Terms and Conditions
Australian Fitness Management Pty Ltd ACN 126 140 181 referred to herein as 'Plus Fitness', 'We', 'Us' or 'Our'
Plus Fitness sells products based on the terms and conditions set out herein.
Nothing in these terms and conditions, limit any rights you may have under the Trade Practices Act, Fair Trading Act, any other Commonwealth or State Legislation. Any terms or conditions that create an inconsistency with aforesaid legislation are considered void to the extent of the inconsistency.
Plus Fitness sells products that are brand new and will not sell a product owned by a party other than Plus Fitness unless otherwise stated.
Prices displayed are on a GST-inclusive basis.
Plus Fitness has no legal obligation to issue a "tax invoice" (a legal document defined in the GST Act) unless the customer requests one.
This agreement applies to all customers (whom make a purchase) via the Plus Fitness website, or any website that has our products and refers to these terms and conditions, or any other avenue that Plus Fitness uses for retail purposes provided the other avenue refers to these terms and conditions.
Plus Fitness is no longer liable for any of its products that have been on-sold by a customer to a third party.
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
You may not create a link to this website from another website or document without our prior written consent.
Your use of this website and any dispute arising out of such use of the website is subject to the laws of Australia.
Plus Fitness would like to advise both its existing and new members that the reference to "no contracts" in regards to membership is intended to read "no lock in contracts". We are in the process of amending our advertising to correct this statement.
All members are required to enter into a Membership Agreement however there is no minimum term as members are free to cancel their membership at any time with 14 days prior notice.
Please refer to the terms of the Membership Agreement which can be obtained at your nearest Plus Fitness centre.
Any terms and conditions, terms of warranty provided with any product, term of guarantees or any other term provided in an agreement made by Plus Fitness with its customers that are inconsistent with Victorian state legislation or Commonwealth legislation shall be deemed void to the extent of the extent of inconsistency. Payment Options:
Transfer of title and risk
Plus Fitness reserves title in all products sold to purchasers until full payment has been received for those goods, regardless of whether Plus Fitness has parted with possession.
Title in goods passes when Plus Fitness has a received a full payment;
- If payment is made by direct deposit, received payment means cleared in any of the bank accounts specified in our terms of payment options.
- If payment is made by credit card, it means an 'approved' transaction.
Risk in goods passes at the point they are dispatched for delivery, regardless of whether Plus Fitness retains possession during delivery.
If you ever have a complaint, please message us at email@example.com with your complaint and we will do all that is reasonably and practicably possible to assess the merits of the complaint and respond to such complaints within a reasonable time and within a reasonable manner.
*24 Hour Access not available at Annangrove, Northmead and Sydney CBD. Services may vary by location.
General Terms and Conditions
1. I agree to abide by the rules of conduct, behaviour, dress code, equipment usage and use of services that are displayed within this gym and that have been provided to me.
2. I agree that the membership fees are not refundable and I agree and understand that non usage of the gym does not allow early termination of this agreement nor does it warrant a refund of any type. I also agree and understand that non usage of the gym does not affect any payment terms and conditions of this agreement and that Plus Fitness is in no way responsible for my level of usage of the gym.
3. I understand that I am able to place my membership on temporary Time Hold. I understand that Time Hold is for a minimum period of 2 weeks (or 1 payment) and a maximum period of three months (or 6 payments) for standard direct debit memberships and a maximum of period six months (or 12 payments) for Concession memberships, in each year and that each year commences on the anniversary of the joining date stated on this form. Requests for temporary Time Hold must be done at the club by completing a ‘Plus Fitness Time Hold Form’.
4. If I choose, I may transfer my membership to another person who will fulfil the minimum membership term as set out in this agreement.
5. Plus Fitness may at their discretion terminate any membership agreement without notice for any non compliance of this agreement or any behaviour or action that they deem inappropriate.
6. Facilities and services may change without prior notice. Any such changes will not affect the terms of my membership agreement.
7. I understand that under no circumstances are members permitted to bring children into the gym outside of childminding hours, nor are they permitted to leave children unattended in any area of the gym at any time, and that Plus Fitness accepts no responsibility for children either bought into the gym or left in the gym by a parent or guardian.
8. If my membership permits me to use other Plus Fitness Health Club’s or Plus Fitness 24/7’s and my visits exceeds 60% at another club in any given month, my membership will be automatically transferred to that gym. In the event of this occurring I understand that my membership fees may increase without notice and that this transfer will not affect the terms of this agreement.
Direct Debit Members Special Conditions
9. I am aware Direct Debit payments are managed and debited on behalf of Plus Fitness by a third party billing company and that I have read the third party billing companies Service Agreement and fully understood all points contained within it.
