THIS IS AN IMPORTANT DOCUMENT – PLEASE ENSURE YOU READ IT CAREFULLY
THIS IS PART OF YOUR CONTRACT
- Contract Rectification
We have seven (7) days after the formation of the Contract to rectify any error or miscalculation in the Contract.
- Cooling Off Period
After applying for membership, you have a 48 hour period (“Cooling Off Period”) during which you may cancel your membership. Notice must be given in writing to the Fitness Business. A refund equal to the Membership Fee and any additional amounts paid minus the Administration Fee and the cost of any fitness services or introductory gift pack, already supplied, will be applicable.
If you terminate your Contract after the Cooling Off Period, different conditions will apply. The following termination clauses outline your right to terminate the Contract and any fees payable in such circumstances.
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 breach our obligations to you (please refer to clause 7);
- you become subject to medical incapacity (please refer to clause 8); or
- you otherwise become entitled to do so under consumer legislation.
You may terminate a fixed term or ongoing Contract at any time by providing thirty (30) days notice in writing to the Fitness Business.
You will continue to have access to the gym for the full 30 days of your notice to terminate.
If you have a Fixed Term Contract, it will terminate automatically upon expiry of the Minimum Term.
If you provide 30 days notice of cancellation of a Fixed Term Contract, any unused Membership Fees after the 30 day period will be refunded to you in full.
Any unpaid fees, including all fees payable up to and including the date of termination must be paid by you to the Fitness Business. We reserve the right to take action against you, including commencing legal proceedings, to recover any monies due under the Contract.
- Termination when Membership Fee Increases
You are entitled to terminate the Contract with immediate effect at any time by providing the Fitness Business with written notice if higher Membership Fees applicable to your membership are introduced.
If the Contract is terminated under this clause, Membership Fees for the time you have been a member and any additional fees for fitness services already supplied are due and payable to the Fitness Business.
- Termination where we Breach our Obligations
If we are in breach of our obligations under the Contract you must provide us with written notification of the breach. If we fail to remedy that breach within a reasonable time after receiving the notice you may terminate the Contract immediately by providing us with written notice of the termination. It is up to the discretion of the Fitness Business whether reasonable time has been provided for us to remedy the breach.
No fees will be applicable for cancelling in accordance with this clause apart from, to the extent not impacted by our breach, the Administration Fee, Membership Fees for the time you have been a member and any additional fees for fitness services already supplied.
- Termination for Medical Reasons
You may terminate the Contract with immediate effect at any time by providing us with written notice accompanied by supporting documentation to our reasonable satisfaction to demonstrate medical incapacity. In that event, you will be charged the Administration Fee, Membership Fees for the time you have been a member and any additional fees for fitness services already supplied.
- Services We Provide
We will provide the following services as part of the Fitness Business:
- A Women only Gym comprising a number of hydraulic exercise machines , cardio machines, static exercise machines and personal training services
- Assistance with weight loss and fitness programs.
- Additional special interest fitness programs and games that may be introduced from time to time.
- Fitness Business Rules
You must ensure you read, understand and abide by the Rules which are notified to you through signage, hand-outs or our website.
- Right of Exclusion
We can refuse entry to the Fitness Business, cancel your membership and/or terminate the Contract:
(a) without warning or notice for inappropriate threatening or harassing behaviour, damaging equipment or facilities or use of illegal or performance enhancing drugs in the Fitness Business; or
(b) if you continue to be in breach of the Contract and/or the Rules upon us providing you with notice of your breach and you fail to rectify the breach within a reasonable period of time. In the case of non-payment of Membership Fees or any other monies payable, the notice period shall be seven (7) days.
- 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.ezidebit.com.au. You may contact the Direct Debit Service Provider on 1300 763 256 or by e-mail firstname.lastname@example.org.
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.
- Membership Fee Increase
If you have an Ongoing Contract then, subject to your rights in clause 7, 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 fourteen (14) days notice of the increase by post or email to the addresses provided by you in the Membership Application. Following such notice, unless we receive written notice from you terminating the Contract in accordance with clause 6, you are taken to have authorised 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.
