TERMS & CONDITIONS
By signing the agreement you are agreeing to have been given a copy of 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 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 for EziDebit 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 can also be accessed on the Vibe Fitness 24/7 website (vibefitness247.com.au). These terms are stated below.
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.
- “Vibe” & “Club” – means “Candy Corner Pty Ltd (ACN 147 939 820) trading as Vibe Fitness 24/7. 4/11 Lawrence Hargrave Way, Parafield. South Australia. 5106.
- Direct Debit Provider – refers to the third party biller contracted by Vibe Fitness 24/7 to collect periodic payments. The direct debit provider is Ezidebit.
- Ongoing Membership (Flexible Membership) – An ongoing or flexible membership is a membership that will continue after a minimum term of 4 weeks until terminated by you or by Vibe Fitness 24/7.
- Fixed Term Membership (Contract Membership) – A fixed term membership is a membership for a fixed period. If your membership is for a fixed term, you do not need to do anything to cancel your membership, as it will automatically end on the End Date.
- ‘Staff member’ or ‘Team member’ refers to any person affiliated, employed or contracted by Vibe Fitness 24/7.
3. RECEPTION AND ACCESS
All members will participate in a short induction upon joining Vibe Fitness 24/7. The induction is conducted in person during staffed hours with a Vibe Fitness 24/7 team member, and will include the following:
- Emergency Procedure & location of emergency exits
- Identification & location of First Aid facilities, including Automated External Defibrillator (AED)
- Location and correct use of fixed and mobile duress pendants
- Location of emergency phone & instructions
- Equipment Safety and use of stops / safety bars
- Location and operation of:
Fans, Lockers, Water fountain, Crowd DJ music system, Air Conditioning, Charging Station, Equipment wipes & hand wash & Toilets & Showers.
All members will be assigned an individual key (fob). All members must scan their key upon entry to the club at every visit, even during staffed hours. Key scan is compulsory for security and insurance requirements. Key replacement cost is $10.00.
Upon joining Vibe Fitness 24/7 a photo will be taken of you for security reasons relating to the safety of our members. The photograph will not be used for any other purposes and will be stored securely on our database.
Entry to the Club may be refused as a result of unpaid or outstanding membership fees.
Please advise us of any changes to your address, contact, billing or medical information.
4.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 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.
- You are under the influence of drugs or alcohol.
Vibe Fitness 24/7 is a non-smoking facilities.
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.
Please use a towel when exercising on gym equipment to maintain hygiene and safety standards. You can purchase a towel from a member of staff during staffed hours for $15. Equipment wipes are also provided to wipe up excess sweat on equipment before & after a workout.
- Children up to and including 14 years of age, who are not members of Vibe Fitness 24/7, are not permitted anywhere within our Club except for the front reception area.. 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. Those aged 16 and 17 years old may join as a member (with authorisation of a parent or guardian) and will have access to the club outside of staffed hours.
Personal training services are available for use in Vibe Fitness 24/7 for an additional fee. Please contact Vibe Fitness 24/7 or one of our Personal Trainers direct for more information. Personal Trainers within Vibe are contractors and all arrangements for personal training services and payments should be made directly with the trainer. Please note only authorised Vibe Fitness 24/7 registered Personal Trainers are permitted to train members in the Club. Conducting personal training within Vibe Fitness 24/7 without being an approved trainer may result in the cancellation of your membership.
Vibe Fitness 24/7 has an emergency phone, panic buttons and security lanyards for safety and security reasons and to alert a security company in emergencies. You must understand how emergency apparatus works and agree to use only in an emergency, for example if you are feeling threatened or need medical help.
You must be cautious when entering, leaving, and using the Club and you must wear security lanyards when appropriate, for example, if exercising alone or outside Staffed Hours.
You agree to follow any reasonable direction of staff relating to health, safety or security matters or related matters.