10. I understand that membership rates are reviewed periodically and may increase by an amount not exceeding 10%. This is regardless of the contract amount or contract term. I understand that members will be notified a minimum of 30 days prior to any such membership rate increase by way of signage within the gym.
Direct Debit Request Service Agreement
11. FFA PaySmart (Debit User) will debit the bank account/credit card nominated in the Schedule of this Direct Debit Request as specified. The Debit User may, by prior arrangement and advice to me/us vary the amount or frequency of future debits.
12. Should the original terms & conditions of this authority need to be varied a minimum of fourteen days notice will be provided by the business to you. Queries arising as a result of any such variation must be notified to FFA PaySmart two working days prior to the debit date the variation would apply.
13. Deferment or alteration (written or verbal) by the customer to the debiting schedule will be considered subject to the terms and conditions of any agreement between you and the business named overleaf for whom FFA PaySmart (Debit User) acts on behalf of.
14. If a debit item is disputed FFA PaySmart (Debit User) or your Financial Institution must be notified immediately. FFA PaySmart will endeavour to resolve this matter within Industry agreed time frames. Disputed debit items resolved in favour FFA PaySmart will incur an administration fee.
15. Direct debiting through BECS is not available on all accounts. You are advised to check your account details against a recent statement from your financial institution. If uncertain, you should check with your financial institution before completing the DDR.
16. When a debit day falls on a weekend and/or a national public holiday all debits for that weekend or national public holiday will be processed on the PREVIOUS WORKING DAY. If unsure, you should contact FFA PaySmart (Debit User).
17. FFA PaySmart may, under certain provisions of the “Privacy Act 1988" give information about you to a credit reporting agency. This information will be limited to repayments which are overdue pursuant to the terms and conditions of any contractual agreement between you and the business named overleaf and for which debt collection has started.
18. It is your responsibility to ensure cleared funds are available in your nominated bank account/credit card to meet the direct debit payment. If a debit is returned unpaid by your financial institution, you will be responsible for payment of the debit plus an additional $15.00 for return fees and administrative costs incurred by FFA PaySmart (Debit User). If FFA PaySmart (Debit User) has not received instructions to the contrary from you, we will debit both the next due payment and any overdue amounts on your next scheduled debit date.
19. To stop or cancel a direct debit it is recommended that you contact the business named overleaf in the first instance. The terms and conditions or any agreement between you and the business for whom FFA PaySmart (Debit User) acts on behalf of must be complied with. However, if a dispute occurs between you and the business all enquiries regarding a stop or cancellation of a direct debit should be directed to either FFA PaySmart (Debit User) or your own financial institution.
20. Collected funds are held in trust until disbursement. In event of fraud where FFA PaySmart is not at fault, FFA PaySmart will be free of any legal liability.
21. No account records or account details will be disclosed to any person or persons except where such information is required in connection with any claim relating to an alleged incorrect or wrongful debit.
Plus Fitness 24/7 Members Additional Conditions
22. I fully understand and accept that if I provide access to the gym for a non member or a member who has lost or damaged their Personal Access Card (PAC), that I will have my membership immediately cancelled and I will be charged a $250 penalty which will be automatically debited from my bank account or credit card. I understand that this policy is applicable regardless of wether the person I provide access to exercises or not.
23. I fully understand and accept that if I intentionally activate a Duress Button or a Personal Duress Lanyard with no reason or for a reason that is deemed not appropriate by Plus Fitness 24/7 that I will be charged a $250 penalty which will be automatically debited from my bank account or credit card. Plus Fitness 24/7 will only use this money to recover the costs associated with false activation of a Duress Button. If there is any additional money remaining after all costs have been recovered, these will be donated to a registered charity of the Franchisees nomination.
24. I am fully aware that all Plus Fitness 24/7’s are equipped with the Video Surveillance technology which is constantly recording for the security of the gym and that the Video Surveillance can be remotely viewed at any time by the gyms operator and/or security provider.
25. I agree and recognise that I have been provided with a New Member Information document. I fully understand and agree to abide by all of the terms, conditions, policies and instructions contained within this document.
26. I acknowledge that I am aware of the inherent risks of injury or ill health resulting from use of the services and from participation in exercise generally. In consideration of participation in activities within a Plus Fitness Health Club or a Plus Fitness 24/7, I agree to release and indemnify the Franchisee of the Fitness Centre, Plus Fitness Health Clubs, Plus Fitness 24/7 and any company associated with Plus Fitness. I agree to participate in all activities at my own risk and responsibility whether supervised or not by staff. I agree to release and hold harmless the Franchisee of the Fitness Centre, Plus Fitness Health Clubs, Plus Fitness 24/7 and any associated parties from and against all actions, which may be bought by me or on behalf of me in respect of any incident arising out of injury, loss, damage or death caused to me or my property in any way what so ever.
