Membership Terms and Conditions.
DEFINITIONS
ACL means the Australian Consumer Law in accordance with Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Studios means the gym premises known as the THE GOOD WELL STUDIOS, 4 Ilya Ave Erina NSW 2250 and includes the Facilities.
DDR means the direct debit request form issued by EZYPAY.
Ezypay means the entity contracted by THE GOOD WELL STUDIOS to collect direct debit payments.
Facilities means the gym facilities located within the Studios including but not limited to all gym equipment, change rooms, and includes access to all group and individual training programs.
No Show means failing to attend, cancel or check in to a booked class.
Late Cancel means cancelling your class booking within three (3) hours of the class.
THE GOOD WELL STUDIOS means THE GOOD WELL COMPANY PTY LTD ACN 674 126 188
This agreement is subject to a forty-eight (48) hour cooling off period (see Clause 3)
1. Membership Entitlements
1.1 Your membership is governed by this Agreement.
1.2 Your membership permits you to use the Studios and the Facilities.
1.3 Your membership is non-transferable by you.
1.4 THE GOOD WELL STUDIOS will only hold your membership if you are in good standing (in the reasonable opinion of THE GOOD WELL STUDIOS) with all processing and membership fees paid and you must be current on your weekly fees. A membership can be placed on hold for a minimum period of 7 days and a maximum period of 8 weeks per membership year. A notice period of 7 days is required. A membership cannot be cancelled during the "hold" period and all membership holds do not count towards the membership term period.
2. Membership Fees
2.1 You agree to pay all Membership Fees as set out in this Agreement and agree to be bound by the direct debit terms and conditions as described in the DDR.
2.2 For a direct debit membership you must make your payments on a weekly, fortnightly or monthly basis in advance. A direct debit membership fee will be charged by Ezypay.
2.3 For a Pay-in-Full Membership, you must pay your membership in advance according as indicated in this Agreement.
2.4 You must complete and deliver to THE GOOD WELL STUDIOS a DDR authorising Ezypay to debit the Membership Fee due for each direct debit period.
2.5 You will be charged a Dishonour Fee in the event that a direct debit payment is dishonoured by your financial institution.
2.6 Additional fees (being bank charges or administrative charges incurred by the Payment Provider) will apply for any overdue or late payments.
2.7 If there are repeated failures to meet your payment obligations (other than through the fault of THE GOOD WELL STUDIOS or its Ezypay), without prejudicing THE GOOD WELL STUDIOS's rights to recover any overdue payments, your membership may be suspended or terminated without notice to you.
2.8 THE GOOD WELL STUDIOS may change its payment provider. In such circumstances, you must complete and deliver to THE GOOD WELL STUDIOS a new DDR authorising THE GOOD WELL STUDIOS's new payment provider to debit the Membership Fees due for each direct debit period.
2.9 THE GOOD WELL STUDIOS reserves the right, at any time, to change the Membership Fees charged to members for use of the Facilities. THE GOOD WELL STUDIOS agrees to use reasonable endeavours to provide you with fourteen (14) days notice of the changes.
3. Cooling Off Period
3.1 You may terminate this Agreement by written notice to THE GOOD WELL STUDIOS within 48 hours of the start date of your membership as set out in the Particulars, whereupon any membership fees paid will be refunded.
4. Fob Key Bluetooth Access
4.1 Upon joining you will be given Bluetooth access to enable 24 hour access to the Studios.
4.2 A replacement fob key will only be issued upon payment of a further fee of $30.00.
5. Age restrictions
5.1 All members of THE GOOD WELL STUDIOS must be a minimum of 16 years of age. All Minors must have a parent or guardian co-sign this Agreement.
6. THE GOOD WELL STUDIOS is not responsible for your Medical/Fitness Condition
6.1 It is your responsibility not to use the Facilities which may adversely affect any medical condition you may have.
6.2 You hereby represent to THE GOOD WELL STUDIOS and its directors, officers, employees, contractors and agents that, to the best of your knowledge, 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, your use of the Facilities.
6.3 You acknowledge that THE GOOD WELL STUDIOS did not give you any medical advice before you used the Facilities, and cannot give you any medical advice after you use the Facilities.
6.4 It is a condition of membership with THE GOOD WELL STUDIOS that each member, prior to using the Studios, has to complete the THE GOOD WELL STUDIOS Pre- Exercise and Health Check Form.
6.5 You will not be permitted to use the Studios until you have completed THE GOOD WELL STUDIOS Pre- Exercise and Health Check Form.
6.6 THE GOOD WELL STUDIOS reserves the right to restrict, suspend or terminate your membership if THE GOOD WELL STUDIOS is of the reasonable opinion that you are unfit to utilise the Facilities.
6.7 If your membership is restricted or suspended for this reason, your membership will not be reinstated until you provide THE GOOD WELL STUDIOS with a medical certificate confirming that you are fit to train.
7. Room Rules
7.1 Room Rules apply to everyone using the Facilities. They are displayed in the Studios and also appear on our website.
7.2 Room Rules form part of this Agreement and you must make sure you have read the Room Rules and understand and follow them at all times.
If you break any of the Room Rules we may give you a warning but in serious cases or where you have repeatedly broken Room Rules we may restrict or terminate your Membership.
