Livefit Australia Membership Terms

Welcome to Livefit Australia. To ensure that Livefit Australia is able to provide a safe and comfortable environment for all members and staff, please assist us by ensuring that you comply with the following conditions. We advise you to only to agree to the membership agreement if you understand and agree with these conditions. The information outlined in these terms and conditions can / will be used in the event of a discrepancy.

INTRODUCTION

By entering your card details and clicking ‘subscribe’ you are agreeing to have read this agreement and agree to abide by the rules of membership. You also acknowledge and agree that you are medically sound to undertake a normal course of exercise, you use the gym facilities at your sole risk and responsibility and you are aware that exercise is physically demanding and participation in some activities may pose a risk to your health. This agreement also relates to the member’s authority of Stripe payment processing to direct debit the nominated credit or debit card for any instalments or fees due under the terms and conditions of this Agreement and Direct Debit Request on the Livefit Australia website (livefitaustralia.com). These terms are stated below.

DEFINITIONS

In this Agreement, unless the contrary intention appears:

The singular includes the plural and vice versa.

A reference to a party includes that party’s legal personal representative heirs and assigns.

“Member” includes the parent or guardian of the Member if the Member is under 18 years.

“Member” refers to the name in which the membership account has been created, which at times may differ to the party paying for the membership.

“Livefit Australia” means the “Livefit Australia Limited” trading as “Livefit Australia” of 140 Old Perth Road Bassendean WA 6054 Australia.

RECEPTION AND ACCESS

All members must present their swipe card upon entry to the gym at every visit. Card scan is compulsory for security and insurance requirements. Card replacement cost is $50.00 for replacement 24/7 access cards.

All ‘guest visitors’ to Livefit Australia are required to present photo identification upon every visit. Entry to the Gym may be refused as a result of unpaid or outstanding membership fees. Please advise us of any changes to your address and/or contact information.

You must be a member of Livefit Australia to use the gym facility during non-staffed hours. You will be fined $150 for bringing non-members into the gym during non-staffed hours and your membership could be terminated in this instance.

GENERAL CONDITIONS OF ENTRY

To assist us in maintaining a safe and comfortable environment for all members and staff, please abide by the following conditions. Failure to abide by these conditions may result in the suspension or termination of your membership.

ENTRY

Entry will be refused or you may be requested to leave the Gym if:

You are using abusive or threatening language or behaving in a threatening way.

You are under the influence of drugs or alcohol.

You are not wearing adequate exercise clothing, enclosed footwear and have a towel with you.

NON-SMOKING

Livefit Australia is a non-smoking facility.

DRESS CODE

Fully enclosed, clean sports shoes must be worn during workouts for safety reasons. Members are required to wear a singlet or t-shirt at all times in the gym. Clothing must be clean and tidy with no offensive prints or designs for the consideration of other members.

TOWELS

Please use a towel when participating in classes and when exercising on gym equipment to maintain hygiene and safety standards. Where available, you can hire a towel for $2.00 or buy a disposable towel (also $2.00) from reception.

CHILDREN

Children up to and including 12 years of age, who are not members of Livefit Australia, are not permitted anywhere within our Gym. Children 12 years of age and under may be considered for access to the Gym at Livefit Australia’s discretion and may require medical direction. Children who are 13-14 years of age (inclusive) may become Livefit Australia members and have restricted access to Gym facilities only whilst they are fully supervised by a personal trainer and/or a parent or legal guardian. Children 15 years of age or older can join as a member (with authorisation of parent or guardian) but may have restricted access to some facilities and services.

Children 15 years and under are not able to access Livefit Australia gyms during unstaffed hours where the gym is a 24-hour operation. Those aged 16 and 17 years old may access the gym, outside of staffed hours.

PERSONAL TRAINING

Personal training services are available for use in Livefit Australia Gyms for an additional fee. Please contact the gym for more information or make contact with one of our trainers directly. Personal Trainers within Livefit Australia are contractors and all arrangements for personal training services and payments should be made directly to Livefit Australia.
Please note only authorised Livefit Australia registered personal trainers are permitted to train members in Livefit Australia. Conducting personal training within a Livefit Australia gym without being an approved trainer may result in the cancellation of your membership.

