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In this Agreement, the following words have the meaning stated below:
“24/7” means 24 hours per day, 7 days per week and each and every day of each year unless the Club is closed in accordance with this Agreement.
“Agreement “means this Club Membership and Liability Release Agreement entered into between you and ifeelgood247 that comprises:
(a) all of the details and terms on the Club Membership Details;
(b) these Terms and Conditions; and
(c) the Membership Policies.
“Club” means the ifeelgood 24/7 Express Health Clubs where you applied for and have been granted your Membership as described in this Agreement.
“Club Key” means the access key or card provided to you with your Membership or if you damage, destroy or lose it, a replacement access key or card that you pay for.
“Club Membership Details ” means the page of details and terms attached to these Terms and Conditions.
“Direct Debit Membership” means a Memberships which are deducted fortnightly from the Members bank account by Ezidebit Australia Pty Ltd.
“Facilities” means in respect to a Club the ifeelgood247 premises, facilities, equipment and services.
“Home Club” means in respect to a member, the Club at which a member has joined or transferred to, pays fees and uses these Facilities for the majority (50% or more of the time) of the time.
“ifeelgood247” means (as the case may be) either:
(a) the entity described in the Club Membership Details; and
(b) any successor or transferee of (a) from time to time,
who owns or is operating the Club that you intend to make your Home Club.
“Members “means all or any Members of an ifeelgood247 Club and “Member” has a corresponding meaning.
“Membership” means that type of membership of the Club you have chosen, described in the section that is headed “your membership choice” on the Club Membership Details page and includes both Prepaid Memberships and Direct Debit Memberships.
“Membership Hold” means a hold on your Membership for such period and in accordance with the terms of the Membership Hold Policy.
“Membership Hold Policy” means that Membership Policy dealing with membership holds determined by ifeelgood247 from time to time and published at the Club.
“Membership Policy” means a rule or policy published at the club which is determined by ifeelgood247 to apply in relation to Members or their membership of a Club or the use of the Facilities at ifeelgood 24/7 Express Health Clubs and “Membership Policies ” has a corresponding meaning to include any one or more of them.
“Prepaid Membership” means a Membership which is paid in full when the Member joins.
“Reciprocal Rights Policy” means the policy dealing with Members utilising other ifeelgood 247 Facilities across Australia.
“Schedule of Fees” means the schedule of fees provided to the Member together with these Terms and Conditions.
“Terms and Conditions” means each and every term and condition in this document and includes the Ezi Debit Australia Service Agreement.
“Transferring to a Non-Member Policy” means that Membership Policy dealing with transfers to a non member determined by ifeelgood247 from time to time and published at the Club.
“you” means the person described in the Club Membership Details page who is applying for Membership and “your” has a corresponding meaning.
If there is any inconsistency between any policies referred to above and these Terms and Conditions, these Terms and Conditions prevail.
(a) You must initial and sign the sections where indicated.
(b) By initialling sections that you are required to initial and/or by signing this Agreement you accept absolute responsibility for any such risk identified in this Agreement.
(a) Nature of Membership: Your Membership permits you to use ifeelgood247 Facilities as shown and limited by the Membership identified. Your Membership is non-transferrable by you. Only you can use it unless deemed appropriate by ifeelgood247 management. ifeelgood247 reserves the rights to sell Memberships at different rates and terms Membership Holds: To be eligible for a Membership Hold you must be in good standing with all processing and enrolment fees paid up to date and be current on all payments. ifeelgood247 will only place your Membership on hold if you qualify under the Club Membership Hold Policy in force at that time. If a membership hold fee is payable it will be listed in the Schedule of Fees.
(b) Transferring to a Non-Member: You may transfer your Prepaid Membership or your Direct Debit Membership to another person and that person must be a non-Member. Transfers are subject to the conditions specified in the Transfer to a Non-Member Policy. If a membership transfer fee is payable it will be listed in the Schedule of Fees and must be paid to the Home Club. The incoming member is required to complete a new Agreement and complete an orientation and induction acceptance to transfer the membership in accordance with the Transferring to a Non-Member Policy.
(c) Transferring to another Home Club: Only Direct Debit Memberships are permitted to be transferred to another Home Club. If a member intends to use a non-Home Club as their majority use club (more than 50% of the time) for longer than four weeks, they are required to transfer their Direct Debit Membership to the new Home Club. A Member must transfer their Home Club Membership to another club if they are instructed which may incur additional fees in accordance with the Reciprocal Rights Policy.
