Membership Terms and Conditions

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

1. DEFINITIONS:

a. These terms and conditions will be between Freeway Fitness PTY LTD ABN 59 689 980 042, herein after referred to as ‘Freeway’.

b. A reference to a party includes that party’s legal personal representative heirs and assigns.

c. “Member” includes that parent or guardian of the Member if the Member is under 18 years. Month referred to as mth. Minimum referred to as min. Fortnightly referred to as FT.

d. “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.

2. RECEPTION AND ACCESS: All members must present/ scan their membership card (or present photo ID) upon entry to the club at every visit. Card scan is compulsory for security and insurance requirements. Card replacement cost is $10. Upon joining Freeway a photo will be taken of you for security reasons relating to the safety of our members. The photo will not be used for any other purposes and will be stored securely on our database. All ‘guest visitors’ to Freeway are required to present approved photo identification upon every visit. Entry to the club may be refused as a result of unpaid or outstanding membership fees, non-compliance to club rules. Please advise us of any changes to your address and or contact information.

Access is for you and you alone. You are not permitted to allow others access upon your entry to the gym. If you allow entry to others a $50 charge for members and $100 charge for non members. All clients must scan their card upon entry to the club. All clients must have a hand towel when training and be presented or seen upon entry otherwise a $20 fee will apply. All client must unload and or put equipment back in correct location. Failed to do so will result in a $20 fee.

3. MEMBERSHIP:

a) Your required to update your contact details when they change, comply with all conditions of entry, 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.

b) 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.

c) You acknowledge that it is your responsibility to cancel direct debit facilities in respect of your membership when this agreement expires or is terminated.

d) Freeway reserves the right to make changes to exercise equipment supplied in the club at any time. Freeway also reserves the right to make changes to the Group Fitness timetable at any time. (ie. Alter class type, times and instructors).

e) All entitlements and entry into Freeway is revoked if a member’s account is in arrears.

f) If your automatic direct debit reverses or is returned to us by your financial institution we will attempt to contact you about re-debiting the membership fees. If the debit remains outstanding it will be process within 14 days of the reversal with any reversal, failed fees and late fees that apply. If you fail to pay the fees by the due date, club entry will be refused. In the event unpaid fees remain outstanding after attempts by Freeway to rectify the arrears, your membership may be forward to a collection agency for further action.

g) When a day to debit falls on a weekend or public holiday the debit will be initiated on the next business day.

h) Freeway reserves the right to change the conditions contained in contract by providing one month advance written notice of any changes.

i) Direct debit membership have a min of payments: 1 mth min term: 2 FT payments, 7 mth min term: 15 FT payments, 14mth min term: 30 FT payments.

4. DISHONOURED PAYMENTS: It is your responsibility to ensure that on the due date the total funds are available in your nominated account to meet the direct debit payment. Should your payment be dishonoured Freeway will debit an additional $21 with the next payment, if this has not been received or instructions to the contrary from membership holder, debits to both the current due payment and also now overdue payment(s) will be debited/due the same day. Any and all fees involved and related to debit collection in accordance with the terms and conditions of the contract (refer to clause 12 Debt Collection Agencies) can and will be debited by Freeway.

Paid in full membership: late payment fee of $25 will apply if part payment becomes overdue.

5. CANCELLATION/ TERMINATION:

5.1. This agreement is subject to a cooling off period.

During the cooling off period: Your membership is subject to a 24hrs cooling off period. The cooling off period starts from the date the agreement is entered into and ends at the close of business 24 hrs later and may be terminated under the following conditions:

Freeway requires a written and signed request to terminate the membership within the time frame specified as the cooling off period from signing the membership agreement and surrendered to reception staff. All monies paid will be refunded with the exception of an administration cancellation fee of $99. Direct debit membership, administration cancelation fee will be debited on the next scheduled debit. Freeway may request an additional payment to recover cost in relation to any fitness services provided to the member within this period.

Outside Cooling Off Period: Your membership may be terminated under the following conditions outside of the cooling off period.

Permanent Sickness or Physical Incapacity:

Freeway requires a medical certificate stating that you cannot utilise permanently any fitness services or facilities because of your permanent illness or physical incapacity. The facilities will need to be listed on the medical certificate: pool, sauna, spa, cardio equipment, strength equipment, upper and lower body exercises and stretches, all style of classes and including gentle and or no impact exercises. Freeway may agree once confirmed/approved to cancel the membership upon payment of a cancellation fee.

