Terms & Conditions

SPECIAL CONDITIONS

∗ All Personal Training is offered in a semi-private environment.

∗ Coaching sessions cannot be carried over from week to week.

∗ We guarantee all members that your membership rate will never go up in the future as long as you stay a current member, or renew your membership within thirty days of expiration.

TERMS AND CONDITIONS

These are the Terms and Conditions on which WARRIOR THE CENTRE (“we” or “us” or “our”) is willing to provide membership to the Fitness Business to you. Any variation to these Terms and Conditions must be in writing and signed by our authorised officer.

THIS IS AN IMPORTANT INFORMATION – PLEASE ENSURE YOU READ IT CAREFULLY THIS IS PART OF YOUR MEMBERSHIP AGREEMENT

Contract Rectification

We have seven (7) days after the formation of this Agreement to rectify any error or miscalculation provided in this Agreement.

Cooling Off Period

After applying for membership, you have a 48 hour period (“Cooling Off Period”) during which you may cancel your membership.

Notice of termination must be given in writing within the Cooling Off Period. A refund equal to the Membership Fee and any additional amounts paid by you minus the Administration Fee and the cost of any fitness services already supplied to you will be given to you. The Cooling Off Period commences and expires at those times set out in the Membership Application.

Type of Agreement

The agreement which you are entering into with us is an Ongoing Agreement.

The effect of this Ongoing Agreement is that the Agreement and your obligation to pay membership fees will continue after the end of the Initial Term until this agreement is terminated by you upon giving to us seven (7) days written notice.

Termination

Termination within the Initial Term

You may only terminate this Agreement without additional fees prior to the expiry of the Initial Term with immediate effect by providing us with written notice if:

∗ we make changes to this Agreement which adversely affect you;

∗ we breach our obligations to you;

∗ you become subject to medical incapacity;

∗ you become unemployed;

∗ you become subject to job relocation;

∗ you otherwise become entitled to do so under consumer legislation.

Termination on expiry of the Initial Term

As you have an Ongoing Agreement your agreement will only terminate at the expiry of the Initial Term provided you give us written notice prior to the expiry of the Initial Term that you require same to terminate upon the expiry of the Initial Term.

Termination after the Initial Term

In the event this Agreement extends past the Initial you may after expiration of the Initial Term terminate this Agreement by providing us with seven (7) days written notice. In the event your membership fees have been prepaid any unused membership fees after the seven (7) day period will be refunded to you. In the event any fees are owing by you as at the date of termination you will still be required to attend to payment of those outstanding fees and failing payment we will be entitled to take action against you to recover those outstanding monies.

We may refuse your entry to the Fitness Business at any time in the event your membership payments are not up to date.

Termination when Changes made to Terms and Conditions

You are entitled to terminate this Agreement with immediate effect at any time by providing us with written notice if:

∗ we make amendments to these Terms and Conditions and you do not continue to use the Fitness Business as contemplated; or

∗ higher Membership Fees applicable to your personal membership are introduced.

No fees will be applicable for terminating in accordance with this clause apart from the Administration Fee, Membership Fees for the time you have been a member and any additional fees for fitness services already supplied.

Termination where we Breach our Obligations.

If we are in breach of our obligations under this Agreement and we have not remedied that breach within a reasonable time after you have notified us of our breach in writing, you are entitled to terminate this Agreement with immediate effect at any time by providing us with written notice. No fees will be applicable for cancelling in accordance with this clause apart from, to the extent not impacted by our breach, the Administration Fee (paid as at the time you became a Member), Membership Fees for the time you have been a member and any additional fees for fitness services already supplied.

Termination for Medical Reasons

In the event you become permanently sick and/or suffer a physical incapacity you may terminate this Agreement with immediate effect at any time by providing us with written notice of termination together with a medical certificate certifying your permanent sickness or physical incapacity . In this event, we will be entitled to retain the Administration Fee, Membership Fees for the time you have been a member and you must pay any additional fees for fitness services already supplied.

