Direct Debit and Pay In Advance Membership
Terms, Conditions & Liability Release
Membership Terms and Conditions and Liability Release
In this agreement the following terms apply:
a. “Agreement” means the Membership Agreement between you and Workout 24/7 Pty Ltd.
b. “Club” means any of the facilities owned and operated by Workout 24/7 Pty Ltd. These include (1) Workout 24/7 Health Club, 657 Deception Bay Road, Deception Bay, Qld 4508 and;
(2) Workout 24/7 Health Club, 9 Discovery Drive, North Lakes, Qld 4509.
c. “Workout 24/7” means Workout 24/7 Pty Ltd ABN: 54 146 898 017.
d. “You” means the person described in the agreement applying for a Workout 24/7 membership.
e. “Member” is any person with an active Membership Agreement with Workout 24/7 including You.
f. "Ezidebit" means the third party direct debit server provider used by Workout 24/7 pty ltd.
LEGALLY BINDING AGREEMENT
Workout 24/7 Health Clubs do not force members to involuntarily remain members by the use of minimum term membership contract.
However by accepting membership to the Club you must agree that the terms and conditions of this agreement are legally binding regardless of frequency of use or membership type. You must agree to all of the terms and conditions outlined in this document.
GENERAL CONDITIONS OF ENTRY
Members may only use the Club facilities in accordance with the Agreement and any restrictions agreed to must be adhered to. Access and usage limitations due to age, mental or physical disability must be followed or you may be deemed in breach of the Agreement.
To ensure the Club is able to able to provide a high level of service in a safe, healthy and pleasant environment for all, you must comply with the following conditions:
a. You will be refused entry or asked to leave the Club if you:
i. use offensive or abusive language or behave in a threatening manor.
ii. are under the influence of drugs or alcohol.
b. Smoking is not permitted within the Club.
c. Sweat towels must be place on all equipment during use and cleaning stations used when required.
d. Appropriate exercise attire must be worn in the club at all times- no work clothes, jeans, boots, sandals, thongs or clothing that is likely to cause offence to others is permitted.
e. All weights must be removed from exercise equipment and returned to racks after use.
f. All equipment eg. dumbbells, fit-balls, mats etc must be returned to it proper place after use.
MEMBERSHIP GENERAL INFORMATION
Membership "On Hold".
Both PIA memberships and Direct Debit memberships may be placed on hold in the event you may need time away for personal reasons eg holidays, illness, etc. If you are a Direct Debit Member no fees will be taken from your account during this time. If you are a PIA Member your membership will be extended by the requested amount of hold time. An application must be made in writing on the supplied Membership Hold Form and delivered to management at least 2 days before the Membership Hold is to commence. A Membership Hold request must be for no less than 2 weeks and not more that 4 weeks. Each Member is entitled to a maximum total Membership Hold time of 4 weeks per calendar year. Access to the Club during this time will be denied and the 24/7 access token disabled.
PIA Membership Transfers
PIA Members may transfer their remaining membership time to another member / non-member at no charge. A transfer request is available from the Club and the incoming member must agree to all of the terms and conditions outlined in the Agreement and attend an orientation session.
CLUB SECURITY – VIDEO SURVEILLANCE
For security purposes, the Clubs use video surveillance equipment to monitor the premises and surrounds 24 hours of every day. By signing this Agreement you accept that you will be subject to video surveillance and recording. Video surveillance is limited to the building entry, exercise areas and reception areas only. It is not within the toilets / change rooms or client screening areas.
24 HOUR / 7 DAY ACCESS
Only Club members are allowed 24/7 access to the facilities. Non-members may only enter the Club during Staffed Hours and are not permitted at any other times. Any Member who allows a non-member entry to the Club must acknowledge:
a. They accept full responsibility and liability on their personal behalf for and injury, loss or damage attributed to the non-member.
b. Their Membership may be cancelled and / or a $250.00 non-compliance fee may be charged to the Member’s nominated bank account.
c. CCTV footage is regularly viewed for Club Terms and Conditions Member compliance.
