Click on the link below to join online.
FIND OUT IF YOUR HEALTH COVER WILL GIVE YOU A REBATE!! save $$$
Once you join online You must contact us via email/ messenger to arrange a time to pick up your access card and be shown the initiation process or visit us during staffed hours.
MEMBERSHIP OPTIONS:
We have recently removed some options so we dont have to have a price increase.
STANDARD MEMBERSHIPS
$18 weekly contract for 12 months:
Click on this link for the $18 weekly contract for 12 months minimum term, after that time your payments just roll over weekly to secure your spot and keep you on your current price until your access card comes back to us.
$25 weekly no contract
Click on this link for the $25 weekly no contract (one week minimum term), your payments roll over weekly to secure your spot and keep you on your current price until your access card comes back to us. You can cancel any time after your access card with full name is returned in store.
CANCELATION OF MEMBERSHIPS
Please follow the instructions set out on your copy of the agreement you signed or email us: dansgymoz@yahoo.com
QUERY ABOUT YOUR DIRECT DEBIT?
All direct debits are held with a third party. Keep in mind any cancelations or holds need to be actioned with Dan’s gym Australia prior to you speaking with the direct debit company or it might effect your terms and conditions of your contract.
If your with EZYDEBIT contact 1300 763 256 or https://www.ezidebit.com/en-au
If your with DEBIT SUCCESS contact www.debitsuccess.com.au
or customerservice@debitsuccess.com
TERMS AND CONDITIONS IN FULL
Dans Gym Oz Membership Agreement Terms & Conditions WELCOME TO DANS GYM AUSTRALIA
Unless otherwise agreed and stated in your Membership Form, this is a periodic Membership Agreement. The agreement will continue until either you or we terminate it in accordance with this Membership Agreement. Pursuant to the terms of your Direct Debit Authority, your Membership Fees will continue to be debited from your credit card or account until we cancel the arrangement by notifying the DD Provider following your termination of this Membership Agreement and Access card returned in club or replacement card paid for in full. If you terminate the Direct Debit Authority in a manner not described in this Membership Agreement, you may be liable to us for damages for breach of contract. This agreement is subject to a 7 day Cooling-Off Period in accordance with clause 3.8(a). You understand that you can terminate this agreement in writing without reason within this 7 day period (use of a Cancellation Form in the form of Annexure 1 of this agreement is required), at which time you will be refunded all amounts paid pursuant to this agreement, less administration costs and other fees for any fitness services.
2 Dewer ave Ridgehaven 5097| ABN: 67738435799 | dansgymoz@yahoo.com |dansgym.com.au
Dans Gym Oz Membership Agreement
Agreement and Public Written Summary
MEMBERSHIP AGREEMENT SUMMARY
1- DESCRIPTION OF SERVICES Pursuant to this Membership Agreement, Dans Gym Oz will provide access to our Dans Gym Oz Fitness Facilities for the use by Members, 24 hours a day, 7 days a week depending on your membership option.
2- TERM OF AGREEMENT The Membership Agreement will be for an ongoing period of time until terminated in accordance with the provisions of this Membership Agreement. The Membership Agreement is a Periodic Agreement (rather than a fixed-term agreement basis) but Dans Gym Oz will not enter into a Membership Agreement for a term that exceeds the unexpired period of the longest lease term for the Dans Gym OZ. In this context, a Periodic Agreement means a Membership that has an initial term, continues after the end of the initial term and ends only if and when the Member terminates the Membership Agreement in accordance with the provisions of this Membership Agreement.
3- COOLING-OFF PERIOD The Membership Agreement is subject to a Cooling-Off Period and a Member may end the Membership Agreement at any time within 7 days after the day on which the agreement is signed (or 7 days after the day on which the fitness centre opens if it has not yet opened).
4- MEMBER FEES The total amount of fees and charges payable is broken down as follows: (a) for example $18 weekly Membership Fee charged weekly, fortnightly or monthly (multiplied to suit) or another amount as specified in the Membership Form. This Membership Fee will be payable on an ongoing basis (debited from your account on a basis you choose on the Direct Debit Date) for the duration of your Membership with Dans Gym Oz and relates to the services provided by Dans Gym Oz as set out in the ‘description of services’ above; (b) $50.00 Cooling-Off Administration Fee which reasonably reflects the administration costs incurred by Dans Gym Oz in administering this Membership Agreement in accordance with clause 3.8(a)(iv). This Cooling-Off Administration Fee will be payable (at the absolute discretion of Dans Gym Australia) if a Member terminates their Membership Agreement during the Cooling-Off Period (c) an Unpaid Fee for all fees in relation to the fitness services supplied by Dans Gym Oz under this Membership Agreement that a Member has not paid for at the termination of the Membership Agreement in accordance with clause 3.8 (including, but not limited to, amounts for all debts that the Member owes to Dans Gym Oz, which will continue to accrue until termination). This Unpaid Fee will be payable (at the absolute discretion of Dans Gym Oz) prior to this Membership Agreement being terminated for any reason whatsoever and will be calculated on a case by case basis; (d) $60.00 Replacement Fee in the event we need to replace a Member’s Swipe Card in accordance with clause 5.1(b); (e) $150.00 Additional Person Fee for each additional person granted access to the Dans Gym Oz Facilities by the Member without Dans Gym Oz prior written consent in accordance with clause 5.2(b)(ii); (f) $25.00 Dishonour Fee in the event that a Member dishonours any payment under the Membership Agreement in accordance with clause 6.2(b)(ii); and (g) $1.30 Debit and Credit Card Fee for each payment made by debit and / or credit card in accordance with clause 6.
