MEMBERSHIP TERMS AND CONDITIONS

MEMBERSHIP TERMS AND CONDITIONS (Inclusive of: Rules of the Club, Direct Debit Arrangement and Privacy Statement).

These are the Terms and Conditions on which PRAMA Australia Pty Ltd T/As FIT360 Interactive Fitness (“we” or “us” or “our”) is willing to provide membership to the Club to you.  Any variation to these Terms and Conditions must be in writing and signed by our authorised officer. 

THIS IS AN IMPORTANT DOCUMENT - PLEASE READ IT CAREFULLY – THIS IS PART OF YOUR CONTRACT


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 Form 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 Form and anything you have been told at the Club or over the telephone, the terms in this Form will prevail unless staff members acknowledge 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 seven (7) days after formation of a contract to rectify any miscalculation reflected within the Application and Agreement and we will notify you of same within that seven (7) day period.  Please refer to Clause 3.


The Form 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 PRAMA Australia Pty Ltd T/As FIT360 Interactive Fitness and keep it in a safe place to refer back to from time to time. NOTE: If, after agreeing to become a member of PRAMA Australia Pty Ltd T/As FIT360 Interactive Fitness, you decide you do not wish to proceed, please refer to Clause 4.  If you do not understand something in this Form, please ask Management or call 1300 FIT360 or email admin@fit360training.com.au.  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 42 (Variation). Please note: the most up to date Terms and Conditions Form and Rules will always prevail after the outlined notified period.

DEFINITIONS

In these Membership Terms and Conditions, the following definitions apply:

PRAMA Australia Pty Ltd, Company, The Club, we, us, our means: FIT360 Interactive Fitness

You, your means:  the member of PRAMA Australia Pty Ltd T/As FIT360 Interactive Fitness
Contract, Membership Application, Agreement means: the Application and Contract between PRAMA Australia Pty Ltd T/As FIT360 Interactive Fitness and you under which you will become a member of PRAMA Australia Pty Ltd T/As FIT360 Interactive Fitness

Direct Debit Request Form means: the Direct Debit Request Form under which an Agreement is made by you to pay your Membership fees on a periodic billing basis

Minimum Term means the term specified in the Application and Contract and Direct Debit Request Form
Rules means the rules regulating the operation of equipment, opening hours, behaviour in the Club specified in signage and handouts and email and through our website

PART A - MEMBERSHIP TERMS


1. CONTRACT FORMATION - a contract arises between us once the Contract has been signed and we accept the Contract.

2. MEMBERSHIP ENTITLEMENT - As soon as a Contract is formed in accordance with Clause 1, acceptance of this Contract by us which we are not obliged to do, and subject to your rights in relation to Clause 4, you will be bound by these Membership Terms and Conditions 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 only for the term of this membership subject to meeting these Membership Terms and Conditions and the Rules applicable. Memberships are non-assignable, non-transferable and non-refundable except as permitted in these Membership Terms and Conditions and subject to law.


3. CONTRACT RECTIFICATION – We have seven (7) days after the formation of the Contract to rectify any error or miscalculation provided in the Contract.

4.  COOLING OFF PERIOD – After applying for membership, you have 48 hours (“Cooling Off Period”) during which you may cancel your membership.  Notice must be given in writing. A refund equal to the Membership Fee and any additional amounts paid minus the cost of any fitness services already supplied and an Administration Fee of 10% of the minimum membership fee or $75.00 (whichever is less) will be applicable. If you terminate your Contract after the Cooling Off Period, different conditions will apply. Clauses 9-15 below outline your right to terminate the Contract and any fees payable in such circumstances.

5. PAYMENT OF FEES FOR AN ONGOING MEMBERSHIP –

MEANING OF ONGOING MEMBERSHIP – Once a Contract is formed for an ongoing membership, this means that you have agreed to become a Member of PRAMA Australia Pty Ltd T/As FIT360 Interactive Fitness for the minimum period stated on your Application and/or Direct Debit Request Form and you have agreed to pay the total fee for that minimum period of membership  irrespective of the amount of times you utilize the Club and we agree that you may pay the total fee for that minimum period under a periodic billing agreement in accordance with your Direct Debit Request Form.

