MEMBERSHIP TERMS AND CONDITIONS
MEMBERS INDUCTION: I understand that an initial introduction to the club facilities are a requirement prior to using the clubs facilities.
MEMBER’S RIGHT TO CANCEL. I may cancel my membership without penalty by delivering or mailing written notice to my Home Club before midnight of the third business day after I signed this agreement. The Club will return any payments I made within 10 days of receiving my cancellation. All refunds will be by credit or direct deposit into nominated account—there are no cash refunds. After the member’s right to cancel period noted above, I may cancel my membership with one months notice in writing to my home club. I must pay as stated above even if I do not use the club after providing my notice of cancellation. If collection or legal services are needed to collect the unpaid amount, I am responsible for all costs of collection, including solicitors’ fees of Green Zone Fitness, Memberships are NOT transferable or assignable to another individual.
MONTH-TO-MONTH MEMBERSHIP. This agreement is a legally binding obligation for which I am financially responsible. I agree if I fail to pay when a payment is due that I must immediately pay the entire amount owing. This is an ongoing membership agreement.
PRE-PAID MEMBERSHIP. There are no refunds on the unused portion of any prepaid memberships, prepaid personal training packs and Access Cards.
MEMBERSHIP FREEZE. I have the right to freeze my membership for up to three months annually, during which time I will be charged $5 per fortnight instead of my standard membership fees. I understand that if I elect to freeze my membership I cannot cancel my membership during the “freeze” period.
TERMINATION FOR CAUSE BY CLUB OWNER. Club Owner may, at its option, terminate my membership if (1) I fail to make payments or any payments or fees are late, (2) the monthly EFT payments or membership fees are interrupted or discontinued for any reason and I or my cosigner do not provide an acceptable alternative, (3) I fail to follow any membership policies or club rules or violate any part of this agreement, or (4) my conduct is improper and harmful to the best interest of the Club or its members or (5) I fail to provide doctor’s approval for exercising if so requested. Termination is effective on the date a written notice to my last known address. I am liable for all financial obligations until that date. Club Owner also reserves the right to terminate my membership for any reason not stated above and if not prohibited by law. If my membership is terminated, I will receive a termination notice and a refund of any unused prepaid membership fees.
PHYSICAL CONDITION AND NO MEDICAL ADVICE. I represent that I am in good physical condition and have no medical reason or impairment that might prevent me from my intended use of the Club facilities. I acknowledge that I have been informed that the Club offers a consultation which includes a brief interview regarding my medical history. However, I understand and acknowledge that Green Zone Fitness, will not and cannot provide me any medical advice. If I have any health or medical concerns now or after I join the Club, I will discuss them with my doctor before using the Club facilities.
DAMAGED, LOST OR STOLEN PROPERTY. I understand that Green Zone Fitness, are not responsible for any of my personal property that is damaged, lost or stolen while in or around the Club Location or any other “Green Zone Fitness” location.
GUESTS. I may bring a guest during staffed hours and only after arranging for a pass with club staff. I will be immediately charged a $150.00 per-visit fee for any unauthorised guests I allow into the club, and I agree to pay this fee. Guests must sign the Guest Waiver before using the Club Location. I understand the club reserves the right to charge a fee to guests who are not local residents or who visit repeatedly without joining. I will not allow any non-member to use my membership access card, and I understand that if I do, the card may be deactivated and a fee will be charged to activate the card. I am liable for all damage, I, my family members or guests cause to the equipment or physical infrastructure of the Club and will reimburse the Club via the payment method used to pay my membership fees.
ASSUMPTION OF RISK OF INJURY AND WAIVER OF CLAIMS. I assume all risks of injury and waive all rights to pursue money damages or any other relief of any kind as a result of anything occurring at or near the Club Location or any other “Green Zone Fitness” location. In the event I am injured while on a Green Zone Fitness property or during a Green Zone Fitness-sponsored event, I will hold harmless, Green Zone Fitness and all of their owners, employees, agents, successors and assigns from all claims of any sort for damages or for other relief, including but not limited to claims for contribution. I understand and agree that the Club Location and all Green Zone Fitness locations are unsupervised fitness centers and no employee is on site to help me use the equipment or exercise in the manner that I choose to exercise. I acknowledge there is possible danger connected with any physical activity (including the dangers of physical injury and death) and knowingly and voluntarily waive my right to make a legal or equitable claim of any sort against Green Zone Fitness, and all of their owners, employees, agents, successors and assigns from all claims of any sort for damages or for other relief, including but not limited to claims for contribution. This assumption of risk and waiver of liability applies to my family members, successors, heirs and assigns.
FAMILY MEMBERSHIP INDEMNIFICATION. If “Family or Joint” is the membership plan checked on the first page of this agreement, I agree that each member of my family covered under this agreement also agrees to assume the risk of injury as stated above and I indemnify and hold harmless Green Zone Fitness and their respective owners, employees, agents, successors and assigns from any claims for injury and damages brought by my family members. Moreover, I am aware that only family members listed in this agreement may use the club. A family member must be at least 16 years old to use the club alone. A family member between ages 14 and 15 can use the club only under the supervision of an adult member 18 years or older.
