This agreement is subject to a 48 hour cooling off period.
This is an ongoing membership agreement. The agreement will continue until either you or Get Motivated Health and Fitness terminate it in the way described in the agreement. If an automatic debit arrangement is in place, membership fees will continue to be debited from your credit card bank account until you notify Get Motivated Health and Fitness to cancel this arrangement by notifying your Financial Institution If you terminate the agreement or stop the automatic debit arrangement in a manner not described in the agreement, then you may be liable to pay Get Motivated Health and Fitness for damages for breach of agreement.
ACKNOWLEDGEMENT RELEASE AND ASSUMPTION OF RISK
WARNING: this is an important document which affects your legal rights and obligations. Please read it carefully and do not sign unless you are satisfied that you understand it.
MEMBERSHIP
Nature of Membership Your membership permits you to use Get Motivated Health and Fitness premises, facilities, equipment and services (Facilities) as shown and limited by the membership identified. Your membership is non-transferable by you unless deemed appropriate by Get Motivated Health and Fitness management. Get Motivated Health and Fitness reserves the rights to sell memberships at different rates and terms.
Membership Freezes: Get Motivated Health and Fitness will only freeze your membership if you qualify under the membership freeze policy set out by the Club. To
be eligible for a membership freeze you
must be in good standing with all processing and enrolment fees paid and you must be current on your monthly fees. Membership Transfer – Members are able to transfer to a non member. A $35 transfer fee
is payable by the incoming member on transfer of the membership.
(a) Membership at the existing club has been for a period of at least 3 months. (b) Direct Debit membership is not in arrears for any fees or services.
Get Motivated Health and Fitness reserves the right to terminate their privileges in the event of the following: (a) A membership is not renewed prior to its expiry date.
(b) A Direct Debit membership is in arrears for any fees or services.
(c) A member’s conduct is improper or harmful to the best interest of Get Motivated Health and fitness and/or its members.
FEES
You agree to pay the fees as set out in this Agreement and agree to be bound by the direct debit terms and conditions as described in this Agreement. DISHONOUR FEE
A member is subject to a $15.00 administration fee in the event that a weekly/fortnightly Direct Debit membership payment is dishonoured by their financial institution.
MEMBERSHIP FEE INCREASE
Get Motivated Health and fitness reserves the right, at any time, to change the fees charged to members for use of the Facilities. Get Motivated Health
and fitness agrees to use reasonable endeavors to provide you with written notice of the changes at the most current address you have supplied. The changes will take effect 30 days after the notice has been received by you. We deem receipt to have occurred 2 business days after the notice was posted. At the end of the 30 day period, you authorise Get Motivated Health and fitness and/or the direct debit company to debit the new amount to your account.
CANCELLATION, TERMINATION AND REFUND
48 Hour cooling off period: You can cancel your membership within 48 hours after signing this Agreement by advising the Club manger in writing. If you do, Get Motivated Health and fitness will refund all money you paid within 10 days of when the business receives the notice. An administration fee of $75, or
10% of fees paid (whichever is lesser) is payable if you exercise your right to the 48 hour
cooling off period. Basic Cancellation Rights and Refund: You may cancel your membership and receive a refund of any unused prepaid monthly
Fees if you qualify as follows:
(a) Permanent Sickness or Physical Incapacity: Your disability must physically prevent you from using any of the Facilities and a licensed physician must verify this fact in writing.
In case of death, your estate must provide written evidence. In either case, Get Motivated Health and fitness will refund any unused prepaid monthly
Fees.
(b) Termination of Monthly Membership: If you have a monthly membership you
may terminate it at any time upon (i) written notice to Get Motivated Health and fitness ; and
(ii) return of your
membership access card/key when your membership ends. Your monthly membership
ends 30 days following the day Get Motivated Health and fitness receives written notice. Any notice of termination must be received at least two (2) days before your EFT bill date to allow Get Motivated Health and fitness sufficient time to process your termination. Get Motivated Health and fitness will apply your prepaid last month Fees to your last month.
(c) Termination of Prepaid Membership: If you have a prepaid membership, you may not terminate it during the prepaid period (or get a
refund), except for the reasons stated
in section 4(a) and 4(b). If you do not renew your prepaid membership by the renewal date, your prepaid membership automatically expires.
(d) Termination for Cause by Get Motivated Health and fitness : Get Motivated Health and fitness may, at its option, terminate your membership if
(i) you fail to make timely payments under any payment plan; (ii) any monthly payments
or fees are late; (iii) you fail to follow any of Get Motivated Health and fitness membership policies or Club rules or violate any part of this Agreement;
or (iv) your conduct is improper or harmful to
the best interest of Get Motivated Health and Fitness or its members. Termination is effective on the date Get Motivated Health and Fitness email/mails a written notice to your last known address. You are liable for all financial obligations until that date. If you prepaid your fees, Get Motivated Health and Fitness will not refund any unused portion, and you must immediately return your membership access card/key.