Members of the Club must be at least 14 years of age. Members who are under the age of 16 years must comply with the following conditions:
a. Unaccompanied access will only be permitted during Staffed Hours – a 24 / 7 access token will not be issued until the member's 16th birthday. However the member is permitted access at any time if accompanied by a parent or guardian who is an active Club member.
b. Must comply with staff members directions at all times. Member safety is always our first priority and activities deemed dangerous must cease if directed to do so.
c. Have a Parent / Guardian Permission form completed by an eligible person at the time of joining.
Membership applicants aged 16 years but less than 18 years may require a Parent / Guardian Permission form to be presented at the staff members discretion.
It is a condition of this agreement that you participate in the Club Orientation prior to receiving 24/7 access to the Club.
This will acquaint you with things such as entry procedures, club layout, emergency procedures, conditions of entry, fire and first aid items etc.
24/7 ACCESS TOKEN TERMS AND CONDITIONS
Your 24 / 7 access token MUST be swiped on the entry control panel every time you enter the Club regardless of whether the door is locked or unlocked (even when staff are present). In the event you have lost or misplaced your 24 / 7 access token, you must not gain access to the Club during un-staffed hours. To enter by use of another member’s 24 / 7 access token or with another Member is a breach of the Agreement by both Members. If you cannot find the missing access token it must be reporter to Club staff as it must be deactivated to avoid a breach of security. To continue to access to Club during un-staffed hours you will need to purchase another 24 / 7 access token.
CHANGE OF PERSONAL DETAILS
It is a condition of membership that you advise management of any change of details requested in the membership application by using the Change Of Details form provided by the Club.
Upon entering this Agreement you must declare that you are in good physical condition and have no medical reason why you should not take part in regular physical activity by using the equipment at the Club. If you have any health or medical concerns you must consult with, and take advice from, your doctor. You must declare these medical concerns on your pre-exercise questionnaire and if requested by Club staff, provide a medical clearance certificate from your doctor.
MEMBERSHIP FEE PAYMENTS AND DEFAULTED FEE PAYMENTS
You agree to pay the fees and charges outlined in the Agreement and are bound by the direct debit terms and conditions as described in the Agreement.
It is your responsibility to ensure cleared funds are available on the due dates of direct debit payments. In the event that a fortnightly direct debit membership payment is dishonoured by your financial institution, Ezidebit may charge you a default fee up to $9.90 and will be debited from your nominated account at a future date. Workout 24/7 pty ltd does not receive any part of this $9.90 default payment fee.
Workout 24/7 pty ltd incurs transaction charges and expenses even if a members direct debit membership payment fails and reserves the right to charge a $2.00 administration fee to each dishonoured direct debit membership payment.
You will be required to make the dishonoured direct debit membership payment directly to the Club as soon as possible. In the event this does not occur the Club may attempt to recover the failed payment by use other methods such as the EFTPOS MOTO facility.
If the failed direct debit membership payment has not been recovered in 7 days, Ezidebit will attempt to recover the fees via it's direct debit facility. Failure to recovery the defaulted direct debit membership fees may incur another $9.90 Ezidebit default fee and Club $2.00 admin fee.
DEFAULT PAYMENT NOTIFICATIONS
In the event of a defaulted direct debit membership payment, Ezidebit will SMS / email an automated message alerting you of this. You may also be contacted by the Club by phone, SMS or email to inform you of the defaulted payment.
It is the policy of Workout 24/7 pty ltd to make every attempt to inform and assist every member at the time of a default membership payment. Our focus will always be to assist our members regarding default direct debit membership payments and retain the member whenever possible.
MEMBERSHIP CANCELLATION TERMS AND CONDITIONS
Basic Cancellation Rights and Refunds. Members may have reason to cancel for the following.
Cooling off Period.
A cooling off period of 48 hours applies and starts from 5:00pm on the day this Agreement is dated. Notice of cancellation during this period must be in writing. The Club will refund all monies paid by the Member less an administration fee of $29.00 or 10% (whichever is the lesser).
Cancellation of Direct Debit Memberships.
