Surfit Lennox Head
Once you tick the “I accept” box on the agreement form and submit it to us, there will be a legally binding agreement created between yourself and us. This is known as a contract and it sets out the rights and obligations of each party.
You should therefore read this document carefully and make sure you understand it before accepting it. If you do not understand something, ask us or seek advice. Make sure you have read all of the agreement before signing.
What is set out in this agreement overrides anything that anyone may have said to you. If there is something in this agreement different to something that you may have been told, you should tell us before you sign this agreement. This agreement also sets out the arrangements about payments.
In this agreement there are some words & terms used repeatedly. To make things easier to understand, when we use those words & terms they will have the following meanings:
- Surfit Lennox head, Surfit Lennox, Surfit, Surfit 24/7 Gym Fitness Lennox Head, the Company, us, we, our club means Fitso Pty Ltd. ABN: 27 127 457 069
- Member, you, your means the person described in the Membership Agreement Form and there referred to as member. • Membership means a member of Surfit Lennox
- Agreement means this contract.
1. This membership agreement is a legally binding contract between you and us.
2. By entering into this agreement you purchase a membership or services and you agree to all the terms of this agreement.
3. You acknowledge that neither the Company, nor anyone on behalf of the Company, has made any representations or promises upon which you are relying in entering into this agreement unless set out in this agreement.
4. You agree that this document sets out the complete agreement between you and us.
5. If any part of this agreement is invalid or unenforceable, the remaining parts will continue.
6. If the Company does not exercise any rights it has under this agreement it is not giving away those rights. Those rights may still be exercised later.
7. The agreement is binding on each party and the heirs, successors and assigns of each of the parties.
8. Your Contract is assignable to a new owner of the business, at the sale or assignment of the business.
9. Surfit Lennox reserves the right, in its sole discretion, to amend this agreement.
Payments, Fees and Resignation
10. 48hr Cooling Off Period – You can cancel your Membership with us within 48hrs of joining by emailing email@example.com. If you do, we will refund all money paid less $40 an administration fee.
11. By becoming a 10 VISIT PASS or CASUAL 1 & 3 months member you have a fixed term agreement. There is one charge, paid in advance, & there are no further payments except no show penalty charge for class attendees.. You will be notified when your membership is due to expire & you will have the opportunity to pay for another term, move to a fortnight membership or resign with no further costs. As a pre-paid member your payment is non-refundable.
12. By becoming a FORTNIGHTLY member, you have a periodic agreement which will continue until terminated by either you or us, and you authorise us to charge your credit card or debit your account the amount indicated in the “membership type” section of the application form & a fortnightly processing fee. Your fees are payable fortnightly in advance. The authority ceases when you resign, or we terminate, your membership.
13. To resign your membership: for fortnightly Members & monthly Members – we require two weeks notice to cancel (ie. there will be 1 more payment), emailed to firstname.lastname@example.org. Email us with your full name requesting to cancel your membership. Within 72hrs of receiving your email you will receive a confirmation email. You must keep a copy of our return email as confirmation of the cancellation of your membership. If you do not receive this email, we have not received record of your request. Please call 02 6687 4012. You agree that you are bound by the membership payment terms & unpaid balance due upon cancellation.
14. Your membership starts after your induction.
15. It is your responsibility to ensure adequate funds are in the nominated accounts & we reserve the right to charge you a reprocessing fee and to recharge you any fees we incur. You will incur an additional fee of $10 whenever there is a payment default. There is an additional fees, set-up fee $5.50 and other fees shown in application form.
16. Our billing company “Ezidebit” will change $21.90 dishonor fee after each failed payment. It is not our penalty, it is by Ezidebit and it will not show in our bill nor account statement.
17. We may recover from you any merchant or other fees charged to us as a result of payment by you.
18. Our objective is to keep membership as affordable as possible however, if we need to increase fees, we will give you 2 weeks’ notice via a notice in the gym and/or by email..
19. Your wellbeing is important to us. The following conditions help to ensure your wellbeing. Physical Condition/Medical Advice
20. It is up to you to let us know if you have any medical or physical condition which might prevent or affect your use of our facilities.
21. By entering into this agreement you are representing that you have no such adverse medical or physical condition and that you are not aware of any health or medical reason why you should not use our facilities and services.
