Terms and Conditions

Belgravia Leisure Membership Agreement

1. INTRODUCTION

This document outlines the rights and responsibilities relating to the Member’s entitlements during the Membership Period to use of the Centre’s facilities. It also relates to the member’s authority to Belgravia Health and Leisure Group Pty Ltd to directly debit the nominated bank account or credit card for any instalments or fees due under the terms and conditions of this Membership Agreement and DDR together with the terms and conditions in the Membership booklet. These terms are stated below.

2. DEFINITIONS

In this Agreement unless the contrary intention appears:

• The singular includes the plural and vice versa.
• A reference to a party includes that party’s legal personal representative heirs and assigns
• “Member” includes the parent or guardian of the Member if the Member is under 18 years.
• “Centre” means the Belgravia Leisure Managed Facility named on the Direct Debit Request (DDR) and Contract that this booklet refers to.
• “Belgravia Leisure” is Belgravia Health and Leisure Group Pty Ltd, 20 Longstaff Rd, Bayswater, Vic 3153, Phone: 03 8727 7777, E-mail: contactus@belgravialeisure.com.au. All queries and comments about the Services provided under this Membership Agreement should be directed to the Centre. All queries and comments about the direct debit billing service should be directed to the Centre or Belgravia Leisure. The Member acknowledges that Belgravia Leisure will collect the fees due under this Membership Agreement if paying by way of direct debit, and also acknowledges that all rights of the Centre under this Membership Agreement are able to be enforced by Belgravia Leisure as if it were the Centre without any involvement on the part of the Centre or the consent of the Member.

3. LEGALLY BINDING AGREEMENT

The member acknowledges and agrees that:

• The Direct Debit Request (DDR) and Contract including the Membership booklet are legally binding whether the use of the Centre and its services is determined and paid on a yearly, monthly, weekly or individual basis,
• The membership must remain current in order to avoid paying the joining fee again,
• They declare that they are physically and medically fit and capable to engage in exercise and fitness programs at the Centre, and have and will inform instructors of any condition or risk that may have an effect on their ability to participate in any exercise or fitness program prior to commencement,
• They are 18 years of age or older at the time of signing, and not under any other legal disability. If not, a parent or adult guardian will sign also.

4. RECEPTION AND ACCESS

• All members must swipe or present their card at reception every time they attend the Centre.
• Members must advise any changes of address and phone number.
• The facilities are available to the general public and not exclusively for members.

5. GENERAL CONDITIONS OF ENTRY

To ensure the Centre is able to provide a high level of service in a safe, healthy and pleasant environment for all, members must comply with the following conditions:

• Entry will be refused or a person requested to leave the Centre if the person: i. is abusive or uses offensive language or whose behaviour is threatening or ii. is under the influence of drugs or alcohol.
• No smoking is permitted in the Centre.
• No chewing gum permitted in the Centre. d. Sweat towels must be used at all times.
• Weights must be returned to their correct place after use.
• Correct training attire and runners must be worn in the Centre – no jeans, work clothes, boots, sandals, thongs, or clothing that is likely to cause offence to others are permitted.
• No person under the age of 16 is allowed in the Centre unless accompanied by a guardian or qualified instructor.
• No food allowed in the gym or group exercise classes.
• No entry to a group exercise class 5 minutes after it starts.

6. LOCKERS (where provided)

• All items stored in the lockers are at your risk and we do not accept responsibility for items lost, damaged or stolen.
• Bags are not permitted in the Centre unless placed in the lockers provided.

7. CANCELLATION / TERMINATION

a. Cooling Off Period:

The Direct Debit Request (DDR) and Contract is subject to a 7 day cooling off period:

• The cooling off period commences at the close of business on the “Commencement Date”.
• The cooling off period is 7 days.
• The cooling off period ends at close of business on the 7th day after the “Commencement Date”.
• New members have the right to cancel their membership within the cooling off period if they are not completely satisfied with the services and programs.
• All monies will be refunded on a pro rata basis with the exception of fees for an Administration Fee whichever is the lesser of up to 10% of the Membership Fee or $60.
• All cooling off cancellations must be in writing to the Manager.

b. Permanent Disability:

• Upon providing written advice of a permanent disability or serious illness, along with a letter from a medical practitioner detailing the disability or illness, the Centre may agree to cancel the membership effective from the day of notice for an Administration Fee of up to 10% of the Membership Fee.
• All monies will be refunded with the exception of charges for services already delivered.

c. Direct Debt Membership

ALL CANCELLATION REQUESTS MUST IN THE FIRST INSTANCE BE DIRECTED TO THE CENTRE.

