1. MEMBERSHIP ACKNOWLEDGEMENT:
I acknowledge I have read & understood the terms and conditions, the waiver & release of liability and the Ezi-debit service agreement in their entirety and agree to be bound by them.
In consideration of F45 Training Highett allowing me to participate, I acknowledge, understand & aware that:
Health & Fitness: I have voluntarily chosen to participate in the training activities provided by F45 Training Highett. I understand there are inherent risks in all aspects of physical training & I acknowledge that I have been informed of the possible strenuous nature of the training & the potential for undesirable physiological results including, but not limited to, abnormal blood pressure, muscle soreness, fainting, heart attack &/or death.
I understand that the training may involve weightlifting, gymnastic movements, strenuous bodyweight exercises & other high exertion activities. I acknowledge that I am not obligated to perform nor participate in any activity that I do not wish to do, and that it is my right to refuse such participation at any time during my training sessions. I understand that should I feel lightheaded, faint, dizzy, nauseated, or experience pain or discomfort, I am to stop the activity and inform my trainer. I give F45 Training Highett & the staff of the facilities I train in permission to seek emergency medical services for me should I become injured or ill with the understanding that I am responsible for any expenses incurred.
I agree to WAIVE ANY AND ALL CLAIMS that I have or may have in the future against F45 Training Highett, & its directors, officers, employees, agents, volunteers & independent contractors (all of whom are hereinafter collectively referred to as "the Releasees"). I agree to RELEASE THE RELEASEES from any & all liability for any loss, damage, injury or expense that I may suffer, or that my next of kin may suffer as a result of my participation in the programs, activities & services provided by F45 Training Highett, due to any cause whatsoever including negligence, breach of contract, or breach of any statutory or other duty of care. I agree to HOLD HARMLESS & INDEMNIFY THE RELEASEES from any and all liability for any damage to the property of, or personal injury to, any third party, resulting from my participation in any program, activity or service provided by the Releasees.
This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect. If I am signing on behalf of a minor child, I also give full permission for any person connected with F45 Training Highett to administer first aid deemed necessary, & in case of serious illness or injury, I give permission to call for medical and or surgical care for the child & to transport the child to a medical facility deemed necessary for the well-being of the child.
Use of picture(s)/film/likeness: I agree to allow F45 Training Highett, its agents, officers, principals, employees & volunteers to use picture(s), film &/or likeness of me for advertising purposes. In the event I choose not to allow the use of the same for said purpose, I agree that I must inform F45 Training Highett of this in writing.
Child Care: I understand that F45 Training Highett does not have a childcare program. I agree that I am responsible for the safety, care & protection of any children under my care whilst I am on premises &/or at F45 Training sponsored events. I, the undersigned, hereby hold harmless, waive & release F45 Training Highett, their child care staff, coaches, employees, volunteers, officers, representatives, agents & successors from any & all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with the participation of childcare, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties. I understand that the childcare services are provided only while I am present in the building & taking the class. I understand that if my child becomes inconsolable during the class session, I am responsible to leave class & attend to my child. I understand that children are not allowed in the gym workout area at anytime. I have read & understood the foregoing assumption of risk, & release of liability & I understand that by signing it obligates me to indemnify the parties named for any liability for injury or death of any person & damage to property caused by the above mentioned parties negligent or intentional act or omission. I understand that by signing this form I am waiving valuable legal rights.
I HAVE READ AND UNDERSTOOD THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS "INFORMED CONSENT FORM" I AM WAIVING CERTAIN LEGAL RIGHTS (INCLUDING THE RIGHT TO SUE) WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTOR, ADMINISTERS & ASSIGNS MAY HAVE AGAINST THE RELEASEES. ANY QUESTIONS I HAD WERE ANSWERED TO MY FULL SATISFACTION.
TERMS & CONDITIONS
2. FEES & TERMS
The Fees you have to pay & the term of this agreement are set out in the details & or on the membership form.
a) This membership is paid in advance weekly by direct debit or credit card. If you do not make your payment when it is due, your membership may be suspended & or terminated & you could be refused access to a studio until all outstanding amounts have been paid. You will still be liable for all unpaid amounts. Penalty & third party fees may be applicable.
b) If you pay any fees, by direct debit, then this will be through our biller "Ezi-debit" (not F45 Training). The direct debit payment agreement, which we are not a party to, is entirely separate to this agreement.
c) By nominating a credit or debit account, you authorise our biller, to deduct from that account all fees and other charges you are responsible for under this agreement.
d) You must keep your account details up to date & ensure there is enough money in your nominated account on the usual date of payment. If there is not enough money in your nominated account on the usual payment day, or there is another reason that your account was unable to be debited you may be charged an additional fee by the biller. The amount owed will be re-debited within 1-3 working days & ongoing thereafter until your payment has been successfully processed.
e) If your payment details change at anytime you agree to contact F45 Highett or login to your account within 24 hours to update your membership details.
f) You acknowledge that you will be charged an admin fee for our services:
(i) A $5.00 failed payment fee will be charged from F45 Training Highett if you have insufficient funds in your account when your funds are scheduled to be direct debited. A $14.80 fee will also be direct debited from our billing provider Ezidebit (Which is subject to change according to the Ezidebit fee policy). Both of which will be debited from your account in addition to your membership.