5. USE OF EQUIPMENT
Vibe Fitness 24/7 will provide you with an instructional consultation during your induction process before using the facilities & services. If you are still unsure on how to use any of the equipment provided, we strongly recommend engaging the services of one of our qualified Personal Trainers (PT) to develop a ‘Gym Program’ with you, in which the PT will demonstrate the correct use of equipment and exercises as set out in the program.
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 Vibe team member. Where Functional Training Areas are available 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.
Lockers are available for use. Please look after your personal items. Vibe Fitness 24/7, employees, or contractors, are not responsible for any loss of personal property. Lockers provided are not security devices. Please keep all valuables with you while using the Club. Please do not bring bags to the gym floor.
7. LOST PROPERTY
We highly recommend that you use lockers for your belongings. Vibe Fitness 24/7 does not take responsibility for loss or damage of your belongings. Any items of lost clothing will be placed in the ‘lost & found’ box next to the stairs. The ‘lost & found’ box is emptied at the end of each month.
Membership at Vibe Fitness 24/7 entitles you to:
- Work out as many times as you wish in a given period.
- Use of exercise equipment located on the gym floor and cardiovascular training areas.
Membership at Vibe Fitness 24/7 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 Club signage) and the guidelines in the terms & conditions.
- 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 is any risk 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.
- CHANGES TO CONDITIONS
Vibe Fitness 24/7 reserve the right to change the conditions contained in Clause 9 by providing you with one month advance written notice of any changes.
This agreement is subject to a cooling off period. A cancellation request should be directed to Vibe Fitness 24/7.
a. 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 close of business 7 days later and may be terminated under the following conditions:
- Vibe Fitness 24/7 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 the cost for the key you received on joining if not returned.
- Vibe Fitness 24/7 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:
- Vibe Fitness 24/7 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 Vibe is able to provide.
- Vibe Fitness 24/7 requires a medical certificate stating that you cannot utilise any fitness services or facilities because of your permanent illness or physical incapacity.
- Vibe Fitness 24/7 may agree to cancel the membership upon payment of a cancellation fee of 10% of the minimum membership fee or $50.00 (whichever is less).
- Cancellation for any other reason
- Vibe Fitness 24/7 requires that a written cancellation request form be completed in person at the Club.
- Cancellation within Minimum Term: You may terminate this Agreement before the expiry of the minimum term (or payment amount) if all instalments and fees due up to the date of termination are paid and the relevant cancellation fee is paid in full at time of cancellation request. The cancellation fee is an amount equal to 50% of the balance of your Membership Fees for remainder of the Minimum Term or a sum equal to 30 days Membership Fees (whatever is the higher).
- Ongoing Membership Agreements: After the expiry of the minimum term (12 months) Vibe Fitness 24/7 requires that a written cancellation request form be completed in person at the Club. A 2-week notification period is required from the time of written cancellation. This may mean that a further payment will be direct debited from your account.
- Termination by Vibe Fitness 24/7
Vibe 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 or the items listed in the terms & conditions.
- Action upon a complaint by either a Club member or an employee (or contractor) of Vibe Fitness 24/7.
24 HOUR OPERATION
You acknowledge and agree that in relation to 24 hour operation you must not admit guests, or let anyone else use your 24/7 key at any time to Vibe Fitness 24/7 outside staffed hours. If you breach this term you will be notified by Vibe and be debited by our billing provider (Ezidebit) an initial unauthorised entry fee of $20. Subsequent breaches will incur a $50 unauthorised entry fee and your membership may be cancelled.
If you deliberately use the emergency duress system inappropriately, you agree to pay any costs, loss or damage incurred because of this inappropriate use.
By using Vibe Fitness 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.
11. TRANSFER OF MEMBERSHIP BY THE MEMBER
A 12-month fixed term membership, while within minimum term, may, at Vibe’s discretion, be transferred to a non-member for a fee of $50. Transfers are subject to special criteria in addition to Vibe Fitness 24/7’s normal membership guidelines. The terms of the membership agreement and the Club that the membership is associated with remain unchanged.
