TERMS AND CONDITIONS OF THE POWERPLAY HEALTH AND FITNESS CENTRE/ FFA PAYSMART MEMBERSHIP AGREEMENT
By signing the agreement you are agreeing to have been given a copy of this agreement and agree to abide by the rules of membership. You also acknowledge and agree that you are medically sound to undertake a normal course of exercise, you use the club facilities at your sole risk and responsibility and you are aware that exercise is physically demanding and participation in some activities may pose a risk to your health.
This document outlines the rights and responsibilities relating to the Member's entitlements during the Membership Period to use of the Centre's facilities. It also relates to the member's authority to FFA Paysmart to directly debit the nominated bank account or credit card for any instalments or fees due under the terms and conditions of this Membership Agreement and the accompanying Direct Debit Request Service Agreement (DDR). These terms are stated below.
In this Agreement unless the contrary intention appears:
a. The singular includes the plural and vice versa.
b. A reference to a party includes that party's legal personal representative heirs and assigns.
c. "Member" includes the parent or guardian of the Member if the Member is under 18 years.
d. "Centre" means the Powerplay Health and Fitness Centre named on the Direct Debit Request (DDR) and Contract that this Agreement refers to.
3. LEGALLY BINDING AGREEMENT
The Member acknowledges and agrees that:
a. The Membership Agreement, Direct Debit Request (DDR) and Contract is legally binding whether the use of the Centre and its services is determined and paid on a yearly, monthly, fortnightly, weekly or individual basis,
b. The membership must remain current in order to avoid paying the joining fee again,
c. They declare that they are physically and medically fit and capable to engage in exercise and fitness programs at the Centre, and have and will inform instructors of any condition or risk that may have an effect on their ability to participate in any exercise or fitness program prior to commencement,
d. They are 18 years of age or older at the time of agreeing to the Membership Agreement, Direct Debit Request (DDR) and Contract, and not under any other legal disability. If not, a parent or adult guardian will sign also.
4. RECEPTION AND ACCESS
a. All Members must swipe or present their card at reception every time they attend the Centre.
b. Members must advise any changes of address and phone number.
c. The facilities are available to the general public and not exclusively for members.
5. GENERAL CONDITIONS OF ENTRY
To ensure the Centre is able to provide a high level of service in a safe, healthy and pleasant environment for all, Members must comply with the following conditions:
a. Entry will be refused or a person requested to leave the Centre if the person: i. is abusive or uses offensive language or whose behaviour is threatening or ii. is under the influence of drugs or alcohol
b. No smoking is permitted in the Centre.
c. No chewing gum permitted in the Centre.
d. Sweat towels must be used at all times.
e. Weights must be returned to their correct place after use.
f. Correct training attire and runners must be worn in the Centre – no jeans, work clothes, boots, sandals, thongs, or clothing that is likely to cause offence to others are permitted.
g. No person under the age of 16 is allowed in the Centre unless accompanied by a guardian or qualified instructor.
h. No food allowed in the gymnasium or group exercise classes.
i. No entry to a group exercise class after the warm-up commences.
6. LOCKERS/PIGEON HOLES (where provided)
a. All items stored in the lockers/pigeon holes are at your risk and we do not accept responsibility for items lost, damaged or stolen
b. Bags are not permitted in the Centre unless placed in the lockers/pigeon holes provided.
7. CANCELLATION / TERMINATION
a. Cooling Off Period:
The Membership Agreement, Direct Debit Request (DDR) and Contract is subject to a 48 hour cooling off period:
i. The cooling off period commences from the date and time of receipt of the confirmation email by the Member "Commencement Date".
ii. The cooling off period is 48 hours.
iii. New Members have the right to cancel their membership within the cooling off period if they are not completely satisfied with the services and programs.
iv. All monies will be refunded on a pro rata basis with the exception of fees for an Administration Fee whichever is the lesser of up to 10% of the Membership Fee or $35.
v. All cooling off cancellations must be in writing to the Manager.
b. Permanent Disability:
i. Upon providing written advice of a permanent disability or serious illness, along with a letter from a medical practitioner detailing the disability or illness, the Centre may agree to cancel the membership effective from the day of notice for an Administration Fee of up to 10% of the Membership Fee.
ii. All monies will be refunded with the exception of charges for services already delivered.
c. Direct Debit Membership
i. ALL CANCELLATION REQUESTS MUST IN THE FIRST INSTANCE BE DIRECTED TO THE CENTRE.
