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Queenscliff 24/7 Fitness Studio Membership Agreement

This is an Agreement under which You agree to become a Member (herein referred to as “You”, “Your” and “the Member” meaning the person named in the Acknowledgement below), of Queenscliff 24/7 Fitness Studio, Pilates and Yoga Studio, owned and operated by the company “Thirty Eighth Janelda Pty Ltd” trading as “BIG4 Beacon Resort and Mud Day Spa” (herein referred to as “We”, “Our”, “Us” and “The Owner”).ABN: 30961786616 Words in Bold and/or Italicised font are defined in the attached Terms and Conditions.

This Agreement consists of –

1. The Details section;
2. The General Terms and Conditions plus any other documents attached or referred to, including the Studio Rules on display in the Fitness Studio; and
3. Our Privacy Policy.
By signing this Agreement, You are entering into a legally binding contract with Us.

This Agreement sets out Your rights to use the Facilities and Services and the responsibilities You have as a Member. These responsibilities, including payment of Membership Fees, do not depend on how often You use the Facilities and Services.

What is set out in this Agreement overrides any statements made by You or Us before You sign it so You should read through it fully to make sure it reflects Your expectations. If You are unsure whether any particular statements that You have relied on are part of this Agreement, or if You have any queries regarding this Agreement, please ask before You sign.
Accepting this Agreement does not automatically entitle You to a Membership as Your application may be subject to approval by Us. We reserve the right, in Our sole discretion, to amend this Agreement.

Member Details and Acknowledgement

Your Name: ……………………………………………………………………………………. ID(eg. Licence): ………………………………….
Address: ………………………………………………………………………………………… …………………………………………………………
Email: …………………………………………………………………………………………….. Mobile: ……………………………………………..
Date of Birth: …………………………………………………………………………………… Gender: …………………………………………….
Emergency Contact Person: …………………………………………………………….. Mobile: ……………………………………………..
You acknowledge having read this Agreement and You fully understandYour obligations under it.
By signing below, You agree to be bound by the provisions of this Agreement.
Member Signature: ……………………………………………………………………………… Date: …………………………..

DETAILS
Key Terms
Some of the key terms of this Agreement are summarised below. Refer to applicable Clause and further information in the attached Terms and Conditions.
Cooling Off Period: You can cancel this Agreement within 7 days from the Start Date by giving Us written notice. (Clause 3)

Your Safety: 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 and not use the Facilities and Services. (Clause 5)

Putting Your Membership On Hold:
− In any Agreement period You can usually ‘suspend / freeze’ Your Membership twice for a combined maximum period of up to 3 months.
− If We agree, You may suspend Your Membership more than this for travel, medical or hardship reasons but give us proof.
− The minimum suspension period is one billing period (or 2 weeks if You have pre-paid Your Membership Fees).
Your Membership will automatically be extended by the suspension period.
− A weekly Suspension Fee of up to $2.50 may apply. (Clause 9)

Cancelling a Membership
On an Ongoing Agreement after the Minimum Term: You may cancel at any time by providing a minimum of 30 days written notice. (Clause 10.2).
Within the Minimum Term for Medical Reasons: You can cancel Your Membership in the Minimum Term if You contract a serious illness or a permanent physical incapacity which is confirmed by a doctor, We reasonably agree to and You pay an Administration Fee, which is the same as Your Membership Fee for 30 days. (Clause 10.3)
Within the Minimum Term for Other Reasons: You can cancel for Your convenience if You pay the Cancellation Fee which is higher of 50% of the balance due to the end of the Minimum Term or a sum equal to 30 days. (Clause 10.4)

Minimum Term
Start Date: The commencement of Your Fitness Studio Membership, which will be deemed to be the date of the signed Agreement, unless We agree to a later date.
Cooling Off End: 7 Days after the Start Date (ending at 11.59pm on that day).
Minimum Term End: 3 Months (13 weeks) after the Start Date (ending at 11.59pm on that day).

