The Wellness Groove. Terms & Conditions

Transcription

1 The Wellness Groove Terms & Conditions 1 ABOUT THESE TERMS AND CONDITIONS 1.1HOW SHOULD YOU USE THIS BOOKLET? Keep for reference This has the terms of your contract with The Wellness Groove. Please read it carefully. Keep it in a safe place and refer to it as you need to. Please ask the staff at The Wellness Groove to you a copy of this terms and condition sheet so that you can print it out or refer to it at home. Terms in this booklet apply Our rights: see If this booklet differs from anything you are told at the gym or over the phone, the terms in this booklet will apply unless we receive written confirmation from a Wellness Groove employee. If we do not enforce our contract rights at any time, it does not mean we have waived those rights, no matter how long we wait. If there is a miscalculation on your membership application and contract, we have 5 days after the contract is signed to correct it. Comfort guarantee: If you do not want to go ahead with your membership, you have 7 days after signing the contract to cancel it in see writing. Changes: see These terms and conditions and our gym rules may change from time to time. If that happens, we will try to contact you in advance. The most up-to-date terms and conditions and gym rules always apply. 1.2 WHAT'S INSIDE? Section What it contains 2. Becoming a member How to become a member and the rules of your contract with us. 3. Paying for your membership Types of membership fees, when you need to pay them, how they can change and direct debit agreement details. 4. Being a member The benefits and responsibilities of membership. 5. Gym rules Important rules to follow at any The Wellness Groove. Please follow each gym's signs and handouts about any other rules. 6. Cancelling a membership How to cancel your membership and what happens when you do. 7. Protecting your privacy How we protect your personal information.

2 2 BECOMING A MEMBER 2.1 HOW OLD DO YOU HAVE TO BE? Members under 16 If you are under 16, a parent or guardian must complete your pre-exercise questionnaire and an adult must supervise you when you are using our facilities. You must be at least 16 to do weight-based group exercises or resistance training activities. You must always follow the recommendations of the trainers when doing resistance training activities. 2.2 YOUR CONTRACT WITH US When does your contract start? Signing your contract Terms in this booklet apply Our rights You have a contract with us when you have signed it and we have accepted it. If this booklet differs from anything you are told at the gym or over the phone, the terms in this booklet will apply unless written confirmation is received from a The Wellness Groove employee. If we do not enforce our contract rights at any time, it does not mean we have waived those rights, no matter how long we wait. If there is a miscalculation on your membership application and contract, we have 5 days after the contract is signed to correct it Which laws apply to disputes? State laws apply Invalid sections Your contract is subject to Australian law and is governed by the state laws of Western Australia. If a court decides that any section of your contract is invalid or unenforceable, that section will be deleted from the contract. The other sections will remain valid and enforceable Can we change the terms of your contract? Changes We may sometimes add to, change or remove terms and conditions, gym rules and other membership conditions. This includes changing a gym's opening and closing hours, its services and facilities and membership fees. We can correct a miscalculation during the first 5 days after the contract is signed. We will give you 30 days notice Cancelling: see 6.3 We will give you at least 30 days notice of any such changes by: publishing them in our newsletter, or placing a notice in the gym, or writing to the address you last gave us, or contacting you by phone. You can also cancel your membership as set out in 6.3. Unless the law states otherwise, you won't have any other claim against us if this happens.

3 2.2.4 Can you change your mind? Your comfort guarantee You can cancel your contract during your comfort guarantee time. This lasts for 7 days from the date we both sign the contract. To cancel your membership, simply tell us in writing, preferably on the cancellation form at your gym. We will then cancel your contract and refund your initial payment.. Cancelling your If you cancel your contract after this comfort guarantee time, you may have to pay membership: see6 us fees, depending on why you end the contract. 3 PAYING FOR YOUR MEMBERSHIP 3.1 WHEN DO YOU PAY MEMBERSHIP FEES? Continuous memberships Advance payments You pay fees for continuous memberships in advance each month, by direct debit from a transaction account or credit card. You can pay your monthly fees as far in advance as you like, up to the legal time limits. Upfront payments Instead of a continuous membership, you can pay upfront for a membership for 3, 6 or 12 months. When your membership is due to end, you can renew it by paying the current membership fees and administration fee. If you renew it after the expiry date, we will also charge you a new joining fee. By renewing your membership, you agree to the current membership terms applicable at that time. 3.2 WHAT HAPPENS IF YOUR PAYMENT IS LATE? We will suspend your gym access we will debit your account If you do not fully pay your fees on the due date, we will suspend your gym access until your payments are up to date and you have given us your direct debit account details. We may need to pass on bank fees of up to $35 per failed payment, with recovery costs of up to $50, and you authorise us to do this. We may continue to debit your nominated account without notice, until we have received the total amount owing. We will make a reasonable effort to let you know at least a month before we do so - either by phone, in person at your gym, or by writing to the address you last gave us. If you owe us money for other services, such as personal training, we may automatically deduct late fees from your nominated account and you authorise us to do this. If we debit an account without your authority, we will refund the amounts we have debited and any penalty fees charged by your bank as a result. 3.3 YOUR DIRECT DEBIT AGREEMENT How will we debit your account? Initial terms We will regularly debit your monthly gym fees from your nominated account at a specific time, as agreed in your membership application and contract.

