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.
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 email@example.com. 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.
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
THE MEMBER COVENANTS AND AGREES WITH THE FOLLOWING TERMS AND CONDITIONS:
- These Terms & Conditions constitute a legally binding agreement between the Member and Fit360 on and from the date signed by the Member and accepted by Fit360.
- If these Terms & Conditions are inconsistent with anything the Member was told in person or over the phone, these Terms & Conditions will prevail unless written confirmation is provided by Fit360.
- The Member must advise Fit360 of any changes to their contact details as soon as possible.
- In consideration of the Member paying the Membership Fee and complying with these Terms & Conditions, Fit360 grants to the Member use of the Fit360 Facilities during opening hours for the Membership Period ("Membership").
- At the end of the initial Membership Period the Member can elect to renew the Membership for a further Membership Period by prior written notice to Fit360. If the Member does not renew the Membership, but continues to pay a Membership Fee and use the Fit 360 Facilities, their Membership will hold over on a monthly basis at the then current Membership Fee rates and terms and conditions except that the Membership may be terminated by 4 weeks written notice.
- The Member's Membership is non-transferable unless Fit360's written approval is obtained. In such case, a transfer fee may apply.
AGE OF MEMBER
- At the time of participating in the Workout Experience, the Member must be at least five (5) years old. If the Member is between the ages of five (5) and eighteen (18), then, either the Member must be accompanied by a parent or guardian, or the Member’s parent or guardian consents to the Member using the Fit360 Facilities and/or participating in a Workout Experience.
- By personally executing these Terms & Conditions, the Member warrants that he or she is at least eighteen (18) years of age.
- Where these Terms & Conditions are executed by a parent, guardian or other person for and on behalf of the Member, the person so executing warrants that he or she has authority to do so and that such parent, guardian or other person agrees to indemnify Fit360 in terms of the indemnity contained in these Terms & Conditions.
- All members between the ages of five (5) and eighteen (18) must undertake an induction prior to using the Fit360 Facilities and/or participating in a Workout Experience.
ACCESS TO FIT360 FACILITIES
- Upon obtaining a Membership, Fit360 will provide the Member with a log in to the MINDBODY app ("Membership ID") for the purpose of booking classes, accessing and using the Fit360 Facilities during the Membership Period.
- The Member must:
- Check in on the MINDBODY app at reception every time they attend the Fit360 Facilities; and
- not give their membership ID to non-members to allow them access to the Fit360 Facilities.
- The Member agrees to pay the Membership Fee weekly, fortnightly or monthly (as selected on page 1 or if no selection has been made, weekly) to Fit360 via Ezi Debit and agrees to be bound by all applicable terms and conditions of Ezi Debit. The Member acknowledges that copies of the Ezi Debit terms and conditions were made available to the Member and are available upon request.
- If the Member does not fully pay the Membership Fee on the due date, Fit360 may suspend or terminate the Member's access to the Fit360 Facilities until the Members payment is up to date.
- Fit360 reserves the right to increase the fees payable by the Member at any time after the initial Membership Period has ended. Fit360 will make a reasonable effort to notify the Member by prior written notice to the post or email address the Member last provided.
- The Member acknowledges and agrees that:
- the Member’s obligations under these Terms & Conditions are not affected by a change in the ownership of the Fit360 Facilities, or a change in the name of the Fit360 Facilities;
- Fit360 purchases or leases the equipment which forms part of the Fit360 Facilities from third parties and therefore does not manufacture any of the fitness or other equipment used in the Fit360 Facilities;
- Fit360 is providing recreational services and will not be held liable for defective products or equipment.
- The Member agrees to abide by the rules of Fit360 at all times when using the Fit360 Facilities and/or participating in the Workout Experience including, without limitation, any rules displayed at the Fit360 Facilities, and the following:
- The Member must not engage in any behaviour whether risky, inappropriate, skylarking, reckless, foolish or otherwise, likely to cause injury to themselves, others, employees or agents of Fit360 or any other person whatsoever.
- The Member must not threaten or harass others, be abusive, damage equipment, use illegal or performance-enhancing drugs, or instruct other members when Fit360 has not authorised the Member to do so.
- The Member must not engage in any other behaviour which Fit360 deems in its absolute discretion is to be unacceptable.
- Any Member injured, or observing another Member of the Workout Experience to be injured, shall immediately notify Fit360 of the incident.
- The Member must:
- Wear appropriate attire;
- Wear enclosed sports shoes (except for in bathrooms);
- Not wear clothes with offensive images or inappropriate advertising.
- Use a clean towel when the Members uses equipment;
- Put equipment away after use;
- Not smoke or chew gum or bring or eat food in the Fit360 Facilities;
- Not enter a Workout Experience class more than 5 minutes after it starts;
- Keep to set time limits, if any;
- Keep phone calls to an absolute minimum;
- Not use a camera in the Fit360 Facilities without the written permission of Fit360.
- The Member must use the Fit360 Facilities correctly, including adjusting levels or settings. If the Member is not sure how to operate any equipment, please ask Fit360 staff before using it. The Member will be responsible for any damage that the Member causes through a wilful act or negligence.
