Establish Health and Performance
Terms and Conditions
At Establish Health and Performance, we are 100% committed to you and your personal health and fitness goals. We make it our responsibility to guide and educate you in how to achieve your goals and get the results you want. We are passionate and committed to helping you achieve your health and fitness goals and we expect the same passion and commitment from you. It is important you have read and understood the Terms and Conditions of this Agreement before signing up to the Membership.
Things to know about your membership
❒ Cooling Off Period We have a 7 day cooling off period. If you choose to cancel within this time, we will refund any membership dues paid to us. If you’ve used your membership in this time, we’ll deduct any guest or personal training fees or services you have received.
❒ Initial Commitment Period We require your commitment for an initial period of two weeks. It will then automatically renew for further 2 week commitment periods ongoing unless cancelled by you. (Clause 7)
❒ Cancellation Process If you would like to cancel your membership, we simply need 4 full weeks’ notice of your cancellation. We require an email to firstname.lastname@example.org 3 days’ before your next billing period begins, for the 4 week cancellation notice to be applied.
❒ Membership Freeze You can freeze your membership for any amount of time, up to 8 weeks, with a small fee of $3.50 per week (plus direct debit charges), which is debited in replacement of your regular membership fee. Simply email our admin email at least 3 days before the billing period when your freeze begins. For a longer freezes or a medical freeze, we simply require documentation.
❒ Please acknowledge that you have viewed, read and understood our full set of membership terms and conditions below.
1 THE AGREEMENT
1.1 The Parties to this Agreement are the Member named on the Establish Health and Performance Membership Application (“You”) and Mark and Rachel Andersen trading as Establish Health and Performance (ABN 86 571 860 244) (“EST”).
1.2 The Parties agree that the whole Agreement is made up of these Terms and Conditions, including the provisions of Schedule 1, your Membership Application, your EziDebit Direct Debit Request Form, and/or your Pre-exercise Questionnaire.
1.3 The Agreement begins once You have signed your Membership Application Form.
2 THE MEMBERSHIP
2.1 Your Membership will begin on the Membership Start Date set out by you, provided You have:
2.1.1 Agreed to the Membership Application terms and conditions;
2.1.2 Completed a Mindbody personal account; and
2.1.3 If applicable, completed your EziDebit
Direct Debit Request Form.
2.2 The type of Membership you will hold is stated in your Membership Application as selected by you.
2.2.1 Home Membership 2.2.2 Couples Home Membership
188.8.131.52 Couples Home Memberships only apply to genuine couples.
184.108.40.206 Membership Dues will be deducted from one bank account or credit card only.
2.2.3 Student Home Membership
220.127.116.11 Student Membership rates are only available to full time students. If your student status changes you must notify us immediately. EST reserves the right to review your Membership Dues, even if you are in your Initial Commitment Period.
2.2.4 Strong Seniors Membership
18.104.22.168 The Strong Seniors Membership is only available for individuals over 60 years of age.
22.214.171.124 This Membership allows access to the Strong Seniors classes only.
2.3 Your Home Club will be stated in your Membership Application.
2.4 Length of Your Membership 2.4.1 Initial Commitment Period
126.96.36.199 You are committed to a minimum Membership period of four weeks from the start of the first Billing Period following Your Membership Start Date.
188.8.131.52 The Initial Commitment Period will be as follows: (a) If Your Membership Start Date is the first day of a Billing Period, the Initial Commitment Period is the period of four weeks from your Membership Start Date (NA for Homebodies members); or (b) If Your Membership Start Date is on any day other than the first day of a Billing Period, the Initial Commitment Period is the period including the balance of that Billing Period plus 2 Billing Periods from the first date of the next Billing Period.
184.108.40.206 If You wish to cancel Your Membership within the Initial Commitment Period, you may do so in accordance with Clause
7.1.3 of this Agreement.
2.4.2 Cooling Off Period
220.127.116.11 If You change your mind and wish to cancel your Membership within 7 days of signing Your Membership Application Form, we will refund You any Membership Dues that You have paid upon the return of your Membership Card, gifts and any other documentation that we have provided to you upon joining EST.