4 3.3.2 What are your responsibilities? Your responsibilities You are responsible for: making sure that your account can accept direct debits (your financial institution can confirm this) making sure there is enough money in your account on the payment day and the 5 following days telling us in advance if you are transferring or closing your account telling us in advance about any changes to your credit card, such as to its expiry date or number How can we change the agreement? Changes by us Changes by you If we change these initial terms, we will give you at least 30 days notice. Please talk to your home gym if you wish to discuss any changes. Please tell both your home gym and your financial institution in writing if you want to change or stop your direct debit arrangements What happens if a payment is disallowed? Disallowed payments If your financial institution does not allow a payment, such as where your account does not have enough money in it, we will try to contact you and ask you to pay. If you do not pay us, we will debit the payment again, with any other membership fees you owe, on or before the next payment day. We will also charge you transaction and administration fees. 3.4 HOW CAN WE CHANGE YOUR FEES? Can we increase fees? Changes How we will inform you We reserve the right to increase your fees at any time after the minimum period of your contract has ended. We will make a reasonable effort to tell you about this at least 30 days beforehand by writing to the address you last gave us. We will consider that you will receive our letter on the second business day after it is posted. Your authorisationwhere we have made a reasonable effort to let you know about a fee increase, you authorise us to increase any debits from your nominated account in line with this increase What if the GST rate changes? Fees include GST All contract fees include goods and services tax (GST). Your fees will change in line with any government GST rate changes, even if you are in your minimum term.

5 3.4.3 Can you freeze your membership payments? Time freeze If you become injured, sick, or are going on holidays, you have the option of putting your membership on hold without the need to provide doctor or proof of travel documentation. You will be required to complete a suspension form (available from reception). The expiry date will be adjusted accordingly on our membership database. Suspension times are as follows: 3 Months 2 Weeks 6 Months 4 Weeks 12 Months 8 Weeks Monthly Debit No Suspension The minimum suspension time is one week (7 days). Travel and medical reasons Conditions No pro-rata payments You can freeze your membership for up to 36 weeks for travel or medical reasons, but we must be reasonably satisfied by your supporting documents. Before freezing your membership, you must: tell us, preferably in writing at least 14 days before the time freeze period starts pay all fees owing and have your membership fees up to date. We will not accept pro-rata payments or freeze your direct debits outside the time freeze period When can you receive a refund? Comfort guarantee: see If you cancel your membership during the comfort guarantee time, we will refund your initial payment, less the administration fee. Prepaid programs If you pay for a program or membership in advance, we will refund the fee if: No other refunds the program is cancelled, or you can show us medical evidence that the program will cause you physical harm or cause a physical injury, or the law requires us to refund the fee. Otherwise, we do not have to refund money that you have paid us for any reason. 4 BEING A MEMBER 4.1 WHAT ARE THE BENEFITS OF MEMBERSHIP? Using the gym Your membership Your membership allows you to use the gym in line with these terms and conditions and gym rules. Your type of membership sets the times and locations for gym facilities that you can use.

