Membership Terms and Conditions
DEFINITIONS. In this Agreement, “Club Owner” means Yungaburra Fitness & Health. “Club” means the club at which the Agreement is signed. “I” and “Member” means the person whose name and signature appears on this document. “Licensor” means the brand owner. Member is responsible for updating address and contact information.COOLING OFF PERIOD. If I wish to cancel this Agreement, I may do so by emailing written notice to the Club. The notice must say that I do not wish to be bound by the Agreement and must be delivered before midnight on the fourteenth day from the Agreement date. The Club will refund anything I have paid, but the refunded amount will be less an amount for the membership I have already used (if any) at the then-current one-day pass rate. This will be calculated on a per-swipe basis. If the amount of use surpasses the initial start up fees, my membership will be terminated immediately, however no refund will be issued. Refunds will be made no later than 14 days after the day on which the Club was informed about my decision to cancel, and the access card returned. The refund will be made using the payment method used for the initial transaction; there are no cash refunds.
MEMBER OBLIGATIONS. This Agreement is a legally binding obligation for which I am financially responsible. If I have a prepaid membership, I acknowledge that the fee paid is not refundable under any circumstances. If I have a term membership, my membership will automatically renew after the term ends and I will continue to be billed according to my regular billing schedule unless I provide notice of cancellation. A term membership has an early cancellation fee. I agree not to conduct any kind of commercial or business activity in the Club and will not act as a personal trainer for anyone within the Club. I understand I am responsible for updating my address and contact information.
CANCELLATION. After my right to cancel period noted earlier (if any), I may cancel my membership by giving notice by filling out a cancellation form at my home club. The notice will be effective on the last day of the month which is at least 30 days from the date of my notice, and I will be required to pay all fees up until that date and any outstanding fees for other services already supplied to me, regardless of whether or not I use the club after the date of my notice. If collection or legal services are needed to collect any unpaid amount, I am responsible for all costs of collection, including solicitor’s fees of Club Owner and/or Licensor. If I die or become totally or permanently disabled, upon reasonable written notice to the Club with proof of the death or disability, either I or my estate may cancel this Agreement and receive a prorated refund of the unused portion of membership fees incurred.
MEMBERSHIP FREEZE. I have the right to freeze my membership for a minimum of one month and up to three months per year, during which time I will not be charged standard membership dues. I must provide written notice at least five days in advance of my next billing cycle. I will incur a processing charge of $5 for each frozen month. For prepaid or term agreements, the membership will be extended for a period equal to the freeze period. A membership cannot be cancelled during a freeze period.
FACILITIES AND SERVICES. The Club reserves the right at any time to delete, discontinue, repair or replace the facility equipment without any effect on this Agreement. The Club may be closed for up to two weeks each year for maintenance purposes.
PRICES. From time to time, and not more than once per year, the Club Owner may need to increase the price of my membership fees. The Club will give at least 30 days’ notice of any incoming price increase, and will make it very clear when the price increase will take effect and how much my membership will cost after the increase. During this period, I will have my usual right to terminate my membership in accordance with the membership terms and conditions. If I do not terminate the membership by the date given to me in the notice then the price of my membership will be increased in accordance with the notice provided.
MINIMUM AGE. All membership holders of the club must be a minimum 18 years of age. All minors under the age of 18 are restricted to access during staffed hours only, and a parent or legal guardian must sign the membership agreement. Minimum age accepted may vary (but is never below the minimum age of 14) and is at the discretion of the club owner.
NO STEROIDS OR DRUGS. I understand that the Club bans the use of steroids and I agree not to use, sell or exchange steroids or drugs, on the Club’s premises.
LIMITATION OF LIABILITY. I agree that, except for any legal responsibility that Club Owner or Licensor cannot exclude in law (such as for death or personal injury), Club Owner and Licensor are not legally responsible for any: (i) losses that (a) were not foreseeable to me and them when the contract was formed or (b) were not caused by any breach on the part of Club Owner or Licensor; (ii) business losses; or (iii) losses to non-consumers.
ACCESS FOB. I understand that only authorised members or guests may access the Club and I am not permitted to share my access fob with anyone else. The access fob has been issued to enable me to securely access the Club in accordance with the terms of my membership. If I lose or misplace the fob, I need to contact the Club to remove the fob immediately. If I require a replacement fob, I understand I will be charged for the replacement fob at the then-current rate.
MISCELLANEOUS. This is the whole Agreement between the parties with respect to the Membership Terms and Conditions and supersedes any prior understandings or agreements of the parties whether written or oral, express or implied. With the exception of pricing changes from time-to-time as noted above, this Agreement may not be amended or modified except in writing signed by both parties.