Terms and Conditions
This document along with the Fitbase Membership Application, the Collection Notice and the Rules of Conduct, (collectively the Membership Agreement) set out the rights and responsibilities of the Member and Fitbase@Cranbourne Pty Ltd (“Fitbase”, “we” and “us”) in regards to the use of the Fitbase gym facilities (“the Centre”). “Member” or “you” refers to the person named as the applicant on the Fitbase Membership Application.
The Member must complete a Fitbase Membership Application when joining as a Member. Entry to the Centre requires production of a valid membership card. If the membership card is lost or stolen, a new card may be purchased for the cost of $6.00. Only the Member may use their membership card. In the event that the Member’s membership card is used by a person who is not a member of Fitbase, the Member will be charged the amount of $75 and the Member’s membership will be suspended until payment is made. If the Member wishes to access the Centre outside the reception hours, a 24/7 security pass must be purchased for a one off cost of $75. If the 24/7 security card is lost or stolen a new card may be purchased for $50. Members who are under 18 years of age are not eligible for 24/7 access. Memberships may not be transferred without the written consent of Fitbase. An administration fee may apply.
The categories of membership are as follows:
Prepaid fixed term membership: Members pay in advance for a fixed period membership. Minimum term automatic termination: Members may elect from a 1 or 12 month minimum term. The membership will automatically terminate at the end of the minimum term. Minimum term automatic renewal: Members may elect from a 1 or 12 month, minimum term. Members may elect to automatically renew the membership at the end of the minimum term. The membership will continue on an on-going periodic basis. Personal Training Membership: includes a membership plus 1 half hour personal training session per week, or membership plus 2 half hour PTs per week, both with a minimum term of 3 months. The Centre may close for public holidays and for short periods of time in response to issues of health and safety. In such cases the Member will
not be entitled to a refund.
Members must pay for their membership in the amount specified in the Fitbase Membership Application. Prepaid fixed term memberships: The Member may choose to pay by cash, eftpos or credit card. Periodic payments for term memberships: The Member may pay their periodic fees through the direct debit services of DebitSuccess Pty Ltd (“DirectSuccess”). DebitSuccess is a direct debit service provider. If paying through DebitSuccess the Member must agree to the terms and conditions of the DebitSuccess Contract and DebitSuccess Direct Debit Request (DDR) Service Agreement.
If the Member refers a person to Fitbase for membership and that person applies for a full Fitbase membership with a term of no less than 12 months, the Member will be entitled, subject to approval by a Fitbase manager, 2 weeks free access to the Centre. If the referred member cancels their membership within the cooling off period, any unused free access time will be forfeited by the Member.
Cooling off period: this Membership Agreement is subject to a cooling off period of 7 days from the date this Membership Agreement is signed. Members may cancel during the cooling off period by written notice and will be refunded any payments made minus fees for services used and an administration fee of $50.00.
Termination by the Member:
The Member may terminate this Membership Agreement outside the minimum term by providing 30 days written notice. All fees up to the date of termination (including fees due during the notice period) must be paid. The Member may cancel this Membership Agreement during a minimum term by 30 days written notice and payment of a $150.00 termination fee. All fees up to the date of termination (including fees due during the notice period) must be paid. The Member will not be required to pay out the remainder of the minimum term. If the Member incurs a physical incapacity that prevents use of the facilities at the Centre, the Member may terminate this Membership Agreement with immediate effect by providing a medical certificate and payment. If membership agreement is within minimum term, a payment of a $75.00 termination fee will be incurred. Members who have a prepaid membership will be entitled to a refund of fees that were paid in relation to the period after the date of termination. The Member will not be required to pay the termination fee in circumstances where the Member wishes to terminate due to a breach of this Membership Agreement by Fitbase and Fitbase fails to remedy the breach after 30 days notice. In circumstances where Fitbase is in material breach of this Membership Agreement, the Member may terminate with immediate effect and will not be required to pay the termination fee. In the circumstances outlined above in Members who have a prepaid membership will be entitled to a refund of fees that were paid in relation to the period after the date of termination.
Termination by Fitbase:
Fitbase may terminate this Membership agreement in circumstances where the member is in breach of this Membership Agreement and fails to remedy the breach after 30 days notice. The Member will be refused entry to the Centre until such time that the breach is remedied or the Membership Agreement is terminated. In circumstances where the Member is in material breach of this Membership Agreement (including the Club Rules) Fitbase may terminate with immediate effect and expel the Member from the Centre’s premises. Fitbase may terminate this Membership Agreement for any other reason that is reasonably necessary to protect the legitimate interests of the business by giving 30 days written notice. Valid termination of this Membership Agreement will constitute termination of the DebitSuccess Contract and DDR Service Agreement.
Fitbase may allow members to suspend their membership for a specified period for a fee of $2.50 per week of suspension. Prepaid or minimum term memberships will be extended for the amount of time equivalent to the period of suspension. The direct debit minimum term payment instalments will be suspended during the period of suspension and will resume once the period of suspension is finished. The member must complete and sign a Membership Suspension Form and pay the suspension fee. Suspension for medical reasons will attract no charge upon presentation of a medical certificate.