27. At Plus Fitness we take your privacy seriously. We do not pass your information onto any other business. If you do not wish to receive email, sms or mail correspondence from us regarding your membership, special offer, promotions or your health then please send us an email or letter confirming that you wish to unsubscribe for such methods of communication.
28. 24 Hour Access not available at Annangrove, Kareela, Northmead, Manly and Sydney CBD. Services may vary by location. Sydney CBD (Kent Street) is a Health club and requires a platinum membership* *Platinum memberships require a health club tag to be purchased and your membership to be upgraded ( see your club for more details)
Terms and Conditions for Current Promotions
“Be Inspired, Half Priced Joining Fee”
1. Offer is only available at participating Plus Fitness locations. See plusfitness.com.au for list of participating gyms or check in gym for details.
2. Offer commencement may vary by location however will end in all locations on 31st July, 2016.
3. Offer is for new members only.
4. Offer provides new joining members with a half priced joining fee.
5. Other standard fees payable on joining may apply.
6. This offer is not to be used in combination with any other published offer relating to any Plus Fitness.
7. This offer is only available for memberships that are paid for by direct debit.
8. Not withstanding this offer and these terms and conditions, the full terms and conditions of a Plus Fitness membership are available at plusfitness.com.au.
State of Origin Game 3 Correct Score Facebook
1. Correct scores can only be posted on Plus Fitness Facebook fan pages that display the video setting out the competition.
2. Correct score guesses must be posted as a ‘comment’ in the newsfeed of the video posted by Plus Fitness.
3. Score guesses must be posted by 7.55pm on the 13th July 2016 to qualify.
4. Correct score means the score at the end of standard playing time, that being at 80 minutes or at the sounding of the full time siren.
5. Only one guess per person is allowed.
6. If won by a member, they reserve the right to give the membership won to a third party or use in place of their current membership which will be placed on time hold for a period of 26 fortnights. No extention of the 12 month membership will be granted during its term. All other conditions of the standard Plus Fitness Membership Agreement apply.
7. No cash alternatives will be offered.
8. No refunds will be issued if the winner is an existing member with a paid in full membership.
9. In the event that two or more people guess the correct score the prize will be issued to the first person that guessed the correct score.
10. The winner will be notified no later than 5pm on the 18th July 2016.
11. Notification will be made by way of email or a Facebook message.
12. After notification has been made in one of the above formats the winner has until the 20th July 2016 to claim their prize by way of return message. Failure to do so will void the prize.
Plus Fitness V8 Supercar Ultimate Experience Competition
1. This competition ("Competition") is conducted by Australian Fitness Management Pty Ltd T/A Plus Fitness 24/7, ABN 88 126 140 181 ("the Promoter"), of 16/1 Exchange Parade, Narellan, New South Wales 2570.
2. Entry to the Competition constitutes acceptance of these Terms and Conditions. All entry instructions and prize information published by the Promoter form part of these Terms and Conditions. Nothing in these conditions restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
3. The Competition is only open to individuals who: (i) are residents of Australia aged 18 years or older as at time of entry; and (ii) are not directors, management or employees (or their immediate family) of the Promoter or any of its related corporations or any of the agencies associated with the Competition; and (iii) are Plus Fitness 24/7 or Plus Fitness health Club members ("Eligible Entrant").
4. The Competitions will run on a ‘per round’ basis across the 2016 V8 Supercar Series. Entry date commencement and conclusion for the competitions are as follows;
Entry Conclusion 12pm on;
Coates Hire Ipswich SuperSprint
Sydney Motorsport Park SuperSprint
Wilson Security Sandown 500
Supercheap Auto Bathurst 1000
Castrol Gold Coast 600
ITM Auckland International SuperSprint
Coates Hire Sydney 500
5. To enter the Competition, an Eligible Entrant must, during the Entry Period:
(a) SMS their name to 0499 678 678, or;
(b) Like or Share a Facebook post of any Plus Fitness Facebook Fan Page that has posted the competition.
6. Eligible Entrants will receive 1 entry into the competition per action of either of the entry methods referenced in condition 5.
7. The Promoter reserves the right to require an Eligible Entrant to verify the validity of entries including but not limited to an Eligible Entrant's identity, eligibility and age and to disqualify any entrant who does not satisfy any entry criteria in these Terms and Conditions. Proof considered suitable for to verify an entrant's eligibility is at the Promoter's discretion.
DRAW AND PRIZE
8. All eligible entries received during the Entry Period will be entered into the prize draw. The random draw for the Prizes will be held at 12pm Sydney time on Entry Conclusion date for that event. The draw will be made by Australian Fitness Management Pty Ltd at their offices. An Eligible Entrant does not need to be in attendance at the draw to win the Prize.