Agreement Terms and Fee Schedule
Membership Fee, Monthly …………………………………………………………………………………………………………… $96.00
Access Pass Fee (Refundable on return of pass) ……………………………………………………………………………. $50.00

Other Fees
Administration / Cancellation Fee,
Within Minimum Term ………………………………………………………………. Balance of Fees to Minimum Term End
After Minimum Term End ……………………………………………………. A sum equal to 30 days Membership Fees.
Suspension Fee, (per week whilst on hold) ………………………………………………………………………………………. $2.50 Replacement Access Pass Fee ……………………………………………………………………………………………………. $50.00
Tailgate Fee, per incident ……………………………………………………………………………………………………………… $60.00
Dishonour Fee, per default …………………………………………………………………………………………………………… $10.00

Direct Debit Information:
If an automatic Direct Debit Arrangement is in place, Your Membership Fees will continue to be debited from Your account until You or We cancel the arrangement by advising Your bank or credit provider. If You end this Agreement or stop the automatic debit arrangement in a way not described in this Agreement, You may be liable for unpaid Fees, or damages for breach of contract. You should, however, cancel any direct debit authorisation when Your Arrangement lawfully ends.

Not Enough Money in Account When Fees Are Due:
If You default in the payment of any money due under this Agreement then You must pay to Us upon demand the Dishonour Fee for each occasion the direct debit is dishonoured. (Clause 13.2) Your bank or credit provider may also charge You a fee for overdrawing Your account.

GENERAL TERMS AND CONDITIONS
1. Definitions
1.1. Administration Fee: The Fee payable under clause 10 as set out in the Details.
1.2. Agreement: refers to the Queenscliff 24/7 Fitness Studio/Yoga/Pilates Membership Agreement.
1.3. ACL: means the Australian Consumer Law in the CCA
1.4. Cancellation Fee – The Fees payable under clause 12 as set out in the Details.
1.5. CCA- the Competition and Consumer Act 2010 (Cth)
1.6. Studio Rules – the Rules that are referred to in clause5.4.
1.7. Details – the part of this Agreement described as the “Details”
1.8. Direct Debit Amount – what You agree to pay by direct debit each Direct Debit PaymentPeriod as set out in the Details. 1.9. Dishonour Fee–Amount charged to your Membership account for each occasion the Direct Debit amount is dishonoured. 1.10. Direct Debit Payment Period – the frequency of Your direct debit payments as set out in the Details.
1.11. Essential Term – a term of this Agreement that is so important You would not have signed the Agreement without, for example, a requirement that the Facilities and Services are available 24 hours 7 days a week (subject to clause 18, clause 19.1). If there is a disagreement as to whether the term is an Essential Term, the matter will be reasonably determined by Us. 1.12. Facilities and Services – includes the Fitness Studio/Yoga/Pilates and all exercise areas, change rooms, equipment, weights, benches, machines and mats, yoga classes, Pilates classes and any other services at the Fitness Studio.
1.13. Fees – fees that apply under this Agreement as set out in the Details and referred to in clause 12.
1.14. Fixed Terms Agreement – an agreement which automatically ends at the end of the Minimum Term.
1.15. Access Pass – the access key allows You to access the Studio
1.16. Access Pass Fee – the Fee payable under clause 12.3 as set out in the Details.
1.17. Important Notice – the part of this Agreement described as this.
1.18. Member – an approved Fitness Studio Member under this Agreement
1.19. Membership – another word used to refer to this Agreement.
1.20. Membership Fees – the Fees You pay to access the Fitness Studio, Yoga/Pilates Facilities and Services as referred to under clause 12 and set out in the Details.
1.21. Minimum Age – the minimum age to become a Member and use the Facilities and Services and referred to in clause 4. 1.22. Minimum Term – the minimum term as set out in the Details.
1.23. Ongoing Agreement – an agreement that continues on an ongoing basis after the Minimum Term until terminated under clause 10.
1.24. Pro Rata Fee – the Fee/s that may be applicable under clause 12.3 and set out in theDetails.
1.25. Replacement Access Pass Fee – the amount payable under clause 5.2 as set out in the Details.
1.26. Start date – when this Agreement starts as set out in the Details.
1.27. Studio and Fitness Studio – Queenscliff 24/7 Fitness Studio.
1.28. Terms – the part of this Agreement described as the “Key Terms”.