MEMBERSHIP FEES – We charge Membership Fees for membership to the Club as outlined in your Membership Contract and/or Direct Debit Request Form.  All ongoing memberships are paid either weekly or fortnightly in advance in accordance with your Direct Debit Request Form. All merchant fees associated with credit card payments can be recovered from your nominated credit card account (if applicable) and you authorize us to do this. At this time a merchant service fee of 4% 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 and you authorize us to do this. 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 or email. Please note: should we debit an account where we have no authority, we agree to refund these debits plus any overdrawn charges proven to be our fault.

SUSPENSION FEES –We charge a suspension fee as outlined in your Membership Contract and/or Direct Debit Request Form (and if nothing is stated, the default suspension fee is $5.00 per week plus the stated billing charges) if you wish to suspend your membership for a term.  The suspension fee will be direct debited on the same terms as your membership fees.  For any one suspension term, the minimum term for suspension is four (4) weeks and the maximum term for suspension is twelve (12) weeks.  You may only suspend your membership in intervals of whole weeks.  You are only offered one suspension term in any twenty-six (26) week period.  Your minimum Contract period will be extended by the length of your suspension term/s.  You must give us notice in writing of your request to suspend your Contract and suspension will be effective within fourteen (14) days after we receive written notification of same.  All direct debit payments falling due within that fourteen (14) day notice period will remain due and payable.

JOINING FEE – We charge a Joining Fee, as stated on your Application and/or Direct Debit Request Form, which is a fee used for all set up costs of a new or renewing membership including your initial fitness questionnaire and access card costs. This fee is payable upon joining and forms part of your Membership Fees.  This fee is non-refundable, even if you choose to cancel your membership in the cooling off period.

ADMINISTRATION FEE – We charge an Administration Fee if you terminate your Membership Contract pursuant to Clauses 4, 12, 13 or 14.

6. MONEY OUTSTANDING/NO ACCOUNT DETAILS - If any amount payable for your membership is not paid on the due date, access to the Club may be suspended until such time as payments are up to date. Any monies outstanding for other services in the Club may be automatically deducted from the supplied account/credit card details if not paid at the Club and you authorize us to do this. PLEASE NOTE: you may not be allowed access to the Club until full and correct direct debit details are provided.


7. 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 accordingly for the number of instances shown on your membership agreement until those deferred fees are paid in full.

8. PAYMENT OF FEES FOR A PRE-PAID MEMBERSHIP - As an alternative to an ongoing membership you may choose to purchase a membership by way of upfront payment of fees as stated on your Application. You may renew your membership upon payment of the membership fees and joining fee current at the time of renewal. Your renewed membership will be on the membership terms current at the time.

9.  TERMINATION WITHIN THE MINIMUM TERM - You may terminate the Contract without additional fees prior to the expiry of the Minimum Term with immediate effect by providing us with written notice if:

we make changes to the Contract which adversely affect you (please refer to clause 12);

we breach our obligations to you (please refer to clause 13);

you become subject to permanent sickness or physical incapacity (please refer to clause 14); or

you otherwise become entitled to do so under consumer legislation.

10.  TERMINATION ON EXPIRY OF THE MINIMUM TERM - If you have a Fixed Term Contract, it will terminate automatically upon expiry of the Minimum Term.  If you have an Ongoing Contract you may provide written notice of termination at least fourteen (14) days prior to the expiry of the Minimum Term and the Contract will then terminate on expiry of the Minimum Term.

11.  TERMINATION AFTER THE MINIMUM TERM - If you have an Ongoing Contract you may terminate the Contract after the Minimum Term if you provide us with fourteen (14) days written notice.  Any unused Membership Fees after the fourteen (14) day period will be refunded.  However, where either of us terminates the Contract, any unpaid fees will need to be paid by you or we may take action to recover the outstanding payments.  We can refuse you entry to the Club at any time that your membership payments are not up to date.  Any unused Membership Fees will be refunded within 21 days after the Contract has been terminated.

12.  TERMINATION WHEN CHANGES MADE TO TERMS AND CONDITIONS - You are entitled to terminate the Contract with immediate effect at any time by providing us with written notice if:

we make amendments to these Terms and Conditions and you do not continue to use the Club as contemplated by clause 39; or

higher Membership Fees applicable to your membership are introduced.

