MINIMUM TERM AND MONTH TO MONTH MEMBERSHIP:
This agreement is a legally binding obligation for which you are financially responsible. You agree that, if you fail to pay when a payment is due, you must immediately pay the amount owing. This is an ongoing membership agreement. Your first initial membership with 141 Fitness is a minimum of 12 weeks (12 direct debits on Sunday’s) and an ongoing month-to-month membership thereafter.
141 FITNESS TERMINATION OF MEMBER:
In addition to any other rights that 141 Fitness has under this agreement, 141 Fitness can terminate your membership by written notice to you if you fail to act in accordance with any obligation under this agreement. If 141 Fitness cancel your membership under this paragraph you will be liable for the joining fee, membership fees for the time you were a member, the cancellation fee and any other fees payable for further fitness services already supplied. On rare occasions 141 Fitness may cancel a membership by written notice to the member without the need to give a reason. If 141 Fitness cancels your membership under this paragraph you will only be liable for the membership fees for the time you were a member and any other fees for other fitness services already provided.
You may cancel any membership (after the minimum term of 12-weeks has been fulfilled) with the giving of 30 days notice in writing. For the purposes of any requirements in this agreement, 141 Fitness will accept written notification by email. You must pay membership fees for the notice period even if you do not attend your sessions after providing the notice of cancellation. If collection or legal services are needed to collect any unpaid amount, you will be responsible for all costs of collection, including solicitors fees of the Gym Owner, Inc.
We do not allow suspensions on your 28 Day Challenge or your casual passes. You can suspend your membership with a minimum of 14 days notice for a minimum and maximum of 2 weeks at any one time, and a maximum of a total 6 weeks annually in order to reserve your permanent spot. Suspensions do not apply for 1 weeks.
PUBLIC HOLIDAY PAYMENTS:
You acknowledge and understand that if your scheduled class falls on a public holiday that your direct debit/pre-paid payment is not altered. You are still charged as per normal and expected to attend the extra session ran on the public holiday or make-up your session during the 7-day period.
You understand and agree that any sessions you are booked in for are your scheduled classes. If you cannot attend your normal scheduled class, it is your responsibility to make-up the class within the 7-day period of the direct debit payment at risk of unavailability. You understand that if you miss your session or fail to make it up in the 7-day period that your pass is invalid and will expire at no fault of 141 Fitness.
CASUAL SESSION EXPIRY:
This includes any casual sessions purchases via the MINDBODY app that are not part of a contract. This includes Weekday and Weekend sessions. Your sessions will expire after 14 days of purchase.
All pre-paid membership must be a minimum of 12 weeks in advance and paid by the end of week 8 for the following 12 weeks if you wish to secure and keep your permanent class. In the event that the pre-paid total has not been received by week 8, your membership is at risk of being terminated and you will be removed from all future scheduled sessions after the initial 12 week period is over.
TERMINATION FOR CAUSE BY GYM OWNER:
The Gym Owner may, at its option, terminate your membership if (1) you fail to make payments or any payments or fees are late, (2) the weekly EFT payments or membership fees are interrupted or discontinued for any reason and you or your cosigner do not provide an acceptable alternative, (3) you fail to follow any membership policies or gym rules or violate any part of this agreement, or (4) your conduct is improper and harmful to the best interest of the gym or its members or (5) you fail to provide doctor’s approval for exercising if so requested. Termination is effective on the date a written notice to your last known address/email. You are liable for all financial obligations until that date. The Club Owner also reserves the right to terminate your membership for any reason not stated above and if not prohibited by law. If your membership is terminated, you will receive a termination notice and a refund of any unused Minimum Term or Pre-paid membership fees.
You agree and understand that late entry will not be permitted and the doors will be locked after the class has commenced. You understand that you need to arrive 5-10 minutes early for your class and once the warm-up has commenced you are not allowed to join the session and your session will be forfeited. You will not knock or disrupt the class or expect to be allowed into the class.
You understand and agree that any class you cancel under a 9 hour period for Weekdays and an 11 hour period for Saturday’s it is a ‘late cancellation’ and forfeited. The pass is not allowed to be made up or used as a pass for another class. You understand that you need to cancel your session via the MINDBODY app, and acknowledge that SMS/Facebook messages will not be a valid form of cancellation communication.