3. HEALTH & SAFETY
Each time you use the studio or participate in a class, you must ensure that:
a) You are in good physical condition & 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 active or passive exercise or participating in a class at F45 training Highett.
b) If unsure about any of the matters set out above, you should not use the studio or participate in a class until you have sought appropriate medical guidance & been given the clearance.
c) You must not participate in a class if you have an infection, contagious illness or physical ailment, such as an open cut or sore or if there is any other risk, however small, to other members & guests.
d) The minimum age for training with us is 16. People under the age of 18 are required to provide a certificate or waiver form from a parent or legal guardian confirming approval to train with F45.
YOU ACKNOWLEDGE & AGREE THAT PARTICIPATING IN HIGH INTENSITY INTERVAL TRAINING IS A STRENUOUS PHYSICAL ACTIVITY & MAY NOT BE SUITABLE FOR ALL PERSONS. IMPROPER USAGE OF ANY ITEM OF EQUIPMENT OR A FAILURE TO FOLLOW INSTRUCTIONS FROM AN INSTRUCTOR MAY RESULT IN INJURY OR DEATH.
You agree to give us all relevant personal, health & fitness information both before & during the course of any exercise program or other activity. You also agree to complete our Pre-Exercise Questionnaire. In some cases, responses you give will require that you get medical guidance before exercising. You acknowledge that pre-exercise or other screening is no substitute for medical advice & does not guarantee against injury or death. You promise that information you give us will be true & accurate & not misleading in any way. We may suspend or cancel your membership if we have reason to suspect that you have not complied with any part of this clause 3.
When you apply for membership, you will need to provide us with, & we will have access to personal information you supply, including information relating to your health & finances. Your personal information may be:
a) Transferred to & stored out of Australia, including to a country that does not have the same level of privacy protection as Australia;
b) Disclosed to & used by other studios; &
c) Disclosed to & used by F45 Training, the rights holder in relation the F45 Training brand, marks & training programs.
f) You must tell us promptly if you change your contact or payment details or if there is a change to other relevant personal information, including anything that may affect health or safety.
g) You understand that photos, films, videos or audio recordings are sometimes taken of members for promotional purposes. Your permission will first be obtained if this is done. By agreeing to these terms, you agree to allow your image, recording or likeness to be used for any legitimate purpose by us or by F45 Training.
5. YOUR RESPONSIBILITIES
a) If you behave in a risky or seriously inappropriate way, for example, if you threaten or harass others, damage equipment, distribute or use illicit substances, or train other members without our authorisation, appropriate action will be taken. For example, your membership may be immediately suspended or cancelled, you may be banned from joining any studio &/or we may refer the matter to appropriate authorities. If your conduct causes us or another person costs, loss or damages you agree to pay for these.
b) For your health & safety & the health & safety of other members, you must ensure that you comply with any direction given to you by an Instructor or any other staff member.
c) Studio rules apply to everyone attending the Studio or participating in a class. They are usually displayed in the studio. Studio rules form part of this agreement so you must make sure you read, understand & follow them at all times. If you break any of the studio rules we will respond in a way we consider fair & appropriate. For example, in less serious cases, we may give you a warning but in serious cases or where you have repeatedly broken studio rules we may suspend or cancel your membership. If your breach causes us or another person costs, loss or damages, you agree to pay for these.
d) You promise to take care to use the studio & all exercise equipment safely & properly. If you are not sure how to operate any equipment properly, you must ask an Instructor or another staff member before you use it.
e) You agree to pay for any loss or damage to the studio & its equipment caused by you through a wilful, wrongful or negligent act or as a result of your breach of this agreement.
f) You agree to follow any reasonable direction of a member of studio staff relating to health, safety or security or related matters.
g) You acknowledge & agree that you are solely responsible for all of your personal belongings whilst you are in the training facility. You hereby release F45 Training Highett & its RELEASEES from any & all liability relating to the loss, damage or theft of any of your personal belongings whilst you are in the training facility.
