Anytime Fitness Club Membership Agreement: Fees and Cancellation Clauses, Exams of Law

Download Anytime Fitness Club Membership Agreement: Fees and Cancellation Clauses and more Exams Law in PDF only on Docsity! Membership Agreement – NSW, NT, Qld, Tas, Vic, WA IMPORTANT NOTICE The Anytime Fitness® chain comprises a network of independently owned and operated fitness Clubs, including our Club. This is an Agreement under which you agree to become a Member of our Club. It is made up of this Important Notice, the Details section, the attached Terms and any other document attached or referred to, including our Club Rules, our privacy policy and the Special Conditions for 16-17 Year Olds, if applicable. When you sign 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 us before you sign. Words in Bold type and capitalised first letters are defined in clause 1 of the attached Terms. THIS AGREEMENT IS SUBJECT TO A 7 DAY COOLING OFF PERIOD TYPE OF AGREEMENT You should choose the type of agreement you wish to have by ticking and placing your initials under the relevant box below: Ongoing Agreement: An Ongoing Agreement continues after the Minimum Term until it is terminated in the way set out in the Terms. Your Fees may increase after the Minimum Term expires. Your initials Fixed Term Agreement: A Fixed Term Agreement ends when the Minimum Term ends. You will need to sign a new agreement if you want to keep using the Facilities and Services after this and a new joining fee may apply. If you opt for a Fixed Term Agreement we may require that you pre-pay the Membership Fees for the whole Agreement. 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 Agreement lawfully ends. SUMMARY OF SOME KEY TERMS Some of the key terms of this Agreement are summarised below. You should refer to the noted clause for full details. Cooling Off: You can cancel this Agreement within 7 days from the Start Date by giving us written notice (see Details and clause 3). Your Safety: You agree to give us all relevant health and fitness information before or during any exercise. 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 (see clause 5). Access and Reciprocity: When you join our Club you can access and use our Club and our Facilities and Services. After the first 31 days, you will also be able to access and use all other Clubs (see clause 2). Membership Transfer and Assignment of this Agreement: As a broad rule, if you use another Club more than our Club, (using the criteria set out in this Agreement) your Membership and this Agreement will be transferred from our Club to the Club you visit the most. If this happens, the Fees, including your Membership Fees, may change (see clause 8). Putting Your Membership On Hold: In any 12 month period you can usually ‘freeze’ your Agreement twice for up to 3 months for both periods combined. If we agree, you may freeze your Agreement more than this for travel, medical or hardship reasons but must give us proof. The minimum freeze period is one billing period (or 2 weeks if you have pre-paid your Membership Fees). Your Membership will be extended by the freeze period. A weekly Freeze Fee of up to $2.50 may apply (see clause 9). Cancelling in 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 the Administration Fee which is the same as your Membership Fees for 30 days (see clause 10). Cancelling in the Minimum Term for Other Reasons: You can cancel for your convenience if you pay the Cancellation Fee which is the higher of 50% of the balance due for the Minimum Term or a sum equal to 30 days Membership Fees (see clause 10). You can also cancel on notice of 30 days if you relocate more than 15 km away from any Club and give us proof (see clause 10). Cancelling an Ongoing Agreement After the Minimum Term: You may cancel on 30 days written notice (see clause 10). Not Enough Money in Account When Fees Are Due: Your bank or credit provider may charge you a fee for overdrawing your account. Our third-party Biller also charges a Biller’s Administration Fee (see the Details and clause 13). Your initials ____________ DETAILS Anytime Fitness Club “Us” “Our” Name ABN/ACN Trading Name Address State E mail Member “You” “Your” Name ID (eg. Licence) Address E Mail Phone Birth date Gender Emergency Contact Phone Minimum Term Start Date If our Club is open, the date you sign this Agreement (unless we agree to a later date). Otherwise, the date our Club opens - provided we have given you prior notice of that date. If we have not given you prior notice, the Start Date is the day you are notified that our Club has opened. Cooling Off End 7 days after the Start Date (ending at 11.59 pm on that day) Fees Membership Fee for Minimum Term $ Other Joining Fee $ Fob Key Fee $ Other (if applicable) $ Total Fees Payable for the Minimum Term $ Other Fees Administration Fee A sum equal to 30 days Membership Fees Cancellation Fee The higher of 50% of the balance due for the Minimum Term or a sum equal to 30 days Membership Fees Biller’s Administration Fee $ Freeze Fee (per week) $ ($2.50 maximum) Guest Fee (per visit) $ ($30 maximum) Pro Rata Fee (initial) $ Pro Rata Fee (end Minimum Term) $ Replacement Fob Key Fee $ Tailgate Fee $ ($60 maximum) Other – eg exercise consultation $ Payment of Membership Fees (Please choose one) Upfront pre-payment for Minimum Term Periodic payment by direct debit Direct Debit Payment Period (Please choose one) Each fortnight- in advance (subject to availability) Each month - in advance Direct Debit Amount (May vary on Membership transfer or after Minimum Term) $ Each fortnight (subject to availability) $ Each month SIGNING PART I/we have read through this Agreement in full and understand my/our obligations under it. By signing below, I/we agree to be bound by the provisions of this Agreement. 