THIS AGREEMENT is made
BODYFIT by Chloe (we, us, our)
1. ADMINISTRATION FEES AND ONGOING FEES
1.1. The Administration Fee will apply when you join or renew your membership. We have the right to refuse a membership application. A $3.00 new client fee will be charged if a direct debit form needs to be submitted.
1.2. You must keep up to date with payments weekly , fortnight or monthly by direct debit, in accordance with the agreement with Ezidebit or other direct debit agency. We will only accept direct debit as payment, no regular cash payments are to be excepted.
1.3. You must ensure that your bank account accepts the direct debit which will take place only on a Friday and that there is enough money in your account on the due date.
1.4. You will be charged a fee each time a direct debit takes place of $1.25 if bank account details are supplied. If card details are supplied you will incur a fee of 2.2% (minimum $1.25) on top of your membership. These account fees are charged by Ezidebit. If a payment declines you will incur a $26.00 failed payment fee.
1.5. If you fail to make payments a debt collection company will be notified to retrieve the amount owing. In this case you will also incur the amount charged by the debt collection company on top of the amount owing.
1.6. If you cannot commit to the direct debit agreement, you must pay Casual Fees of $25.00 per class.
1.7. We have the right to increase any Fees at any time, and we will notify you of any change(s) within seven (7) days.
1.8. All Fees are non-transferable and non-refundable. No holds or freezes of membership are available.
1.9. You must notify us immediately of any changes to your contact details and your bank details to avoid additional charges for failed direct debit payments.
1.10. The individual must give over 7 days notice on the cancellation of their BODYFIT by Chloe membership. This is to be done via email, all payments will cease after a minimum of 8 days notice has been given. This will result in one further week of payments being deducted for the member.
1.11. It is the members responsibility to read our online terms & conditions whilst apart of the BODYFIT by Chloe team. Upon signing & agreeing to our direct form you here by commit to our online terms & conditions agreement.
1.12. If a failed payment takes place you will be contacted by email to inform you of the date the new direct debit will take place. We do not wait until the next payment week. We do not need authorization or confirmation to reschedule a failed payment to retrieve owing funds.
2. CANCELLATIONS AND REFUNDS
2.1. Make-up sessions are available. On the terms that the client can only redeem make up classes whilst paying a weekly membership fee. The client has 14 days from the time of the missed class to make up or redeem that missed class. After 14 days the missed class will be declared non redeemable.
2.2. You must notify us if you cannot attend a personal Fitness Class at least 12 hours prior to the Fitness Class which may then be rescheduled as a make-up session at our discretion. Due to the circumstance where 12 hour’s notice is not received the client must pay in full the cost of the personal training class for the failure to adequately notify.
2.3. Any credits for group fitness or personal training will not be refunded. It is the clients responsibility to redeem their credit for one of our services within 2 weeks or their credit will be forfeited.
4.1. You warrant that:
4.1.1. you are over 18 years of age;
4.1.2. you are in good physical condition;
4.1.3. you have consulted a medical physician prior to participation in the Fitness classes; and
4.1.4. there is no medical or other reason why you cannot do active or passive exercise that may damage your health, safety, comfort or physical condition;
4.1.5. you have completed the attached health screening form to the best of your belief and knowledge.
4.2. You acknowledge that:
4.2.1. we are not medically trained and are not qualified to assess if you are in good physical condition and can exercise without damaging your health, safety, comfort or physical condition;
4.2.2. we cannot guarantee the results of the Fitness classes;
4.2.3. you participate in the Fitness classes voluntarily and at your own risk, and as more fully defined in clause 5.
5. EQUIPMENT AND NOTIFICATION
5.1. You are responsible for:
5.1.1. using the equipment correctly;
5.1.2. any damage to equipment caused by you.
5.2. You must:
5.2.1. wear suitable clothes and enclosed sports shoes;
5.2.2. bring a clean towel and water bottle with you to Fitness classes, and sun protection when participating outdoors;
5.2.3. bring cotton under gloves, boxing gloves and hand and foot wraps where appropriate.
5.3. You must notify us immediately:
5.3.1. in the event that you feel faint, nauseated, or experience pain or discomfort;
5.3.2. if you believe there is a risk to your health from doing any activities;
5.3.3. if your medical condition changes;
5.3.4. if you do not wish to have physical adjustments performed during the Fitness classes;
5.3.5. if you do not wish to have your photo taken for promotional purposes. Please notify staff prior to the commencement of this program
5.4. You must not participate in Fitness classes if suffering from any infections; contagious illness, disease or other ailment, or suffering from open cuts or sores.
6.1. We warn you that during the Fitness classes, you may suffer injuries including, but not limited to, broken bones, soft tissue injuries, joint injuries, fainting, erratic heartbeat, abnormal blood pressure, heat related conditions, and in rare instances heart attack, stroke or death.
6.2. You must notify us immediately you suffer any injury, and you consent to us performing basic first aid in an emergency situation.
6.3. You agree that we will not be liable for:
6.3.1. any death, personal injury or illness or from using our equipment except where this results from our gross negligence;
6.3.2. any condition which you may incur now or in the future as a result of participating in the Fitness classes;
6.3.3. any loss, damage or theft of property belonging to you, or brought into Fitness classes.
6.4. You release and indemnify us, our employees, servants and agents from and against any and all actions or claims which may be made by you, on your behalf or by other parties for or in respect of or arising out of any injury, loss, damage, or death caused to you or your property whether by negligence or by breach of contract.
7.1. We acknowledge and respect your privacy. Any information collected from you is for the purpose of us providing the best Fitness classes possible.
7.2. You will receive communications from us from time to time updating you on Fitness classes, membership and promotions. We may mail, email, SMS and telephone you.
7.3. You acknowledge that we may photograph you during Fitness classes and you consent to the use of these photographs for promotional purposes.4
8. PROPER LAW
8.1. This Agreement shall be governed by the laws of NSW and the parties submit to the exclusive jurisdiction of NSW.
9.1. Any term of this Agreement which would be invalid under the proper law shall be ineffective to the extent of its invalidity without affecting the remainder of the terms of this Agreement.
10. ENTIRE AGREEMENT
10.1. This Agreement represents the entire understanding between the parties in and supersedes all other agreements between the parties relating to the same subject matter.
11.1. Administration Fee is the initial fee to join us, and our administration costs.
11.2. Casual Fees are the fees for one off sessions;
11.3. Fees are the ongoing fees paid by direct debit for the Fitness classes; it is up to the member to cancel their membership
11.4. Fitness classes includes group and individual fitness classes, personal training sessions, interval training, endurance training, workshops and any health or other programs offered by us.
11.5 We have the ability to change or amend our Terms and Conditions at any time by posting in our Facebook forum notifying our changes. It is the clients responsibility to keep up to date with the Terms and Conditions on our website.