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 firstname.lastname@example.org 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.
Refer A Friend Movie Campaign
- The Promoter is Australian Fitness Management Pty Ltd ACN 126 140 181 referred to herein as 'Plus Fitness'(Promoter).
- The Administrator is TLC Marketing Worldwide Pty Ltd, ABN 66 124 275 921 (TLC). PO Box R446, Royal Exchange, NSW, 1225
- This $10 Off Movies offer is open to all Australian residents aged 18 years and over.
- This $10 Off Movies offer entitles the holder of the Movie Pass to purchase up to two full priced adult movie vouchers (plus pay a $1.25 admin fee per voucher) and get $10 off each movie voucher every day for 6 months via the promotional website www.mytlcrewards.com/plusmovies. Movie Vouchers are charged the National Standard admission price for Event, Greater Union, BCC, Village and HOYTS Cinemas. Independent Cinema prices may vary.
- To activate the Movie Pass, customers must register their Movie Pass Code at www.mytlcrewards.com/plusmovies by 29 February 2016. Upon registering the Movie Pass Code, Movie Pass holders will be required to enter their Personal Information. Movie Pass will be valid for 6 consecutive months from the activation date. Last date to purchase Movie Vouchers online is 31 August 2016 if the Movie Pass is activated on the 29 February 2016.
- eVoucher Purchases: Get $10 off every full priced Movie voucher purchased plus pay a $1.25 admin fee to receive the Movie eVoucher(s) to your nominated email address. Movie vouchers are valid for a minimum of 3 months from the date of purchase.
- Postal Voucher Purchases: Get $10 off every full priced Movie voucher purchased plus pay a $1.25 admin fee to receive the Movie voucher(s) to your nominated postal address. Movie vouchers purchased will be dispatched on the following business day after purchase by standard post from Sydney. Movie vouchers are valid for a minimum of 3 months from the date of purchase.
- Only Visa and MasterCard payments will be accepted. Purchases will appear on the bank statement as a debit from TLC MARKETING WORLDW THE ROCKS.
- The participating cinemas are those listed at www.mytlcrewards.com/plusmovies.
- Movie Vouchers are valid for standard 2D movie screenings and may be used on any day of the week excluding from 5pm on Saturdays at Event, Greater Union, BCC, Village and HOYTS Cinemas. Exclusions include all tickets such as Gold Class, HOYTS LUX, DBOX, special or group events, Movie marathons, Art Programs, Titan XC or Lounge sessions. A surcharge applies for VMAX, Xtremescreen and 3D presentations (except at Reading cinemas where a voucher cannot be used as part payment for 3D) which must be paid to the participating cinema when redeeming Movie Vouchers. Any ancillary costs associated with redeeming Movie vouchers (e.g. online bookings, candy, drinks, etc.) are not included.
- This $10 Off Movies offer can be redeemed online only. Access to the Internet is required.
- Movie Vouchers must be presented at a participating cinema and possession of a Movie Voucher does not guarantee or reserve a seat - seating is subject to availability.
- It is the responsibility of the holder to use the Movie Vouchers by the specified expiry date. The Movie Vouchers have been awarded with the understanding that vouchers will not be extended or replaced. Movie Vouchers are valid for a minimum of three (3) months from date of purchase.
- Movie Vouchers cannot be transferred or sold without the prior written consent of participating cinemas.
- Please note that due to advance booking policies certain films and performances may be sold out and seats might not be available. Use of the Movie Vouchers is subject to availability and may be limited during public and school holidays.
- The holder of the Movie Vouchers is not entitled to any preferential right over other cinema patrons.
- Film classification rules apply. ID may be required.
- Movie Vouchers are non-refundable and cannot be exchanged for cash. No change given. Movie Vouchers cannot be used in conjunction with any other special or offer where the admission value of the special or offer is greater than the value of a standard admission ticket.
- TLC, its agents and distributors are not liable for lost, stolen or damaged Movie Vouchers.
- Any disputes between holders pertaining to the use of Movie Vouchers are strictly between the holders and the participating cinema.
- The $10 Off Movies offer is subject to promotional availability. TLC reserves the right to withdraw or substitute $10 Off Movies offer with another offer of equal or greater value. For example, if a cinema closes, a replacement Movie Voucher may be issued for another cinema.
- Any persons taking advantage of this offer do so, on complete acceptance of these terms and conditions.
- The terms of this offer are as stated here and no other representations (written or oral) shall apply.
- Timeframes for delivery indicated in these terms and conditions may be affected by circumstances outside of the control of TLC, including, but not limited to strikes, fires, floods, earthquakes, other natural disasters, acts of terrorism and blackouts. TLC will not be liable for delays caused by circumstances outside of its control, including, but not limited to strikes, fires, floods, earthquakes, other natural disasters, acts of terrorism and blackouts.
- Neither TLC, its agents or distributors will in any circumstances be responsible or liable to compensate the purchaser or other bearer, or accept any liability for (a) any non-acceptance by a venue of the Movie Vouchers/eVouchers or (b) any inability by the bearer to use the vouchers properly or at all or (c) the contents, accuracy or use of either the vouchers or the venue listing, nor will any of them be liable for any personal loss or injury occurring at the venue, and (d) TLC, its agents and distributors do not guarantee the quality and/or availability of the services offered by the venues and cannot be held liable for any resulting personal loss or damage. Your statutory rights are unaffected.
- If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter or TLC, the Promoter or TLC reserves the right, in its sole discretion, to the fullest extent permitted by law, and subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
- Offer only available at participating Plus Fitness gyms. Check in gym to confirm participation in this campaign.
- Offer limited by volume of passes available at your Plus Fitness gym and volumes vary from gym to gym. Check in gym for clarification of volume of passes available.
- Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) and TLC exclude all liability (including negligence), for any personal injury, or any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of the promotion, including, but not limited to, where arising out of the following:
- any technical difficulties or equipment malfunction (whether or not under the promoter's control);
- any theft, unauthorised access or third party interference; or
- any tax liability incurred.