16 and 17 Year Olds: You may join some “Approved Clubs” as long as you agree to follow the Special Conditions for 16-17 Year Olds. You promise you have read and understand these and will act in accordance with them. Your parent or guardian must also co-sign this Agreement, your Pre-Exercise Questionnaire and the Special Conditions for 16-17 Year Olds. Member Signature ……………………………………………..………………. Date……………………………………………………. By co-signing below, the parent or guardian of a 16 or 17 year old agrees to this Agreement, including the attachments, agrees to accept personal responsibility to ensure the 16 or 17 year old complies with it and to rectify any breaches by the 16 or 17 year old. Parent/guardian signature …………………………………………..…………………… Date ……………………………………………………. Name and ID ……………………………………………………………….. Relationship ……………………………………….. Office Use Only All signing persons have read the Agreement ID shown and Details have been completed Pre-Exercise Questionnaire completed ACL exclusion clause signed for VIC 16-17 year old requirements completed Orientation completed (b) it would be useful (but not required) if you complete any standard documentation we may have such as a cancellation form and provide your membership number (if you know it); (c) if you do not use our standard documentation, your notice must include your name, Club, address, phone, email, ID details and signature and explain why you wish to cancel; and (d) you must also attach required proof such as a medical certificate. 10.2 Cancelling your Membership on or after end of the Minimum Term (a) 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 your Agreement ends to discuss renewal. If you chose to renew your Membership or sign a new agreement before the Minimum Term ends, a Joining Fee will not apply. (b) 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 the end 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. (c) 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 (a) 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 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. (b) If you cancel under clause 10.3(a), 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 Joining Fee, the Fob Key Fee and Fees for services already supplied. 10.4 Cancelling for your convenience in the Minimum Term During the Minimum Term, you can cancel your Membership at any time by telling us in writing and paying a Cancellation Fee. 10.5 Other ways you can cancel this Agreement in the Minimum Term You can also cancel your Membership in the following ways and without paying a Cancellation Fee: (a) When prior notice is NOT required You may cancel without giving us prior notice if: (i) we break an Essential Term and have not fixed this in a reasonable time of you asking us in writing; (ii) you become bankrupt and give us proof (such as supporting documents) to our reasonable satisfaction; (iii) 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 (iv) you become entitled to cancel under consumer laws. (b) When prior notice is required You may cancel by giving us 30 days written notice if you relocate more than 15 km from a Club and you give us proof to our reasonable satisfaction. (c) Applicable Fees If you cancel your Membership under clause 10.5(a) or (b), 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 Fob Key Fee and Fees for services already supplied. These Fees are not refundable except in very limited circumstances related to clauses 10.5(a) (i) and (iv). 11. WHEN WE CAN END THIS AGREEMENT 11.1 In addition to our other rights under this Agreement, we may cancel your Membership if you breach any obligation under this Agreement that can’t be fixed or if you breach an obligation that can be fixed but you 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 pro rata basis), the Joining Fee, the Fob Key Fee and Fees for services already supplied. We may also charge a Cancellation Fee and recover costs, loss or damages caused 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 pro rata basis), the Joining Fee, the Fob Key Fee and Fees for services already supplied. 12. FEES 12.1 General (a) The Fees you 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. (b) If you do not make any payment when it is due, your Membership may be suspended and you could be refused access to Clubs and to Facilities and Services until all outstanding amounts have been paid. (c) 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 Joining Fee We will charge you the Joining Fee to cover the set up costs for your Membership. This is not refundable except in very limited circumstances related to clauses 3 and 10.5(a) (i) and (iv). 