Terms and Conditions

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

INTRODUCTION

By signing the agreement you acknowledge and agree:

• you have been given a copy of this agreement and agree to abide by your obligations in it;
• you are medically sound to undertake a normal course of exercise, you use the club 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; and
• this agreement also relates to your authority to ClubFit or other debiting agent nominated by Beaconsfield Fitness Centre from time to time to directly debit the nominated bank account or credit card for any instalments or fees due under the terms and conditions of this Agreement and Direct Debit Request. These terms and conditions are set out in this agreement.

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.
• “Club’’ refers to Beaconsfield Fitness Centre your membership entitles you to visit.

“ClubFit” is ClubFit Software Pty Ltd, E-mail: sales@clubfitsoftware.com.au or other debiting agent nominated by Beaconsfield Fitness Centre from time to time.

• “Free Time” means that period of your membership contract in which you are not required to pay membership fees but have your usual club access rights.
• “Beaconsfield Fitness Centre” means the “Winterburn Fitness Pty Ltd (ACN 651 284 954)” trading as “Beaconsfield Fitness Centre” of PO Box 590 Officer VIC 3809.
• “You” and “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, and includes the parent or guardian of the Member if the Member is under 18 years.

“Website” means the Beaconsfield Fitness Centre website at www.beaconsfieldfitness.com.au or such other website as notified to Members from time to time.

“24.7 Active Pass” means the electronic card, fob or digital access pass you are provided with when you elect to access the Club outside staffed hours of operation.

“24.7 Access Policy” means the Beaconsfield Fitness Centre policy concerning use of the Club facilities during unmanned hours which you are advised about at the time of your 24/7 Induction training.

MEMBERSHIP QUERIES

All queries and comments about the services provided under this Agreement should be directed to the Club via its contact details listed on the website.

All queries and comments about the direct debit billing service should be directed to ClubFit.

The Member acknowledges that ClubFit has been engaged by the Club to collect the fees due under this agreement if paying by way of direct debit, and also acknowledges that all rights of the Club under this Agreement are able to be enforced by ClubFit as if it were the Club without any involvement on the part of the Club or the consent of the Member.

CLUB ACCESS

All members must present their membership card (or photo ID) upon entry to the club at every visit.

You must scan your membership card or digital access pass and register your attendance for safety, security and insurance purposes.

If you lose your membership card or key tag, a replacement can be purchased from Reception upon providing proof of identification.

Upon joining Beaconsfield Fitness Centre a photo will be taken of you for safety and security reasons, and the photograph will be used and stored in accordance with our Privacy Policy. All ‘guest visitors’ to Beaconsfield Fitness Centre   are required to present photo identification upon every visit, complete the guest register, and otherwise comply with the terms relating to guest visits that are available on the website.

Entry to the Club may be refused as a result of unpaid or outstanding membership fees as detailed in this agreement.

GENERAL CONDITIONS OF ENTRY

To assist us in maintaining a safe and comfortable environment for all members and staff, you are required to 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 Club if:

• you are using abusive or threatening language or behaving in a threatening way; or
• you are under the influence of drugs or alcohol; or
• you instruct other members when Beaconsfield Fitness Centre has not authorised you to do so; or
• you behave in another way that is considered by Beaconsfield Fitness Centre to be risky or seriously inappropriate.

NON-SMOKING: Beaconsfield Fitness Centre are non-smoking facilities.

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 club. Clothing must be clean and tidy with no offensive prints or designs for the consideration of other members.

TOWELS: You are required to use a towel when participating in classes and when exercising on gym equipment to maintain hygiene and safety standards. You may be requested to cease training if you do not use a towel. Where available, you can purchase a towel from reception.

ILLEGAL ACTIVITIES: No illegal activities are permitted in the club, including but not limited to the use or sale of steroids or performance enhancing drugs.

CHILDREN: Minors under the age of 18 years may be eligible for a membership subject to Beaconsfield Fitness Centre’s Age Policy (as updated and displayed on the website from time to time) and the following general terms and conditions:

• the minor must attend a safety induction in order to be granted access to the club;
• the minor must comply with all safety requirements of the club as communicated to the member from time to time;
• the minor’s membership may be cancelled for any inappropriate behaviour, misuse of equipment or failure to comply with safety requirements;
• the minor must comply with the applicable sections of the Age Policy available in club and on the website; all minors must leave the club immediately once staffed hours have ended;
• all minors can only access the club during staffed hours, subject to the qualifications and exclusions listed in the Age Policy available in club and on the website.

