Terms and Conditions – Westgate Health Club

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MEMBERSHIP TERMS AND CONDITIONS

Welcome to Westgate Health Club. To ensure that Westgate Health Club is able to provide a safe and comfortable environment for all members and staff, please assist us by ensuring that you comply with the following conditions. We advise you to only sign the membership agreement if you understand and agree with these conditions. The information outlined in these terms and conditions can / will be used in the event of a discrepancy.

This form sets out your rights to use our exercise facilities and services, and the obligations you have to comply with as a member. Your responsibilities under this agreement, including payment of membership fees, do not depend on how often you use the facilities and services. You promise to tell us if at any time you believe that you may not be able to comply with your obligations under this agreement including the payment of fees, so we can discuss your options with you.

What is set out in this agreement overrides any statements made by you or us before you signed the agreement. Accordingly, you should now read through this entire form carefully to make sure that it fully reflects your expectations and ask us or seek advice if you are unsure whether any particular statements that you have relied on are part of this agreement.

If your membership is Ongoing (Direct Debit), it is a periodic agreement that will continue after the Minimum Term until either you or we terminate it in the way described in the agreement. If an automatic direct debit arrangement is in place, membership fees will continue to be debited from your credit card or account until you cancel the arrangement by notifying Westgate Health Club via email (info@westgatehealthclub.com) . If you terminate the agreement or stop the automatic debit arrangement in a manner not described in the agreement, then you may be liable for damages for breach of contract.

If your membership is for a Fixed Term (Paid in full), it automatically terminates at the expiry of the Minimum Term and

This agreement is subject to a 7 day cooling off period.

Direct Debit Warning: Please ensure that you cancel any direct debit authorization for payments under this agreement when your membership ends.

INTRODUCTION

By signing the agreement you are acknowledging and agreeing:

(a) you have been given a copy of this agreement and agree to abide by the rules of membership;

(b) you are medically sound to undertake a normal course of exercise, you use the club facilities at your sole risk and responsibility and you are aware that exercise is physically demanding and participation in some activities may pose a risk to your health; and this agreement also relates to the member’s authority to Debitsuccess Pty Ltd or other debiting agent nominated by Westgate Health Club from time to time to directly debit the nominated bank account or credit card for any instalments or fees due under the terms and conditions of this Agreement and Direct Debit Request.

DEFINITIONS

In this Agreement unless the contrary intention appears:

(a) The singular includes the plural and vice versa.

(b) A reference to a party includes that party’s legal personal representative heirs and assigns.

(c) “You” and “Member” refers to the name in which the membership account has been created, which at times may differ to the party paying for the membership, and includes the parent or guardian of the Member if the Member is under 18 years.

(d) “Westgate Health Club” means the “Westgate Health Club PTY LTD ABN 65 240 322 494” trading as “Westgate Health Club” of 61-69 Dohertys Rd Altona North.

(e) “Home Club” refers to the Westgate Health Club where you joined and is named on your membership contract.

(f) “Club’’ Refers to which (If available) Westgate Health Club your membership entitles you to visit.

(g) “Debitsuccess” Refers to The trustee for Debitsuccess Unit Trust ABN 76 544 102 886 whom is the current Direct debit provider chosen by Westgate Health Club (This is subject to change, members will be notified of Direct Debit provider change with 14 days written notice to their email or postal address.)

MEMBERSHIP QUERIES

(a) All queries and comments about the services provided under this Agreement should be directed to the Club via the club’s contact details listed on the website. (www.westgatehealthclub.com)

(b) The Member acknowledges that Debitsuccess has been engaged by the Club to collect the fees due under this agreement if paying by way of direct debit, and also acknowledges that all rights of the Club under this Agreement are able to be enforced by Debitsuccess as if it were the Club without any involvement on the part of the Club or the consent of the Member.

CLUB ACCESS

(a) All members must present their entry FOB (or photo ID) upon entry to the club at every visit.

