F45 Training Port Melbourne Membership Terms and Conditions
Joining age: Minimum Age for F45 Training is 16.
1. YOUR AGREEMENT
A "Member" means a person who has a membership or trial membership at the studio. Members are not permitted at the studio outside class hours. You agree that you are aware of the timetable of classes at the time of entering into this agreement and are aware that these class times are subject to change.
When you become a Member by purchasing a membership/trial/pack you agree that you have read, understood and accept the following Terms and Conditions. These Terms and Conditions, the Membership Form and the medical clearance constitute the entire agreement between you and F45 Training Port Melbourne (“us / we”). No other terms will apply unless agreed in writing by a F45 Training Port Melbourne Director or Manager.
Membership Types :
• Introductory Offer – A trial period for first time users only where you can access the studio and participate in classes for a limited period of time.
• Block of Classes – (e.g. a 10 pack pass) Once purchased gives the member studio access for a specified number of classes only and is to be used by the expiry date as set out in the Membership Form.
• 1 Month / 3 Months / 6 Months / 12 Months Minimum Term/Contracted Membership Option (auto renew) – Unlimited class access, locked in for a Minimum Term of either 1, 3, 6 or 12 months duration as specified in the signed Membership Form.
Payments are made via weekly/fortnightly/monthly direct debit from the nominated bank account or credit card.
• Upfront 3 / 6 / 12 month Membership: Unlimited class access for the paid in upfront term as specified in the Membership Form. Once your membership reaches its term you will not have access to studio facilities until a new Membership Form has been signed.
2. FEES
a) Direct Debits / Auto-renew Memberships: Our biller (Ezidebit Ltd.) will debit your nominated account for the duration of the membership you have signed up for as specified in the Membership Form. It is your responsibility to notify us if your account details change.
i. Your membership will automatically renew at the end of the Minimum Term, unless you provide us with 14 days notice of your intention to cancel your membership. We will continue to debit your account until notice is provided.
ii. Your membership may be suspended or terminated and you could be refused access to the Studio i f any Fees remain unpaid for more than 14 days. We will continue to suspend or refuse you access until your payments are up to date and we have access to current bank account or credit card details. You will still be liable for all unpaid amounts. After 14 days, if you refuse to reconcile any outstanding amounts the debt will be forwarded on to a third-party collections agency, which may incur further fees. We will make a reasonable effort to contact you beforehand by phoning, emailing or speaking to you in person.
iii. Any payment queries must be made within 14 days of the amount being debited from your account. If you query a payment, we will respond to you within 5 working days.
b) Upfront Memberships/Packs : If you wish to pay upfront for your membership, you are required to pay on the day that you sign up. If you wish to renew your upfront membership at the end of its term, a new membership fee may apply. The fee will then be set at the current upfront rate. By renewing your membership you agree to the membership terms that apply at that time.
i. All members who have paid upfront are still required to have either bank account or credit card details on file. This allows F45 Training Port Melbourne to receive payments if any additional purchases are made or to add additional charges (e.g. a late cancellation fee) to your account if deemed necessary.
c) Responsibilities : Your responsibilities, including payment of membership fees, do not depend on how often you attend the studio. You must tell us about anything that affects your membership, and any changes to your contact and bank details.
d) Cancelling Classes: Please be aware that there is a 1-hour cancellation window policy in place. If you’re booked in to a class and unable to attend, you must remove yourself from the class or waitlist a minimum of 1 hour prior to the classes start time or you will be fined a late cancellation fee. Each late cancel or no show will incur a $5 fine . The total amount combined over the course of a week will be added to your regular direct debit payment or added to your account if you have paid your membership upfront. If you have booked the class using a single class pass or one from a block of classes purchased then the total cost of that individual class is forfeited.
3. SUSPENSIONS
You can suspend your membership for up to 6 weeks per annum under both auto-renew and upfront memberships for any reason provided that your account is up to date.
i. Please email us at [email protected] to request a suspension.
ii. You are required to provide a start and end date for your suspension before it will be actioned.
iii. Please allow up to 48 hours for us to process.
iv. We cannot backdate any time freeze requests. You must request a freeze in advance.
v. Extended suspension: In the case of exceptional medical, travel or hardship circumstances, an extended suspension may be granted upon providing us with proof (such as supporting documents) to our reasonable satisfaction. We will not charge you for this extended suspension.
