These are the Terms and Conditions on which IGYM 247 CARRUM DOWNS PTY LIMITED - ABN 64 618 708 919 of 4/580 Frankston - Dandenong Road, Carrum Downs VIC 3201 (“we” or “us” or “our”) is willing to provide membership to the Fitness Business to you. Any variation to these Terms and Conditions must be in writing and signed by our authorised officer. THIS IS AN IMPORTANT DOCUMENT – PLEASE ENSURE YOU READ IT CAREFULLY THIS IS PART OF YOUR CONTRACT
1. Contract Rectification
We have seven (7) days after the formation of the Contract to rectify any error or miscalculation provided in the Contract.
2. Cooling Off Period
After applying for membership, you have a seven 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 Administration Fee and the cost of any fitness services already supplied will be applicable. If you terminate your Contract after the Cooling off Period, different conditions will apply. The following termination clauses outline your right to terminate the Contract and any fees payable in such circumstances.
3. Termination within the Minimum Term
You may terminate the Contract without additional fees prior to the expiry of the Minimum Term with immediate effect by providing us with written notice if:
4. Termination on expiry of the Minimum Term
If you have a Fixed Term Contract, it will terminate automatically upon expiry of the Minimum Term. If you have an Ongoing Contract you must provide written notice of termination at any time prior to the expiry of the Minimum Term and the Contract will then terminate on expiry of the Minimum Term.
5. Termination after the Minimum Term
If you have an Ongoing Contract you may terminate the Contract after the Minimum Term if you provide us with thirty (30) days written notice & all outstanding debts have been made up to date. Any unpaid fees will need to be paid by you or we may take action to recover the outstanding payments. We can refuse you entry to the Fitness Business at any time that your membership payments are not up to date.
6. Termination when Changes made to Terms and Conditions
You are entitled to terminate the Contract with immediate effect at any time by providing us with written notice if:
7. Termination where we Breach our Obligations
If we are in breach of our obligations under the Contract and we have not remedied that breach within a reasonable time after you have notified us of our breach in writing, you are entitled to terminate the Contract with immediate effect at any time by providing us with written notice. No fees will be applicable for cancelling in accordance with this clause apart from, to the extent not impacted by our breach, the Administration Fee, Membership Fees for the time you have been a member and any additional fees for fitness services already supplied.
8. Termination for Medical Reasons
You may terminate the Contract with immediate effect at any time by providing us with written notice if you produce supporting documentation to our reasonable satisfaction to demonstrate medical incapacity. In that event, you will only be charged the Administration Fee, Membership Fees for the time you have been a member and any additional fees for fitness services already supplied.
9. Fitness Business Rules
You must ensure you read, understand and abide by the Rules which are notified to you through signage, hand-outs or our website.
10. Right of Exclusion
We can refuse entry to the Fitness Business, cancel your membership and/or terminate the Contract without warning or notice for inappropriate threatening or harassing behaviour, damaging equipment or facilities or use of illegal or performance enhancing drugs in the Fitness Business.
11. Payment of Fees
Direct Debit Service Provider: You acknowledge that, if you choose the periodic billing option, payment will be made in advance via the direct debit service. You acknowledge that you have been provided with a copy of the Direct Debit Service Provider terms and conditions. You acknowledge that the Direct Debit Service Provider may amend those terms and conditions from time to time by giving 30 days notice by communicating an updated version on the Direct Debit Service Provider website, being. You may contact the Direct Debit Service Provider on 1800 148 848. Payment: All Membership Fees may be recovered from your nominated credit/debit account (as provided from time to time). Any bank fees charged to us because of a rejection when collecting your due membership fees may be charged directly to you by us or the Direct Debit Service Provider. If a Membership Fee payment remains outstanding, you agree that, unless we are in breach of our obligations under the Contract, we or the Direct Debit Service Provider may continue to debit the nominated credit/debt account for the total amount due without notice to you. Direct Debit Service Provider Fees: Membership Fees may include a fee payable for the service provided by the Direct Debit Service Provider.
12. Administration Fee
The Administration Fee is a fee used for set up costs of a new or a renewing membership. The Administration Fee is not refundable, even if you choose to cancel your Membership Application during your Cooling Off Period.