(b) You must scan your entry FOB and register your attendance for safety, security and insurance purposes.

(d) Upon joining Westgate health club a photo will be taken of you for safety and security reasons, and the photograph will be used and stored in accordance with our Privacy Policy.

(e) All ‘guest/casual visitors’ to Westgate Health Club are required to present photo identification upon every visit, complete the guest register form and otherwise comply with the terms relating to guest/casual visits.

(f) Entry to the Club may be refused as a result of unpaid or outstanding membership fees or if not complying with the clubs terms and conditions as detailed in this agreement.

GENERAL CONDITIONS OF ENTRY

To assist us in maintaining a safe and comfortable environment for all members and staff, you are required to abide by the following conditions and failure to abide by these conditions may result in the suspension or termination of your membership:

(a) ENTRY: Entry will be refused or you may be requested to leave the Club if:

(i) you are using abusive or threatening language or behaving in a threatening way; or

(ii) you are under the influence of drugs or alcohol.

(b) NON-SMOKING: Westgate Health Club is a non-smoking facility.

(c) RELAXATION ZONES: Relaxation zone areas are available in selected Clubs for male and female use and as such minimum standards of dress apply.

(d) DRESS CODE: Fully enclosed, clean sports shoes must be worn during workouts for safety reasons. Members are required to wear a singlet or t-shirt at all times in the club. Clothing must be clean and tidy with no offensive prints or designs for the consideration of other members.

(e) TOWELS: You are required to use a towel when participating in classes and when exercising on gym equipment to maintain hygiene and safety standards. You may be requested to cease training if you do not use a towel. Where available, you can purchase a towel from reception.

(f) ILLEGAL ACTIVITIES: No illegal activities are permitted in the club, including but not limited to the use or sale of steroids or performance enhancing drugs.

(g) CHILDREN: Minors under the age of 18 years may be eligible for a membership subject to Westgate Health Club Age Policy and the following general terms and conditions and Club Manager Discretion:

(i) the minor must attend a safety induction in order to be granted access to the club;

(ii) the minor must comply with all safety requirements of the club as communicated to the member from time to time;

(iii) the minor’s membership may be cancelled for any inappropriate behaviour, misuse of equipment or failure to comply with safety requirements;

(iv) the minor must comply with the applicable sections of the Age Policy available in club

(v) All membership holders of the Club must be a minimum of 16 years of age.

(vi) All minors under the age of 18 must have a parent or guardian co-sign the membership agreement and acknowledgement of indemnity waiver.

(vii) For the purpose of Kids & Teen classes all minors between the ages of 8-17 can participate only in the supervision of a qualified personal trainer or instructor.

(h) PERSONAL TRAINING: Personal training services are available for an additional fee. Please contact your club for more information or see the personal training noticeboard and make contact with one of the Personal Trainers directly. Personal Trainers within Westgate Health Club. Please note only authorized Westgate Health Club registered Personal Trainers are permitted to train members in the club. Conducting personal training within a Westgate Health Club without being an approved Personal Trainer may result in the cancellation of your membership.

(i) CASUAL/GUEST GYM VISIT: On the appropriate memberships you may bring a guest during staffed hours Friday, Saturday and Sunday but only if they register and sign the guest waiver with the Club staff and meet other reasonable conditions. You must not let anyone else into the Club without the approval of the Club staff or let anyone use your FOB key. If you break this term you will be charged a fee of $100.00 per visit for any unauthorized guest you allow into the Club and will receive a written warning. You will be liable for all damage you or your guests cause to the equipment or physical infrastructure of the Club and will reimburse the Club for any damage caused.

USE OF EQUIPMENT

(a) For the safety of you and others, please follow all operating and safety instructions on the equipment.

(b) If you are not sure of correct use or operation of equipment please seek assistance from a Westgate Health Club team member.