9. The "Prize" for each event entitles to a V8 Supercar Ultimate Experience including the following;
- Corporate ride in the Plus
Fitness V8 Supercar
- Garage tour
- Grid Walk
- Each winner will need to advise the Promoter of
their contacts details for the day of the event so that entry can be arranged
to the event.
PROVISIONS APPLICABLE TO THE PRIZE GENERALLY
10. Any additional costs not expressly stated, but which may be incurred in acceptance and use of a Prize, are the responsibility of the winners. This includes but is not limited to any travel costs to the selected track, meals and drinks, taxes, levies and charges, insurance, medical or health related services, spending money, accommodation, or any other ancillary costs.
11. If the Prize is unavailable for any reason, the Promoter may, in its absolute discretion, substitute alternative goods or services of no lesser retail value and/or equivalent specification.
12. The Prize may change from event to event based on circumstances outside of the Promoters control.
13. The Prize is non-transferable, non-refundable, non-exchangeable, non-replaceable, and non-redeemable for another prize including cash.
14. The Prize winners will be notified by a written message by e-mail, text message, phone call or messenger on Facebook by 1pm Sydney time on Entry Conclusion date.
15. The Prize notification will state a Prize that has been won and will include instructions as to how the Prize winner is to claim the Prize and establish their entitlement to it. The Prize will only be awarded following any Prize winner validation and verification that the Promoter requires in its sole discretion. The Prize will be emailed to the winner's nominated email address.
16. If no response is received by the 4pm on the day of notification a second draw will be made under same terms.
17. If for any reason the conduct or operation of the Competition is not capable of running as planned, or is interfered with or disrupted in any way (including by vandalism, power failures, natural disasters, acts of God, civil unrest, strikes, computer bugs or viruses, tampering or technical failures), the Promoter reserves the right to cancel, terminate, modify or suspend or recommence the Competition, subject to the approval of the regulatory authorities that have issued permits for its conduct, where required.
18. The Promoter assumes no responsibility for: (i) any error, omission, interruption, or delay in the operation or transmission of any communication sent to (or by) the Promoter or any Eligible Entrant whether caused by problems with communication networks or lines, computer systems, software or internet service providers, congestion on any carrier network or otherwise, (ii) any theft, destruction or unauthorized access to, or alteration of such communications; (iii) any problem with, or technical malfunction of, any computer system or other equipment used for the conduct of the Competition; (iv) any incorrect or incomplete information which may be communicated in the course of the administering this Competition (whether as a result of one of the foregoing causes or otherwise); (v) any delay in delivery (when not directly caused by the Promoter), or failure of safe delivery of the Prize.
19. All of the Promoter's decisions in relation to all aspects of this Competition are final and no correspondence will be entered into. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
20. Entrants acknowledge that the Prize involves a dangerous activity. Each Prize winner accepts the Prize at their own risk. Any tax liability arising as a result of accepting the Prize is the responsibility of the Prize winners.
21. To the full extent permitted by law, the Promoter, its associated companies and agencies and any of their personnel (the "Relevant Parties") exclude all liability for any loss (including any damage, claim, injury, cost or expense) which is suffered or incurred by any Eligible Entrant in connection with the Competition or Prize, including without limitation: (i) any indirect, economic or consequential loss; (ii) any loss arising from the negligence of a Relevant Party; (iii) any liability for personal injury or death. To the extent that such liability cannot be excluded by law, that liability is limited to the minimum allowable by law. The Promoter may request that the Prize winners sign and return a deed of release to this effect as a condition of a Prize being awarded. If a Prize winner fails to sign and return such release, the Prize winner may forfeit the Prize.
22. Each Prize winner must, at the Promoter's request, participate in all promotional activity (such as publicity and photography) surrounding the winning of the prize, free of charge, and consents to the Promoter using their name, likeness, image and/or voice (including any photograph, film and/or recording of them) in any media at any time or times without compensation, financial or otherwise, for the purpose of promoting this Competition, the Promoter and/or any of the Promoter's products.
PRIVACY AND MARKETING CONSENT
23. Each entrants' personal information will be collected by or on behalf of the Promoter to enable the Promoter and its agencies to administer the Competition and publicise the Prize winners. Eligible Entrants may be sent 'reminder' emails during the Entry Period about the Competition and the release of questions. Entry into the Competition also entitles the Promoter to send marketing communications to the Eligible Entrant. See conditions 22 and 23 for more information about the Promoter's use of an Eligible Entrant's personal information for marketing purposes. Each Eligible Entrant agrees that they must provide and/or maintain their consent to receive marketing communications from the Promoter and not opt-out of receiving such communications during the Entry Period.
24. The personal information of the Prize winners may be provided to third parties assisting the Promoter in the conduct of the Competition, including the Competition administrator, Prize suppliers and deliverers, and to regulatory authorities. The winners' names may be published on the Promoters Social Media platforms and website.