8. Video surveillance
8.1 For security purposes, THE GOOD WELL STUDIOS may use video surveillance equipment to monitor the Facilities.
8.2 By signing your Agreement you acknowledge that by accessing the Facilities you may be subject to video surveillance and recording.
8.3 Video surveillance is limited to the floor area only, and is not within the walls of the change rooms or assessment rooms.
9. Liability of THE GOOD WELL STUDIOS
9.1 You understand and acknowledge that THE GOOD WELL STUDIOS purchases or leases the equipment from a third party and therefore does not manufacture any of the fitness or other equipment used in the Studios.
9.2 You understand and acknowledge that THE GOOD WELL STUDIOS is providing recreational services and subject to the ACL may not be held liable for defective products or equipment.
9.3 THE GOOD WELL STUDIOS is not liable to you for any personal property that is damaged, lost, or stolen while on or around the Studios including, but not limited to, a vehicle or its contents or any property left in a locker.
9.4 If you cause damage to the Studios or any equipment you are liable to THE GOOD WELL STUDIOS for its cost of repair or replacement.
10. Termination/Restriction of Membership
10.1 Pay-in-Full Memberships are non-refundable.
10.2 In relation to Direct Debit Memberships you may terminate your membership outside of the contract with 14 days notice in writing, or inside the contract by paying an early cancellation fee of $200.
10.3 THE GOOD WELL STUDIOS may restrict your membership at any time on the following basis:
10.3.1 concern for your health and/or safety; or
10.3.2 non-compliance, improper or harmful conduct engaged in by you.
10.4 THE GOOD WELL STUDIOS may terminate your membership at any time on the following basis:
10.4.1 you fail to make any payments of your membership fees;
10.4.2 any weekly payments of fees are late;
10.4.3 THE GOOD WELL STUDIOS reasonably suspects that you are engaging in illegal activity or commercial/business activity in the Studios;
10.4.4 you fail to follow the Room Rules, or violate any part of this Agreement; or
10.4.5 your conduct is improper or harmful to the best interest of THE GOOD WELL STUDIOS or its members.
10.5 In the event that THE GOOD WELL STUDIOS terminates your membership, termination will be effective on the date that THE GOOD WELL STUDIOS sends written notice to you or hands it to you in person. You are liable for all financial obligations until that date.
10.6 Upon termination of your membership by THE GOOD WELL STUDIOS, you will cease to have access to the Facilities and the Studios.
10.7 Termination or expiration of this Agreement shall be without prejudice to the rights of either party against the other in respect of anything prior to such termination or expiration.
10.8 It will be a ground for immediate termination of this Agreement if you take or attempt to take any other person, (whether a member of the Studios or not), into the Studios using your fob key/Bluetooth access.
11. Limitation of liability
11.1 Whilst you are in the Studios whether or not using the Facilities, you are at risk of suffering physical harm or personal injury including broken bones, soft tissue injuries, joint injuries, permanent disability or death.
11.2 any such injury may result not only from your actions but from the action, omission or negligence of others.
11.3 YOU ACKNOWLEDGE AND AGREE that the above mentioned injuries and potential causes of injuries are not exhaustive, and there are other unknown or anticipated risks that may result in injury, illness or death.
11.4 YOU ACKNOWLEDGE AND AGREE that whilst every attempt is made to ensure that the Facilities are safe, there are risks involved, and YOU AGREE that you are participating at your own risk and THE GOOD WELL STUDIOS will not, subject to the ACL, be liable for death or injury occasioned by use of the Facilities whether or not by negligent act or omission of THE GOOD WELL STUDIOS its directors, officers, employees, contractors or agents.
11.5 Under the ACL, we guarantee that our recreational services will be:-
11.5.1 provided with due care and skill;
11.5.2 Fit for any purpose you have told us you are using the services for or for a result which you have told us you wish to achieve; and
11.5.3 Supplied within a reasonable time.
11.5.4 However, under certain legislative provisions, we may ask you to agree that these conditions do not apply to you. If you sign the agreement, you will be agreeing that your rights to sue us are excluded, restricted or modified as set out in these terms and conditions.
11.5.5 This applies if you are injured (including injury that results in death) because the services were not rendered with due care and skill, or they were not reasonably fit for their purpose.
12. Privacy
12.1 You will upon joining provide us with personal information about yourself.
12.2 By signing this agreement you agree to allow us and Ezypay to collect, use, store and disclose your personal information in accordance with our privacy policy which can be accessed via our website or available upon request from the Studios and for Ezypay via their website at www.ezypay.com.au.
12.3 By signing this agreement you understand/acknowledge that your image, video, voice or all three may be used on Instagram, Facebook or other social media platform for social media advertising and marketing.
13. Booking and Cancellation
13.1 Class bookings are essential and can be freely canceled prior to three (3) hours before your booked class starts.
13.2 If a class is fully booked, you have the option to join a waitlist. From the waitlist you can be added into a class at any time of day, up to thirty (30) minutes before class starts.
13.3 Late cancels will incur a $7 fee, charged to your account. If the class was purchased with a class credit, this credit will not be refunded.
13.4 No-Shows will incur a $10 fee, charged to your account. If the class was purchased with a class credit, this credit will not be refunded.
14. General
14.1 You agree that we have not made any representations or promises that you have relied on that are not in this Agreement.
14.2 The law of the state of NSW and the Commonwealth of Australia apply to this Agreement.