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JS & BC PTY LTD TRADING AS EMPWR TRAINING HUB MEMBERSHIP TERMS AND CONDITIONS
1.DEFINITIONS
In this agreement unless the contrary intention appears:
a. The singular includes the plural and vice versa.
b. A reference to a party includes that party’s legal personal representative heirs and assigns.
c. “Club” means the High Intensity Interval Training Centre at 2/54 Kingston Drive, Helensvale QLD 4212.
d. “EMPWR Training Hub” means JS & BC Pty Ltd ABN: 41 631 058 869.
e. “Initial Term” means the period selected at the foot of this agreement from the date you enter into this agreement.
f. “Member” includes the parent or guardian of the Member if the Member is under 18 years.
2.MEMBERSHIP GRANT
By this agreement you are granted membership of the Club for the Initial Term. The membership terms are set out in the following paragraphs.
3.BEHAVIOUR EXPECTATIONS
To assist us in maintaining a safe and comfortable environment for all members and staff, the following conditions apply to all members.
a. Entry will be refused or you may be requested to leave the Club if: * You are using abusive or threatening language or behaving in a threatening way. * You are under the influence of drugs or alcohol.
b. The Club is a non-smoking facility.
c. Fully enclosed, clean sports shoes must be worn during workouts for safety reasons. Members are required to wear a singlet or t-shirt at all times in the Club. However, female members may wear sports bras and crop tops if they wish. Clothing must be clean and tidy with no offensive prints or designs for the consideration of other members.
d. Use of a towel is required when participating in classes and when exercising on gym equipment to maintain hygiene and safety standards.
e. Children are not permitted anywhere within any training area. Children may remain unsupervised in the reception and/or child-minding room with their legal guardian’s permission. EMPWR Training Hub takes no responsibility for unsupervised children.
4.PAYMENT
a. The member agrees to pay the installment amount at the agreed payment frequency until this agreement is terminated. Should there be any arrears in payments the Member authorises the debiting company to debit the outstanding balance in order to bring the account up to date at any time.
b. Personal training services are available for use in the Club for an additional fee. Please note only authorized EMPWR Training Hub registered personal trainers are permitted to train members in the Club.
5.IDENTIFICATION AND ACCESS
a. All members must have a active account through Xplor in order to participate in classes.
b. All members must book in for classes via the app.
c. Upon entering the club you must check yourself in at reception via the tablet on reception desk.
d. Entry to the Club may be refused as a result of unpaid or outstanding membership fees.
6.ONGOING OBLIGATIONS
Membership at the Club requires you to:
a. Update your contact details when they change so that we have your current contact details.
b. Comply with all terms of this agreement.
c. Pay all agreed fees,
d. Ensure sufficient funds are available to cover all fees and advise us in advance if your bank account or credit card is closed or changed.
e. Inform us in advance if there are any risks to your health if you participate in fitness services and if required seek approval from your Doctor.
f. Acknowledge that it is your responsibility to cancel direct debit facilities in respect of your membership when this agreement expires or is terminated.
7.YOUR OBLIGATION IN RELATION TO YOUR HEALTH
On the day you enter into this agreement and each time you use the Club, you promise us that:
a. you are in good physical condition
b. you have disclosed to us any condition which may cause a health risk to you if you undertake any exercise or program in the club or use equipment in the Club
c. you know of no medical or other reason why you cannot or should not do active or passive exercise. Our staff and contractors are not medically trained. They are not qualified to assess the exact state of your physical condition, your prior medical history, whether you can exercise without risking your health, your safety or comfort levels. If you have any doubts, it is your responsibility to seek medical advice before starting an exercise or training program. Undertaking training and exercise activities in the Club does carry risk and you need to understand that these activities may impact your health. This risk is assumed by you when you undertake these activities. EMPWR Training Hub will not be responsible and you hereby release EMPWR Training Hub from any liability if you are injured or suffer an adverse medical condition whilst exercising, training or undertaking similar activities in the Club. EMPWR Training Hub reserves the right to require a medical certificate from you before you undertake certain training at the Club.
8.VALUABLES
Luggage racks are available and are located in the Club. You are responsible for looking after your personal items. EMPWR Training Hub employees, agents or contractors are not responsible for any loss of personal property. Valuables should be kept with you or at home while using the Club.
9.LOST PROPERTY
Any items of lost clothing will be held for two weeks, and then donated to charity.
10.RESERVATIONS TO EMPWR TRAINING HUB
a. EMPWR Training Hub reserves the right to make changes to exercise equipment supplied in the Clubs at any time.
b. EMPWR Training Hub also reserves the right to make changes to its group fitness timetable at any time. (ie. Alter class type, times and instructors).
c. EMPWR Training Hub may revoke a Member’s right to entry or use of facilities if a Member’s account is in arrears in excess of $50.00.
d. If your automatic direct debit reverses or is returned to us by your financial institution we will attempt to contact you about retrying the debit. If the debit remains outstanding it will be processed within 7 days of the reversal and will include any reversal and late fees that may apply.
