In this agreement there are some words and terms used repeatedly. To make things easier to understand, when we use those words and terms they will have the following meanings:
– FNF, Qmax and YogaBar, the Company, us, we, our means Fit n Fast Australia Pty Limited; ABN: 35 140 522 756.
– Member, you, your means the person described in Membership Agreement Form and there referred to as member.
– Membership means a membership of Fit n Fast Australia Pty Limited trading as FNF, Qmax or the YogaBar.
– Agreement means this contract.
– Home Membership means member of only the club/studio at which you have signed.
– Rules means the rules specified in these terms and conditions, in club/studio signs and handouts, rules for using club/studio equipment and behaviour.
2 MEMBERSHIP AGREEMENT
This membership agreement is a legally binding contract between you and us.
By entering into this agreement you purchase a membership or services and you agree to all the terms of this agreement.
You acknowledge that neither the Company, nor anyone on behalf of the Company, has made any representations or promises upon which you are relying in entering into this agreement unless set out in this agreement.
You agree that this document sets out the complete agreement between you and us.
If any part of this agreement is invalid or unenforceable, the remaining parts will continue.
If the Company does not exercise any rights it has under this agreement it is not giving away those rights. Those rights may still be exercised later.
3 MEMBERSHIP TYPES
We provide the following memberships (please note some options are not available at all clubs):
GYM: use of the home club, being the club at which you sign up;
GYM.HIIT: Use of all FNF facilities within Australia. Access to HIIT classes at clubs that provide this option.
GYM.YOGA: Use of all FNF facilities within Australia. Access to Yoga classes at clubs that provide this option. Excludes Reformer & Aerial Classes.
GYM.HIIT.YOGA: Use of all FNF facilities within Australia. Access to HIIT and Yoga classes at clubs/studios that provide this option. Includes Reformer & Aerial Classes.
ADD ON’s: May be available on memberships at the time of joining or throughout the term of your agreement. “Add on” options will depend on the type of membership you choose. Add On’s may include but are not limited to Bring a Friend access, Access to all clubs, No Commitment and access to Reformer and Aerial classes.
Commit: Commitment of 13 or 26 Fortnightly payments followed by a rolling fortnight to- fortnight membership until we are notified to cancel by you. Cancellation fees will apply if you want to cancel during the commitment period. Please refer to clause 7 for cancellation details.
No Commit: No commitment period required. Membership is a rolling fortnight-to- fortnight membership until we are notified by you to cancel. Please refer to clause 7 for cancellation details.
Upfront: Payment of your membership upfront & in full for either 3 months, 6 months or 12 months. This membership is non refundable & can not be cancelled. These options are not available in all clubs/studios.
4 CLASS PASSES AND INTRO PASS
All Class Passes are valid for 6 months from date of purchase. Class passes are not available in all clubs/studios.
Some of our Class Passes offer an auto top up facility. Auto top up means that when your class allowance runs out, our system will automatically refill your stock with the option you previously chose. If you choose the auto top up option then your account will automatically debit you as you run out of classes until we are notified to cancel by you. Please refer to clause 7 for cancellation details.
Intro passes can only be used by one person and are for new members only. A maximum of one drop in class only may be purchased prior to the purchase of an Intro Pass. Intro passes are not available at all club/studio locations.
Intro passes become activated from the first use at club/studio.
Class passes, Intro passes & Workshops are non refundable and non transferrable.
5 YOUR MEMBERSHIP
A Freeze of membership option is available on all membership types. The Freeze is available in fortnightly blocks with a minimum of 1 fortnight and a maximum of 6 fortnights. If you are currently in a commitment period and you take a Freeze then your commitment period will extend for the additional length of any Freeze taken. A fee will apply.
Members who are unable by reason of temporary physical incapacity (minimum 10 days) to utilize the fitness services may seek to temporarily put their membership agreement on hold. Reasonable admin charges may be applied.
Your membership permits use of our premises, facilities, equipment and services in accordance with the conditions applicable to that category of membership.
Membership is subject to current terms and conditions, company policies, rules and limitations and to any future changes to those terms and conditions, policies, rules and limitations.
Memberships are assignable to a new owner of the business, at the sale or assignment of the business.
Memberships are not refundable except as provided by law.
You must ensure that you keep us informed of any details that affect your membership. This includes changes to your contact details, address and nominated account details.
6 PAYING FOR YOUR MEMBERSHIP
Fees and charges payable by you, as set out on the Membership Agreement, are payable in advance.
Upon joining the Company, you authorise us to charge or cause transfers to be made from your nominated account.
The above authorisation is a continuing authorisation until your membership is terminated or cancelled and continues upon assignment of the agreement to a new owner of the business.