1. Cancellations inside the minimum term - The Member may terminate their Membership Agreement before the expiry of the minimum term or payments if all the instalments and fees due up to the date of termination are paid, and in addition the cancellation fee if specified in the Membership Agreement, Direct Debit Request (DDR) and Contract is paid to FFA Paysmart. A Cancellation Fee of $150 applies.
2. Cancellations after completion of the minimum Term - After the expiry of the minimum term or payments, and after all instalments and fees due have been paid in full, should the Membership Agreement, Direct Debit Request (DDR) and Contract specify a fixed term, then the Membership Agreement, DDR and Contract shall automatically terminate. If the fixed term is not specified in the Membership Agreement, Direct Debit Request (DDR) and Contract, then the Membership Agreement, Direct Debit Request (DDR) and Contract shall continue indefinitely until such time as the Member makes a request in writing, after the expiry of the minimum term for it to terminate. Any instalments/fees due at the date of termination (including instalments/ fees which fall due during the notice period) will remain a debt owed to and recoverable by FFA Paysmart. There will be a period of notice of 30 days unless otherwise specified by the Centre between the date of request and the date of actual termination during which any payments due must still be paid in full. The Member should contact FFA Paysmart if they have not received written confirmation of the termination within the 30 day period. The Member shall not consider that the Membership Agreement, Direct Debit Request (DDR) and Contract has been terminated until such time as this is confirmed in writing to the Member by FFA Paysmart (not more than 14 days after the termination date). Termination of the Membership Agreement, Direct Debit Request (DDR) and Contract will also terminate the Direct Debit Request Authority.
8. TRANSFER OF MEMBERSHIP BY THE MEMBER
Transfer of membership will only be permitted from a Member to a non member and will incur a Transfer Fee of $55. If paying by Direct Debit, this fee is payable to the Centre
9. REPLACEMENT CARD FEE
If a Membership Card/Tag is lost, destroyed or damaged and requires replacement a Replacement Card/Tag Fee of $15 payable to the Centre will apply.
10. ADDITIONAL FEES FOR SPECIAL SERVICES
Some services require an additional fee and these include personal training, crèche, small group training and group fitness classes, unless the aforementioned services are included to be delivered as part of the membership agreement.
11. DAMAGE TO THE CENTRE
Any Member who wilfully or through their negligence damages the Centre or its property will pay for the damage. Members are responsible for damages caused by their guests and children.
12. SAFETY, MAINTENANCE & SERVICE DEMAND
The Centre may from time to time as reasonably necessary:
a. close off any part of the premises or isolate any piece of equipment for maintenance or safety reasons;
b. change the hours of opening and closing or alter class timetables in accordance with demand; or
c. vary Centre rules.
Where this occurs the Centre will provide reasonable notice on the Centre notice boards or at reception.
13. DAMAGE & PERSONAL INJURY
To the extent permitted by law, the Centre and FFA Paysmart excludes any liability to the Member in Membership Agreement, tort, statute or in any other way for any injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by the Member and/or any other person, or for any costs, charges or expenses incurred by the Member, arising from or in connection with the Membership Agreement, Direct Debit Request (DDR) and Contract and/or the services/products provided by the Centre and/or FFA Paysmart, and/or any act or omission of the Centre and/or FFA Paysmart.
Warning under the Fair Trading Act 1999
a. If you participate in these activities your rights to sue the supplier under the Fair Trading Act 1999 if you are killed or injured because the activities were not supplied with due care and skill or were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in or on this notice/appointment.
NOTE:The change to your rights, as set out in or on this notice, does not apply if your death or injury is due to gross negligence on the supplier's part. "Gross negligence" is defined in the Fair Trading (Recreational Services) Regulations 2004.
b. Under the provisions of the Fair Trading Act 1999 several conditions are implied into Membership Agreements for the supply of certain goods and services. These conditions mean that the supplier named on this form is required to ensure that the recreational services it supplies to you are
*rendered with due care and skill; and
*as fit for the purpose for which they are commonly bought as it is reasonable to expect in the circumstances; and
*reasonably fit for any particular purpose or might reasonably be expected to achieve any result you have made known to the supplier.
Under section 32N of the Fair Trading Act 1999, the supplier is entitled to ask you to agree that these conditions do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Fair Trading Act 1999 if you are killed or injured because the services were not rendered with due care and skill or they were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in this form.