(d) Club Privileges: As a Member you are entitled to utilise any ifeelgood247 Facilities across Australia unless restricted by your Membership in accordance with the ifeelgood247 Reciprocal Rights Policy.
(a) Fees: You agree to pay the fees as set out in this Agreement and the Schedule of Fees.
(b) Direct Debit: For Direct Debit Memerships, you give the authority to Ezidebit Australia Pty Ltd and agree to be bound by the direct debit and credit card charging terms and conditions as described in section 23 of this Agreement.
(c) Dishonour fees: If at any time a direct debit is disallowed by the bank for any reason you will be charged a dishonour fee and may be charged an additional fee by your own financial institution.
ifeelgood247 reserves the right, at any time, to change any fees charged for Direct Debit Memberships. ifeelgood247 agrees to use reasonable endeavours to provide you with written notice (by post or electronically) of the changes at the most current address you have supplied. The changes will take effect 30 days after the notice has been sent by ifeelgood247. ifeelgood247 deems receipt to have occurred 2 business days after the notice was posted or immediately if sent electronically. At the end of the 30 day period, you authorise ifeelgood247 and Ezidebit Australia Pty Ltd to debit the new amount to your bank account or to your credit card. Our record of giving notice is not able to be disputed.
(a) Cancellation refunds and rights: You may cancel your Membership if you qualify as follows:
Direct Debit Membership Termination: If you have a Direct Debit Membership(fortnightly direct debit) you may terminate it at any time upon:
(i) All outstanding fees, charges and dues being paid; and
(ii) the satisfactory completion of an ifeegood247 Membership cancellation form in person in the Club unless otherwise agreed by us; and
(iii) return of your Club Key when your Membership ends.
Your Membership ends four weeks following the day of the next direct debit billing cycle unless otherwise agreed by us. Any notice of termination must be received in writing and at least two (2) working days before your next direct debit billing date to allow ifeelgood247 sufficient time to process your termination otherwise your termination request will be executed from the next subsequent scheduled direct debit billing date.
You may attend the Club during the last four weeks.
Death, Permanent Sickness or Physical Incapacity: Your permanent sickness or physical incapacity must be likely to prevail for more than a temporary period and must physically prevent you from being able to use any of the Facilities for a period of in excess of six months. You must obtain a medical certificate from a Doctor who must attest to you having a permanent sickness or physical incapacity and being unfit or unable to use the Facilities for at least six months.
In the event of your death, we are entitled to continue to charge you Membership fees until we are notified in writing of your death by the executors of your estate or your next of kin and we may require a copy of your death certificate. In either case, ifeelgood247 will refund any unused prepaid fees.
Termination for Cause by ifeelgood247: ifeelgood247 may, at its option, terminate your Membership if:
(i) You fail to make timely payment of fees under any payment plan or any payment or fee is late or any direct debit payment or credit card charge is dishonoured;
(ii) You fail to follow any of the Membership Policies or violate any part of this Agreement including:
(A) conduct which is improper or harmful to the best interest of ifeelgood247 or its members;
(B) disruption to other members or make unwanted approaches to other members;
(C) not respecting the Club or other person’s property;
(D) any other unacceptable behaviour such as the types of behaviour referred to in section 14; or
(E) attending the Club under the influence of drugs or alcohol.
Termination is effective on the date ifeelgood247 gives you personally or posts to you a written notice to your last known address or sends that notice by email or facsimile. You are liable for all financial obligations until that date. If you prepaid your fees, ifeelgood247 will not refund any unused portion, and you must immediately return your Club Key.
Termination of Prepaid Membership: If you have a Prepaid Membership, you may not terminate it during the prepaid period (or get a refund), except for the reasons stated in section 6 (b). If you do not renew your Prepaid Membership by the renewal date, your Prepaid Membership automatically expires.
Effect of Termination & Financial Obligation: Upon the cancellation, termination or expiry of your Membership, your right to use the Facilities ends and ifeelgood247 can deny you access to any ifeelgood247 Club or ask you to leave. You agree that you will be trespassing if you try to gain access to a Club or use the Facilities where your right to be a Member of the Club and use the Facilities has been cancelled, been terminated or has expired.
