TERMS AND CONDITIONS OF MEMBERSHIP
Your membership agreement has a minimum initial term of 3 months from the start of the first fortnightly billing period commencing after your membership start date set out in your application form. After the initial term ends your membership automatically renews on a monthly basis unless terminated in accordance with this agreement.
1. OUR AGREEMENT WITH YOU
1.1 The agreement between Physio Gym™ physiotherapy (hereafter 'Physio Gym', 'us', 'we' and 'our') and you is set out in and comprises:
(a) The terms and conditions set out in this document and/or the Physio Gym website;
(b) The Physio Gym Rules and Etiquette;
(c) Your signed Application Form;
(d) Your completed Payment Authority Form; and
(e) Your completed Health Questionnaire.
1.2 By submitting your Application Form you are acknowledging that you have read and understood all of the terms and conditions set out in the Agreement. If you do not understand any of the
terms and conditions you should contact us for clarification before submitting your Application.
2. YOUR MEMBERSHIP WITH PHYSIO GYM
2.1 You are becoming a member of Physio Gym at the location set out in your Application Form. You are entitled to attend and use the Facilities during the hours the Facility is open for business. Please note that from time to time there may be temporary changes in the availability of our location(s) for the purposes of cleaning, improvements, repairs or maintenance, or functions or holidays.
2.2 As we expand and open more locations in the future, you will have the right (subject to our Fair Use Policy) to attend and use the facilities at other Physio Gymlocation.
2.3 All use of our Facilities remains subject to your strictcompliance with the Physio Gym Rules applicable to each location and any Fair Use Policy or Rules are in force from time to time. We reserve the right to suspend your entitlement to use other locations if you do not comply with this Agreement. Some membership types may not be entitled to attend other locations.
2.4 Your membership is personal to you and is nottransferable to any other person.
2.5 Your membership does not entitle you to bringguests who are not existing members or clients of Physio Gym to use our Facility during unstaffed hours, or without our prior consent.
2.6 You agree that your entitlement to the use of the services for the agreed term is non-transferable, non-refundable, and non-suspendable except for the specific circumstances outlined herein.
2.7 We reserve the right to refuse entry to any person,including members, and have the right to cancel your membership without notice:
(a) Where we, in our discretion, deem your behavior in our facilities to be inappropriate;
(b) Where you display behavior that we consider to be inappropriate towards our staff or other members, agents, visitors or clients, including but not limited to behaviour that is harassing,
discriminatory and/or threatening in nature;
(c) Where you have intently, wilfully and repeatedlyignored safety instructions from our staff, including but not limited to the safety requirement of the use of the equipment contained within our facility and thereby placing yourself and/or other persons within our facility at risk; and
(d) Where you have intently, wilfully and/or damagethe equipment in our facility.
3. START OF YOUR MEMBERSHIP
3.1 Your membership starts on the date set out in yourApplication but only if you have:
(a) Had a session with one of our physiotherapist,signed these Terms, and your Application, and your Payment Authority Form and have submitted to us your Health Questionnaire together with any other medical details which we may reasonably require that you provide; and
(b) We have been paid any Joining Fee set out inthe Application Form.
3.2 At the end of your Minimum Commitment Period,you hereby expressly consent and agree for Physio Gym to automatically renew your membership on a monthly basis unless you terminate your membership under this Agreement by providing at least 1 month's written notice.
4. CANCELLATION AND FREEZING YOUR MEMBERSHIP
4.1 You may place your membership on hold or "freeze" your membership by giving us notice in writing or completing a "Membership Freeze" form. While your membership is on hold you will not be entitled to use any of our facilities.
4.2 You agree to pay the Freeze Fee for each billing period during which your membership is on hold. If you request to place your membership on hold other than on the first day of our billing period, then you
must still pay the Fee for the current billing period prior to your membership going on-hold. If you request to lift the hold on your membership other than on the first day of our billing period, then you agree to pay the Fee for the whole of that billing period (whether or not you used our facilities during that time).
4.3 You may place your membership on hold for up to3 months. If you place your membership on hold during the Minimum Commitment Period, then the Minimum Commitment Period will automatically extend for the period which your membership was on hold.