PERSONAL TRAINING: Personal training services are available in the club for an additional fee. Please note only authorised Beaconsfield Fitness Centre registered Personal Trainers are permitted to train members in Beaconsfield Fitness Centre. Conducting personal training within Beaconsfield Fitness Centre club without being an approved Personal Trainer may result in the cancellation of your membership.

PHOTOGRAPHY: There is to be no filming or photography in a Beaconsfield Fitness Centre by members.

ALLOWING US TO USE YOUR IMAGE: We sometimes film or photograph the club so it is possible you will appear in the background. By signing your agreement, you allow us to use your image in promotional and other business-related material.

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 Beaconsfield Fitness Centre team member.

Where Functional Training Zones are available please seek assistance from a Beaconsfield Fitness Centre team member if you are unfamiliar with the equipment or its safe and appropriate use.

You are required to return equipment to their original state when you have finished, including:

• return weights and bars to their rack;
• unload plates from machines and bars;
• return equipment to its storage location in Group Fitness classes.

As a courtesy to other members, please use a clean towel when using equipment and keep phone calls to a minimum.

LOCKERS, VALUABLES AND LOST PROPERTY

Lockers are available and are located in the change rooms, however lockers are not security devices.

Beaconsfield Fitness Centre employees or contractors are not responsible for any loss of, or damage to, personal property from the Club or a locker, and Beaconsfield Fitness Centre recommends that you keep all valuables with you while using the club.

Damage to, or the loss of locker keys, will incur a $25.00 charge.

Beaconsfield Fitness Centre is unable to look after your personal possessions (keys and wallets for example) whilst you are in the Club.

Bags are not permitted on the gym floor for safety reasons.

Personal items are not permitted to be stored in lockers overnight, and lockers are cleared daily. Any items remaining in lockers or handed into Reception will be held for two weeks and then donated to charity.

MEMBERSHIP ENTITLEMENTS

Gym Membership at Beaconsfield Fitness Centre entitles you to:

• Work out as many times as you wish in a given period, subject to any restrictions in your membership type relating to club access outside of staffed hours.
• Use exercise equipment located on the gym floor and cardiovascular training areas.

Group Training Membership at Beaconsfield Fitness Centre entitles you to:

• Work out as many times as you wish in a given period, subject to any restrictions in your membership type relating to club access outside of staffed hours.
• Participate in normally scheduled Group Fitness classes. However, please note additional fees may apply for specific group fitness programs or challenges.
• Use exercise equipment located on the gym floor and cardiovascular training areas.

Beaconsfield Fitness Centre reserves the right to make changes to:

• exercise equipment supplied in any of its Club at any time or
• the Group Fitness timetable at any time (i.e. alter class type, times and instructors).

MEMBERSHIP OBLIGATIONS

Membership at Beaconsfield Fitness Centre requires you to:

• Advise Beaconsfield Fitness Centre of any changes to your contact details.
• Comply with all Conditions of Entry and the guidelines in this agreement.
• 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. Cancel direct debit facilities in respect of your membership when this agreement expires or is terminated.

SPECIAL CONDITIONS FOR CERTAIN MEMBERSHIP TYPES

If there are special conditions or benefits relating to your membership type, these will be either attached to your membership contract and/or displayed on the website and form part of your membership agreement.

If your membership entitles you to Free Time, you will not be charged your weekly fees for use of the club during the specified period of Free Time.

OVERDUE FEES & REVOCATION OF MEMBERSHIP ENTITLEMENTS

All entitlements and entry into any Beaconsfield Fitness Centre is 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 the following process will apply:

• Beaconsfield Fitness Centre 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 along with any 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 Club.

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. Beaconsfield Fitness Centre reserves the right to vary the process set out above by providing you with one month advance written notice of any changes.

CANCELLATION / TERMINATION

A cancellation request should be provided to the club as follows:

During Cooling Off Period:

• Your membership is subject to a seven (7) business days 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 close of seven (7) business days later.
• Your membership can be cancelled during the cooling off period by contacting your Club via the club contact details as listed on the website.
• All monies paid will be refunded with the exception of an administration fee of $99 which shall be payable by you if your Beaconsfield Fitness Centre membership card and/or access pass or any other merchandise you received on joining are not returned within 7 days of termination of this agreement.

Permanent Sickness or Physical Incapacity:

• Beaconsfield Fitness Centre requires a medical certificate stating that you cannot utilise any fitness services or facilities because of your permanent illness or physical incapacity.

