TERMS AND CONDITIONS – CLUB MEMBERSHIP AND LIABILITY RELEASE AGREEMENT
24/7 means 24 hours per day, 7 days per week unless the Club is closed in accordance with this Agreement.
Agreement means this Agreement made between you and UFit247 and associated documents such as the Membership Details Form.
Club means the UFit247 club at which you applied to have your Membership granted or any such club that your membership may be transferred to.
Club Access Key means your membership card allowing you to enter the Club.
Club Access Key Fee means the fee charged for the Club Access Key as specified in the Agreement which may change from time to time at the discretion of UFit247.
Club Rules means the Club rules which are located at the Club near the reception area.
Direct Debit Fee means the fortnightly fee payable on the Membership inclusive of any Payment Provider fees.
Direct Debit (“DD”) Membership means a Membership where the Member has elected to make payment of their Membership on a fortnightly basis by having the fees direct debited for his/her nominated bank account.
Dishonour Fee means the fee charged by the Payment Provider when there are insufficient funds in the Member’s nominated account to pay the membership fee.
Facilities mean any of the UFit247 clubs, its equipment and services.
Home Club means the club at which a member has joined, or has transferred to
Joining Fee means the one-off fee that is paid to join the Club when a person becomes a member. The amount of the joining fee may change from time to time at the discretion of UFit247.
Member means the individual who has entered into this Agreement. ‘You’ has the same meaning.
Membership means the type of membership you have chosen which is described in the Membership Details Form.
Membership Details Form means the page of details attached to this Membership Agreement.
Membership Fee means the fees that are due and payable by the Member as per this Agreement.
Membership Hold means that your Membership is placed on hold for a specific period of time in accordance with Clause 2(b) of this Agreement
Minor means a person under the age of 18.
Paid-in-Full (“PIF”) Membership means a Membership where a Member has paid for 12 months of membership in one (1) lump sum.
Payment Provider means the payment provider specified by UFit247 which is currently Ezidebt Australia Pty Ltd unless specified otherwise.
Staffed Hours means the hours that the Club will have a staff member present for membership queries, sign-ups, induction, and the like. An outline of staffed hours can be found on the entrance to the Club or on www.UFit247.com.au. Staffed hours may change at any time without notice.
UFit247 means the entity specified in the Membership Agreement and includes its heirs, estates, agents, representatives, officers, directors, shareholders, successors, affiliates, subsidiaries, transferees and employees.
(a) Nature of Membership: The Membership permits you to use UFit247 premises, facilities, equipment and services as shown and limited by the membership identified. UFit247 reserves its rights to sell Memberships at different rates and terms.
(b) Membership holds
(i) You must not have any joining fees and/or on-going membership fees outstanding to be eligible for a membership hold.
(ii) The first 12 fortnights is free of charge.
(iii) Any additional fortnight thereafter will be charged at $3.00 per fortnight (maximum of 6 fortnights).
- c) Change to details: For any change of details relevant to the Membership including but not limited to details such as name, address, phone number and bank account, you must notify UFit247 as soon as possible by completing a Change of Details Form which you can obtain from the Club.
(d) Transfer of membership: You may transfer your membership to a non-member at any time. A membership transfer fee is payable and the incoming member must complete a new Membership Agreement and Club Orientation and Induction.
- e) Transferring to another home club: Only DD Memberships can be transferred another Home Club.
- FEES AND PAYMENTS
Electing this Membership means that your fees will be debited from your nominated bank account on a fortnightly basis.
You give authority to Ezidebit Australia Pty Ltd and agree to be bound by the direct debit and credit card charging terms and conditions as described in this Agreement.
Upon initial sign-up, fees will be charged on a pro rata basis depending on which day in the fortnightly cycle you become a Member.
If a direct debit is disallowed by the bank for whatever reason then you will be charged a dishonour fee by the Payment Provider in addition to any other fees you may be charged by your financial institution. The dishonour fee is set by the Payment Provider and may be subject to change. The dishonour fee is $14.80.
UFit247 may, at any time, change the Membership Fees. UFit247 endeavours to provide you with written notice of the fee change. The change will take effect 30 days after the date of the written notice. The written notice can include letter by post, email or SMS to the most recent contact details provided by you. The Payment Provider may be changed at any time whether it is by the discretion of UFit247 or the Payment Provider.
In the event that the current Payment Provider is changed, you consent to UFit247 providing your personal information relevant to the Membership to the new Payment Provider.
(b) You must pay for 12 months in one (1) lump sum payment.
(c) Club Access Key
(i) You must pay $49 for the Club Access Key upon joining
(ii) You will be charged $49.00 for the replacement of your Club Access Key if it is lost, stolen or destroyed.
- MINIMUM AGE
- All Members of UFit247 must be minimum 14 years of age.
- Minors under the age of 14 are not allowed in the Club. All Minors must have a parent or legal guardian agree to
- the terms of the Agreement and the Minor must attend with the parent or legal guardian to obtain the membership.
- Members who are 14 and 15 years old are not entitled to a Club Access Key and must attend the Club during staffed hours. Members who are 14 and 15 years old can attend during unstaffed hours only if they are in the company of their parent or legal guardian who is also a Member. Once a Member turns 16 years old, they can purchase a Club Access Key
- STAFFED AND UNSTAFFED HOURS
- Staffed hours are displayed at the entrance to the Club and on www.UFit247.com.au
- As the Club operates on a 24 hour basis, 7 days a week, the Club is predominantly unstaffed and is accessible by Members during unstaffed hours.