Membership suspension of thirty (30) days 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.
- Damages/Personal Injury
Whilst in the Fitness Business 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 indemnify you, unless excused from liability by operation of statute, for death, personal injury, illness or property damage to the extent caused by our gross negligence..
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 have or may have arising from or in connection with your involvement in fitness activities in the Fitness Business 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 Fitness Business or from using our facilities, services or products.
Direct Debit 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 Fitness Business or otherwise in connection with the Contract.
- 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, and agree to be guided in the correct usage of machines on an on going basis by our circuit trainers.
Failure to comply with such instructions may result in the termination of your membership including relevant costs.
- Responsibility for Damage
You are solely responsible for any damage which you may cause to the Fitness Business, its facilities, services, products or equipment, if such damage is caused by your wilful act and/or negligence.
You agree to pay the Fitness Business all charges and costs including but not limited to the cost of repairing or replacing equipment, products or facilities and legal costs in pursuing the payment of monies under this clause.
- 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 Fitness Business 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.
- 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.
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.
- Intellectual Property
These Terms and Conditions do not give you any intellectual property rights in the Fitness Business, or in our facilities, services or products.
- Privacy Statement and Acknowledgement
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.
- Governing Law
These Terms and Conditions are governed by, and you agree to submit to, the laws and Courts of Western Australia.
We may, subject to your rights in clause 7, alter these Terms and Conditions or the Rules at any time upon thirty (30) days written notice. All use of our Fitness Business 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 Fitness Business 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.
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,
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 membership; and
- we have no obligation to respond to any offer you make to extend or renew your membership while a notifiable event exists.
If any part of this Contract is or becomes illegal, void or unenforceable, this does not invalidate the rest of this Contract.
All legal costs (on a full indemnity basis), charges, duties and other expenses incurred by the Fitness Business incurred as a result of you failing to perform or comply with your obligations under the Contract and/or the Rules shall be paid by you to the Fitness Business. The expenses include, but are not limited to the commission payable to a mercantile agent or a debt collector to pursue or recover outstanding monies owed under the Contract and the liability to pay this commission arises at the time the recovery is placed in the hands of the debt collector.
WARWICK WOMEN’S WORKOUT
Warwick Women’s Workout is a trading name of Churches of Christ Sport and Recreation Association Inc
Cnr Warwick and Wanneroo Rds, WARWICK WA 6024
Warwick Women’s Workout is a trading name of the Warwick Stadium owned and operated by The Churches of Christ Sport and Recreation Association Inc., and conditions of entry and usage of the facility are therefore universal throughout the Centre.
For your personal comfort and protection, please apply some simple Gym etiquette:
- Always exercise with a towel and wipe down as you leave a machine.
- Wear clothing appropriate for a workout.
- Wear closed shoes for protection of your feet and ankles.
We believe in the Christian maxim of “Treating other people the way we like to be treated ourselves”. We will therefore not tolerate:
- any aggressive behaviour or language, any bullying.
- Any discriminatory behaviour or language of any kind related to age, race, creed, body shape or anything else which objectifies or diminishes the humanity of another.
3. The Circuit Trainers are all qualified and will, from time to time, ask you to change how you are using a machines or machines. They do so in your interest, to prevent you from incurring an injury, and you need to comply as far as physically possible. If not possible, talk to them about an alternative way to use the machine safely.
4. You may not bring alcohol or illicit substances into the Gym and you may not enter the Gym in a drugged or alcoholic state.
5. You may not promote third party services or products without prior written approval of Centre management.
6. Teenage girls, until the age of 18, may be signed as an adjunct to your membership at a membership rate to be determined. They may only attend with you, and be under your general control. On their 18th Birthday, they must become members in their own right to continue to use the Circuit, at either the ruling full or concessional rate at the time. They will not pay a joining fee.