GENERAL TERMS AND CONDITIONS
These terms and conditions relate to the operation and function of NoosaFit 24-7 Pty Ltd ATF NoosaFit Trust, an Australian registered company and owner of NoosaFit 24-7.
Nothing in these terms and conditions, limit any rights you may have under the Trade Practices Act, Fair Trading Act, any other Commonwealth or State Legislation or any other such laws in the region where the NoosaFit 24-7 you attend is located or the region referenced by the NoosaFit 24-7 website.
Any terms or conditions that create an inconsistency with any legislation are considered void to the extent of the inconsistency.
This agreement applies to all customers who make a purchase either in a NoosaFit 24-7 gym or via a NoosaFit 24-7 website, or any website that has NoosaFit 24-7 products on it and refers to these terms and conditions, or any other avenue that NoosaFit 24-7 uses for retail purposes provided the other avenue refers to these terms and conditions. NoosaFit 24-7 has no obligation to issue a ‘tax invoice’ unless the customer requests one or it is the law within the region where the NoosaFit 24-7 is located.
NoosaFit 24-7 is not liable for any of its products that have been on-sold by a customer to a third party.
WEBSITE TERMS AND CONDITIONS
The content of the pages of this website are for your general information and use only. All content is subject to change without notice.
Neither NoosaFit 24-7 nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found on this website. Where we, NoosaFit 24-7, make our best endeavours to avoid errors, you acknowledge that such information on this website may from time to time contain inaccuracies and we expressly exclude liability for any such situation where this may occur.
Your use of any information or materials on this website is entirely at your own risk, for which NoosaFit 24-7 shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to NoosaFit 24-7. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that NoosaFit 24-7 endorses the website(s). NoosaFit 24-7 has no responsibility for the content of any linked website(s).
You may not create a link to this website from another website or document without prior written consent.
MEMBERSHIP TERMS AND CONDITIONS – NOOSAFIT 24-7
Definitions
a. “Agreement” means this Membership Agreement, including the Schedule, Terms and Conditions and any recitals or annexures;
b. “Club”, “we” or “our” means the NoosaFit 24-7 Facility;
c. “Commencement Date” means the date that this Agreement and your Membership commences;
d. “Facilities” means the gym equipment, machinery, amenities, access card and other facilities available at the Club;
e. “Fees” means the fees payable by you to join and participate in the Membership;
g. “Minor Member” means a Member between the age of 13 and 15 years old;
h. “Youth Member” means a members between the age of 16 and 17 years old;
i. “Member” or “You” means the person entering into this Agreement and joining the Membership’
j. “Membership” means your membership with the Club’
k. “Parent/Guardian” means the lawful parent or guardian of a Junior and/or Minor Member under 18 years of age;
l. “Schedule” means the schedule to this Agreement;
m. “Services” means classes, programs and other health and fitness services at the Club;
n. “Term” means the term of this Agreement, as set out in Item C of the Schedule;
o. “Terms and Conditions” means these terms and conditions;
p. “Suspension/Freeze” means your Membership is placed on temporary hold
q. “You” / “Your” means the person whose name is on the membership application
2. Binding Agreement
a. Subject to clause 3, you acknowledge and agree that by signing this Agreement, you have entered into a legally binding agreement with us.
b. As such, you should seek independent advice and/or let us know if you have any queries relating to this Agreement prior to signing.
3. Cooling-Off
a. You may cancel your Membership any time before close of business within 7 days following the Commencement Date of your membership. For security and identification purposes, cancellation must be completed in-person at the Club.
b. If you exercise your cooling-off rights under clause 3(a), we will refund all fees already paid by you excluding a $29 administration fee.
c. If you exercise your cooling-off rights under clause 3(a), you must return your Access Card. The refund of fees under 3b. is dependent upon the Access Card being returned.
4. Provision of Services
Opening Hours – NoosaFit 24-7 is designed to suit the needs of our busy lifestyles. Our members can access our clubs 24/7.
You train at your own risk when the club is staffed and unstaffed
Unstaffed Hours – At times (including but not limited to Public Holidays & Sundays) the club will be unstaffed. The club will remain open for members’ use. If you are the only member within the club you MUST wear the portable duress key-ring at all times then leave it at reception before you exit our club.
Casual Entry – Access for non-members is restricted to staffed hours only. Members from 13 -15yrs of age must be accompanied by adult at all times within our club and the parent or guardian must counter sign the minor’s casual entry form. Members from 16-17yrs may train without a parent or guardian, but the parent or guardian must counter sign the minor’s casual entry form.
Physical Condition – You promise and represent on the date of the membership commencement, and repeat such warranty and representation each time you use our facilities, that you are in good physical condition and that you know of no medical or other reason why you are not capable of engaging in active or passive exercise without detriment to your health.
