Beaconsfield Fitness Centre
Member Terms & Conditions
Last update: May 2018
This document outlines our Member Terms & Conditions.
These terms are stated below.
In this Agreement unless the contrary intention appears:
2.1 The singular includes the plural and vice versa.
2.2 A reference to a party includes that party’s legal personal representative heirs and assigns.
2.3 “Member” includes the parent or guardian of the Member if the Member is under 18 years.
2.4 “Card” means the Beaconsfield Fitness Centre membership card.
2.5 “Centre”, “We“, “Our” and “Us” et cetera refers to the Beaconsfield Fitness Centre.
2.6 The Beaconsfield Fitness Centre website address is www.beaconsfieldfitness.com.au
2.7 Paying Guests, non-paying Guests who provide valid free passes, and persons who have current Memberships are Members.
3. LEGALLY BINDING AGREEMENT
The Member acknowledges and agrees that:
3.1 The Direct Debit Request and Contract is legally binding whether the use of the Centre and its services is determined and paid on a recurring or once-off time basis such as monthly or yearly.
3.3 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,
3.4 They are 18 years of age or older at the time of signing, and not under any other legal disability. If not, a parent or adult guardian will also sign.
3.5 The Beaconsfield Fitness Centre “Adult Pre-Exercise Screening Tool” does not provide advice on a particular matter, nor does it substitute for advice from an appropriately qualified medical professional. No warranty of safety should result from its use. The screening system in no way guarantees against injury or death. No responsibility or liability whatsoever can be accepted by Beaconsfield Fitness Centre for any loss, damage or injury that may arise from any person acting on any statement or information contained in this tool.
3.5.1 If you answered “YES” to any of the 7 questions in the Adult Pre-Exercise Screening Tool, please seek guidance from your GP or appropriate allied health professional prior to undertaking physical activity/exercise.
3.5.2 If you answered “NO” to all of the 7 questions in the Adult Pre-Exercise Screening Tool, and you have no other concerns about your health, you may proceed to undertake light-moderate intensity physical activity/exercise however prior guidance from your GP is also recommended.
3.6 The member acknowledges and agrees to the best of their knowledge, that all of the information they have supplied to the Beaconsfield Fitness Centre is correct.
3.7 This agreement is governed by the laws in place in the State of Victoria, Australia.
3.8 We may change these terms from time to time and we will provide these updated Member Terms & Conditions at Reception upon request, as well as by providing them on our website at www.beaconsfieldfitness.com.au/terms.
3.9 Use of our Centre and its services, constitutes acceptance of these Member Terms & Conditions.
4.1 All members must present their Card and/or sign in at reception every time they attend the Centre.
4.2 At no stage are you permitted to give your Card to non-members to allow them to access the Centre.
4.3 If a member would like to train with a non-member the non-member must pay the casual visit fees.
4.4 Members should advise of changes of address and phone number to Reception.
4.5 The facilities are available to the general public and not exclusively for Members.
4.7 To use the Centre, your membership must be valid and fees be paid up to date.
4.8 In the case of a guest, fees must be paid or a valid free pass be presented.
4.9 We may have video surveillance in some areas excluding change rooms.
4.10 No person may use the Centre and its services if they do not agree to these Member Terms & Conditions.
5. CONDITIONS OF ENTRY
5.1 Entry will be refused or a person requested to leave the Centre if the person:
is abusive, unpleasant, offensive, annoying, threatening, or non-compliant with the centre rules.
(As deemed solely by the discretion of Beaconsfield Fitness Centre management and its employees)
and/or is under the influence of drugs or alcohol.
5.2 No drugs, alcohol, smoking or vaping are permitted in the Centre.
5.3 No chewing gum is permitted in the Centre unless the gum is made for smoking cessation or other medical reasons.
5.4 Gym towels must be used at all times.
5.5 Weights and equipment must be returned to their correct place after use.
5.6 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.
5.7 No person under the age of 14 is allowed to train in the Centre unless accompanied by a guardian or qualified instructor.
5.8 Members between the age of 14 to 17 may train in the facility without a parent or guardian being present.
5.9 No food is allowed in the exercise areas. Food is permitted in the Member’s Lounge.
5.10 We may exclude latecomers to classes at our discretion.
5.11 White soled shoes and non-marking balls must be used on squash courts.
6. PERSONAL ITEMS
6.1 All items stored in the provided lockers are at your risk and we do not accept responsibility for any items lost, damaged or stolen whether placed in lockers or otherwise.