In the event any part of the Membership Agreement, Direct Debit Request (DDR) and Contract being or becoming void or unenforceable then that part shall be severed from the Membership Agreement , Direct Debit Request (DDR) and Contract with the intention that the balance of the Membership Agreement, Direct Debit Request (DDR) and Contract shall remain in full force and effect, unaffected by the severance.
Suspension may be possible under the terms of the Membership Agreement, Direct Debit Request (DDR) and Contract. You may suspend for a minimum of 1 week at a time so long as the total time suspended within the minimum term does not exceed 8 weeks. In order to suspend you must contact the Centre manager and submit a completed suspension form with reasonable notice (at least 3 days) prior to the date of suspension. There is a charge of $5.00 per week dependant on the type of membership while the Agreement is suspended. Any time spent on suspension will be added onto the minimum term of the Agreement so that the amount payable shall still be payable regardless of any suspension or suspension charges made.
16. BREACH OF TERMS & CONDITIONS
Any breach of these terms and conditions will result in a warning and any further breach will result in a second warning and your membership may be suspended or terminated. A proven serious breach of the general conditions of entry under Clause 5 may result in immediate termination of your membership without warning or refund of fees. The Member, FFA Paysmart and the Centre each hold reciprocal rights of termination for a material breach of any term or condition of this Membership Agreement. The Membership Agreement will be terminated upon receipt of written notice outlining the relevant breach.
17. TRANSFER OF MEMBERSHIP BY THE CENTRE
a. The Centre will have the right to assign or novate the Membership Agreement to a third party in the event of the sale of the business.
b. The Centre may relocate to another premise within a 5 kilometre radius and the location at which the services are provided may change during the term of the agreement. In the event of a) or b) occurring you agree that the Membership Agreement, Direct Debit Request (DDR) and Contract will continue with the new third party and/or at the new location.
18. PAYMENTS BY DIRECT DEBIT
If paying by Direct Debit the Member agrees to pay the instalment amount at the agreed payment frequency until the Membership Agreement, Direct Debit Request (DDR) and Contract is terminated in accordance with Clause 7 above. Should there be any arrears in payments the Member authorises FFA Paysmart to debit the outstanding balance in order to bring the account up to date.
19. ADMINISTRATION FEE (DIRECT DEBIT)
If paying by Direct Debit, a one-off Administration Fee of the value indicated on the face of the Contract is payable to FFA Paysmart by the Member on completion of the Membership Agreement, Direct Debit Request (DDR) and Contract. This fee is split, $5.50 to FFA Paysmart, the remainder to the Club.
A Customer's "personal information" (as that term is defined in the Privacy Act 1988 (Cth)) will only be used by the Centre or FFA Paysmart to provide you with the services contemplated by the Membership Agreement, Direct Debit Request (DDR) and Contract. . FFA Paysmart' Privacy Statement is to be found on its website www.ffapaysmart.com.au. The Centre's Privacy Statement can be obtained from the Centre.
21. CREDIT/DEBT REPORTING AGENCIES
If paying by Direct Debit, upon default by the Member in regard to any obligation under the Membership Agreement, Direct Debit Request (DDR) and Contract and failure to remedy the default after notification by FFA Paysmart, the Member authorises FFA Paysmart to notify any debt collection/credit reporting agency of the default. Should this occur then at FFA Paysmart' sole discretion it may terminate the Membership Agreement at which time the full outstanding balance for the remainder of the minimum term or payments (including any current arrears) shall be due in full. The Member authorises FFA Paysmart to add to the outstanding debt a fee of $50 and an amount equivalent to 25% of the full outstanding balance (being FFA Paysmart' expenses reasonably incurred in collecting the debt) upon initial referral to the debt collection/credit reporting agency.
22. INCREASE IN FEES
If paying by Direct Debit, FFA Paysmart may at any time AFTER the end of the minimum term, upon sending written notice to the Member's last known address and giving 14 days notice, increase the instalment amount. If the Member wishes to terminate the Membership Agreement, Direct Debit Request (DDR) and Contract as a result of the increase in the instalment amount, the Member must notify FFA Paysmart in writing within 14 days of the date of the written notice sent by FFA Paysmart. The Membership Agreement will be terminated upon receipt of this notice. If the Member does not notify FFA Paysmart of its intention to terminate the Membership Agreement, Direct Debit Request (DDR) and Contract within such specified time period, then the Membership Agreement, Direct Debit Request (DDR) and Contract will remain in force and the increase in the instalment amount will be deemed to be accepted by the Member.
