WA - MEMBERSHIP TERMS AND CONDITIONS

  1. Definitions
    1. “Agreement” means this Membership Agreement, including the Schedule, Terms and Conditions and any recitals or annexures;
    2. “Club”, “we” or “our” means the Plus Fitness 24/7 club set out in item A of the Schedule;
    3. “Commencement Date” means the date that this Agreement and your Membership commences, as set out in item C of the Schedule;
    4. “Facilities” means the gym equipment, machinery, amenities, access card and other facilities available at the Club;
    5. “Fees” means the fees payable by you to join and participate in the Membership;
    6. “Franchisor” means Australian Fitness Management Pty Ltd ACN 126 140 18;
    7. “Youth Member” means a Member between the age of 14 and 15 years old;
    8. “Junior member” means a Member between the age of 8 and 13 years old;
      1. “Member” or “You” means the person entering into this Agreement and joining the Membership, as specified in item B of the Schedule;
    9. “Membership” means your membership with the Club, being the type specified in Item C of the Schedule;
    10. “Parent/Guardian” means the lawful parent or guardian of a Junior, Youth Member or under 18;
    11. “Related Entities” means the Franchisor and any other club in the “Plus Fitness 24/7” group, including other franchisees; 
    12. “Schedule” means the schedule to this Agreement;
    13. “Services” means classes, programs and other health and fitness services at the Club;
    14. “Term” means the term of this Agreement, as set out in Item C of the Schedule;
    15. “Terms and Conditions” means these terms and conditions;
    16. “Time Hold” means your Membership is placed on temporary hold, in accordance with clause 7(e). 
    17. “Home Club”- References the club set out in item A of the Schedule, if your membership is transferred as per item 8.c your new branch will be referenced as your new “home club”. 
  2. Binding Agreement
    1. Subject to clause 3, you acknowledge and agree that by signing this Agreement, you have entered into a legally binding agreement with us.  
    2. As such, you should seek independent advice and/or let us know if you have any queries relating to this Agreement prior to signing. 
  3. Cooling-Off
    1. You may cancel your Membership any time before close of business on the seventh (7th) day following the Commencement Date. Notice of your cancellation can be completed in club or written notice must be provided to your current Plus Fitness home club & for security reasons you must provide your full name on your agreement, the email address associated with the membership and your date of birth. You will receive a response within 7 (seven) days of your request to notify you of your final debit, if you have not received a reply, please contact the club to confirm that they have received your correspondence.   
    2. If you exercises your cooling-off rights under clause 3(a), we will refund all fees already paid by you excluding the Access Card Fee and any other fees for services provided.
  4. Provision of Services
    1. In consideration for payment of the Fees, we agree to provide you with access to the Facilities and the Services during the Term.
    2. 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.
    3. Your safety is important to us, and as such, we will use our best endeavours to ensure that the Facilities and the Services are safe, hygienic and secure.
    4. If at any time you become aware of an issue with the Facilities or the Services, please notify us immediately.
    5. 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).
    6. 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
    1. 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” and/or displayed in the Club.
    2. You must not permit any other person to enter the Club or to use the Facilities and Services, whether a member or not, without our prior consent. We may charge you a fee of $250 for a breach of this clause, which will be automatically charged using your payment details provided, and may immediately cancel or suspend your Membership in our discretion.
    3. You must not intentionally activate any duress buttons or signals without having reasonable cause to do so. We may charge you a fee of $250 for a breach of this clause, which will be automatically charged using your payment details provided, and may immediately cancel or suspend your Membership in our discretion.
    4. You must notify us if your contact details change.
  6. Age Restrictions
    1. 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.  
    2. If you are a Junior or Youth Member, you and your Parent/Guardian both agree to sign and be bound by this Agreement and at all times comply with our “Membership Age Policy and Children In Gym Policy”, as varied from time to time.
  7. Termination and Membership 
    1. After the Term, this Agreement will continue until terminated by you.
    2. Payments will continue until notified. You may terminate this agreement by providing us with 14 days written notice (1 final payment). Notice can be completed in club or written notice must be provided to your current Plus Fitness home club & for security reasons you must provide your full name on your agreement, the email address associated with the membership and your date of birth. You will receive a response within 7 (seven) days of your request to notify you of your final debit, if you have not received a reply, please contact the club to confirm that they have received your correspondence.   
    3. You may also terminate this Agreement at any time for medical reasons, on presentation of a medical certificate.
    4. 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.
    5. 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 wholly liable for these.
    6. 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.
  8. Time Hold and Transfers
    1. 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. Requests for Time Hold must be completed in-person at the Club. Your Time Hold will commence from the date your next direct debit payment would have been due. 
    2. 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.
    3. 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’.
    4. 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.
    5. If your Membership is not our standard Membership, such as Junior, Youth or Off Peak member, 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
    1. 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. 
    2. This system is used for security purposes but does not guarantee against harm. 
  10. Limitation of Liability
    1. You acknowledge and recognise 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.
    2. 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. 
    3. You agree that you use the Facilities and Services at your own risk and responsibility whether supervised or not by staff.
  11. Privacy
    1. 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.
    2. Please contact us for a copy of our privacy policy.
  12. Direct Debit Request Service Agreement
    1. You acknowledge and agree that direct debit payments are managed and debited on behalf of us by a third party billing agent, PaySmart Pty Ltd ACN 117 597 010 AR No. 409047 (PaySmart). 
    2. 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.
    3. 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 $15.90 for return fees and administrative costs incurred by PaySmart. If PaySmart 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. You acknowledge and agree that: 

PaySmart is entitled to store your personal information (whether received by you, 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;

you have rights of access to, and correction of, your personal information under the Privacy Act 1988; and

PaySmart (or the Club) may contact you for any purpose related to the provision of its products and services.

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 NSW, 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.

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