6 Not transferable You cannot assign or transfer your membership, or receive a refund, except as set out in these terms and conditions or as the law allows Using your access card No card lending You cannot lend your access card to anyone else or allow anyone else to use it. The card is our property, so please return it to the gym if you cancel your membership. If you lend your access card to anyone your membership will be immediately terminated. If you lose your card, we will replace it for a nominal fee, currently $ What are your responsibilities? Keep us informed Your responsibilities Your responsibilities, including payment of membership fees, do not depend on how often you use a gym. Changes to detailsyou must tell us about anything that affects your membership, and any changes to your: postal address address contact numbers nominated account details Protect your health Guidance Seek expert advice Health risks When you join the gym, we will provide you with an orientation and trial to the gym. We welcome you to ask us during this orientation any questions that you may have with regards to how to exercise safely. Apart from this, we may not otherwise offer you exercise guidance, although If staff are available they will always make their best endeavours to provide you with exercise guidance when asked or if poor technique/form is noticed. Our staff and contractors are not medically trained. They are not medically qualified to assess if you and your guests are in good physical condition and can exercise without damaging health, safety, comfort or physical condition. If you or your guests are in any doubt, we strongly urge you to seek expert advice before starting an active or passive exercise program. If you believe there is a risk to your health from doing any gym fitness activities, you must tell us this in writing, with full details. You must also tell us if your medical condition changes after you join. We may choose to refuse your membership application, until: Your promise your doctor agrees in writing to your gym exercise program, or you show us proof that you have received medical advice on an appropriate exercise program. On the day you sign your contract and each time you use our facilities, you promise to us that: you are in good physical condition you know of no medical or other reason why you cannot do active or passive exercise

7 Infections and illnesses exercise will not damage your health, safety, comfort or physical condition. You will not use gym facilities while suffering from: an infection, or a contagious illness, or a physical ailment, such as an open cut or sore, or where there is any other risk, however small, to other members and guests Use equipment correctly Using equipment You are responsible for using our facilities and equipment correctly, including adjusting levels or settings. If you are not sure how to operate any equipment, please see a gym staff member before you use it Respect gym facilities Damage You are responsible for any damage to gym facilities caused by you or your guests through a wilful act or negligence Follow gym rules Signs and handouts You must follow gym rules. Read, understand and follow the rules in all signs and handouts, especially for those in wet areas. 4.3 WHAT HAPPENS IF YOU BREAK THE RULES? Refusing entry Warnings Instant cancellation We can refuse entry to anyone, including members. If you act unreasonably, or break these terms and conditions or gym rules, we may warn you that you risk having your membership cancelled. If you continue to behave in the same way, we may cancel your membership immediately. We can cancel your membership without warning if you behave in a way that is risky or seriously inappropriate, such as: threatening or harassing others damaging equipment using illegal or performance-enhancing drugs. 4.4 WHAT ARE THE RISKS? Your promise 1. You promise: (a) To make sure that you know how to exercise safely, by asking if necessary. (b) To use your best endeavours to exercise safely. (c) You will not take valuables into the gym, even if you plan to put them in the lockers. Our promise 2. We promise to comply with the statutory conditions set out in the Fair Trading legislation, specifically:

8 (a) To carry out our services with due skill and care. (b) To provide services fit for the purpose for which you have joined us, taking into account the price for those services, the terms of supply and all relevant circumstances. What we will compensate you for 3. We will compensate you for: (a) Death or personal injury, but only if it is caused by our reckless disregard for the consequences of our failure to meet our promise. (b) Loss or damage you suffer from our failure to meet our promise. What we will not compensate you for 4. We will not compensate you where we have complied with our promise: (a) If you fail to honour your promises in clause (b) For loss or damage to personal property which you bring into our gyms. (c) For loss or damage you suffer caused by a third party, such as a personal trainer, who is unconnected with the services and facilities we provide to you. (d) For loss or damage you suffer caused by events which neither we or our suppliers could have foreseen or prevented even if we had taken all reasonable care. Our agreement 5. We both agree that, except where the law requires otherwise, if either of us (you or the gym) breach the arrangements under this contract, then neither of us will be responsible for any losses that the other suffers as a result. 6. The exclusion of liability in clause 4.4.3(b) applies only to death or personal injury and not to any breach by us of the statutory conditions [see clause 4.4.1] that results in loss of or damage to your personal property. Warning We warn you that, while on our premises, you may suffer injuries including broken bones, soft tissue injuries and joint injuries. These injuries may occur from you: slipping on wet flooring being struck by weights colliding with equipment or other members. Release and indemnity If we accept your membership application and you become and remain a gym member, you agree that we will not be liable for: any loss, damage or theft of property belonging to, or brought onto gym premises by you or your guest, unless caused by our gross negligence any death, personal injury or illness on gym premises, or from using our facilities or equipment, except where this results from our gross negligence. 4.5 WHAT IF SOMETHING GOES WRONG? Your feedback and complaints We welcome your feedback Your feedback and complaints are crucial in helping us to resolve your concerns quickly and effectively. Our complaints process has been developed with the help of Consumer Affairs so we can properly deal with any complaints and concerns. We will contact you Our gyms will answer your feedback and suggest solutions to any problems. If you make a complaint, the gym department head will contact you within 1 week, where possible, to discuss it with you.

