THIS AGREEMENT IS SUBJECT TO A 7 DAY COOLING OFF PERIOD
TYPE OF AGREEMENT
No Contract Agreement: Your membership can be ended at any time. One week notice is required.
Direct Debit Information: If an automatic direct debit arrangement is in place, your Membership Fees will continue to be debited from your account until you or we cancel the arrangement by advising your bank or credit provider. If you end this Agreement or stop the automatic debit arrangement in a way not described in this Agreement, you may be liable for damages for breach of contract.
BODY TEMPLE FITNESS CENTRE “US” “OUR”
BODY TEMPLE PTY. LTD.
32 BAY ST., SOUTHPORT 4215 QLD.
MEMBER “YOU” “YOUR”
DATE OF BIRTH:
EMERGENCY CONTACT: PHONE:
If our Club is open, the date you sign this Agreement (unless we agree to a later date).
Cooling Off End
7 days after the Start Date (ending at 11.59 pm on that day)
THE BODY TEMPLE EXPERIENCE ($52.90 per week)
THE OPTIMUM BODY TEMPLE EXPERIENCE ($59.90 per week)
Sign up fee of $49.90 is charged upon signing up.
Payment of Membership Fees (Please choose)
Each fortnight – in advance
Each month (in advance)
I/we have read through this Agreement in full and understand my/our obligations under it.
By signing here, I/we agree to be bound by the provisions of this Agreement.
Member signature: ………………………………………………….. Date: ……………………….
1. JOINING, ACCESS AND RECIPROCITY
When you join our Club, you will need to give us information noted in the Details and provide us with photographic identification.
2.1 If you change your mind after joining, you have 7 days to cool off or cancel your Membership starting on the Start Date. To be effective, you must let us know in writing at any time during this 7 day cooling off period. Your written cancellation can be given to us personally, by post or by e mail. The Joining Fee will be refunded.
3.1 For safety and security reasons you must be at least 18 years old to become a Member.
HEALTH AND SAFETY AND ACCEPTABLE CONDUCT
4.1 When you sign this Agreement and each time you use the Facilities and Services, you must ensure you are in good physical condition and know of no medical or other reason why you should not exercise. If unsure, you should not use the Facilities and Services until you have sought appropriate medical guidance and been given the go-ahead. You agree to give us all relevant personal health and fitness information both before and during the course of any exercise program or other activity. You also agree to complete our Pre-Exercise Questionnaire. In some cases, responses you give will require that you get medical guidance before exercising. You acknowledge that pre-exercise or other screening is no substitute for medical advice and does not guarantee against injury or death.
4.2 You promise that information you give us will be true and accurate and not misleading in any way.
4.3 You must not use the Facilities and Services if you are suffering from any illness, disease, injury or other condition that could be a risk to your health or safety or that of other Members and others. We may suspend or cancel your Membership if we have reason to suspect that you have not complied with clause 4.1
4.4 You may bring a guest into a Club but only if they register with Club staff, pay a Guest Fee and meet our other reasonable conditions. For example, they will need to be the Minimum Age, show photo ID, complete the Pre-Exercise Questionnaire and other standard forms.
5.1 Club Rules apply to everyone using the Facilities and Services. They are usually displayed in the Club.
5.2 Club Rules form part of this Agreement so you must make sure you read, understand and follow them at all times.
5.3 If you break any of the Club Rules we will respond in a way we consider fair and appropriate. For example, in less serious cases, we may give you a warning but in serious cases or where you have repeatedly broken Club Rules we may suspend or cancel your Membership. If your breach causes us or another person costs, loss or damages, you agree to pay for these
5.4 If you behave in a risky or seriously inappropriate way, for example, if you threaten or harass others, damage equipment, distribute or use illicit substances, or train other Members without our authorisation, appropriate action will be taken. For example, your Membership may be immediately suspended or cancelled (with a Cancellation Fee potentially applying), you may be banned from joining our Club and/or we may refer the matter to appropriate authorities. If your conduct causes us or another person costs, loss or damages you agree to pay for these.
5.5 You agree to follow any reasonable direction of Club staff relating to health, safety or security matters or related matters.
6.1 From when you apply for Membership, you will need to provide us with, and we will have access to personal information about you, including information relating to your health and finances. Your personal information will be kept secured in the club.
You must tell us promptly if you change your contact or payment details or if there is a change to other relevant personal information, including anything that may affect health or safety. Consent to use your image You understand that photos, films, videos or audio recordings are sometimes taken of Members for promotional purposes. Your permission will first be obtained if this is done. By signing this Agreement, you agree to allow your image, recording or likeness to be used for any legitimate purpose by us and you assign your rights in any of these materials to BODY TEMPLE PTY LTD.
WHEN YOU CAN END THIS AGREEMENT
7.1 This is an Ongoing Agreement, you can cancel any time by giving us at least 7 days prior written notice.
WHEN WE CAN END THIS AGREEMENT
8.1 In addition to our other rights under this Agreement, we may cancel your Membership if you breach any obligation under this Agreement that can’t be fixed or if you breach an obligation that can be fixed but you do not fix it in a reasonable time. We may cancel your Membership if you become bankrupt or insolvent.
9.1 The Fees you have to pay are set out in the Details. If you do not make any payment when it is due, your Membership may be suspended and you could be refused access to the Club and to Facilities until all outstanding amounts have been paid. Your Membership may also be terminated if any Fees remain unpaid for an extended period. You will still be liable for all unpaid amounts.
9.2 We will charge you the Joining Fee to cover the set up costs for your Membership. This is not refundable except in very limited circumstances related to clause 2.
9.3 This is an Ongoing Agreement, you must pay Membership Fees periodically in advance until your Agreement ends.
If you do not pay a Fee or other amount you owe when due, we can suspend your Membership until all amounts have been paid.
10.1 You must ensure there is enough money in your nominated account on the usual payment, or the next working day if that falls on a day when banks do not process payments.
OUR LIABILITY TO YOU
Under the ACL we guarantee that the services we supply: are provided with due care and skill; are reasonably fit for any purpose you have told us you are using the services for or told us you wish to achieve; and/or are supplied in a reasonable time. Under certain legislative provisions, however, we can ask you to accept some limitations to the ACL guarantees. If you sign this Agreement, you agree, to the extent allowed by section 139A of the CCA, to exclude or modify our liability to you for death or injury from our failure to comply with ACL guarantees. This exclusion does not apply if your death or injury is caused by our “reckless conduct” (as defined in the CCA).
YOUR RESPONSIBILITY FOR DAMAGE
12.1 You agree to pay for any loss or damage to the Club or the Facilities and Services caused by you or your guests through a wilful, wrongful or negligent act or as a result of your, or their, breach of this Agreement.
GENERAL LEGAL MATTERS
13.1 Unexpected events: We are not responsible if Members cannot use our Club because of an event caused by a natural force (such as a fire or a flood) or a road or building closure or something similar beyond our reasonable control.
13.2 Entire agreement: You agree that we have not made any representations or promises that you have relied that are not in this Agreement.