5- EXCLUSIONS, LIMITATIONS OR RESTRICTIONS This Membership Agreement is subject to, among others, the following key exclusions, limitations or restrictions in relation to the fitness services provided by Dans Gym Oz: (a) access to the Dans Gym Oz Facilities is only provided to Members and you are not permitted to bring Non-Members into any Dans Gym Facility and you accept full responsibility and liability on your behalf and agree to indemnify Dans Gym Oz from and against all claims and liabilities (see clause 5.2 of the Membership Agreement); (b) Members must be at least 14 years of age and if you are under the age of 18 years old you are required to have authorisation from a parent/guardian to become a Member (see clause 3.4 of the Membership Agreement), Members are entitled to suspend their Membership by completing a Suspension Form not less than 30 days prior to the proposed suspension date ( or via email) (see clause 3.6 of the Membership Agreement) (d) Your Membership applies solely to you and may not be sold, transferred to, or used by, any other person (see clause 3.7 of the Membership Agreement); and (e) Members may cancel their membership for medical reasons or other (at the absolute discretion of Dans Gym Oz)(see clause 3.8 of the Membership Agreement).
The above is not an exhaustive list of all exclusions, limitations or restrictions in relation to the fitness services provided by Dans Gym Oz. Dans Gym Australia advises that Members should refer to the full terms and conditions of the Membership Agreement.
1- DEFINITIONS & INTERPRETATION 1.1 Definitions In this Membership Agreement, unless the context requires otherwise: (b) Cancellation Form means the cancellation form you may use to cancel your Membership at Dans Gym Oz in accordance with clause 3.8, the form of which is contained in Annexure 1. (c) Club Rules means any applicable rules regarding conduct and use of the fitness equipment at each Dans Gym Oz Facility as amended from time to time and in accordance with applicable laws and regulations and accessible from dansgym.com.au (d) Commencement Date means the date of this Membership Agreement as stated on the Membership Form. (e) Cooling-Off Period means the period during which you may terminate this Agreement pursuant to clause 3.8(a)(I), and in accordance with the Regulations. (f) Deceptive Practices means deceptive, misleading, false, or unfair advertising or marketing practices. (g) Direct Debit Authority means the direct debit payment method you authorise the DD Provider to establish for the purposes of paying your Membership Fees in accordance with clause 6.2(a). (h) Direct Debit Date means the date our monthly Membership Fees are deducted from your account as specified in your Membership Form. (I) DD Provider means the direct debit service provider used by Dans Gym Oz and stated on the Membership Form and/or Direct Debit Authority. (j) False Representation means any false or misleading representations concerning the Dans Gym Oz fitness services. (k) High-Pressure Selling Techniques means high-pressure selling techniques or harassment in relation to the supply of fitness services by Dans Gym Oz. (l) Home Club means the original Dans Gym Oz Facility at which you signed up your Membership or as otherwise nominated on your Membership Form. (m) Member means an individual holding a Membership with us. (n) Membership means a membership held by a Member to use and access the Dans Gym Oz Facilities on the terms and conditions contained in this Membership Agreement. (o) Membership Agreement or agreement means these terms and conditions which govern your Membership, including your Membership Form which forms part of these terms and conditions (as may be amended from time to time in accordance with any relevant laws or regulations). (p) Membership Fee means the amount stated in the Membership Form, to be debited to your account on a monthly basis on the Direct Debit Date. (q) Membership Form means the form completed by you to sign up to a Membership. (r) Minor means a Member under the age of 18 and includes the parent or guardian of that Member. (s) Non-Member means any person that is not a Member. (t) OIP means a Dans Gym Oz orientation and induction program. (u) Policies means our Privacy Policy, Club Rules (if applicable) and our other policies implemented from time to time and notified to you. (v) Regulations means the Fair Trading (Health and Fitness Industry Code) Regulations 2007 (SA). (w) Dans Gym Oz means Dans Gym Australia a registered business name owned by Daniel Adam Lester (sole trader) (ABN 67738435799) and a reference to “we”, “us” or “our”, where the context permits, means Dans Gym OZ. Dans Gym Australia business address is 2 Dewer Avenue Ridgehaven 5097 and its email address is dansgymoz@yahoo.com. (x) Dans Gym Oz Facility means each Dans Gym Oz Facility as may be varied from time to time and provided at the following link https://dansgym.com.au. (y) Staffed Hours means the following staffed hours of the Dans Gym Oz Facilities (the staffed hours are subject to change and will be notified at each Dans Gym Oz Facility (z) Suspension Form means the suspension form you must complete in order to suspend your Membership at Dans Gym Oz in accordance with clause 3.6, the form of which is contained in Annexure 2. (aa) Swipe Card means the electronic card used to access the Dans Gym Oz Facility. (bb) Termination Date means the date you terminate your Membership in accordance with this Membership Agreement. 1.2 Interpretation In this Membership Agreement, unless expressed to the contrary: (a) headings and bolding are for convenience only and do not affect the interpretation of this Membership Agreement; (b) the singular includes the plural and vice versa; (c) if a word or phrase is defined, cognate words and phrases have corresponding definitions; (d) a reference to: (I) “you” refers to the person entering into this Membership Agreement; (ii) a clause or sub-clause refers to a clause or sub-clause of this Membership Agreement; (iii) a person includes a firm, unincorporated association, corporation, partnership or a government or statutory body or authority; (iv) a person includes its legal personal representatives, successors and assigns; (v) a party includes that party, its successors, permitted assigns, receivers, administrators, executors, substitutes and liquidators; (vi) any document includes a reference to that document as amended, rectified or replaced from time to time and to any document so amending, rectifying or replacing the document; and (vii) a statute, ordinance, code or other law includes regulations and other statutory instruments under it and consolidations, amendments, re-enactments or replacements of any of them; (e) the meaning of a general word or phrase is not limited by specific examples introduced by “including”, “for example” or similar expressions.