4. MEMBERSHIP CANCELLATION / TERMINATION
a) To cancel your membership please contact us by sending an email to [email protected]
i. After completing the minimum term members can terminate their membership. For all direct debit payment memberships you are required to give us 14 days notice to cancel and you are required to complete and sign a Cancellation Form. We will stop debiting your account after the 14-day period. You cannot freeze your membership payments during the notice period.
ii. If a membership is cancelled before reaching the minimum term of the contract you will be required to either pay out the total amount owing for the duration of the contract as stated in the signed Membership Form OR pay the difference between the lesser completed membership term - whichever is the lesser amount OR transferring your remaining membership to another person: You can transfer your full price membership to another person (transferee) within the minimum term of your agreement so long as the transferee is not a current member, or has not been a member in the last 3 months. You cannot transfer a corporate, discounted or foundation membership. The transfer is effective only after the transferee has completed the sign-up process. We do not allow transfers once you have completed your minimum term.
iii. All arrears need to be cleared before we will terminate your account.
iv. You may cancel your membership during its Minimum Term for medical reasons by providing us with a medical certificate showing that you are unable to participate in training without any further ramifications.
v. If you are bankrupt, you must show us supporting documents. We will not charge you an exit fee in this case.
b) We can refuse entry to anyone, including members, if they act unreasonably or breach these Terms and Conditions. We may also warn you that you risk having your membership cancelled. If you continue to behave in the same way, we may terminate your membership immediately. We can cancel your membership without warning if you behave in a way that is risky or seriously inappropriate, such as threatening or harassing others, damaging equipment, using illegal or performance-enhancing drugs and instructing other members when we have not authorized you to do so.
5. HEALTH AND SAFETY
a) When you become a Member and each time you use the studio or participate in a Class, you must ensure that:
i. You are in good physical condition and know of no medical or other reason why you should not exercise.
ii. You do not have any physical, medical 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: active or passive exercise; or participating in a Class. If you are unsure about any of these matters, please do not use the Studio or participate in any Class until you have sought appropriate medical guidance and been given the all-clear.
iii. You notify us of any injury/illness/health condition that may affect your ability to train. You use the studio and its equipment at your sole risk and responsibility. You agree to notify us immediately if you believe any studio activities may risk your health. You must also notify us if your medical condition has changed after you join.
iv. You do not use the studio facilities if you have an infection, contagious illness or physical ailment, such as an open cut/sore or have anything else that may be a risk, however small, to other members and guests.
b) YOU ACKNOWLEDGE AND AGREE THAT PARTICIPATING IN HIGH INTENSITY INTERVAL TRAINING IS A STRENUOUS PHYSICAL ACTIVITY AND MAY NOT BE SUITABLE FOR ALL PERSONS. IMPROPER USAGE OF ANY ITEM OF EQUIPMENT OR A FAILURE TO FOLLOW INSTRUCTIONS FROM AN INSTRUCTOR MAY RESULT IN INJURY OR DEATH.
c) You agree to give us all relevant personal, health and fitness information both before and during the course of any exercise program or other activity. You also agree to complete our Pre-Exercise Questionnaire. In some cases, responses you give will require that you get medical guidance before exercising. You acknowledge that pre-exercise or other screening is no substitute for medical advice and does not guarantee against injury or death.
i. You promise that information you give us will be true and accurate and not misleading in any way.
d) Our staff and contractors are not qualified to assess if you are in good and proper physical condition to participate in our classes without risk to your health, safety or comfort. If you have any doubts we recommend you seek expert advice from a qualified health practitioner before undertaking any exercise program.
e) We retain the right to refuse or cancel your membership agreement until a medical practitioner agrees in writing that you are fit to participate in the F45 classes.
