Terms and Conditions
General Terms and Conditions
These terms and conditions relate to the operation and function of Australian Fitness Management Pty Ltd, an Australian registered company and the Global Franchisor of Plus Fitness as well as its International Master Franchisees, Franchisees, subsidiaries, affiliates, and associated companies (Plus Fitness) regardless of their location in the world.
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 or any other such laws in the region where the Plus Fitness you attend is located or the region referenced by the Plus Fitness website.
Any terms or conditions that create an inconsistency with any legislation are considered void to the extent of the inconsistency.
This agreement applies to all customers who make a purchase either in a Plus Fitness gym or via a Plus Fitness website, or any website that has Plus Fitness products on it 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 has no obligation to issue a ‘tax invoice’ unless the customer requests one or it is the law within the region where the Plus Fitness I located.
Plus Fitness is not liable for any of its products that have been on-sold by a customer to a third party.
Website Terms and Conditions
The content of the pages of this website are for your general information and use only. All content is subject to change without notice.
Neither Plus Fitness nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found on this website. Where we, Plus Fitness, make our best endeavors to avoid errors, you acknowledge that such information on this website may from time to time contain inaccuracies and we expressly exclude liability for any such situation where this may occur.
Your use of any information or materials on this website is entirely at your own risk, for which Plus Fitness 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 Plus Fitness. 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 Plus Fitness endorses the website(s). Plus Fitness has no responsibility for the content of any linked website(s).
You may not create a link to this website from another website or document without prior written consent .
Membership Terms and Conditions – Plus Fitness Australia
1. You agree to abide by the rules of conduct, behaviour, dress code, equipment usage and use of services within all Plus Fitness clubs. You recognise that you understand these rules and that they have been provided to you by way of a Plus Fitness Welcome Booklet and at times are displayed in the club.
2. You agree that the membership fees are not refundable and understand that non usage of the club does not allow for early termination of this agreement nor does it warrant a refund of any type. You also agree and understand that any non usage of the club does not affect any of the terms of this agreement and that Plus Fitness is in no way responsible for your level of usage nor is it responsible to notify you of your usage at any stage.
3. You are able to place your membership on temporary Time Hold. Time Hold is for a minimum period of 2 weeks (1 payment) and a maximum period of three months (6 payments) in each year. Each year commences on the anniversary of your joining date. Requests for Time Hold must be done in person at your home club.
4. You may transfer your membership to another person who must fulfil the membership term set out in this agreement. This must be done in person at your home club.
5. If you breach any terms of this agreement or act in a way we deem inappropriate, we may suspend or cancel your membership or restrict your access from certain Plus Fitness clubs. If any such breach causes us or another person costs, loss or damage, you agree to pay for these.
6. Facilities and services may change without prior notice and will vary by location. Any such changes will not affect the terms of this agreement.
7. You understand that under no circumstances are you permitted to bring children into the club nor are you permitted to leave children unattended in the club and if you do, you recognise that Plus Fitness accepts no responsibility for the safety or wellbeing of any such children.
8. If your membership permits the use of any other Plus Fitness club and your visits exceed 60% at any other club in any given month, or any other period, your membership may be transferred to that club. If your Membership is transferred to another club, your Membership Fees may be varied to reflect those which are applicable at the other club. In this instance the club your membership is transferred to will be known as your ‘home club’.
9. You recognise and understand that if you provide access to any Plus Fitness club for any person other than you, using your access card or key fob, whether they are a member or non-member, whether they exercise or do not exercise, whether they are known to you or are not known to you, that you may be charged a $250 penalty which will be automatically charged using your payment details provided and that you may also have your membership immediately cancelled.
10. You fully understand and accept that if you intentionally activate a Duress Button or a Personal Duress Lanyard for any reason that is deemed as inappropriate use that you may be charged a $250 penalty which will be automatically charged using your payment details provided and that you may also have your membership immediately cancelled.
11. Club premises have CCTV security cameras recording, in most cases, 24 hours a day (except in bathrooms) and may have remote video or other guarding services. This system is used for security purposes but does not guarantee against harm. You should contact your club if you have questions on this.
12. You acknowledge and recognise 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 you agree to release and indemnify the Franchisee of Plus Fitness and any company associated with Plus Fitness. You agree to participate in all activities at your own risk and responsibility whether supervised or not by staff. You agree to release and hold harmless the Franchisee of any Plus Fitness and any associated parties from and against all actions which may be bought by you or on behalf of you in respect of any incident arising out of injury, loss, damage or death caused to you or your property in any way what so ever.
13. 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.
14. Your membership is subject to a 7 day cooling off period this commences at the close of business on the “Commencement Date” and ends at close of business on the 7th day after the “Commencement Date”. New members have the right to cancel their membership within the cooling off period if they are not completely satisfied with the services provided. All monies will be refunded on a pro rata basis, based on services utilised. All cooling off cancellations must be done by completing a ‘Plus Fitness cancellation form in person at your Plus Fitness home club. This excludes Queensland and Western Australia which is subject to a 48 hour cooling off period.
15. You recognise that your access card or key fob is non refundable on cancelling your membership and that you must purchase a new access card or key fob if you lose or
damage the one purchased by you or, supplied to you at the time of joining.
16. If you have joined on a membership that is not a Standard Membership, such as Junior, Off Peak, or any other membership type and your circumstances change to not make you eligible for this membership type, then your membership may be changed to the Standard Membership and the membership fees amended accordingly. In this event you will be notified of this occurrence via sms or email using the details provided by you.
