Terms and Conditions

Membership Terms & Conditions

1. INTRODUCTION

1.1. This document outlines the rights and responsibilities relating to the Member’s entitlements during the Membership Period for use of the gym located at 1-2 / 460 Canning Hwy, Como; trading as both Como Health and Fitness Centre and Como Fitness 24/7 (Como Fitness 24/7).
1.2. It also relates to the member’s authority to Debit Success Pty Ltd 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 DDR overleaf. These terms are stated below.

2. DEFINITIONS

In this Agreement unless the contrary intention appears:
2.1. The singular includes the plural and vice versa. A reference to a party includes that party’s legal personal representative heirs and assigns.
2.2. “Access Fob” means the Como Fitness 24/7 members access tag and includes both the 24/7 access tag and class admission only tag.
2.3. “Centre” means the Como Health & Fitness Centre and/or Como fitness 24/7 named on the Direct Debit Request (DDR) and Contract that this booklet refers to “Debit Success” is the direct debit provider. Website www.debitsuccess.com.au.
2.4. All queries and comments regarding the management of Como fitness 24/7 are to be direct to Como fitness 24/7.
2.5. All matters provided under this Membership Agreement should be directed to Debit Success and/or Como Fitness 24/7.
2.6. All queries and comments about the direct debit billing service should be directed to Debit Success. The Member acknowledges that Debit Success has been engaged by the Centre to collect the fees due under this Membership Agreement if paying by way of direct debit, and also acknowledges that all rights of the Centre under this Membership Agreement are able to be enforced by Debit Success as if it were the Centre without any involvement on the part of the Centre or the consent of the Member.

3. LEGALLY BINDING AGREEMENT

The Member acknowledges and agrees that:
3.1. The 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 or individual basis. The membership must remain current in order to avoid possibly paying the joining fee again. Members declare at time of signing 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.
3.2. That the member is 18 years of age or older at the time of signing and not under any other legal disability. If not, a parent or adult guardian will be required to co-sign.

3.3. The Como Fitness 24/7 Membership form and/or Assessment form does not provide advice on a particular matter, nor does it substitute for advice from an appropriately qualified medical professional. No warranty of safety should result from its use. The screening system in no way guarantees against injury or death.
3.4. No responsibility or liability whatsoever can be accepted by the Centre for any loss, damage or injury that may arise from any person acting on any statement or information contained in this tool.
3.5. If you answered “YES” to any of the questions, please seek guidance from your GP or appropriate allied health professional prior to undertaking physical activity/exercise.
3.6. If you answered “NO” to all of the questions, and you have no other concerns about your health, you may proceed to undertake light-moderate intensity physical activity/exercise.
3.7. The member acknowledges and agrees to the best of their knowledge, that all of their information supplied to Centre is correct.

4. RECEPTION AND ACCESS

4.1. All members must swipe or present their Access Fob at reception every time they attend the Centre including outside staffed hours if provided.
4.2. At no stage are you permitted to give your Access Fob to non-members to allow them to access the Centre.
4.3. If a member would like to train with a non-member they must attend within staffed hours and the non-member must pay the casual membership rate.
4.4. When scanning your Access Fob upon entry outside staffed hours (if provided) you will have a limited amount of time to enter. If this opportunity is missed a second scan will not be able to be done for a period of 5 minutes.
4.5. You are prohibited to let in a non-member or to be let into the Centre by another member when attempting access during non-staffed hours.
4.6. Members must advise any changes of address and contact details including mobile and telephone numbers and email address.
4.7. The facilities are NOT available to the general public and are exclusively for members use only.
4.8. To use the Centre your account must be valid and up to date. Overdue payments can be made directly at the Centre or by calling Debit Success; after when payment is processed the Centre may be used again by the member.
4.9. As a 24/7 fitness centre, all members of Como Fitness 24/7 are under constant video surveillance whilst in the Centre except in the change rooms.