(c) Where Functional Training Zones are available please seek assistance from a Personal Trainer / Staff Member if you are unfamiliar with the equipment or its safe and appropriate use.

(d) You are required to return equipment to their original state when you have finished, including:

(i) return weights and bars to their rack;

(ii) unload plates from machines and bars;

(iii) return equipment to its storage location in Group Fitness classes.

LOCKERS, VALUABLES AND LOST PROPERTY

(a) Lockers are available and are located in the change rooms, however lockers are not security devices.

(b) Westgate Health Club employees or contractors are not responsible for any loss of, or damage to, personal property from the club or a locker.

(d) Westgate Health Club is unable to look after your personal possessions (keys and wallets for example) whilst you are in the club.

(e) Bags are not permitted on the gym floor for safety reasons.

(f) Personal items are not permitted to be stored in lockers overnight, and lockers are cleared daily. Any items remaining in lockers or handed into Reception will be held for two weeks and then donated to charity.

MEMBERSHIP SPECIFICS

Membership types and Minimum Terms;

“Month by Month” Memberships have a minimum term of 2 fortnightly payments.

“12 Month” Memberships have a minimum term of 26 fortnightly payments.

“18 Month” Memberships have a minimum term of 39 fortnightly payments.

“Bronze” Membership at Westgate Health Club entitles you to:

(a) Work out as many times as you wish in a given period.

(b) Use exercise equipment located on the gym floor and cardiovascular training areas.

(e) Westgate Health Club reserves the right to make changes to:

(i) exercise equipment supplied in any of its Clubs at any time.

“Classic/Silver” Membership at Westgate Health Club entitles you to:

(a) Work out as many times as you wish in a given period.

(b) Participate in normally scheduled Group Fitness classes. Additional fees may apply for specific group fitness programs or challenges including, but not limited to; Challenges, Bootcamps and Small Group Training.

(e) Westgate Health Club reserves the right to make changes to:

(i) exercise equipment supplied in any of its Clubs at any time or

(ii) the Group Fitness timetable at any time (ie. alter class type, times and instructors).

“Gold/Premium” Membership at Westgate Health Club entitles you to:

(a) Work out as many times as you wish in a given period.

(d) Where applicable, use the other facilities including sauna and other Relaxation Zone facilities.

(e) Westgate Health Club reserves the right to make changes to:

(i) exercise equipment supplied in any of its Clubs at any time or

(ii) the Group Fitness timetable at any time (ie. alter class type, times and instructors).

MEMBERSHIP OBLIGATIONS

Membership at Westgate Health Club requires you to:

(a) Update your contact details with your club when they change.

(b) Comply with all Conditions and the guidelines in this agreement.

(c) Pay all agreed fees, ensure sufficient funds are available to cover all fees and advise us in advance if your bank account or credit card is closed or changed.

(d) Inform us in advance if there are any risks to your health and if required seek approval from your Doctor or General Practitioner.

(e) You acknowledge that it is your responsibility to cancel direct debit facilities in respect of your membership when this agreement expires or is terminated.

SPECIAL CONDITIONS FOR CERTAIN MEMBERSHIP TYPES

If your membership or joining promotion entitles you to free time, you will not be charged your membership fees for use of the club during the specified period of free time, and you agree that the term of your membership shall be extended by the specified period of free time.

OVERDUE FEES & REVOCATION OF MEMBERSHIP ENTITLEMENTS

(a) All entitlements and entry into any Westgate Health Club is revoked if a member’s account is in arrears in excess of $50.00.

(b) If your automatic direct debit reverses or is returned to us by your financial institution the following process will apply:

(i) Westgate Health Club will attempt to contact you in regards to payment due.

(ii) If the debit remains outstanding it will be processed within 14 days of the reversal with any reversal and late fees that apply.

(iii) If you fail to pay us the fees by the due date, we are entitled to refuse you entry to the Club.