13. Membership Fee Increase
If you have an Ongoing Contract or a Periodic Agreement then, subject to your rights in clause 7, we reserve the right at any time after the Minimum Term of the Contract, to increase the Membership Fees to be charged. If we increase Membership Fees we will provide at least two weeks prior notice of the increase by post or email to the addresses provided by you in the Membership Application. Following such notice, you authorise us to increase any direct debits to your credit card or bank account which you have authorised upon joining. We will not use this right to vary the terms on any special offer which applies to you.
Membership suspension is available provided that all amounts payable for your membership are paid up to date. You can suspend your membership for travel, medical or other reasons permitted by the Rules upon provision of satisfactory supporting documentation. All suspensions must be applied for in writing to us at least fourteen (14) days prior to the commencement of the suspension period. Debit payments will only be suspended for the direct debits that fall within the suspension period. Suspensions incur a $10 fee.
15. Damages/Personal Injury
Warning: Whilst in the Fitness Business you may suffer injuries including broken bones, soft tissue injuries and joint injuries. Any injuries suffered by you may occur as a result of weights striking you, collision with equipment or other members or as a result of you slipping on wet flooring. Limitation of Liability, Release and Indemnity: 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 for loss and damage to your personal property arising from our failure to supply services to you with due care and skill and in a manner fit for the purpose which is reasonable to expect in all the 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 in the Fitness Business or using our facilities, services or products;
▪ 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 in the Fitness Business or from using our facilities, services or products.
16. Direct Debit Service Provider
You acknowledge that the Direct Debit Service Provider is not a party to the Contract and its only role is to provide direct debit services to us. You may have separate rights against the Direct Debit Service Provider pursuant to the Direct Debt Service Provider terms and conditions. You otherwise agree not to hold the Direct Debit Service Provider liable for any actions, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs and expenses arising from or in connection with your involvement in fitness activities in the Fitness Business or otherwise in connection with the Contract.
17. Risk Management
To mitigate risk and ensure that you correctly operate or use any of our facilities, services, products or equipment, including the adjustments of levels or settings on any equipment, you are required to undertake an instructional consultation with a member of our staff before use.
18. Responsibility for Damage
You are solely responsible for any damage which you may cause to the Fitness Business, its facilities, services, products or equipment, if such damage is caused by your wilful act and/or negligence.
19. Disclosure of your Physical Condition
Provision of a safe and effective exercise program is dependent upon accurate health and fitness profiling. You agree to disclose to us 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 inclusive of any health risk assessment, initial and periodic fitness assessment and relevant information or recommendations provided by your medical or allied health practitioner/s. You further warrant and represent that you will not use the Fitness Business or any of our 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 ailment such as open cuts or sores or minor infections where there is a risk, however small, to other members and guests.
20. Change of Details
You must keep us promptly informed of any change of address, phone contact numbers, email address, bank account and credit card details for payment and any other personal information that is relevant to your membership with us.
Contractors and franchisees may provide services at the Fitness Business. Fees for such services are paid directly to the contractors and franchisees. We take no responsibility for the fees paid to these contractors and franchisees. You hereby agree not to hold us liable and you agree to indemnify us and keep us indemnified for any claims suffered by you as a result of an act or omission by a contractor or franchisee in the Fitness Business.
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 the Fitness Business, 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 certain types of your personal information, such as information relating to your health and financial position. We will only use and the Direct Debit Service Provider will only use, disclose or deal with such information in accordance with our Privacy Statement. A full copy of our Privacy Statement is shown on our website at https://igym247.com/privacy-policy/.
25. Governing Law
These Terms and Conditions are governed by, and you agree to submit to, the laws applicable in the state or territory of Australia in which the Contract was formed.
We may, subject to your rights in clause 7, alter these Terms and Conditions or the Rules at any time upon thirty (30) days written notice. All use of our Fitness Business and its facilities, services and products after the date specified in such notice will be subject to such altered Terms and Conditions or Rules. If you continue to use our Fitness Business and its 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 or Rules, you will be deemed to have agreed to the altered Terms and Conditions or Rules.
27. Your Obligations
You acknowledge that the Consumer Credit Code does not apply to these Terms and Conditions. If, at any time:
If any part of this Contract is or becomes illegal, void or unenforceable, this does not invalidate the rest of this Contract.
29. Fees & Charges Summary
This contract has no minimum term & will then continue unless terminated by you or IGYM 247 CARRUM DOWNS PTY LIMITED in accordance with the Contract ("Ongoing Contract").