MEMBERSHIP TERMS AND CONDITIONS – Upfront Payment

1. MEMBERSHIP TERMS – Direct Debit Memberships (updated July 2013)

1.1 CONTRACT
Please take sufficient time to review this Agreement. By signing this Agreement, you acknowledge that you understand that you have entered into a legally binding relationship between yourself and Fitness Forum Health Club. All rights and obligations are in force from the date of signing.

1.2 This Agreement is made between the “Member”, whose name appears in the Membership Details page of this Agreement, and MP Motors Australia Pty Ltd T/A Fitness Forum Health Club ABN 64 094 631 991 [“Fitness Forum”]

1.3 AMENDMENTS
These Terms and Conditions of this Agreement may be amended with the written consent of Fitness Forum and the Member. Fitness Forum reserves the right to make changes to the Terms and Conditions of Memberships as are deemed necessary. Every effort will be made to ensure that Members are advised of such changes.  1.4 This Agreement is issued without any handwritten amendments or additions. Any handwritten amendments, representations or additions to this Agreement do not form part of the Agreement, and  will not be recognized by Fitness Forum. In the event that the Member requires such amendment or  addition, a separate Agreement will be created to reflect such amendments or additions, and  submitted to Fitness Forum Club Manager for approval. In the event that there is any discrepancy  between this Agreement and information that has been relayed to you by a member of staff, this  Agreement is to be taken as the correct presentation.

1.5 MINIMUM AGE
Member shall have the legal capacity to enter in to this Agreement (i.e. be greater than 18 years of age). If the Member is of limited legal capacity (i.e. under 18 years of age), he/she represents that he/she has obtained the consent of his/her statutory representative prior to entering in to this  Agreement, and that the signature of the Parent/Guardian contained herein, is that of the Member’s Parent / Guardian.

1.6 CHANGE OF DETAILS
It is the responsibility of the Member to notify the club of any changes to personal or bank details as  soon as they occur.

1.7 TERM OF AGREEMENT
By signing this Agreement, you acknowledge that you understand that your Membership  commences on the Membership Start Date as shown on page one of this Agreement. this  membership will automatically be renewed on a fortnightly basis after the initial period has reached,  unless you cancel this automatic renewal by providing Fitness Forum with a completed Request for  Cancellation form (available on request from Fitness Forum) at least 30 days before cancellation.

1.8 COOLING OFF PERIOD
This Agreement is subject to a 7 days cooling off period calculated from the date the Application is  accepted by Fitness Forum.  During this 7 day cooling off period Member may terminate this Agreement, by completing a Fitness  Forum Cancellation Request Form in person, and returning this Agreement and the Membership  card to the club. Upon cancellation under this clause you will be refunded 50% of the monies paid,  paid within 7 days of the receipt of the completed Cancellation Request Form. Refunds will be made  by Cheque. No Cash refunds will be issued.

 

2. PAYMENT OF FEES

2.1 You have chosen to pay for your membership in fortnightly instalments. This Agreement authorizes  Fitness Forum to charge/debit the Members credit card/bank account for the Fortnightly fees shown  in this Agreement until the termination of the Membership in accordance with this Agreement.

2.2 Fortnightly Fees are payable (debited) in advance.

2.3 If Member fails to pay his/her Fortnightly fees by the due date, Fitness Forum reserves the right to  refuse Member entry to Fitness Forum until such outstanding payment is received.

2.4 If for any reason payment of the Member’s Fortnightly Fees is declined by Member’s credit card/bank  account a fee of $9.90 may be charged and will be payable by Member.

2.5 If fees are not received by the due date you agree Fitness Forum may continue to debit the nominated  credit/debit account with the total amount due without notice to you.

2.6 This Agreement authorizes Fitness Forum to charge/debit the Members credit card/bank account for  the increased Fortnightly Fees after the Fees Payable date.

2.7 TRANSFERRING MEMBERSHIPS
Upon written application and approval from management, Direct Debit Memberships may be  transferable upon written application and must be approved by management. A transfer fee of
$27.50. Approval may be withheld at management’s absolute discretion.

2.8 TIME HOLD
Only memberships that have time-hold privileges may be put on hold. Time-hold request cannot be backdated. In exceptional circumstances, an application in writing to Management is required, and  approval or disapproval for time-hold will be based on management’s absolute discretion. In cases of  physical incapacitation, a doctor’s certificate will also be required.

2.9 In cases of pregnancy, extended On Hold may be issued upon presentation of a doctor’s certificate stating time period when exercise is not recommended and the expected date of birth. Time hold may  be offered up to six (6) weeks past the expected date of birth. Cancellation of membership prior to  minimum term of agreement is not permitted during pregnancy.