12.3 Pro-Rata Fee If you pay by direct debit and your Start Date begins after the first day of the relevant Direct Debit Payment Period, you will only 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. 12.4 Fob Key Fee This is the Fee charged to buy a Fob Key. This is not refundable except in very limited circumstances related to clauses 3 and 10.5(a) (i) and (iv). If you need a replacement Fob Key, a Replacement Fob Key Fee will apply. 12.5 Membership Fees (a) 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 provided this option is available in our Club. (b) If this is an Ongoing Agreement, you must pay Membership Fees periodically in advance until your Agreement ends. 12.6 Cancellation Fee (a) 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 remainder of the Minimum Term or a sum equal to 30 days Membership Fees (whatever is the higher). (b) A Cancellation Fee may (at our reasonable discretion) also be payable by you if your Membership is ended by us under clause 5.9, clause 11.1 or clause 12.1(c). 12.7 If you do not pay a Fee when due (a) 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 13.3). (b) Fees and charges continue to accrue during a suspension under clause 12.7(a). 12.8 Fee increases (a) During the Minimum Term: (i) your Membership Fees will not be increased (except in the case of a transfer of your Membership (see clause 12.8 (c)); (ii) other Fees may, however, be varied. (b) After the Minimum Term, all Fees may be increased. (c) If your Membership is transferred to another Club, your Membership Fees (and other Fees) may be varied to reflect those which are applicable at the other Club even if your Membership is transferred in the Minimum Term. (d) We will make reasonable efforts to tell you of any Fee changes. (e) If your Fees are varied, you authorise any debits from your nominated account to also be varied. 12.9 Refunds and the Credit Code 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 Direct Debit Payment Agreement (a) If you pay any Fees, including ongoing Membership Fees, by direct debit, then this will be through our Biller (not us). (b) You will be provided with a copy of Direct Debit Payment Agreement of the Biller which applies to any direct debit services. The Direct Debit Payment Agreement, which we are not a party to, is entirely separate to this Agreement. 13.2 Authority to deduct Fees By nominating a credit or debit account, you authorise our Biller, 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. 13.3 Late or rejected direct debit payments (Also see clause 12.7) (a) 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. (b) If there is not enough money in your nominated account on the usual payment day, or there is another reason that your account was unable to be debited (except one within the Biller’s control), you will be charged the Biller’s Administration Fee. This will be added to your next debit amount. Prior arrears may also be included. (c) You authorise our Biller to deduct any unpaid arrears outstanding on your account. (d) 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. 14. OTHER SERVICES 14.1 There may be other services, including personal training services, offered at Clubs by us, contractors, licensees and others which are offered separately and/or in addition to services provided under this Agreement. You will need to pay applicable fees directly to the providers of the services and agree to separate terms and conditions. 14.2 We are not responsible for these third party provided services including fees or any associated costs claims or refunds, unless they are provided by us. 15. CHANGES TO YOUR AGREEMENT 15.1 We may sometimes make changes to this Agreement, including our Club 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. 15.2 We will make reasonable efforts 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 30 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. 15.3 You cannot cancel under this clause in the case of a transfer of your Membership or if we have to make the change to comply with a law or a direction of a relevant authority. 16. OUR LIABILITY TO YOU 16.1 Statutory guarantees (a) Under the ACL we guarantee that the services we supply: (i) are provided with due care and skill; (ii) are reasonably fit for any purpose you have told us you are using the services for or told us you wish to achieve; and/or (iii) are supplied in a reasonable time. (b) Under certain legislative provisions, however, we can ask you to accept some limitations to the ACL guarantees. (c) If you sign this Agreement, you agree, to the extent allowed by section 139A of the CCA, to exclude or modify our liability to you for death or injury from our failure to comply with ACL guarantees. (d) This exclusion does not apply if your death or injury is caused by our “reckless conduct” (as defined in the CCA). 