23. ENTIRE AGREEMENT
The Membership Agreement, Direct Debit Request (DDR) and Contract, constitute the entire agreement, understanding and arrangement (express and implied) between the Member, the Centre and FFA Paysmart relating to the subject matter of the Membership Agreement, Direct Debit Request (DDR) and Contract and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.
24. STATE SPECIFIC CONDITIONS (WESTERN AUSTRALIAN )
Clause 7.a is presented as follows:
The Direct Debit Request (DDR) and Contract is subject to a 48 hour cooling off period
Clause 7.c.i.2 is presented as follows:
Cancellations after completion of the minimum term - After the expiry of the minimum term or payments, and after all instalments and fees due have been paid in full, should the Direct Debit Request (DDR) and Contract specify a minimum term, then the DDR and Contract shall automatically terminate. If there is no minimum term stated, then;
this is an ongoing membership agreement. The agreement will continue until either you or the supplier terminates it in the way described in the agreement. If an automatic debit arrangement is in place, membership fees will continue to be debited from your credit card or account until you or your fitness centre cancels the arrangement by notifying your bank or credit provider. If you terminate the agreement or stop the automatic debit arrangement in a manner not described in the agreement, then you may be liable to the fitness centre for damages for breach contract.
Any instalments/fees due at the date of termination (including instalments/ fees which fall due during the notice period) will remain a debt owed to and recoverable by FFA Paysmart. There will be a period of notice of 30 days unless otherwise specified by the Centre between the date of request and the date of actual termination during which any payments due must still be paid in full. The Member should contact FFA Paysmart if they have not received written confirmation of the termination within the 30 day period. The Member shall not consider that the Membership Agreement, (DDR) and Contract has been terminated until such time as this is confirmed in writing to the Member by FFA Paysmart (not more than 14 days after the termination date). Termination of the Membership Agreement, Direct Debit Request (DDR) and Contract will also terminate the Direct Debit Request Authority.
25. POWERPLAY 24/7 MEMBERS ADDITIONAL CONDITIONS
a. I fully understand and accept that if I provide access to the gym for a non-member or a member who has lost or damaged their FOB (Access Card) that I will be charged a $250.00 penalty which will be automatically debited from my bank account or credit card. I understand that this policy is applicable regardless of whether the person I provide access to exercises or not.
Tailgating is prohibited. (e.g.: allowing an unauthorized person into the gym facility)
Please be aware we have the latest monitoring technology - Door Detective. This device can detect the entry of more than one person through the door at any one time.
A Tailgating penalty of $250.00 will apply to the authorized body. This regulation is set in place to ensure the comfort and safety for all POWERPLAY gym members.
b. I fully understand and accept that if I intentionally activate a Duress Button or a Personal Duress Lanyard with no reason or for a reason that is deemed not appropriate by PowerPlay Health and Fitness that I will be charged a $250.00 penalty which will be automatically debited from my bank account or credit card.
c. I am fully aware that PowerPlay Health and Fitness is equipped with Video Surveillance technology which is constantly recording for the security of the gym and that the Video Surveillance can be remotely viewed at any time by the gyms operator and/or security provider.
d. I acknowledge that I am aware of the inherent risks of injury or ill health resulting from use of the services and from participation in exercise generally. In consideration of participation in activities within PowerPlay Health and Fitness, I agree to release and indemnify PowerPlay Health and Fitness and any company associated with PowerPlay Health and Fitness. I agree to participate in all activities at my own risk and responsibility whether supervised or not by staff. I agree to release and hold harmless PowerPlay Health and Fitness, its staff and any associated parties from and against all actions, which may be bought by me or on behalf of me in respect of any incident arising out of injury, loss, damage or death caused to me or my property in any way what so ever.
e. As a member of PowerPlay Health and Fitness you are entitled to a complimentary facility and fitness induction which is recommended. During this session they will teach you how to use all of the relevant equipment in a safe and effective way. In signing this agreement register you recognise that this service has been offered to you and that you have either accepted or declined
STATEMENT: (This effects your legal rights): I understand that this gym is not able to provide me with medical advice with regards to my medical fitness and that this information is used as a guideline to the limitations of my ability to exercise. I will not hold this gym liable in any way for any injuries that may occur while I am on these premises, apart from any normal public liability applicable as per normal daily operation of this gym.