9 Evergreen Owner If you feel your complaint has not been fully resolved, the gym's owner may then contact you to discuss a solution Issues with outside providers Outside providers Contractors, tenants and franchisees provide some services in our gyms, such as personal training and group fitness instructors. Service fees are paid directly to them and we are not responsible for those fees. Claims What we will do If you make a claim because of something a contractor, tenant or franchisee has or has not done, your claim should be brought against the provider, not us, whether you have paid them or not. You release us from, and hold us harmless from, any claim resulting from an act or omission by a contractor, tenant or franchisee. Wherever we can, we will help you to resolve issues with providers. We will also make sure that personal trainers and group instructors in our gyms have up-todate qualifications and insurance. 5 GYM RULES 5.1 EACH TIME YOU VISIT Access cards 5.2 LOCKERS Using lockers Please be ready to show your access card or membership tag. Otherwise, we may not let you enter. We provide lockers for you to use while exercising. They are emptied when the gym is closed each day. Keep your belongings safe These are not security lockers, so please keep valuable items with you. We try to safeguard the contents of your locker, but thefts can occur. We do not accept responsibility for any loss or damage to any belongings not kept in a locker, or if someone breaks into your locker. Belongings left in lockers Please keep your locker key or card with you and keep it safe. Reception staff can give you a safety pin or sell you a cardholder, but we urge you to carry the key or card inside a pocket. If you leave belongings in your locker overnight, we may remove them. We take no responsibility for any loss or damage and charge $50 to return them to you. If you lose your key or card, we currently charge a $15 replacement fee. We give lost property to charity each month, including unclaimed possessions from lockers. 5.3 CLOTHING AND HYGIENE You must wear suitable clothes All members and guests must wear suitable clothes and enclosed sports shoes in any exercise areas, except for wet areas. We do not allow clothes with offensive images or inappropriate advertising. You must use a towel We also ask you to consider your personal hygiene when visiting our gyms. Please wear deodorant and be aware of your body odour. Please use a clean towel when you use equipment, including exercise mats. If you do not bring a towel around the gym and clean each machine immediately after use, we reserve the right to sell you a towel or provide you a warning that there is a breach of contract where you are not looking after the equipment acceptably.

10 5.4 WET AREAS Take care in wet areas 5.5 VEHICLES You park at your own risk You and your guests may use wet areas such as the bathroom and shower. Wet areas are unsupervised and you use them at your own risk. You must comply with all signage or rules of these areas. You park in the gym's car park or on gym premises at your own risk. We are not liable for any loss or damage to your vehicle or its contents. 5.6 TIME LIMITS Keep to time limitsplease keep to the set time limits for parking and using equipment. If not, we may charge you a fee decided by us from time to time. 5.8 GUESTS You can bring You can bring guests into the gym for a fee we decide from time to time. We guests to the gym decide how many gym visits a guest can make at our discretion. See the gym's guide for more Your guests must: be at least 14 years old be accompanied by you and leave when you do sign the guest register and show a photo identity complete a pre-exercise questionnaire (PARQ) on their first visit follow the rules and terms set out in the guest register and PARQ form, and any other gym rules on signs and handouts. 6 CANCELLING YOUR MEMBERSHIP 6.1 HOW DO YOU CANCEL AFTER THE MINIMUM TERM? 1 months notice in To cancel your membership when the minimum term ends or at any time after that, writing simply give your gym 1 full months notice in writing. You must pay outstanding fees When you cancel your membership, you must pay any fees owed to us, or we may take action to recover them. 6.2 CAN YOU CANCEL IF WE CHANGE THE CONTRACT? Changes that adversely affect you Breach of obligations You can cancel your membership at any time if we: change or add to these terms and conditions or the gym rules change the gym services and facilities, or change your membership fees in a way that adversely affects you. We may ask you to prove that you have been adversely affected. You can also cancel your membership if we breach our contract obligations and we do not fix the breach in a reasonable time after you have told us about it in writing. 1 months notice in writing In either case, you need to give your gym 1 full months notice in writing, preferably on the cancellation form at your gym. We will not charge a departure fee.

11 7 PROTECTING YOUR PRIVACY 7.1 PRIVACY STATEMENT AND ACKNOWLEDGEMENT Our privacy policy When you join and during your membership, we will have access to personal information about you, such as about your health and financial situation. We will only use, disclose or deal with your information in accordance with our privacy policy. Using your image We may sometimes film or photograph the gym. It is possible you may appear in the background. By signing this contract you agree to allow us to use your image in promotional and other business-related material.