- The Member must follow the directives of Fit360 staff at all times.
- Fit360 provide lockers the Member can use while using the Fit360 Facilities and/or participating in the Workout Experience but these are not security lockers. Membership Cards must be kept with the Member and valuables should not be bought into the Fit360 Facilities. Fit360 is not liable for any loss or damage.
- Members may park in or near the Fit360 Facilities but do so at the Members own risk. Fit360 is not liable for any loss or damage to the Member's vehicle or its contents.
- Fit360 reserves the right to remove, exclude, suspend or terminate with or without warning any Member who engages in unacceptable conduct, or is unable or refuses to comply with these rules of Workout Experience, or is under the influence of alcohol or drugs, or is unable or unwilling to comply with instructions given by Fit360, or lacking suitable equipment or having an inadequate level or fitness, physical ability or experience, or in any way causing concern for the safety of others. If the Member is removed, excluded, suspended or terminated, the Member must follow that direction and will not be entitled to any refund, compensation or damages.
DISCLOSURE OF MEDICAL CONDITION/S
- It is a condition of Membership that full and frank disclosure of any medical condition and/or disability is given by the Member prior to using the Fit360 Facilities and/or participating in a Workout Experience.
- At the time of signing these Terms & Conditions, and on and ongoing basis, the Member warrants that:
- The Member is in good physical condition;
- To the best of the Member's knowledge, the Member does not have any physical, medical or other disability or condition which may be affected or aggravated by, or which may result in any sickness, injury or death to the Member as a result of, the Member's use of the Fit360 Facilities and/or participation in a Workout Experience;
- The Member knows of no medical or other reason why the Member cannot use the Fit360 Facilities and/or participate in a Workout Experience.
- The Member acknowledges that Fit360 staff and contractors are not medically trained and are not qualified to assess if the Member is in good physical condition and can exercise without risking the Member's health, safety or comfort. If the Member has any doubts, Fit360 strongly urges the Member to seek expert advice before starting any exercise.
- If the Member has a medical condition and/or disability, Fit360 may choose to refuse the Member Membership until:
- the Member's doctor agrees in writing that the Member is fit to exercise; or
- the Member provides proof that the Member has received medical advice on an appropriate exercise program.
- The Member must not use the Fit360 Facilities if:
- the Member has an infection, a contagious illness or a physical ailment, such as an open cut or sore;
- there is any other risk, however small, to other members and Fit360 staff.
- It is the Member's responsibility not to use any equipment which may adversely affect any physical or medical condition.
- The Member consents to medical treatment or assistance being sought or given if considered necessary by Fit360.
END OF MEMBERSHIP
- Unless otherwise terminated in accordance with these Terms & Conditions, the Member's Membership will end that the expiry of the initial or, if applicable, renewed Membership Period.
- The Member's membership may be terminated:
- By either party by notice to the other in accordance with clause 6);
- By Fit360:
- Immediately in accordance with clause 18)j) effective on the date of Fit360's notice;
- Immediately on the basis of:
- concern for the health and/or safety of the member;
- non-compliance, improper or harmful conduct engaged in by the Member; or
- if the Member fails to pay the Membership Fee or any part of it by the due date;
- By the Member on the following basis:
- The Member provides a written request for termination to Fit360 setting out the reasons for the request;
- If the request is for the reason of permanent sickness or physical incapacity which prevents the Member from exercising:
- the Member's request must be accompanied by a medical certificate evidencing such permanent sickness or physical incapacity;
- the termination will be effective upon Fit360 confirming their acceptance of the reasons at their discretion; and
- There will be a refund of a portion of the Membership Fees representing the remaining time on the Membership Period.
- If the request is for reasons other than permanent sickness or physical incapacity:
- the termination will be effective 4 weeks after the date Fit360 acknowledges receipt of the Member's request; and
- Fit360 will determine in its absolute discretion whether there will be any refund of a portion of the Membership Fees representing the remaining time on the Membership Period or otherwise.
- For the avoidance of doubt, the Member is liable for all financial and other obligations up to and including the date of termination.
- Upon termination of the Membership, the Member will cease to have access to the Fit360 Facilities.
- Termination or expiration of Membership shall be without prejudice to the rights of each party against the other in respect of anything done or omitted under these Terms & Conditions prior to such termination or expiration.
- If termination of the Membership by the Member is before the initial Membership Period, the Member is financially liable for 50% of the remaining fee payment of that Membership Period.
- The termination will be effective immediately after payment of any financial obligations pertaining to the Membership, from the date FIT360 acknowledges receipt of the payment.
- The Member’s Membership may be suspended once per twenty six week period, for a period no longer than four weeks in a consecutive duration at no cost to the Member
- If Member provides evidence of medical injury, the Membership can be suspended for the length of the documented recovery time
ACKNOWLEDGEMENT OF RISK
- The Member acknowledges and agrees that they have been fully briefed as to the risks of participating in the Workout Experience and that the Workout Experience is an instructed class. The Member consents to participating in the Workout Experience.