Cancellations:

• Beaconsfield Fitness Centre requires you to contact your Club via the club contact details as listed on the website advising of your cancellation request.
• There will be a period of notice of 3 days, unless otherwise specified, from the date of cancellation request to the date of termination, during which any payments that fall due must be paid in full.
• The notice period will exclude suspension or payment break time applied to your membership.
• 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 Beaconsfield Fitness Centre.

You shall not consider that your membership agreement has been terminated until such time as this is confirmed in writing to you by either Beaconsfield Fitness Centre. Termination of your membership agreement will also terminate the Direct Debit Request Authority.

If your contract is designated as an ongoing direct debit you acknowledge that unless you provide notice of termination of your membership prior to the end of the minimum period your membership fees will continue to be deducted until you give Beaconsfield Fitness Centre 3 days notice of your intent to end your membership.

If your contract is designated as a fixed term membership you acknowledge that it will terminate at the end of the term unless you renew prior to that date. Any period remaining on a fixed term membership where cancellation of membership occurs prior to the end of the term will not be refunded.

Termination by Beaconsfield Fitness Centre 

Beaconsfield Fitness Centre reserves the right to terminate this membership agreement in any of the following circumstances:

• You fail to abide by any of the criteria listed in the Conditions of Entry (posted in your Club) or the obligations listed in this agreement; or
• If Beaconsfield Fitness Centre reasonably believes that you have engaged in inappropriate conduct; or
• The temporary or permanent closure of the club where a suitable replacement club is not available for the membership to transfer; or
• To protect the health and safety of you or other members.

NON STAFFED OPERATION

You acknowledge and agree that upon receiving a 24.7 Access Pass you have completed a Beaconsfield Fitness Centre 24.7 safety induction and agreed to abide by the terms and conditions set out in the Beaconsfield Fitness Centre 24.7 waiver or 24.7 Access Policy.

Members under the age of 18 years are not able to access Beaconsfield Fitness Centre club during unstaffed hours.

CCTV

You acknowledge and understand that Closed Circuit Television will be installed within appropriate applications within the club and surrounds as a strategic component for team member, member and contractor safety and crime and misconduct prevention.

You consent to being filmed under CCTV for these purposes and understand that Beaconsfield Fitness Centre will only use and store your image in accordance with its Privacy Statement and CCTV Policy.

DAMAGE & PERSONAL INJURY

To the extent permitted by law, Beaconsfield Fitness Centre and ClubFit 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 Beaconsfield Fitness Centre, and/or any act or omission of Beaconsfield Fitness Centre.

SAFETY, MAINTENANCE & SERVICE DEMAND

From time to time Beaconsfield Fitness Centre may be required to make changes to the operation of the premises, these may include:

• Changing the operating (or staffed hours) hours to suit demand.
• Changing the availability of facilities or services within the Club.
• Closing off part of the premises or equipment for maintenance or safety reasons.
• Changing General Conditions of Entry.

Where this occurs Beaconsfield Fitness Centre will provide reasonable notice on the Club notice boards, at reception, the Beaconsfield Fitness Centre website or social media accounts.

MEMBERSHIP FREEZE

A membership freeze (suspension of payments) may be possible under the terms of your Membership Agreement. Payments may be frozen for a minimum of 1 week at a time for whatever reason so long as the total time frozen within 12 months does not exceed 8 weeks. You must first need to contact Beaconsfield Fitness Centre at least 3 days prior to the date of the first frozen payment due date.

No fee shall apply for the period of the membership freeze.

If your membership is frozen, your club access and other membership entitlements are also frozen until such time as you remove your membership freeze.

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.
• the Member agrees to pay, in addition to the membership instalment amount, the merchant fees, not exceeding $0.60 per transaction.
• Should there be any arrears in payments the Member authorises ClubFit to debit the outstanding balance in order to bring the account up to date.

PRIVACY

Your “personal information” (as that term is defined in the Privacy Act 1988 (Cth)) will only be used by Beaconsfield Fitness Centre in accordance with the provision of their Privacy Statements.

ClubFit’ Privacy Statement can be obtained from its website www.clubfitsoftware.com.au

Beaconsfield Fitness Centre’s Privacy Statement can be obtained from its website www.beaconsfieldfitness.com.au.