• Cancellations inside the Minimum Term – The Member may terminate their Membership Agreement before the expiry of the minimum term or payments if all the instalments and fees due up to the date of termination are paid, and in addition the cancellation fee of 25% of the total remaining instalments is paid to Belgravia Leisure or the Centre.
• Cancellations after completion of the Minimum Term – After the expiry of the minimum term or payments, and after all instalments and fees due have been paid in full, should the box on the front of the Direct Debit Request (DDR) and Contract requesting termination at minimum term be marked then the Direct Debit Request (DDR) and Contract shall automatically terminate. Should the box on the front of the Direct Debit Request (DDR) and Contract requesting termination after the minimum term not be marked, then the Direct Debit Request (DDR) and Contract shall continue indefinitely until such time as the Member makes a request, after the expiry of the minimum term for it to terminate. Any instalments/fees due at the date of termination (including instalments/ fees which fall due during the notice period) will remain a debt owed to and recoverable by Belgravia Health and Leisure Group Pty Ltd. There will be a period of notice of 30 days unless otherwise specified by the Centre between the date of request and the date of actual termination during which any payments due must still be paid in full. The Member should contact Belgravia Leisure or the Centre if they have not received written confirmation of the termination within the 30 day period. The Member shall not consider that the Direct Debit Request (DDR) and Contract has been terminated until such time as this is confirmed in writing to the Member by Belgravia Leisure (not more than 14 days after the termination date). Termination of the Direct Debit Request (DDR) and Contract will also terminate the Direct Debit Request Authority.

Paid in Full Memberships

• If you decide to pay your membership in full, there will be no refunds available if you wish to terminate your membership prior to the end of your agreement.
• If you purchase a paid in full memberships you have the ability to transfer the remaining time on your memberships agreement to another person for a set fee as outlined in condition 8.
• Paid in full memberships cannot be transferred between Genesis clubs at any time.
• We agree and will refund any paid in full memberships or any other fees that the law requires.
• Upon providing written advice of a permanent disability or serious illness, along with a letter from a medical practitioner detailing the disability or illness, the Centre may agree to cancel the membership effective from the day of notice…in such a case the balance of the unused portion of the membership less the Administration Fee shall be refunded to the Member.

8. TRANSFER OF MEMBERSHIP BY THE MEMBER

• Transfer of membership will only be permitted from a member to a non-member and will incur a Transfer Fee of $55. If paying by Direct Debit, this fee is payable to the Centre.
• Transfers between Centres will be by agreement of the Manager of the Centre to which the member wishes to transfer to.

9. REPLACEMENT CARD FEE

If a Membership Card is lost, destroyed or damaged and requires replacement a Replacement Card Fee of $5.00 payable to the Centre will apply.

10. ADDITIONAL FEES FOR SPECIAL SERVICES

Some services require an additional fee and these include personal training, crèche and swimming lessons.

11. DAMAGE TO THE CENTRE

Any member who willfully or through their negligence damages the Centre or its property will pay for the damage. Members are responsible for damages caused by their guests and children.

12. SAFETY, MAINTENANCE & SERVICE DEMAND

The Centre may from time to time as reasonably necessary:

• closes off any part of the premises or isolates any piece of equipment for maintenance or safety reasons;
• change the hours of opening and closing or alter class timetables in accordance with demand; or
• vary Centre rules. Where this occurs the Centre will provide reasonable notice on the Centre notice boards or at reception.

13. DAMAGE & PERSONAL INJURY

Disclaimer. To the extent permitted by law, the Centre and Belgravia Leisure excludes any liability to the Member in Membership Agreement, tort, statute or in any other way for any injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by the Member and/or any other person, or for any costs, charges or expenses incurred by the Member, arising from or in connection with the Direct Debit Request (DDR) and Contract and/or the services/products provided by the Centre and/or Belgravia Leisure, and/or any act or omission of the Centre and/or Belgravia Leisure.

Warning under the Fair Trading Act 1999 (Victorian Memberships Only)

• If you participate in these activities your rights to sue the supplier under the Fair Trading Act 1999 if you are killed or injured because the activities were not supplied with due care and skill or were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in or on this notice/appointment.

NOTE: The change to your rights, as set out in or on this notice, does not apply if your death or injury is due to gross negligence on the supplier’s part. “Gross negligence” is defined in the Fair Trading (Recreational Services) Regulations 2004b. Under the provisions of the Fair Trading Act 1999 several conditions are implied into Membership Agreements for the supply of certain goods and services. These conditions mean that the supplier named on this form is required to ensure that the recreational services it supplies to you are:

• rendered with due care and skill; and*as fit for the purpose for which they are commonly bought as it is reasonable to expect in the circumstances; and
• reasonably fit for any particular purpose or might reasonably be expected to achieve any result you have made known to the supplier.

