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 Gym North Lakes.
b. “Gym” means the facilities owned and operated by Workout 24/7 Gym North Lakes, 9 Discovery Drive, North Lakes, 4509.
c. “Workout 24/7” means Workout 24/7 Gym North Lakes ABN: 76 203 950 066
d. “Ezidebit” means Ezidebit Pty Ltd ABN: 67 096 902 813.
e. “You” means the person described in the agreement applying for a Workout 24/7 Gym North Lakes membership.
f. “Member” is any person who has an active Membership Agreement with Workout 24/7 Gym North Lakes including You.
LEAGALLY BINDING AGREEMENT
Workout 24/7 Gym North Lakes does not force members to involuntarily remain members by using minimum term membership contract.
However, by accepting membership to the Gym you must agree with the terms and conditions of this agreement which are legally binding regardless of frequency of use or membership type. You must agree to all the terms and conditions outlined in this document.
GENERAL CONDITIONS OF ENTRY
Members may only use the Gym 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 Gym can 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 Gym 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 Gym.
c. Sweat towels must be place on all equipment during use and cleaning stations used.
d. Appropriate exercise attire must always be worn in the gym - 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.
g. No food is to be consumed on the gym floor.
h. All equipment used must be immediately wiped down when done with supplied disinfectant wipes.
I. Social distancing as defined by the QLD Government must be adhered to.
MEMBERSHIP 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. If a fortnightly direct debit membership payment is dishonoured by your financial institution, Workout 24/7 Gym North Lakes will charge you a default fee of $11.90 and this will be debited from your nominated account. Workout 24/7 Gym North Lakes incur transaction charges and expenses when a member’s direct debit membership payment fails.
DEFAULT PAYMENT NOTIFICATION
In the event of a defaulted direct debit membership payment, Ezidebit will SMS/email an automated message alerting you of this. The Gym will attempt to recover the failed payment which will include the default fee through our MOTO facility on EFTPOS. If this fails you will be contacted by the Gym by phone, SMS or email to inform you of the defaulted payment. Sufficient funds must be made immediately available in your nominated account and the Gym notified of this.
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 Gym North Lakes will engage the services of a Third-Party Debt Recovery Agent to recover the outstanding fees owed to the Gym by the defaulting member. The member will be responsible for all incurred fees and charges and risks a default credit listing which may affect their credit rating in the future.
Members of the Gym must be at least 14 years of age and all members under the age of 16 must have a parent or guardian co-sign their Membership Agreement form and acknowledge the Liability Release.
Minors between 14-16 years must comply with the following conditions:
a. Access will only be permitted during Staffed Hours – no access device will be issued. However, the minor is allowed access at any time if accompanied by a parent or guardian who is an active member.
b. A pre-exercise questionnaire must be completed by a parent or guardian.
c. An exercise program must be supplied by a qualified fitness professional at the expense of the member and his/her parent or guardian.
Activities within the Gym will be limited to those deemed suitable for the minor by a qualified fitness professional.
CANCELLATION, TERMINATION AND REFUNDS
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 Gym will refund all monies paid by the Member except for an admin fee of $29.00 or 10% whichever is the lesser.
Cancellation of Direct Debit Memberships
These memberships may be cancelled at any time with 14 days’ notice. Cancellation must be received by management in writing either by way of the Departure Forms provided by the Gym or by email request. Your membership will continue for 14 more days as stated on the front of this form and one last direct debit fee taken. Access tokens MUST be returned to the Gym at the conclusion of the membership.
Cancellation of PIA Memberships (Pay in Advance)
You may NOT cancel a PIA membership. In the event you are deemed to have become permanently sick or incapacitate you MUST supply to Management a written verification of your condition by a licensed physician. Any PIA membership that is not renewed before its end date will automatically expire. Access tokens MUST be returned to the Gym at the conclusion of the membership.
Termination of Membership by Workout 24/7 Gym North Lakes.
Workout 24/7 Gym North Lakes may, at its own discretion, terminate your membership if:
(i) you fail to make payments in accordance with any agreed payment plan.
(ii) your payments are not paid at the agreed time.
(iii) you fail to follow any of the Workout 24/7 Gym North Lakes rules, policies or general conditions or violate any part of the agreement.
(iv) your conduct is improper or considered harmful to other members or the best interest of the Gym.
Termination is effective from the date that written notification is sent by writing or email to your last known address. You will be liable for all financial obligations until that time and any money owed to Workout 24/7 Gym North Lakes at that time must be paid. If you pre-paid your fees, Workout 24/7 Gym North Lakes will not refund any remaining part of the membership and you MUST return your access token.
GYM SECURITY – VIDEO SURVEILLANCE
For security purposes, the Gym uses 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.
24 HOUR / 7 DAY ACCESS
Only Gym members are allowed 24/7 access to the facilities. Non-members may ONLY enter the Gym during Staffed Hours and are not permitted at any other times. Any Member who allows a non-member entry to the Gym 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 a $250.00 non-compliance fee will be charged to the Member’s nominated bank account.
c. CCTV footage is regularly viewed for Gym Terms and Conditions Member compliance
ACCESS TOKEN TERMS AND CONDITIONS
Your 24/7 access token MUST be swiped on the entry control panel every time you enter the Gym regardless of whether the door is locked or unlocked and 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 Gym 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 reported to Gym staff as it must be deactivated to avoid a breach of security. To continue to access the Gym during un-staffed hours you will need to purchase another 24/7 access token at a cost of $29.00. Access tokens MUST be returned to the Gym at the conclusion of the membership.
CHANGE OF PERSONAL DETAILS AND BANK/CREDIT CARD DETAILS
It is a condition of membership that you advise management of any change of details requested in the membership application by email or by going onto our Website and using the updating facility provided online.
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 Gym. 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 Gym staff, provide a medical clearance certificate from your doctor.
LIABILITY OF PROPERTY
Workout 24/7 Gym North Lakes is not liable to you for any personal property that is damaged, lost or stolen while in the Gym including, but not limited to, a vehicle or its contents or any property left in an open locker. Damage to any equipment or property owned by Workout 24/7 Gym North Lakes through your misuse or inappropriate activity MUST be repaired or replaced in full by you. You will be liable for the cost to repair or replace any damage to the Gym or equipment caused either directly or indirectly by you.
RELEASE OF LIABILITY
You use the facility provided by Workout 24/7 Gym North Lakes at your own risk and acknowledge that the use may involve risk of injury, whether caused by you or another party. You release, to the fullest extent permitted by law, Workout 24/7 Gym North Lakes 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 Gym North Lakes 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 Gym or in the vicinity of the Gym.
ACCEPTANCE OF ENTIRE AGREEMENT
By signing this Agreement, you accept all the terms and conditions mentioned and/or implied in all parts of this Agreement. If paying by direct debit you understand the arrangement made by the Gym with Ezidebit on your behalf and agree to abide by the terms and conditions of that agreement.