5. GENERAL CONDITIONS OF ENTRY

5.1. 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:
5.2. Entry will be refused or a person requested to leave the Centre if the person:
5.3. is abusive or uses offensive language or whose behavior is threatening, or
5.4. is under the influence of drugs or alcohol
5.5. No smoking is permitted in the Centre
5.6. No chewing gum permitted in the Centre
5.7. Sweat towels must be used at all times.
5.8. Weights must be returned to their correct place after use.
work clothes, boots, sandals, thongs or clothing that is likely to cause offence to others, are permitted.
5.10. Personal hygiene must be followed and management has the right to address any member or refuse entry to any member who may be impacting the comfort of other members due to their own personal hygiene or offensive odours.
5.11. No person under the age of 16 is allowed in the Centre unless written consent is given by parent or guardian. Members between the age of 16 and 18 may train in the facility without a parent/guardian during staffed hours only. If outside staffed hours they must be accompanied by a parent/guardian or qualified instructor.
5.12. No food allowed in the gym or group exercise classes.

6. CANCELLATION / TERMINATION

6.1. Direct Debit Membership

6.1.1. Cooling Off Period – All memberships including The Direct Debit Request (DDR) and Contract is subject to a 48 hour cooling off period.
6.1.2. The cooling off period commences from the signing of the membership agreement.
6.1.3. The cooling off period ends after the 48 hours post signing of the membership agreement.
6.1.4. 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.
6.1.5. All monies will be refunded on a pro rata basis with the exception of an Administration Fee ($120.00).
6.1.6. All cooling off cancellations must be in writing to the Manager as per Clause 7.1.

7. CANCELLATION PROCEDURE

7.1. You must cancel your agreement in one of the following ways:

7.1.1. By attending the Centre in person and filling in a cancellation form during staffed hours (which are between Mon – Fri 8am-6.30pm, Fri 8am-1pm and Sat 9am-12pm).
7.1.2. By sending an email (which includes your full name and address) to contact@comofitness.com.au;
7.1.3. By posting a letter (which includes your full name and address) to 1-2/460 Canning Hwy Como WA 6152
7.1.4. Email and post can sometimes be unreliable. THE CENTRE THEREFORE REQUESTS THAT THE MEMBER ATTEND IN PERSON TO CANCEL THEIR MEMBERSHIP. Alternately, we ask members to call the Centre to confirm said letter or email has been received.
7.1.5. If we do not receive your email or letter, your membership will not be cancelled. Members not able to or NOT wishing not to attend in person at the Centre will be charged an Administration Fee of $55.00 IN ADDITION TO THE 28 day cancellation period.

7.2. Cancellations inside the Minimum Term.

7.2.1. The Member may terminate their Membership Agreement before the expiry of the minimum term or payment if all the instalments and fees due up to the date of termination (which outstanding fees remain owing to the Centre), by paying the cancellation fee specified on the front of the Direct Debit Request (DDR) and Contract to Debit Success.
7.2.2. The Direct Debit Request DDR and Contract may be cancelled upon payment of either:
7.2.2.1. the costs the Centre has incurred in establishing and operating the Membership which the Centre assesses as $150.00, or
7.2.2.2. the payment of the balance of the Membership Fees, whichever is the lesser.

7.2.3. 28 days’ notice is required for cancellation of all memberships including cancellations inside Minimum Term.

7.3. Cancellations after completion of the Minimum Term.

7.3.1. After the expiry of the minimum term or payment, and after all instalments and fees due have been paid in full, the Direct Debit Request Contract shall continue indefinitely until such time as the Member makes a cancellation request (following the conditions in Clause 7.1 above) after the expiry of the minimum term for it to terminate.
7.3.2. 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 Debit Success.
7.3.3. There will be a period of notice of 28 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 Debit Success if they have not received written confirmation of the termination within the 28 day period.
7.3.4. The Member shall not consider that the Direct Debit Request (DDR) and Contract has been terminated until such time as this is confirmed in writing to the Member by Debit Success (not more than 14 days after the termination date).
7.3.5. Termination of the Direct Debit Request (DDR) and Contract will also terminate the Direct Debit Request Authority.