- You enter and use the facilities at your own risk during all hours whether staffed or unstaffed.
- ACCESS BY NON-MEMBERS
- Only Members are granted access to UFit247 clubs.
- No Member is permitted to bring a non-member into the Club.
- If a Member breaches clause 6(b), the Member accepts responsibility and liability on their personal behalf for any injury, loss or damage attributed to the nonmember whether or not caused through the negligence of UFit247.
- The Member can be fined $150.00 for breaching Clause 6(b) and UFit247 reserves its right to terminate that Member’s membership along with a termination fee and/or prohibit that member from joining any other Club.
- VIDEO SURVEILLANCE
UFit247 uses video surveillance equipment to monitor the Club 24 hours per day, 7 days per week. You acknowledge that:
- You will be subject to video surveillance and recording whilst you are in the Club;
- The recording remains the property of UFit247;
- You give permission for UFit247 to use this surveillance, image or recording for lawful purposes;
- Surveillance is on all areas of the premises except the bathrooms and consultation room/s.
- CLUB ORIENTATION AND INDUCTION
- You must participate in a Club Orientation and Induction session.
- The session is designed to orientate Members in aspects of the Club such as use of equipment, amenities, club layout, entry/exit points and expected conduct whilst in attendance at the Club.
- If UFit247 consider there to be unsatisfactory completion of the orientation and/or induction, your Membership may be suspended or cancelled.
- PHYSICAL CONDITION AND MEDICAL ADVICE
- You represent and warrant that you do not have any physical, medical or other disability or condition which may be affected or aggravated by, or which may result in any sickness, injury or death to you as a result of your use of the Club or its facilities.
- If you have any current medical concerns or any that may arise throughout the course of your Membership, then you must discuss them with your doctor before attending the Club and/or using the facilities and services contained therein.
- You acknowledge that UFit247 purchases or leases the Club’s equipment from a third party.
- UFit247 will not be held liable for defective products or equipment.
- You acknowledge that equipment may be damaged or may break down during staffed or unstaffed hours and that it is your responsibility to check the equipment before you use it to ensure it is safe for use.
- It is your responsibility to use the equipment safely and that you follow any safety instructions.
- TERMINATION OF MEMBERSHIP BY THE MEMBER WITHIN THE COOLING-OFF PERIOD
- Your Membership is subject to a 7-day cooling off period.
- You may terminate at any time within this period if you provide a written request to UFit247by way of completion of the Membership Cancellation Form. This can be collected from the Club during staffed hours.
- If you decide to terminate your Membership Agreement within this timeframe then UFit247 will refund you any fees paid less the cost of any administration fee and less the cost of any unpaid fitness service supplied to you.
- You must return your Club Access Key
- TERMINATION OF MEMBERSHIP BY THE MEMBER OUTSIDE OF THE COOLING-OFF PERIOD
- You may terminate at any time if you provide a written request for termination of your membership to UFit247- by way of completion of the Membership Cancellation Form. This can be collected from the Club during staffed hours.
- For termination of a Direct Debit Membership:
- You must have no outstanding fees and must return your Club Access Key.
- The Membership ends four (4) weeks following the day of the next direct debit billing date provided that the Membership Cancellation Form is received at least two (2) business days before the next direct debit billing date. Otherwise, your cancellation request will be actioned from the next scheduled direct debit billing date
- For termination of a PIF Membership, you will not be entitled to a refund of the remaining fees on your Membership unless you provide medical evidence in the form of a medical certificate of a permanent sickness or physical incapacity that inhibits you from using the facilities in the Club.
- You may continue to use the Club for any period that you have paid in advance.
- In the event of death, your estate must provide written evidence in the form of an original or certified copy of the death certificate in order for direct debit payments to cease in a DD Membership and all unused membership fees to be refunded in a PIF Membership.
- TERMINATION OF RESTRICTION OF MEMBERSHIP BY UFIT247
- UFit247 may restrict or terminate your membership at any time on the following basis:
- Concern for the health and/or safety of yourself and/or other Member/s;
- Improper or harmful conduct;
- You fail to follow Club rules;
- There is reasonable suspicion that you are engaging in illegal activity in the Club;
- You fail to make payments of your Membership fees for a period of three (3) fortnights;
- You breach any part of this Agreement.
- LIABILITY FOR PROPERTY
- UFit247 does not take responsibility for any personal property that is damaged, lost or stolen while you are in or around the Club including but not limited to any personal property left in an open locker or anywhere else.
- If you cause damage to the Club or to any of its equipment, you are liable to UFit247 for its cost of repair or replacement
- RELEASE AND INDEMNITY
- To the extent permitted by law, UFit247 excludes any liability to the Member in Agreement, tort, statute or in any other way for any injury, damage or loss of any kind 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 UFit247, and/or any act or omission of UFit247.
- Whilst every attempt is made to ensure that the services and facilities provided by UFit247 are safe, you acknowledge that death or personal injury may result not only from your actions but from the action, omission, or negligence of others.
- You enter the Club and use the equipment and services at your own risk
- You acknowledge that contractors, tenants and franchisees provide services in UFit247, such as personal trainers and massage therapists. You acknowledge that such service providers are not servants or agents of UFit247and are independent of UFit247. You pay these service providers directly. We are not liable for such payments or for any associated costs or refunds. Any service they provide to you is a contract between you and them, and we are not responsible for any breach of contract and/or negligence. You release and indemnify UFit247 from any claim resulting from a negligent act or omission by a contractor, tenant or franchisee.