No fees will be applicable for terminating in accordance with this clause apart from the Membership Fees for the time you have been a member, any additional fees for fitness services already supplied and payment of an Administration Fee of 10% of the minimum membership fee or $75.00 (whichever is less). Any unused Membership Fees will be refunded within 21 days after the Contract has been terminated. 

13.  TERMINATION WHERE WE BREACH OUR OBLIGATIONS - If we are in breach of our obligations under the Contract and we have not remedied that breach within a reasonable time after you have notified us of our breach in writing, you are entitled to terminate the Contract with immediate effect at any time by providing us with written notice. No fees will be applicable for terminating in accordance with this clause apart from, to the extent not impacted by our breach, the Membership Fees for the time you have been a member, any additional fees for fitness services already supplied and payment of an Administration Fee of 10% of the minimum membership fee or $75.00 (whichever is less). Any unused Membership Fees will be refunded within 21 days after the Contract has been terminated. 

14.  TERMINATION FOR MEDICAL REASONS - You may terminate the Contract with immediate effect at any time if:

you provide us with written notice of the termination for medical reasons; and,

you provide us with a medical certificate from a qualified and registered medical practitioner stating that you cannot use the fitness service because of your permanent sickness or physical incapacity.  The medical certificate need not disclose the nature or cause of the illness or physical incapacity, however, the medical certificate must disclose specifically how the symptoms of the illness or physical incapacity prevents you from utilising any of the services or facilities that we are able to provide and for how long the symptoms of the illness or physical incapacity will prevent you from utilising any of the services or facilities that we are able to provide.

In that event, you will only be charged:

the Membership Fees for the time you have been a member and any additional fees for fitness services already supplied; and,

payment of an Administration Fee of 10% of the minimum membership fee or $75.00 (whichever is less).

Your membership will then be terminated with immediate effect from the date you have completed both requirements 14(a) and 14(b). Any unused Membership Fees will be refunded within 21 days after the Contract has been terminated. 

15.  TERMINATION FOR ANY REASON (other than Clauses 4, 9, 10, 11, 12, 13 and 14) - You may terminate the Contract with immediate effect at any time by providing us with written notice without cause. However, in that event, unless we are in breach of our obligations under the Contract, you will be charged the Membership Fees for the time you were a member, a Departure Fee referable to the remaining balance of the total minimum membership fee and any other fees payable for any further fitness services already supplied.  Any fees owing as at the date of termination request (including the membership fees for the time you were a member, the Departure Fee, any other fees payable for any further fitness services already supplied, outstanding amounts owing including fees owed to our direct debit service provider), must be paid to the Club in a one off payment as full and final settlement.  The total minimum membership fee amount is written on the front of this contract.  Subject to Clause 16, if you transfer your membership to someone who is not a member, only the Departure Fee will be waived.

16.  TRANSFER OF MEMBERHSIP BY THE MEMBER – Transfers are for members who do not want to continue their membership and have another person willing to take over all aspects of the membership.  Only members on a direct debit membership may transfer their membership to another non-member.  A member may transfer their direct debit membership to a non-member for a transfer fee of $50.00 payable to the Club.  Memberships cannot be transferred to existing members of the Club or any person who has been a member of the Club within the previous 3 months.  Only the remaining time left on the membership will be transferred regardless of whether the original member has used the facility.  The membership fee charged to the transferee will be at the current membership fee for a male or female or child (as applicable) at the date of transfer.  The existing member must not use the Club’s logo or images in any advertising or promotion of the membership transfer.  The existing member must advise the non-member willing to take over the membership that the non-member will be subject to an interview by Us first and approval of the transfer application is at Our sole discretion.  Members are not permitted to sell their memberships to non-members.  All membership applications must be approved by Us first.

17.  TERMINATION OF YOUR CONTRACT BY US – We reserve the right to terminate your Membership Contract should you fail to pay four (4) consecutive weekly payments or two (2) consecutive fortnightly payments and we have exhausted all reasonable endeavours to contact you to arrange repayment of your outstanding membership fees.  In that event, unless we are in breach of our obligations under the Contract, you will be charged the

Membership Fees for the time you were a member, a Departure Fee referable to the remaining balance of the total minimum membership fee and any other fees payable for any further fitness services already supplied and your membership may be forwarded to a collection agency for further action.  Any fees owing as at the date of termination must be paid to the Club in a one off payment as full and final settlement.