18.104.22.168 If You have used your Membership during the 7 day Cooling Off Period, the refund set out in clause
22.214.171.124 of this Agreement will be reduced by the Guest Fee for each visit and any Personal Training Sessions or other Club Services you have received. 2.4.3 Ongoing Membership
126.96.36.199 Your Membership will include the Initial Commitment Period, and will automatically renew for Ongoing Commitment Periods unless your Membership is transferred (see Clause
2.6 of these Terms and 3 Conditions), or terminated/cancelled (see Clause 7 of these Terms and Conditions).
2.4.4 Pre-paid Membership
188.8.131.52 Your Pre-paid Membership will end at the Pre-Paid Membership Expiry Date or when you use all your visits (whichever occurs first). After this expiry date, the pre-paid membership will automatically default to a recurring Home Membership of $90 per fortnight, unless written notice has been provided in accordance with these terms and conditions (see Clause 2.6 and 7).
184.108.40.206 Pre-paid Membership purchases are not refundable.
220.127.116.11 To suspend your Pre-Paid Membership see Clause 2.5 of these Terms and Conditions.
2.5 Suspending Your Membership
2.5.1 If You wish to suspend your Membership you must provide at least 3 days’
Written Notice prior to the start of the Billing Period you wish to suspend.
2.5.2 Your Membership can be suspended for any time period, up to 8 weeks for any reason.
2.5.3 Each time for which your Membership is suspended will incur a Suspension Fee of $3.50 per week charged to your nominated account (plus cc, direct debit fees). If you have a Pre-paid Membership you will be required to pay the total Suspension Fee in advance.
2.5.4 Couple Memberships can be reduced to a Home Membership if one person on the Membership requires their Membership to be suspended. The Suspension Fee of $3.50 (plus cc, direct debit charges) per week will still apply.
2.5.5 Your Membership can be suspended for a maximum of 8 weeks for any reason.
2.5.6 An Extended Suspension Period can be obtained for a maximum of 9 months either for travel or medical reasons.
18.104.22.168 An extended suspension for medical reasons will incur no suspension fee but requires supporting documentation, such as a medical certificate and a letter from a doctor, stating the date that the doctor believes the member can return to the gym (it must not be an open-ended period).
22.214.171.124 An extended suspension for travel reasons will incur the Suspension Fee and requires supporting documentation, such as flight details, showing that the member will be away for longer than 8 weeks.
2.5.7 If you suspend your Membership during the Initial Commitment Period, the suspension period will not be included in calculating your Initial Commitment Period.
2.5.8 You will not be able to access EST during the period in which Your Membership is suspended.
2.5.9 If your required Extended Suspension Period is greater than 9 months, a cancellation of your Membership must be obtained. Please see clause 7 of these
Terms and Conditions. 4
2.6 Transferring Your Membership
2.6.1 You may transfer your Membership to another person (the transferee) provided:
126.96.36.199 You complete a Change of Circumstances Request Form at your Home Club or written notice to email@example.com
188.8.131.52 The transferee completes and signs a Membership Transfer Form, Pre-exercise Questionnaire, and if required, an EziDebit Direct Debit Request Form (if they are not a current Member).
2.6.2 A fee of $30.00 is payable for the transfer of a Membership to another person.
2.6.3 The person transferring the Membership is responsible for the payment of the balance of the Billing Period at the time of transfer.
2.6.4 The person receiving the Membership will be responsible for all Ongoing Commitment Periods thereafter commencing on the first day of the next Billing Period after the transfer has been finalised.
2.7 Changing Your Membership Type
2.7.1 You may change the Type of Membership you hold to another Membership Type provided:
184.108.40.206 You complete a Change of Circumstances Request Form at Your Home Club or written notice to firstname.lastname@example.org;
220.127.116.11 You qualify for the new Membership Type;
18.104.22.168 You serve any remaining period of your Initial Commitment Period for the new Membership Type; and
22.214.171.124 You pay the Membership Dues applicable to the new Membership Type as current at the time of your request.
2.8 Age Requirements for Membership
2.8.1 All Members must be at least 18 years of age.
2.8.2 If you are under the age of 18 years, a parent or guardian will need to complete and sign the Membership Application Form, the Pre-exercise Questionnaire and/or the EziDebit Direct Debit Request Form on your behalf.
