FITNESS ADDIX

Terms and Conditions

Terms and Conditions

General Terms and Conditions

These terms and conditions relate to the operation and function of Addiction Edition Pty Ltd, an Australian registered company in the Fitness industry.

Nothing in these terms and conditions, limit any rights you may have under the Trade Practices Act, Fair Trading Act, any other Commonwealth or State Legislation or any other such laws in the region.

Any terms or conditions that create an inconsistency with any legislation are considered void to the extent of the inconsistency.

This agreement applies to all customers who make a purchase either in the Fitness Addix gym or via a Fitness Addix website, or any website that has Plus Fitness products on it and refers to these terms and conditions, or any other avenue that Plus Fitness uses for retail purposes provided the other avenue refers to these terms and conditions.

Fitness Addix has no obligation to issue a ‘tax invoice’ unless the customer requests one.

Fitness Addix is not liable for any of its products that have been on-sold by a customer to a third party.

 

Website Terms and Conditions

The content of the pages of this website are for your general information and use only. All content is subject to change without notice.

Neither Fitness Addix nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found on this website. Where we, Fitness Addix, make our best endeavours to avoid errors, you acknowledge that such information on this website may from time to time contain inaccuracies and we expressly exclude liability for any such situation where this may occur.

Your use of any information or materials on this website is entirely at your own risk, for which Fitness Addix shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to Fitness Addix. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trademarks reproduced in this website which are not the property of, or licensed to, the operator is acknowledged on the website.

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that Fitness Addix endorses the website(s). Fitness Addix has no responsibility for the content of any linked website(s).

You may not create a link to this website from another website or document without prior written consent.

Membership Terms and Conditions – Fitness Addix

1. You agree to abide by the rules of conduct, behaviour, dress code, equipment usage and use of services within Fitness Addix. You recognise that you understand these rules and that they have been provided to you in the terms and conditions.

2. You agree that the membership fees are not refundable and understand that non-usage of the club does not allow for early termination of this agreement nor does it warrant a refund of any type. You also agree and understand that any non-usage of the club does not affect any of the terms of this agreement and that Fitness Addix is in no way responsible for your level of usage nor is it responsible to notify you of your usage at any stage.

3. You are able to place your membership on temporary Time Hold. Time Hold is for a maximum period of 8 weeks (8 payments). Each year commences on the anniversary of your joining date. Requests for Time Hold must be done via email to the gym to: ess@fitnessaddix.com.au

4. Memberships at Fitness Addix are non-transferable, unless agreed upon by the facility manager and the existing member or members in question. 

5. If you breach any terms of this agreement or act in a way we deem inappropriate, we may suspend or cancel your membership. If any such breach causes us or another person costs, loss or damage, you agree to pay for these.

6. Facilities and services may change without prior notice. Any such changes will not affect the terms of this agreement.

7. You understand that you are permitted to bring children into the gym, however you are not permitted to leave children unattended in the club and if you do, you recognise that Fitness Addix accepts no responsibility for the safety or wellbeing of any such children.

8. You recognise and understand that if you provide access to any Fitness Addix member or any person other than you, using your access card or key fob, whether they are a member or non-member, whether they exercise or do not exercise, whether they are known to you or are not known to you, that you may be charged a $250 penalty which will be automatically charged using your payment details provided and that you may also have your membership immediately cancelled. This is known as tailgating and is not tolerated by Fitness Addix under any circumstances.

9. You fully understand and accept that if you intentionally activate a Duress Button for any reason that is deemed as inappropriate use that you may be charged a $500 penalty which will be automatically charged using your payment details provided and that you may also have your membership immediately cancelled.

10. Club premises have CCTV security cameras recording, in most cases, 24 hours a day (except in bathrooms) and have remote video or other guarding services. This system is used for security purposes but does not guarantee against harm. All distress buttons throughout Fitness Addix are also monitored 24/7. You should contact Fitness Addix directly if you have questions regarding this.

11. You acknowledge and recognise the inherent risks of injury or ill health resulting from use of the services and from participation in exercise generally. In consideration of participation in activities within Fitness Addix, you agree to release and indemnify Fitness Addix and any company associated with Fitness Addix. You agree to participate in all activities at your own risk and responsibility whether supervised or not by staff. You agree to release and hold harmless the Fitness Addix staff and any associated parties from and against all actions which may be bought by you or on behalf of you in respect of any incident arising out of injury, loss, damage or death caused to you or your property in any way what so ever.