18.  CLUB RULES – You must comply with the Rules.  You must ensure you read, understand and abide by the Rules which are notified to you through signage, hand-outs or our website.

19.  RIGHT OF EXCLUSION - We can refuse entry to the Club, cancel your membership and/or terminate the Contract without warning or notice for inappropriate threatening or harassing behaviour, damaging equipment or facilities, use of illegal or performance enhancing drugs in the Club, failure to abide by the Rules of the Club or action upon a complaint by either a club member or an employee (or contractor) of the Club.

20.  PAYMENT OF FEES - Direct Debit Service Provider: You acknowledge that, if you choose the periodic billing option, payment will be made in advance via the direct debit service provided by Ezidebit (“Direct Debit Service Provider”).  You acknowledge that you have been provided with a copy of the Direct Debit Service Provider terms and conditions.  You acknowledge that the Direct Debit Service Provider may amend those terms and conditions from time to time by giving 30 days notice by communicating an updated version on the Direct Debit Service Provider website, being www.quickpay.net.au.  You may contact the Direct Debit Service Provider on 1800 426 981

Payment: All Membership Fees may be recovered from your nominated credit/debit account (as provided from time to time).  Any bank fees charged to us because of a rejection when collecting your due membership fees may be charged directly to you by us or the Direct Debit Service Provider.  If a Membership Fee payment remains outstanding, you agree that, unless we are in breach of our obligations under the Contract, we or the Direct Debit Service Provider may continue to debit the nominated credit/debit account for the total amount due without notice to you. 

Direct Debit Service Provider Fees: Membership Fees may include a fee payable for the service provided by the Direct Debit Service Provider.

21.  CREDIT/DEBT REPORTING AGENCIES – 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 us or the Direct Debit Service Provider, you authorise us or the Direct Debit Service Provider to notify any debt collection/credit reporting agency of the default.  Should this occur, then at our or the Direct Debit Service  Provider’s sole discretion, the Agreement may be terminated 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.  You authorise us and/or the Direct Debit Service Provider to add to the outstanding debt a fee of $50 and an amount equivalent to 25% of the full outstanding balance (being the Direct Debit Service Provider’s expenses reasonably incurred in collecting the debt) upon initial referral to the debt collection/credit reporting agency.

22.  MEMBERSHIP FEE INCREASE - If you have an Ongoing Contract or a Periodic Agreement then, subject to your rights in clause 12, we reserve the right at any time after the Minimum Term of the Contract, to increase the Membership Fees to be charged.  If we increase Membership Fees we will provide at least two weeks prior notice of the increase by post or email to the addresses provided by you in the Membership Application. If you wish to terminate this Agreement as a result of the increase in the instalment amount, you must notify us in writing within 14 days of the date of the written notice sent by us.   The Agreement will be terminated upon receipt of this notice.  If you do not notify us of your intention to terminate this Agreement within such specified period, then this Agreement will remain in force and the increase in the instalment amount will be deemed to be accepted by you and you authorise us to increase any direct debits to your credit card or bank account which you have authorised upon joining.  We will not use this right to vary the terms on any special offer which applies to you. 

23.  SUSPENSION - Membership suspension is available provided that all amounts payable for your membership are paid up to date. You can suspend your membership for travel, medical or other reasons permitted by the Rules upon provision of satisfactory supporting documentation. All suspensions must be applied for in writing to us at least fourteen (14) days prior to the commencement of the suspension period. Debit payments will only be suspended for the direct debits that fall within the suspension period.  You cannot suspend your membership during any notice period.

24.  NOTICE – any Notice that you are required to give to us as outlined in the Application and Contract must be provided to us in writing via email to admin@fit360training.com.au  or post to PRAMA Australia Pty Ltd T/As FIT360 Interactive Fitness, PO Box 440, Edge Hill, Qld, 4870. The date of notice is deemed to be the date the written notice is physically received by us.  Please ensure you retain a copy of any Notices you have provided to us as evidence of same.

25. MINIMUM AGE - Membership is limited to persons who are at least 10 years of age unless we have received medical clearance.  If you are under 18, a parent or guardian must co-sign your Agreement and complete your pre-exercise questionnaire and an adult must supervise you when you are using our facilities.  