22. You also acknowledge that we have not given you medical advice and cannot in the future give you medical advice in respect of your condition and your ability to use the facilities.
23. It is your responsibility to seek medical advice before using the facilities or starting any exercise program.
24. It is your responsibility to act upon any such advice provided by your medical practitioner to ensure you safety & well-being.
25. You agree to accept all responsibility for your medical health at all times.
26. You agree to report any accident or incident to us within 7 days.
27. You agree to report injury to yourself, witness someone get injured, witness damage, suspect behavior by other members that may be considered noteworthy, as soon as possible.
28. You acknowledge that as a member of Surfit you will be unsupervised.
29. For security purposes we use video surveillance equipment. Your activities will be recorded everywhere within the building (except toilets & bathrooms) & upon entering & leaving.
Rules & Regulations
30. You acknowledge that we have in place membership policies, rules and regulations for the use of equipment, use of the premises and in relation to membership.
31. Our rules and regulations are displayed in the gym.
32. We reserve the right to vary such policies, rules & regulations from time to time in a manner not inconsistent with membership.
33. Violation of membership policy, rules and regulations may result in termination of membership at our sole discretion.
34. As a member (age over 16) you have unlimited access. You acknowledge that if you allow a non-member to enter the gym during unstaffed hours this may result in termination of membership and/ or a $100 fine at our sole discretion.
35. Members under 16 years old, are only accessible during staffed hours and the swipe tag will not given until he/she turns 16 years old. 36. You accept responsibility and liability on the non-members behalf for any injury, loss or damage.
37. Your membership permits use of our premises, facilities, equipment and services in accordance with the conditions applicable to that category of membership.
38. Membership is subject to current company policies, rules and limitations and to any future changes to those policies, rules and limitations.
39. Members must be at least 14 years old. If you are between 16 and 18, you can participate supervised fitness programs/classes, and will be given swipe tag to access unstaffed hours.
40. If you are less than 16 years old, your parent or legal guardian hereby agrees to personally guarantee your performance of all of your obligations under this agreement and will need to attend your orientation. You only have access to our gym during the staffed hours and she/he need to be checked in by our staff at reception upon on arrival.
41. If you are under 14, you are not eligible to become a member and only use our gym as a casual visitor. You only have access to our gym during the staffed hours and she/he need to be checked in by our staff at reception upon on arrival.
42. We reserve the right to refuse membership, provision of services and/or use of the facilities, whether on a permanent or temporary basis, to any person.
43. We reserve the right to refuse entry and/or to cancel membership for breach of the agreement, misconduct, damage to equipment, inappropriate behaviour, drug or alcohol use, including where circumstances so warrant, without notice or warning.
44. Any Members will not allow to transfer their Membership to someone else.
45. Please give us at least 3 working days to make changes to your payment method or bank account details.
46. Please notify us if you change your address or contact details.
47. We will not be liable for any personal property that is damaged, lost or stolen while on our premises unless caused by any deliberate or careless act of Surfit or its personnel. This includes any motor vehicle and anything in any motor vehicle.
48. You will be responsible for the cost of repair and/or replacement of any damage contributed to or caused to our property by you.
49. Members may freeze your Membership for a minimum of 2 weeks up to 6 weeks maximum per year.
50. If you canceled your membership once and rejoining after being inactive longer than 6 months, there will be $39 rejoining fee to be charged when you restart your membership.
Facilities and Services
51. Our goal is to always keep our equipment in top condition.
52. We reserve the right to remove, delete or replace equipment and/or services at our clubs.
53. We reserve the right to change, cancel and modify the class at our clubs.
54. We also reserve the right to vary equipment, services and hours of operation at our clubs.
55. It is acknowledged that equipment and services are available on a “first come, first served” basis.
56. It is acknowledged that at times we may be closed for maintenance or unforeseen circumstances
57. You understand that there are some UNSUPERVISED hours, & assume all risks associated with using exercise equipment & exercising alone without the aid and presence of staff on the premises.
58. You acknowledge that use of our facilities and services involves risk of injury ranging from minor injury to death.
59. You agree that your use of facilities and services both indoor & outdoor for scheduled activities is on the basis that you accept such risk & that you agree that the Company, its officers, directors, employees, volunteers, agents & independent contractors will not be liable for any injury (including, but not limited to, personal, bodily or mental injury, economic loss or damage) to you, your partner, spouse, unborn child or relative