TERMS AND CONDITIONS OF THE GENESIS FITNESS/IP PAYMENTS MEMBERSHIP AGREEMENT

1. INTRODUCTION

This document outlines the rights and responsibilities relating to the Member’s entitlements during the Membership Period to use of the Centre’s facilities. It also relates to the member’s authority to IP Payments Pty Ltd to directly debit the nominated bank account or credit card for any instalments or fees due under the terms and conditions of this Membership Agreement and DDR overleaf. These terms are stated below.

2. DEFINITIONS

In this Agreement unless the contrary intention appears:

The singular includes the plural and vice versa.
A reference to a party includes that party’s legal personal representative heirs and assigns.
"Member" includes the parent or guardian of the Member if the Member is under 18 years.
"Centre" means the Genesis Fitness Centre named overleaf
“IP Payments” is the debit provider used by the Centre. Debit User’s name: IP Payments Pty Ltd, ABN: 86 095 635 680, Debit User ID’s: 306033 and 252550. All queries and comments about the Services provided under this Membership Agreement should be directed to the Centre. The Member acknowledges that IP Payments has been engaged by the Centre to collect the fees due under this Membership Agreement if paying by way of direct debit

3. LEGALLY BINDING AGREEMENT

The member acknowledges and agrees that:

This agreement is legally binding whether the use of the facility and its services is determined and paid on a yearly, monthly, weekly or individual basis,
The membership must remain current in order to avoid paying the joining fee again,
They declare that they are physically and medically fit and capable to engage in exercise and fitness programs at the Centre, and have and will inform instructors of any condition or risk that may have an effect on their ability to participate in any exercise or fitness program prior to commencement,
They are 18 years of age or older at the time of authorising, and not under any other legal disability. If not, a parent or adult guardian will authorise also.

4. RECEPTION AND ACCESS

All members must swipe or present their card at reception every time they attend the Centre.
Members must advise any changes of address and phone number.
The facilities are available to the general public and not exclusively for members.
Access will be denied if your account is behind on membership payments

5. GENERAL CONDITIONS OF ENTRY

To ensure the Centre is able to provide a high level of service in a safe, healthy and pleasant environment for all, members must comply with the following conditions:

Entry will be refused or a person requested to leave the Centre if the person:

is abusive or uses offensive language or whose behaviour is threatening or
is under the influence of drugs or alcohol

No smoking is permitted in the Centre.
No chewing gum permitted in the Centre.
Sweat towels must be used at all times.
Weights must be returned to their correct place after use.
Correct training attire and runners must be worn in the Centre - no jeans, work clothes, boots, sandals, thongs, or clothing that is likely to cause offence to others are permitted.
No person under the age of 16 is allowed in the Centre unless accompanied by a guardian or qualified instructor during staffed hours only. Members under the age of 16 cannot access the club outside of staffed hours.
No food allowed in the gym or group exercise classes.
No entry to a group exercise class 5 minutes after it starts.

6. LOCKERS (where provided)

All items stored in the lockers are at your risk and we do not accept responsibility for items lost, damaged or stolen
Bags are not permitted in the Centre unless placed in the lockers provided.
Pigeon holes are to be used during unstaffed hours. PIN code lockers are only to be used during staffed hours.

7. CANCELLATION / TERMINATION

Cooling Off Period:
This agreement is subject to a 7 day cooling off period:

The cooling off period commences at the close of business on the "Commencement Date".
The cooling off period is 7 days.
New members have the right to cancel their membership within the cooling off period if they are not completely satisfied with the services and programs.
All monies will be refunded on a pro rata basis with the exception of fees for an Administration Fee.
All cooling off cancellations must be in writing to the Manager.

Permanent Disability:

Upon providing written advice of a permanent disability, physical incapacity or serious illness, along with a medical practitioner detailing the disability, incapacity or illness, the Centre may agree to cancel the membership from the day of notice.

Direct Debt Membership

ALL CANCELLATION REQUESTS MUST BE DIRECTED TO THE CENTRE.

Cancellations inside the Minimum Term - The Member may terminate this Membership Agreement before the expiry of the minimum term or payments, if all the instalments and fees due up to the date of termination are paid, and in addition the cancellation fee of $160 is paid.
Cancellations after completion of the Minimum Term - After the expiry of the minimum term or payments, and after all instalments and fees due have been paid in full, Agreement requesting termination at minimum term be marked then this Membership Agreement shall automatically terminate. Should the membership type selected as part of this online agreement be indicated as ongoing in nature, then this Membership Agreement shall continue indefinitely until such time as the Member makes a request, after the expiry of the minimum term for it to terminate. Any instalments/fees due at the date of termination (including instalments/fees which fall due during the notice period) will remain a debt owed to and recoverable by the Centre. There will be a period of notice of 14 days unless otherwise specified by the Centre between the date of request and the date of actual termination during which any payments due must still be paid in full. Termination of this Membership Agreement will also terminate the Direct Debit Request Authority.