16.2 State based notices: Victoria Only The ACL Exclusion Notice: “Warning Under the ACL and Fair Trading Act 2012” applies if attached to this Agreement and signed by you. 16.3 Other implied terms Nothing in this Agreement excludes, restricts or modifies any terms, conditions, warranties, guarantees, rights or remedies which cannot lawfully be excluded, restricted or modified. Otherwise, unless expressly included in this Agreement, all implied terms, conditions, warranties, guarantees, rights or remedies that can be lawfully excluded are excluded. In particular, but subject to clause 16.1 and 16.2, we are not liable for death or injury caused by our negligence or breach of implied terms that services will be provided with reasonable care and skill at common law. This does not exclude our liability for reckless conduct. 16.4 Loss of property You promise not to unnecessarily bring valuables into a Club and agree that it is not the obligation of the Club to look after unattended property. 17. YOUR RESPONSIBILITY FOR DAMAGE You agree to pay for any loss or damage to the Club or the Facilities and Services caused by you or your guests through a wilful, wrongful or negligent act or as a result of your, or their, breach of this Agreement. 18. CLUB CLOSURES (a) We may need to close our Club for a period of time, for example, due to an emergency, or if required by a court order or by law. (b) We may close our Club up to 14 days in any 30 day period under clause 18(a) and keep charging Membership Fees. (c) If we close the Club for between 15 and 30 days under clause 18(a) in any 30 day period, clause 18(e) applies. (d) We may also close the Club for up to 30 consecutive days if it is being refurbished or relocated. (e) If we close the Club under clause 18(c) or 18(d) we may keep charging Membership Fees if you are able and willing to use another Club. If you are not able or willing to use another Club we will freeze your Membership at no cost to you and extend your Agreement for a time equal to the closed period. (f) We will try, but cannot promise we will be able, to tell you about any Club closures in advance. 19. COMPLAINTS AND FEEDBACK 19.1 If you have any concerns about the Facilities and Services or anything else in relation to your Membership, you should first raise it with Club staff. 19.2 If you are uncomfortable about approaching, or do not wish to approach, Club staff, or are not happy with the response given, you may send a complaint to the head office of Anytime Australia by e mail to customerservice@anytimefitness.com.au. 19.3 Complaints will be dealt with in accordance with the Anytime Fitness complaints policy. 20. GENERAL LEGAL MATTERS 20.1 Unexpected events We are not responsible if Members cannot use our Club because of an event caused by a natural force (such as a fire or a flood) or a road or building closure or something similar beyond our reasonable control. If this continues for more than 30 days, then either you or we may cancel this Agreement immediately by written notice. No Fee will apply. 20.2 Severability 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. 20.3 Waiver If we do not enforce our rights under this Agreement at any time, it does not mean that we may not do so in future. 20.4 Entire Agreement You agree that we have not made any representations or promises that you have relied that are not in this Agreement. 20.5 Applicable law The law of the state/territory set out in the Details applies to this Agreement. - END - Membership Agreement - ACT IMPORTANT NOTICE The Anytime Fitness® chain comprises a network of independently owned and operated fitness Clubs, including our Club. This is an Agreement under which you agree to become a Member of our Club. It is made up of this Important Notice, the Details section, the attached Terms and any other document attached or referred to, including our Club Rules, our privacy policy and the Special Conditions for 16-17 Year Olds, if applicable. When you sign 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 us before you sign. Words in Bold type and capitalised first letters are defined in clause 1 of the attached Terms. THIS AGREEMENT IS SUBJECT TO A 7 DAY COOLING OFF PERIOD TYPE OF AGREEMENT You should choose the type of agreement you wish to have by ticking and placing your initials under the relevant box below: Your initials Ongoing Agreement: An Ongoing Agreement or a “Periodic Billing Agreement” continues after the Minimum Term until you or we terminate it in the way set out in the Terms. Your Fees may increase after the Minimum Term expires. Your initials Fixed Term Agreement: A Fixed Term Agreement ends when the Minimum Term ends. You will need to sign a new agreement if you want to keep using the Facilities and Services after this and a new joining fee may apply. If you opt for a Fixed Term Agreement we may require that you pre-pay the Membership Fees for the whole Agreement. 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 Agreement lawfully ends. SUMMARY OF SOME KEY TERMS Some of the key terms of this Agreement are summarised below. You should refer to the noted clause for full details. Cooling Off: You can cancel this Agreement within 7 days from the Start Date by giving us written notice (see Details and clause 3). Your Safety: You agree to give us all relevant health and fitness information before or during any exercise. 