2.10 The minimum suspension period is two (2) weeks; maximum period is two (2) months. A minimum of  five (5) business days notice is required to put fortnightly debits memberships on time-hold. Less than  five (5) business day’s notice may result in your next debit processed. The member, prior to the period  of absence must complete a time-hold request form otherwise the time-hold will not be processed.  There is a time-hold fee of $5.00 for each time-hold request, this fee will be debited from your  account. Should you time-hold your direct debit membership within your initial agreement, you are  aware this will alter your minimum term accordingly. In the case of temporary physical incapacity that  is validated by a medical certificate, the same procedure will be followed, but the member for time-hold will incur no cost.

2.11 INCREASE IN FEES
Fitness Forum reserves the right to increase the rates for Direct Debit Memberships. Students who no longer in High School will be given the Member no less than 14 days notice in writing of the
increase. The Notice will be sent to the Member’s last notified address.

2.12 Direct Debit Members are required to provide details of a direct debit account for immediate direct debit following the initial membership period.

2.13 COLLECTIONS
Fitness Forum has an arrangement with an outsourced Debt Collections Agency and as such we are obliged to manage our accounts in a professional manner and reserve the rights to refer overdue
amounts to collections. In the event of payment default the Member will be liable to Fitness Forum for all outstanding monies due and will be liable to pay Fitness Forum debt recovery expenses and legal costs.

3. CANCELLATION OF AGREEMENT

3.1 CANCELLATION PROCEDURES
Any request for Membership termination must be made in person at Fitness Forum premises. A Cancellation Form will need to be completed and authorised by Member. Requests via phone, fax,
email or other mediums will not be processed. All Cancellation requests will be processed in accordance with this Agreement.

3.2 Early cancellation is permitted providing that the member pays Early Cancellation Fee of $195 as set
out on terms of this agreement.

3.3 In exceptional circumstances, a early cancellation may be granted at a discounted fee upon an application in writing to Club Management, approval or disapproval for early cancellation will be
based on supporting documentation (e.g. doctor’s certificate stipulating specific conditions and time period when exercise is not recommended or moving out of the area within a 10 kilometre radius. A copy of your name and new address will need to appear on either a Drivers license or a utility bill.)

4. CLUB ACCESS

4.1 This agreement entitles the Member to the use of resources and equipment at Fitness Forum in accordance with the elements herein. Failure to use resources and equipment at Fitness Forum does not excuse the Member from the obligations contained within this agreement.

4.2 The nature of Membership under this Agreement is exclusive. The rights of Membership shall be enjoyed only by the Member.

4.3 Member agrees to have his/her photograph taken for use in member identification and Member must show his/her valid Fitness Forum Membership card before entry.

4.4 Membership card remains the property of Fitness Forum and must be returned upon request. It is provided for the sole use of the Member and must not be lent to another person. In the event of a lost or stolen Membership card, Member should contact Fitness Forum regarding the reissue of a replacement card. A fee of $11 will be charged to cover the cost of the replacement card.

5. UP GRADE/DOWN GRADE OF MEMBERSHIP

5.1 There is an administration fee of $10 for all upgrade and downgrade applications. Members wishing to down grade from a Full Access membership to Off Peak Access must be deemed to completed their initial membership term of agreement, if so you forfeit the right to last fortnight’s membership at peak rates. No refund will be provided.

6. CLUB RULES

6.1 By signing this agreement you agree to abide by the rules set by Fitness Forum in relation to the use of its facilities and to conduct myself appropriately and follow the reasonable directions of Fitness Forum Health Club and its staff whilst I am on or about the premises. I acknowledge that if I fail to comply with any such rules or directions and otherwise engage in behaviour which is offensive or disruptive to Fitness Forum Health Club or other members, that I may be asked to leave the premises, forcibly removed if necessary and/or have my membership cancelled. In such case no refund of membership will be paid.

6.2 Members are requested to adhere to the Gym Rules and Code. The code covers aspects of safety, hygiene and etiquette in the facility and notices on policy are displayed within the centre. Instructors are there to help you train safely and effectively. Please observe any instructions given regarding safe exercise technique and safe practice so neither yourself or others around you are put at risk. Children without clearance are not allowed on the fitness gym floor at any time. 6.3 In order to enable enjoyment of your Club by all parties, Member agrees to comply with the following
rules:
6.4 Equipment is to be used and shared considerately.