8. TRANSFER OF MEMBERSHIP BY THE MEMBER

Transfer of membership will only be permitted from a member to a non member and will incur a Transfer Fee of $55. If paying by Direct Debit, this fee is payable to the Centre
Transfers between centres will be by agreement of the Manager of the Centre to which the member wishes to transfer to.

9. REPLACEMENT CARD FEE

If a Membership Card is lost, destroyed or damaged and requires replacement a Replacement Card Fee of $29.95 payable to the Centre will apply.

10. ADDITIONAL FEES FOR SPECIAL SERVICES

Some services require an additional fee and these include personal training, crèche and swimming lessons

11. DAMAGE TO THE CENTRE

Any member who wilfully or through their negligence damages the Centre or its property will pay for the damage. Members are responsible for damages caused by their guests and children.

12. SAFETY, MAINTENANCE & SERVICE DEMAND

The Centre may from time to time as reasonably necessary:

close off any part of the premises or isolate any piece of equipment for maintenance or safety reasons;
change the hours of opening and closing or alter class timetables in accordance with demand; or
vary Centre rules.

Where this occurs the Centre will provide reasonable notice on the Centre notice boards or at reception.

13. DAMAGE & PERSONAL INJURY

Disclaimer
To the extent permitted by law, the Centre and IP Payments excludes any liability to the Member in Membership Agreement, tort, statute or in any other way for any injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by the Member and/or any other person, or for any costs, charges or expenses incurred by the Member, arising from or in connection with this Membership Agreement and/or the services/products provided by the Centre and/or IP Payments, and/or any act or omission of the Centre and/or IP Payments

Warning under the Fair Trading Act 1999 (Victorian Memberships Only)

If you participate in these activities your rights to sue the supplier under the Fair Trading Act 1999 if you are killed or injured because the activities were not supplied with due care and skill or were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in or on this notice/appointment. NOTE: The change to your rights, as set out in or on this notice, does not apply if your death or injury is due to gross negligence on the supplier’s part. "Gross negligence" is defined in the Fair Trading (Recreational Services) Regulations 2004.
Under the provisions of the Fair Trading Act 1999 several conditions are implied into Membership Agreements for the supply of certain goods and services. These conditions mean that the supplier named on this form is required to ensure that the recreational services it supplies to you are
* rendered with due care and skill; and
* as fit for the purpose for which they are commonly bought as it is reasonable to expect in the circumstances; and
* reasonably fit for any particular purpose or might reasonably be expected to achieve any result you have made known to the supplier. Under section 32N of the Fair Trading Act 1999, the supplier is entitled to ask you to agree that these conditions do not apply to you. If you authorise this form, you will be agreeing that your rights to sue the supplier under the Fair Trading Act 1999 if you are killed or injured because the services were not rendered with due care and skill or they were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in this form. NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part. "Gross negligence" is defined in the Fair Trading (Recreational Services) Regulations 2004.

14. SEVERABILITY

In the event any part of this agreement being or becoming void or unenforceable then that part shall be severed from this Agreement with the intention that the balance of this Agreement shall remain in full force and effect, unaffected by the severance.

15. SUSPENSION

Suspension may be possible under the terms of this Agreement. You may suspend for a minimum of 2 weeks at a time so long as the total time suspended within the minimum term does not exceed 6 weeks. In order to suspend you must contact the Centre manager in writing with reasonable notice (at least 3 days) prior to the date of suspension. There is a charge of $5.00 per week dependant on the type of membership while the Agreement is suspended. Any time spent on suspension will be added onto the minimum term of the Agreement so that the amount payable shall still be payable regardless of any suspension or suspension charges made.

16. BREACH OF TERMS & CONDITIONS

Any breach of these terms and conditions will result in a warning and any further breach will result in a second warning and your membership may be suspended or terminated. A proven serious breach of the general conditions of entry under Clause 5 may result in immediate termination of your membership without warning. The Member, and the Centre each hold reciprocal rights of termination for a material breach of any term or condition of this Membership Agreement. The Membership Agreement will be terminated upon receipt of written notice outlining the relevant breach.

17. TRANSFER OF MEMBERSHIP BY THE CENTRE

a. The Centre will have the right to assign or novate this Membership Agreement to a third party in the event of the sale of the business. b. The Centre may relocate to another premise within a 5 kilometre radius and the location at which the services are provided may change during the term of this agreement. In the event of a) or b) occurring you agree that this membership agreement will continue with the new third party and/or at the new location.

18. PAYMENTS BY DIRECT DEBIT

If paying by Direct Debit the Member agrees to pay the instalment amount at the agreed payment frequency until this Membership Agreement is terminated in accordance with clause 7 above. Should there be any arrears in payments the Member authorises the Centre to debit the outstanding balance in order to bring the account up to date.