12. DAMAGE & PERSONAL INJURY
To the extent permitted by law, Vibe Fitness 24/7 and Ezidebit 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 Vibe Fitness 24/7 and/or Ezidebit, and/or any act or omission of Vibe Fitness 24/7 and/or Ezidebit.
13. SAFETY, MAINTENANCE & SERVICE DEMAND
From time to time Vibe Fitness 24/7 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 Conditions of Entry or Club Rules. Where this occurs Vibe Fitness 24/7 will provide reasonable notice via email and on Social Media.
- Your Safety:
- You agree to give us all relevant health and fitness information before or during any exercise. Each time you use the Facilities and Services, you must ensure you are in good physical condition and know of no medical or other reason why you should not exercise. If unsure, you should seek medical guidance.
- You agree to give us all relevant personal health and fitness information both before and during the course of any exercise program or other activity. You also agree to complete our Pre-Exercise Questionnaire. In some cases, responses you give will require that you get medical guidance before exercising. You acknowledge that pre-exercise or other screening is no substitute for medical advice and does not guarantee against injury or death. You promise that information you give us will be true and accurate and not misleading in any way.
iii. You must not use the Facilities and Services if you are suffering from any illness, disease, injury or other condition that could be a risk to your health or safety or that of other Members and others. We may suspend or cancel your Membership if we have reason to suspect that you have not complied with these terms.
Time holds are available for a minimum period of two weeks and a maximum of 3 months per year. An on-hold form must be completed in person at the Club at least 10 days before the period requested and cannot be back-dated. A fee of $10.00 applies to hold your membership and is payable in advance on pre-paid memberships and non direct debit clients. Direct debit clients will have their hold fees directly debited. Membership hold fees do not contribute to the total minimum membership fee. Time holds do not contribute to the minimum term of a fixed term membership.
15. PAYMENTS BY DIRECT DEBIT
“Ezidebit” is a division of the Global Payments Direct, Inc. Global Payments Direct, Inc. is a registered ISO of Wells Fargo Bank, N.A., Walnut Creek CA. Global Payments Direct, Inc is a registered ISO of BMO Harris Bank N.A. Head Office: PO Box 3327, Newstead Qld 4006. All queries and comments about the services provided under this Agreement should be directed to Vibe Fitness 24/7. All queries and comments about the direct debit billing service should be directed to Ezidebit – www.ezidebit.com.
The Member acknowledges that Ezidebit has been engaged by the Vibe Fitness 24/7 to collect the fees due under this agreement if paying by way of direct debit. The member also acknowledges that all rights of the Vibe Fitness 24/7 under this Agreement are able to be enforced by Ezidebit as if it were the Club without any involvement on the part of the Club or the consent of the Member.
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 Ezidebit to debit the outstanding balance in order to bring the account up to date.
- a) 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 Ezidebit will debit you an additional $14.80 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. Ezidebit may debit other fees or costs involved with debt collection in accordance with the terms and conditions of the Contract (refer to clause 17 Debt Collection Agencies).
- b) DISPUTES
If you dispute any debit payment, you must notify Vibe Fitness 24/7 immediately. Vibe Fitness 24/7 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.
A Customer’s “personal information” (as that term is defined in the Privacy Act 1988) will only be used by Vibe Fitness 24/7 or Ezidebit to provide you with the services contemplated by this Agreement.
From when you apply for Membership, you will need to provide us with, and we will have access to personal information about you, including information relating to your health and finances. Your personal information may be transferred to and stored out of Australia, including to a country that does not have the same level of privacy protection as Australia.
- Direct Debit Provider
- Consent to use your image
You understand that photos, films, videos or audio recordings are sometimes taken of Members for promotional purposes. By signing this Agreement, you agree to allow your image, recording or likeness to be used for any legitimate purpose by us and you assign your rights in any of these materials to Vibe Fitness 24/7. CCTV camera recording is used in Vibe Fitness 24/7 (except in bathrooms). Members and guests are not allowed to take photos and/or videos in Vibe Fitness 24/7 unless specific permission is granted by the Club.