 

 

27.  HOURS – the staffed hours for the Club are displayed on the Club website or you can contact the Club on 1300 FIT360 or email the Club at admin@FIT360training.com.au.  The Club reserves the right to change the staffed hours at any time and without notice.

28.  DAMAGES/PERSONAL INJURY - Warning: Whilst in the Club you may suffer injuries including broken bones, soft tissue injuries and joint injuries. Any injuries suffered by you may occur as a result of weights striking you, collision with equipment or other members or as a result of you slipping on wet flooring.

Limitation of Liability, Release and Indemnity: We will, unless excused from liability by operation of statute, compensate you for death, personal injury, illness or property damage caused by gross negligence on our part and for loss and damage to your personal property arising from our failure to supply services to you with due care and skill and in a manner fit for the purpose which is reasonable to expect in all the circumstances. In consideration of the grant of membership to you, entitling you to engage in fitness activities, you hereby otherwise:

agree, to the extent permitted by law, to not hold us liable for any actions, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs and expenses however arising that you may have had but for this clause arising from or in connection with your involvement in fitness activities in the Club or using our facilities, services or products;

agree that you will indemnify us to the extent permitted by law in respect of all actions, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs or expenses however arising as a result of or in connection with your involvement in fitness activities in the Club or from using our facilities, services or products.

29.  DIRECT DBIT SERVICE PROVIDER - You acknowledge that the Direct Debit Service Provider is not a party to the Contract and its only role is to provide direct debit services to us.  You may have separate rights against the Direct Debit Service Provider pursuant to the Direct Debt Service Provider terms and conditions.  You otherwise agree not to hold the Direct Debit Service Provider liable for any actions, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs and expenses arising from or in connection with your involvement in fitness activities in the Club or otherwise in connection with the Contract.

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

31.  RESPONSIBILITY FOR DAMAGE – You are solely responsible for any damage which you may cause to the club, its facilities, services, products or equipment, if such damage is caused by your wilful act and/or negligence.

32.  DISCLOSURE OF YOUR PHYSICAL CONDITION – Provision of a safe and effective exercise program is dependent upon accurate health and fitness profiling. You agree to disclose to us all relevant personal health and fitness information both prior to and during engagement in any exercise program, service or facility we provide to you, as a part of your membership. This is inclusive of any health risk assessment, initial and periodic fitness assessment and relevant information or recommendations provided by your medical or allied health practitioner/s. You further warrant and represent that you will not use the Club or any of our facilities, services or products whilst you are suffering from any infections or contagious illness, disease or other ailment or whilst you are suffering from any physical ailment such as open cuts or sores or minor infections where there is a risk, however small, to other members and guests.

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

34.  CONTRACTORS – Contractors may provide services at the Club. Fees for such services are paid directly to the contractors.  We take no responsibility for the fees paid to these contractors. You hereby agree not to hold us liable and you agree to indemnify us and keep us indemnified for any claims suffered by you as a result of an act or omission by a contractor in the Club.

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

36.  INTELLECTUAL PROPERTY – These Terms and Conditions do not give you any intellectual property rights in the Club, or in our facilities, services or products.

37.  PRIVACY STATEMENT AND ACKNOWLEDGMENT – During the process of entering into the Contract with you and during the term of the Contract we will obtain access to certain types of your personal information, such as information relating to your health and financial position.  We will only use and the Direct Debit Service Provider will only use, disclose or deal with such information in accordance with our Privacy Statement.  A full copy of our Privacy Statement is shown on our website –www.fit360traning.com.au

38.  GOVERNING LAW - These Terms and Conditions are governed by, and you agree to submit to, the laws applicable in Queensland.

39.  VARIATION - We may, subject to your rights in clause 12, alter these Terms and Conditions or the Rules at any time upon thirty (30) days written notice. All use of our Club and its facilities, services and products after the date specified in such notice will be subject to such altered Terms and Conditions or Rules. If you continue to use our Club and its facilities, services and products after the date such alterations become effective or otherwise demonstrate by your conduct that you agree to the altered Terms and Conditions or Rules, you will be deemed to have agreed to the altered Terms and Conditions or Rules.

