Club Active Dee Why - OPENING june 2022!

Terms & Conditions

1. Contract Formation

A contract is formed once the contract has been signed by you and Club Active accepts it. The laws to the state of New South Wales and the Commonwealth will govern this contract. Club Active has seven (7) days after the formation of the contract to rectify any error or miscalculation in the contract. Club Active reserves the right to accept or decline your contract.

2. Cooling Off Period

After applying for membership, you have a seven (7) day period (“Cooling-off period”) during which you may cancel your membership. Notice must be given in writing. A refund equal to the Membership Fee and any additional amounts paid minus the Welcome Pack Fee and the cost of any fitness services already supplied will be applicable. Normal Club Active membership termination terms apply when terminating your contract after the cooling-off period.

3. Compliance

You must ensure you read, understand and abide by the terms and conditions of the contract as well as any other rules provided by Club Active as required.

4. Membership Entitlement

As soon as a contract is formed, you are bound by the membership terms and conditions. As a member, you are entitled to use the facilities only during the scheduled Club Active opening times. Memberships are non-transferable and fees NON-REFUNDABLE except where otherwise provided.

5. Disclosure of Physical Condition

Provision of a safe and effective exercise program is dependent upon accurate health and fitness profiling. You agree to disclose to Club Active all relevant personal health and fitness information both prior to and during engagement in any exercise program, service or facility we provide to you, as a part of your membership. This is in addition to the initial and any subsequent health consultation, and any relevant information or recommendations provided by your medical or allied health practitioners. You further agree that you will not use Club Active facilities, services, or products whilst you are suffering from any infections or contagious illness, disease or other ailment or whilst you are suffering from any physical condition such as open cuts or sores or minor infections where there is a risk, however small, to other members and guests.

6. Club Active Membership Key

All financial members will be given a Club Active membership key. This key will be enabled for the duration of your Club Active membership and will be required to access the centre and any personalised exercise programs. Entry into Club Active may not be permitted without a valid membership key. Entry without a membership key is at the discretion of staff and upon the production of photo I.D.

You must not lend your membership key or allow any other person to use it – this is a breach of contract and may lead to immediate termination of membership.

NOTE: Replacement keys when lost/stolen will incur a fee of $15. This covers only the cost of the key.

7. Welcome Pack Fee

A one-off Welcome Pack Fee is applicable to all direct debit and fixed term memberships, payable upon joining. This fee is charged to cover your welcome pack and administration costs associated with a new Club Active membership. Please note this fee is NON_REFUNDABLE, including during the cooling-off period.

8. Direct Debit Membership Fees

All direct debit fees are paid fortnightly in advance on every second Tuesday. If your payment is not successful on the due date, you agree that we may continue to, without notice to you, debit your nominated financial institution account until payments are up to date. An initial upfront fee will be charged that is the pro-rata amount of the time remaining in the current debit cycle (if applicable).

NOTE: All direct debit transaction fees (bank account and credit card) charged by financial and direct debit institutions will be surcharged in addition to membership fees.

9. Fixed-term Paid Up Front Membership Fees

All fixed-term membership fees must be paid in full upfront at the commencement of your membership. Fixed-term membership is available for 3, 6 or 12 months. Cash, cheque, debit or credit card payments are accepted. Please note fixed-term membership are NON-REFUNDABLE and non-transferrable.

10. Outstanding Fees

If any membership amount payable is not paid on the due date, access to Club Active may be suspended until such time as payments are up to date. Club Active has the right to refuse entry to members with more than one membership payment outstanding on their account until such time as payments are up to date. Fees charged by direct debit service providers and/or financial institutions for late/dishonoured transactions will be on-charged to the member.

11. Termination – Direct Debit Membership

Direct debit weekly charge amounts are based on an ongoing membership commitment for the minimum 6 or 12-month period chosen.

For ALL direct debit memberships, thirty (30) days written notice is required to terminate your Club Active membership. Your membership will then be cancelled on day thirty-one (31) when it becomes non-financial. The membership can still be used up to and until it becomes nonfinancial.

Direct debit memberships are ongoing for a minimum of the 6 or 12-month period committed to and then until such time as a written cancellation notice is received. A completed Membership Cancellation Request must be given, in person, to a Club Active staff member. Cancellations over the phone or via email will not be accepted. All direct debit memberships are a contract and termination fees are applicable to the specified contract i.e. full direct debit length agreement.

Fees involved in the case of an early membership termination will see you the ‘member’, pay out the remaining amount of your contract. For example, if you joined under the 6-month membership & you request to cancel your membership with 3 months left, you are required to pay the 3 months remaining, i.e. $330. In cases of extreme medical conditions that prohibit the member from physically attending the gym, Club Active may agree to terminate the membership with a reduced cancellation fee – this will be determined on a case by case basis and is entirely at the discretion of Management. If you terminate the contract or stop the automatic debit arrangement in a manner not described in the contract, then you may be liable to Club Active for damages for breach of contract.

NOTE: A membership cannot be cancelled if there are payments outstanding on the account. The membership must be fully financial for a cancellation request to proceed.

12. Termination – Fixed-term Up Front Membership

Fixed-term Up Front membership will be terminated at the close of business on the last day specified on the membership, including any suspension periods, if applicable. Club Active will endeavour to provide written notice of an impending end to a fixed term membership. A two (2) week “grace period” will apply to fixed term memberships for members who wish to renew their membership without incurring an additional Welcome Pack fee, subject to a valid and working membership key.