2. Joining and Access
2.1. When You join the Studio, You will need to give Us information noted in the Details and provide Us with photographic identification. If You join under a particular offer, such as a corporate offer, You will also need to give Us proof that You are eligible for that offer.
2.2. On joining, We will give You an Access Pass that will let You have access to the Studio and the Facilities and Services offered in this membership.

3. Cooling Off
3.1. If You change Your mind after joining, You have 7 days to cool off or cancel Your Membership starting on the Start Date. To be effective, You must let Us know in writing at any time during this 7 day cooling off period. Your written cancellation can be given to Us personally, by post or by e-mail.
3.2. If You cancel Your Membership under clause 3.1, We will charge You the Access Pass Feet hat is not returned and fees for any services or products already supplied but the Membership Fee will be refunded.

4. Minimum Age – For safety and security reasons You must be at least 16 years old to become a Member.

5. Health and Safety and Acceptable Conduct
5.1. Your physical condition
5.1.1. When You sign this Agreement and 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 not use the Facilities and Services until You have sought appropriate medical guidance and have been certified as fit to do so.
5.1.2. You promise that information You give Us will be true and accurate and not misleading in any way.
5.1.3. You must not use the Facilities and Services if You are suffering from any illness, disease, injury or other condition that could be a risk to Your health or safety or that of other Members and other persons.
5.1.4. We may suspend or cancel Membership if We have reason to suspect that You have not complied with clause
5.1. 5.2. Your Access Pass
5.2.1. You must use Your Access Pass at all times to access the Studio and must swipe this each time You use the Facilities and Services.
5.2.2. You must not let anyone else into the Studio without Our approval or let anyone else use Your Access Pass. If You break this term, You may be charged the Tailgate Fee and/or Your Membership may be suspended or cancelled.
5.2.3. If Your Access Pass (or access card) is lost or stolen You must let Us know immediately and get a replacement in 14 days or You may be refused access. A Replacement Access Pass Fee will apply.
5.3. Proper use of Equipment
5.3.1. You promise to take care to use the Facilities and Services safely and properly. If You are ever not sure how to operate any equipment properly, You must not use it.
5.4. Studio Rules
5.4.1. Studio Rules apply to everyone using the Facilities and Services. They are displayed in the Studio.
5.4.2. Studio Rules form part of this Agreement so You must make sure that You and Your guests read, understand and follow them at all times.
5.4.3. If You or Your guests break any of the Studio Rules or behave in an inappropriate or dangerous manner We may suspend or cancel Your Membership. If Your breach or Your guest’s breach causes Us or another person costs, loss or damages, You agree to pay such and You agree to indemnify Us from any claim by any person arising from such breach.
5.5. Illegal Performance Enhancing or Other Illicit Substances
5.5.1. You acknowledge that the distribution or use of illegal or performance enhancing drugs is prohibited and promise that You will not use or distribute these substances nor will You permit Your guests to do so in or near the Studio.
5.6. Commercial Activity
5.6.1. You acknowledge engaging in any commercial or business activities in such as offering training services or selling goods in or near the Studio is prohibited.
6. Security
6.1. Following Directions
6.1.1. You agree to follow any reasonable direction We give/display relating to health, safety or security or related matters.
7. Privacy
7.1. Your Personal Information
7.1.1. From when You apply for Membership, You will need to provide Us with, and We will have access to personal information about You which will be kept secure by Us.
7.2. Up to Date Contract Information
7.2.1. You must tell us promptly if You change Your contract or payment details or if there is any change to other relevant personal information, including anything that may affect health and safety.
8. Transfer
8.1. Your Membership may be transferred to another person who is not a current Member but only if We agree, Your account is up to date, and the person You transfer to:
8.1.1. Is eligible to become a Member;
8.1.2. Is able to take up Your Membership
8.1.3. Signs a new agreement to become a Member for at least the balance of the Minimum Term.
8.1.4. Agrees that the provisions of clause 2 regarding access will also apply to them; and
8.1.5. Pays Membership Fees for at least the balance of Minimum Term, or enters into a Direct Debit Payment Agreement if these Fees are to be paid periodically by direct debit; and
8.1.6. Pays applicable other Fees such as a Access Pass Fee
8.2. If Our transfer policy (in clause 8.1) is changed, We will use our reasonable effort to give Members prior notice of the change.
9. Putting Your Membership on Hold
9.1. You may temporarily suspend or freeze Your Membership for any reason if Your account is up to date and, if You have a Fixed Term Agreement; it has more than 2 weeks left. In any 12 month period. You may freeze Your Membership 2 times for up to 3 months for both periods combined.
9.2. We may agree to freeze Your Membership for more than the period noted in clause 9.1 for travel, medical or hardship reasons but You must give us proof (such as supporting documents) to Our reasonable satisfaction.
9.3. The Suspension Fee usually applies during any suspension/freeze period.
9.4. While Your Membership is suspended, the Minimum Term will be extended for the same time as the suspension period. 10. When Can You End This Agreement 10.1. Notice – If You need to notify or tell Us anything in writing:
10.1.1. You can give this to Us in person, by e-mail or post:
10.1.2. Your notice must include Your name, address, phone, e-mail, ID details and signature and explain why You wish to cancel; and
10.1.3. You must also attach required proof such as medical certificate
10.2. Cancelling Your Membership on or after end of the Minimum Term
10.2.1. If this is a Fixed Term Agreement, You do not need to do anything, as Your Membership will end when the Minimum Term ends. We may contact You before the Agreement ends to discuss renewal. If You chose to renew Your Membership or sign a new agreement before the Minimum Term ends.
10.2.2. If this is an Ongoing Agreement, it will continue after the Minimum Term unless You tell us in writing at any time (but at least 30 days) before ending of the Minimum Term that You wish to cancel Your Membership. If You tell us before the end of the Minimum Term but it is less than 30 days before, Your Membership will continue for another 30 days before it ends
10.2.3. If this is an Ongoing Agreement and it has continued beyond the Minimum Term, You can cancel any time by giving Us at least 30 days prior written notice.
10.3. Cancelling for Medical Reasons
10.3.1. You can cancel Your Membership at any time by telling us in writing if You cannot use the Facilities and Services because You contract a serious illness or a permanent physical incapacity during the term of Your Membership. This must be confirmed in writing by a doctor or other medical professional We reasonably agree to and You agree that We may contact the doctor or other professional for verification purposes.
10.3.2. If You cancelled under clause 10.1, We can charge You the Administration Fee. You will also be liable for Fees incurred, i.e. Your Membership Fees for the time You were a Member (calculated on a pro rata basis), the Access Pass Fee and Fees for services already supplied.
10.4. Cancelling for Your Convenience in the Minimum Term
10.4.1. During the Minimum Term, You can cancel Your Membership at any time by telling Us in writing and paying a Cancellation Fee.
10.4.2. You can also cancel Your Membership in the following ways without paying a Cancellation Fee:
10.4.2.1. When prior notice is NOT required:
10.4.2.1.1. We break an Essential Term and have not fixed this in a reasonable time of You asking in writing
10.4.2.1.2. You become bankrupt and give us proof (such as supporting documents) to our reasonable satisfaction;
10.4.2.1.3. We change this Agreement in a way that adversely affects You (this does not include a variation of Fees in the case of a transfer of Membership); or
10.4.2.1.4. You become entitled to cancel under consumer laws.
10.4.2.2. When prior notice is required
10.4.2.2.1. You may cancel by giving us 30 days written notice if You relocate more than 15km from the Studio and You give us proof to our reasonable satisfaction.
10.5. Applicable Fees