These memberships may be cancelled at any time with just 14 days notice. Cancellation must be received by management in writing by way of the Departure Forms provided by the Club. This form can be filled out in the Club or on a form sent to you via an email request. Your membership will continue for 14 more days from the date this form is received by management. As stated on the front of this form , one last direct debit fee will be payable. Access tokens may be returned to the Club at the conclusion of the membership or held by the member and used again in the future if re-joining.
Cancellation of Pre-Paid Membership.
Pre Paid Memberships may not be canceled, or be eligible for a refund except in the event you are deemed to have become permanently sick or incapacitated as outlined below. However you may transfer the remaining unused membership period to another person at no extra cost. Any pre-paid membership that is not renewed before its end date will automatically expire.
Permanent Sickness or Incapacitation (PIA Memberships).
Your disability must physically prevent you from attending and using the Club. ancellation must be in writing and your condition verified in writing by a licensed physician. In the event this occurs to a Member, the Club will refund the unused portion of any PIA membership or transfer the membership to another person if directed to do by the member at no extra charge.
TERMINATION OF MEMBERSHIP BY THE CLUB
Workout 24/7 pty ltd may, at its own discretion, terminate your membership if:
(i) you fail to make membership payments in accordance to any agreed payment plan.
(ii) your membership payments are not paid at the agreed time.
(iii) you fail to follow any of the Workout 24/7 rules, policies or general conditions or violate any part of the agreement.
(iv) your conduct is improper or considered harmful to other members or not in the best interest of the Club.
At the time of Termination you will be liable for all financial obligations until that time and any money owed to Workout 24/7 at that time must be paid. If you fail to promptly pay any Membership Fee arrears payments, you understand Workout 24/7 Pty Ltd has the right to pursue the collecting of these arrears payments by any means necessary regardless of the time passed since your Membership Termination. If you pre-paid your fees, Workout 24/7 will not refund any part of the remaining membership.
TERMINATION DUE TO NON-PAYMENT OF MEMBERSHIP FEES.
In the event a member accumulates 4 defaulted direct debit membership payments, the membership will be automatically terminated. The Club will voluntarily release the Member of any further membership fees payment obligations. However the balance of the 4 defaulted payments owing plus a $30.00 administration fee will be recorded as outstanding. This outstanding balance must be paid within 28 days of notification being given.
RECOVERY OF DEFAULT PAYMENTS VIA A 3RD PARTY
When all reasonable attempts have been made to recover the defaulted direct debit membership fees, Workout 24 /7 pty ltd reserves the right to engage the services of a Third Party Debt Recovery Agent to recover the outstanding fees owed to the Club by the defaulting member. The member will be responsible for all incurred fees and charges and risk a default credit listing.
LIABILITY OF PROPERTY
Workout 24/7 is not liable to you for any personal property that is damaged, lost or stolen while on or around the Club including, but not limited to, a vehicle or its contents or any property left in an open locker.
Damage To Equipment or Property
Damage to any equipment or property owned by the Club through your misuse or inappropriate activity must be repaired / replaced in full by you. Failure to do so may result in legal action being taken against you to recover costs. Damage to equipment and property during correct usage will be deemed wear and tear and will be repaired / replaced at the clubs expense.
RELEASE OF LIABLITY
You use the facility provided by Workout 24/7 Pty Ltd at the Club at your own risk and acknowledge that the use the facilities may involve risk of injury, whether caused by you or another party. You release, to the fullest extent permitted by law, Workout 24/7 Pty Ltd from all expenses, costs, liabilities, actions, claims, proceedings, damages, judgements and loss of any kind whatsoever arising out of, caused by, attributable to or resulting from an accident, damage, loss, damage to property, injury or death to any person.
You indemnify Workout 24/7 Pty Ltd against all forms of expenses, damages, costs, liabilities, claims, actions, proceedings, judgements and losses of any kind whatsoever arising from, caused by, attributable to or resulting from an accident, damage, loss, damage to property, injury or death to any person caused by you at or in the Club or in the vicinity of the Club.
ACCEPTANCE OF ENTIRE AGREEMENT
By signing this Agreement you accept all the term and conditions mentioned and / or implied in all parts of this Agreement. If paying by direct debit you understand the arrangement made by the Club with Ezidebit on your behalf and agree to abide by the terms and conditions of that agreement.