2- TERMS & CONDITIONS OF MEMBERSHIP (a) Your Membership at Dans Gym Oz is governed by this Membership Agreement. This Membership Agreement sets out the rights and obligations of Dans Gym Oz and the member in relation to the Membership. (b) By signing this agreement, you acknowledge that you have received and read a copy of any Club Rules and accept and agree to comply with the terms of our Membership Agreement and Policies. (c) Unless otherwise stated on your Membership Form, the term of your Membership is for an indefinite period commencing on the Commencement Date and ending on the Termination Date. (d) We may change any provisions of this Membership Agreement from time to time with immediate effect, and you agree that such notice may be given by email to the email address provided by you to Dans Gym Australia or in any other manner Dans Gym Australia deems appropriate. If you do not agree to the new provisions, you may terminate this agreement in accordance with clause 3.8(c). (e) In the event of any conflict or inconsistency between this Membership Agreement, the Membership Form or any Policies, the documents will take priority in the order listed in this clause 2(e). (f) A Non-Member acknowledges and agrees that it has received and read a copy of this Membership Agreement and any proposed third-party agreements (if applicable) prior to entry into this Membership Agreement. (g) Once a Member enters into this Membership Agreement, Dans Gym Oz will provide a copy of the Member’s Membership Agreement (or the accompanying Membership Form) and any signed third party agreement (if applicable) that the Member has entered into within a reasonable timeframe upon receipt of a written request for this specific documentation from that Member.
3- MEMBERSHIP During the term of your Membership, you are entitled to access the gym and use the fitness equipment at any Dans Gym Oz Facility during Staffed Hours, and outside Staffed Hours in accordance with clause 5.4 (subject to clause 3.4). This is a periodic Membership Agreement which will continue until either you or we terminate it in accordance with this Membership Agreement.
The initial term of the Membership Agreement is ongoing unless Dans Gym Oz provides two months’ notice of the end of the initial term, which will be provided where the unexpired period of the longest lease term of the various Dans Gym Oz Facilities (as may change from time to time upon entry into new or renewed leases by Dans Gym Australia) is concluding at the end of the two months’ notice period or otherwise at the absolute discretion of Dans Gym Oz. 3.1 Member Acknowledgement You acknowledge that: (a) your access to Dans Gym Oz Facility including the gym and the fitness equipment is not exclusive and must be shared with other Members; (b) we do not give any representations or guarantees that you will have access to any particular fitness equipment at any given time; (c) we purchase or lease the fitness equipment from a third party and do not manufacture any of the fitness equipment or other equipment used in the Dans Gym Oz Facilities and accordingly do not give any warranties regarding the equipment that would usually be given by a manufacturer; (d) the Staffed Hours are subject to change without notice; (e) we may operate as an unstaffed facility at certain times. You are permitted to access and use the Dans Gym Oz Facilities outside of Staffed Hours only in accordance with clause 5.4; and (f) your Membership does not include access to personal trainers. Services of personal trainers can be obtained via separate contracts with our personal trainers. Any fees payable for these services will be in addition to your Membership Fees and will be payable directly to the personal trainers. You acknowledge and confirm the release given in clause 10(e) regarding the use of personal trainers. 3.2 Member Information Obligation (a) You warrant and represent to us that all information you have provided in your Membership Form is true, accurate and complete in all respects and is not misleading or deceptive in any way. (b) You agree to notify us of any changes to the details provided in your Membership Form as and when they occur. 3.3 Member’s Physical Condition You warrant that (a) you are in good physical condition and have considered any necessary medical advice prior to embarking on a fitness program or exercise routine; (b) if you are suffering from an illness, injury or long-term medical condition, or if you have not visited a fitness facility or gym in excess of 6 months as a result of an illness or injury, you will provide a medical certificate from your doctor permitting use of a fitness facility; and (c) it is your responsibility not to use any equipment that may have an adverse effect on any medical or physical condition you may have. You acknowledge that we do not provide medical advice in any way in connection with your use of the Dans Gym Oz Facility. By signing this Membership Agreement, you acknowledge and represent that to the best of your knowledge, you do not have any medical, physical or other disability or condition which may be affected or aggravated by, or which may result in any sickness, injury or death to you as a result of your use of a Dans Gym Oz Facility. 3.4 Minimum Age Members must be at least 14 years of age. If you are under the age of 18 years old you are required to have authorisation from a parent/guardian to become a Member and your parent/guardian will be held responsible for your Membership Agreement. Minors are governed by all terms and conditions of this Membership Agreement and additionally are subject to the following rules and restrictions: (a) Minors aged 14 – 15 years of age (inclusive) may only use the Dans Gym Oz Facilities during Staffed Hours and must be fully supervised by a parent/guardian or personal trainer. This supervision must be organised by the parent/guardian and is not the responsibility of Dans Gym Oz. (b) Minors aged 16 – 17 years (inclusive) are permitted to access the Dans Gym Oz Facilities outside of Staffed Hours where the facility has 24/7 access. 3.5 Orientation & Induction Program (a) It is a condition of Membership at Dans Gym Oz that you complete an OIP prior to commencing your first exercise session. (b) The OIP focusses on, but is not limited to, access, layout, facilities and amenities, entry and exit areas and emergency procedures. (c) The OIP will be undertaken at a time convenient to Dans Gym Oz staff. You are responsible for arranging a suitable time with Dans Gym Oz staff to undertake your OIP prior to your first exercise session. (d) You accept, acknowledge and agree that each Dans Gym Oz Facility may have different equipment, layout and procedures and it is your responsibility to seek assistance and familiarise yourself with each Dans Gym Oz Facility you use. (e) We have the right to suspend or terminate your Membership if we are satisfied that the OIP has not been completed to a satisfactory standard prior to commencement of your use of the Dans Gym Oz Facilities. 