2.8.3 If a parent or guardian signs the Membership Application, the Pre-exercise
Questionnaire and if applicable, the EziDebit Direct Debit Request Form on behalf of a minor, the parent or guardian accepts that they will be responsible for the obligations under this Agreement and accept responsibility for the Member’s behaviour, actions and failure to act in accordance with the Terms and Conditions of this Agreement.
3 MEMBERSHIP DUES & FEES
3.1 Your Membership Dues are set out in Your Membership Application Online Form.
3.2 As a Member, you are personally responsible for the payment of the Membership Dues plus Credit Card and Direct Debit transaction Fees and any other ongoing payments set out in this Agreement and in your Membership Application Form as they fall due.
3.3 Your Membership Dues are due and payable for the whole of each Billing Period even if your Membership is terminated during that Billing Period (except if termination occurred under clause 7.2 of this Agreement).
3.3.1 If your first Membership Dues include a partial Billing Period, your Membership Dues for that period will be calculated on a pro-rata basis according to the number of days remaining in that Billing Period.
3.4 Pre-paid Membership Dues may be paid by Cash, Credit Card, Debit Card or Bank Transfer.
3.5 Ongoing Membership Dues may be paid by direct debit or periodic credit card payments made by way of completing an EziDebit Direct Debit Request Form.
3.5.1 You must make sure:
126.96.36.199 Your account can accept direct debits;
188.8.131.52 There is enough money in your account on the payment day and the next 5 days;
184.108.40.206 You provide Written Notice to us if you are transferring or closing your account, at least 48 hours before your next direct debit; and
220.127.116.11 You provide Written Notice to us about any changes to your credit card, such as its expiry date or number, at least 48 hours before your next direct debit.
3.5.2 If your Membership Dues remain outstanding:
18.104.22.168 You may be charged a late payment fee of $10.00 for a failed payment, which will be debited to your account, and you authorise us to do this;
22.214.171.124 We will collect any outstanding amounts and any charges we incur for late payments through your EziDebit Direct Debit Request Form.
126.96.36.199 You will not be able to access EST. 3.6 Changes to Membership Dues
3.6.1 We review our Membership Dues periodically and may change them from time to time, which may result in an increase to your Membership Dues after the Initial Commitment Period.
3.6.2 If we change your Membership Dues we will give you at least 14 days’ Written Notice of any change and the date from which the change will apply.
3.6.3 If you do not wish to accept the change of your Membership Dues, you may terminate your Membership in accordance with clause 188.8.131.52 of this Agreement.
3.6.4 If you do not terminate your Membership under clause 184.108.40.206 of this Agreement, you will be required to pay any revised Membership Dues from the date from which the changes become effective and any direct debit payments or credit card payments will be amended accordingly.
3.6.5 We reserve the right to change your Membership Dues in line with any government Goods and Services Tax rate changes, even if you are in your Initial Commitment Period.
3.7 There may be fees for Additional Services provided by EST, which would require payment of an entry fee. Only EST Members can receive such Additional Services.
3.8 Any fees that may be payable for Additional Services or changes to your
Membership, such as Suspending Your Membership, Transferring Your Membership or Cancelling Your Membership will be payable with staff at Your Home Club.
4 THE CLUB RULES
4.1 The Club Rules govern your use of EST and are binding on all Members, Guests and Visitors.
4.1.1 If a Member brings a Guest or Visitor to EST, that Member is responsible for the conduct of the Guest or Visitor.
4.1.2 Respect your fellow class participants, yourself, and your trainer.
4.1.3 If you do not have a towel you cannot train.
4.1.4 All members must pack away their equipment after use in the Open Gym time slots.
4.1.5 Please conduct yourself appropriately at all times so as not to jeopardise your safety and/or the safety of others.
4.1.6 No talking whilst the exercise introduction is taking place.
4.1.7 No one is to enter the training room or interact with class participants while a class is taking place, unless there is an emergency.
5.1 In the course of exercising or engaging in any Recreational Activities and GPT Classes while using any of EST’s Facilities, if You are injured or killed, we will not be liable except to the extent that the harm was caused by our Gross Negligence.