5. COOLING OFF PERIOD
5.1 If you change your mind about your membership within 14 days of joining Physio Gym you may request in writing a refund of any upfront fees from us (Cooling Off Period).
5.2 We will provide you with a refund subject to you returning any of our property (including access keys and any gifts we provided to you upon joining). If you have used our facilities during the Cooling Off Period we will deduct from any refund the amount of any single visits you have made to a Physio Gym location at the prevailing rates together with a reasonable administrative charge.
5.3 Your membership is otherwise non refundable, andany request to cancel any membership for change of mind or any reason whatsoever after the Cooling Off period will not be granted.
6. PHYSIO GYM RULES AND ETIQUETTE
6.1 Your use of our facilities are subject to the Physio Gym Rules and Etiquette which are in force from time to time for each of our locations.
6.2 You remain responsible for the conduct of your guests while they attend any of our locations.
6.3 Physio Gym Rules and Etiquette will be displayed on our website and at each location.
7. ENDING YOUR MEMBERSHIP DURING YOUR MINIMUM COMMITMENT PERIOD
7.1 Your membership includes a Minimum Commitment Period. If you wish to end your membership during the Minimum Commitment Period, you must provide us with 1 months' notice and agree to pay the Fee calculated as if your membership had ended at the later of:
(a) The end of the Minimum Commitment Period; or
(b) The end of the billing period during which theday 1 month after you give notice of ending your membership falls.
(Early Termination Fee).
7.2 If you end your membership during the Minimum Commitment Period, you may retain any gifts we have provided to you upon joining.
8. ENDING YOUR MEMBERSHIP AFTER YOUR MINIMUM COMMITMENT PERIOD
8.1 After the end of your Minimum Commitment Period, you may provide us with 1 months' notice of termination of your membership in writing or by completing our nominated form.
8.2 You may terminate your membership immediately on providing written notice within 1 month of any of the following occurring:
(a). We increase your Membership Fees other than in accordance with this Agreement;
(b) We breach any term of this Agreement and fail to rectify that breach within 14 days of your written notice concerning the breach.
8.3 You may terminate your membership immediately if you suffer an injury or illness which prevents you from attending Physio Gym for a period of at least two months and provide us with reasonable medical evidence of the injury or evidence. If you terminate under this clause your membership will be terminated at the end of the current billing period so long as we receive notice at least 5 days prior to the end of the billing period.
8.4 If your membership is on a month-to-month basissuch that your initial period is over, you can cancel your membership if you give thirty (30) days notice in writing. Your termination notice period starts only after we send back to you our written confirmation of receipt of your termination notice, which we shall do within seven (7) days of the date we receive your termination notice, and after your next direct debit occurs. Where either party terminates your membership any fees that you have not paid (for example, if you had not paid for the previous month) will need to be paid or we may take action to recover the outstanding payments.
8.5 If you elect to cancel the membership:
a) Any amounts paid to date of cancellation shall be non-refundable;
(b) Any amounts then due and payable and unpaid shall be immediately recoverable without the necessity of any formal notice or demand; and
(c) Any amounts which, but for the cancellation of the Membership, would have become payable during the initial period, shall be paid by you on the date on which, but for the cancellation, the amount would have become payable, and if not paid, shall be immediately recoverable without necessity of any formal notice or demand.
8.6 Memberships paid in full upfront shall be nonrefundable, but transferable to a nominated friend, relative or associate for the unused portion of the membership at the time of cancellation.
8.7 Any Membership or after sales programs of three (3) months or less shall be non-refundable.
9.1 Unless you terminate this Agreement during the Cooling Off Period, the Joining Fee is nonrefundable and is due and payable when you sign this Agreement.
9.2 You are responsible personally for paying any Membership Fees and any other ongoing payments set out in your Application form as and when they fall due.
9.3 Your Membership Fees are due for the whole of each billing period even if you give notice of termination during a billing period. If you join us during a billing period your Membership Fee will be charged on a pro-rata basis for that billing period.
9.4 You agree to only pay your Membership Fee by direct debit or periodic credit card authority provided to us.
9.5 Any other fees which may become payable, such as for personal training or guest passes, will be set out in a separate price list. If you elect, we can charge these fees to your direct debit or authorised credit card.