USE OF EQUIPMENT

For the safety of you and others, please follow all equipment operating and safety instructions on the equipment. If you are not sure of correct use or operation of equipment please seek assistance from a Livefit Australia team member. In functional training zones please seek assistance from a personal trainer if you are unfamiliar with the equipment or its safe and appropriate use.

We ask that you return weights and bars to their racks when you have finished with them. This includes unloading plates from machines and bars when you have finished. This also applies to equipment used in group fitness classes.

LOST PROPERTY

Livefit Australia does not take responsibility for loss or damage to your belongings. Any items of lost clothing will be held for two weeks, and then donated to charity or disposed of.

MEMBERSHIP

ENTITLEMENTS

Membership at Livefit Australia entitles you to:

Work out as many times as you wish in a given membership period.

Participate in normally scheduled group fitness classes.

Use of exercise equipment located on the gym floor and cardiovascular training areas.

OBLIGATIONS

Membership at Livefit Australia requires you to:

Update your contact details when they change so that we can keep in touch.

Comply with all conditions of entry (see in gym signage) and the guidelines in this document.

Pay all agreed fees, ensure sufficient funds are available to cover all fees and advise us in advance if your bank account or credit card is closed or changed.

Inform us in advance if there are any risks to your health if you participate in fitness services and if required seek approval from your doctor or general practitioner.

You acknowledge that it is your responsibility to cancel direct debit facilities in respect of your membership when this agreement expires or is terminated.

SPECIAL CONDITIONS REGARDING MEMBERSHIP ENTITLEMENTS

There are variations in the facilities and services provided at different Livefit Australia gyms. To ascertain exactly what a particular gym provides in addition to the above entitlements, please enquire at the gym directly. There may be additional fees charged to access these facilities and services.

Livefit Australia reserves the right to make changes to exercise equipment supplied in its gym at any time. Livefit Australia also reserves the right to make changes to the group fitness timetable at any time. (ie. alter the class type, times and instructors).

All entitlements and entry into any Livefit Australia gym are revoked if a member’s account is in arrears in excess of $50.00.

If your automatic direct debit reverses or is returned to us by your financial institution we will attempt to contact you about retrying the debit. If the debit remains outstanding it will be processed within 14 days of the reversal with any reversal and late fees that apply. If you fail to pay us the fees by the due date, we are entitled to refuse you entry to the gym. If unpaid fees remain outstanding and after attempts by us to rectify the arrears, your membership may be forwarded to a collection agency for further action.

CHANGES TO CONDITIONS

Livefit Australia reserves the right to change the conditions contained in Clause 9 by providing you with one month advance written notice of any changes.

CANCELLATION / TERMINATION

This agreement is subject to a cooling-off period. A cancellation request should be directed to your Livefit Australia gym.

During Cooling Off Period:

Your membership is subject to a 7 day cooling-off period. The cooling-off period applies to new memberships only and does not apply to membership transfers or renewals. The cooling-off period starts from the date the agreement is entered into (the date the agreement is signed) and ends at the close of business 7 days later and may be terminated under the following conditions:

Livefit Australia requires a written request to terminate the membership within the time frame specified as the cooling-off period from signing the membership agreement.

All monies paid will be refunded with the exception of an administration fee of $89 or $99 if your Livefit Australia key tag and any merchandise you received on joining are not returned.

Livefit Australia may request an additional payment to recover costs in relation to any fitness services provided to the member within this period.

Permanent Sickness or Physical Incapacity:

Livefit Australia requires a written cancellation request advising the nature of the illness or physical incapacity, outlining specifically how this prevents you from utilising any of the services or facilities that Livefit Australia is able to provide.

Livefit Australia requires a medical certificate stating that you cannot utilise any fitness services or facilities because of your permanent illness or physical incapacity.