7.4. Paid in Full Memberships

7.4.1. If you decide to pay your membership in full there will be no refunds available if you wish to terminate your membership prior to the end of your agreement.
7.4.2. If you purchase an upfront membership you have the ability to transfer the remaining time on your membership’s agreement to another person for a set fee as outlined below under Clause 9.
7.4.3. Paid in full memberships cannot be transferred between Como Fitness 24/7 and any other fitness centre at any time.
7.4.4. We agree and will refund any paid in full memberships or any other fees that the law requires.

7.5. Permanent Disability

7.5.1. 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 $120.00 or the balance of the unused portion of the membership whichever is the lesser.

8. SUSPENSION (HOLD)

8.1. All members are required to complete a SUSPENSION FORM in person at the Centre as supplied by Como Fitness 24/7.

8.2. Suspensions apply as follows:

8.2.1. Three (3) month up front membership or the first 3 months of a direct debit membership- NO suspension is applicable.
8.2.2. Six (6) month Up front membership – A maximum of 4 weeks is applicable.
8.2.3. Twelve (12) month upfront membership – A maximum of eight (8) weeks is applicable.
8.2.4. You may suspend for a minimum of 2 weeks at a time so long as the total time suspended within a 12 month period is a maximum of eight (8) weeks.
8.2.5. Administration fees – ALL membership suspensions attract an administration fee:
8.2.6. Direct debit memberships – $3.50 per week (or part thereof).
8.2.7. Upfront membership – a one off administration fee at the discretion of the manager.
8.2.8. Members requesting a membership suspension for medical reason are required to provide a medical certificate.
8.2.9. Request for suspensions for medical reasons are at the discretion of the management.
8.2.10. The waiving of suspension administration fees for medical reasons are at the discretion of management.

8.3. The Suspension Form is NOT complete without the members and a staff member’s signature.
8.4. PRICE MATCH or ANY SPECIAL OFFER memberships CANNOT be placed on SUSPENSION.
8.5. Any time spent on suspension will be added onto the minimum term of the membership agreement so that the amount payable shall still be payable regardless of any suspension or suspension charges made.

9. TRANSFER OF MEMBERSHIP BY THE MEMBER

9.1. Transfer of membership will be by agreement of the Manager of the Centre and will incur a Transfer Fee of $55. This fee is payable to the Centre.

10. REPLACEMENT ACCESS FOB

10.1. If an Access Fob is lost, destroyed or damaged and requires replacement; a fee of $35.00 applies.

11. ADDITIONAL FEES FOR SPECIAL SERVICES

11.1. Some services require an additional fee and these include personal training or exercise physiology services.

12. DAMAGE TO THE CENTRE

12.1. Any Member who willfully or through personal negligence damages the Centre or its property will be liable to pay for the damage. Members are responsible for damages caused by their guests and children.

13. SAFETY, MAINTENANCE & SERVICE DEMAND

13.1. The Centre may from time to time as reasonably necessary close off any part of the Centre or isolate any piece of equipment for maintenance, cleaning or safety reasons.
13.2. Management may change the hours of opening and closing or alter class timetables in accordance with demand; or vary Centre rules.
13.3. Where this occurs the Centre will provide reasonable notice on the Centre notice boards, on the website, via text message, via newsletters, the Centre’s Facebook page, and/or at reception.

14. DAMAGE & PERSONAL INJURY

Disclaimer

14.1.1. To the extent permitted by law, the Centre and Debit Success exclude any liability to the Member in the 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 Direct Debit Request (DDR) and Contract and/or the services/products provided by the Centre and/or Debit Success, and/or any act or omission of the Centre and/or Debit Success.

15. SEVERABILITY

15.1. In the event any part of this Direct Debit Request (DDR) and Contract being or becoming void or unenforceable then that part shall be severed from the Direct Debit Request (DDR) and Contract with the intention that the balance of the Direct Debit Request (DDR) and Contract shall remain in full force and effect, unaffected by the severance.

