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:
AGE OF MEMBER
ACCESS TO FIT360 FACILITIES
DISCLOSURE OF MEDICAL CONDITION/S
END OF MEMBERSHIP
ACKNOWLEDGEMENT OF RISK
RELEASE AND INDEMNITY
"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.