3.6 Suspending of Membership (a) you are entitled to suspend your Membership by completing a Suspension Form not less than 30 days prior to the proposed suspension date. (b) Membership suspensions are subject to the following conditions: (I) you are entitled to suspend your Membership for up to 3 months at any one time; and (ii) your Membership suspension will cease on the date indicated in your Suspension Form, subject to the time limit conditions contained in sub-clause 3.6(b)(I) above. (c) During the suspension period you will not be charged a Membership Fee and the Dans Gym Oz Facilities will not be available for your use. Your Membership Fees will be charged on a pro-rata basis in accordance with clause 6 from the Direct Debit Date immediately prior to the recommencement of your Membership after completion of the suspension period. (d) Following completion of the suspension period you will be entitled to access the Dans Gym Oz Facilities as a Member in accordance with clause 5 and: (I) (recurring Members) if you pay your Membership Fee on a recurring basis pursuant to clause 6.1, we will resume charging your Membership Fee; and (ii) (advance payment Members) if you have paid your Membership Fee in advance pursuant to clause 6.3, we will extend the date your advance payment period ceases by the duration of the suspension period. 3.7 Transfer of Membership Your Membership applies solely to you and may not be sold, transferred to, or used by, any other person. 3.8 Cancellation of Membership (a) Cooling Off Period (I) This Membership Agreement is subject to a Cooling-Off Period of 7 days which starts on the day when the Membership Agreement is signed and ends: (A) 7 days after the day on which your Home Club opens if your Membership Agreement relates to a Dans Gym Oz Facility that is yet to open for trading to Members; or (B) otherwise, 7 days after the day from when the Membership Agreement is signed. (ii) This Cooling-Off Period applies to new Memberships only and excludes renewals, renewals of cancelled memberships or additional Memberships. (iii) To terminate your Membership during the Cooling-Off Period you must do so in writing, and where practicable complete a Cancellation Form, within the timeframe specified in 3.8(a)(I) and deliver the Cancellation Form in person at a Dans Gym Oz Facility during staffed hours, along with proof of your identity. If you are unable to attend a Dans Gym Oz Facility in person, you may email the Cancellation Form to us from the email address provided on your Membership Form along with proof of your identity or if we are unstaffed you can place the access card with your full name and cancelation request in one of the drop boxes in any Dans Gym Oz facility (iv) If you terminate your Membership during the Cooling-Off Period we will refund all monies (if any) paid by you prior to termination, and Dans Gym Oz reserves the right to charge a Cooling Off Administration Fee that reasonably reflects the administration costs incurred by Dans Gym Oz in administering this Membership Agreement that may be charged in our discretion in accordance with the Regulations and/or an Unpaid Fee in relation to the Membership Agreement. (v) The termination will take effect immediately if it occurs in accordance with this clause 3.8(a). (b) Permanent Sickness or Physical Incapacity If you suffer a permanent sickness or physical incapacity preventing you from using the Dans Gym Oz Facilities you may request immediate cancellation of your Membership by completing a Cancellation Form and providing a medical certificate from a qualified medical practitioner stating that you cannot use the fitness services supplied by Dans Gym Oz under this Membership Agreement because of your permanent sickness or physical incapacity. The Cancellation Form/ medical certificate and access card must, where practicable, be delivered in person at a Dans Gym Oz Facility, along with proof of your identity. If you are unable to attend a Dans Gym Oz Facility in person, you may email the Cancellation Form to us from the email address provided on your Membership Form along with proof of your identity. Upon receiving the Cancellation Form/ access card and medical certificate, we will cancel your Direct Debit Authority and refund any payments (if applicable) made in advance from the date we received the Cancellation Form on a pro-rata basis on any outstanding pre-paid period within 7 days after the day on which termination takes effect (noting that termination may occur at any time within 30 days of receipt of the Cancellation Form as determined by Dans Gym Oz at its complete discretion). Dans Gym Oz reserves the right to charge an Unpaid Fee in relation to the Membership Agreement. (c) Cancellation Due to Other Reasons Cancellation of your Membership for reasons other than those described in clauses 3.8(a) and 3.8(b) is subject to the following conditions: (I) you may terminate this Membership Agreement by completing the Cancellation Form and, where practicable, delivering the Cancellation Form in person at a Dans Gym Oz Facility, along with proof of your identity. If you are unable to attend a Dans Gym Oz Facility in person, you may email the Cancellation Form to us from the email address provided on your Membership Form along with proof of your identity. We will respond to the termination request within 7 days and confirm the amount of the last payment under the Membership Agreement and the date that the termination takes effect; (ii) your Membership will be cancelled from the next Direct Debit period that commences 2 weeks or later after the date you provide a signed Cancellation Form and access card to a Dans Gym Oz staff member in accordance with clause 3.8(c)(I), or from the next Direct Debit period that commences 2 weeks or later after the date a Dans Gym Oz Facility receives your Cancellation Form where sent via email. We are not responsible for lost Cancellation Forms; (iii) your Membership Fees will be due and payable throughout the notice period (in addition to any outstanding Membership Fees and Unpaid Fees that you owe to Dans Gym Oz);(iv) you will have the same access rights to Dans Gym Oz Facilities under this Membership Agreement for the full notice period; (v) Dans Gym Oz will cease any deductions under the