Cancellation for any other reason

Livefit Australia requires that a written cancellation request form be completed and all requests must be directed, in the first instance, to your Livefit Australia gym.

Cancellation within minimum term: you may terminate this Agreement at any time without any notice period. Please allow up to 3 days for the contract to be terminated.

Termination by Livefit Australia

Livefit Australia reserves the right to terminate this membership agreement in accordance with the following conditions:

Failure to abide by any of the criteria listed in the Conditions of Entry (posted in your gym) or the items listed in this agreement.

Action upon a complaint by either a Gym member or an employee (or contractor) of Livefit Australia.

24 HOUR OPERATION

You acknowledge and agree that in relation to the 24-hour operation you must not admit guests, or let anyone else use your 24/7 pass at any time to a Livefit Australia 24/7 gym outside staffed hours. If you breach this term you will be notified by Livefit Australia and be debited by our billing provider an initial unauthorised entry fee of $150. Subsequent breaches will incur a $150 unauthorised entry fee and your membership may be cancelled. If you deliberately use the emergency system inappropriately, you agree to pay any costs, loss or damage incurred because of this inappropriate use.

By using a Livefit Australia 24 hour facility you acknowledge certain inherent risks in relation to the use of facility and equipment and those risks and safety procedures have been explained.

DAMAGE & PERSONAL INJURY

To the extent permitted by law, Livefit Australia excludes any liability to the Member in Agreement, tort, statute or in any other way for any injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by the Member and/or any other person, or for any costs, charges or expenses incurred by the Member, arising from or in connection with this Membership Agreement and/or the services/products provided by Livefit Australia, and/or any act or omission of Livefit Australia.

SAFETY, MAINTENANCE & SERVICE DEMAND

From time to time Livefit Australia may be required to make changes to the operation of the premises, these may include:

Changing the operating (or staffed hours in a 24/7 gym) hours to suit demand.

Changing the availability of facilities or services within the Gym.

Closing off part of the premises or equipment for maintenance or safety reasons.

Changing Conditions of Entry or Gym Rules.

Where this occurs Livefit Australia will provide reasonable notice on the Gym notice boards and at the reception.

SUSPENSION

Suspensions are available at any time and only require written notice. Please allow up to 3 days to process the request.

PAYMENTS BY DIRECT DEBIT

If paying by Direct Debit the Member agrees to pay the instalment amount at the agreed payment frequency until this Agreement is terminated in accordance with clause 9. Should there be any arrears in payments the Member authorises Livefit Australia to debit the outstanding balance in order to bring the account up to date.

PRIVACY

A Customer’s “personal information” (as that term is defined in the Privacy Act 1988 (Cth)) will only be used by Livefit Australia or

Livefit Australia to provide you with the services contemplated by this Agreement. Livefit Australia’s Privacy Statement is to be found on its website livefitaustralia.com.

ENTIRE AGREEMENT

This Agreement and the DDR Service Agreement (if paying by Direct Debit) constitute the entire agreement, understanding and arrangement (express and implied) between the Member, Livefit Australia relating to the subject matter of this Agreement and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.

WESTERN AUSTRALIA

This agreement is subject to a 48 hour cooling off period, however, in line with clause 10(a) Livefit Australia offers a 7-day cooling-off period.

Clause 10 b. ii. 4 is presented as follows:

In accordance with Clauses 10 b. ii. 1-4, the Member may terminate this Agreement before the expiry of the minimum term or payments only if all the instalments and fees due up to the date of the expiry of the minimum term are paid. After the expiry of the minimum term or payments, and after all instalments and fees due have been paid in full, should the box on the front of this Agreement requesting termination at minimum term be marked then this Agreement shall automatically terminate.

Should the box on the front of this Agreement requesting termination after the minimum term not be marked, then this is an ongoing membership agreement. The Agreement will continue until either you or the supplier 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 your fitness centre cancels the arrangement by notifying your bank or credit provider. If you terminate the Agreement or stop the automatic debit arrangement in a manner not described in the Agreement, then you may be liable to the fitness centre for damages for breach of contract.