5.2 Exercising and using EST Facilities may involve the risk of injury and is done so at your own risk.
5.3 You must monitor your physical condition at all times while at EST and exercise to a level that is appropriate, given your knowledge of your health and any medical advice you have obtained. If any unusual symptoms occur, immediately stop what you are doing and notify an EST Staff Member.
5.4 If you believe any of EST’s Recreational Activities and GPT Classes might risk your health, or your medical condition changes after you sign your Membership Application Online Form and Pre-exercise Questionnaire, you agree to provide EST with Written Notice providing full details.
5.5 Warning under the Australian Consumer Law and Fair Trading Act 2012 (“the Act”)
5.5.1 In this warning, references to “the Supplier” is a reference to EST, and references to “you” mean you and your child (if you have agreed to these Terms and Conditions on behalf of your child).
5.5.2 Under the Australian Consumer Law, several statutory guarantees apply to the supply of certain good and services. These guarantees mean that the supplier, EST, is required to ensure that the recreational services it supplies to you are rendered with due care and skill, and are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier, and that you may be reasonably expected to achieve any result you have made known to the supplier.
5.5.3 Under section 22 of the Act, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign the Membership Online Application Form, you will be agreeing that your rights to sue the supplier under the Act if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.
5.5.4 The change to your rights, as set out in this form, does not apply if your death or injury is due to Gross Negligence on the supplier’s part.
6.1 EST is committed to safeguarding personal privacy. We recognise that individuals have a right to control how their Personal Information is collected and used. Unless given consent to do otherwise, we will only collect and use Personal Information as set out below.
6.2 During your Membership we will have access to the Personal and Sensitive Information that you have provided to us and we are committed to protecting such Information. EST takes all reasonable steps to keep your recorded Personal Information secure and only permits authorised personnel to access your information.
6.3 EST will not collect or monitor any Personal Information about an individual without their consent. The only Personal Information collected is that which is provided voluntarily by a member or prospective member when they personally complete and submit a Membership Online Application Form, a Pre-exercise Questionnaire and/or an EziDebit Direct Debit Request Form.
6.4 We will only use, disclose or deal with this information to fulfil obligations under this Agreement, to render Services, to provide information about products, Services and/or special offers to Members, to obtain opinions or comments about products and/or Services from Members, and to record statistical data for marketing analysis from Members. We may also use the information for any other purpose permitted under the Privacy Act 1988 (Cth).
6.5 Sensitive Information will only ever be used for providing Services to Members. Such information will not be used or disclosed for any other purpose without consent, except in exceptional cases where disclosure may be required by law or is necessary to protect the rights or property of EST, or any member of the public, or to lessen a serious threat to a person’s health or safety.
6.6 EST may employ other companies or service providers to assist in providing the Services, including but not limited to marketing, market research, mailhouse services, hosting and product development services, analysis of Member lists and/or consulting services. These third parties may have access to Personal Information that is needed to perform their specific function. They cannot use that information for other purposes.
6.7 Individuals have the right to review, amend or delete Personal and/or Sensitive Information that may be recorded on the EST database. Information may be reviewed, amended or deleted by completing the Access Request Form at your Home Club reception. All reasonable steps will be taken by EST to delete the information, except where it is required for legal purposes.
6.8 EST may at times take photographs and video recordings of GPT Classes and Open Gym for the EST website and social media platforms. As a Member you authorise our use of these photographs and video recordings. For any personal before and after transformation photographs, EST will ask the individual’s permission prior to publication.
7.1 Cancellation of your Membership by You
7.1.1 If You would like to cancel Your Membership, you are required to give 4 weeks’ Written Notice.
220.127.116.11 If you would like to cancel your Homebodies Membership, you are required to give 1 weeks’ Written Notice.
7.1.2 The notice period in clause
7.1.1 of this Agreement is for 4 weeks starting from the first day of your next Billing Period. HomeBodies 1 week notice starts from the next billing period.
7.1.3 If You wish to cancel Your Membership during the Initial Commitment Period, You must give us at least 3 days’ Written Notice prior to the first Billing Period.
7.2 Reasons for cancelling Your Membership
7.2.1 You may terminate Your Membership immediately by completing a Change of Circumstances Request Form at Your Home Club within 30 days of the following occurring:
18.104.22.168 We increase your Membership Dues other than in accordance with clause 3.7 of this Agreement.
22.214.171.124 We close the whole of your Home Club for any reason for a minimum period of 30 consecutive days.
126.96.36.199 We make changes to this Agreement under clause 8.4 that significantly reduces the benefits of Your Membership.