(iv) If unpaid fees remain outstanding and after attempts by us to rectify the arrears, your membership may be forwarded to a collection agency for further action. Any collection agency fee incurred by WGHC in the follow up of arrears are payable by you the signee of the agreement.

(c) Westgate Health Club reserves the right to vary the process set out in this clause 11 by providing you with one month advance written notice of any changes.

CANCELLATION / TERMINATION

A cancellation request should be provided to your club as follows:

By contacting Westgate Health Club via the club contact details as listed on the website. Once you have contacted the club you will be forwarded a cancellation form to your provided contact email address or mobile number. This form must be filled before the cancellation process begins.

(a) During Cooling Off Period:

(i) Your membership is subject to a 7 day cooling off period.

(ii) The cooling off period applies to new memberships only and does not apply to membership transfers or renewals. (iii) The cooling off period starts from the date the agreement is entered into (the date the agreement is signed) and ends at close of business 7 days later.

(iv) Your membership can be cancelled during the cooling off period by contacting Westgate Health Club via the club contact details as listed on the website.

(v) All monies paid will be refunded with the exception of the joining fee of $49.95 which shall be payable by the member if your Westgate Health Club and/or any other merchandise you received on joining are not returned.

(vi) Westgate Health Club may require an additional payment to recover costs in relation to any fitness services provided to the member within this period.

(b) Temporary, Permanent Sickness or Physical Incapacity:

(i) Westgate Health Club requires a medical certificate stating that you cannot utilise any fitness services or facilities because of your permanent illness or physical incapacity.

(ii) Westgate Health Club may agree to cancel the membership upon payment of a cancellation fee of 15% of the minimum membership fee or $75.00 (whichever is less).

CANCELLATION (within Minimum Term):

You may terminate your Agreement before the expiry of the Minimum Term (or payment amount) if all instalments and fees due up to the date of termination are paid and the relevant cancellation fee is paid in full at time of cancellation request. The cancellation fees for all membership options are as follows:

If there is 12 months or more of membership fee equivalent remaining on the Minimum Term of the Agreement = $295.
If there are less than 12 months but more than 6 months of membership fee equivalent remaining on the Minimum Term of the Agreement = $245.
And, if there are less than 6 months of membership fee equivalent remaining on the Minimum Term of the Agreement = $195 OR the amount of the future membership fees payable whichever is the lesser).

You can cancel your membership by:

Speaking to the team at reception or calling the club.

Confirming your request. When you do this, please always:

Give us your email address so we can confirm your request in writing; and keep a copy of your request.

(d) Cancellations after completion of Minimum Term:

(i) Westgate Health Club requires you to contact the club via the club contact details as listed on the website advising of your cancellation request.

(iii) The notice period will exclude suspension or payment break time applied to your membership.

(iv) 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 Westgate Health Club and/or Debitsuccess..

(v) You shall not consider that your membership agreement has been terminated until such time as this is confirmed in writing to you by Westgate Health Club and/or Debitsuccess (not more than 14 days after the termination date). Termination of your membership agreement will also terminate the Direct Debit Request Authority.

(vi) Membership agreements have a 30 day notice period to cancel post minimum agreement. This is applicable to all Direct Debit membership types. Notice may be given before the end of the membership agreement, this considered part of their 30 day notice period. “Free time” “Suspensions” and other non paying periods of time do not count towards the required 30 days notice to cancel.

(e) Ongoing Membership Agreements:

(i) This Agreement shall continue indefinitely until such time as the Member makes a request, after the expiry of the minimum term for it to terminate. Refer to notice period in section 12.(d).

(f) Termination by Westgate Health Club.

(i) Westgate Health Club reserves the right to terminate this membership agreement in accordance with the following conditions:

(1) Failure to abide by any of the criteria listed in the Conditions of Entry (posted in your Club) or the items listed in this agreement.

(2) Action upon a complaint by either a Club member, employee or contractor of Westgate Health Club.