You understand and agree that any class you cancel with over 11 hours notice is considered an ‘early cancellation’ and can be used as a pass for another class, only within the 7-day period of the direct debit. Your pass will expire 7 days after you have been charged. There are no exceptions. You understand that you need to cancel your session via the MINDBODY app and SMS/Facebook messages will not be valid form of cancellation communication.
DAMAGED, LOST OR STOLEN PROPERTY:
You are solely responsible for any damage that you may cause to 141 Fitness, its facilities, services, products or equipment, if such damage is caused by a wilful act and/or negligence. The Gym Owner and 141 Fitness, Inc. are not responsible for any of your personal property that is damaged, lost or stolen while in or around the Gym location or any other “141 Fitness” location.
ASSUMPTION OF RISK OF INJURY AND WAIVER OF CLAIMS:
By participating in physical exercise or training activities, you agree to do so entirely at your own risk. Any recommendation for changes in training and diet are entirely your responsibility and 141 Fitness Pty Ltd or any employees/owners will not be liable for any injuries or illness endured from the activity exercised in the fitness training sessions. Each participant is voluntarily exercising in these activities and assumes all risks of injury, illness, or death. You acknowledge that you have carefully read this “waiver and release” and fully understand that it is a release of liability. You expressly agree to release and discharge the trainer or instructor, studio and business owner from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against the trainer or instructor, studio and business owner for personal injury or property damage. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence. If any portion of this release from liability shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed here from. You acknowledge that you understand this content and that this release cannot be modified orally.
DISCLOSURE OF YOUR PHYSICAL CONDITION:
The provision of a safe and effective exercise program is dependent upon accurate health and fitness profiling. you agree to disclose to 141 Fitness all relevant personal health and fitness information both prior to and during the engagement in any exercise program, service or facility 141 Fitness provides to you, as a part of your membership. This is inclusive of any health risk assessment, initial and periodic 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 141 Fitness 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.
All membership holders of 141 Fitness must be a minimum of 16 years of age. Under no circumstance is anyone under the age of 16 allowed on the 141 Fitness premises without supervision and approval of 141 Fitness.
PLEASE KEEP CONTACT DETAIlS UP TO DATE:
You must tell 141 Fitness promptly if you change your address, phone number, email, bank account, credit card information for payment or if there is a change to any other personal information relevant to your membership with 141 Fitness. This includes any matters that affect the health or safety of yourself or others. If you do not update your payment details, you understand that you will incur and are responsible for a failed payment fee for each failed payment attempt.
PERSONAL EMAIL ADDRESS:
You must provide your personal email address as a primary contact method and in order to activate or access certain 141 Fitness Products or services. You also will receive occasional emails from 141 Fitness updating you on your membership benefits. However, you will always have the option to opt-out from receiving these updates by replying and requesting to be unsubscribed.
All memberships, except for pre-paid memberships, are an ongoing membership agreement that will continue until either you or the 141 Fitness 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 141 Fitness cancels the arrangement with the cancellation notice period. If you terminate the agreement or stop the automatic debt arrangement in a manner not described in the agreement, then you may be liable to 141 Fitness for damages for breach of contract.
REFUSAL OF ACCESS/ENTRY:
141 Fitness has the ability to refuse entry and memberships to anyone who does not agree to the terms in this agreement or for non-stated reasons in this agreement.
DDR SERVICE AGREEMENT:
You hereby authorise Ezidebit Pty ltd ACN 096 902 813 (Direct Debit User ID number 165969) (herein referred to as “Ezidebit”) to make periodic debits on behalf of the “Business” as indicated on the attached Direct Debit Request (herein referred to as “the Business”).
you acknowledge that Ezidebit is acting as a Direct Debit Agent for 141 Fitness and that Ezidebit does not provide any goods or services (other than the direct debit collection services to me/us for the Business pursuant to the Direct Debit Request and this DDR Service Agreement) and has no express or implied liability in regards to the goods and services provided by the Business or the terms and conditions of any agreement that you have with the Business.