FREE Induction & Program – All members are offered a complimentary induction session which includes your first exercise program.
Forms and Health Screen - All forms including the Health Screen must be completed and approved by NoosaFit Management before you can commence your membership.
Change of Details – You must keep us informed of any change of address, email address, contact numbers, bank account/credit card or any other relevant information relevant to your membership.
Responsibility for Damage – you are responsible for and undertake to compensate us for any damage which you may cause to our club facilities, if such damage is caused by your wilful act or negligence you will be charged a minimum fee of $200 inc gst.
Complaints/Feedback – We see both complaints and feedback as a gift. We will endeavour at all times to assist you with any concerns/comments/suggestions you may have.
Risk Warning – It is your responsibility to ensure you correctly operate or use any available facilities and/ or equipment provided by NoosaFit 24-7. If you are in any doubt as to how to correctly operate any equipment you must approach a member of staff before use. Members agree to release, indemnify and hold harmless the club and its owners, directors, managers, employees, contractors and agents from any and all liability for any personal injury or resultant liability of what so ever kind and however so ever incurred by you through, in the course or arising from any exercise or activity carried out within the club howsoever occurring and/or for any loss of property occasioned thereby and acknowledge that such waiver applies to all injuries, loss and damage sustained by reason of either or both breach of contract by us and/or any tortuous act or omission, including but not limited to negligence. You acknowledge that you are engaging in a dangerous recreational activity by exercising in our club as defined by the CLA.
Misconduct – We reserve the right to refuse entry to any person, including members and have the right to cancel your membership without warning or notice for any dangerous and/or offensive behaviour that is threatening or harassing other guests, members or staff, including damaging equipment in our club and perceived risks, including but not limited to, the use of illegal or performance enhancing drugs.
NoosaFit 24-7 Membership Access - As a member you are entitled to use all available facilities of our club.
Personal Training - Personal training services do not form part of ordinary membership. NoosaFit understands the benefits of providing you access to personal trainers. If you would like to enquire or book in a Personal Training Session/s please speak direct to your preferred trainer or reception. This service is an additional fee that must be paid direct to the trainer.
Safe Use of Power Rack, Bench Press, Smith Machine & Barbells
· When using the Power Rack adjust safety bars when squatting/benching for your safety.
· When using Bench Press adjust safety bars above chest height.
· When using Smith Machine adjust yellow safety collars when squatting/pressing for your own safety.
· When using a Barbell collars must be used at all times.
· Please use a spotter when lifting heavy weight.
· Do not attempt to lift heavy weights without a spotter or when you are alone in the gym.
Kids Chill Zone – NoosaFit 24-7 facility offers a complimentary Kids Zone available to my child or children while I train in the facility;
Children are not permitted to be anywhere within our facility expect our Kids Chill Zone and subject to completing a waiver prior to utilising:-
· Your child or children entering the Kids Zone do so at their own risk and responsibility
· Our Kids Zone is not available if you are not training in the facility
· This is complimentary to all NoosaFit 24-7 members
· Our Kids Zone is UN SUPERVISED at all times
· It is your responsibility to supervise your child or children in this area
· Be respectful and consider the other members within the facility when your child/ children are within the Kids Zone
· Your child or children ‘cannot’ take food into the Kids Zone, only drink in sealed bottles
· Please ensure the Kids Zone is left TIDY & SAFE on my child’s or children’s departure
Continued Provision of Services
a. In consideration for payment of the Fees, we agree to provide you with access to the Facilities and the Services during the Term.
b. Some Services, such as personal training services, are excluded from the Membership and may require payment of additional fees as offered by the relevant provider.
c. Your safety is important to us, and as such, we will use our best endeavors to ensure that the Facilities and the Services are safe, hygienic and secure.
d. If at any time you become aware of an issue with the Facilities or the Services, please notify us immediately.
f. The Facilities and the Services offered by us are subject to change from time to time without notice to you (provided that such Facilities and Services will be of no less quality than provided as at the Commencement Date, subject to fair wear and tear).
g. Some membership types may have restricted access or hours of usage. It is your responsibility to check what restrictions your membership has regarding access.
h. The provision of services will be suspended where there is a government directive to suspend operations such as during a pandemic.
i. You acknowledge that during a government directive to suspend operations there are ongoing costs for the club that must be met and you agree that the club may charge a holding membership fee of up to $3.50 per week debited from the same account and in the same manner as your membership fee
j. Paid in advance memberships will have the term of the pandemic added to the term of the membership
5. Your obligations
a. You agree to, at all times, abide by the rules of conduct, behaviour, dress code and other policies or rules in place detailed in the “NoosaFit 24-7 Welcome Email” and/or displayed in the Club.
b. You must not permit any other person to enter the Club or to use the Facilities and Services, whether a member or not, without our prior consent. We may charge you a fee of up to $200 for a breach of this clause, which will be automatically charged using your payment details provided, and may immediately cancel or suspend your Membership at our discretion.
c. You must not intentionally activate any duress buttons or signals without having reasonable cause to do so. We may charge you a fee of up to $200 for a breach of this clause, which will be automatically charged using your payment details provided and may immediately cancel or suspend your Membership in our discretion.
d. You must notify us if your contact details change.