(3) The temporary or permanent closure of the club where a suitable replacement club is not available for the membership to transfer.

(4) Any other reason in the interests of protecting the health and safety of you or other members.

CCTV

(a) You acknowledge and understand that Closed Circuit Television will be installed within appropriate applications within each club and surrounds as a strategic component for team member, member and contractor safety and crime and misconduct prevention. (b) You consent to being filmed under CCTV for these purposes and understand that Westgate Health Club will only use and store your image in accordance with its Privacy Policy.

TRANSFER OF MEMBERSHIP BY THE MEMBER

(a) You may transfer your membership in the following circumstances at Westgate Health Club discretion:

(i) the membership is a 12 month or greater direct debit membership; and

(ii) the membership is within the minimum term; and

(iii) the person you are transferring the membership to is a non-member of Westgate Health Club and has not been a member of Westgate Health Club in the past 3 months.

(b) Upon transfer, you must pay a transfer fee of $49.95.

(c) Transfers are subject to Westgate Health Club normal membership terms and conditions, however no cooling off period shall apply to the new member.

(d) The terms of the membership agreement and the club that the membership is associated with remain unchanged.

(e) For a transfer to be completed the transferee must sign the terms, conditions and waiver.

DAMAGE & PERSONAL INJURY

To the extent permitted by law, Westgate Health Club excludes any liability to the Member in 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 Westgate Health Club and/or any act or omission of Westgate Health Club.

SAFETY, MAINTENANCE & SERVICE DEMAND

From time to time Westgate Health Club may be required to make changes to the operation of the premises, these may include:

(a) Changing the operating (or staffed hours if a 24.7 club) hours to suit demand.

(b) Changing the availability of facilities or services within the Club.

(d) Changing Conditions of Entry or Club Rules.

(e) Where this occurs Westgate Health Club will provide reasonable notice via social media and at reception.

RELAXATION ZONE USE .

SUSPENSION

(a) Suspension of payments may be possible under the terms of your Membership Agreement. Payments may be suspended for a minimum of 2 weeks at a time so long as the total time suspended within 12 months does not exceed 4 weeks. In order to suspend payments you should contact Westgate Health Club at least 3 days prior to the date of the first suspended payment. Medical suspensions (With medical certificate supplied) and FIFO work or travel with a supplied flight itinerary may have a total of 3 months suspension, with anytime over 1 month suspension to be charged at $2.50 a week. All time spent on suspension will be added onto the minimum term of the Membership Agreement so that the sum of the instalments payable for the minimum term or number of payments shall still be payable regardless of any suspension or suspension charges made.

(b) OTHER MEMBERSHIPS: There is a charge of $5.00 per week while the Membership Agreement is suspended unless a different fee is specified Below*

i) “Bronze” Memberships receive a maximum of 2 weeks free suspension followed by 2 weeks paid suspension.
ii) “Silver” Memberships receive a maximum of 4 weeks free suspension

III) “Gold” Memberships receive a maximum of 4 weeks free suspension

iii) Medical or FIFO as described in 19a are charged a maximum of $2.50 per week post their initial free suspension time directed by the members specific membership agreement.

PAYMENTS BY DIRECT DEBIT

(a) If paying by Direct Debit:

(i) a one-off administration fee $49.95 is payable by the Member on the signing of this Agreement.

(ii) the Member agrees to pay the instalment amount at the agreed payment frequency until this Agreement is terminated in accordance with clause 12.

(b) Should there be any arrears in payments the Member authorises Debitsuccess to debit the outstanding balance in order to bring the account up to date.

PRIVACY

(a) Your “personal information” (as that term is defined in the Privacy Act 1988 (Cth)) will only be used by Westgate Health Club or Debitsuccess to provide you with the services contemplated by this Agreement.