Termination of Employment (by employer)

In the event you become unemployed (by appointment of your employer) you may terminate this Agreement with immediate effect at any time by providing us with written notice of termination together with a letter from your former employer certifying your no longer employed in your current position. In this event, we will be entitled to retain the Administration Fee, Membership Fees for the time you have been a member and you must pay any additional fees for fitness services already supplied.

Termination for Relocation (by appointment of employer)

You may terminate this Agreement with immediate effect at any time by providing us with written notice if you are required to relocate your living arrangements, to an area outside 60 km from the Fitness Business for employment reasons. However, in that event, you are required to provide a letter from your employer certifying your relocation, or a letter of offer for the new position involving the relocation. In the event of termination on the basis set out in this clause 11 we will be entitled to retain the Administration Fee, Membership Fees for the time you have been a member and you must pay any additional fees for fitness services already supplied.

Termination Without Cause

You may terminate this Agreement with immediate effect at any time by providing us with written notice without Cause. However, in that event, unless we are in breach of our obligations under this Agreement, we will be entitled to retain the Administration Fee paid at the time you became a Member, Membership Fees for the time you were a member and, a Departure Fee equal to your current membership fees payable for any amount of the Minimum Term remaining (“Termination Fee”).

Fitness Business Rules

You must ensure you read, understand and abide by the Rules of the Fitness Business which are notified to you through signage, hand-outs or our website.

Right of Exclusion

We can refuse entry to the Fitness Business, cancel your membership and/or terminate this Agreement without warning or notice for inappropriate threatening or harassing behaviour, damaging equipment or facilities or use of illegal or performance enhancing drugs in the Fitness Business.

Payment of Fees

Direct Debit Service Provider: You acknowledge that, if you choose the periodic billing option, payment will be made in advance via the direct debit service provided by Ezidebit. You acknowledge that you have been provided with a copy of the Direct Debit Service Provider terms and conditions. You acknowledge that the Direct Debit Service Provider may amend those terms and conditions from time to time by giving 30 days notice by communicating an updated version on the Direct Debit Service Provider website, being www.ezidebit.com.au You may contact the Direct Debit Service Provider on +61 1300 763 256

Payment

All Membership Fees may be recovered from your nominated credit/debit account (as provided from time to time). Any bank fees charged to us because of a rejection when collecting your due membership fees may be charged directly to you by us or the Direct Debit Service Provider. If a Membership Fee payment remains outstanding, you agree that, unless we are in breach of our obligations under this Agreement, we or the Direct Debit Service Provider may continue to debit the nominated credit/debt account for the total amount due without notice to you.

Direct Debit Service Provider Fees

Membership Fees may include a fee payable for the service provided by the Direct Debit Service Provider.

Administration Fee

The Administration Fee is a fee used for all set up costs of a new or a renewing membership. The Administration Fee is not refundable, even if you choose to cancel your Membership Application during your Cooling Off Period.

Membership Fee Increase

If you have an Ongoing Contract then, subject to your rights, we reserve the right to increase Membership Fees however we will guarantee that your membership fees will not increase. However if your membership expires (includes trial membership) and you do not reapply for membership within 30 days then you will be subject to the new membership prices. We will not use this right to vary the terms on any special offer which applies to you.

Upgrading/Downgrading Membership

Upgrading or downgrading of membership is available to all members (with the approval of the Fitness Business). No termination fee will be applied in the event of an upgrade or downgrading of membership, however, your membership contract will be amended accordingly. Membership fees must be up to date and paid in full prior to any variation of your membership contract being approved.

Suspension

Membership suspension is available provided that all amounts payable for your membership are paid up to date. You can suspend your membership for travel, medical or other reasons permitted by the Rules upon provision of satisfactory supporting documentation. All suspensions must be applied for in writing to us at least fourteen (14) days prior to the commencement of the suspension period. Debit payments will only be suspended for the direct debits that fall within the suspension period. For the purposes of this clause, a Member shall be entitled to suspend their membership for a maximum of six (6) weeks in any period of membership.