(e) Effect of Termination & Financial Obligation: Upon cancellation or termination, your
right to use the Facilities ends and Get Motivated Health and Fitness can deny you access to any Get Motivated Health and Fitness club. Any money owing to Get Motivated Health and Fitness when your membership ends, remains immediately due and payable and Get Motivated Health and Fitness will deduct the amount outstanding from any refund for which you are eligible. If there is not enough money to cover the debt in the refund, you must pay the balance.
UNSTAFFED HOURS
Get Motivated Health and Fitness operates on a 24/7 basis and is accessible by members during unstaffed hours. As a member utilising the Facilities you acknowledge that you enter and use the
Facilities at your own risk. If you feel there is a risk to your personal property, health and safety or you have any other concerns regarding the undue effect of exercising in an unstaffed facility, then DO NOT sign this Agreement.
STAFFED HOURS
The staffed hours for the Club are displayed at the entrance to the Club. Get Motivated Health and Fitness reserves the right to make amendments to staffed hours at any time without notice.
VIDEO SURVEILLANCE
For security purposes, Get Motivated Health and Fitness uses video surveillance equipment to monitor the Club on a 24 hour basis. By signing this agreement you acknowledge that by accessing the facility you
will be subject to video surveillance and recording. Video surveillance is limited to the floor area only, and is not within the walls of the bathrooms or client screening rooms.
ORIENTATION
It is a condition of this Agreement that you participate in a scheduled member orientation program. The orientation focuses on the safe and correct use of the equipment provided at the Club.
Get Motivated Health and fitness may suspend or terminate this Agreement in the event of unsatisfactory completion of the Club orientation prior to the commencement of exercise.
ACKNOWLEDGEMENT OF RISKS, INJURY AND OBLIGATION
I acknowledge that the activity I am to undertake is a dangerous activity and that by participating in it I am exposed to certain risks. I acknowledge and understand that whilst participating in such activity I may be in injured, physically or mentally or may die.
My personal property may be lost or damaged.
Other persons participating in such activities may cause me injury or may damage my property. I may cause injury to other persons or damage their property.
The conditions in which the activity is conducted may vary without warning.
I may be injured or die or suffer damage to my property as a result of the negligence or breach of contract of the Fitness Centre Operator. There may be no or inadequate facilities for treatment of me if I am injured.
I assume the risk of and responsibility for any injury, death or property damage resulting from my participation in the activity.
EQUIPMENT
You understand and acknowledge that Get Motivated Health and Fitness purchases or leases the equipment from a third party and therefore does not manufacture any of the fitness or other equipment used in the Club. You understand and acknowledge that Get Motivated Health and Fitness is providing recreational services and may not be held liable for defective products or equipment.
PHYSICAL CONDITION AND NO MEDICALADVICE
You represent that you are in good physical condition and have no medical reason or impairment that might prevent you from your using the equipment at the Club. You acknowledge that Get Motivated Health and Fitness did not give you medical advice before you used the equipment, and cannot give you any medical advice after you use the equipment. If you have any health or medical concerns now or after you join as a member of the Club, you must discuss them with your doctor before using the equipment.
LIABILITY FOR PROPERTY
Get Motivated Health and Fitness is not liable to you for any personal property that is damaged, lost, or stolen while
On or around the Club including, but not limited to, a vehicle or its contents or any property left in an open locker. If you cause damage to the Club or any equipment you are liable to Get Motivated Health and Fitness
for its cost of repair or replacement.
CHANGE OF DETAILS
You must provide us with any changes to your details which are relevant to your membership.
ENTIRE AGREEMENT AND ENFORCEMENT
You acknowledge that neither Get Motivated Health and Fitness nor any other party has made any representations or promises upon which you have relied when entering this agreement. This document contains
the entire agreement between you and Get Motivated Health and Fitness and replaces any oral or other written agreement. Any manual or hand written changes to this
agreement are not valid. If a court declares any part of this agreement invalid, it will not invalidate the remaining parts, which continue unaffected. If Get Motivated
Health and Fitness does not enforce any rights in this agreement for any reason, Get Motivated Health and Fitness does not waive its right to enforce it later.
RELEASE AND INDEMNITY TO THE FITNESS CENTRE OPERATOR
In consideration of the acceptance of my payment for participating in the activity, I agree to release and indemnify Get Motivated Health and Fitness as follows:
Participate in the activity at my sole risk and responsibility.
Release, indemnify and hold harmless Get Motivated Health and Fitness, it’s 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 rising out of any injury, loss, damage or death caused to me or my property whether by negligence, breach of contract or in any way whatsoever.
I also agree that in the event that I am injured or my property is damaged, I will bring no claim, legal or otherwise, against Get Motivated Health and Fitness in respect of that injury or damage.
I have read and understood that it affects my legal rights.