Under section 32N of the Fair Trading Act 1999, the supplier is entitled to ask you to agree that these conditions do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Fair Trading Act 1999 if you are killed or injured because the services were not rendered with due care and skill or they were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in this form.

NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part. “Gross negligence” is defined in the Fair Trading (Recreational Services) Regulations 2004.

14. SEVERABILITY

In the event any part of this Direct Debit Request (DDR) and Contract being or becoming void or unenforceable then that part shall be severed from the Direct Debit Request (DDR) and Contract with the intention that the balance of the Direct Debit Request (DDR) and Contract shall remain in full force and effect, unaffected by the severance.

15. SUSPENSION

Suspension may be possible under the terms of the Direct Debit Request (DDR) and Contract. You may suspend for a minimum of 1 week at a time so long as the total time suspended within the minimum term does not exceed 6 weeks. In order to suspend you must contact the Centre manager in writing with reasonable notice (at least 3 days) prior to the date of suspension, and all suspension requests must include a start date and an end date. There is a charge of $5.00 per week dependant on the type of membership while the Agreement is suspended. Any time spent on suspension will be added onto the minimum term of the Agreement so that the amount payable shall still be payable regardless of any suspension or suspension charges made.

16. BREACH OF TERMS & CONDITIONS

Any breach of these terms and conditions will result in a warning and any further breach will result in a second warning and your membership may be suspended or terminated. A proven serious breach of the general conditions of entry under Clause 5 may result in immediate termination of your membership without warning. The Member, Belgravia Leisure and the Centre each hold reciprocal rights of termination for a material breach of any term or condition of this Membership Agreement. The Membership Agreement will be terminated upon receipt of written notice outlining the relevant breach.

17. TRANSFER OF MEMBERSHIP BY THE CENTRE

• The Centre will have the right to assign or novate the Membership Agreement to a third party in the event of the sale of the business.
• The Centre may relocate to another premise within a 5 kilometre radius and the location at which the services are provided may change during the term of the agreement. In the event of a) or b) occurring you agree that the Direct Debit Request (DDR) and Contract will continue with the new third party and/or at the new location.

18. PAYMENTS BY DIRECT DEBIT

If paying by Direct Debit the Member agrees to pay the instalment amount at the agreed payment frequency until the Direct Debit Request (DDR) and Contract is terminated in accordance with Clause 7 above. Should there be any arrears in payments the Member authorises Belgravia Leisure to debit the outstanding balance in order to bring the account up to date.

19. ADMINISTRATION FEE (DIRECT DEBIT)

If paying by Direct Debit, a one-off Administration fee of the value indicated on the front page of the Direct Debit Request (DDR) is payable to Belgravia Leisure by the Member on signing of the Direct Debit Request (DDR) and Contract.

20. PRIVACY

A Customer’s “personal information” (as that term is defined in the Privacy Act 1988 (Cth)) will only be used by the Centre or Belgravia Leisure to provide you with the services contemplated by the Direct Debit Request (DDR) and Contract or in accordance with your selection relating to the Privacy disclaimer on the front page of the Direct Debit Request (DDR) and Contract. Belgravia Health and Leisure Group Pty Ltd Privacy Statement is to be found on its website www.belgravialeisure.com.au.

21. CREDIT/DEBT REPORTING AGENCIES

If paying by Direct Debit, upon default by the Member in regard to any obligation under the Direct Debit Request (DDR) and Contract and failure to remedy the default after notification by Belgravia Leisure or the Centre, the Member authorises Belgravia Leisure or the Centre to notify any debt collection/credit reporting agency of the default. Should this occur then at Belgravia Leisure’s sole discretion it may terminate the Membership Agreement at which time the full outstanding balance for the remainder of the minimum term or payments (including any current arrears) shall be due in full. The Member authorises Belgravia Leisure to add to the outstanding debt a fee of $50 and an amount equivalent to 25% of the full outstanding balance (being Belgravia Leisure’s expenses reasonably incurred in collecting the debt) upon initial referral to the debt collection/credit reporting agency.

