Membership Terms & Conditions
DEFINITIONS
In this Agreement, the following terms apply:
Agreement means this membership agreement made between you and Essence Fitness.
Club means the Essence Fitness gym where you applied for your membership as described in the agreement.
Essence Fitness means The Trustee For The Mikkaz Trust..
You means the person described in this Agreement who is applying for the Essence Fitness membership.
CONTRACT
This agreement incorporates the terms of the Essence Fitness membership policies and club rules (which are located at the club).
MEMBERSHIP
Nature of membership: Your membership permits you to use Essence Fitness premises, facilities, equipment and services as shown and limited by the membership identified. Your membership is non-transferable by you unless deemed appropriate by Essence Fitness management. Essence Fitness reserves the right to sell memberships at different rates and terms.
Membership freezes: Essence Fitness will freeze your membership for a minimum period of 4 consecutive weeks to a maximum of 12 weeks per year. To be eligible for a membership freeze you must be in good standing with all processing and enrolment fees paid and you must be current on your fortnightly fees.
Membership transfer – PIA: The member is able to transfer to a non-member. A $35 transfer fee is payable by the incoming member on transfer of the membership.
FEES
You agree to pay the fees as set out in the Agreement and agree to be bound by the direct debit terms and conditions as described in this agreement.
DISHONOUR FEE
A member is subject to a $15.00 administration fee in the event that a fortnightly Direct Debit membership payment is dishonoured by their financial institution.
CLUB ENHANCEMENT FEE
Enhancement Fee Once a year on 1st March, everyone pays a club enhancement fee of $15.00. If you pay by direct debit this will increase for this one payment and then revert to you normal fortnightly fee.
If you pay your membership upfront, this fee is taken as a one-off payment.
This is invested yearly into club improvements.
MEMBERSHIP FEE INCREASE
Essence Fitness reserves the right, at any time, to change the fees charged to members for use of the Facilities. Essence Fitness agrees to use reasonable endeavours to provide you with written notice of the changes at the most current address you have supplied. The changes will take effect 30 days after the notice has been received by you. We deem receipt to have occurred 2 business days after the notice was posted. At the end of the 30 day period, you authorise Essence Fitness and/or the direct debit company to debit the new amount to your account.
CANCELLATION, TERMINATION AND REFUND
48 Hour Cooling off Period: You can cancel your membership within 48 hours after signing this Agreement by advising the Club manager in writing. If you do, Essence Fitness will refund all money you paid within 10 days of when Essence Fitness receives the notice. An administration fee of $75, or 10% of all fees paid (whichever is lesser) is payable if you exercise your right to the 48 hour cooling off period.
Basic Cancellation Rights and Refund: You may cancel your membership and receive a refund of any unused prepaid monthly Fees if you qualify as follows:
- a) Permanent sickness or physical incapacity: your disability must physically prevent you from using any of the facilities and a licensed physician must verify this fact in writing. In case of death, your estate must provide written evidence. In either case, Essence Fitness will refund any unused prepaid monthly fees.
- b) Termination of direct debit membership: If you have a direct debit membership you may terminate it at any time upon (i) completion of cancellation form on Essence Fitness web site; and (ii) return of your membership access/keycard once your membership is out of the contract period. There will be 2 further direct debit payments following receipt of your web site cancellation request.
- c) Termination of prepaid membership: If you have a prepaid membership, you may not terminate it during the prepaid period (or get a refund), except for reasons stated in section (a) and (b). If you do not renew your prepaid membership by the renewal date, your prepaid membership automatically expires.
- d) Termination for cause by Essence Fitness: Essence Fitness may, at its option, terminate your membership if (i) you fail to make timely payments under any payment plan ; (ii) any monthly payment or fees are late; (iii) you fail to follow any of Essence Fitness membership policies or club rules or violate any part of this agreement.; or (iv) your conduct is improper or harmful to the best interest of Essence Fitness and its members. Termination is effective on the date Essence Fitness email/mails a written notice to your last known address. You are liable for all financial obligations until that date. If you prepaid your fees, Essence Fitness will not refund any unused portion, and you must immediately return your membership access key.
- e) Effect of termination and financial obligation: Upon cancellation or termination, your right to use the facilities ends and Essence Fitness can deny you access to the Essence Fitness club. Any money owing to Essence Fitness when your membership ends remains immediately due and payable and Essence Fitness will deduct the amount outstanding from any refund for which you are eligible. If there is not enough money to cover the debt in the refund, you must pay the balance.
MINIMUM AGE
All the membership holders of Essence Fitness must be a minimum of 14 years of age. All minors under the age of 18 must have a parent or guardian co-sign the membership agreement for and acknowledgement of the indemnity waiver.
Minors aged between 14 – 16 must comply with the following restrictions:
- a) Access during staffed hours only – no access card will be issued.
- b) A pre-existing questionnaire to be completed by parent or guardian.