188.8.131.52 We breach any terms of this Agreement and fail to rectify that breach within 14 days of You giving us Written Notice to do so.
184.108.40.206 You have provided medical documentation from a doctor stating that you are unfit to continue exercise and have been advised to refrain from attending EST.
7.3 Termination of your Membership by us
7.3.1 We may terminate your Membership immediately by emailing or writing to you at the contact address on our records if:
220.127.116.11 You breach this Agreement or the Club Rules.
18.104.22.168 If the breach of this Agreement is capable of a remedy, and is not remedied within 14 days of us giving you notice to do so.
22.214.171.124 If any part of your Membership Dues remain outstanding for a minimum period of 28 days.
126.96.36.199 If you provide us with details which you know to be false when applying for Membership and these false details have affected our reasonable decision to grant You Membership to EST.
7.3.2 If we terminate your Membership for any of the reasons outlined in clause
7.3.1 of this Agreement we may (without limiting any other right of remedy):
188.8.131.52 Recover any other reasonable costs and expenses we incur as a result of Your Breach;
184.108.40.206 Collect the full amount of Membership Dues for the remainder of the current Billing Period and any arrears; and
220.127.116.11 Use a third party to assist in the collection of outstanding costs, expenses and Membership Dues.
7.4 You must provide 3 days’ Written Notice before your upcoming billing period to activate the cancellation request for the upcoming billing period.
8 GENERAL PROVISIONS
8.1 Changes to contact and billing details
8.1.1 You must keep us up to date with your contact details by providing Written Notice if your contact or billing details change.
8.1.2 In the event that we do not receive Written Notice from you, notice given by us to you to the relevant address on our records will constitute valid notice to you for the purposes of any term under this Agreement.
8.2 If we fail to enforce any of our rights at any time, for any period and for whatever reason, those rights will remain intact and should not be considered 10 as having been waived by us.
8.3 If we fail to notice or act on a breach of the Terms and Conditions of this Agreement, this does not mean that the breach is acceptable. 8.4 Changes to EST Services and Facilities
8.4.1 We may sometimes add to, change or remove some of our Terms and Conditions. This includes changing an EST Club’s operating hours and EST Services and Facilities. The most up-to-date Terms and Conditions always apply and can be found at the reception of your Home Club or on our website at www.esthealthperformance.com8.4.2 We may need to adjust the availability of certain facilities at your Home Club on a temporary basis, including for the purposes of cleaning, improvement work, repairs, upgrades, maintenance, special functions and holidays.
8.4.3 If your Home Club is not available for more than seven consecutive days you can ask us to suspend your Membership free of any Suspension Fee for the Billing Period that your Home Club is not available.
8.5 Access to EST
8.5.1 Home Memberships have unrestricted access to GPT Classes, and Members can attend as many sessions as they like, provided they comply with the EST Booking System (please see clause 8.6 of this Agreement).
8.5.2 Open Gym Memberships allow the Member to have access to Open Gym Time slots only. 18.104.22.168 Pre-paid GPT Classes that have expired are nonrefundable.
8.5.3 “Refer a Friend – Get a Month Free” Offer
22.214.171.124 Applies only to Members who have referred a friend to the same or higher level of Membership.
126.96.36.199 A Member who has made a referral of a lesser value (i.e. Couples Membership Member who has referred a Home Membership Member) will only receive one Billing Period off their Membership Dues.
8.6 Booking System
8.6.1 EST are integrated with the Mobile Booking Application MindBody Connect and MindBody web page.
8.6.2 All GPT Classes must be booked (if required by EST) no less than 12 hours prior to the start of the class.
8.6.3 Classes that do not require bookings are open to all members, and works on a “first in-best dressed” system.
8.6.4 GPT Classes require a minimum of 4 participants for each class. If we do not reach this number the class will be cancelled.