9.6 If any Fees are outstanding, your right to use any of our facilities is suspended until those Fees are paid.
9.7 If your direct debit or direct credit is declined for any reason, you authorise us to charge you any fee charged to us by any third party payment processor plus an administrative fee of $50 per instance.
9.8 You cannot seek any reduction in your membership fees if Physio Gym is closed for the following reasons:
(a) Public holidays
(b) Training and education courses
(c) The gym cannot be staffed appropriately
(d) Classes are cancelled or changed
(e) The facility is hosting training
(f) Treating practitioners are sick or
(g) The gym temporarily closes due to a safety risk.
9.9 Physio Gym will endeavour to give as much notice as possible for the above circumstances.
10. CHANGES TO FEES
10.1 Your Membership Fee is fixed for your Minimum Commitment Period unless there is a change to the GST which we must apply to your Membership Fee in which case you will be liable to pay the increased GST.
10.2 We may increase the Membership Fee but will provide you at least 1 months prior notice of any change and the date from which the change will take effect by sending you an email and or electronic notification to our App.
10.3 If you do not wish to accept an increase in the Membership Fee, you may terminate your membership by in accordance with clause 8. If you do not terminate your membership, you will be liable to pay the new Membership Fee from the date it is introduced.
11. TERMINATION OF YOUR MEMBERSHIP
11.1 We reserve the right to immediately terminate your membership by written notice if:
(a) You persistently or seriously breach the terms of this Agreement including the Physio Gym Rules and Etiquette;
(b) You breach the Physio Gym Rules and Etiquette 3 times within any 3 month period;
(c) You breach the terms of this Agreement and the breach, if capable of being remedied, is not remedied within 14 days of you being notified of the breach;
(d) If any Fees remain outstanding for more than 1 month; or
(e) We discover that any details you provided us when joining are false.
12. BREACH OF THIS AGREEMENT AND COLLECTION COSTS
12.1 If any Fees are outstanding you agree to pay:
(a) interest on those Fees at the rate equal to the highest Commonwealth Overdraft Rate published for any billing period plus 5% per annum compounding monthly; and
(b) any debt collection costs we incur, which may include a contingency of up to 25% of the amount outstanding; and
(c) any legal costs we incur on a full indemnity basis.
12.2 You agree that the above payments are not a penalty and represent a fair pre-estimate of the loss and damage we may suffer in the event you fail to pay your Fees.
13. CHANGES TO THIS AGREEMENT OR PHYSIO GYM RULES AND ETIQUETTE
13.1 We may make reasonable amendments to these terms and conditions or any Physio Gym Rules and Etiquette from time to time.
13.2 We will provide you at least 1 months' notice of changes to the terms and conditions by sending you an email or electronic notification or providing notice on our website.
13.3 If you do not agree to any changes to the Agreement or Physio Gym Rules and Etiquette you may terminate the Agreement in accordance with clause 8. If you do not terminate your membership, you will be bound to the amended terms and conditions from the date those changes are introduced.
14. MEMBER'S PACKAGE
14.1 A member's package and benefit entitles the member to access particular areas and services of Physio Gym™ physiotherapy. The construct of equipment access and services will be determined by the Physio Gym™ physiotherapy membership.
14.2 Direct debit request moneys for the fortnightly payment of your membership will be deducted by the company eDebit on behalf of Physio Gym from your nominated account or from your credit card. A fee of 2.5% is automatically added for credit card transactions. A service agreement with eDebit will be required prior to commencing your direct debit request.
15. 24/7 ACCESS MEMBERSHIP
15.1 This membership grants you the use of the Facility twenty-four (24) hours seven (7) days per week including public holidays. You acknowledge that the facility may be unstaffed during certain times. You accept, agree, consent and acknowledge that the Facility will be monitored at all times by CCTV surveillance. There are no CCTV surveillance in the bathrooms and change rooms located within the Facility. To be eligible for this membership, you must:
a) Be assessed by the a Physio Gym as to your fitness, health, agility and physical suitability to exercise, train, practice and safely complete and undertake, in whole or in part, the Prescribed undertake, in whole or in part, the Prescribed Exercises unsupervised.
(b) You have been provided with the Prescribed exercises; and
(c) See one of our physiotherapists every ten weeks.
15.2 Membership will expire at the end of twelve(12) weeks from the initial term or renewal date unless you have complied with 15.1 above.