PAYMENT DEFAULT AND LATE FEES
Failure to pay fees when due (“Payment Default”) will result is a $10.00 late fee. If the Member makes payments through direct debit, $10.00 will be deducted from the Member’s account. The outstanding fees may be drawn down by Debit Success at the next periodic payment date. Fitbase or Debit Success will give the Member notice of the Payment Default. If the Member is under 18 years of age, the Parent/Guardian must signthe Fitbase Membership Application before the commencement of the membership and will be liable for payment. If the Member fails to remedy the Payment Default within 30 days of receiving notice from Fitbase or DebitSuccess then this will constitute a material breach of this Membership Agreement and Fitbase will be entitled to terminate this contract immediately. All fees and outstanding payments up to the date of termination will become immediately due. The Member will pay any costs incurred by Fitbase in collecting money, including any collection agency costs, court costs, solicitor’s fees and interest at the rate as specified by the Attorney General from time to time in accordance with section 2 of the Penalty Interest Rates Act 1983 (Vic).
REPRESENTATIONS AND ACKNOWLEDGEMENTS BY MEMBER
The Member agrees as at the date of entry into this Membership Agreement and at each time the Member enters the Centre, that the Member:
- is in good physical condition; and
- has no impairment that would prevent them from, or cause injury to them by virtue of, using the equipment at the Centre.
The Member acknowledges and agrees that:
- Fitbase staff are not medically trained and cannot access whether a Member is in good physical condition, The Centre strongly advises the Member to obtain expert advice prior to commencing their Membership;
- certain areas within the Centre are designated for use by females exclusively and if the Member is male, the Member will have no right of access to this section at any time. Failure to comply with this requirement will result in the cancellation of membership and forfeiture of any fees paid; and
ADDITIONAL TERMS FOR AFTER HOURS ACCESS
The Member acknowledges that they may attend the Centre during periods where there will be no staff supervision or assistance. The times when there will be no staff supervision or assistance will be published on the Centre website and on the doors to the Centre entry. These times may be amended from time to time without notice to the Member.
The Member further acknowledges and agrees that:
- they understand and accept the risks associated with using the Centre’s facilities while it is staff-unsupervised;
- if the Member has lost their membership card, they will not be granted access to the Centre during staff-unsupervised hours;
- the panic buttons located within the Centre are for emergency use only during staff-unsupervised hours. Any improper use of the panic button by the Member that causes any emergency call out will result in a charge of $350 to the Member and the Member’s membership will be suspended until payment is made;
- the Member may not bring anyone who is not a member of Fitbase to the Centre during staff-unsupervised periods. Breach of this provision will result in immediate cancellation of the Member’s membership and forfeiture of any membership fees paid.
MEMBERS WHO ARE UNDER 18 YEARS OLD
Members under 18 years of age can only access the Centre between the hours of 5am and 11pm Monday to Friday and 6am to 10pm Saturday to Sunday. Parents or guardians (as applicable) of Members under 18 years of age will be responsible for the actions and behaviour of the Member at all times while they are at the Centre. One parent or guardian (as applicable) of the underage Member must sign the Fitbase Membership Application on the Member’s behalf.
VARIATION OF TERMS
Fitbase may vary the fees due under this Membership Agreement by providing 30 days written notice to the Member. In such circumstances the Member may immediately terminate this Membership Agreement without penalty by giving written notice before the end of the 30 day notice period. Fitbase may elect to change the location of the Centre during the period of this Contract to a new site within 5 km of the Centre’s current site. The Member should notify Fitbase if it is inconvenient to continue under this Membership Agreement, and Fitbase may determine in appropriate circumstances to waive the applicable termination fees. Fitbase may from time to time vary the terms and conditions of this Membership Agreement in respect of its operation hours, Rules of Conduct and provision of services if it is reasonably necessary to protect the legitimate interests of its business to do so.
LIABILITY OF FITBASE
To the extent permitted by law, Fitbase excludes any liability to the Member in contract, tort, statute or otherwise for any injury, damage or loss of any kind whatsoever (including consequential loss) 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 this Membership Agreement and/or the services provided by Fitbase to the Member. The Member acknowledges and agrees that they are solely responsible for the care of their property while at the Centre and Fitbase accepts no liability for any loss or damage to any property. The Member agrees to release, indemnify and hold harmless, to the fullest extent permitted by law, Fitbase, its officers and employees, against and from all expenses, damages, costs, liabilities, claims, actions, proceedings, damages, judgments and losses of any kind whatsoever arising out of, caused by or attributable to or resulting from any accident, damage to property, injury or death to any person occurring at the Centre, or in the vicinity of the Centre, or as a result of a use of the facilities and/or services and/or equipment provided by Fitbase at the Centre, except to the extent caused by Fitbase’s gross negligence.
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING
ACT 2012: Under the provisions of the Australian Consumer Law (Victoria) several statutory guarantees apply to the supply of certain goods and services. These guarantees 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
- are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
- might reasonably be expected to achieve any result you have made known to the supplier.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you.
If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form. NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
LIABILITY OF MEMBER
The Member is liable for any damage to property on the Centre’s premises that is caused, directly or indirectly, by themselves or their guests.
All notices sent by Fitbase to a Member in accordance with these terms shall be to the address or email set out on the application form and it is the obligation of the member to advise Fitbase of any change in address, email or other personal particulars. The Member may provide notice by handing a written notice to reception at the Centre. The Member should take care to ensure that the notice is duly received to avoid issues arising as to the date of notice.
Fitbase intends to rely upon the written terms set out in the Membership Agreement as embodying the entire agreement and understanding between Fitbase and the Member concerning its subject matter. If the Member requires any changes, they should ensure that they ask for these to be put in writing.