- c) A suitably qualified personal trainer to undertake a pre-exercise assessment and then provide an exercise program for the minor prior to the commencement date.
24/7 ACCESS
Essence Fitness only grants members 24/7 access to its facilities. Any member who brings a non-member into the club during unstaffed hours acknowledges that:
- They accept responsibility and liability on their personal behalf for any injury, loss or damage attributed to the non-member whether or not caused through the negligence of Essence Fitness;
- Their membership will be terminated with a $150 non-compliance fee charged to the member’s nominated bank account; and
- They will be prohibited from re-joining the club.
UNSTAFFED HOURS
Essence Fitness operates on a 24/7 basis and is accessible by members during unstaffed hours. As a member utilizing the facilities you acknowledge that you enter and use the facilities at your own risk. If you feel there is a risk to your personal property, health and safety or you have any other concerns regarding the undue effect of exercising in an unstaffed facility, then DO NOT accept this agreement.
STAFFED HOURS
The staffed hours for the club are displayed at the entrance to the club. Essence Fitness reserves the right to make amendments to staffed hours at any time without notice.
VIDEO SURVEILLANCE
For security purposes, Essence Fitness uses video surveillance equipment to monitor the club on a 24 hour basis. By signing this agreement you acknowledge that by accessing the facility you will be subject to video surveillance and recording. Video surveillance is limited to the floor area only, and in not within the walls of the bathrooms or client screening rooms.
ORIENTATION
It is a condition of this agreement that you participate in a scheduled member orientation program. The orientation focuses on the safe and accurate use of the equipment provided at the club. Essence Fitness may suspend or terminate this agreement in the event of unsatisfactory completion of the club orientation prior to the commencement of exercise.
RELEASE
You use the facilities provided by Essence Fitness at the club at your own risk and acknowledge that the use of the facility may involve risk of injury, whether caused by you or another party. You release, to the fullest extent permitting by law, Essence Fitness against and from all expenses, costs, liabilities, claims, actions, proceedings, damage, judgment and losses of any kind whatsoever arising out of, caused by, attributable to or resulting from any accident, damage, loss, damage to property injury or death to any person.
INDEMNITY
You indemnify Essence Fitness against and from all expenses, damage, costs, liabilities, claims, actions, proceedings, judgment and losses of any kind whatsoever that Essence Fitness incurs arising out of, caused by, attributable to or resulting from any accident, damage, loss, damage to property, injury or death to any person caused by you at or in the club or in the vicinity of the club.
EQUIPMENT
You understand and acknowledge that Essence Fitness purchases or leases the equipment from a third party and therefore does not manufacture any of the fitness or other equipment used in the club. You understand and acknowledge that Essence Fitness is providing recreational services and may not be held liable for defective products or equipment.
PHYSICAL CONDITION AND NO MEDICAL ADVICE
You represent that you are in good physical condition and have no medical reason or impairment that might prevent you from your using the equipment at the club. You acknowledge that Essence Fitness did not give you medical advice before you used the equipment and cannot provide medical advice after you use the equipment. If you have any medical concerns now or after you join as a member of the club, you must discuss them with your doctor before using the equipment.
LIABILITY FOR PROPERTY
Essence Fitness is not liable to you for any personal property that is damaged, lost or stolen while on or around the club including, but not limited to, a vehicle or its contents or any property left in an open locker. If you cause damage to the club or any equipment you are liable to Essence Fitness for its cost of repair or replacement.
CHANGE OF DETAILS
You must provide us with any changes to your details which are relevant to your membership.
ENTIRE AGREEMENT AND ENFORCEMENT
You acknowledge that Essence Fitness or any other party has made any representations or promises upon which you have relied when entering this agreement. This document contains the entire agreement between you and Essence Fitness and replaces any oral or other written agreement. Any manual or hand written changes to this agreement are not valid. If a court declares any part of this agreement invalid, it will not invalidate the remaining parts, which continue unaffected. If Essence Fitness does not enforce any rights in this agreement for any reason, Essence Fitness does not waive its right to enforce it later.
CREDIT CARD PAYMENTS
I / We acknowledge that “Paysmart Pty Ltd” will appear as the business name for payments from a credit card. I / We acknowledge and agree that Paysmart Pty Ltd will not be held liable for any disputed transactions resulting in the non supply of goods and /or services and that any disputes will be directed to the business, as Paysmart Pty Ltd is acting as a 3rd party payment provider.
I / We acknowledge and agree that in the event that a claim is made, Paysmart Pty Ltd will not be liable for the refund of any funds. Paysmart Pty Ltd will keep your information about your nominated account at the financial institution private and confidential unless this information is required to investigate a claim made, relating to an alleged incorrect or wrongful debit, or otherwise required by law. Further information relating to Paysmart Pty Ltd‘s Privacy Policy can be found at: www.paysmart.com.au
I / We authorise:
- The Debit User to verify details of my/our account with my/our financial institution
- The Financial Institution to release information allowing the Debit User to verify my/our account details.