6. YOUR OBLIGATIONS AT THE STUDIO
a) While we endeavour to provide you with a safe, clean and fun environment for training, we do expect that you comply with the studio rules, including:
i. You promise to take care to use the Studio and all exercise equipment safely and properly. If you are not sure how to operate any equipment, please ask our staff before you use it. Note that you will be responsible for any damage that you cause, to person or property, through any wilful act or negligence.
ii. As a courtesy to other members, you agree to use a clean towel when you use equipment, including exercise mats. If you do not bring a sweat towel to class you are required to purchase one from the studio at your own cost before being permitted to train.
iii. Please put equipment away after use.
iv. For your health and safety and the health and safety of other Members, you must ensure that you comply with any direction given to you by an Instructor or any other staff member from time to time.
b) You promise not to unnecessarily bring valuables into a Studio and agree that it is not the obligation of the Studio to look after unattended property. Unfortunately, thefts do happen. We cannot accept responsibility for any loss or damage to your belongings at the studio.
c) You agree to pay for any loss or damage to the Studio and its equipment caused by you through a wilful, wrongful or negligent act or as a result of your breach of this Agreement.
d) If you break any of the Studio 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 Studio 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.
e) We can refuse entry to anyone, including members, if they act unreasonably or breach these Terms and Conditions. We may also warn you that you risk having your membership cancelled. If you continue to behave in the same way, we may terminate your membership immediately. We can cancel your membership without warning if you behave in a way that is risky or seriously inappropriate, such as threatening or harassing others, damaging equipment, using illegal or performance-enhancing drugs and instructing other members when we have not authorized you to do so.
5. PRIVACY Photography - 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 agreeing to these Terms, you agree to allow your image, recording or likeness to be used for any legitimate purpose by us or by F45 Training. By signing your agreement, you allow us to use your image in social media, promotional and other business-related material without payment to you. Note also that you must not use a camera in our clubs without written permission.
Collected Information - 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. We may collect sensitive information about you where you consent, when the collection is authorised or required by law, or the collection is otherwise allowed under the Privacy Act. At F45 Port Melbourne, we respect your privacy and are committed to maintaining your trust.
a) We may use your Personal Information for legitimate business purposes, including:
i. To provide the functionality of F45 Port Melbourne Services and related support ii. To send administrative information to you, for example, information regarding our services and changes to our terms, conditions, and policies iii. To provide you with marketing and promotional materials and opportunities, and facilitate social sharing iv. To send you marketing communications and offer other materials that we believe may be of interest to you, such as to send you studio newsletters or other direct communications v. For reporting, trending, statistics, and to improve our products and services vii. To accomplish our business purposes; for audits, to verify that our internal function is as intended and compliant with legal, regulatory or contractual requirements; for responding to legal duties, such as requests from public and government authorities viii. being disclosed to and used by F45 Training, the rights holder in relation the F45 Training brand, marks and training programs. Y ou can access F45 Training’s privacy policy at f45training.com.au/terms-privacy/ ;
We will engage in these activities to comply with a legal obligation or because we have a legitimate interest. To the extent that we process your Personal Information based on your consent, you may withdraw your consent at any time.
b) We currently use third party processors as a Third Party Offering for internet based payment and for online booking services . By making payments through EZIDEBIT / MINDBODY Services, or booking classes through MINDBODY Services, your Personal Information may be collected by such processors directly and not by us, and will be subject to the third party's privacy policy. We have no control over, and are not responsible for, third parties’ collection, use and disclosure of your Personal Information. See MINDBODY Services Privacy Policy at mindbodyonline.com/privacy-policy ; EZIDEBIT Services Privacy Policy at ezidebit.com/en-au/privacy-policy
c) Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
d) 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.
6. OUTSIDE PROVIDERS
Contractors, tenants and franchisees at times provide additional services in our facilities. You will need to pay service fees directly to them and we are not responsible for those fees or for any other costs, refunds or product malfunction associated with the goods and services they provide.
7. LIABILITY
You agree that you use the studio and participate in classes at your own risk. F45 Port Melbourne does not accept responsibility for damage or injury suffered through any use of the studio or its equipment. You agree that you have read, understood and agree to the waiver set out in the Membership Form prior to commencing training at the studio.
8. GENERAL LEGAL MATTERS
a) We are not responsible if Members cannot use our Studio 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.
b) 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.
c) 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.
d) The law of the state or territory in which this Studio is located applies in relation to this Agreement.
e) You agree that we have not made any representations or promises that you have relied that are not in this Agreement.
9. COMMUNICATION
Our staff members are always happy to help. For effective and prompt response in relation to any membership or class booking queries please refrain from contacting trainers personally, outside of class hours or via social media at any time. Instead please email us at [email protected] or call our office on 0448 922 248 and we will get back to you at our earliest convenience.
Kind Regards
Management
F45 Training Port Melbourne
Port Melbourne