15.3 We reserves its rights to cancel any member on the 24/7 Access membership in its absolute sole discretion, and in the event any members violate or breach the terms and conditions of use and entry of the Facility, or for failing to observe and abide by the terms and conditions made specific to the 24/7 Access membership.
15.4 Physio Gym™ reserves its rights to offer and replace your membership with a Staffed Access membership at its sole discretion.
16. STAFFED ACCESS MEMBERSHIP
16.1 This membership grants you access to the Facilities to undertake, carry out, perform the Prescribed
Exercises during the hours of 9am to 4pm, Monday toFriday and 9am to 3pm Saturdays, excluding Sunday and public holidays.
16.2 Staffed hours may be subject to change. Notification of any changes shall be placed at the front door.
16.3 From time to time the Facility may close without notice for reasons including but not limited to illness, staffing and emergencies in which case access will not granted.
16.4 We shall use its best efforts to notify you, however, you agree and acknowledge that we shall not be liable for any loss, costs or damage suffered by you by reason of any closure of the Facility or any other reason preventing you from accessing and using the Facility.
17. PHYSIO GYM CLASSES
Physio Gym Classes enable you to complete your Prescribed Exercises under supervision of a physiotherapist in a group environment. To be eligible for participation in these classes, you must meet the following conditions:
17.1 A physiotherapist has assessed your suitability to attend the Classes;
17.2 Our physiotherapist has created and provided to you a Prescribed Exercise to complete, train, or carry out in the Classes;
17.3 That within 14 days of a Class supervisor's request, you make have scheduled an appointment and you have been reassessed by one of our physiotherapist;
18. MEMBERS CLASSES
These Member Classes are a complimentary exercise class offered as part of a membership at the discretion of the physiotherapist. These classes may be limited to you or cancelled at management's discretion. Floor classes are mainly conducted by either a Physiotherapist, Exercise Physiologist, Exercise Scientist or trained staff. They have higher numbers and less supervision. The routine is often set and specific adjustments to your program must be more self-directed. If you are concerned it is advised you discuss with the class instructor your needs prior to the class and seek to do individual sessions with the instructor to help devise alternative exercises to do during the class that is appropriate and safe. At times management may require bringing in non-allied health trained instructors.
19. SHORT TERM MEMBERSHIP
Short Term Memberships are any membership contract period less than 3 months duration, these memberships cannot be on direct debit request and must be a pre-paid membership, unless otherwise directed by management. For the general gym component, only one floor class per week is allocated to the member.
20. LONG TERM MEMBERSHIP
Long Term Memberships are any membership term greater than or equal to 3 months. A direct debit request is available to these members.
21. THE BEAT IT CLASSES
The Beat It classes are not included as part of any membership and must be billed separately.
22. START UP TRAINING SESSION
A Start-Up Training Session must be conducted before starting a membership by your treating physiotherapist will include:
22.1 Introduction to the facility;
22.2 Introduction to a basic Prescribed Exercise program; and
22.3 Introduce you to the use of the Physio Gym EPS
23. MEMBERSHIP ACCESS PASSES
23.1 The passes will entitle the member access to the entitlements of their specific membership. Members must use their card to enter the facility. They must swipe their card on the appropriate card reader to signify if they are attending to:
(a) Use the gym or attend a floor class;
(b) Attend a studio class; or
(c) Attend a physiotherapy or personal training session.
23.2 A $10 fee applies for replacement card.
24. RISK OF INJURY
24.1 You acknowledge that your use of our facilities and exercise may involve the risk of injury to you. You use our facilities at your own risk.
24.2 You must monitor your own physical condition and wellness at all times and only exercise within your comfort levels.
24.3 If you are injured please notify a membership of our staff immediately.
24.4 If you fall within the following classes of persons you should consult a healthcare professional before joining Physio Gym:
(a) Pregnant women and women who are breastfeeding or trying to conceive a child;
(b) Persons with any ongoing physical condition which may increase the risk of injury during exercise including:
(1) Cancer or long term illness;
(2) Liver disease, kidney disease or renal failure;
(3) Eating disorders;
(4) Diabetes, blood pressure problems or cholesterol issues;
(5) Elderly persons; and
(6) Low body mass index.