Any money owing to ifeelgood247 when your Membership ends, remains immediately due and payable and ifeelgood247 will deduct the amount outstanding from any refund for which you are eligible. If there is not enough money to cover the debt in the refund, then you must immediately pay the balance. We reserve the right to direct debit the balance or charge your credit card with that balance together with any transaction fees.
(b) 48 Hour cooling off period: Your new Membership can be cancelled by you within 48 hours after signing this Agreement if you advise ifeelgood247 in writing(for membership at an existing club) or within 48 hours of a club opening or 48 hours of a us advising you of a club opening where the club opening has been delayed from the original date we advised you (for memberships at a new club) . If you do, ifeelgood247 will refund all money that you paid within 10 working days from when ifeelgood247 receives your written advice.
A Member under the age of 18 must have a parent or guardian complete the Club Membership Details page and enter into these Terms and Conditions prior to the commencement of their Membership.
Children under the age of 14 are strictly NOT allowed in the Club.
Children between the ages of 14 and 16 inclusive are only permitted access ONLY during staffed hours provided that:
(a) A parent or guardian is present at signing and has co-signed this Agreement;
(b) The child is not permitted to hold a Club Key ;
(c) The child must present a current healthy teen card to be manually signed in upon entry to ifeelgood247 Facilities;
(d) A parent or guardian must be present and supervise them at any time when they attend ifeelgood247 Facilities;
(e) The child strictly follows a written workout program which has been prescribed by a qualified ifeelgood247 trainer;
(f) They comply with all Membership Policies including any policy or rule introduced to apply expressly to children.
8. 24/7 ACCESS
ifeelgood247 grants only Members of suitable age at its discretion 24/7 access to its Facilities. Any Member who brings a non-Member into the Club during unstaffed hours acknowledges that:
(a) they accept responsibility and liability on their personal behalf for any injury, loss or damage attributed to the non-Member whether or not caused through the negligence of ifeelgood247;
(b) their Membership will be terminated with a $200 non-compliance fee charged to the Member’s nominated bank account or credit card; and
(c) they will be prohibited from re-joining any Club operating under the ifeelgood247 brand.
ifeelgood247 has the absolute right to temporarily close the Club or any of the Facilities or to restrict access to all or any of the equipment at anytime (without any obligation to notify or compensate you) to undertake repairs, improvements, maintenance or replacement of equipment and to ensure the Club premises and Facilities are safe for use by all Members. This closure may also be required by the terms of the lease of the premises or by law. If that closure is likely to be for more than 24 hours we will advise you by email or by notice at the Club.
Club staffed hours are displayed at the entrance to the Club and ifeelgood247 reserves the right to make change or amend staffed hours at any time without notice.
You acknowledge that ifeelgood247 is predominantly unstaffed operating on a 24/7 basis and is accessible by Members during unstaffed hours. As a Member utilising the Facilities you acknowledge that you enter and use the Facilities at your own risk during all hours whether staffed or unstaffed. If you feel there is a risk to you, your personal property, your health and safety or you have any other concerns regarding the nature and effect of exercising in an unstaffed facility, then DO NOT sign this Agreement.
For security purposes, ifeelgood247 uses video surveillance equipment to monitor the Club 24 hours per day and also takes images (still or otherwise) and that by signing this Agreement:
(a) You acknowledge that by accessing the Facility you will be subject to video surveillance and recording including the taking of images (still or otherwise);
(b) You agree to this surveillance, images and recording;
(c) The recordings and images are the absolute property of ifeelgood247;
(d) You consent to any image (still or otherwise) or recording of you (or if you are a child your parent or guardian gives that permission) whether-or-not recorded by the surveillance equipment to be used by ifeelgood247 for any lawful marketing or other purposes in accordance with its privacy policy.
Surveillance is limited to the internal door and external Club areas only, and not within the walls of the bathrooms or client screening rooms.
It is a condition of this Agreement that you participate in a Member orientation and induction program. Orientation and induction focuses on the safe and correct use of the equipment, and Facilities and your expected conduct whilst in attendance and participating at the Club or any ifeelgood247 event. You acknowledge that you completely understand this orientation and that nothing further could be done to instruct you.
ifeelgood247 may suspend or terminate this Agreement in the event of unsatisfactory completion of the orientation and induction prior to the commencement of any exercise by you at the Facility. You agree that by signing this Agreement you have no questions or queries regarding orientation or safety.