13. Membership Fee Increases

Club Active reserves the right at any time to increase any or all fees. Reasonable endeavours will be made to provide written notice to your listed address at least one (1) month prior to any such increase. If membership fees are increased and reasonable endeavours have been made to provide prior notice, you hereby authorise Club Active to increase any direct debits to your nominated credit card or bank account. We will not use this right to vary the terms on any special offer, if any, which applies to you.

14. Membership Suspensions

Membership suspensions are only available for Direct Debit Memberships and 12 Month Fixed Term Memberships. Suspensions are not available for 3 and 6 Month Fixed Term Memberships. A membership cannot be placed on suspension if there are payments outstanding on the membership account. The membership must be fully financial for a suspension request to proceed.

15. Change of Personal Details

You agree to inform Club Active of any changes to your personal details including address, contact numbers, email, bank account or credit card details for payment and any other information relevant to your membership.

16. Safety

a) As a member using Club Active you acknowledge that you enter and use the facilities at your own risk.
b) For the safety of people and property inside Club Active, 24-hour CCTV surveillance is recorded live. CCTV coverage is limited to gym floor, reception areas and group fitness room. Consultation rooms and bathrooms are excluded from CCTV coverage.
c) In case of emergency, please follow the Emergency Plan displayed in Club Active, and follow the instructions of Club Active staff.
d) At no time is a member to enter Club Active under the influence of alcohol, illicit drugs and/or medications that state strenuous activity to be avoided on its warning label. Please consult with AEP staff if unsure.
e) Fully qualified and experienced Accredited Exercise Physiologists (AEPs) and/or Gym Supervisors will be available during operational hours to offer assistance and advice.
f) Members must abide by the Member Code of Conduct at all times. This code is supplied via email at the time of becoming a member and available in hard copy from Reception.

17. Misconduct

We reserve the right to refuse entry to any person and have the right to suspend your Club Active membership without warning or notice for any harassment, inappropriate or threatening behaviour including causing wilful damage to equipment in our facility.

18. Breach of Terms and Conditions

Any breach or failure to comply with membership terms and conditions or unreasonable behaviour may result in the immediate suspension or termination of your Club Active membership dependent on the discretion of management.

19. Feedback and Complaints

The primary goal of Club Active is to “change the way you age” by providing an environment for you to be healthier, fitter and more socially active and happy. We remain committed to assisting you with any concerns you may have. Feedback forms are available at reception. Complaints should be directed, in the first instance, to the Club Active Manager who will endeavour to contact you within 7 days to discuss and resolve your complaint. Should you feel that your complaint has not been resolved effectively, you may wish to take up the matter with the Club Active Managing Director.

20. Limitation of Liability, Release and Indemnity

While every effort will be made through the initial induction process and ongoing support and supervision, you agree that it is your responsibility to ensure that you use the equipment and/or facilities correctly. If unsure, please seek the services of Club Active staff.

WARNING: While minimal, there does exist the risk of injury or death while exercising at Club Active. Every effort will be made to provide a safe environment in which to exercise including the provision of appropriate exercise prescription aligned with your physical condition and goals. We will, unless excused from liability by operation of statute, compensate you for death, personal injury, illness or property damage caused by gross negligence on our part and in a manner fit for the purpose which is reasonable to expect in all circumstances. In consideration of the grant of membership to you, entitling you to engage in fitness activities, you hereby otherwise: agree, to the extent permitted by law, to not hold us liable for any actions, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs and expenses however arising that you may have had but for this clause arising from or in connection with your involvement in fitness activities at Club Active or using our facilities, services or products; **You agree that you will indemnify us to the extent permitted by law in respect of all actions, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs or expenses however arising as a result of or in connection with your involvement in fitness activities at Club Active or from using our facilities, services or products.

21. Property Damage

You are responsible for any willful and negligent damages you cause to Club Active facilities/equipment.

22. Assignment

You must not assign any rights or benefits under these Terms and Conditions unless you have obtained our prior written consent. We may assign or transfer any rights or benefits under these Terms and Conditions at any time without notice to you. However, we will remain liable to meet our obligations to you under these Terms and Conditions and the Contract.

23. Intellectual Property

These Terms and Conditions do not give you any intellectual property rights in Club Active, or in our facilities, services or products.

24. Privacy Statement and Acknowledgement

During the process of entering into the Contract with you and during the term of the Contract we will obtain access to your personal information, such as information relating to your health and financial position. We, and the Direct Debit Service Provider, will only use, disclose or deal with such information in accordance with the Club Active Privacy Policy.

25. Variation

Club Active may alter these Terms and Conditions at any time upon thirty (30) days written notice. All use of Club Active facilities, services and products after the date specified in such notice will be subject to such altered Terms and Conditions. If you continue to use Club Active facilities, services and products after the date such alterations become effective or otherwise demonstrate by your conduct that you agree to the altered Terms and Conditions, you will be deemed to have agreed to the altered Terms and Conditions.

26. Severability

If any part of this Contract is or becomes illegal, void or unenforceable, this does not invalidate the rest of this Contract.

27. Dishonoured Drawings

If any drawings are returned or dishonoured by your financial institution, Club Active will endeavour to contact you requesting payment. If we have not received payment we may re-draw outstanding membership fees on or before the next direct debit cycle. Transaction and administration fees will be charged to your account in the case of any failure to satisfactorily draw against your account.

if you have any questions, get in touch.

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