16. BREACH OF TERMS & CONDITIONS

16.1. Any breach of these terms and conditions will result in a warning and any further breach will result in a second warning and a membership may be suspended or terminated.
16.2. A proven serious breach of the general conditions of entry may result in immediate termination of a membership without warning.
16.3. The Member, Debit Success and the Centre each hold reciprocal rights of termination for a material breach of any term or condition of this Membership Agreement.
16.4. The Membership Agreement will be terminated upon receipt of written notice outlining the relevant breach.

17. TRANSFER OF MEMBERSHIP BY THE CENTRE

17.1. 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.
17.2. 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 this Membership Agreement.
17.3. In the event of any the above occurring, members agree that the Direct Debit Request (DDR) and Contract will continue with the new third party and/or at the new location.

18. PAYMENTS BY DIRECT DEBIT

18.1. If paying by Direct Debit the Member agrees to pay the instalment amount at the agreed payment frequency until the Direct Debit Request (DDR) and Contract is terminated in accordance with information under 7.1. Should there be any arrears in payments the Member authorizes Debit Success to debit the outstanding balance in order to bring the account up to date.
18.2. Please note structure of fees payable by client as follows:

18.2.1. *Bank Account Transaction Fee: $0.66
18.2.2. *Visa / MasterCard: 2.0% (not incl GST) or a minimum of $0.66

18.3. Como Fitness 24/7 no longer accept American Express (AMEX) for direct debit or any upfront sales.
18.4. Dishonour fee: $10.00 – A Debit Success charge in the event of a failed payment due to insufficient funds.

19. PRIVACY

19.1. A Customer’s “personal information” (as that term is defined in the Privacy Act 1988 (Cwth)) will only be used by the Centre or Debit Success to provide the member with the services contemplated by the Direct Debit Request (DDR) and Contract or in accordance with their selection relating to the Privacy disclaimer on the front page of the Direct Debit Request (DDR) and Contract. Debit Success’ Privacy Statement is to be found on its website www.DebitSuccess.com.au
19.2. Unless the member indicates to the contrary, they agree that we may use their personal information for internal marketing purposes. We may use member’s personal information to develop marketing lists and other programs for internal use only so that we may offer members goods and services by mail, telephone, facsimile, email or SMS. If members do not want to be contacted in this manner it is the member’s responsibility to notify the Centre or reply “STOP” to any email or SMS.

20. CREDIT/DEBIT REPORTING AGENCIES

20.1. If paying by Direct Debit, upon default by the Member in regard to any obligation under the Direct Debit Request (DDR) and Contract and failure to remedy the default after notification by Debit Success, the Member authorises Debit Success to notify any debt collection/credit reporting agency of the default.
20.2. Should this occur, it is at Debit Success’ sole discretion to 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.
20.3. The Member authorises Debit Success to add to the outstanding debt a fee of $50 and an amount equivalent to 25% of the full outstanding balance (being Debit Success’ expenses reasonably incurred in collecting the debt) upon initial referral to the debt collection/credit reporting agency.

21. INCREASE IN FEES

21.1. If paying by Direct Debit, Debit Success acting on behalf of Como Fitness 24/7 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.
21.2. If the Member wishes to terminate the Direct Debit Request (DDR) and Contract as a result of the increase in the installment amount, the Member must notify Debit Success in writing within 14 days of the date of the written notice sent by Debit Success.
21.3. The Membership Agreement will be terminated upon receipt of this notice. If the Member does not notify Debit Success of its intention to terminate the Direct Debit Request (DDR) and Contract within such specified time period, then the 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.

22. ENTIRE AGREEMENT

22.1. The Direct Debit Request (DDR) and Contract, constitute the entire agreement, understanding and arrangement (express and implied) between the Member, the Centre and Debit Success relating to the subject matter of the Direct Debit Request (DDR) and Contract and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.

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