6. Membership Age Policy
· Minor Members – 12-15 years
· Youth Members – 16-17 years
· Adult Members – 18 years & above
a. Except as otherwise specified in this Agreement, you acknowledge and agree that under no circumstances are you permitted to bring children into the Club, nor are you permitted to leave children unattended in the Club. We shall not be liable to you in any manner for any injury, loss or damage sustained as a result of your failure to comply with this clause and you agree to indemnify us and hold us harmless for any loss and damage we may suffer as a result of your breach of this clause.
b. If you are a Minor or Youth Member, you and your Parent or Guardian both agree to sign and be bound by this Agreement and at all times comply with our “Membership Age Policy”, as varied from time to time.
c. Minor Members must be accompanied by adult at all times within our club outside of staffed hours. The Minor and Parent/Guardian must counter sign the Minor’s Membership Agreement and complete the Minor Waiver Form before the Minor can utilise our facility.
d. Members from 16-17 years may train without a parent or guardian 24/7, but the parent or guardian must counter sign the minor’s Members Agreement.
7. Termination
FIT Membership Cancellation (6 Month Minimum Term):
You may terminate this Agreement before the expiry of your minimum term (notice must be donein writing) if all instalments and fees due up to the date of termination are paid and the relevant payout fee is paid in full at time of cancellation request. The payout fee is calculated by multiplying the fortnightly fee on your membership agreement by the number of fortnights left in your minimum term and deducting 5% from the total.
Flexi Memberships Cancellation:
Subject to the conditions below, you may cancel your membership at any time by providing a minimum of 30 days written notice from date of receiving your completed cancellation form (the club will keep a copy & email you a copy for your records).
· Any payments due within your 30-day notice period are non-refundable
· You may access the club during the 30-day notice period
· You are required to return your Access tag upon expiry of the 30 day notice period
· NoosaFit does not accept any verbal cancellation requests (including phone messages)
· Termination of your membership automatically terminates your Direct Debit arrangement with our Direct Debit service provider.
· If you cancel your Direct Debit without correctly cancelling your membership, your membership will remain active and all applicable fees will continue to apply
· If you have paid for a paid upfront membership, this membership is non-refundable. You may cancel your membership at any time with immediate effect by giving us written notice if ‘all’ of the following apply:
· We have breached this agreement
· The breach was likely to have an ongoing materially adverse effect on your use and enjoyment of the club
· You provided the breach notice in writing
· We failed to remedy the breach or appropriately compensate you within 7 days of receiving the breach notice
· We may cancel your membership at any time with immediate effect by giving you written notice if you do any of the following:
· Break our Club Rules
· Fail to pay outstanding monies after 7 days of written notice
· You allow a non-members entry without prior consent
· You loan your entry key to another member, guest or non-member
8. Suspension/Transfer of your membership
a. You may suspend your membership at $0 per week for a minimum period of two weeks (2) and a maximum period of four weeks (4) within any 12-month period.
b. For any suspension requests over and above the 4-week term from clause 8a.you will be charged a fee of $5 per week. This fee will be deducted on your payment schedule ($10 every 2 weeks)
c. You may transfer your paid-up front membership to another person for the balance of the Term with our prior consent. You will be charged a $50 Transfer Fee. This must be done in-person at the Club. The new member must complete all membership forms.
d. If your membership is not our standard membership, such as Minor, or any other membership type, and your circumstances change so that you are no longer eligible for this membership type, then your membership will be changed to our standard membership and the fees payable under this membership will become applicable. You will be notified of any change to your membership via SMS or email using the details provided by you.
9. Security Surveillance
· You acknowledge that the Club uses CCTV surveillance (in most cases, 24 hours a day) at the Club premises (except in bathrooms) and may have remote video or other guarding services.
· This system is used for security purposes but does not guarantee against harm.
· NoosaFit 24-7 Club is fully equipped with video surveillance technology and constantly recording for the security of our staff, members & guests. The cameras can be viewed remotely at any time by the club operator and/or security provider.
· NoosaFit 24-7 utilises an integrated “Tailgating” system to protect our members by preventing the use of our club by non members.
· If you take a non-member in to the club to train (without prior permission from management of the club) you will be automatically charged a fee of up to $200. We also reserve the right to terminate your membership.
· If your membership fees are deducted by Direct Debit; you will be notified and advised that the fee in 9b) will be added to your next scheduled payment
· If your membership fee was paid upfront; you will be notified and advised of the fee which must be paid within 7 days of notification. If the payment is not received within 7 days your membership will be suspended until payment is received.
