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.
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)
29. Access card fees apply to all gym memberships. Prices may vary by location.
Membership Cancellation Policy
At the conclusion of the minimum number of fortnightly payments, payments will continue until terminated with fourteen days notice (one final payment). Termination of payments must be done by completing a 'Plus Fitness cancellation form' in person at your current Plus Fitness home club. It is the members responsibility to cancel the payment after the minimum term.
Membership Age Policy and Children in Gym Policy
8 to 13 years old Members
Only permitted to attend and use the gym under the direct supervision of a qualified Personal Trainer.
14 & 15 years old Junior Membership
Only permitted to access the gym during the published staffed hours.
A Junior Membership Cards will be issued and must be presented to staff upon arrival at each visit to the gym.*
Parent or Guardian to complete and sign the Plus Fitness ‘Parent/Guardian Consent Form’ and ‘Membership Agreement’ at the time of joining. This must be signed on site or, if these forms need to be to be signed off site then they are to be accompanied by a copy of the Parent or Guardians photo identification.
The member is to attend a complimentary Fitness Assessment and Program session prior to commencing exercising in the gym.
The member does not need to be accompanied by a Parent or guardian for their gym visits due to only being permitted to attend the gym within the published staffed hours.
16 & 17 years old Youth Memberships
Access card will be issued allowing 24/7 access.
Parent or Guardian to complete and sign the Plus Fitness ‘Parent/Guardian Consent Form’ and ‘Membership Agreement’. This must be signed on site or, if these forms need to be to be signed off site then they are to be accompanied a copy of the Parent or Guardians photo identification.
A low resolution photo is to be added to Clubware.
The member is to attend a complimentary Fitness Assessment and Program session prior to commencing exercising in the gym.
Children In Gym Policy
Children are not permitted in a Plus Fitness outside of the above policies.
Under no circumstances are children to be left unsupervised in a Plus Fitness or in any common areas around the premises of a Plus Fitness while their parent or guardian use the facilities. There are no exceptions to this policy and this policy is regardless of whether the child is in the line of sight of the Parent or Guardian or not.
* When all Plus Fitness Gyms have had the ‘Integrity Panel’ installed Personal Access Cards may be issued to Junior Members with the access restricted to staffed hours only. This installation project will be ongoing for the first half of 2017 and Franchisees will be notified at its conclusion.
Terms and Conditions for Current Promotions
Get Summer Ready
1. Offer is available at participating clubs from 01/10/2017 until 31/10/2017.
2. Offer is for new members only
3. Offer provides new members a reduced joining fee. Reduction in joining fees vary by location. Exact reduction should be sourced direct from the Plus Fitness location.
4. Other standard fees apply.
5. This offer is not to be used in combination with any other published offer.
6. This offer is only available for memberships that paid for by direct debit.
7. Standard weekly fees at the conclusion of the first four weeks of membership range from $13.95 per week to $16.95 per week based on recurring fortnightly direct debit paid in advance and have no lock in contracts.
8. The minimum amount payable per member is the equivalent of 14 days of membership based on the weekly membership fee charged at the location joined plus an remaining joining fees not reduced.
9. Conditions apply and are available at plusfitness.com.au
Terms and Conditions
‘Want to be a V8 Legend?’
NAME OF THE COMPETITION
Plus Fitness Want to be a V8 Legend? (the “Competition”).
The promoter is Australian Fitness Management Pty Ltd T/A Plus Fitness (ABN 88 126 140 181) of 16/1 Exchange Parade, Narellan, NSW, 2567, Australia (the “Promoter”).
Entry is only open to residents in Australia and New Zealand.
Entry is only open to persons 18 years of age and over. Entrants must hold a full driving license.
The Competition begins at 9:00am on Friday 17th November 2017, AEST. Entries into the Competition close at 9:00am Monday 27th November 2017, AEST.
During the competition period, complete the form on the competition landing page https://www.plusfitness.com.au/v8-legend/ completing all fields.
MAXIMUM NUMBER OF ENTRIES
Entrants may enter the Competition only once. If more than one entry is submitted then all entries will be removed from the competition.
This is a game of chance and all entrants will be placed into a spreadsheet and a winner will be picked at random. the overall winner being drawn at the offices of Australian Fitness Management at 12pm on Wednesday the 29th November 2017, AEST by a representative of the Promoter.
Entries that in the Promoter’s judgment, are offensive, defamatory or otherwise objectionable or inappropriate or that infringe any third party rights will be invalid. The judges’ decision is final and no correspondence will be entered into.
After the competition closes, the overall winner will be awarded the following prize;
6 x Self Drive Laps around the famous Eastern Creek Race track
3 x passenger laps around the famous Eastern Creek Race track
TOTAL PRIZE POOL:
The total value of the prize is to an estimated maximum of $379 Prizes are not transferable, exchangeable or redeemable for cash. The prize values are accurate at the date of commencement of the Competition, if required, having been based on an estimation. The Promoter accepts responsibility for any variation in the value of a prize after that date. Refunds will not be made in respect to unused services or prizes. Where the prize, or part of the prize, is unavailable, the Promoter retains the right to substitute the prize (or part) with a prize (or part) of equal or greater value.