6.5 In busy periods please the use of cardio equipment will be limited to 20 minutes if others are waiting to use this.

6.6 Smoking, alcohol, drugs are not permitted in the Club.

6.7 Workout attire must be clean and tidy. No jeans, offensive or torn items are permitted.

6.8 Towels must be used at all times and Member must wipe down equipment after use.

6.9 Sports shoes must be worn in the gym.

6.10 Footwear must be worn in all areas of the Club.

6.11 Member must be aware of their personal hygiene so it is appreciated if Member wears deodorant if
necessary.

6.12 No promotion, or solicitation of business is allowed in the Club without prior permission of Fitness
Forum management.

6.13 Foul language, yelling, fighting, aggressive or discourteous behaviour will not be tolerated.

6.14 Member will book for classes, fitness appointments or crèche that require bookings and show
consideration to other members by cancelling in advance any bookings that Members is unable to
attend. In some cases a for non cancellations a fee may apply.

6.15 Member agrees to pay for any of the Club’s equipment or facilities damaged either deliberately or
negligently by Member.

6.16 For the safety and consideration of other Members, Fitness Forum reserves the right to terminate the
Membership of any Member found in breach of the Terms and Conditions contained herein. No
refund in respect of any prepaid fees will be made.

7. RELOCATION & CHANGES

7.1 Member expressly acknowledges that Fitness Forum reserves the right to change the nature, format, presentation or number of services and facilities as deemed suitable. As much warning of any
changes as is practicable, will be provided for Member’s information at the Club/s, and / or on the website.

8. FEEDBACK AND COMPLAINTS

8.1 All Feedback and Complaints must be made in person and in writing by completing the forms at Reception. Only written feedback and/or complaints will be processed by Fitness Forum.

8.2 Fitness Forum will respond to all Feedback and Complaints within 48hours of receiving forms.

8.3 PRIVACY

Fitness Forum Health Club collect sand use personal information about you primarily to supply the products and services you utilise at the Clubs.  Fitness Forum Health Club also collects and uses personal information for related purposes  including:

• billing and account management;
• business planning and product development; and to provide you with information about
promotions, as well as other products and services offered at Fitness Forum Health Club.
• If you do not provide all the personal information Fitness Forum Health Club request from you,
Fitness Forum Health Club may be unable to supply the products or services you have requested.
By providing your personal information to us you acknowledge that, and consent to us collecting
and using your personal information to contact you for market research and to provide you
information and offers about products and services offered by Fitness Forum Health Club.

8.4 Fitness Forum Health Club value the personal information you provide and will also take all possible
precautions to prevent unauthorised access to that information. not give your personal information to
any other organisation for their marketing purposes. with your assistance, keep your personal
information accurate, complete and up to date.

9. DISCLAIMER OF LIABILITY

9.1 The Member warrants and represents that he/she has consulted with his/her physician prior to
beginning any exercise program, and has received approval to undertake same.

9.2 It is the Member’s responsibility to correctly use the Club’s equipment and facilities and premises.
The use of facilities at Fitness Forum naturally involves a degree of risk of injury to the Member
him/herself, or to other Members or guests, whether caused by the Member or third parties. By
signing this Agreement the Member acknowledges that he/she understands and voluntarily accepts
the risk.

9.3 The Member agrees that , its officers, directors, and employees will not be liable for any injury
including, without limitation, personal, bodily, or mental injury, economic loss, or any damage to the
Member, or his/her relatives or guests resulting from the negligence of Fitness Forum or anyone
acting on Fitness Forum behalf, or anyone using the facilities.

9.4 The Member agrees to bear all responsibility for all liabilities or damages arising from any injury,
including without limitation, bodily or mental injury, economic loss, or damage to another Member
caused by the deliberate or negligent action of the Member him/herself. If any claim is made by
anyone based on injury, loss or damage described herein, which involves the Member or his/her
guest, the Member agrees to fully indemnify Fitness Forum against all claims and liabilities including
legal fees resulting from the Member’s actions.

9.5 The Member understands that Fitness Forum does not manufacture fitness or other equipment, but
purchases / leases equipment. The Member understands that Fitness Forum is providing
recreational services and may not be held liable for defective products.

9.6 Fitness Forum is not responsible for any items lost or stolen on its premises for any reason
whatsoever. Items of value should not be stored in day lockers. Member is solely responsible for
safekeeping his / her belongings on the premises. In the event where this exemption clause is held
unenforceable by the court, the Member agrees that Fitness Forum’s maximum liability shall be
limited to $200.

9.7 During each workout, the Member will have at his / her disposal, a locker to store his / her items.
lockers must be cleared when the Member has finished his / her workout. lockers will be cleared each
night, and cleared of any items remaining in them. Items will be donated to charity after 30 days, and
Fitness Forum will not be responsible for these items after they have been cleared. All lockers must
be locked with a key supplied by the Club.