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 (see clause 5). Access and Reciprocity: When you join our Club you can access and use our Club and our Facilities and Services. After the first 31 days, you will also be able to access and use all other Clubs (see clause 2). Membership Transfer and Assignment of this Agreement: As a broad rule, if you use another Club more than our Club, (using the criteria set out in this Agreement) your Membership and this Agreement will be transferred from our Club to the Club you visit the most. If this happens, the Fees, including your Membership Fees, may change (see clause 8). Putting Your Membership On Hold: In any 12 month period you can usually ‘freeze’ your Agreement twice for up to 3 months for both periods combined. If we agree, you may freeze your Agreement more than this for travel, medical or hardship reasons but must give us proof. The minimum freeze period is one billing period (or 2 weeks if you have pre-paid your Membership Fees). Your Membership will be extended by the freeze period. A weekly Freeze Fee of up to $2.50 may apply (see clause 9). Cancelling in 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 the Administration Fee which is the same as your Membership Fees for 30 days (see clause 10). Cancelling in the Minimum Term for Other Reasons: You can cancel for your convenience if you pay the Cancellation Fee which is the higher of 50% of the balance due for the Minimum Term or a sum equal to 30 days Membership Fees (see clause 10). You can also cancel on notice of 30 days if you relocate more than 15 km away from any Club and give us proof (see clause 10). Cancelling an Ongoing Agreement After the Minimum Term: You may cancel on 14 days written notice (see clause 10). Not Enough Money in Account When Fees Are Due: Your bank or credit provider may charge you a fee for overdrawing your account. Our third-party Biller also charges a Biller’s Administration Fee (see the Details and clause 13). Your initials ____________ 5.5 Guests You may bring a guest into a Club but only if they register with Club staff, pay a Guest Fee and meet our other reasonable conditions. For example, they will need to be the Minimum Age, show photo ID, complete the Pre- Exercise Questionnaire and other standard forms. 5.6 Club Rules (a) Club Rules apply to everyone using the Facilities and Services. They are usually displayed in the Club. (b) Club Rules form part of this Agreement so you must make sure you read, understand and follow them at all times. (c) If you break any of the Club Rules we will respond in a way we consider fair and appropriate. For example, in less serious cases, we may give you a warning but in serious cases or where you have repeatedly broken Club Rules we may suspend or cancel your Membership. If your breach causes us or another person costs, loss or damages, you agree to pay for these. 5.7 Illegal performance enhancing or other illicit substances 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 in or near the Club. 5.8 Commercial activity You acknowledge that engaging in any commercial or business activities in the Club, such as offering training services or selling goods in the Club is prohibited unless we grant you written permission to do so. If we do give you written permission, we can revoke this at any time. 5.9 Action for risky or inappropriate conduct If you behave in a risky or seriously inappropriate way, for example, if you threaten or harass others, damage equipment, distribute or use illicit substances, or train other Members without our authorisation, appropriate action will be taken. For example, your Membership may be immediately suspended or cancelled (with a Cancellation Fee potentially applying), you may be banned from joining any Club and/or we may refer the matter to appropriate authorities. If your conduct causes us or another person costs, loss or damages you agree to pay for these. 6. SECURITY 6.1 24 Hour CCTV Club premises have CCTV security cameras recording 24 hours a day (except in bathrooms) and may have remote video or other guarding services. This system is used for security purposes but does not guarantee against harm. You should contact the Club if you have questions on this. 6.2 Emergencies (a) Clubs have an emergency phone, panic buttons and security lanyards for safety and security reasons and to alert a security company in emergencies, for example, if you are, or feel, threatened or need medical help. You must understand how emergency apparatus works and agree to use it only in an emergency. (b) If you deliberately use emergency apparatus inappropriately, you agree to pay for any costs, loss or damages incurred because of this inappropriate use. (c) Clubs may also have an emergency or crisis response procedure displayed which must be followed in emergencies. 6.3 Be cautious You must be cautious when entering, leaving a Club and using the Club and you must wear security lanyards when appropriate, for example, if exercising alone or outside Staffed Hours. 6.4 Following Directions You agree to follow any reasonable direction of a member of Club staff relating to health, safety or security or related matters. 