The above authorisation includes (but is not limited to) quarterly price guarantee fee, membership fees, membership card fee, GST and any unpaid fees. Rate includes GST at 10%, if GST rate was increased the GST payable would be amended to reflect this.
We may recover from you any merchant or other fees attendant upon credit card use or charged to us as a result of payment by you, whether by credit card or otherwise.
We reserve the right to charge you a processing fee being the reprocessing fee in the event of dishonour of your direct debit or any failed payment.
We use a third party as a direct debit billing provider and you may be asked to fill out a Direct Debit Request (DDR) to allow deductions from your financial institution of choice
7 CANCELLING YOUR MEMBERSHIP
A minimum of two weeks written notice is required to terminate membership either via email or delivered to the club. This notice is taken from the next available direct debit date.
7.2 We provide the following cancellation options:
No Commit Membership: Can be cancelled at anytime with 2 weeks written notice (as outlined in clause 7.1) without incurring any cancellation fees.
Commit Membership: Includes GYM, GYM HIIT, GYM YOGA and GYM HIIT YOGA. Early termination fee will apply if your minimum term is incomplete, 80% of your remaining fortnightly fees will be payable prior to termination of your membership.
YogaBar & Ultimate Membership: Please see the table at the end of this document for the applicable cancellation fee.
Auto top up Class Passes: Can be cancelled at any time prior to using the last remaining class in a Auto Top Up Class Pack.
Upfront: Cancellation is not available on this option.
Members may cancel their membership at any time by reason of permanent physical incapacity verifiable by a medical certificate. Written notice with the medical certificate must be supplied. Reasonable admin charges may be applied.
8 CLASS BOOKINGS AND CANCELLATIONS
Class spaces are limted and we strongly recommend that you pre-book online to reserve a space
Classes can be pre-booked up to 7 days prior to the class
8.3 Online booking closes 60 minutes prior to a class
If you pre-book a class and fail to cancel or attend you may be automatically debited a $15 no-show fee or a class may be debited from your account.
Cancellations on pre-bookings can be done up to 3 hours before a class to avoid a no-show fee.
9 COOLING OFF PERIOD
You may cancel the contract at any time before midnight on the seventh calendar day after joining, by delivery in writing to your home club/studio or the address shown on the membership agreement. This notice may also be given by email. Please note that various promotions may apply when you join that extend the cooling off period.
Upon cancellation under this clause you will be refunded 80% of the fees and monies paid. The refund will only be paid via EFT or cheque within 10 business days. No cash refunds will be issued.
10 TRANSFERRING YOUR MEMBERSHIP
You can elect to transfer your membership to another person. Please note that a transfer fee may apply.
We can transfer your contract to a person, firm or company at any time without giving you notice. We can also sub-contract our obligations to someone else without notice.
11 USING THE CLUB
Members must be at least 14 years old to exercise.
We recommend that, if you are under 18, you seek medical advice about the right exercise for you. Additional exercise programs may incur an additional fee.
Your membership allows you to use the club/studio as per the terms and conditions.
Guests: Members with a Black/Qmax All Clubs/YogaBar or Ultimate Membership may bring one guest free of charge to use the facilities of that members home club only. The guest will be subject to the same rules as the member and may only remain on the premises whilst the member is present. The guest must enter at the same time of entry as the member who will be responsible for the conduct and behaviour of the guest. The guest must sign a guest waiver on entry. Guests are not able to attend Qmax classes.
Membership card – you will be provided with an access card. When you join, if you try to access the club/studio without your access card or photo identification we may refuse you entry.
Lockers – we provide lockers for use when you are exercising in the club/studio. These are not security lockers and valuables are left in there at your own risk. You are responsible for ensuring that your locker has a padlock. A locker is not to be used to store your personal belonging when you are not in the club. Lockers that are left locked overnight may have the padlock cut off and your belongings may be removed.
Clothes – all members and guests must ensure that they are wearing suitable clothes and enclosed sports shoes in all exercise areas except for YogaBar studios.
12 FACILITIES AND SERVICES:
You are responsible for using our facilities, equipment and services correctly. If you are in doubt please see a staff member prior to using the facilities, equipment or services.
We reserve the right to remove, delete or replace equipment and/or services at our clubs/studios.
We also reserve the right to vary equipment, services, classes and hours of operation at our clubs/studios.
It is acknowledged that equipment and services are available on a “first come, first served” basis.
We may on occasion close a club/studio for refurbishment. If we close for more than 2 days you may request a timefreeze at no cost.
We reserve the right, in the event of permanent closure of the club/studio which you have joined, to transfer your membership to another one of our clubs within 25 kilometres of the closed club/studio. If there is no club within 25 kilometres, you have the right to cancel your membership.