Vibe Fitness 24/7’s Privacy Statement & Policy can be obtained from our website –www.vibefitness24/7.com.au.
17. DEBT COLLECTION AGENCIES
If paying by Direct Debit, upon default by the Member in regard to any obligation under this Agreement and failure to remedy the default after notification by Vibe Fitness 24/7 or Ezidebit, the Member authorises Vibe Fitness 24/7 to notify any debt collection agency of the default. Should this occur then at Vibe Fitness 24/7’s sole discretion it may terminate the 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. The Member authorises Vibe Fitness 24/7 to add to the outstanding debt a fee of $50 and an amount equivalent to 25% of the full outstanding balance (being debt collection expenses reasonably incurred in collecting the debt) upon initial referral to the debt collection/credit reporting agency.
18. INCREASE IN FEES
If paying by Direct Debit, Vibe Fitness 24/7 may at any time AFTER the end of the minimum term or at any time during an open ended membership, upon sending written notice to the Member, and giving 14 days notice, increase the instalment amount. If the Member wishes to terminate this Agreement as a result of the increase in the instalment amount, the Member must notify Vibe Fitness 24/7 in writing within 14 days of the date of the written notice sent by Vibe Fitness 24/7. The Agreement will be terminated upon receipt of this notice. If the Member does not notify Vibe Fitness 24/7 of its intention to terminate this Agreement within such specified time period, then this Agreement will remain in force and the increase in the instalment amount will be deemed to be accepted by the Member.
19. 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, Vibe Fitness 24/7 and Ezidebit relating to the subject matter of this Agreement and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral. The issuer of the billing service is Ezidebit.
I have read through this Agreement in full and understand my obligations under it.
I understand my obligations for the cancellation policy. I understand my obligations for the dishonoured payments.
Risk Warning & Liability Exclusion
IMPORTANT NOTICE – This document will affect your legal rights – please read it carefully!
This Risk Warning & Liability Exclusion is governed by the laws of South Australia.
Recreational Services Exclusion, restriction or modification of rights under the Australian Consumer Law (SA)Your Rights:
Under section 60 & 61 of the Australian Consumer Law (SA), if a person in trade or commerce supplies you with services (including recreational services), there is:
- a) A statutory guarantee that those services will be rendered with due care and skill; and
- b) A statutory guarantee that those services, and any product resulting from those services, will be reasonably fit for the purpose for which the services are being acquired (as long as that purpose is made know to the supplier); and
- c) A statutory guarantee that those services, and any product resulting from those services, will be of such a nature, and quality, state or condition, that they might reasonably be expected to achieve the result that the consumer wishes to achieve (as long as that wish is made know to the supplier or a person with whom negotiations have been conducted in relation to the acquisition of the services).
Excluding, restricting or modifying your rights Under section 42 of the Fair Trading Act 1987, the supplier of recreational services is entitled to ask you to agree to exclude, restrict or modify his or her liability for any personal injury suffered by you or another person for whom or on whose behalf you are acquiring the services (a third party consumer).
If you sign this form, you will be agreeing to exclude, restrict or modify Candy Corner Pty Ltd trading as Vibe Fitness 24/7’s liability with the result that compensation may not be payable if you or the third party consumer suffer personal injury.
IMPORTANT – You do not have to agree to exclude, restrict or modify your rights by signing this form.
The supplier may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by signing this form.
Even if you sign this form, you may still have further legal rights against the supplier.
A child under the age of 18 cannot legally agree to exclude, restrict or modify his or her rights.A parent or guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child’s rights.
Recreational Services are services that consist of participation in:
A sporting activity of similar leisure-time pursuit; orAny other activity that involves a significant degree of physical exertion or risk, and is undertaken for the purposes or recreation, enjoyment or leisure.Personal injury is bodily injury and includes mental and nervous shock and death.
