VIC - MEMBERSHIP TERMS AND CONDITIONS

Key Terms of the agreement

Some of the key terms of this Agreement are summarised below. You should refer to the noted clause for full details.

  • Cooling Off: You can cancel this Agreement within 7 days from the Start Date by giving us written notice (see Details and clause 3).
  • Your Safety: You agree to give us all relevant health and fitness information before or during any exercise. Each time you use the Facilities and Services, you must ensure you are in good physical condition and know of no medical or other reason why you should not exercise. If unsure, you should seek medical guidance (see clause 11).
  • Access and Reciprocity: When you join our Club you can access any Plus Fitness 24/7 gym immediately for standard memberships (see clause 4. g).
  • Tailgating: You must not permit any other person to enter the Club or to use the Facilities and Services, whether a member or not. This will result in a $250 fine for a breach of this clause 5(b).
  • Membership Transfer and Assignment of this Agreement: As a broad rule, if you use another Club more than our Club, (using the criteria set out in this Agreement) your Membership and this Agreement will be transferred from our Club to the Club you visit the most. If this happens, the Fees, including your Membership Fees, may change (see clause 9).
  • Putting Your Membership On Hold: You may put your Membership on Time Hold for a minimum period of two (2) weeks (1 payment) and a maximum period of three months (6 payments) in each year. Each year commences on the anniversary of your Commencement Date. To place your account on Time Hold, please complete the ‘Plus Fitness Time Hold Application’. It is the members responsibility to be aware of when debits will resume after Time Hold (see clause 9).
  • Cancelling your Membership: Your membership will continue until you complete a cancellation form in club with at least 14 days (minimum 1 final payment) that you wish to cancel your Membership. For security and identification purposes, termination must be completed in club by completing a ‘Plus Fitness cancellation form’. This must be done at your current Plus Fitness home club if the member has been transferred due to usage (see clause 8).

    1. Definitions

a) “Agreement” means this Membership Agreement, including the Schedule, Terms and Conditions and any recitals or annexures.

b) “Club”, “we” or “our” means the Plus Fitness 24/7 club set out in the Schedule.

c) “Commencement Date” means the date that this Agreement and your Membership commences, as set out in the Schedule.

d) “Facilities” means the gym equipment, machinery, amenities, access key and other facilities available at the Club;

e) “Fees” means the fees payable by you to join and participate in the Membership.

f) “Franchisor” means Plus Fitness Pty Ltd ACN 126 140 18;

g) “Youth Member” means a Member between the age of 14 and 15 years old;

h) “Junior Member” means a member aged between 8 and 13 years old;

i) “Member” or “You” means the person entering into this Agreement and joining the Membership, as specified in the Schedule;

j) “Membership” means your membership with the Club, being the type specified in the Schedule;

k) “Minimum Term” the minimum term as set out in the Details.

l) “Parent/Guardian” means the lawful parent or guardian of a Junior, Youth Member or under 18;

m) “Ongoing Agreement” an agreement that continues on an ongoing basis after the Minimum Term until terminated under clause 8.

n) “Related Entities” means the Franchisor and any other club in the “Plus Fitness 24/7” group, including other franchisees;

o) “Schedule” means the schedule to this Agreement;

p) “Services” means classes, programs and other health and fitness services at the Club;

q) “Term” means the term of this Agreement, as set out in the Schedule;

r) “Terms and Conditions” means these terms and conditions;

s) “Time Hold” means your Membership is placed on temporary hold, in accordance with clause 9(a).

t) “Home Club”- References the club set out in the Schedule, if your membership is transferred as per item 9(c) your new club will be referenced as your new “home club”.

2. Binding Agreement

a) Subject to clause 3, you acknowledge and agree that by signing this Agreement, you have entered into a legally binding agreement with us. You further acknowledge that this written agreement is the entire agreement between us and you and no other representation is to be relied upon.

b) As such, you should seek independent advice and/or let us know if you have any queries relating to this Agreement prior to signing and by signing this agreement you acknowledge that you have been given the opportunity to obtain such independent advice.