(c) Persons recovering from or recently recovered from a serious injury or illness.
25. YOUR RESPONSIBILITIES AND HEALTH
25.1 Your use of Physio Gym equipment and the facilities must be conducted in a safe, correct and proper manner. If you are in any doubt as to how to operate any equipment, or if the equipment is not appropriate for you to use you should consult a member of staff before use. You are responsible for any damage which you or your guest may cause to the facilities.
25.2 You agree to indemnify and forever hold harmless any loss, injury or damage suffered by you or by Physio Gym, its guests, staff or other members where such loss, injury or damage has been caused by your wilful or negligent conduct.
25.3 Medical History - If you have any major physical or mental illnesses, disability or dysfunction a medical clearance from your treating doctor is required, Physio Gym reserves the right not to allow membership if your condition is considered by Physio Gym to be unsafe and/or a liability.
25.4 Rehabilitation, Management And Prevention - If you intend to take a membership for the purpose of physiotherapy prescribed physical rehabilitation, management and prevention you are required to be assessed by the physiotherapist to determine your suitability for independent or class exercise in Physio Gym. Physio Gym reserves the right to deem you as unsuitable for membership, independent and group training.
25.5 General Health - Upon initiating your membership with Physio Gym, a general health medical assessment form ascertains the condition of your health is issued. If Physio Gym considers a medical or physiotherapy assessment is required before the issue of a membership, then it reserves the right to prevent your access to the Gym, Studio and floor class facilities and services.
25.6 You promise and represent on the date of signing these membership terms, and you repeat such warranty and representation each time you use our facilities, that your medical condition has not worsened is such manner to put you at risk of further injury, and that you are in sufficient physical condition to be engaging in active or passive exercise and that such exercise would not be detrimental to your health, safety, comfort orphysical condition.
25.7 We strongly advise you to take advice from your medical doctor prior to commencing any exercise program if you are in any doubt about your ability to engage in active or passive exercise.
26.1 To the extent permitted at law, we disclaim and will not be liable to you under this Agreement, tort, statue 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 such as loss of opportunity or loss of profits) suffered by you and/ or any other person arising in connection with this Agreement and/or your use of our facilities and/or any act or omission of Physio Gym.
26.2 Your use of Physio Gym equipment and the facilities must be conducted in a safe, correct and proper manner. If you are in any doubt as to how to operate any equipment, or if the equipment is not appropriate for you to use you should consult a member of staff before use. You are responsible for any damage which you or your guest may cause to the facilities.
26.3 You agree to indemnify and forever hold harmless any loss, injury or damage suffered by you or by Physio Gym, its guests, staff or other members where such loss, injury or damage has been caused by your wilful or negligent conduct.
27. EXTERNAL CONTRACTORS
27.1 Some contractors provide some of their services, such as personal training, group training, GYROTONIC® and Pilates instruction, at Physio Gym.
27.2 In the case when fees for services are paid directly to these contractors we take no responsibility for the fees paid to these contractors.
27.3 Any claim which you might have as a result of an act or failure to act by such a contractor (whether or not payment has been made to the contractor) will be brought against, and will be the responsibility of, that contractor and not Physio Gym. You hereby release, indemnify and keep indemnified, us for any claim suffered by you as a result of an act or omission by a contractor in Physio Gym.
27.4 If you make a claim because of something an external contractor has or has not done, your claim should be brought against the provider, not us, whether you have paid them or not. You release us from, and hold us harmless from, any claim resulting from an act or omission by the contractor. Wherever we can we will help you resolve issue with the external contractor.
28. PRIVACY AND COLLECTION NOTICE
28.2 Your information will be collected by or on behalf of us and may be disclosed to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all our services or products to you. We may disclose your personal information to recipients that are located outside of Australia, including to software companies located in the USA.
To the extent any clause of this Agreement is void or unenforceable at law, it may be severed without affecting the balance of this Agreement, which remaining enforceable.
No failure to enforce a right available under this Agreement by either party will constitute a waiver of that right.
29.3 No representations
You acknowledge and agree that you have not entered into this Agreement in reliance on, or based on, any representations made by us and not otherwise contained in the documents comprising this Agreement.
29.4 Whole Agreement
The Agreement comprises the whole and entire agreement between you and us and supersedes and replaces any prior agreements.