22. INCREASE IN FEES

If paying by Direct Debit, Belgravia Leisure may at any time AFTER the end of the minimum term, upon sending written notice to the Member’s last known address and giving 14 days notice, increase the instalment amount. If the Member wishes to terminate the Direct Debit Request (DDR) and Contract as a result of the increase in the instalment amount, the Member must notify Belgravia Leisure or the Centre in writing within 14 days of the date of the written notice sent by Belgravia Leisure. The Membership Agreement will be terminated upon receipt of this notice. If the Member does not notify Belgravia Leisure or the Centre of its intention to terminate the Direct Debit Request (DDR) and Contract within such specified time period, then the Direct Debit Request (DDR) and Contract will remain in force and the increase in the instalment amount will be deemed to be accepted by the Member.

23. ENTIRE AGREEMENT

The Direct Debit Request (DDR) and Contract including the Membership booklet, constitute the entire agreement, understanding and arrangement (express and implied) between the Member, the Centre and Belgravia Leisure relating to the subject matter of the Direct Debit Request (DDR) and Contract and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.

24. STATE SPECIFIC CONDITIONS APPLICABLE TO WESTERN AUSTRALIAN MEMBERSHIPS ONLY

Clause 7.a is presented as follows:

• The Direct Debit Request (DDR) and Contract is subject to a 7 day cooling off period

Clause 7.c.i.2 is presented as follows:

• Cancellations after completion of the Minimum Term – After the expiry of the minimum term or payments, and after all instalments and fees due have been paid in full, should the box on the front of the Direct Debit Request (DDR) and Contract requesting termination at minimum term be marked then the Direct Debit Request (DDR) and Contract shall automatically terminate.
• Should the box on the front of the Direct Debit Request (DDR) and Contract requesting termination after the minimum term not be marked, then this is an ongoing membership agreement. The agreement will continue until either you or the supplier terminates 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 or account until you or your fitness Centre cancels the arrangement by notifying your bank or credit provider. 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 the fitness Centre for damages for breach of contract.
• Any instalments/fees due at the date of termination (including instalments/fees which fall due during the notice period) will remain a debt owed to and recoverable by Belgravia Leisure. There will be a period of notice of 30 days unless otherwise specified by the Centre between the date of request and the date of actual termination during which any payments due must still be paid in full. The Member should contact Belgravia Leisure or the Centre if they have not received written confirmation of the termination within the 30 day period. The Member shall not consider that the Direct Debit Request (DDR) and Contract has been terminated until such time as this is confirmed in writing to the Member by Belgravia Leisure or the Centre (not more than 14 days after the termination date). Termination of the Direct Debit Request (DDR) and Contract will also terminate the Direct Debit Request Authority.

25. ADDITIONAL TERMS AND CONDITIONS RELATING TO 24/7 ACCESS IF PROVIDED

If the Membership type provided includes 24/7 access to the Centre then the provisions of this clause 25 apply to the membership:

• 24/7 Centre’s are unmanned facilities for periods of time and as such if you participate in activities in these facilities you are exposing yourself to the potential for serious injury including death. As such you should take note that your rights to sue the supplier if you are killed or injured because the activities were not supplied with due care and skill or were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in or on this notice/ appointment.
• The member expressly indicates an understanding of the risks associated with undertaking activities in an unmanned and unsupervised Centre and hereby releases, indemnifies and holds harmless Belgravia Leisure, their respective owners, officers affiliates, agents and employees in the event that I suffer personal loss, am injured or killed in the Centre. 2
• Further, the member provides this release whether it arises from the negligence of the releases or otherwise and does so with the intention that this release shall be as broad and inclusive as the laws of the state allow.
• The member acknowledges and agrees that they may not admit guests at any time to the 24/7 Centre. Furthermore, the member agrees that if this clause is breached then the following provisions shall apply:
• Upon a first breach the member’s access to the 24/7 Centre shall be immediately suspended for a period of 14 days without any notification to the member
• Upon any subsequent breach the member’s membership shall be immediately cancelled and the member agrees to pay a cancellation fee of $220 or 50% of the remaining membership fees due and payable under the terms of the agreement, whichever is the higher.

DDR TERMS AND CONDITIONS

This DDR Service Agreement is designed to explain what your obligations are when undertaking a direct debit arrangement involving Debitsuccess. It also details what our obligations are to you and forms part of the terms and conditions of your Direct Debit Request and should be read in conjunction with your Direct Debit Request.