Damages/Personal Injury Warning

Whilst in the Fitness Business you may suffer injuries including broken bones, soft tissue injuries and joint injuries. Any injuries suffered by you may occur as a result of weights striking you, collision with equipment or other members or as a result of you slipping on wet flooring.

Limitation of Liability, Release and Indemnity

In consideration of the grant of membership to you, entitling you to engage in fitness activities, you hereby:

∗ agree, to the extent permitted by law, to not hold us liable for any injury, death, illness or property damage, actions, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs and expenses however arising that you may have had but for this clause arising from or in connection with your involvement in fitness activities in the Fitness Business or using our facilities, services or products;

∗ agree that you will indemnify us to the extent permitted by law in respect of all actions, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs or expenses however arising as a result of or in connection with your involvement in fitness activities in the Fitness Business or from using our facilities, services or products, unless such matter arises as a result of our negligence.

Direct Debit Service Provider

You acknowledge that the Direct Debit Service Provider is not a party to this Agreement and its only role is to provide direct debit services to us. You may have separate rights against the Direct Debit Service Provider pursuant to the Direct Debt Service Provider terms and conditions. You otherwise agree not to hold the Direct Debit Service Provider liable for any actions, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs and expenses arising from or in connection with your involvement in fitness activities in the Fitness Business or otherwise in connection with this Agreement.

Risk Management

To mitigate risk and ensure that you correctly operate or use any of our facilities, services, products or equipment, including the adjustments of levels or settings on any equipment, you are required to undertake an instructional consultation with a member of our staff before use and to comply with all directions given by any authorised representative of the Fitness Business at all times.

Responsibility for Damage

You are solely responsible for any damage which you may cause to the Fitness Business, its facilities, services, products or equipment if such damage is caused by your wilful act and/or negligence.

Disclosure of your Physical Condition

Provision of a safe and effective exercise program is dependent upon accurate health and fitness profiling. You agree to disclose to us all relevant personal health and fitness information both prior to and during engagement in any exercise program, service or facility we provide to you, as a part of your membership. This is inclusive of any health risk assessment, initial and periodic fitness assessment and relevant information or recommendations provided by your medical or allied health practitioner/s. You further warrant and represent that you will not use the Fitness Business or any of our facilities, services or products whilst you are suffering from any infections or contagious illness, disease or other ailment or whilst you are suffering from any physical ailment such as open cuts or sores or minor infections where there is a risk, however small, to other members and guests. IN THE EVENT YOU BELIEVE THERE IS A RISK TO YOUR HEALTH BY PARTICIPATING IN A FITNESS ACTIVITY AT THE FITNESS BUSINESS YOU MUST INFORM US IN WRITING OF SUCH RISK.

Change of Details

You must keep us promptly informed of any change of address, phone contact numbers, email address, bank account and credit card details for payment and any other personal information that is relevant to your membership with us.