7. PRIVACY 7.1 Your personal information From when you apply for Membership, you will need to provide us with, and we will have access to personal information about you, including information relating to your health and finances. Your personal information may be: (c) transferred to and stored out of Australia, including to a country that does not have the same level of privacy protection as Australia; and (d) disclosed to and used by other Clubs, including overseas Clubs, for the purpose of allowing you access to Clubs and providing services to you (for example so that we can confirm your Membership if you visit our global facilities). 7.2 General consent By signing this Agreement, you consent to us collecting, using, disclosing and dealing with your personal information in accordance with our privacy policy. In particular, you consent to the transfer and storage of your personal information outside Australia, and to the disclosure and use of your personal information to other Clubs inside and outside Australia. You can access our privacy policy at www.anytimefitness.com.au/privacy. 7.3 Up to date contact information You must tell us promptly if you change your contact or payment details or if there is a change to other relevant personal information, including anything that may affect health or safety. 7.4 Consent to use your image You understand that photos, films, videos or audio recordings are sometimes taken of Members for promotional purposes. Your permission will first be obtained if this is done. By signing this Agreement, you agree to allow your image, recording or likeness to be used for any legitimate purpose by us or by Anytime Australia and you assign your rights in any of these materials to Anytime Fitness LLC. 7.5 Other (a) As noted in clause 6.1, surveillance and monitoring are used in Clubs (except in bathrooms). (b) Members and guests are not allowed to take photos and/or videos in Clubs unless specific permission is granted by the Club. 8. TRANSFER 8.1 Your Membership may be transferred to another Club if: (a) over two (2) consecutive 30 day periods you use another Club a minimum of 4 times in each period AND use that Club more than 50% of the time in each period; OR (b) over three (3) consecutive 30 day periods, you use another Club at least once in each of these periods; and 100% of your visits are at the other Club. 8.2 If your Membership is transferred to another Club, your Fees, including any ongoing Membership Fees, may be varied to reflect the Fees applicable in the other Club. 8.3 If your Membership is transferred to another Club in another state or country, you may be required to sign a new Agreement compliant with the laws of that state or country. 8.4 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: (g) is eligible to become a Member; (h) is able to take up your Membership (for example, if you have a corporate Membership); (i) signs a new agreement to become a Member for at least the balance of the Minimum Term; (j) agrees that that the provisions of clause 2 regarding access and reciprocity will also apply to them; and (k) pays Membership Fees for at least the balance of the Minimum Term, or enters into a Direct Debit Payment Agreement if these Fees are to be paid periodically by direct debit; and (l) pays applicable other Fees such as a Fob Key Fee and a Joining Fee. 8.5 If our transfer policy (in clause 8.1) is changed, we will use our reasonable efforts 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 Freeze Fee usually applies during any freeze period. 9.4 While your Membership is frozen, the Minimum Term will be extended for the same time as the freeze period. Direct debit payments that fall in the freeze period will also be frozen (except the Freeze Fee). 10. WHEN YOU CAN END THIS AGREEMENT 10.1 Notice If you need to notify or tell us anything in writing under this clause: (b) you can give this to us in person, by e mail or post; (c) it would be useful (but not required) if you complete any standard documentation we may have such as a cancellation form and provide your membership number (if you know it); (d) if you do not use our standard documentation, your notice must include your name, Club, address, phone, email, ID details and signature and explain why you wish to cancel; and (e) you must also attach required proof such as a medical certificate. 10.2 Cancelling your Membership on or after end of the Minimum Term (a) 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 your Agreement ends to discuss renewal. If you chose to renew your Membership or sign a new agreement before the Minimum Term ends, a Joining Fee will not apply. (b) 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 14 days) before the end 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 14 days before, your Membership will continue for another 14 days before it ends. (c) If this is an Ongoing Agreement and it has continued beyond the Minimum Term, you can cancel any time by giving us at least 14 days prior written notice. 10.3 Cancelling for Medical Reasons (c) 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 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. (d) If you cancel under clause 10.3(a), 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 Joining Fee, the Fob Key Fee and Fees for services already supplied. 