DEBT COLLECTION AGENCIES

If paying by Direct Debit, upon default by you in regard to any obligation under this Agreement and failure to remedy the default after notification by ClubFit:

• you authorise ClubFit to notify any debt collection agency of the default;
• ClubFit may, at its sole discretion, terminate the membership agreement at which time the full outstanding balance for the remainder of the Minimum Term or payments (including any current arrears) shall be due in full; and
• you authorise ClubFit to add to the outstanding debt a fee of $50 and an amount equivalent to 25% of the full outstanding balance (being ClubFit’ expenses reasonably incurred in collecting the debt) upon initial referral to the debt collection/credit reporting agency.

ENTIRE AGREEMENT

This Agreement and its Annexures, the DDR Service Agreement (if paying by Direct Debit), and any Special Terms & Conditions listed on the website constitute the entire agreement, understanding and arrangement (express and implied) between the Member, Beaconsfield Fitness Centre and ClubFit relating to the subject matter of this Agreement and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.

ANNEXURE A – DIRECT DEBIT REQUEST (DDR) TERMS AND CONDITIONS

INITIAL TERMS

ClubFit will debit your nominated account for the amounts and at the frequency of payments as agreed between us on the ClubFit 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 Beaconsfield Fitness Centre before the date of that payment to request the deferment. Deferments are entirely at the discretion of ClubFit 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 Beaconsfield Fitness Centre 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 Beaconsfield Fitness Centre). 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 1 week at a time so long as the total time suspended within 12 months does not exceed 8 weeks. In order to suspend payments you should contact Beaconsfield Fitness Centre at least 3 days prior to the date of the first suspended payment.

CANCELLING THE PAYMENTS

You can cancel this Direct Debit Request Authority by requesting this of ClubFit 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 ClubFit immediately. ClubFit 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 ClubFit 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. ClubFit may debit other fees or costs involved with debt collection in accordance with the terms and conditions of the Contract (refer to Debt Collection Agencies).

ENQUIRIES

All enquiries should be directed to ClubFit 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 ClubFit with a new account number.

ANNEXURE B – AGE POLICY

Summary

This policy outlines the permitted membership, access/club entry, equipment usage and program participation provisions for underage members or minors.

Definitions

Contractor: Including but not limited to; Exercise Professionals/Personal Trainers/Allied Health Professionals/ABN Rental Trainers.

Legal Guardian: The person legally recognised as the primary caretaker of the minor (if not the parent of the minor).

Minor: A member, casual visitor or guest under the age of 18. For the purposes of Table 1.1, ‘minor’ is in reference to the age range stipulated in applicable line of the table.

Team Member: A person who is employed by Beaconsfield Fitness Centre under a Contract of Employment.

Application

The following policies are to be followed at all times when allowing an underage person access to the club:

• Membership is permitted only with the consent and signature of the minor’s parent/legal guardian on all membership contracts, pre-exercise questionnaires, guarantor forms and waivers.
• If a minor wishes to redeem a free trial pass, casual visit, guest pass or the like, a full pre-exercise questionnaire and waiver must be completed and signed by the minor’s parent/legal guardian before entry to the club will be granted, and access / usage conditions are as set out in this policy.
• A photograph of the minor must be taken and attached to their account for identification purposes.
• Access is only permitted during staffed hours and permitted equipment use and class participation is set out in the table below.
• A face to face induction with the a certified Team Member must be undertaken prior to any permitted use of the club facilities. The minor cannot opt out of the induction, and the minor’s parent/guardian must be in attendance for the entire induction.
• Membership approval for age 13 and under must be approved in writing by the director Beaconsfield Fitness Centre.

Minor Usage & Access Requirements

Age	Access	Cardio	Weights	Group Training
13 yrs & Under	Staffed hours and directly accompanied by an exercise professional	If prescribed by a medical or exercise professional and under their direct supervision	If prescribed by a medical or exercise professional and under their direct supervision	Specified sessions under the direction of an exercise professional
14 yrs	Staffed hours and directly accompanied by a parent, legal guardian or exercise professional	Yes	Yes, under the direct supervision of an exercise professional	Yes, excluding any weight bearing classes
15 yrs	Access Staffed hours only, however the minor may access the club independently during these hours	Yes	Yes, limited to pin-loaded strength equipment only	Yes, excluding any weight bearing classes
16 yrs	Access Staffed hours only, however the minor may access the club independently during these hours	Yes	Yes	Yes
17 yrs	Access Staffed hours only, however the minor may access the club independently during these hours	Yes	Yes	Yes