Contractors

Contractors and franchisees may provide services at the Fitness Business. Fees for such services are paid directly to the contractors and franchisees. We take no responsibility for the fees paid to these contractors and franchisees. You hereby agree not to hold us liable and you agree to indemnify us and keep us indemnified for any claims suffered by you as a result of an act or omission by a contractor or franchisee in the Fitness Business. Assignment You must not assign any rights or benefits under these Terms and Conditions unless you have obtained our prior written consent. We may assign or transfer any rights or benefits under these Terms and Conditions at any time without notice to you. However, we will remain liable to meet our obligations to you under these Terms and Conditions and this Agreement. Intellectual Property These Terms and Conditions do not give you any intellectual property rights in the Fitness Business, or in our facilities, services or products. Privacy Statement and Acknowledgement During the process of entering into this Agreement with you and during the term of this Agreement we will obtain access to certain types of your personal information, such as information relating to your health and financial position. We will only use and the Direct Debit Service Provider will only use, disclose or deal with such information in accordance with our Privacy Statement. A full copy of our Privacy Statement is shown on our website. Governing Law These Terms and Conditions are governed by, and you agree to submit to, the laws of Queensland. Variation We may, subject to your rights in clause 7, alter these Terms and Conditions or the Rules at any time upon thirty (30) days written notice. All use of our Fitness Business and its facilities, services and products after the date specified in such notice will be subject to such altered Terms and Conditions or Rules. If you continue to use our Fitness Business and its facilities, services and products after the date such alterations become effective or otherwise demonstrate by your conduct that you agree to the altered Terms and Conditions or Rules, you will be deemed to have agreed to the altered Terms and Conditions or Rules.

Your Obligations

You acknowledge that the Consumer Credit Code does not apply to these Terms and Conditions.

If, at any time:

∗ you believe that you may not or may be unable to perform or comply with your obligations under these Terms and Conditions;

∗ you are unable to pay your Membership Fees, including any instalment of Membership Fees, as they fall due for payment;

∗ a cheque received from you is dishonoured;

∗ you are or become bankrupt; or

∗ your Membership Fees are overdue and are not paid in accordance with these Terms and Condition

In circumstances where we have not breached our obligations under this Agreement, you agree that:

∗ you will immediately notify us that one or more of the above notifiable events has occurred and you will keep us notified on a monthly basis until such notifiable event no longer exists;

∗ we have no obligation and will cease to allow you to use any of our services or products available to you under your membership while a notifiable event exists;

∗ we may terminate this Agreement with immediate effect by providing you with written notice;

∗ we may request payment in advance for the remainder of the term of your membership; and

∗ we have no obligation to respond to any offer you make to extend or renew your membership while a notifiable event exists.

Severability

If any part of this Agreement is or becomes illegal, void or unenforceable, this does not invalidate the rest of this Agreement.

PRIVACY STATEMENT

Warrior Performance Centre (“we” or “us” or “our”) respects your privacy and we are committed to the protection of personal information. We follow the National Privacy Principles in the Privacy Act 1988 (Cth).The purpose of this Privacy Statement is to let you know how we collect, use and disclose personal information.

Collection

We collect personal information so that we can provide you with our services and products and to manage our activities. We only collect personal information that is relevant and where necessary. The type of personal information we collect will depend upon the reason for its collection. Generally, for the provision of health and fitness services this may include address and contact details, date of birth, next of kin, health service provider details and medical record details. If you are interested in our services and products, the type of information we collect will include financial details. We collect personal information about you in a number of ways including:

∗ directly from you, such as when you: contact us about our services or products; fill in an membership application form; subscribe to our newsletters or mailing lists; enter your personal details on our website (for example during registration or application for membership); provide information by phone or in documents sent by fax or email; enter promotions, competitions or giveaways; or make a payment or donation to us;

∗ from other health professionals;

∗ from organisations which we might be working together with when providing you with services or products;

∗ from your representatives including guardians, trustees, executors and attorneys;

∗ from publicly available sources of information;

∗ from credit reporting and fraud checking agencies and credit providers for credit related purposes such as credit worthiness, credit rating, credit provision and financing;

∗ from our own records of your dealings with us; or

∗ when legally required to do so.

Where reasonable and practicable, we collect personal information directly from you rather than a third party. In an emergency, we may need to collect information from a family member, friend, carer or other person. When we collect personal information, we collect it in a way that is lawful, fair and not intrusive. We do not collect sensitive information about you without your consent.