Membership Agreement upon receipt of the last payment due under this Membership Agreement as specified by Dans Gym Oz in accordance with clause 6.3(c); and (vi) Dans Gym Oz must treat a notice of termination by the Member as a notice of any third party agreement and, on receipt of the last payment due by the Member under the Membership Agreement, will immediately instruct any third party (if applicable) to cease deductions under any third party agreement. This provision does not cancel vitiate the Members obligations under clause 6.2. If your Membership Agreement is cancelled in accordance with this clause 3.8(c), Dans Gym Oz reserves the right to charge the Member an Unpaid Fee (which, for the sake of clarity, may include all debts that the Member owes to Dans gym Oz, which will continue to accrue until termination), in relation to the Membership Agreement. If you have paid in advance under clause 6.3 you may not cancel your Membership under this clause 3.8(c). (d) Cancellation and Restriction of Membership by Dans Gym Oz (I) We reserve the right to terminate your Membership at any time upon 30 days’ written notice, or immediately if we determine in our absolute discretion that: (A) you have not complied with clauses 5 or 6 of this Membership Agreement; (B) we reasonably suspect you have engaged in any illegal activity at a Dans Gym Oz Facility; (C) we have formed a genuine concern for your health and/or safety based on reasonable grounds; or (D) you are in breach of any part of this Membership Agreement. (ii) If we cancel your Membership pursuant to this clause 3.8(d); (A) (recurring Members) if you pay your Membership Fee on a recurring basis pursuant to clause 6.1, your Membership Fees will be due and payable until the next Direct Debit Date; (B) (advance payment Members) if you have paid your Membership Fee in advance pursuant to clause 6.3, we will refund your Membership Fee on a pro-rata basis on any outstanding pre-paid period within 7 days after the day on which termination takes effect; and (C) (5-Week Members) if you are a Member who has paid their Membership Fee in advance, you will not be entitled to any refund. (iii) Notwithstanding any provision in clause 3.8(d)(iii), if we cancel your Membership pursuant to this clause 3.8(d), Dans Gym Oz reserves the right to charge the member an Unpaid Fee in relation to the Membership Agreement (which, for the sake of clarity, includes may include all debts that the Member owes to Dans Gym Oz, which will continue to accrue until termination). (iv) You will cease to have any access to any Dans Gym Oz Facility from the date we cancel your Membership in accordance with this clause. (e) Member may be liable for breach of contract A Member may be liable for damages for breach of contract if the Member terminates this Membership Agreement in a manner not described in this Membership. 3.9 Novation We reserve the right to transfer, assign, sell or novate your Membership, including this Membership Agreement, to another gym service provider where the gym facilities provided by the new owner of your Membership are: (a) on the same or substantially similar terms to your existing Membership under this Membership Agreement; and (b) are within a 6km radius of your Home Club.
4- 52 WEEK MEMBERSHIP If you have agreed to a upfront Membership in your Membership Form, all terms and conditions contained in the Membership Agreement apply to you, except for the following: (a) your Membership Fee must be paid in full and up-front, in person at a Dans Gym Oz Facility through our point of sale system; (b) your upfront Membership fee is non-refundable, subject to the Cooling-Off Period, and the conditions provided in clause 3.8(d)(ii)(C); and (c) your Membership ceases on the date that is 52 weeks following the Commencement Date. If you wish to continue your Membership following cessation of your 52 Week upfront Membership you will need to re-apply for Membership in accordance with this Membership Agreement. In the event of any inconsistency between the terms of this clause 4 and any other provisions of this Membership Agreement, the terms of this clause will prevail to the extent of any inconsistency if you hold a 52-Week Membership with us.
5- ACCESS AND CONDITIONS OF ENTRY 5.1 Access (a) We agree to provide a Swipe Card system for entry and exit to the Dans Gym Oz Facility and you agree that: (I) you must use your own Swipe Card to enter and exit a Revo Fitness Facility; and (ii) your Swipe Card is non-transferrable and may not be used by any other person at any time, except in an emergency situation. (b) Swipe Cards are provided to you on sign up at no cost upon becoming a Member. If you have your Swipe Card is lost or stolen, you must report this to your Home Club immediately upon it coming to your attention. A Replacement Fee will be charged to you in the event we need to replace your Swipe Card of $50. (c) Any misuse of the Swipe Card system may result in us suspending, cancelling or terminating your Membership in accordance with clause 3.8(d). 5.2 Access by Non-Members (a) Access to the Dans Gym Oz Facilities is only provided to Members and you are not permitted to bring Non-Members into any Dans Gym Oz Facility. (b) If we determine you have breached clause 5.2(a); (I) you accept full responsibility and liability on your behalf and agree to indemnify, hold harmless and release Dans Gym Oz from and against all claims, liabilities, injury, illness, loss or damage attributed to the Non-Member or the Non-Member’s access, whether or not caused by any negligence of Dans Gym Oz; (ii) you agree to pay to Dans Gym Oz an Additional Person Fee for each day, and for each person, granted access to the Dans Gym Oz Facilities by you, it being agreed that this amount represents a genuine pre-estimate of the loss suffered by Dans Gym Oz due to the breach of your obligations in this clause 5.2(a); and (iii) we reserve the right to terminate your Membership in accordance with clause 3.8(d) if you breach this clause 5.2. 