Further information about your rights can be found at www.ocba.sa.gov.au
Exclusion of your further legal rights
The matters below under this heading ‘Exclusion of your further legal rights’ are intended to address your legal rights that have not been excluded under the heading ‘Recreational Services; exclusion, restriction or modification of rights under the Australian Consumer Law (SA)’.
Nothing under this heading ‘Exclusion of your further legal rights’ is intended to exclude, restrict or modify your rights which cannot be excluded, restricted or modified under the Fair Trading Act 1987 (SA), the Australian Consumer Law (SA), or any other Act or Law.
- a)Risk Warning and Acknowledgement
I agree that Vibe Fitness 24/7, as a supplier of recreational services, will supply services to me including, but not limited to, access to and use of fitness equipment, fitness classes and/or training programs (the services).
I acknowledge that whilst Vibe, its officers, employees, servants or agents take measures to make the services as safe as is possible, there is a risk that I could be personally injured as a result of my use and/or participation in and/or reliance on the services;
I understand that any personal injury may result from my actions, the actions of others or equipment failure, and may be life threatening or result in severe or permanent disability or death; and
I agree that I will, at my own risk, use and/or participate in and/or rely upon the services.
- b)Exclusion of your further legal rights
I agree that:
Vibe Fitness 24/7, its officers, employees, servants or agents will not be liable to me or my dependants, for personal injury or death suffered by me due to the negligence, breach of contract and/or breach of statutory duty of Vibe Fitness 24/7;
I will indemnify Vibe Fitness 24/7, its officers, employees, servants or agents for and against all liability to me, for personal injury suffered by me, due to negligence, breach of contract and/or breach of statutory duty of Vibe Fitness 24/7.
Adult Pre-Exercise Screening Questionnaire￼
This screening tool does not provide advice on a particular matter, nor does it substitute for advice from an appropriately qualified medical professional. No warranty of safety should result from its use. The screening system in no way guarantees against injury or death. No responsibility or liability whatsoever can be accepted by Exercise and Sports Science Australia, Fitness Australia or SportsMedicine Australia for any loss, damage or injury that may arise from any person acting on any statement or information contained in this tool.
- Has your doctor ever told you that you have a heart condition or have you ever suffered a stroke?
- Do you ever experience unexplained pains in your chest at rest or during physical activity/exercise?
- Do you ever feel faint or have spells of dizziness during physical activity/exercise that causes you to lose balance?
- Have you had an asthma attack requiring immediate medical attention at any time over the last 12 months?
- If you have diabetes (type I or type II) have you had trouble controlling your blood glucose in the last 3 months?
- Do you have any diagnosed muscle, bone or joint problems that you have been told could be made worse by participating in physical activity/exercise?
- Do you have any other medical condition(s) that may make it dangerous for you to participate in physical activity/exercise?
For more information on how we collect, use, disclose and deal with your personal information, please head to our website at www.vibefitness247.com.au.
I have read the matter detailed under the heading ‘Risk Warning & Liability Exclusion’, understand their content, and acknowledging this in accordance with my own free will.
I agree that the liability of Vibe Fitness 24/7 for any personal injury that may result from the supply of the recreational services that may be suffered by me (or a person for who or on whose behalf I am acquiring the services) is excluded.
I agree that I have read the questions under the heading ‘Adult Pre-Exercise Screening Questionnaire’ and answered ‘NO’ to each of them.
You will be charged:
$AMOUNT by Billing
Membership Key Fee: $25.00
Start Date: DD/MM/YYYY
First Payment Date: DD/MM/YYYY
I Accept the Ezidebit Terms and Conditions
I/We authorise Ezidebit Pty Ltd ACN 096 902 813 (User ID No 165969, 303909, 301203, 234040, 234072, 428198) to debit my/our nominated account identified above through the Bulk Electronic System (BECS) in accordance with the Debit Arrangement stated above by , and as per the Ezidebit Direct Debit Agreement Terms & Conditions. Bottom of Form