1. PAYMENT OF FEES
The terms and conditions appearing in this document administrate the relationship between the member described above and Her Health & Fitness. 1.2
Your membership agreement will be paid on a fortnightly basis for the agreed amount for the minimum number of months/payments agreed. This fortnightly payment will rollover on a fortnightly basis after the completion of the minimum agreed term unless terminated by you giving 30 days written notice after the minimum number of payments have been paid and completing a cancellation form in person. 1.3
The membership fees, joining fees, administration fee, pro-rata, key fob fee, debit rates are as described above. All prices are inclusive of GST. Should GST be increased by government, this will result in an increase to your agreed payment.1.4
We reserve the right at anytime, both during and after the minimum contract term, to change or increase the fortnightly direct debit payment at any time during the extended period by providing 30 days written notice.1.5
Each attempted direct debit payment which is dishonoured (rejected) will incur a up to a $15 dishonour fee from Her Health & Fitness. You may also be charged a dishonour fee by your Bank, credit union, card or credit provider or processing company currently EziDebit.1.6
We reserve the right to change, modify, establish or withdraw any existing or new fees as required.1.7
Other services such as Child minding, personal training and exercise physiology services do not form part of the contract and a separate fee will be incurred with a separate agreement.1.8
Should you not honour your contract and withhold payment, Her Health & Fitness Pty Ltd or its successor may at it's discretion and without notice forward your details along with the outstanding debt to be collected by an external debt collecting agency or take legal action to recover the debt. Additional charges will be applied by the debt collection agency for collection of the debt.
The membership entitles you to use the standard services in the fitness studio, however, you must abide by the rules and code of conduct as set out by Her Health & Fitness.2.2
Her Health & Fitness shall have the sole responsibility of providing the services, however, any addition, change or removal of services as well as any stoppage by you to use the services does not release you from your duty to pay membership fees or breach your contract.2.3
You may only terminate your agreement in special circumstances and approval from management, i.e. you provide a medical certificate from a GP or Medical Specialist stating a legitimate serious medical condition (excluding pregnancy) that you are unable to participate in any form of exercise or if you move 30 kilometres or more from the studio. In these circumstances, 30 days written notice along with proof must be provided to finalise termination, otherwise full payment of outstanding monies as well as 50% of your remaining contract term is payable. Termination via this method is not retrospective.2.4
We reserve the right to refuse entry to any person, including members and have the right to cancel your membership without warning or notice for inappropriate behaviour that may be considered threatening and harassing including damaging equipment in the studio.2.5
You may terminate your membership after the minimum agreed term if you give 30 days notice and complete a cancellation form. Your termination notice must be in writing and delivered to the gym. You cannot claim a membership hold and skip the 30 day notice period.2.6
Where either of us terminates your membership, any fees that you have not paid will need to be paid or we may take action to recover the outstanding payments. You may be referred to a debt collection agency and may be defaulted and receive a bad credit rating. Once the debt has been referred to a debt collection agency, Her Health & Fitness no longer has control of the debt and cannot assist in resolving the outstanding debt.2.7
Membership holds are only available in multiples of 2 weeks, this is free of charge for the first four weeks for each 12 month contract period. There after any further membership holds required will endure a $5.50 charge per fortnight. This payment needs to be made in advance prior to the commencement of the hold period otherwise the hold will not be valid.2.8
All membership holds must be applied for in writing by using a membership hold application form supplied by us and must be handed in at least 10 days prior to the commencement of the hold commencement date.2.9
Membership cancellations, holds & transfers will NOT be accepted over the telephone or via email or other correspondence other than in person and the approval of management.2.10
The maximum membership hold period which can be taken is 6 months at any one time. Multiple 6 month freezes cannot be taken back-to-back. A minimum 8 weeks activation period is required between holds.2.11
Membership holds will not be included as part of your minimum contract period.2.12
All Upfront non direct debit membership fees are non-refundable.2.13
1, 3 and 6 month upfront memberships cannot be put on hold.2.14
The Her Basics time access membership is from 10:30am-4:30pm only. Times may change at anytime without notice.2.15
Her Health & Fitness reserves the right in the event of establishment of a new entity, sale of the business or its shareholdings or rebranding to transfer all memberships, member information and history to the new entity. The new entity may choose to utilise existing or new processing methods. All memberships will remain valid and any existing agreement between the member and Her Health & Fitness will transfer to the new entity.