Membership fees will not be reduced due to a club/studio closure for renovations or due to closure on a public holiday.
13 24 HOUR CLUBS & UNSTAFFED HOURS
A number of FNF clubs may have 24 hour access or unstaffed hours or may convert to 24 hour access or unstaffed hours.
If you are a member of a FNF club with 24 hour access or unstaffed hours or you attend a FNF/Qmax club with 24 hour access or unstaffed hours then the following conditions apply:
Clubs with 24 hour access will have staffed hours and unstaffed hours.
Non-24 hour clubs may also have staffed and unstaffed hours
We reserve the right to change the staffed hours at any time without notice.
During unstaffed hours the following people are not allowed access
non members excluding guests of Black, Qmax, Yogabar and Ultimate members
– Off Peak members
14 ACCESS BY NON MEMBERS WHEN CLUB IS UNSTAFFED
FNF does not grant access to non members (excluding Black, Qmax, YogaBar or Ultimate member guests) during unstaffed hours.
No member of FNF is permitted to bring or allow a non-member into a FNF/Qmax clubs during unstaffed hours unless they are a Black/Qmax All Clubs/YogaBar or Ultimate member (excludes Qmax Home) bringing in a guest who signs in.
If a member breaches clause 13.2 then the member acknowledges that they accept responsibility and liability for any injury, loss or damage attributed to the non member the act of bringing a non member into the club or allowing a guest access without signing in constitutes an automatic acceptance by the member of a casual visit fee for the non member. The casual visit fee, will be charged to the member by a deduction from their nominated bank account.We reserve the right to terminate the membership of the member who brings a non-member into a club during unstaffed hours or who allows a guest access without signing in. We also reserve the right to charge a member a fine of $250 for allowing unauthorised entry.
15 PHYSICAL CONDITION/MEDICAL ADVICE:
It is up to you to let us know if you have any medical or physical condition which might prevent or affect your use of our facilities or services.
By entering into this agreement you are representing that you have no such adverse medical or physical condition and that you are not aware of any health or medical reason why you should not use our facilities and services.
You also acknowledge that we have not given you medical advice and cannot in the future give you medical advice in respect of your condition and your ability to use the facilities or services.
You should check with your doctor before using the facilities or services if you have any doubts or concerns in that regard.
If your medical condition changes after you join you must inform us prior to using the facilities or services.
You acknowledge that the use of our facilities and services involves risk of injury ranging from minor injury to death. This includes the risk of soft tissue injuries, broken bones and joint injuries.
You agree to make sure that you know how to exercise safely and will ask for assistance or advice if necessary.
You agree that your use of facilities and services is on the basis that you accept such risk and that you agree that the Company its officers, directors, employees, volunteers, agents and independent contractors will not be liable for any injury (including, but not limited to, personal, bodily or mental injury, economic loss or damage) to you, your partner, spouse, unborn child or relatives.
You also agree that we will not be liable for any personal property that is damaged, lost or stolen while on our premises unless caused by an act of gross negligence by the Company. This includes any motor vehicle and anything in any motor vehicle.
You will be responsible for the cost of repair and/or replacement of any damage contributed to or caused to our property by you or your guest.
Some clubs operate on a 24 hour basis and are accessible by members during unstaffed hours. As a member utilising the Facilities of a 24 hour club during unstaffed hours you acknowledge that you enter and use the facilities at your own risk.
17 ISSUES WITH OUTSIDE PROVIDERS
Outside providers may provide a number of services in our clubs/studios, such as personal training/private Yoga/Pilates Instruction. Members may pay fees directly to these outside providers and as such we are not responsible for these fees.
Claims due to the action or inaction of an outside provider should be taken up with the provider directly. We will endeavour to assist in resolving any issues with providers but you agree that we are not liable for any issues resulting from an act or lack of action by an outside provider.
18 RULES & REGULATIONS:
You acknowledge that we have in place membership policies, rules and regulations for the use of equipment, use of the premises and services and in relation to membership that may vary from club to club and studio to studio.
We reserve the right to vary such policies, rules and regulations from time to time.
It is further acknowledged that rules and regulations may vary from club to club and studio to studio.
Violation of membership policy, rules and regulations may result in termination of membership at our sole discretion.
We reserve the right to refuse entry to anyone, including members.
We reserve the right to cancel membership for breach of the agreement, misconduct, damage to equipment, inappropriate behaviour or drug use, including where circumstances so warrant, without notice or warning.
19 CODE OF PRACTICE:
We follow the NSW Industry Code of Practice (“the Code”), a copy summary of which will be provided if requested.
In the event of any inconsistency between this agreement and the Code, the provisions of the Code will prevail to the extent of the inconsistency.