NOTIFICATION OF WINNERS
The winner will be notified by the Promoter via a Facebook message on Wednesday 29th November 2017 on the Plus Fitness Head Office Facebook page as well as be notified via email (“THE NOTIFICATION”). The Notification will require the winner to contact the Promoter in the manner required with the winner’s full contact details. The winner must provide their full contact details and a copy of a valid driving license, as requested in the Notification to the Promoter by no later than Wednesday 29th November 2017, failing which they will forfeit their prize. Subject to the winner notifying the Promoter of their contact details (in the manner requested by the Promoter) within the period stipulated above, the Promoter will email the winner with details of the prize and how it may be redeemed.
PRIZE CLAIM DATE AND TIME
The winner must claim their prize by contacting the Promoter via email (to an email address provided by the Promoter) by no later than 5pm AEST Thursday 30th November 2017 and organise with the Promoter to redeem the Prize. If the winner fails to claim the prize by the time stipulated then they forfeit the prize.
The Prize will be sent to the winner via email.
If for any reason the winner does not redeem the prize (or any element of the prize) by the times stipulated by the Promoter then the prize (or that elected component of the prize) will be forfeited.
- The winner and their companions are responsible for all other expenses including but not limited to travelling to and from Eastern Creek (to and from Sydney Domestic Airport to Eastern Creek if residing outside of News South Wales), spending money, meals, drinks, transfers, laundry charges, activities, incidentals, taxes, government surcharges, energy surcharges, gratuities, service charges, and all other ancillary costs.
- Entrants authorise the Promoter to use their entries, in their entirety (words or images), for the purposes of promoting Plus Fitness on digital platforms.
- The Promoter reserves the right to refuse to allow a winner to take part in any or all aspects of the prize, if the Promoter determines, in their absolute discretion, that a winner is not in the mental or physical condition necessary to be able to safely participate in the prize. It is a condition of accepting the prize that the winner may be required to sign a legal release in a form determined by the Promoter in its absolute discretion.
- The winner will need to complete any release documents provided by the supplier of the prize, that being Fast Track Racing. The winner will also be required to produce a Full and current Australian driving license for Fast Track Racing’s purposes on the day of redeeming the prize.
- If any act, omission, event or circumstance occurs which is beyond the reasonable control of the Promoter and which prevents the Promoter from complying with these terms and conditions, the Promoter will not be liable for any failure to perform or delay in performing its obligations and the Promoter reserves the right (subject to any applicable law) to cancel, terminate or modify or suspend this promotion.
- The Promoter, its related bodies corporate and their respective officers, employees, contractors and agents (Promotion Parties) will not be liable for any losses, damages, expenses, costs or personal injuries arising out of this promotion, the promotion of this promotion or the use of any prize, including but not limited to any breach of these terms and conditions, contract or tort (including negligence) and any other common law, equitable or statutory remedy (Damages) whatsoever, including but not limited to direct, indirect and consequential Damages, including Damages that cannot reasonably be considered to arise naturally and in the ordinary course of things, even if those Damages were in the contemplation of the Promotion Parties to the maximum extent permitted by law.
- If the event is abandoned, called off, varied or postponed for any reason, then at the Promoter’s discretion, the relevant winner (and their companion/s, if applicable) forfeits all rights to attend the relevant event and no cash or alternative tickets will be substituted for that element of the prize
- If the prize includes vouchers, all vouchers are valid until the voucher expiry date as specified on the voucher or by the provider of the Vouchers are subject to the conditions stipulated by the provider of the voucher. Vouchers cannot be redeemed for further vouchers or cash.
- All entries and materials submitted to the Promoter in connection with this competition (in any form, including without limitation in hard copy or electronic form), become the property of the Promoter and each entrant warrants that it has the right to transfer these things to the Promoter. The Promoter may use such entries and materials and any intellectual property rights subsisting in them in any medium and in any manner it sees fit, including without limitation, by reproducing, modifying or adapting such entries and materials.
- If an entrant is unable to or refuses or fails to take part in any element of this competition, or a winning entry is deemed not to comply with these terms, the Promoter reserves the right to discard that entrant’s entry and proceed as if that entrant had not entered the competition.
- All entrants will qualify for a ‘Free Week of Fitness’ at the Plus Fitness nominated as being closest to them on their online entry form. The entrant understands that the Plus Fitness nominated will contact them to explain how to redeem this free gift.
- The Promoter collects personal information about entrants for the purpose of running this competition. The name and photograph of the winner may be used for promotional purposes by the Promoter, unless the winner otherwise notifies the Promoter at the time of accepting the prize. Entry details remain the property of the Promoter. Eligible Entrants consent to the Promoter using personal information provided in connection with this promotion for the purposes of facilitating the conduct of the promotion and awarding any prizes. Without limiting the foregoing Eligible Entrants’ personal information provided in connection with this promotion will be handled in accordance with the Promoter’s Privacy Statement, a copy of which is available at www.plusfitness.com.au.