This Agreement is made between The Concept Health & Fitness Pty Ltd ACN 611 671 053 (The Concept, we or us) and the member whose name appears above (Member, you or your).
The Agreement between you and The Concept governing your membership comprises the Application for Membership, these terms and conditions and any rules displayed at our premises, published on our website or otherwise advised to you in writing from time to time (Agreement). Any written or verbal representations not set out in the Agreement do not form part of the Agreement and cannot be relied upon.
3 Disclosure of Physical Condition
You represent on the Membership Start Date, and repeat such representation each time you use The Concept’s facilities that:
- You are in good physical condition;
- You know of no medical or other reason why you are not capable of engaging in active or passive exercise;
- Exercise would not be detrimental to your health, safety, comfort or physical condition;
- You are aware The Concept’s owners, employees and contractors are not medically trained and are therefore not qualified to assess whether you are in good physical condition.
We strongly advise you take expert advice prior to commencing in any exercise program.
You must not use any of The Concept’s facilities whilst suffering from any infections or contagious illness, disease or other ailment such as open cuts or sores or minor infections where there is a risk, however small, to other members and guests.
4 Membership Types
Your membership commences on the date this document is signed (Membership Start Date).
For each of the following types of membership:
- Prepaid Fixed Term Membership – a minimum membership term of 12 months applies from the Membership Start Date (Minimum Term) unless terminated earlier in accordance with the Agreement. If a new Application for Membership is signed within 10 days from the expiration of the Minimum Term (Membership Expiry Date), a further minimum membership term will not apply.
- Debited Ongoing Membership – the membership will cease on the date 12 months from the Membership Start Date unless terminated earlier in accordance with this Agreement.
- Fitness Passport – no membership term applies.
Senior and youth memberships may be subject to additional conditions.
5 Cooling Off Period
You may cancel your membership by giving us notice in writing within seven days from the Membership Start Date (Cooling Off Period). If you cancel your membership during the Cooling Off Period, we will refund you an amount equal to any fees you have paid less the Administration Fee and the cost of any fitness services already supplied. If you terminate your membership after the Cooling Off Period has expired, cancellation fees will apply.
6 Termination of Membership
- You may terminate your membership at any time with immediate effect by notice in writing to us where:
- You provide written documentation to our reasonable satisfaction that you have a permanent medical incapacity;
- We increase your Membership Fees;
- We are in breach of an essential obligation under the Agreement and we have not remedied that breach within a reasonable time after you have notified us of our breach in writing; or
- We relocate our premises more than 3 kilometres of the location where you applied for the membership.
You will only be charged the Administration Fee, Membership Fees for the time you were a Member an any additional fees for the fitness services supplied to the date of termination if you terminate the Agreement for any of the above reasons.
- If you notify us you wish to terminate your membership during the Minimum Term with immediate effect for any other reason a cancellation a cancellation fee of $159.00 is payable.
- Termination after the Minimum Term requires 30 days’ written notice (Notice Period). During the Notice Period, Membership Fees continue to be payable and the Concept’s facilities may still be used.
- The Concept reserves the right to terminate your membership and exclude Members from The Concept’s facilities without warning or notice or inappropriate, threatening or harassing behaviour, damaging equipment or facilities, or use of illegal or performance enhancing drugs at The Concept.
You can apply to suspend your membership for a period of up to one month, once each calendar year, provided that all amounts payable for your membership are up to date. All suspensions must be applied for in writing at least 14 days prior to the commencement of the suspension and we reserve the right to refuse any application.
Debit payments will only be suspended for the direct debits that fall within the suspension period. Suspension dates must coincide with pre-existing billing dates. For Prepaid Fixed Term Memberships, a ‘Freeze Fee’ of $10 is payable.
8 Administration Fee
The Administration Fee covers The Concept’s cost of setting up new memberships and renewing membership. It is payable on the Membership Start Date and on every anniversary of it. We may vary the Administration Fee at our discretion.