12. Fitness Addix takes your privacy seriously. We do not pass your information onto any other business. If you do not wish to receive email, sms or mail correspondence from us regarding your membership, special offer, promotions or your health then please send us an email or letter confirming that you wish to unsubscribe for such methods of communication.

13. Your membership is subject to a 24-hour cooling off period this commences at the close of business on the “Commencement Date” and 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 provided. All monies will be refunded on a pro rata basis, based on services utilised. All cooling off cancellations must be done by completing a Fitness Addix cancellation form in person.

14. You recognise that your access card or key fob is non-refundable on cancelling your membership and that you must purchase a new access card or key fob if you lose or damage the one purchased by you or, supplied to you at the time of joining.

15. You are responsible for notifying Fitness Addix if your contact details change. Failure to do so has no bearing on any of the terms of this agreement.

16. Please note: If you are under 16 years of age, you will need a Parent/Guardian to sign a consent form in person at your nominated club prior to commencing your membership.

19. At the conclusion of the minimum number of weekly payments (12), the payment will continue until terminated with fourteen days’ notice (one final payment). Termination of the payments must be done by completing a Fitness Addix Cancellation Form in person. It is the members responsibility to cancel the payment after the minimum term.

Direct Debit Request Service Agreement

1. General Terms- You recognise that Direct Debit payments are managed and debited on behalf of Fitness Addix by a third-party billing agent (Ezi Debit). You also recognise that the third-party billing agent Service Agreement forms part of this overall agreement and all points are fully understood.

2. You understand that membership rates are reviewed periodically and may increase. This is regardless of the contracted amount or contract term. You understand that members will be notified a minimum of 30 days prior to any such membership rate increase by way of signage displayed within Fitness Addix.

3. Late Payment Fee- It is your responsibility to ensure cleared funds are available in your nominated bank account or credit card to meet the direct debit payment. If a debit is returned unpaid by your financial institution, you will be responsible for payment of the debit plus an additional $12.50 for return fees and administrative costs incurred by Ezi Debit (Debit User).

4. Privacy- The Customer acknowledges that: a) Ezi Debit is entitled to store his or her personal information (whether received from the Customer, Fitness Addix or otherwise on its systems, and use it for the purposes of administering this Agreement, providing its products and services, or offering alternative products and services; b) he or she has rights of access to, and correction of, his or her information under the Privacy Act 1993; and c) Ezi Debit (or Fitness Addix) may contact the Customer for any purpose related to the provision of its products and services.

5. Debt Collection Action- The Customer: a) Authorises Ezi Debit to notify any debt collection or credit reporting agency upon default by the Customer in regard to any obligation to pay under this Direct Debit Request; b) agrees to immediately pay the full outstanding balance of the remainder of the payments due, including any current arrears, should a default occur prior to this Direct Debit request terminating; c) may be liable for any costs associated with the recovery of your overdue account, this may include, but is not limited to the following; legal fees, interest and mercantile agency collection cost.

6.  Weekend and National Public Holidays- When a debit day falls on a weekend and/or a national public holiday all debits for that weekend or national public holiday will be processed on the NEXT WORKING DAY. If unsure, you should contact Ezi Debit (Debit User).

7.  Authority- This authority shall stand pursuant to the terms and conditions of any contractual agreement between you and the business named overleaf. The administration only of this authority is conducted by Ezi Debit (Debit User) acting as a billing agent for the business. The services provided by Ezi Debit are administrative only and do not extend to the provision of any services or benefits provided by the business/club.

8.  Direct Debit from Bank Accounts- Direct debiting through is not available on all bank accounts. You are advised to check your account details against a recent statement from your financial institution. If uncertain you should check with your financial institution before completing the Direct Debit Request.

9.  Refunds- All enquiries in relation to refunds must be directed to the business. The relevant staff member will then look into this matter.

10. Ezi Debit (Debit User) will communicate to us from time to time. To ensure communication reaches us it is important Ezi Debit (Debit User) is supplied by us with a valid email address and mobile phone number. Failure to supply a valid email address and a mobile phone number will prevent Ezi Debit (Debit User) from contacting us regarding important information concerning your account.

11.  In signing this Direct Debit Request, I /we accept the conditions outlined in Ezi Debits Product Disclosure Statement (PDS) in its entirety. Ezi Debit (Debit User) will email the PDS to me/us and, if this is not received, I/we acknowledge that I/we have accessed, read and understood the PDS on the Ezi Debit website: www.ezidebit.com

Complaints Handling

Please submit any complaints via email to ess@fitnessaddix.com.au. Please include all detail relating to your complaint. We will do all that is reasonably and as practicably as possible to assess the merits of the complaint and respond within a reasonable timeframe.