Use & Disclosure

Except as provided for in the case of our Direct Debit Service Provider below, personal information which we have collected for a particular purpose will not be used for any other purpose, unless the purpose is related to the main purpose for which we collected the information and you would reasonably expect us to use or disclose the information for that other purpose. Personal information which we collect may be used by us:

∗ to identify y1ou;

∗ in providing services or products to you and the administration and management of those services and products;

∗ to provide you with information about our services and products;

∗ to develop and improve our services to you;

∗ for fundraising purposes;

∗ in undertaking risk assessment and management; or

∗ in gathering data and disclosing data to third parties such as: insurance brokers and insurers; credit reporting agencies; financial institutions including our own bankers; our professional advisors, including our accountants, auditors and lawyers; service providers; and

∗ industry groups having a legitimate reason to receive such information, as necessary from time to time for our organisation’s functions.

Personal information which we collect may be provided to the Direct Debit Service Provider and used by the Direct Debit Service Provider for the purpose of assisting to service its products and for promoting its other products and services. If you provide us with personally identifiable information, you may receive from time to time, telephone calls, emails or letters containing information about us. You agree to receiving emails and letters from us including information not only on the areas of interest you have indicated but all types of news and information on our services and products. If you do not want to receive them, please contact us. You may be asked to indicate your preference to receiving promotional material, when submitting information to us. We may employ other companies or individuals to assist us in providing our services, or to provide certain services such as analysing customer lists, providing marketing assistance or consulting services. These third parties may have access to information needed to perform their function but, except in the case of the Direct Debit Service Provider as referred to above, cannot use that information for other purposes. We do not provide any personal information to any third parties other than where required by law or as set out in this Privacy Statement. We will not sell, trade or rent your personal information to others. We may provide aggregate statistics about our customers and users of our website to third parties such as advertisers, but these statistics will include no personally identifying information. We co-operate with law enforcement agencies as required by law. We will also use or disclose personal information if we reasonably believe that it is necessary to lessen or prevent a serious or imminent threat to the life or health of a person.

Security

All reasonable steps are taken to ensure that all information is treated confidentially, kept secure and protected against unauthorised use, modification or disclosure and is maintained only for the purpose for which it is intended. Your email address will not be distributed to any third party apart from the Direct Debit Service Provider. We use secure data communications technology. You have the rights given by the Privacy Act 1988 (Cth) as amended.

Anonymity

Where possible, we give you the opportunity to deal with us anonymously. We may not however be able to provide you with our full range of services and products if you do not provide us with personal information.

Access

All reasonable steps are taken to correct the information we hold where that information is not accurate, up-to-date and complete.

You have the right to access your personal information to ensure that it is accurate, relevant, up to date and complete. If you believe that any of your personal information is incorrect, please let us know. There is no fee for requesting access to your information, however, we may charge you the reasonable cost of processing your request. We may decline access to your personal information in special circumstances, such as where allowing you access could put you or another person at risk of harm, infringes on the privacy of another person or if we believe that your request for access is unlawful, frivolous or vexatious.

Intellectual Property

Intellectual property in all material sent to you belongs to, is licensed to or is authorised for use by us. We permit you to print or download extracts from this material for your personal use only. None of this material may be used for any commercial or public use, stored in or transmitted to any other website or distributed in any other form without our prior permission.

Cookies

Cookies that are used in any part of our website will not be utilised for collecting personally identifiable information and will only be used for internal management purposes.

Links

Our website may from time to time contain links to the websites of other organisations which may be of interest to you. If you access linked sites, you do so at your own risk. We do not operate or control these third party sites and we are not responsible for their contents, operation, privacy, accuracy or security policies. This Privacy Statement does not cover any linked sites.

Contact Us

If any personal information you submit changes, please update that information by contacting us. We may from time to time make changes to this Privacy Statement. The latest version of our Privacy Statement is available on our website. You can also contact us to obtain a copy our Privacy Statement. Requests for information about our Privacy Statement are welcomed.

For further information on our Privacy Statement please contact: Luke Goodale, Owner and Founder of Warrior the Centre Phone – 0429 012 398

 

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