9 Payment of Fees
Membership Fees are payable as follows:
- Fees will be paid on the date nominated by the Member (Auto Pay Date).
- For Debited Ongoing Memberships, a pro rate fee based on the number of days between the Membership Start Date and the first Auto Pay Date will be charged at the time the Application for Membership is accepted.
- Fees are payable in advance of service.
- For multiple memberships, the primary member will be responsible for the payment of Fees for all associated memberships.
- If for any other reason payment of Membership and other fees is declined by the Member’s credit card/bank account, a fee of $9.90 per occurrence may be charged to the Member.
- If a fee remains outstanding, you agree we may continue to debit the nominated credit/debit account for the total amount due without notice to you.
- If you fail to pay your fees by the due date, we reserve the right to refuse entry to any of our facilities until such outstanding payment is received. We may also refer overdue amounts to an external collections agency, and you will be liable for our debt recovery and legal expenses.
9 Fee Increases
If you have a Debited Ongoing Membership, we reserve the right at any time after the Minimum Term to increase your Membership Fees. If we i8ncrease the Fees we will provide at least 30 days’ prior notice to you.
10 Membership Card
You will be given a membership card when you join The Concept (Membership Card). The Membership Card remains the property of The Concept at all times. Membership Cards are not transferrable and must be shown on every visit to gain entry. An ID photo will be taken for our database records only. If a Member allows his or her Membership Card to be used by another person for the purpose of obtaining admission, we may terminate the membership. A fee of $15 will be charged to cover the cost of replacement Membership Cards.
11 Rules and Directions
- Use of The Concept’s facilities is conditional upon the Member abiding by all rules and directions given by The Concept’s owners, employees and contractors directly through signage, emails, website or other materials. Failure to comply with the rules and directions may result in The Concept asking the Member to leave the premises, refusing the Member access or termination of the Agreement for which there are no refunds on unused portions of the membership fees already paid.
- We follow the NSW Fitness Industry Code of Practice (Code), a copy of which will be provided if requested. In the event of any inconsistency between the Agreement and the Code, the provisions of the Code will prevail.
12 Responsibility for Damage
The Member acknowledges and agrees that they are solely responsible for any damage or injury the Member may cause to The Concept, its facilities, services, products, equipment or other members/guests.
13 Damages/Personal Injury
The Member confirms:
- They are aware their use of The Concept’s facilities and their participation in the classes and programs conducted by The Concept may involve strenuous activity and risk and may cause physical injury such as scrapes, bruises, cuts and strains and any more serious injuries such as breaks, paralysis and even death;
- They know how to exercise safely including how to use each piece of equipment and if they don’t, they will ask The Concept’s employees or contractors before using the equipment.
You release The Concept and its owners, directors, officeholders employees, contractors, agents, volunteers and independent contractors (Staff) from all liability and responsibility whatsoever including (but not limited to) personal injury (bodily or mentally) death, property damage, economical loss or damage, to you, your partner, spouse, unborn child or relatives however caused including but not limited to the negligence (whether passive or active) of The Concept or it’s Staff or any other person using The Concept’s facilities.
14 Interruption of Service
As a result of repair, maintenance, public holiday or special occasions, The Concept may be required to restrict the use or temporarily close or halt activity from time to time. There will be no reduction, suspension, abatement, or apportionment of Membership Fees or other charges during such times.
15 Change of Details
You must keep us informed of any changes of address, phone numbers, email address, bank account and credit card details for payment and any other personal information that is relevant to your membership with us.
16 Privacy Statement
The Concept reserves the right to add to, change or remove rules and conditions of membership, including by not limited to the rules and these terms and conditions, and the services and facilities, as offered by The Concept. Any such change will be notified to Members by displaying a sign at The Concept’s premises, website, mail or newsletter.
We can assign our rights under the Agreement at any time without your consent.
19 Governing Law
This Agreement is governed by the laws of New South Wales.
Capitalised terms not defined in these terms and conditions have the meaning given to them in the Application for Membership.