10.4 Cancelling for your convenience in the Minimum Term During the Minimum Term, you can cancel your Membership at any time by telling us in writing and paying a Cancellation Fee. 10.5 Other ways you can cancel this Agreement in the Minimum Term You can also cancel your Membership in the following ways and without paying a Cancellation Fee: (d) When prior notice is NOT required You may cancel without giving us prior notice if: (v) we break an Essential Term and have not fixed this in a reasonable time of you asking us in writing; (vi) you become bankrupt and give us proof (such as supporting documents) to our reasonable satisfaction; (vii) 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 (viii) you become entitled to cancel under consumer laws. (e) When prior notice is required You may cancel by giving us 30 days written notice if you relocate more than 15 km from a Club and you give us proof to our reasonable satisfaction. (f) Applicable Fees If you cancel your Membership under clause 10.5(a) or (b), 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 Fob Key Fee and Fees for services already supplied. These Fees are not refundable except in very limited circumstances related to clauses 10.5(a) (i) and (iv). 11. WHEN WE CAN END THIS AGREEMENT 11.1 In addition to our other rights under this Agreement, we may cancel your Membership if you breach any obligation under this Agreement that can’t be fixed or if you breach an obligation that can be fixed but you 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 pro rata basis), the Joining Fee, the Fob Key Fee and Fees for services already supplied. We may also charge a Cancellation Fee and recover costs, loss or damages caused 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 pro rata basis), the Joining Fee, the Fob Key Fee and Fees for services already supplied. 12. FEES 12.1 General (d) The Fees you 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. (e) If you do not make any payment when it is due, your Membership may be suspended and you could be refused access to Clubs and to Facilities and Services until all outstanding amounts have been paid. (f) 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 Joining Fee We will charge you the Joining Fee to cover the set up costs for your Membership. This is not refundable except in very limited circumstances related to clauses 3 and 10.5(a) (i) and (iv). 12.3 Pro-Rata Fee If you pay by direct debit and your Start Date begins after the first day of the relevant Direct Debit Payment Period, you will only 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. 12.4 Fob Key Fee This is the Fee charged to buy a Fob Key. This is not refundable except in very limited circumstances related to clauses 3 and 10.5(a) (i) and (iv). If you need a replacement Fob Key, a Replacement Fob Key Fee will apply. 12.5 Membership Fees (c) 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 provided this option is available in our Club. (d) If this is an Ongoing Agreement, you must pay Membership Fees periodically in advance until your Agreement ends. 12.6 Cancellation Fee (a) 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 remainder of the Minimum Term or a sum equal to 30 days Membership Fees (whatever is the higher). (b) A Cancellation Fee may (at our reasonable discretion) also be payable by you if your Membership is ended by us under clause 5.9, clause 11.1 or clause 12.1(c). 12.7 If you do not pay a Fee when due (c) 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 13.3). (d) Fees and charges continue to accrue during a suspension under clause 12.7(a). 12.8 Fee increases (c) During the Minimum Term: (iv) your Membership Fees will not be increased (except in the case of a transfer of your Membership (see clause 12.8 (c)); (v) other Fees may, however, be varied. (d) After the Minimum Term, all Fees may be increased. (c) If your Membership is transferred to another Club, your Membership Fees (and other Fees) may be varied to reflect those (d) applicable at the other Club even if your Membership is transferred in the in the Minimum Term. (e) We will make reasonable efforts to tell you of any Fee changes. (f) If your Fees are varied, you authorise any debits from your nominated account to also be varied. 12.9 Refunds and the Credit Code 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 Direct Debit Payment Agreement (c) If you pay any Fees, including ongoing Membership Fees, by direct debit, then this will be through our Biller (not us). (d) You will be provided with a copy of Direct Debit Payment Agreement of the Biller which applies to any direct debit services. The Direct Debit Payment Agreement, which we are not a party to, is entirely separate to this Agreement. 13.2 Authority to deduct Fees By nominating a credit or debit account, you authorise our Biller, 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. 13.3 Late or rejected direct debit payments (Also see clause 12.7) (e) 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. (f) If there is not enough money in your nominated account on the usual payment day, you will be charged the Biller’s Administration Fee. This will be added to your next debit amount. Prior arrears may also be included. (g) You authorise our Biller to deduct up to 90 days unpaid arrears payments in one billing run. (h) 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. 