payment to any future payments.
ACCURACY OF INFORMATION: I/We acknowledge that it is my/our responsibility to ensure that the details entered on the DDR Authorisation Form are correct and that Debitsuccess is not liable to the extent that any such details are wrong and this causes a required payment to be missed. In addition, where I/we are paying the required payments by credit card and have entered the details of the credit card on the DDR Authorisation Form, I/we agree that Debitsuccess may continue to debit from a credit card in accordance with the terms of this Agreement to the extent that the credit card has expired, and that it wholly my/our responsibility to provide details of a replacement credit card to Debitsuccess via the Business.
DISPUTES I/We acknowledge that any disputed debit payments will be directed to the Business. If no resolution is forthcoming, I/we understand that I/we are to contact the Financial Institution. OTHER AUTHORISATIONS: I/We authorise: The Debit User to verify details of my/our account with my/our Financial Institution; and The Financial Institution to release information allowing the Debit User to verify my/our account details.
INFORMATION SECURITY: Debitsuccess agrees that it will make reasonable efforts to keep any of your information contained in the DDR (including account details) and any other information that we have about you confidential and secure, and will ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information. Debitsuccess will only disclose information that we have about you: to the extent specifically required by law; or for the purposes of this Agreement (including disclosing information in connection with any query or claim).