All notices required to be given in this Agreement must be given in writing:
(a) In the case of notice to you:
(1) to your nominated email address;
(2) by post to our nominated postal address; or
(3) where applicable, such as for a change in terms or Membership Fee, by a notice being posted at a location or on our website.
(b) In the case of us: by writing to Email: firstname.lastname@example.org; or Notice given after 5:00pm on any Business Day will be deemed to have been given on the following Business Day.
We may assign our rights and obligations under this agreement, or subcontract the delivery of our obligations to you under this agreement, without notice to you.
This agreement is governed by the laws in the state of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of that state.
30. WARNING UNDER THE COMPETITION AND CONSUMER ACT 2010 RESTRICTIONS ON YOUR RIGHT TO SUE
30.1 Under the Competition and Consumer Act 2010 (the Act), several conditions are implied into agreements for supplying certain goods and services. These guarantees mean that we guarantee the services we supply to you are
30.2 • Rendered with due care and skill
• Fit for any purpose you have told us you are acquiring the services for or for a result which you have told you wish the services achieve, and
• Will be supplied in a reasonable time
30.3 Under section 32N of the Act, the supplier is allowed to ask you to agree that these conditions do not apply to you. If you sign the agreement, you will be agreeing that your rights to sue the supplier under the Act if you are killed or injured because the services were not rendered with due care or skill, or they were not reasonably fit for their purpose, are excluded, restricted or modified as set out in these terms and conditions.
30.4 The changes to your rights in these terms and conditions, does not apply if your death or injury is due to the suppliers gross negligence. Gross negligence is defined in the Fair Trading (Recreational Services) regulations 2004
31. YOUR PROMISE
31.1 You promise: To make sure that you know how to exercise safely, by asking if necessary.
31.2 To use your best endeavours to exercise safely.
31.3 You will not take valuables into the practice, even if you plan to use a locker or bag shelf supplied.
32.1 If you are unable to resolve a complaint about your gym membership with Physio Gym management then you can contact Fitness Australia in writing: Complaints Administration Officer Fitness Australia
PO Box 6453 South Sydney Corporate Park Alexandria NSW 2015 Phone: 1300 211 311 Email: email@example.com
In this Agreement:
33.1 The singular includes the plural and vice versa;
33.2 A reference to a party includes that party's heirs and assigns.
33.3 If a member is under the age of 18, then a reference to 'you' includes your parent or guardian.
33.4 All reference to dollars are references to Australian dollars;
33.5 All amounts referred to in this Agreement are exclusive of GST unless otherwise stated;
33.6 All things to be done under this Agreement are to be done by the time and date in Sydney, Australia;
33.7 To the extent there is any inconsistency between the documents comprising this Agreement, such inconsistency is to be resolved by applying to following order of precedence, where any document higher in the following list takes precedence over the documents lower in the list to the extent of any inconsistency:
(a) These terms;
(b) Your Payment Authority Form; and
(c) Your Application Form.
34. CLAUSES WHICH SURVIVE TERMINATION
The following clauses of this Agreement survive termination for any reason:
34.1 Clause 9 (Fees);
34.2 Clause 12 (Breach of this Agreement and Collection costs);
34.3 Clause 26 (Liability);
34.4 Clause 28 (Privacy and Collection Notice);
34.5 Clause 29 (General)
34.6 Clause 33 (Interpretation); and
34.7 Clause 35 (Definitions).
Application Form means the document you submitted to us (either in writing or electronically) requesting that we enter into an agreement with you on the terms of the Agreement.
Business Day means a day other than Saturday, Sunday, a gazetted public holiday in New South Wales or 27, 28, 29, 30 or 31 December.
EPS means Physio Gym™ Exercise Prescription Software.
Fair Use Policy means any policy we put into place (and post on our website) concerning the attendance by members at a location other than their Home Location.
Fees means each of the following (each of which also stands alone as a defined term in this Agreement):
(a) Joining Fee - $50
(b) Membership Fee – your membership fee will depend the type of membership you hold;
(c) Any other fees falling due under this Agreement, including the Early Termination Fee.
Physio Gym means Physio Gym™ physiotherapy
Physio Gym Rules means the rules of conduct posted