5.3 General Conditions of Entry (a) Dress Code (I) You must wear appropriate clothing while using the Dans Gym Oz Facilities, in the discretion of the Dans Gym Oz staff. Work clothes, boots and casual clothes that are not sportwear are not permitted. (ii) You must wear appropriate enclosed sport shoes at all times while using the equipment or fitness area. (iii) If you do not wear appropriate clothing or shoes, we may ask you to leave the Dans Gym Oz Facilities. (b) Use of equipment and facilities (I) You must complete an OIP in accordance with clause 3.5 prior to undertaking your first exercise session or using any equipment at a Dans Gym Oz Facility. (ii) You must at all times follow the safe operating procedures and instructions on the equipment and/or as directed by Dans Gym staff. (iii) You must only use the equipment for its intended purpose/s. (iv) If you cause any damage to the gym, the fitness equipment or any item of property at a Dans Gym Oz Facility, you must notify us immediately and we are entitled, at our discretion, to charge you for the costs of repairing the damaged items or, if repair is not possible, replacement of the damaged items. (c) Refusal of Entry You may be refused entry or asked to leave if you: (I) act or engage in any activity which could cause damage to the gym, the fitness equipment or any item of property at a Dans Gym Oz Facility; (ii) do not follow any instruction or direction given to you by Dans Gym Oz staff concerning use of the equipment or personal conduct; (iii) act or engage in any activity which causes or threatens harm against Dans Gym Oz staff or other Members; (iv) act or engage in any activity which constitutes sexual harassment against Dans Gym Oz staff or other Members; (v) are under the influence of, or suspected to be under the influence of, any intoxicating substance or illicit substance while at any Dans Gym Oz Facility; and/or (vi) consume, or are in possession of, any intoxicating substance or illicit substance while at any Dans Gym Oz Facility. 5.4 24 Hour Operation If you attend a Dans Gym Oz Facility offering 24-hour operation, and you use a Dans Gym Oz Facility outside of Staffed Hours, you accept and acknowledge that: (a) you will not allow any Non-Members into the Dans Gym Oz Facility pursuant to clause 5.2 of this Membership Agreement; and (b) you will not inappropriately use the emergency system. You accept and agree to indemnify us for all costs associated with deliberately using the emergency system in an inappropriate manner. 5.5 Safety, Maintenance and Changes to Operations We will at times be required to make changes to our operations and the operations of our Dans Gym Oz Facilities for the purposes of safety, maintenance and service demand. This may include: (a) closing part or all of a Dans Gym Oz Facility due to safety or maintenance requirements; (b) closing off part of the Dans Gym Oz Facility and equipment areas dues to safety of maintenance requirements; or (c) changing operating hours to suit demand. Where this occurs, we will endeavour to provide you with adequate and reasonable advance notice.
6- PAYMENT 6.1 Payment (a) You agree to, and must pay, the Membership Fees and other applicable fees in the amounts and frequency set out in your Membership Form: (I) by using the DD Provider Direct Debit Authority payment method pursuant to clause 6.2, or (ii) with our approval, by payment in advance pursuant to clause 6.3. (b) You acknowledge that at any time, we may change the DD Provider. You acknowledge, agree and consent to Dans Gym Oz assigning or novating all existing payment agreements to a new payment provider and providing your personal information, including but not limited to your payment details, to the new payment provider in accordance with this Membership Agreement and our Privacy Policy which is available on our website. (c) Dans Gym Oz will not charge a Member a fee unless it has been disclosed to the Member in the Agreement Summary to this Membership Agreement and the fee may be charged under the Regulations. 6.2 DD Provider (a) Your Obligations (I) Unless you pay the Membership Fee in advance pursuant to clause 6.3, you must sign a Direct Debit Authority with the DD Provider in favour of Dans Gym Oz which enables direct debit payments from an approved credit card or bank account in the amounts and frequency set out in your Membership Form. The Direct Debit Authority will set out any amounts payable by a Member to the DD Provider on top of any fees contemplated under this Membership Agreement. (ii) You must ensure that your nominated credit card or bank account is able to accept direct debits and have sufficient funds available to pay the Membership Fees and any other applicable fees on each applicable Direct Debit Date. (iii) You acknowledge that the contract that you enter into with the DD Provider (or such other direct debit service provider in accordance with clause 6.1(b) as applicable) is a separate contract to this Membership Agreement and that any problems or issues that you have with the Direct Debit Authority should be raised directly with DD Provider. The DD Provider contract can be accessed electronically on the Dans Gym Oz website during the sign-up process. (iv) You must keep the Direct Debit Authority in place until 30 days after you have given us written notice to terminate your Membership pursuant to clause 3.8(c). (v) You acknowledge that we will continue to debit Membership Fees under the Direct Debit Authority until you or we cancel your Membership (and any Membership Fees and/or Unpaid Fees will continue to be owing regardless of your use of the fitness services and access card returned). (vi) It is your responsibility to ensure the Direct Debit Authority is cancelled upon termination or expiry of your Membership. (b) Dishonoured Payments (I) We will endeavour to notify you of any dishonoured or overdue payments by informing you via the contact information provided by you in your Membership Form or pursuant to clause 3.2. (ii) A Dishonour Fee will be charged to you in the event a payment is dishonoured. (iii) The rejected payment and Dishonour Fee remains due and payable by you and, if not settled within 2 days in person at your Home Club, will be redebited to your account, until such time as any outstanding fees are paid. (iv) Additional fees and charges may be incurred by you for any dishonoured payments by DD Provider or your financial institution pursuant to your agreements with them. (v) Your Membership and access to the Dans Gym Oz Facilities will be suspended until such time as any outstanding fees are paid. (vi) If you fail to pay any amounts owing under this Membership Agreement on the due date for payment and this amount remains outstanding for more than 14 days, we will be entitled to contact a debt collection agency to collect the funds owing. 