19. PRIVACY

A Customer’s "personal information" (as that term is defined in the Privacy Act 1988 (Cth)) will only be used by the Centre or IP Payemnts to provide you with the services contemplated by this Membership Agreement or in accordance with your selection relating to the Privacy disclaimer overleaf. The Centre’s Privacy Statement can be obtained from the Centre.

20. CREDIT/DEBT REPORTING AGENCIES

If paying by Direct Debit, upon default by the Member in regard to any obligation under this Membership Agreement and failure to remedy the default after notification by the Centre, the Member authorises the Centre to notify any debt collection/credit reporting agency of the default. Should this occur then at the Centre’s sole discretion it may terminate the Membership Agreement at which time the full outstanding balance for the remainder of the minimum term or payments (including any current arrears) shall be due in full.

21. INCREASE IN FEES

If paying by Direct Debit, the Centre may at any time AFTER the end of the minimum term, upon sending written notice to the Member's last known address and giving 14 days notice, increase the instalment amount. If the Member wishes to terminate this Membership Agreement as a result of the increase in the instalment amount, the Member must notify the Centre in writing within 14 days of the date of the written notice sent by the Centre. The Membership Agreement will be terminated upon receipt of this notice. If the Member does not notify the Centre of its intention to terminate this Membership Agreement within such specified time period, then this Membership Agreement will remain in force and the increase in the instalment amount will be deemed to be accepted by the Member.

22. ENTIRE AGREEMENT

This Membership Agreement, and the DDR Service Agreement (if paying by Direct Debit) constitute the entire agreement, understanding and arrangement (express and implied) between the Member, the Centre and IP Payments relating to the subject matter of this Membership Agreement and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.

TERMS AND CONDITIONS OF THE IP PAYMENTS DIRECT DEBIT REQUEST (DDR) SERVICE AGREEMENT

Debit User’s name: IP Payments Pty Ltd (Us)

ABN: 86 095 635 680

Debit User ID’s: 306033 and 252550

You: The entity identified in the Customer Contact Details

1. INTRODUCTION

This service agreement sets out the terms on which we accept and act under a Direct Debit Request (“your Direct Debit Request”) you give us to debit amounts from your bank account or credit card under the Direct Debit System or credit card network. In terms of the Direct Debit Request arrangements made between us and signed by you, the Centre undertake to periodically debit your nominated bank account or credit card for the amounts identified in the Payment Schedule above and identified in your contract.

2. DRAWING ARRANGEMENTS

The drawings under this Direct Debit request will occur as follows:

1. As per the Payment Schedule

2. As per your Genesis Fitness Centre contract.

3. On an exception base (dishonour fees)

If any drawing falls due on a non-business day, it will be debited from your account on the next business day following the scheduled drawing date. The Centre will give you at least 14 days notice when changes to the initial terms of the arrangement are made. If you wish to discuss any of the notified changes to the initial terms please contact the Centres customer service department.

3. YOUR RIGHTS

Changes to the arrangement: If you want to make changes to the drawing arrangements, please contact the Centres customer service department.

These changes may include:

1. Deferring the drawing; or

2. Altering the schedule; or

3. Stopping an individual debit; or

4. Suspending the DDR; or

5. Cancelling the DDR completely.

4. ENQUIRIES

Direct all enquiries to the Centre, rather than to your financial institution, and these should be made at least 3 working days prior to the next scheduled drawing date. All communication addressed to the Centre should include you’re:

1. Contact name

2. Business name (if applicable)

3. Email Address

4. Contact telephone number

We will not disclose to any person any information you give us on your Direct Debit Request, which is not generally available, unless:

1. You dispute any amount we draw under your Direct Debit Request

2. You consent to that disclosure; or

3. We are required to disclose that information by law.

5. DISPUTES

If you believe that a drawing has been initiated incorrectly, we encourage you to take the matter up directly with the Centre by contacting customer service by email at the Centre info@genesisfitness.com.au. If you do not receive a satisfactory response from the Centre within 14 days, contact your financial institution who will respond to you with an answer to your claim:

1. Within 5 business days (for claims lodged - within 12 months of the disputed drawing); or

2. Within 30 business days (for claims lodged more than 12 months after the disputed drawing)

You will receive a refund of the drawing amount if we can not substantiate the reason for the drawing.

Note: Your financial institution will ask you to contact us to resolve your disputed drawing prior to involving them.

6. YOUR COMMITMENT TO US / THE CENTRE

It is your responsibility to ensure that:

1. Your nominated account can accept direct debits (your financial institution can confirm this); and

2. That on the drawing date there are sufficient cleared funds in the nominated account; and

3. That you advise the Centre if the nominated account is transferred or closed.

4. That you advise the centre of your new credit card expiry date.

If your drawing is returned or dishonoured by your financial institution you will be contacted explaining that the DDR has been declined and that you may be charged a dishonour fee. The drawing and dishonour fee may be recovered by re-drawing on your account in 5 days. We will charge you for any fees charged to us by your Financial Institution as a result of the reject.