- The Member acknowledges that whilst the Member is in and/or using the Fit360 Facilities and/or participating in a Workout Experience, the Member is at risk of suffering physical harm or personal injury including broken bones, soft tissue injuries, joint injuries, permanent disability or death. These injuries may occur from the Member:
- slipping on flooring;
- jumping or punching awkwardly;
- colliding with equipment, or other members;
- engaging in vigorous exercise and activities; or
- incorrect use of equipment or participation in the Workout Experience.
- The Member acknowledges that any such injury may result not only from the Member actions but from the action, omission or negligence of others.
- The Member acknowledges and agrees that the above mentioned injuries and potential causes of injuries are not exhaustive, and there are other unknown or anticipated risks that may result in injury, illness or death.
- The Member acknowledges that whilst every attempt is made to ensure that the Fit360 Facilities are safe, there are some significant and inherent risks involved, and the Member agrees that the Member is participating voluntarily at their own risk and responsibility, thereby exposing the Member to certain risks.
RELEASE AND INDEMNITY
- As required under the Competition and Consumer Act 2010 (Cth) Fit360 guarantees that the services it supplies to the Member are:
- rendered with due care and skill;
- fit for any purpose the Member has told Fit360 the Member is acquiring the services for; and
- supplied within a reasonable time.
- To the extent permitted by law, the Member releases, discharges, waives and forever holds harmless Fit360 from All Claims for Any Loss sustained by the Member whether caused by Fit360’s negligence act or wilful act or omission, breach of contract, breach of statutory duty or otherwise in connection with the Fit360 Facilities and the Workout Experience.
- If any warranties or conditions which cannot be excluded by law and are implied under the laws of any State or Territory or any similar law, Fit360's liability for a breach of any such warranties or conditions is limited, to the maximum extent permitted by law, to the supplying of services again, or the payment of the cost of having the services supplied again.
- The Member indemnifies Fit360 against All Claims for Any Loss sustained by the Member or Fit360 whether caused by Fit360's negligent act or wilful act or omission, breach of contract, breach of statutory duty of otherwise in connection with the Fit360 Facilities or the Workout Experience.
- The Member agrees that these Terms & Conditions may be pleaded as a bar to any action, suit or proceedings taken at any time by the Member against Fit360 arising out of or as a consequence of the Workout Experience or any incidental activities.
- Fit360 may sometimes add to, change or remove these Terms & Conditions. Fit360 will give the Member at least 28 days notice of any changes, for instance by publishing them on Fit360's website, placing a notice in the Fit360 Facilities, phoning the Member or writing to the address (post or email) the Member last provided.
- No waiver by a party of a provision of these Terms & Conditions is binding unless made in writing.
- If a provision of these Terms & Conditions is void or unenforceable it must be severed from these Terms & Conditions and the provisions that are not void or unenforceable are unaffected by the severance.
- These Terms & Conditions bind the heirs, administrators, executors, personal representatives, dependants (if any) and the successors of the Member and ensures for the benefit of Fit360 and its successors and assigns.
- Words defined in the Schedule carry the same meaning in these Terms & Conditions.
- In these Terms & Conditions unless inconsistent with the context or subject matter:
"All Claims" means all claims, actions, suits, demands, damages, negligence, interest and costs arising out of or as a consequence of the Fit360 Facilities or the Workout Experience, including any incidental activity;
"Any Loss" means any loss, damage or injury to a person (including the Member) or property including but not limited to any damage or injury occasioned to a Member whatsoever including without limitation as a result of a Member using the Fit360 Facilities and/or participating in the Workout Experience whether caused by negligence, accident, another member, flora or fauna or however otherwise caused;
"Fit360" means Prama Australia Pty Ltd ACN 612 338 922 trading as Fit360 Interactive Training and its agencies, suppliers, distributors, servants, employees, agents, representatives, directors, and officers;
"Fit360 Facilities" means Fit360's business premises and includes the care park, the building, the reception, storage and bathroom facilities and all equipment available for use as part of the Workout Experience;
"Membership Period" means the period set out in the Schedule, any renewed period and any period of holding over in accordance with clause 6);
"Workout Experience" means the PRAMA high-tech, immersive workout experience that uses pressure-sensitive walls and floors with integrated LED lighting and sound with each workout session conducted as a class.
- In this Agreement unless inconsistent with the context or subject matter:
- A reference to a person includes any other legal entity and vice versa;
- Words importing the singular number include the plural number and vice versa;
- The masculine gender must be read as also importing the feminine or neuter gender;
- A reference to a party includes the party's heirs, executors, successors and permitted assigns;
- Clause headings are for reference purposes only and must not be used in interpretation;
- Where any word or phrase is given a defined meaning any other part of speech or other grammatical form concerning the word or phrase has a corresponding meaning;
- A reference to a statute includes all regulations and subordinate legislation and amendments;
- A reference to a monetary amount is a reference to an Australian currency amount;
- References to time are to local time in Queensland;
- A reference to a business day means any day on which trading banks are open for business in Cairns, Queensland.