11.DEBT COLLECTION AGENCIES
a. If unpaid fees remain outstanding, and after attempts by us to rectify the arrears, we may engage a collection agency to request recovery.
b. If paying by direct debit, upon default by the Member in regard to any obligation under this agreement and failure to remedy the default after notification by the debiting company, the Member authorises the debiting company to notify any debt collection agency of the default. Should this occur then at the debiting company’s sole discretion it may terminate the Agreement at which time the full outstanding balance for the remainder of the Initial Term (including any current arrears) shall be due in full. The Member authorises the debiting company to add to the outstanding debt any additional fee’s reasonably incurred in collecting the debt upon initial referral to the debt collection/credit reporting agency.
12. 8 WEEK CHALLENGE SUSPENSION
Where a Member enters into a contract with EMPWR Training Hub to participate in an 8 week Transformation Challenge program, payments under this membership contract will be suspended for the duration of the Transformation Challenge program and the Initial Term of this contract will be extended by the 8 weeks period of theTransformation Challenge program.
13. OTHER SUSPENSION
Suspensions are available to you at any point and the Initial Term of your membership will be extended by the duration of the suspension. Maximum of 15 weeks per calendar year. If you wish to suspend your membership, you must give EMPWR Training Hub no less than one week’s email notice. An administrative fee of one off $5.00 every time a suspension is placed on your account.
14.CANCELLATIONS
a. Once the Initial Term of your membership expires, you or we may cancel your membership. If you wish to cancel your membership, you must give EMPWR Training Hub no less than one week’s email notice.
b. Upon cancellation, you must pay us any fees you owe or we may take action to recover them.
c. EMPWR Training Hub reserves the right to terminate this membership agreement for the following reasons:
* Failure to abide by any of the criteria listed in the rules of the Club.
* Action upon a complaint by either a Club member or an employee (or contractor) of EMPWR Training Hub where the member has engaged in misconduct which the Club believes justifies termination.
* Non payment of fees
d. Termination of this agreement will also terminate the Direct Debit Request Authority.
e. To cancel your membership before the end date of the Initial Term of your agreement for any reason you must pay an early termination fee of $500.00 or the remaining balances of the term whichever is less.
f. Memberships are not transferable, exchangeable or refundable.
15. BOOKING SYSTEM
a. EMPWR Training Hub requires all members who wish to attend a group exercise class (class) to make a booking to attend the class in advance.
b. EMPWR Training Hub will advise members of the system for booking the classes and reserves the right to vary the system at any time.
c. You must notify EMPWR Training Hub if you are unable to attend a class which you have previously booked no less than half an hour prior to the commencement of the class.
16. SUSPENSION FOR UNFORESEEN CIRCUMSTANCES
You agree that in the event of the Club becoming inaccessible owing to an event or circumstance which is beyond the control and without the fault or negligence of EMPWR Training Hub, including but not limited to: fire, flood, pandemic, infectious disease, government initiated lockdown, act of god, this membership will be automatically suspended from the date of such inaccessibility commencing until access to the Club is restored. During such a period of suspension, no membership fee will be payable. The term of this agreement will be extended by a period equal to the period of suspension.
17. CHILD-MINDING SERVICE
a. EMPWR Training Hub will provide a free child-minding service to members so that they can undertake a 9:30am class Monday-Friday (9:30am class).
b. The child-minding service will last for the duration of the 9:30am class.
c. The child-minding room will be staffed from 9:20am on each day the service is provided.
d. Members who attend the Club for a 9:30am class must ensure any child accompanying the member is in the child-minding room before the class commences. e. While EMPWR Training Hub will take reasonable steps to ensure children remain in the child-minding room, the parents of the child bear ultimate responsibility for ensuring the child remains in the room.
f. No food or drinks except water & formula can be brought into the child-minding room. g. While in the child-minding room, if your child becomes upset, is unable to be settled, misbehaves or needs a nappy change, our staff will inform you and you will have to stop class and come and attend to your child.
h. Unless you direct us otherwise, all toilet trained children will be assisted by EMPWR Training Hub staff to attend to the bathroom.
i. If your child has a bottle, dummy or comforter please let the staff know.
j. Bouncers are available for use in the child minding room; However, members may bring their own.
k. Unwell children, including but not limited to children with symptoms such as coloured phlegm, nasal mucus, raised temperature, coughing, and HFMD will not be allowed in the child-minding room and our staff will ask you to leave. Please respect the health of other children and our staff.
l. To the fullest extent allowed at law, you hereby release EMPWR Training Hub from any liability for any injury suffered by your child when in the child minding room. You hereby agree to indemnify EMPWR Training Hub for any loss or damage incurred by EMPWR Training Hub owing to or connected with the actions of your child when in the child-minding room.
18. GUARDIAN’S GUARANTEE
If you are less than 18 years of age then this Agreement must be executed on your behalf by your parent or guardian (your Guardian). In such event, and in consideration of EMPWR Training Hub at the request of your Guardian entering into this Agreement with you (which request your Guardian by its execution of this Agreement acknowledges), your Guardian hereby guarantees to EMPWR Training Hub the due and punctual payment of all moneys agreed to be paid pursuant to this Agreement and the due and punctual performance and observance by you of all the obligations and conditions therein contained.