DEBT COLLECTION AGENCIES

(a) If paying by Direct Debit, upon default by you in regard to any obligation under this Agreement and failure to remedy the default after notification by Debitsuccess:

(i) you authorise Debitsuccess to notify any debt collection agency of the default;

(ii) Debitsuccess may, at its sole discretion, 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; and (iii) you authorise Debitsuccess to add their collection fees to the amount owing.

INCREASE IN FEES

(a) If paying by Debitsuccess, Westgate Health Club / Debitsuccess may at any time AFTER the end of the minimum term, upon sending written notice to your last known email or postal address and giving 14 days notice, increase the instalment amount.

(b) If you wish to terminate your membership agreement as a result of the increase in the instalment amount, you must notify Westgate Health Club / Debitsuccess in writing within 14 days of the date of the written notice sent by Health Club / Debitsuccess. The membership agreement will be terminated upon receipt of this notice.

(c) If you do not notify Health Club / Debitsuccess of your intention to terminate your membership within such specified time period, then your membership agreement will remain in force and the increase in the instalment amount will be deemed to be accepted by you.

ENTIRE AGREEMENT

(a) This Agreement and its Annexures, the DDR Service Agreement (if paying by Direct Debit), and any Special Terms & Conditions listed on the website constitute the entire agreement, understanding and arrangement (express and implied) between the Member, Health Club / Debitsuccess relating to the subject matter of this Agreement supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.

ANNEXURE A – STATE SPECIFIC CLAUSES

Clause 14: Warning under the Fair Trading Act 1999

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 . 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 sign 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.

ANNEXURE B – DIRECT DEBIT REQUEST (DDR) TERMS AND CONDITIONS

INITIAL TERMS

Debitsuccess will debit your nominated account for the amounts and at the frequency of payments as agreed between us on the Debitsuccess Membership Agreement signed and accepted by you.

CHANGE OF TERMS

In the unlikely event that the initial terms are to change, they can only do so in accordance with your Contract and we must give you at least 14 days notice of the changes including if applicable the new amount, new frequency and next debit date.

DEFERRING OR STOPPING A PAYMENT

Should you wish to defer a payment to another date you must contact Westgate Health Club before the date of that payment to request the deferment. Deferments are entirely at the discretion of Westgate Health Club and will depend on the length of deferment, the current state of your account and your past history. You may request us to stop an individual payment however you will still be liable to make this payment by some other method or your account will become Overdue and will be dealt with following clause 11.

CANCELLING THE PAYMENTS

You can cancel this Direct Debit Request Authority by requesting this from Debitsuccess or your bank. Cancellation of the authority to debit your account will not terminate this Membership Agreement or remove your liability to make the payments you have agreed to.

DISPUTES

If you dispute any debit payment, you must notify Westgate Health Club immediately. Westgate Health Club will respond to your dispute within 7 working days and will immediately refund the amount of the debit if we are not able to substantiate the reason for it.

NON-WORKING DAY

When the day to debit falls on a weekend or public holiday the debit will be initiated on the next working day.

DISHONOURED PAYMENTS

It is your responsibility to ensure that on the due date clear funds are available in your nominated account to meet the direct debit payment. Should your payment be dishonoured Westgate Health Club / Debitsuccess will debit you an additional $15 with your next payment and may, if we have not received instructions to the contrary from you, debit both the current due payment and the now overdue payment(s) on the same day. Debitsuccess may debit other fees or costs involved with debt collection in accordance with the terms and conditions of the Contract (refer to clause 22 Debt Collection Agencies).

ENQUIRIES

All enquiries should be directed to Westgate Health Club and should be made at least 1 working day prior to the next scheduled debit date.

YOUR OTHER RESPONSIBILITIES

In addition to those already mentioned, you are responsible for ensuring that your nominated account is able to accept direct debits. If it is not, it is your responsibility to provide Westgate Health Club with a new account number.

If you have any queries or complaints, please contact us at:
Westgate Health Club
03 9369 6622

Phone: (03) 9369 6622

Email: info@westgatehealthclub.com

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