10.5.1.1. If You cancel Your Membership under clause 10.4.1 or 10.4.2,You will be liable for Fees incurred, i.e. Your Membership Fees for the time You were a Member (calculated on a pro rata basis), the Joining Fee, the Access Pass Fee and Fees for services already supplied. These
11. When Can We End This Agreement
11.1. In addition to Our other rights under this Agreement, We may cancel Your Membership if You breach any obligation that can be fixed but do not fix it in a reasonable time.
11.2. If We cancel Your Membership under clause 11.1, You will be liable for Fees incurred, i.e. Your Membership Fees for the time You were a Member (calculated on a rata basis), the Access Pass Fee and Fees for services already supplied. We may also charge a Cancellation Fee and recover costs, loss or damages by Your breach.
11.3. You promise You are not bankrupt or insolvent and are able to pay applicable Fees at the time of signing. You agree that You will tell us promptly if You believe You will be unable to pay Your Membership Fees for an extended period. We may cancel Your Membership if You become bankrupt or insolvent.
11.4. If We cancel Your Membership under clause 11.3 You will be liable for Fees incurred, i.e. Your Membership Fees for the time You were a Member (calculated on a rata basis), the Access Pass Fee and Fees for services already supplied.
12. Fees
12.1. General
12.1.1. The FeesYou have to pay are set out in the Details. Some rights and obligations that apply in relation to particular Fees are set out in this clause.
12.1.2. If You do not make any payment when it is due, Your Membership may be suspended and You could be refused access to the Studio and the Facilities and Services until all outstanding amounts have been paid.
12.1.3. Your Membership may also be terminated if any Fees remain unpaid for an extended period. You will still be liable for all unpaid amounts. A Cancellation Fee may also apply.
12.2. Pro-Rata Fee
12.2.1. If You pay by direct debit and YourStart Date begins after the first day of relevant Direct Debit Payment Period, You will be charged the applicable portion of the Periodic Direct Debit Amount. The same applies if You have a Fixed Term Agreement and the Direct Debit Payment Period ends after the last day of the Agreement.
12.3. Access Pass Fee
12.3.1. This is the Fee charged to buy anAccess Pass. This is refundable once the Access Pass is returned to Us. If You need a replacement Access Pass, Replacement Access PassFee will apply.
12.4. Membership Fees
12.4.1. If this is a Fixed Term Agreement You can pre-pay Your Membership Fees (i.e. pay them up front) when You sign this Agreement, or You can elect to pay by equal periodic instalments.
12.4.2. If this is an Ongoing Agreement, You must pay Membership Fees periodically in advance until YourAgreement ends. 12.5. Cancellation Fees 1
2.5.1. A Cancellation Fee is payable if You want to cancel Your Membership for Your convenience in the Minimum Term. It is an amount equal to 50% of the balance of Your Membership Fees for the remained of the Minimum Term or sum equal to 30 days Membership Fees (whatever is higher).
12.5.2. A Cancellation Fee may (at our reasonable discretion) also be payable by You if Your Membership is ended by us under clause 5.5, clauses 11.1 or clause 12.1 (c).
12.6. If You Do Not Pay a Fee When Due
12.6.1. If You do not pay a Fee or other amount You owe when due, We can suspend Your Membership until all amounts have been paid. This is in addition to our other rights under this Agreement, including those under clause 11.1. Other consequences may also apply with respect to late or rejected direct debit payments (see clause 13.2).
12.6.2. Fees and charges continue to accrue during a suspension under clause 12.7.1.
12.7. Fees Increase 12.7.1. During the Minimum Term:
12.7.1.1. Your Membership Fees will not be increased (except in the case of a Transfer of Membership, clause 12.8); 1
2.7.1.2. Other Fees may, however, be varied. 12.7.2. After the Minimum Term, all Fees may be increased.
12.7.2.1. We will make reasonable efforts to tell You of any Fee changes.
12.7.2.2. If YourFees are varied, You authorise any debits from Your nominated account to also be varied.
12.8. Refunds and the Credit Code
12.8.1. We can deduct all Fees and charges that You must pay under this Agreement from any refund We give You.
13. Direct Debit