3. Cooling-Off

a) You may cancel your Membership any time before 5.00pm on the seventh (7th) day following the Commencement Date. For security and identification purposes, cancellation must be completed in-person at the Club.

b) If you exercise your cooling-off rights under clause 3(a), we will refund all fees already paid by you excluding the Access Key Fee and any other fees for services provided.

4. Provision of Services

a) In consideration for payment of the Fees, we agree to provide you with access to the Facilities and the Services during the Term.

b) Some Services, such as personal training services, are excluded from the Membership and may require payment of additional fees as offered by the relevant provider. Full particulars will be provided upon request.

c) You acknowledge and agree that the Fees are reviewed periodically and may increase. This is regardless of the Fees payable when you entered into this Agreement or the Term (unless you have pre-paid in advance). You will be notified a minimum of 30 days prior to any such Fee increase by way of signage displayed within the Club.

d) Your safety is important to us, and as such, we will endeavour to ensure that the Facilities and the Services are safe, hygienic and secure.

e) If at any time you become aware of an issue with the Facilities or the Services, please notify us in writing immediately.

f) The Facilities and the Services offered by us are subject to change from time to time without notice to you (provided that such Facilities and Services will be of no less quality than provided as at the Commencement Date, subject to fair wear and tear).

g) Some membership types may have restricted access or hours of usage. It is your responsibility to check with your club what restrictions your membership has regarding access.

5. Your obligations

a) You agree to, at all times, abide by the rules of conduct, behaviour, dress code and other policies or rules in place detailed in the Plus Fitness Welcome Booklet/Email and/or displayed in the Club.

b) You must not permit any other person to enter the Club or to use the Facilities and Services, whether a member or not. This will result in a $250 fine for a breach of this clause, which will be automatically charged using your payment details provided and we may immediately cancel or suspend your Membership in our absolute discretion.

c) You must not intentionally activate any duress buttons or signals without having reasonable cause to do so. This will result in a $250 fine for a breach of this clause, which will be automatically charged using your payment details provided and we may immediately cancel or suspend your Membership in our absolute discretion.

d) You must notify us in writing if your contact details change

6. Age Restrictions

a) Except as otherwise specified in this Agreement, you acknowledge and agree that under no circumstances are you permitted to bring children into the Club, nor are you permitted to leave children unattended in the Club. We shall not be liable to you in any manner for any injury, loss or damage sustained as a result of your failure to comply with this clause and you agree to indemnify us and hold us harmless for any loss and damage we may suffer as a result of your breach of this clause; and.

b) If you are under 18 years, you and your Parent/Guardian both agree to sign and be bound by this Agreement and always comply with our Membership Age Policy and Children In Gym Policy, as varied from time to time.

7. Fitness Passport members

a) The Fitness Passport member to which this agreement applies agrees that the Personal Access Key issued to them can only be used to access the Plus Fitness Gyms on the Fitness Passport program as listed from time to time via the Plus Fitness website to the list of clubs: https://www.plusfitness.com.au/participating-fitness-passport-clubs/ or otherwise advised to them by Fitness Passport. It is acknowledged that any breach of the Plus Fitness terms and conditions will result in access being immediately cancelled.

b) Junior (13 years and under) are not issued with an Access Key in line with our Children in the Gym policy and therefore cannot be accepted onto the Fitness Passport program. Youth (14-15 years) will be issued with an Access Key, it is acknowledged access is only during our staffed hours. Usage outside of these staffed hours will result in immediate cancellation of the membership. All other ages (16 years plus) have 24/7 access.