COOLING OFF PERIOD: The cooling off period starts if the member enters into the agreement before the centre opens (1) if the fitness centre opens on the proposed opening day – on that day (2) if the fitness centre opens on a new opening day and the fitness centre has not opened when the centre notifies the member of the new opening day – on that day or (3) if the fitness centre opens on a new opening day and the fitness centre has opened while the supplier notifies the member of the new opening day – when the member receives notice that the fitness centre has opened. The cooling off period ends 48 hours after the cooling off period starts.
PERSONAL E-MAIL ADDRESS. I must provide my personal e-mail address. I also will receive occasional e-mails from Green Zone Fitness updating me on my membership benefits. However, I will always have the option to opt-out from receiving these updates by replying and requesting to be unsubscribed.
DDR Service Agreement
I/We hereby authorise Ezidebit Pty Ltd ACN 096 902 813 (Direct Debit User ID number 165969) (herein referred to as “Ezidebit”) to make periodic debits on behalf of the “Business” as indicated on the attached Direct Debit Request (herein referred to as “the Business”).
I/We acknowledge that Ezidebit is acting as a Direct Debit Agent for the Business and that Ezidebit does not provide any goods or services (other than the direct debit collection services to me/us for the Business pursuant to the Direct Debit Request and this DDR Service Agreement) and has no express or implied liability in regards to the goods and services provided by the Business or the terms and conditions of any agreement that I/we have with the Business.
I/We acknowledge that the debit amount will be debited from my/our account according to the terms and conditions of my/our agreement with the Business and the terms and conditions of the Direct Debit Request (and specifically the Debit Arrangement and the Fees/Charges detailed in the Direct Debit Request) and this DDR Service Agreement.
I/We acknowledge that is my/our responsibility to ensure that there are sufficient cleared funds in the nominated account by the due date to enable the direct debit to be honoured on the debit date. Direct debits normally occur overnight, however transactions can take up to three (3) business days depending on the financial institution. Accordingly, I/we acknowledge and agree that sufficient funds will remain in the nominated account until the direct debit amount has been debited from the account and that if there are insufficient funds available,
I/We acknowledge that there may be a delay in processing the debit if:-
(1) there is a public or bank holiday on the day of the debit, or any day after the debit date;
(2) a payment request is received by Ezidebit on a day that is not a banking business day in Queensland;
(3) a payment request is received after normal Ezidebit cut off times, being 4:00pm Queensland time, Monday to Friday.
Any payments that fall due on any of the above will be processed on the next business day.
I/We authorise Ezidebit to vary the amount of the payments from time to time as may be agreed by me/us and the Business as provided for within my/our agreement with the Business. I/We authorise Ezidebit to vary the amount of the payments upon receiving instructions from the Business of the agreed variations. I/We do not require Ezidebit to notify me/us of such variations to the debit amount.
I/We acknowledge that Ezidebit is to provide at least 14 days’ notice if it proposes to vary any of the terms and conditions of the Direct Debit Request or this DDR Service Agreement including varying any of the terms of the debit arrangements between us.
I/We acknowledge that any disputed debit payments will be directed to the Business and/or Ezidebit. If no resolution is forthcoming, I/we agree to contact my/our financial institution.
I/We acknowledge that if a debit is returned by my/our financial institution as unpaid, a failed payment fee is payable by me/us to Ezidebit. I/We will also be responsible for any fees and charges applied by my financial institution for each unsuccessful debit attempt together with any collection fees, including but not limited to any solicitor fees and/or collection agent fee as may be incurred by Ezidebit.
I/We acknowledge that certain fees and charges (including setup, variation, SMS or processing fees) may apply to the Direct Debit Request and may be payable to Ezidebit and subject to my/our agreement with the Business agree to pay those fees and charges to Ezidebit.
Credit Card Payments
I/We acknowledge that “Ezidebit” will appear as the merchant for all payments from my/our credit card. I/We acknowledge and agree that Ezidebit will not be held liable for any disputed transactions resulting in the non supply of goods and/or services and that all disputes will be directed to the Business as Ezidebit is acting only as a Direct Debit Agent for the Business. I/We acknowledge and agree that in the event that a claim is made, Ezidebit will not be liable for the refund of any funds and agree to reimburse Ezidebit for any successful claims made by the Card Holder through their financial institution against Ezidebit.
This is an ongoing membership agreement, the agreement will continue until either you or the supplier terminates it in the way described in the agreement. If an automatic debit arrangement is in place, membership fees will continue to be debited from your credit card or account until you or your fitness centre cancels the arrangement by notifying your bank or credit provider. If you terminate the agreement or stop the automatic debt arrangement in a manner not described in the agreement, then you may be liable to the fitness centre for damages for breach of contract.