You agree to sign a waiver form with F45
2. Cooling off period
You can cancel your membership with us up to 14 days from the date you commenced training (for the avoidance of doubt the 14 day period commences from the day you complete your first session with F45). This is only applicable to new membership agreements. If you cancel within the 14 day cooling off period, F45 will refund your money less any set-up fee or the value of any promotional item such as a heart rate monitor F45 have given you upon joining with us.
3. Minimum age
The minimum age for training with us is 16. People under the age of 18 are required to provide a certificate from a parent or legal guardian confirming approval to train with F45.
4. Your Health
You warrant that you are in good physical condition and you know of no medical or other reason why you cannot or should not do active or passive exercise.
You recognise that the fitness instructor(s) is not able to provide me with medical advice with regard to my fitness, and that this information is used as a guideline to the limitations of my ability to exercise. I agree to not hold any certified trainer or directors of F45 liable for any injury that may occur during an F45 session.
5. Paying for memberships
Membership fees are paid in advance, weekly, by direct debit from a bank account or credit card.
6. Meeting Your Responsibilities
You must make sure:
• your account can accept direct debits
• there is enough money in your account on the payment day
• you tell us if you are transferring or closing your account at least 72 hours before the next direct debit
• you tell us about any changes to your credit card, such as its expiry date or number, at least 72 hours before your next debit
7. What happens if your payment is declined or fails for any reason?
If you do not fully pay your fees on the due date, F45 will suspend access to F45 until any outstanding balance has been paid and you have given us your updated account details if they are required. F45 will continue to debit your nominated account without notice, until F45 have received the total amount you owe F45.
F45 will make a reasonable effort to advise you on the status of the failed payments by letting you know beforehand by:
• phoning you
• writing to the email address you provided
For membership/s in your name, you must make sure that the payment method you choose remain valid for the length of your agreement. This includes third-party accounts. If the details you give us fail, you are liable for all resulting fees. You should update your details and are obligated to complete your minimum term of payments.
8. Can F45 change your agreement?
F45 may sometimes add to, change or remove our terms and conditions. This includes changing the opening and closing hours, the F45 services and facilities and membership fees. Sometimes, F45 may also close for refurbishment to improve the facilities. If this substantially reduces our ability to provide our service to you, F45 will reduce your membership fees accordingly on a pro-rata basis. The most up-to-date terms and conditions always apply. F45 will give you at least 28 days’ notice of any changes. If F45 do not fulfil our obligations to you, you may be able to cancel your membership. Unless the law states otherwise, you won’t have any other claim against us if this happens.
9. Can F45 increase your fees?
F45 reserve the right to increase your fees only at any time after your agreement has ended. F45 will make a reasonable effort to tell you about this at least 28 days beforehand by writing to the address you last gave us (which may be an email address). F45 will consider that you have received our letter or email on the second business day after it is sent.
Where F45 have made a reasonable effort to let you know about a fee increase, you authorise us to increase any debits from your nominated account.
10. Suspensions and Cancellations
F45 understand that from time to time you may not be able to train due to holidays, rest periods, becoming sick or injured or wish to cancel your membership altogether. The following rules apply to suspensions and cancellations:
• Memberships can be suspended at any time.
• Two week minimum suspension
• Six week maximum suspension each year
• A one-off admin fee of $20 for each suspension
• Suspensions cannot be backdated
• Pro-rata suspensions are not allowed (i.e. outside of the normal weekly billing cycle)
• Suspension periods will not count towards Your contractual minimum term and will extend any applicable minimum term by the number of suspended weeks taken. Membership may not be suspended during the notice period of a cancellation request.
• Standard Memberships:
• Cancel anytime
• Minimum 4 weeks’ notice
• $0 cancellation fee
• Contract Memberships incur a cancellation fee being 50% of the remainder of the contract value
• An exit fee does NOT apply under the following circumstances: Sickness/Injury resulting in not being able to train for remainder of contract (must provide Doctors certificate)
11. Use of your image
You agree to allow F45 Training to take a video or photo to use for promotion purposes from time to time.
12. F45 Blackwood Creche
I consent for the child under my control and responsibility to attend the F45 Blackwood Crèche at my own risk and responsibility and I am aware of the risks.
I understand and agree to the following:
• to not leave my child in the Crèche for longer than the length of the F45 class;
• to remain in the F45 Blackwood studio whilst my child (or person who I am responsible for) is in the Crèche;
• to not leave any child younger than 12 weeks old.
On the above basis, I agree to release, indemnify and hold harmless F45 Blackwood its servants and agents, from and against all and any actions or claims which may be made by me or on my behalf or by other parties for or in respect of or in the event that I or my children are injured or our property is damaged, I will bring no claim, legal or otherwise, against F45 Blackwood in respect of the injury or damage.
EZIDEBIT TERMS & CONDITIONS
1. I/We hereby authorise Ezidebit Pty Ltd ACN 096 902 813 (Direct Debit User ID number 165969, 303909, 301203, 234040, 234072, 428198) (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”).
2. 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.
3. 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.
4. I/We acknowledge that bank account and/or credit card details have been verified against a recent bank statement to ensure accuracy of the details provided and I/we will contact my/our financial institution if I/we are uncertain of the accuracy of these details.
5. 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 agree that Ezidebit will not be held responsible for any fees and charges that may be charged by either my/our or its financial institution.
6. I/We acknowledge that there may be a delay in processing the debit if:-
a. there is a public or bank holiday on the day of the debit, or any day after the debit date;
b. a payment request is received by Ezidebit on a day that is not a banking business day in Queensland;
c. a payment request is received after normal Ezidebit cut off times, being 3:00pm Queensland time, Monday to Friday. Any payments that fall due on any of the above will be processed on the next business day.
7. 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.
8. 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.
9. 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.
10. I/We acknowledge that I/we will contact the Business if I/we wish to alter or defer any of the debit arrangements.
11. I/We acknowledge that any request by me/us to stop or cancel the debit arrangements will be directed to the Business.
12. 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.
13. I/We acknowledge that if a debit is returned by my/our financial institution as unpaid, a failed payment fee may be payable by me/us to Ezidebit. Where a failed payment fee is applicable, the amount will be as detailed in the Debit Arrangement of the Direct Debit Request.
14. I/We will also be responsible for any fees and charges applied by my/our 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.
15. I/We authorise Ezidebit to attempt to re-process any unsuccessful payments as advised by the Business.
16. 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
17. 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.
18. I/We acknowledge that Credit Card Fees are a minimum of the Transaction Fee or the Credit Card Fee, whichever is greater as detailed on the Direct
19. I/We appoint Ezidebit as my/our exclusive agent with regard to the control, management and protection of my/our personal information (relating to the Business and contained in this DDR Service Agreement).
22. I/We hereby irrevocably authorise, direct and instruct any third party who holds/stores my/our personal information (relating to the Business and contained in this DDR Service Agreement) to release and provide such information to Ezidebit on my/our written request.
I/We authorise Ezidebit to verify and/or correct, if necessary, details of my/our account with my/our financial institution; and b) my/our financial institution to release information allowing Ezidebit to verify my/our account details.
Po Box 3327
Newstead, QLD 4006
Ph: (07) 3124 5500 Fax: (07) 3124 5555