6.3 Payment in Advance You may request to pay your Membership Fees in advance. We, at our sole discretion, reserve the right to accept or deny your request. If we accept your request for advance payment, the following conditions apply (a) you must provide full payment of one (1) year of Membership Fees, it being acknowledged that we are not permitted to accept prepayment of Membership Fees for a period greater than 12 months; (b) you are entitled to a Cooling-Off Period in accordance with clause 3.8(a) (where you are a new Member who has never previously held a Membership with us); (c) your advance payment will be refunded only if required by applicable laws or regulations; and (d) your Membership will automatically terminate after the agreed advance payment period ceases unless otherwise agreed by Dans Gym Oz. 6.4 Change of Payment Details (a) If you close the credit card account or bank account which is subject to the Direct Debit Authority, it is your responsibility to provide the DD Provider with a replacement Direct Debit Authority over another approved credit card or bank account prior to the next applicable Direct Debit Date. (b) Failure to provide a replacement Direct Debit Authority will constitute a breach of this Membership Agreement, the provisions of clause 3.8(d) will apply, and you will be liable to us for any unpaid fees, or fees we incur in connection with such breach. 6.5 Increased Charges (a) We reserve the right to increase your Membership Fees at any time. We agree to provide you with two (2) weeks written notice of the changes either in person at a Dans Gym Oz Facility, or via email. (b) Any changes to your Membership Fees will be effective 30 days from the date we provide notice under clause 6.5(a). After this period, you authorise us and the DD Provider to debit the new Membership Fee amount from your account. If you do not agree to the new Membership Fees, you may terminate this Membership Agreement in accordance with clause 3.8(c).
7- DANS GYM OZ GENERAL RULES OF CONDUCT 7.1 High Pressure Selling Techniques Dans Gym Oz will: (a) not engage in High-Pressure Selling Techniques; and (b) take reasonable steps to ensure Dans Gym Oz staff do not engage in High-Pressure Selling Techniques. 7.2 Deceptive Practices and False Representations Without limiting the Australian Consumer Law (WA), Dans Gym Oz must: (a) not use any Deceptive Practices; (b) not make any False Representation. (c) take reasonable steps to ensure that Dans Gym Oz employee’s do not use Deceptive Practices; and (d) ensure that sufficient information is available to enable a Member to make an informed decision in relation to the supply of fitness services by Dans Gym Oz.
8- PRIVACY 8.1 Personal Information In this clause 8.1, a word or expression defined in the Privacy Act 1988 (Cth) which is not otherwise defined in this Membership Agreement has the meaning given to it in that Act. (a) Dans Gym Oz must not use or disclose to another person (and must take reasonable steps to ensure that Dans Gym Oz employees do not use or disclose to another person) personal information about a Member obtained through Dans Gym Oz business of supplying a fitness service to the Member unless authorised in writing by the Member or authorised or required under a written law. (b) You acknowledge that during the process of entering into a Membership Agreement with us, we will obtain access to your personal information. You authorise Dans Gym Oz to use and disclose your personal information for the purposes of giving effect to the fitness services contemplated by this Membership Agreement and in accordance with our Privacy Policy (subject to any applicable privacy law). (c) You acknowledge that in entering into the Direct Debit Authority agreement with DD Provider in accordance with clause 6.2 (or any other direct debit service provider as applicable) you agree to provide DD Provider with your personal information which will be handled in accordance with the Privacy Policy of DD Provider. 8.2 Surveillance For safety and security reasons we implement video and audio surveillance to monitor Dans Gym Oz Facilities. Surveillance is limited to the Dans Gym Oz Facility entry and floor areas only. By signing this Membership Agreement, you acknowledge that when accessing a Dans Gym Oz Facility you will be subject to video and audio surveillance and consent to such surveillance being taken and held by Dans Gym Oz.
9- LIABILITY OF PROPERTY (a) We will not be liable for any loss, theft or damage occurring to your personal items. Any personal items left or stored at Dans Gym Oz Facilities are left or stored at your own risk. (b) Vehicles parked in or around the vicinity of our Dans Gym OZ Facilities are parked at your own risk and we will not be liable for the theft or any damage occurring to vehicles or their contents.
10- RELEASE AND INDEMNITY (a) You acknowledge and accept that while on the premises of any Dans Gym Oz Facility and while undertaking exercise and using the equipment, you are at risk of sustaining injury, permanent disability or death. Such risks may arise from: (I) slipping on wet flooring; (ii) being struck by weights; (iii) colliding with equipment, or other Members; (iv) engaging in strenuous exercise and activities; and/or (v) incorrect use of equipment or the Dans Gym Oz Facilities. (b) You acknowledge that any such injury may result not only from your actions but from the action, omission or negligence of others. (c) You acknowledge and agree that the risks contained in clause 10(a) are not exhaustive, and there are other unknown or anticipated risks from your use of the Dans Gym Oz Facilities that may result in injury, permanent disability or death. (d) You acknowledge that while every attempt is made to ensure that our Dans Gym Oz Facilities are safe, there are some significant and inherent risks involved in your use of the Dans Gym Oz Facilities. You assume all such risks, and agree that you are attending and using the Dans Gym Oz Facilities voluntarily and entirely at your own risk. (e) You acknowledge that we are not liable to you for any injuries sustained while you are under the supervision of a personal trainer who is not an employee of Dans gym Oz. If you engage your own private personal trainer, any liability for injuries sustained under the supervision of that personal trainer remains with that personal trainer and not Dans gym Oz. (f) You agree to indemnify, hold harmless, and release Dans Gym Oz and all employees, volunteers, agents and officers thereof from and against all claims, liabilities, injury, loss or damage you may suffer or incur, including to a third party (including any minor or other person for whom you are responsible), arising from or connected in any way with your participation or attendance at or near any Dans Gym Oz Facility. Further, you agree not to bring or assert or allow to be brought or asserted any claim, demand, cause of action, proceeding, action or the like against Dans Gym Oz or any employee, volunteer, agent or officer thereof in contravention of this clause. (g) This clause 10 survives termination of the Membership Agreement.