8. Termination and Membership

a) Cancelling your Membership: your membership will continue until you complete a cancellation form in club with at least 14 days (minimum 1 final payment) that you wish to cancel your Membership. For security and identification purposes, termination must be completed in club by completing a ‘Plus Fitness cancellation form’. This must be done at your current Plus Fitness home club if the member has been transferred due to usage.

b) You may terminate this agreement if you become bankrupt and give us proof (such as supporting documents) to our reasonable satisfaction;

c) You may terminate this Agreement at any time for medical reasons, on presentation of a medical certificate.

d) You acknowledge and agree that, except as otherwise set out in this Agreement or as required by law, all Fees are non-refundable upon termination of this Agreement and your failure to use the Facilities and Services does not allow for early termination of this Agreement nor does it warrant a refund of any type. You further acknowledge and agree that failure to use the Facilities and Services does not affect any of the terms of this Agreement and we are in no way responsible for your level of usage nor is it our responsibility to notify you of your usage at any stage.

e) If you breach any term of this Agreement or act in a way, we deem inappropriate, we may suspend or cancel your Membership or restrict your access to the Club. If any such breach causes us or another person costs, loss or damage, you agree to be liable for these.

f) You acknowledge that the Access key is non-refundable.

g) If you lose or damage your access key, you must purchase a new access key at the cost currently applicable.9. Time Hold and Transfers

a) You may put your Membership on Time Hold for a minimum period of two (2) weeks (1 payment) and a maximum period of three months (6 payments) in each year. Each year commences on the anniversary of your Commencement Date. To place your account on Time Hold, please complete the ‘Plus Fitness Time Hold Application’. It is the members responsibility to be aware of when debits will resume after Time Hold.

b) You may transfer your Membership to another person for the balance of the Term with our prior consent. This must be done in-person at the Club.

c) 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 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’.

d) If our Club closes for any reason, whether temporarily or permanently, your Membership will be automatically transferred to the other nearest Plus Fitness 24/7 club (but only for the period of the closure if the closure is temporary). Should you wish to cancel your Membership because of the relocation, please let us know in-person at the Club.

e) If your Membership is not our standard Membership, such as Junior, Youth, FIFO or Off Peak membership, or any other Membership type, and your circumstances change so that you are no longer eligible for this Membership type, then your Membership will be changed to our standard Membership and the Fees payable under this Membership will become applicable. You will be notified of any change to your Membership via SMS or email using the details provided by you.

9. Security Surveillance

a) You acknowledge that the Club uses CCTV surveillance (in most cases, 24 hours a day) at the Club premises (except in bathrooms) and may have remote video or other guarding services.

b) This system is used for security purposes but does not guarantee against harm.

10. Limitation of Liability

a) You acknowledge and recognize the inherent risks of injury or ill health resulting from use of the Facilities and Services and participation in exercise generally. It is recommended that you seek medical advice prior to commencing any exercise program.

b) To the extent permitted by law, you agree to release and indemnify us and our Related Entities for any loss or damage suffered by you in respect of any incident arising out of injury, loss, damage or death caused to you or your property in any way whatsoever, except arising out of our reckless conduct.

c) You agree that you use the Facilities and Services at your own risk and responsibility whether supervised or not by staff.

d) As a member of Plus Fitness, you are entitled to a complimentary Fitness assessment and program. During this session we will teach you how to use all the equipment in a safe and effective way.

11. Privacy

a) 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 offers or promotions then please send us an email or letter confirming that you wish to unsubscribe from such methods of communication.

b) Please contact us for a copy of our privacy policy.

Complaints Handling

Please submit any complaints via email to [email protected] 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.

APPLICABLE LAWS

Your use of this website, any Plus Fitness gym or facility and any dispute arising from such use is subject to the laws of VIC, Australia.

ANY CURRENT NOTICES

Plus Fitness would like to advise both its existing and new members that any historical reference to "no contracts" in regards to memberships is intended to read "no lock in contracts". 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.

As of the 1st January 2020 the failed direct debit payment Return Fee charged by PaySmart (Billing Company) will increase from $15.00 to $15.90. 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 for the full terms of your membership. Please note, it is the members responsibility to ensure cleared funds are available in thier nominated bank account or credit card to meet any 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 $15.90 for return fees and administrative costs incurred by PaySmart.