6.2 Bags are not permitted in the Centre unless placed in the lockers provided.
6.3 Bags are permitted to be held or left within the Member’s Lounge as well as in the Change Rooms however we do not recommend that they be left unattended especially if they contain valuable items.
7. CANCELLATION & REFUNDS
7.1 All Direct Debit Request cancellation requests must be directed to Reception.
7.1.1 Termination of a Direct Debit Request and Contract will also terminate the Direct Debit Request Authority.
7.2 There will be no refund given if you wish to terminate your membership prior to the end of your agreement.
7.3 We agree to and will refund any membership fees or any other fees that the law requires.
7.4 Upon providing written advice of a permanent disability or serious illness, along with a letter from a medical practitioner detailing the disability or illness, the Centre may agree to cancel the paid-in-full membership effective from the day of notice. In such a case the calculated balance of the unused portion of the membership shall be refunded to the Member.
7.5 In the case of a Member’s death, the Centre may agree to refund the calculated balance of the unused paid-in-full portion of the Membership to the family, or transfer the remaining Membership to a family member. No transfer fees will be applied in this instance.
8. TRANSFER OF MEMBERSHIP
8.1 You have the ability to transfer the remaining time on your memberships agreement to another person by agreement of the Manager of the Centre.
8.2 Transfer incurs a transfer fee of $50.
9. ADDITIONAL FEES FOR GOODS AND SERVICES
9.1 Some goods and services may require additional fees as specified by the Centre.
10. DAMAGE TO THE CENTRE
10.1 Any Member who wilfully or through negligence damages the Centre or its property will pay for the damage.
10.2 Members are responsible for damages caused by their guests and children.
11. SAFETY, MAINTENANCE & SERVICE DEMAND
The Centre may from time to time as reasonably necessary:
11.1 close off any part of the Centre or isolate any piece of equipment for maintenance or safety reasons;
11.2 change the hours of opening and closing or alter class timetables in accordance with demand; or
11.3 vary Centre rules. Where this occurs, the Centre will provide reasonable notice such as on the Centre notice boards and/or at reception, and/or on our website.
12. DAMAGE & PERSONAL INJURY
To the extent permitted by law, the Centre excludes any liability to the Member in the 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 the Direct Debit Request, other forms of payment, and Contract and/or the services/products provided by the Centre, and/or any act or omission of the Centre.
Warning under the Australian Consumer Law and Fair Trading Act 2012
A. If you participate in these activities your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 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.
B. Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees 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
*are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
*might reasonably be expected to achieve any result you have made known to the supplier.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. By signing this contract and/or through your use of our Centre and its services, you agree that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.
N.B.: 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, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
13.1 Members paying by direct debit may cancel their direct debit payments at any time, however they must provide one week’s notice before the time of their direct debit billing or they may be billed for the upcoming month.
14.1 In order to suspend your membership, you must contact Reception and inform them.
14.2 The minimum permitted time for a paid-in-full suspension is 2 weeks.
14.3 The maximum total permitted time for a suspension is 25% of the initial paid-in-full membership time period.
14.4 Members paying by direct debit may suspend their direct debit payments and may then resume them as they wish however they must provide one week’s notice before the time of their direct debit payment time.
15. BREACH OF TERMS & CONDITIONS
15.1 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.
15.2 A serious breach of the general conditions of entry under Clause 5 may result in immediate termination of your membership without warning.
15.3 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.
16. PAYMENTS BY DIRECT DEBIT
16.1 If paying by Direct Debit, the Member agrees to pay the instalment amount at the agreed payment frequency until the Direct Debit Request and Contract is terminated in accordance with Clause 7 above.
16.2 Should there be any arrears in payments, the Member authorises us to debit the outstanding balance in order to bring the account up to date.
17.1 A Customer’s “personal information” (as that term is defined in the Privacy Act 1988 (Cth)) will only be used by the Centre or Direct Debit Request Provider and/or other third parties to help provide you with the services described by the Direct Debit Request and Contract.
17.2 Unless you indicate to the contrary, you agree that we may use your personal information for internal marketing purposes. We may use your personal information to develop marketing lists and other programs for internal use only so that we may offer you goods and services by mail, telephone, email or SMS. If you do not want to be contacted in this manner please notify Reception or opt out of the advertising by replying STOP in the case of SMS etc.
18. ENTIRE AGREEMENT
18.1 The Member Terms & Conditions, Direct Debit Request and the Contract, constitute the entire agreement, understanding and arrangement (express and implied) between the Member, and the Centre relating to the subject matter of the Direct Debit Request and Contract and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.
29 Woods Street,
Tel: (03) 9707 2929
Fitness experts since 1988