17. You are responsible for notifying Plus Fitness if your contact details change. Failure to do so has no bearing on any of the terms of this agreement.
18. Please note: If you are under 18 years of age, you will need a Parent/Guardian to sign a consent form in person at your nominated club prior to commencing your membership.
19. At the conclusion of the minimum number of fortnightly payments, the payment will continue until terminated with fourteen days notice (one final payment). Termination of the payments must be done by completing a Plus Fitness Cancellation Form in person at your Plus Fitness Home Club. It is the members responsibility to cancel the payment after the minimum term.
20. As a member of Plus Fitness you are entitled to a complimentary Fitness Assessment and tailored Fitness Program. During this session we will teach you how to use all of the relevant equipment in a safe and effective way. In singing this Membership Agreement you recognise that this service has been offered to you.
Direct Debit Request Service Agreement
1. General Terms- You recognise that Direct Debit payments are managed and debited on behalf of Plus Fitness by a third party billing agent (PaySmart). You also recognise that the third party billing agent Service Agreement forms part of this overall agreement and all points are fully understood.
2. You understand that membership rates are reviewed periodically and may increase. This is regardless of the contracted amount or contract term. You understand that members will be notified a minimum of 30 days prior to any such membership rate increase by way of signage displayed within the club.
3. Late Payment Fee- It is your responsibility to ensure cleared funds are available in your nominated bank account or 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 PaySmart (Debit User). If PaySmart (Debit User) has not received instruction to the contrary from you, we will debit both the next due payment and any overdue amounts on your next scheduled debit date.
4. Privacy- The Customer acknowledges that: a) PaySmart is entitled to store his or her personal information (whether received from the Customer, the club or otherwise on its systems, and use it for the purposes of administering this Agreement, providing its products and services, or offering alternative products and services; b) he or she has rights of access to, and correction of, his or her information under the Privacy Act 1993; and c) PaySmart (or the club) may contact the Customer for any purpose related to the provision of its products and services.
5. Debt Collection Action- The Customer: a) Authorises PaySmart to notify any debt collection or credit reporting agency upon default by the Customer in regard to any obligation to pay under this Direct Debit Request; b) agrees to immediately pay the full outstanding balance of the remainder of the payments due, including any current arrears, should a default occur prior to this Direct Debit request terminating; c) may be liable for any costs associated with the recovery of your overdue account, this may include, but is not limited to the following; legal fees, interest and mercantile agency collection cost.
6. Weekend and National Public Holidays- 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 PaySmart (Debit User).
7. Authority- This authority shall stand pursuant to the terms and conditions of any contractual agreement between you and the business named overleaf. The administration only of this authority is conducted by PaySmart (Debit User) acting as a billing agent for the business. The services provided by PaySmart are administrative only and do not extend to the provision of any services or benefits provided by the business/club.
8. Direct Debit from Bank Accounts- Direct debiting through is not available on all bank 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 Direct Debit Request.
9. Refunds- All enquiries in relation to refunds must be directed to the business named overleaf.
10. PaySmart (Debit User) will communicate to me/us from time to time. To ensure communication reaches me/us it is important PaySmart (Debit User) is supplied by me/us with a valid email address and mobile phone number. Failure to supply a valid email address and a mobile phone number will prevent PaySmart (Debit User) from contacting me/ us regarding important information concerning my account.
11. In signing this Direct Debit Request, I /we accept the conditions outlined in PaySmart’s Product Disclosure Statement (PDS) in its entirety. PaySmart (Debit User) will email the PDS to me/us and, if this is not received, I/we acknowledge that I/we have accessed, read and understood the PDS on the PaySmart website: www.paysmart.com.au.
Please submit any complaints via email to email@example.com. Please include all detail relating to your complaint. We will do all that is reasonably and practicably possible to assess the merits of the complaint and respond within a reasonable timeframe.
Your use of this website, any Plus Fitness gym or facility and any dispute arising from such use is subject to the laws of India.
Any Current Notices
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 gym as well as on this webpage.
Any Current National Promotions Terms and Conditions
“What’s Under the Tree” December Promotion - Terms and Conditions
1. New members may join a participating Plus Fitness 24/7 gym (“Participating Location”) for a half-price joining fee of $49.50 (usually $99) and have their first two weeks of membership fees waived (“the Offer”).
2. A new member means an individual who does not have an existing membership with any Plus Fitness 24/7 gym.
3. The joining fee is payable in full at the time of joining. Further standard fees may be payable on joining, which vary according to Participating Locations. For a full list of applicable fees, please contact the Participating Location.
4. At the conclusion of the first two weeks of membership, membership fees will revert to the standard applicable weekly membership fees, ranging from $13.95 per week to $16.95 per week and payable fortnightly in advance by direct debit.
5. The Offer is only available to new members who pay ongoing fees by direct debit.
6. The Offer is conditional on the new member entering into the standard Plus Fitness Membership Agreement.
7. The Offer is not to be used in conjunction with any other offer, unless otherwise specified.
8. The Offer is not transferrable or exchangeable and cannot be redeemed for cash, credit or products.
9. One Offer only per new member.
10. Subject to applicable laws, the Offer may be varied, updated or terminated at any time.
11. See www.plusfitness.com.au for a list of Participating Locations or contact your local Plus Fitness to determine whether they are participating.
12. Offer commences on 1 December 2018 and ends on 31 December 2018.