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«YOUR TERMS AND CONDITIONS CONTENTS 1. THINGS TO KNOW AT THE START OF YOUR MEMBERSHIP 2 1.1 What types of memberships do we have? 1.2 Do we offer any ...»

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YOUR

TERMS AND

CONDITIONS

CONTENTS

1. THINGS TO KNOW AT THE START OF YOUR MEMBERSHIP 2

1.1 What types of memberships do we have?

1.2 Do we offer any discounts?

1.3 How old do you have to be?

1.4 When does your agreement start?

1.5 Can you change your mind?

1.6 What about your health?

2. THINGS TO KNOW DURING YOUR MEMBERSHIP 6

2.1 When do you pay membership fees?

2.2 How do direct debits work?

2.3 What happens if your payment is late or fails?

2.4 Can we change your agreement?

2.5 Can we increase fees?

2.6 Can you freeze your membership payments?

2.7 How can you use your access card?

2.8 How can you protect your health?

2.9 How can you give us feedback?

3. THINGS TO KNOW AT THE END OF YOUR MEMBERSHIP 10

3.1 How can you cancel your membership?

3.2 How do you cancel after the minimum term?

3.3 Can you cancel during the minimum term?

3.4 Can you cancel if we change the agreement?

4. CLUB CODE 12

4.1 What rules apply to our facilities?

4.2 Can you bring guests to the club?

4.3 What happens if you break the code?

5. LEGAL STUFF YOU NEED TO KNOW 14

5.1 What are your responsibilities?

5.2 Do we have a privacy policy?

5.3 What happens if you have issues with outside providers?

5.4 What else should you know?

5.5 Which laws apply?

5.6 What definitions apply?

Plain English Foundation edited the content of this document to meet Plain English Best Practice, December 2013.

1 Things to know at the start of your membership As a member, you can use our clubs in line with these terms and conditions, including the club code.

1.1 What types of membership do we have?

Understanding our membership options: Access Membership Use all Fitness Use your Other terms access type First clubs in Home Australia & club only Worldwide (refer to 2.7) • • Use of Black Label facilities & all benefits Black Label listed below

• Up to 2 towels can be used per visit

• Free annual BioAge • 3 x 10 Visit Platinum PrePaid passes for a • Platinum Extras

–  –  –

Using a corporate discount You will receive a preferred partnership discount if you are an employee of a company we have a current corporate agreement with. Please ask us for more details.

Using a concession discount

You will receive a discounted membership at selected clubs if you are a:

• full-time student or pensioner

• seniors cardholder.

If you are a student, you must show us proof that you qualify for a concession before your membership anniversary each year. If you no longer satisfy our criteria, we can upgrade you to the standard membership. Before we change your contract, we will write to you about any changes to your fees (see 2.5) and give you 28 days notice. You may cancel your agreement in this time (see 3.1).

Setting up a family membership

We offer a discounted rate on some membership types to immediate family, if:

• we can link the family member/s to a primary, full-paying member

• the primary member agrees to pay for the membership/s from the same account.

If the primary member cancels his or her membership, the family member’s fees will still be debited from the primary member’s bank account but not at the discounted rate.

If the primary member cancels these payment details, the family member must then pay for his or her own membership but not at the discounted rate.

1.3 How old do you have to be?

Meeting our minimum age You must be at least 14 years old to become a member.

Joining aged 14–15 If you are under 16, a parent or guardian must sign your membership agreement and pre-exercise

questionnaire. You can then:

• use cardiovascular equipment

• take part in group fitness classes that do not use weights

• take part in water-based classes.

You may not do unsupervised resistance training or take part in group classes that use weights (including circuits and boxing type exercises).

Joining aged 16–17 If you are 16 or 17, a parent or guardian must co-sign your agreement and pre-exercise questionnaire.

–  –  –

You have an agreement with us when you have signed it and we have accepted it. If these terms and conditions or your agreement differ from anything you are told at the club or over the phone, these terms and your agreement will apply, unless written confirmation is received from a Fitness First employee.

Paying a start up fee

You need to pay a start up fee when you join or renew. This fee is listed in your membership agreement. We cannot refund the fee, even if you cancel during your comfort guarantee period.





If you defer your start up fee or any other fees, we will charge you a higher fortnightly amount until you have paid the deferred fees in full.

Understanding our rights If we do not enforce our agreement rights at any time, it does not mean we have waived those rights, no matter how long we wait. If there is a miscalculation in your membership agreement, we have 5 days after the agreement is signed to correct it.

1.5 Can you change your mind?

Using your comfort guarantee You can cancel your agreement during your comfort guarantee period. You have 14 days from the date you sign your initial agreement or, with a new club, from its grand opening date. To cancel your membership, please see 3.1.

We will then cancel your agreement and refund your initial payment, less your start up fee.

This is only applicable for new membership agreements.

1.6 What about your health?

Promising you are in good health

On the day you sign your agreement and each time you use our clubs, you promise us that:

• you are in good physical condition

• you know of no medical or other reason why you cannot or should not do active or passive exercise.

Seeking expert advice Our staff and contractors are not medically trained. They are not qualified to assess if you are in good physical condition and can exercise without risking your health, safety or comfort. If you have any doubts, we strongly urge you to seek expert advice before starting an exercise program.