1. Initial Terms - I/We authorise Debitsuccess Pty Limited (ACN: 095 551 581) (Debitsuccess) APCA User ID 184534 to make periodic debits on behalf of the “Business” as indicated on Direct Debit Request. I/We acknowledge that if specified by the Business, in addition to the agreed periodic debits set out in the Direct Debit Request, administration/setup, variation, reversal, dishonour, or processing fees may also apply and be debited under the Direct Debit Request as instructed by the Business.
2. Relationship - I/we acknowledge that Debitsuccess has been contracted by the Business to collect the payments due under the agreement that I/we have entered into with the Business pursuant to which I/we have agreed to pay for goods/services provided by the Business (Agreement). All payments due by me/us to the Business shall be made to Debitsuccess. I/We acknowledge that Debitsuccess is acting as an agent of the Business and that Debitsuccess does not provide any goods or services, and has no express or implied liability in relation to the goods and services provided by the Business or the terms and conditions of any agreement with the Business. I/We acknowledge that Debitsuccess sole responsibility is to make periodic debits as set out in the Direct Debit Request.
3. Cleared Funds - I/We acknowledge that is my/our responsibility to ensure that there are sufficient cleared funds in the nominated account by, and at all times on, the due date of the payment (Day to Debit) to enable the direct debit to be honoured on the Day to Debit. 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 when the debit is attempted, I/we agree that I/we will be responsible for any fees and charges that may be charged by my/our Financial Institution and by the Business.
4. Variations to debit terms - I/We authorize Debitsuccess to vary the amount of the payments upon instructions from the Business, and where such instructions from the Business are received by Debitsuccess, I/we do not require Debitsuccess to notify me/us of such variations to the debit amount. I/We acknowledge that Debitsuccess/or the Business is to provide 14 days’ notice if varying the terms of the debit arrangements otherwise than as provided for herein. I/We acknowledge that my/our requests to vary, defer or stop the debit arrangement must be directed to the Business.
5. Cancelling these debit terms - I/We understand that I/we are able to cancel this DDR Service Agreement by requesting this of the Business or my/our Financial Institution, and I/we acknowledge that cancellation of the authority to debit my/our account will not terminate my/our agreement with the Business or remove my/our liability to make the payments I/we have agreed to.
6. Non working day - When the Day to Debit falls on a weekend or public holiday the debit will be initiated on the next working day.
7. Dishonoured Payments - I/We acknowledge that: (a) if a debit is returned by my/our Financial Institution as unpaid, I/we will be responsible for any fees and charges charged by the Business as a result, in addition to any Financial Institution charges and collection fees; and (b) Debitsuccess may attempt to re-process any unsuccessful payments as advised by the Business and/or add such unsuccessful payment to any future payments.
8. Accuracy of informsation - I/We acknowledge that it is my/our responsibility to ensure that the details entered on the Direct Debit Request are correct and that Debitsuccess is not liable to the extent that any such details are incorrect and this causes a required payment to be missed. In addition, where I/we are paying the required payments by credit card and have entered the details of the credit card on the Direct Debit Request, I/we agree that Debitsuccess may continue to debit from the credit card in accordance with the terms of this DDR Service Agreement to the extent that the credit card has expired, and that it is wholly my/our responsibility to provide details of any replacement credit card to Debitsuccess via the Business.
9. Disputes - I/We acknowledge that any disputes regarding debit payments will be directed to the Business. If no resolution is forthcoming, I/we understand that I/we are to direct any such dispute to my/our Financial Institution.
10. Other Authorisations - I/We authorise: (a) Debitsuccess to verify details of my/our account with my/our Financial Institution; and (b) The Financial Institution to release information allowing Debitsuccess to verify my/our account details. (c) Any notices to be given to me/us by electronic mail to the email address on the Direct Debit Request (or any other email address notified in writing by me/us). I/we acknowledge that: (a) This DDR Service Agreement will remain in force and effect in respect of all direct debits passed to my/our account in good faith notwithstanding my/our death/bankruptcy or other revocation of this DDR Service Agreement until actual notice of such event is received by the bank. (b) Any dispute as to the correctness or validity of an amount debited to my/our account shall not be the concern of the bank except in so far as the direct debit has not been paid in accordance with this DDR Service Agreement. Any other dispute lies between me/us and the Business.
11. Information Security - We are collecting your personal information for the sole purpose of completing this direct debit arrangement. Debitsuccess agrees that it will make reasonable efforts to keep your information contained in the Direct Debit Request (including account details) and any other information that we have about you confidential and secure, and will ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information. You may request access to, and correction of, any personal information held by Debitsuccess by writing to Debitsuccess at the address below. You acknowledge that your personal information will be collected, used, held and disclosed in accordance with the Debitsuccess Limited Privacy Policy found at https://www.debitsuccess.com.au/privacy-policy Debitsuccess will only disclose information that we have about you: (a) to the extent specifically required by law; (b) to Financial Institutions participating in the direct debit payment system in connection with a claim made on it relating to an alleged incorrect or wrongful debit; or (c) for the purposes of this Agreement (including disclosing information in connection with any query or claim.