Your use of the Facilities provided by ifeelgood247 at the Club, is entirely at your own risk and you acknowledge that the use of the Facilities may involve risk of injury, whether caused by you or another party. You release, to the fullest extent permitted by law, ifeelgood247 and its employees, officers and agents against and from all expenses, costs (including legal costs on a full indemnity basis), liabilities, claims, actions, proceedings, damages, judgements and losses of any kind whatsoever including consequential loss arising out of, caused by, attributable to or resulting from any accident, damage, loss, damage to property, injury or death to you or any other person or due to any criminal or other offensive conduct against you such as any form of harassment (whether sexual, physical or otherwise), or any defamation, assault or other criminal conduct against you by another member of the Club or other person.
You indemnify ifeelgood247 against and from all expenses, damages, costs (including legal costs on a full indemnity basis), liabilities, claims, actions, proceedings, judgements and losses of any kind whatsoever that ifeelgood247 suffers or incurs arising out of, caused by, attributable to or resulting from any accident, damage, loss, damage to property, injury or death to you or any other person caused by you at or in the Club or in the vicinity of the Club or for any criminal or other offensive conduct by you such as any form of harassment (whether sexual, physical or otherwise) or any defamation, assault or other criminal conduct by you against another member of the Club or other person.
You acknowledge that ifeelgood247 did not give you medical advice before you used the Facilities, and cannot give you any medical advice after you use the Facilities. You acknowledge that you have assessed your fitness level, ability to exercise and risk to your health by participating in a fitness service at this Club either now or after you join as a Member of the Club and that you have discussed the assessment with your doctor before using the Facilities. You represent that you are in good physical condition and have no medical reason or impairment that might prevent you from using the Facilities.
You understand and acknowledge that ifeelgood247 is providing recreational services and will not be held liable for defective products or equipment. You acknowledge and understand that equipment in the Facilities may be damaged or may breakdown during unstaffed and staffed hours and that it is your responsibility to use the equipment safely, follow any safety instructions, check the equipment before you use it and in case of fault or breakdown you must not use any such equipment and where possible you must report any breakages or defects you observe to the Club. .
If you cause damage to the Club or any equipment or your Club Key you are liable to ifeelgood247 for its cost of repair or replacement. ifeelgood247 is not liable to you for any personal property that is damaged, lost, or stolen while in or around the Club including, but not limited to, a vehicle or its contents or any property left in an open locker or anywhere else in the Club.
(a) You must provide us with any changes to your details which are relevant to your membership by completing and submitting a change of details form.
(b) ifeelgood247 is entitled to assign the benefit of and obligations imposed under this Agreement at anytime without your consent. This may occur if the Club is sold or transferred by ifeelgood247 to a new franchisee, owner or operator and the benefit of and obligations imposed under this Agreement are taken over by the new franchisee, owner or operator.
(c) You are not entitled to assign the benefit of this Agreement without the consent of ifeelgood247, which consent may be given or withheld absolutely in accordance with any Membership Policy.
Our privacy policy sets out how we use your personal information and provides information regarding the collection, use, disclosure, security and access to your personal information. Our privacy policy is available at www.ifeelgood247.com.au or by emailing privacy@ifeelgood247.com.au.
(a) This Agreement and the Membership Policies contain the entire agreement between you and ifeelgood247 and replaces any oral or other written agreement. You acknowledge that neither ifeelgood247 nor any other party has made any representations or promises upon which you have relied when entering this Agreement.
(b) Any manual or hand written changes to this Agreement (other than expressly contemplated in this Agreement) are not valid unless signed by ifeelgood247.
(c) If a court declares any part of this Agreement to be invalid, it will not invalidate the remaining parts, which continue unaffected.
(d) If ifeelgood247 does not enforce any rights under this Agreement for any reason, ifeelgood247 does not waive its right to enforce those rights at a later time.
(e) This Agreement expressly incorporates and must be read as subject to the terms, conditions and rules of the Membership Policies which are policies and club rules that apply to you and every member of the Club.
(f) ifeelgood247 has the absolute right (without having to obtain your consent) to change the Membership Policies upon reasonable notice to you and to introduce new ones from time to time which shall apply. A copy of which are located at the Club and the ifeelgood247 privacy policy which is available at www.ifeelgood247.com.au or by emailing privacy@ifeelgood247.com.au.