11- COMPLAINTS If you have any complaints regarding our service or any other issue regarding a Dans Gym Oz Facility you must complete a complaint form obtainable from Dans Gym Oz staff at any Dans Gym Oz Facility (or an electronic copy obtainable from Dans Gym Oz by providing written request to Dans Gym Oz to receive such a complaint form). We will: (a) make a record of your complaint and inform you that we have received and recorded your complaint as soon as reasonably practicable after receiving a complaint; and (b) undertake every reasonable effort to resolve your complaint quickly and fairly.
12- REGULATIONS The Regulations apply to this Membership Agreement and Dans Gym Oz will provide any document or information required to be provided by Dans Gym Oz or available under the Regulations (including a copy of the Regulations themselves) to a Member free of charge in electronic form and/or in paper form on written request from the Member to provide any such document or information.
13- GOVERNING LAW This Membership Agreement is governed by and construed in accordance with the laws of the State of South Australia and the parties agree to submit to the non-exclusive jurisdiction of its courts.
14- SEVERABILITY Any term or any part of this Membership Agreement that is or becomes illegal, void or unenforceable may be severed from this Membership Agreement and the remaining terms or parts of the terms of this Membership Agreement continue in force.
15- ENTIRE AGREEMENT The terms of this Membership Agreement constitute the entire agreement between the parties.
2 Dewer ave Ridgehaven 5097| ABN: 67738435799 | dansgymoz@yahoo.com |dansgym.com.au
Annexure 1 – Cancellation Form
CANCELLATION FORM
CANCELLATION REASON □ 7 day cooling off period □ Permanent sickness/disability □ Other (Why are you cancelling?) □ Moving Area □ Requires Classes □ Not Satisfied □ Motivation □ Changing Gym □ Not Using Facility □ Financial □ Holiday
Completing this Cancellation Form entitles you to cancel your Membership in accordance with clause 3.8 of the Membership Agreement. You are entitled to cancel your Membership by completing this form: (a) within the 7 day Cooling-Off Period pursuant to clause 3.8(a); (b) at any time if you have suffered a permanent sickness or physical incapacity pursuant to clause 3.8(b); or (c) following the completion of the notice period pursuant to clause 3.8(c).
If you are cancelling your Membership on the basis of the Cooling-Off Period, or due to medical reasons, your Membership will terminate immediately and you will no longer be entitled to use the Dans Gym Oz Facilities. If you are cancelling your Membership by providing written notice, your Membership will remain active for that notice period and you will be entitled to full use of the Dans Gym Oz Facilities during that time. Cancellation of your Membership is subject to the terms and conditions contained in the Membership Agreement. In the event of any inconsistency between the terms of the Membership Agreement and the contents of this form, the terms of the Membership Agreement prevail to the extent of any inconsistency.
CONFIRMATION OF CANCELLATION MEMBER SIGNATURE:
PERSONAL DETAILS
First Name: Last Name: Date of Birth:
Address: Suburb: Postcode:
Mobile No.: Email:
Home Club: Date Signed:
2 Dewer ave Ridgehaven 5097| ABN: 67738435799 | dansgymoz@yahoo.com |dansgym.com.au
Annexure 2 – Suspension Form
SUSPENSION FORM PERSONAL DETAILS SUSPENSION DATES
Start Date: End Date:
PLEASE NOTE: The suspension end date is when your Membership will be reactivated, giving you access to all Dans Gym Oz Facilities. This also reactivates your direct debiting arrangement in accordance with the Membership Agreement.
CONFIRMATION OF SUSPENSION MEMBER SIGNATURE:
Date Signed:
Completing this Suspension Form entitles you to suspend your Membership in accordance with clause 3.6 of the Membership Agreement. You may suspend your Membership by completing this form not less than 30 days prior to your proposed suspension date. You may suspend for up to 3 months per one calendar year at any one time, in accordance with clause 3.6(b) of the Membership Agreement. During the suspension period you will not be charged a Membership Fee and you will not be entitled to access the Dans Gym Oz Facilities. Use of the Dans Gym Oz Facilities during the suspension period constitutes a breach of your Membership Agreement. Following completion of the suspension period you will regain access to the Dans Gym Oz Facilities and payment of your Membership Fees will resume as normal. Suspension of your Membership is subject to the terms and conditions contained in the Membership Agreement. In the event of any inconsistency between the terms of the Membership Agreement and the contents of this form, the terms of the Membership Agreement prevail to the extent of any inconsistency.
OFFICE USE ONLY
Pro Rata Amount: ______________________ Date of Pro Rata Payment: _______________ Suspension End Date: ___________________ Next Debit Date: _______________________ Actioning Manager: ____________________
Manager Signature: _________________________________
Date Signed: _______________________
2 Dewer ave Ridgehaven 5097| ABN: 67738435799 | dansgymoz@yahoo.com |dansgym.com.au