Cancellation for any other reason: You may terminate your 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 fees for all membership options are as follows: If there is 12 months or more of membership fee equivalent remaining on the Minimum Term of the Agreement = $299. If there are less than 12 months but more than 6 months of membership fee equivalent remaining on the Minimum Term of the Agreement = $249. And, if there are less than 6 months of membership fee equivalent remaining on the Minimum Term of the Agreement = $199 OR the amount of the future membership fees payable whichever is the lesser).

5.2. Freeway requires that a written cancellation request to be completed and all requests must be directed, in the first instance, to Freeway.

5.3. There is no refund for paid in full membership once the cooling off period has passed.

5.4. Cancellations after completion of minimum term:

There will be a period of notice of 1 month from the date of the cancellation request to the date of termination, during which any payments that fall due must be paid in full. Any instalments/fees due at the date of termination (including instalments/fees which fall due during the notice period) will remain a debit owed to and recoverable by Freeway. All cancellation requests to be completed at Freeway Reception during operational business days Monday to Friday 8am to 7pm. Notice required. 1 month notice can only be given a maximum of 1 month prior to minimum term completion. Ongoing membership Agreement: After the expiry of the minimum term or payments, and after all instalments and fees due paid in full, this Agreement shall continue indefinitely until such time as the Member makes a request, after the expiry of the minimum term for it to terminate.

6. TRANSFER OF MEMBERSHIP BY THE MEMBER:

A Freeway membership, while within minimum term or term, may, at Freeway discretion, be transferred to a non-member for a fee of $65.00. Transfer are subject to special criteria in addition to Freeway normal membership guidelines. The terms of the membership agreement and the Club that the membership is associated with remain unchanged.

7. DAMAGE & PERSONAL INJURY:

To the extent permitted by law, Freeway 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 costs, charges or expenses incurred by the Member, arising from or in connection with this Membership Agreement and/ or the services/ products provided by Freeway, and/or any act or omission of Freeway.

8. SAFETY, MAINTENANCE & SERVICE DEMAND:

Operational changes may be required to be made including but not limited to the premises, this may include:

Hours of operation and or reception operation hours. Change of the availability of facilities or services within the club. Closure off part of the premises or equipment. Change of conditions of Entry or Club Rules. Where this occurs, Freeway will provide reasonable notice within the club or on its premises advising of this change/s.

9. SUSPENSION: Suspensions are available for a minimum period of two weeks and a maximum of four weeks per year of membership. A suspension form must be completed in person at the Club within 7 days prior to the start of suspension and will not be back dated. A fee of $10 applies to suspend your membership and is payable at the time of suspension request.

10. ADMINISTRATION FEE:

a) If paying by direct debit, a one-off fee of $65 is payable to Freeway by the Member on signing of this Agreement. $1 transaction fee applies to each instalment/ Debit.

b) Request for a reprint of this Agreement or statement of accounts if required will incur a $15 fee payable at time of request.

11. APPOINTMENT FEES: In event that an appointment has been made/booked and the Member does not give the required 24hrs notice or does not attend the appointment a $10 ‘no show’ or ‘late cancellation’ fee will apply.

12. DEBT COLLECTIONS 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 Freeway, the Member authorises Freeway to notify any debt collection agency of the default. Should this occur then at Freeway 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 Freeway to add to the outstanding debt a fee of $50. The member shall pay for all costs incurred by Freeway Fitness (including costs for which the Freeway Fitness may be contingently liable) in any attempt to collect any monies owned by the Customer to Freeway Fitness under this agreement including debt collection agent, repossession, location search, process server and solicitor costs a solicitor/ client basis.

13. INCREASE IN FEES: If paying by direct debit, Freeway may at any time AFTER the end of the minimum term, upon sending written notice to the Member’s last known address and giving 14 days’ notice, increase the instalment amount.

14. ENTIRE AGREEMENT: This Agreement constitute the entire agreement, understanding and arrangement (express and implied) between the member and Freeway relating to the subject matter of this Agreement and supersedes and cancels any previous agreement, understanding relating thereto whether written or oral/verbal.