40.  YOUR OBLIGATIONS - You acknowledge that the Consumer Credit Code does not apply to these Terms and Conditions.  If, at any time:

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

you are unable to pay your Membership Fees, including any instalment of Membership Fees, as they fall due for payment;

a cheque received from you is dishonoured;

you are or become bankrupt; or

your Membership Fees are overdue and are not paid in accordance with these Terms and Conditions in circumstances where we have not breached our obligations under the Contract,

you agree that:

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

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

we may terminate the Contract with immediate effect by providing you with written notice;

we may request payment in advance for the remainder of the term of your minimum membership; and

we have no obligation to respond to any offer you make to extend or renew your membership while a notifiable event exists.

41. OPERATING HOURS - The Club's operating hours are available upon request at the Club, visiting www.fit360training.com.au or by calling 1300 FIT360.

42. COMPLAINTS & FEEDBACK – We will endeavour at all times to assist you with any concerns you may have.  The initial complaint is always directed immediately to Management whose role it is to contact you within a week (where possible) via phone or email to discuss or resolve. Should you feel that it has not been resolved effectively, then it may be escalated to the Owner who will in turn contact you by phone or email.


43. 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.

44. CLAIMS – We may sometimes close all or part of the Club for nt or renovation or events or public holidays.  If we close it for these reasons for more than two (2) consecutive days, you may suspend your membership while the Club is closed and no suspension fees will be charged to you.  You cannot ask us to reduce your membership fees because the Club is closed for such reasons.  If we do not fulfil our obligations to you, you may be able to terminate your Contract (see Clause 13).

45.  SEVERABILITY - If any part of this Contract is or becomes illegal, void or unenforceable, this does not invalidate the rest of this Contract. 



PART B - RULES OF THE CLUB


MEMBERSHIPS – Memberships are to be used only by the owner of the gym membership account.  Membership are not to be or shared with other persons.  Any members found to be bringing in a friend without authorisation will be fined $150 and their membership will be terminated.

STORAGE – Shelving is provided for use whilst exercising and will be cleared daily. Please be advised that the shelving provided is not secured and therefore we request all valuable items are carried. Property in shelving is stored at your own risk. The Club shall not be liable for any loss, theft or damage of such property stored in shelving.  If your belongings are left in Club shelving, they may be removed and we will take no responsibility for loss or damage. Please note: all lost property and shelving belongings will be disposed of on a weekly 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.  It is also paramount that personal hygiene is considered when visiting PRAMA Australia Pty Ltd T/As FIT360 Interactive Fitness, 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.

VEHICLES - vehicles and their contents, parked in the Club car park or elsewhere on the premises of the Club are left at the owners risk and we will accept no liability for loss or damage.

BEHAVIOUR - inappropriate threatening or harassing behaviour, damaging equipment or facilities or use of illegal or performance enhancing drugs in the Club will not be tolerated. 

ADDITIONAL SERVICES - We offer additional services such as Personal Training. These services do not form part of the Contract and will incur separate fees and have separate agreements. Personal training sessions are to be conducted by authorized Club trainers only.

EACH VISIT - Access to the Club will only be granted to you upon presentation of your access card and (if requested) photo identification. If you lose your access card, 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 PRAMA Australia Pty Ltd T/As FIT360 Interactive Fitness" 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 PRAMA Australia Pty Ltd T/As FIT360 Interactive Fitness 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 the Club.

CHILDREN – Children are welcome during children’s classes or Mum and Bubs classes. You must at all times supervise your child and you must at all times remain on the premises whilst your child is on the premises.  Children are at the sole risk and responsibility of their parent or guardian.

 

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 PRAMA Australia Pty Ltd T/As FIT360 Interactive Fitness 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 weekly / fortnightly / Club dues as defined in your Membership Application and Contract.

Drawing arrangements

Weekly / fortnightly / drawings under the Direct Debit arrangement will occur on the relevant cycle as stipulated in you Direct Debit 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 the 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 the 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 the Club 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.

Your commitment to us

It is your responsibility to ensure that:

Your nominated account can accept direct debits (your financial institution can confirm this); and

That on the drawing date (and for 5 subsequent days) there is sufficient cleared funds in the nominated account; and

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). PRAMA Australia Pty Ltd T/As FIT360 Interactive Fitness 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.fit360training.com.au or can be sent to you on request in writing to admin@fit360training.com.au.