When you join the club, we will offer you personal training at a reduced rate, or a complimentary group session.

2 Things to know during your membership

2.1 When do you pay membership fees?

Paying for ongoing memberships You pay fees for ongoing memberships in advance each fortnight, by direct debit from a bank account or credit card.

You can pay your fortnightly fees as far in advance as you like, up to the legal time limits. However, you still need to give us your account details for when your advance payments end.

Paying upfront You can pay upfront for some memberships. Please visit your club for a list.

For a Pre Paid membership, you will pay on the day you buy it.

Renewing your upfront membership When your membership is due to end, you can choose to renew it before that date at your existing rate, otherwise your membership fee will be set at the current rate. By renewing your membership, you agree to the membership terms that apply at that time.

2.2 How do direct debits work?

Paying every second Wednesday We will debit your fortnightly club fees from your nominated account on every second Wednesday night, as set out in your membership agreement.

If you use a credit card (including VISA debit facilities), we will add a 50 cent surcharge to your fortnightly debit.

Please note that:

• debit dates are preset for all members

• if one falls on a public holiday, we will debit your account on the next business day

• debits might take up to 5 days to come out of your account.

See also 5.2 for our privacy statement and acknowledgment.

Meeting your responsibilities

You must make sure:

• your account can accept direct debits (your financial institution can confirm this)

• there is enough money in your account on the payment day and the next 5 days

• you tell us if you are transferring or closing your account, at least 48 hours before your next direct debit

• you tell us about any changes to your credit card, such as its expiry date or number, at least 48 hours before your next direct debit.

Please tell us and your financial institution if you want to change or stop your direct debits.

–  –  –

If you query a payment, we will do our best to respond within 7 days. If you are not happy with our response, you may contact your financial institution. It will handle your query in line with its own policy.

2.3 What happens if your payment is late or fails?

Losing your club access If you do not fully pay your fees on the due date, we will suspend your club access until your payments are up to date and you have given us your account details.

We will also charge you a late payment fee of $7.50 for a failed payment. This will be debited from your account, and you authorise us to do this.

Paying your outstanding debts We will continue to debit your nominated account without notice, until we have received the total

amount you owe us. We will make a reasonable effort to let you know beforehand by:

• phoning you or speaking to you at your club

• writing to the address you last gave us.

For membership/s in your name, you must make sure that the payment method you choose continues for the length of your agreement. This includes third-party accounts. If the details you give us fail, you are liable for all resulting fees. You should update your details and are obligated to complete your minimum term

2.4 Can we change your agreement?Staying up to date with our terms

We may sometimes add to, change or remove our terms and conditions. This includes changing a club’s opening and closing hours, its services and facilities and membership fees. Sometimes, we may also close clubs for refurbishment to improve their facilities. We do not reduce your membership fees because your club is closed for renovations or for a public holiday.

The most up-to-date terms and conditions always apply. You can find copies at your local club or on our website at www.fitnessfirst.com.au.

Being notified about changes

We will give you at least 28 days notice of any changes, for instance by:

• publishing them in our newsletter or on our website

• placing a notice in the club

• phoning you or writing to the address (post or email) you last gave us.

If we suspend a club’s operations or services, temporarily or permanently, we may send you a written

notice offering you either a:

• transfer to another club, if available

• complimentary time freeze (see 2.5).

Cancelling your membership If we do not fulfill our obligations to you, you may be able to cancel your membership (see 3.1).

Unless the law states otherwise, you won’t have any other claim against us if this happens.

2.5 Can we increase your fees?

Being notified about changes We reserve the right to increase your fees at any time after the minimum period of your agreement has ended.

We will make a reasonable effort to tell you about this at least 28 days beforehand by writing to the address you last gave us (which may be an email address). We will consider that you have received our letter or email on the second business day after it is sent.

Authorising us to increase debits Where we have made a reasonable effort to let you know about a fee increase, you authorise us to increase any debits from your nominated account.

2.6 Can you freeze your membership payments?

Using a ‘time freeze’ You can freeze your membership for 1 or more fortnights, up to a maximum of 6 fortnights each calendar year. Each time freeze must start and end on a direct debit date.

The time freeze fee for all memberships is $8 per fortnight, which you can pay in advance or by direct debit.

Please note that if you are within your minimum term, any time freezes are not classified as a full payment toward your contract.

Using an ‘extended time freeze’ You can freeze your membership for up to 13 fortnights in any 12 months for travel, medical or bankruptcy reasons. However, we must be satisfied by your supporting documents, such as a certificate from a medical practitioner stating you are unable to exercise.

If you have a medical reason or become bankrupt, we will not charge you for this extended time freeze to allow you time to recover.

Understanding the conditions Before freezing your membership, you must make sure your fees are up to date and you don’t owe us any money.

Note that we cannot backdate any time freeze requests. You must request a freeze when you need it.

We also cannot accept pro-rata payments or freeze your direct debits outside an official time freeze.

2.7 How can you use your access card?

Showing photo ID We will give you an access card when you join. We will also attach your photo to your account on our digital membership database. If you visit the club without a valid access card or photo identification, we may refuse you entry.

–  –  –

The access card is our property. You cannot lend your card or allow anyone else to use it.

If you lose or damage your card, we will replace one card every 12 months for free. We will charge you $5 for any extra cards.



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