· NoosaFit 24-7 provide a min of 1 active wall Duress Button and minimum of 1 Mobile Duress Keyring for members to access at all times.
· The buttons and/or keyring are only to be used in the case of illness/accident/injury/safety threat or concern. In the event the alarm is pressed the alarm monitoring company will alert the appropriate parties accordingly with immediate effect.
· NoosaFit 24-7 reserves the right to pass on any charges incurred if you activate the Wall Duress Buttons or Duress Keyrings.
10. Limitation of Liability
1. You acknowledge and recognise the inherent risks of injury or ill health resulting from use of the Facilities and Services and participation in exercise generally. It is recommended that you seek medical advice prior to commencing any exercise program.
2. To the extent permitted by law, you agree to release and indemnify us and our Related Entities for any loss or damage suffered by you in respect of any incident arising out of injury, loss, damage or death caused to you or your property in any way whatsoever, except arising out of our reckless conduct.
3. You agree that you use the Facilities and Services at your own risk and responsibility whether supervised or not by staff.
11. Privacy
a. We take your privacy seriously. We do not pass your information onto any other business. If you do not wish to receive email, SMS or mail correspondence from us regarding your Membership, special offers or promotions then please send us an email or letter confirming that you wish to unsubscribe from such methods of communication.
b. Please contact us for a copy of our privacy policy.
12. Direct Debit Request Service Agreement
a. You acknowledge and agree that direct debit payments are managed and debited on behalf of us by a third party billing agent, Debit First Pty Ltd ATF Explorer 2 Unit Trust Fund T/As Debit First ACN 46 276 349 233
b. You acknowledge and agree that the Fees are reviewed periodically and may increase. This is regardless of the Fees payable when you entered into this Agreement or the Term (unless you have pre-paid in advance). You will be notified a minimum of 30 days prior to any such Fee increase by way of signage displayed within the Club.
c. It is your responsibility to ensure cleared funds are available in your nominated bank account or credit card to meet the direct debit payment. If a direct debit is returned unpaid by your financial institution, you will be charged a dishonour fee of $9.90 for the return fees and administrative costs incurred by Noosafit. If NoosaFit has not received instruction to the contrary from you, we will debit both the dishonour fee, overdue and scheduled membership fees on your next scheduled direct debit date.
d. You acknowledge and agree that:
Debit First is entitled to store your personal information (whether received by you, the Club or otherwise on its systems) and use it for the purposes of administering this Agreement, providing its products and services, or offering alternative products and services; you have rights of access to, and correction of, your personal information under the Privacy Act 1988; and
Debit First (or the Club) may contact you for any purpose related to the provision of its products and services.
e. You authorise NoosaFit to notify any debt collection or credit reporting agency upon default by you in meeting your payment obligations under this Agreement.
f. You agree to immediately pay the full outstanding balance of the remainder of the payments due, including any current arrears, should a default occur prior to this Agreement and your direct debits terminating.
g. You may be liable for any costs associated with the recovery of your overdue account, this may include, but is not limited to the following; legal fees, interest and mercantile agency collection cost.
h. When a debit day falls on a weekend and/or a national public holiday all debits for that weekend or national public holiday will be processed on the immediately preceding business day. If unsure, you should contact NoosaFit.
i. This authority shall stand pursuant to the terms and conditions of this Agreement with the Club. The administration only of this authority is conducted by Debit First, acting as a billing agent for us. The services provided by Debit First are administrative only and do not extend to the provision of any services or benefits provided by us.
j. Direct debit may not be available on all bank accounts. You are advised to check your account details against a recent statement from your financial institution. If uncertain you should check with your financial institution before completing the Direct Debit Authority.
k. All enquiries in relation to refunds must be directed to the Club (NoosaFit).
l. NoosaFit will communicate with you from time to time. To ensure communication reaches you, it is important NoosaFit is supplied with a valid email address and mobile phone number. Failure to supply a valid email address and a mobile phone number will prevent NoosaFit from contacting you regarding important information concerning your account.
In signing this Agreement, you acknowledge that you have read and accept the conditions outlined in Debit First’s Product Disclosure Statement (PDS) in its entirety. Debit First will email the PDS to you, and, if this is not received, you acknowledge that you have accessed, read and understood the PDS on the Debit First. Website: wwwsecure.debitfirst.com
Complaints Handling
Please submit any complaints via email to manager@NoosaFit247.com.au. Please include all detail relating to your complaint. We will do all that is reasonably and practicably possible to assess the merits of the complaint and respond within a reasonable timeframe.
APPLICABLE LAWS
Your use of the NoosaFit 24-7 website, any NoosaFit 24-7 gym or facility and any dispute arising from such use is subject to the laws of QLD, Australia.