6. OUR RIGHTS
a) F45 may add to, change or remove our terms & conditions. This includes changing our opening and closing hours, class times, the F45 service facilities & membership fees. The studio may close for Public Holidays and for short periods of time in response to issues of health and safety. In such cases members will not be entitled to a refund. Sometimes F45 may also close for refurbishment to improve the facilities. If this substantially reduces our ability to provide our services to you, F45 will reduce your membership fee accordingly on a pro-rata basis. The most up-to-date terms & conditions always apply.
b) F45 reserve the right to increase your fees only at any time your agreement has ended. F45 will make reasonable effort to tell you about this increase at least 28 days beforehand by writing. F45 will consider you have received our letter by the second business day after it is sent. Where F45 has made a reasonable effort to let you know about the fee increase, you authorise us to increase any debits from your nominated account.
7. COMMERCIAL ACTIVITY
a) You acknowledge that engaging in any commercial or business activities in the studio, such as offering training services or selling goods in the studio is prohibited unless F45 Training grants you written permission to do so. If F45 Training gives you written permission, it can revoke this at any time.
8. SUSPENDING YOUR MEMBERSHIP
a) You can suspend your membership for a maximum of 1 week as part of this agreement. Your payments will not stop, however your membership expiry date will be extended by 1 week.
c) A minimum of one-week notice is required prior to putting your membership on hold.
e) Suspensions cannot be backdated.
9. TERMINATION POLICY
a) This Contract is for a total of $528.00 made up of 8 equal payments of $66.00 paid via direct debit or credit card Via EziDebit to F45 Training Highett.
b) Termination due to sickness or incapacity: You can cancel your membership by informing us via writing an email to (Highett@f45training.com.au) if you cannot use the studio or participate in a class because you contract a serious illness or a permanent physical incapacity during the term of your membership. This must be confirmed in writing by a doctor or other medical professional. You agree that we may contact the doctor or other professional for verification purposes. A 14 day notice period will be required.
f) You promise you are not bankrupt or insolvent and are able to pay applicable fees at the time of signing. You agree that you will tell us promptly if you believe you will be unable to pay your fees for an extended period. We may cancel your membership if you become bankrupt or insolvent.
10. OUR LIABILITY
a) If you agree to these terms, you agree, to the extent allowed by section 139A of the CCA, to exclude or modify our liability to you for death or injury from our failure to comply with ACL guarantees. This exclusion does not apply if your death or injury is caused by our “reckless conduct” (as defined in the CCA).
b) Nothing in this agreement excludes, restricts or modifies any terms, conditions, warranties, guarantees, rights or remedies which cannot lawfully be excluded, restricted or modified. Otherwise, unless expressly included in this agreement, all implied terms, conditions, warranties, guarantees, rights or remedies that can be lawfully excluded are excluded. In particular, we are not liable for death or injury caused by our negligence or breach of implied terms that services will be provided with reasonable care and skill at common law. This does not exclude our liability for reckless conduct.
11. GENERAL LEGAL MATTERS
We are not responsible if members cannot use our studio because of an event caused by a natural force (such as a fire or a flood) or a road or building closure or something similar beyond our reasonable control. If this continues for more than 30 days, then either you or we may cancel this agreement immediately by written notice. No fee will apply. If a court decides that any part of this agreement is or becomes illegal, void or unenforceable, that part is deleted & this does not invalidate the rest of this agreement. If we do not enforce our rights under this agreement at any time, it does not mean that we may not do so in the future.
12. CANCELLING OUT OF CLASSESS & NO SHOWS
If you cannot attend your registered class, please make sure you cancel out within 4 hours of class commencing. In the event of a no–show, you will incur a $5 fee. This will be added to your direct debit amount which is billed on your next payment date. F45 Highett will consider waiving the fee if you are able to provide a valid reason, within a reasonable duration. These can be directed to email@example.com and will be judged accordingly at our own discretion on an individual basis.
If you are on a class pack or have purchased a single session you will forfeit the class.
13. EARLY BIRD SPECIAL OFFER TERMS AND CONDITIONS
If you qualify for the early bird special the additional weeks of free training outlined in the offer will be added to the end of your 8 weeks ONLY once you have completed your total payment obligations as set out in this agreement.
14. GENERAL HOUSEKEEPING MATTERS
a) Weights: Please ensure all weights are put back on the dumbbell racks between sets for the safety & ease of access of other members.
b) Class Cancellations: You agree to remove yourself from a class if you become aware you are unable to attend within 4 hours of the class commencing to allow other F45 members to take your position.
c) Waitlists: Due to the limited spaces available in a class you may be put on a waitlist. To avoid being waitlisted please book 7 days in advance to secure your position. Please be mindful if you are waitlisted for two classes on the same day & only intend on coming to the one class to cancel the other class to allow other members to take your position. If you are waitlisted you will be notified via text message or email as soon as a position becomes available.
d) Parking: There is parking provided at the rear of the studio at 24 Advantage Rd Highett from 6.30 am onwards. Please do not park on footpaths or in driveways or car parks of other businesses in the street. Be aware if you are caught parking in any of these areas you may be towed at your own risk or be fined by the council for illegal parking.
e) Towel: Please ensure you bring a towel with you at all times.