Any instalments/fees due at the date of termination (including instalments/fees which fall due during the notice period) will remain a debt owed to and recoverable by Livefit Australia and/or Livefit Australia. The Member shall not consider that this Agreement has been terminated until such time as this is confirmed in writing to the Member by Livefit Australia (not more than 14 days after the termination date). Termination of this Agreement will also terminate the Direct Debit Request Authority.

DIRECT DEBIT REQUEST (DDR) TERMS AND CONDITIONS

INITIAL TERMS

Livefit Australia will debit your nominated account for the amounts and at the frequency of payments as agreed between us on the Livefit Australia DDR Membership Agreement signed and accepted by you.

CHANGE OF TERMS

In the unlikely event that the initial terms are to change, they can only do so in accordance with your Contract and we must give you at least 14 days notice of the changes including if applicable the new amount, new frequency and next debit date.

DEFERRING OR STOPPING A PAYMENT

Should you wish to defer a payment to another date you must contact Livefit Australia before the date of that payment to request the deferment. Deferments are entirely at the discretion of Livefit Australia and will depend on the length of deferment, the current state of your account and your past history. You may request us to stop an individual payment however you will still be liable to make this payment by some other method or your account will become Overdue

ALTERING THE SCHEDULE

Should you wish to alter the payment frequency or Day to Debit contact Livefit Australia and at our discretion in most instances, we will be able to make the changes you require. There may be a fee charged for this service (details of any fees payable can be obtained by contacting Livefit Australia on 1-800 040 576). Any changes made will not affect the total amount you would otherwise have paid over the minimum term of your Contract.

SUSPENDING THE PAYMENTS

Suspension of payments may be possible under the terms of your Membership Agreement. Payments may be suspended for a minimum of 2 weeks at a time so long as the total time suspended within 12 months does not exceed 4 weeks. In order to suspend payments, you should contact Livefit Australia at least 3 days prior to the date of the first suspended payment. There is a charge of $5.00 per week while the Membership Agreement is suspended unless a different fee is specified on the front of this Contract. Any time spent on suspension will be added onto the minimum term of the Membership Agreement so that the sum of the instalments payable for the minimum term or number of payments shall still be payable regardless of any suspension or suspension charges made.

CANCELLING THE PAYMENTS

You can cancel this Direct Debit Request Authority by requesting this of Livefit Australia or your bank. Cancellation of the authority to debit your account will not terminate this Membership Agreement or remove your liability to make the payments you have agreed to.

DISPUTES

If you dispute any debit payment, you must notify Livefit Australia immediately. Livefit Australia will respond to your dispute within 7 working days and will immediately refund the amount of the debit if we are not able to substantiate the reason for it. If you do not receive a satisfactory response from us to your dispute contact your financial institution who will respond to you with an answer to your claim within 5 business days if your claim is lodged within 12 months of the disputed drawing, or within 30 business days if your claim is lodged after 12 months from the disputed drawing.

NON-WORKING DAY

When the day to debit falls on a weekend or public holiday the debit will be initiated on the next working day.

DISHONOURED PAYMENTS

It is your responsibility to ensure that on the due date clear funds are available in your nominated account to meet the direct debit payment. Should your payment be dishonoured Livefit Australia will debit you an additional $10 with your next payment and may, if we have not received instructions to the contrary from you, debit both the current due payment and the now overdue payment(s) on the same day. Livefit Australia may debit other fees or costs involved with debt collection in accordance with the terms and conditions of the Contract (refer to clause 18 Debt Collection Agencies).

ENQUIRIES

All enquiries should be directed to Livefit Australia and should be made at least 1 working day prior to the next scheduled debit date.

YOUR OTHER RESPONSIBILITIES

In addition to those already mentioned, you are responsible for ensuring that your nominated account is able to accept direct debits. If it is not, it is your responsibility to provide Livefit Australia with a new account number.