8.6.5 If a GPT Class that you have booked into is cancelled, we will endeavour to move you into another class.
8.7 Nutritional information provided by EST is taken from sources provided by third parties, including the Food Standards Australia New Zealand (FSANZ) NUTTAB 2010 Guide to nutrient content and personal courses. Before relying on any nutritional information, you should carefully evaluate the accuracy, completeness and relevance of this information for your purposes, and consider the need to obtain appropriate expert advice relevant to your circumstances. EST gives no warranty that the nutritional information provided is free from error or suitable for your purposes.
9 CONSUMER GUARANTEE
9.1 Establish Health and Performance offers services to educate clients of exercises and routines to improve fitness and strength. These are general exercises approved by FIA and Fitness Australia, and not personalised for each individual client.
9.1.1 Establish Health and Performance offers the results of improved mobility, strength and fitness, within a reasonable time to obtain. We recommend a minimum 12 months of consistent training.
9.1.2 EST services will be provided with acceptable care and skill and technical knowledge.
Includes EST Challenges, which are not compulsory, and may incur an additional charge. Only EST Members can take part in EST Challenges.
The fortnightly period in which the Membership Dues are calculated and payable.
Change of Circumstances
Request Form The form that is to be completed at the Reception of your Home Club for any changes to be made to your Membership i.e. Suspending your Membership, Transferring your Membership, Terminating your Membership etc.
Couples Home Membership
This is the Membership available to genuine couples and must be paid from one bank account or credit card only.
Extended Suspension Period
A suspension period greater than 8 weeks. EST Facilities Including but not limited to the area within EST where GPT Classes take place, the Open Gym and EST equipment.
EST Booking System
The Mobile Booking Application known as MindBody Connect and MindBody web page.
Group Personal Training Classes.
In relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission.
A person who attends EST on a casual basis as a non-Member.
The fee charged on a casual visit to EST by a non-Member. Home Club The EST Club identified on your Membership Application Form.
This is the name of the membership provided to a single individual who does not fall under the category of ‘Senior’.
A person who has completed and signed a Membership Online Application Form.
The fees payable to acquire and maintain an EST membership. The Membership Dues include Goods and Services Tax. Membership Type Including but not limited to Home Membership, Couples Home Membership, Student Home Membership, Strong Seniors Membership and 2 Day Membership (2 Day Memberships are only available to Members who currently hold this type of Membership).
Mobile Booking Application
The Mobile Application that allows Members to book GPT Classes on their mobile phone.
Ongoing Commitment Periods
Each Ongoing Commitment Period is 2 weeks in length and will begin on the first day after your previous Ongoing Commitment Period ends. For example, assuming a fortnightly Billing Period starts on 9 April 20xx, the Initial Commitment Period for a member whose Membership Start Date is 5 April 20xx, will begin on 5 April 20xx and end on 5 May 20xx. Their first Ongoing Commitment Period would then run from 6 May 20xx until 19 May 20xx.
The use of the gym by Members when there are no classes.
A Member’s health and financial information, including but not limited to a Member’s name, contact details, date of birth, emergency contact details, bank account and/or credit card details, student identification details, employment details, and payment history. For the purposes of this Agreement, any reference to Personal Information also includes Sensitive Information.
Personal Training Session
A private workout session with a personal trainer, either one-on-one, or in a group setting.
Pre-paid Commitment Period
The length of your Membership that has been paid in full in advance. 14 Pre-Paid Membership Expiry Date The expiry date for your Pre-paid Membership will be determined by the length of Membership that you have paid for. For example, if you purchase a 3 month prepaid Membership, it will expire 3 months from the date of purchase and automatically default to a recurring Home Membership.
A sporting activity or similar leisure time pursuit or your participation in any other activity that involves a significant degree of physical exertion or physical risk and is undertaken for the purposes of recreation, enjoyment or leisure.
The information a Member has disclosed about their physical and mental health and well being. For the purposes of this Agreement, Sensitive Information is a subset of Personal Information.
Including but not limited to the provision of EST facilities and organised private and group training classes.
Student Home Membership
This is the Membership available to full time students only.
Strong Senior Membership
This is the Membership available to persons over the age of 60 years and provides access to Strong Seniors Classes only.
Please see Guests.
Written Notice in writing provided to EST via email to email@example.com, post or by completing the relevant form at the reception of your Home Club i.e. Change of Circumstances Request Form.