13.1. By nominating a credit or debit account, You authorise Us to deduct from that account all Fees and other charges You are responsible for under this Agreement. You must keep Your account details up to date.
13.2. Late or Rejected Direct Debit Payments (also see clause 12.6)
13.2.1. You must ensure there is enough money in Your nominated account on the usual payment; or the next working day if that falls on a day when banks do not process payments.
13.2.2. If there is not enough money in Your nominated account on the usual payment day, or there is another reason Your account was unable to be debited You will be charged the Dishonour Fee.This will be added to Your next debited amount. Prior arrears may also be included.
13.2.3. You authorise Us to deduct any unpaid arrears outstanding on Your account
13.2.4. Your bank or credit provider may charge You a fee for overdrawing Your account if You do not have enough money in Your account when payment is due.
13.2.5. If You terminate the Agreement or stop the automatic debit arrangement in a manner not described in the Agreement, then You may be liable to Us for any unpaid fees, or fees incurred by Us.
14. Changes to Your Agreement
14.1. We may sometimes make changes to this Agreement, including Studio Rules. If We do this, We will try to do this fairly and by giving You a chance to cancel Your Membership if You are adversely affected by the change and do not agree to it. 14.2. We will make reasonable effort to tell You of any change in advance and tell You when it will take effect. Subject to other Terms, the effective date will generally be at least 3 days from the date We tell You about the change unless it is not practical for Us to tell You at this time. Your Membership will be amended from the effective date.
14.3. You cannot cancel under this clause if We have to make the change to comply with a law or a direction of a relevant authority.
15. Exclusion of Our Liability to You
15.1. Nothing in this Agreement excludes, restricts or modifies any terms, conditions, warranties, guarantees, rights or remedies which cannot lawfully be excluded, restricted or modified whether under the ACL or the CCA or at common law.
15.2. Subject to clause 15.1 and unless expressly included in this Agreement, all implied terms, conditions, warranties, guarantees, rights or remedies that can be lawfully excluded are excluded.
15.3. Subject to clause 15.1, We are not liable for death or injury caused by Our negligence or breach of any implied terms at common law. This does not exclude liability for reckless conduct.
16. Loss of Property
16.1. You acknowledge that We accept no responsibility for Your property.
17. Your Responsibility for Damage
17.1. You agree to pay for any loss damage to the Studio or the Facilities and Services caused by You or Your guests through wilful, wrongful or negligent act or breach of this Agreement.
18. Studio Closure
18.1. We may need to close the Studio for a period of time, for example, due to an emergency, or if required by a court order or by law.
18.1.1. We close the Studio for up to 14 days in any 30 day period under clause 18.1 and keep charging Membership Fees. 18.1.2. If We close the Studio between 15 and 30 days under clause 18.1 in any 30 day period, clause 18.3 applies.
18.2. We may also close the Studio for up to 30 consecutive days if it is being refurbished or relocated.
18.3. If We may close the Studio under clause 18.1 or 18.2 We will suspend Your Membership at no cost to You and extend Your Agreement for a time equal to the closed period.
18.4. We will try, but cannot promise We will be able, to tell You about any Studio closures in advance.
19. General Legal Matters
19.1. Unexpected Events
19.1.1. We are not responsible if Members cannot use the Studio because of an event beyond Our reasonable control. If this continues for more than 3 days, then either You or We may cancel this Agreement immediately by written notice. No Fee will apply.
19.2. Severability
19.2.1. If a court decides that any part of this Agreement is or becomes illegal, void or unenforceable, that part is deleted and this does not invalidate the rest of this Agreement,
19.3. Waiver
19.3.1. If We do not enforce Our rights under this Agreement at any time, it does not mean that We may not do so in the future. 19.4. Entire Agreement
19.4.1. You agree that We have not made any representations or promises that You have relied on that are not in this Agreement
19.5. Applicable Law
19.5.1. The law of the State of Victoria applies to this Agreement.