3. YOUR SAFETY & WARNING
Her Health & Fitness give you warning that whilst on our premises you may suffer injuries and that you are exposed to certain risk.3.2
You acknowledge that the activity you are going to commence is a dangerous activity and that you may be injured, physically or mentally or may die.3.3
You agree that Her Health & Fitness shall not be liable for any loss, damage or theft of any property belonging to, or brought onto the premises by you or your guests.3.4
You recognize that you are medically able to participate in and undertake physical exercise. You also recognise that you are not aware of having any medical problems that might worsen if you commence physical activity at Her Health & Fitness.3.5
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 Screening Activity Questionnaire. In some cases, responses you give may require that you get medical guidance before exercising.3.6
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 use the Facilities and Services until you have sought appropriate medical guidance and been given the go-ahead.
4. CLOTHING & HYGIENE
We require all members and guests to wear suitable clothing and appropriate sporting footwear. It is appreciated that everyone wears deodorant and is aware of their own body odour as it is essential for personal hygiene.4.2
All members and guests are required to use a towel whilst using the equipment at Her Health & Fitness and equipment must be wiped down after use to maintain a clean studio for all members.4.3
Any members failing to comply with the clothing and hygiene protocols may be refused to use Her Health & Fitness.
5. RELEASE & PROTECTION TO HER HEALTH & FITNESS
You participate in the activity at your own risk and responsibility5.2
You release, indemnity and hold harmless Her Health & Fitness, its servants, directors and employees against all and any actions or claims made by you or on your behalf in respect to any injury, damage or death caused to you or your property whether by negligence, breach of contract or in any whatsoever. You will bring no claim, legal or otherwise against Her Health & Fitness.
6. 24/7 ACCESS AND KEY FOB
You will need your Key Fob (or access card) to access Her Health and Fitness and must swipe this each time you use the Facilities and Services. The key fob must be purchased and is non-refundable.6.2
If you lose or forget your Key Fob you may access the club during staffed hours only if you show photo ID to staff. You should not ask or let another person let you in the club at any time.6.3
If you let another person in the club without the approval of club staff you will be charged a penalty fee of $250 and your membership may be cancelled.6.4
If your key fob is lost or stolen you must report this immediately and get a replacement card within 10 days or you may not be allowed to enter the club. A Replacement Key Fob fee of $49.95 will apply.
You will be required to participate in a member orientation to familiarise yourself with the Facilities and services before you use them. This includes an induction to familiarise yourself with our facility, use of equipment, emergency procedures and use of duress buttons and emergency phone and their locations.
Her Health and Fitness have an emergency phone, duress buttons and wearable personal duress devices for safety and security reasons which when used will alert a security control centre in emergencies. For example if you feel unsafe or need medical help. You must understand how the emergency apparatus works and agree to only use it in an emergency. 8.2
If you deliberately use emergency apparatus inappropriately, you agree to pay for any costs, loss or damages incurred because of this inappropriate use. You will also be charged an additional mishandling fee of $99.8.3
You must be cautious when entering, leaving and using our club, you must wear security lanyards when appropriate, for example if you are exercising alone or outside of staffed hours.
9. 24 HOUR CCTV CAMERAS
Her Health and Fitness have CCTV security cameras recording 24 hours a day at reception, entrance to the gym and carpark and may have these remotely monitored via our third party contractors in a control centre or by any other means. This system is used for security purposes but does not guarantee against harm. You should contact the Club if you have questions relating to this.
10. PERSONAL TRAINING
If a personal training session needs to be cancelled we require a minimum 24 hour cancellation notice. The full session fee will be charged if the minimum notice period is not met.10.2
If a personal training pack is purchased upfront and remaining sessions are not completed within 12 months. The remaining sessions will be forfeited and non-refundable.
11. MINIMUM AGE
For safety and security reasons you must be at least 18 years of age to access the facility 24 hours. However, if you are 16 or 17 years of age you may only use the facility during staffed hours, which are advertised on our website or at the facility and are subject to change.
12. STAFFED HOURS
12.1 Staffed hours may vary and management may change this without notice
13. SUMMARY OF FEES
Dishonoured payment Fee $9.9513.2
Membership Hold Fee $5.50 per fortnight13.3
Cancellation Fee after minimum term - 2 further direct debit payments13.4
Key Fob Fee $49.9513.5
Replacement Key Fob Fee $49.9513.6
Membership Transfer Fee $29.9513.7
Debt Collection Fees - Third party Debt Collection Fee $150 in addition to outstanding fees and interest13.8
Penalty for illegal entry of patrons $250 per offence