You acknowledge that the debit amount will be debited from your account according to the terms and conditions of your agreement with the Business and the terms and conditions of the Direct Debit Request (and specifically the Debit Arrangement and the Fees/Charges detailed in the Direct Debit Request) and this DDR Service Agreement.
you acknowledge that bank account and/or credit card details have been verified against a recent bank statement to ensure accuracy of the details provided and you will contact your financial institution if you are uncertain of the accuracy of these details.
You acknowledge that it is your responsibility to ensure that there are sufficient cleared funds in the nominated account by the due date to enable the direct debit to be honoured on the debit date. Direct debits normally occur overnight, however transactions can take up to three (3) business days depending on the financial institution. Accordingly, you 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, you agree that Ezidebit will not be held responsible for any fees and charges that may be charged by either your or the Businesses financial institution.
You acknowledge that there may be a delay in processing the debit if:
(1) there is a public or bank holiday on the day of the debit, or any day after the debit date;
(2) a payment request is received by Ezidebit on a day that is not a banking business day in Queensland;
(3) a payment request is received after normal Ezidebit cut off times, being 4:00pm Queensland time, Monday to Friday. Any payments that fall due on any of the above will be processed on the next business day. you authorise Ezidebit to vary the amount of the payments from time to time as may be agreed by you and the Business as provided for within your agreement with the Business. you authorise Ezidebit to vary the amount of the payments upon receiving instructions from the Business of the agreed variations. you do not require Ezidebit to notify you of such variations to the debit amount.
You acknowledge that Ezidebit is to provide at least 14 days’ notice if it proposes to vary any of the terms and conditions of the Direct Debit Request or this DDR Service Agreement including varying any of the terms of the debit arrangements between us.
You acknowledge that you will contact the Business if you wish to alter or defer any of the debit arrangements.
You acknowledge that any request by you to stop or cancel the debit arrangements will be directed to the Business.
You acknowledge that any disputed debit payments will be directed to the Business and/or Ezidebit. If no resolution is forthcoming, you agree to contact your financial institution.
You acknowledge that if a debit is returned by your financial institution as unpaid, a failed payment fee is payable by you to Ezidebit.
You will also be responsible for any fees and charges applied by your Financial Institution for each unsuccessful debit attempt together with any collection fees, including but not limited to any solicitor fees and/or collection agent fee as may be incurred by Ezidebit.
You authorise Ezidebit to attempt to re-process any unsuccessful payments as advised by the Business.
You acknowledge that certain fees and charges (including setup, variation, SMS or processing fees) may apply to the Direct Debit Request and may be payable to Ezidebit and subject to your agreement with the Business agree to pay those fees and charges to Ezidebit. You appoint Ezidebit as your exclusive agent with regard to the control, management and protection of your personal information (relating to the Business and contained in this DDR Service Agreement).
You irrevocably authorise Ezidebit to take all necessary action (which Ezidebit deem necessary) to protect your personal information, including (but not limited to) prohibiting the release to or access by third parties without consent.
You hereby irrevocably authorise, direct and instruct any third party who holds/stores keeps your personal information (relating to the Business and contained in this DDR Service Agreement) to release and provide such information to Ezidebit upon written request.
You understand and acknowledge accept the ten dollar failed payment fee per every failed transaction on behalf of ezidebit. You understand that your failed payment will be reprocessed every 3 days thereafter until successful with an accumulating ten dollar fee each time per failed payment until success.
CREDIT CARD PAYMENTS
You acknowledge that “Ezidebit” will appear as the merchant for all payments from your credit card.
you acknowledge and agree that Ezidebit will not be held liable for any disputed transactions resulting in the non supply of goods and/or services and that all disputes will be directed to the Business as Ezidebit is acting only as a Direct Debit Agent for the Business.
You acknowledge that Credit Card Fees are a minimum of the Transaction Fee or the Credit Card Fee, whichever is greater as detailed on the Direct Debit Request.
You authorise: a) Ezidebit to verify details of your account with your financial institution; and b) your financial institution to release information allowing Ezidebit to verify your account details
End of DDR Service Agreement.