14. OTHER SERVICES 14.1 There may be other services, including personal training services, offered at Clubs by us, contractors, licensees and others which are offered separately and/or in addition to services provided under this Agreement. You will need to pay applicable fees directly to the providers of the services and agree to separate terms and conditions. 14.2 We are not responsible for these third party provided services including fees or any associated costs claims or refunds, unless they are provided by us. 15. CHANGES TO YOUR AGREEMENT 15.1 We may sometimes make changes to this Agreement, including our Club 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. 15.2 We will make reasonable efforts 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 30 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. 15.3 You cannot cancel under this clause if in the case of a transfer of your Membership or if we have to make the change to comply with a law or a direction of a relevant authority. 16. OUR LIABILITY TO YOU 16.1 Statutory guarantees (a) Under the ACL we guarantee that the services we supply: (i) are provided with due care and skill; (ii) are reasonably fit for any purpose you have told us you are using the services for or told us you wish to achieve; and/or (vi) are supplied in a reasonable time. (d) Under certain legislative provisions, however, we can ask you to accept some limitations to the ACL guarantees. (e) If you sign this Agreement, you agree, to the extent allowed by section 139A of the CCA, to exclude or modify our liability to you for death or injury from our failure to comply with ACL guarantees. (e) This exclusion does not apply if your death or injury is caused by our “reckless conduct” (as defined in the CCA). 16.2 Other implied terms Nothing in this Agreement excludes, restricts or modifies any terms, conditions, warranties, guarantees, rights or remedies which cannot lawfully be excluded, restricted or modified. Otherwise, unless expressly included in this Agreement, all implied terms, conditions, warranties, guarantees, rights or remedies that can be lawfully excluded are excluded. In particular, but subject to clause 16.1 and 16.2, we are not liable for death or injury caused by our negligence or breach of implied terms that services will be provided with reasonable care and skill at common law. This does not exclude our liability for reckless conduct. 16.3 Loss of property You promise not to unnecessarily bring valuables into a Club and agree that it is not the obligation of the Club to look after unattended property. 17. YOUR RESPONSIBILITY FOR DAMAGE You agree to pay for any loss or damage to the Club or the Facilities and Services caused by you or your guests through a wilful, wrongful or negligent act or as a result of your, or their, breach of this Agreement. 18. CLUB CLOSURES (g) We may need to close our Club for a period of time, for example, due to an emergency, or if required by a court order or by law. (h) We may close our Club up to 14 days in any 30 day period under clause 18(a) and keep charging Membership Fees. (i) If we close the Club for between 15 and 30 days under clause 18(a) in any 30 day period, clause 18(e) applies. (j) We may also close the Club for up to 30 consecutive days if it is being refurbished or relocated. (k) If we close the Club under clause 18(c) or 18(d) we may keep charging Membership Fees if you are able and willing to use another Club. If you are not able or willing to use another Club we will freeze your Membership at no cost to you and extend your Agreement for a time equal to the closed period. (l) We will try, but cannot promise we will be able, to tell you about any Club closures in advance. 19. COMPLAINTS AND FEEDBACK 19.1 If you have any concerns about the Facilities and Services or anything else in relation to your Membership, you should first raise it with Club staff. 19.2 If you are uncomfortable about approaching, or do not wish to approach, Club staff, or are not happy with the response given, you may send a complaint to the head office of Anytime Australia by e mail to customerservice@anytimefitness.com.au. 19.3 Complaints will be dealt with in accordance with the Anytime Fitness complaints policy. 20. GENERAL LEGAL MATTERS 20.1 Unexpected events We are not responsible if Members cannot use our Club because of an event caused by a natural force (such as a fire or a flood) or a road or building closure or something similar beyond our reasonable control. If this continues for more than 30 days, then either you or we may cancel this Agreement immediately by written notice. No Fee will apply. 20.2 Severability 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. 20.3 Waiver If we do not enforce our rights under this Agreement at any time, it does not mean that we may not do so in future. 20.4 Entire Agreement You agree that we have not made any representations or promises that you have relied that are not in this Agreement. 20.5 Applicable law The law of the state/territory set out in the Details applies to this Agreement. - END -