GOOD HEALTH RESOLUTIONS MEMBERSHIP TERMS AND CONDITIONS
ACL means the Australian Consumer Law. Administration Fee means any reasonable administrative costs incurred by us in relation to a Membership.
Agreement means this agreement, compromising of the Details and the Terms.
Cancellation Fee means an amount equal to 50% of the balance of your Fees for remainder of the term of your agreement.
CCA Means the Competition and Consumer Act 2010.
Class or Classes means an exercise class conducted by Good Health Resolutions and their staff.
Details means the details of your Membership, as set out in the Online Booking System.
Direct Debit Payment Agreement means the periodic billing agreement you enter into with our third party Biller for periodic billing services.
Fees means the fees payable for a Membership.
Good Health Resolutions (ABN 84 032 487 309), its related body corporates and affiliates and includes and successor or assignee.
Guest means any person who attends a class ran by Good Health Resolutions who is not a Member.
Instructor means any person who is instructing, or assisting with the instruction of a Class.
Member means a person who holds a Membership for a Studio.
Membership include annual membership, three (3) and six (6) month memberships, month to month memberships, casual and a multi pass membership.
Online Booking System means the online booking system whereby Members can view and select a Class to attend and purchase a Membership.
Pre-Exercise Questionnaire means the questionnaire or other screening we may require you to answer before using participating in a Class.
Class Rules means the rules referred to in clause 5.3.
Terms means these terms and conditions.
“us” or “we” means Good Health Resolutions, the Classes you have agreed to become a Member.
“you” means the Member the subject of this Agreement.
2. FEES & TERM
2.1 The Fees you have to pay and the term of this Agreement are set out in the Details
2.2 If you do not make any payment when it is due, your Membership may be suspended and you could be refused access to attending out Classes until all outstanding amounts have been paid.
2.3 Your Membership may also be terminated if any Fees remain unpaid for an extended period. You will still be liable for all unpaid amounts.
2.4 If you pay any Fees, by direct debit, then this will be through our Biller (not us). You will be provided with a copy of Direct Debit Payment Agreement of the Biller which applies to any direct debit services. The Direct Debit Payment Agreement, which we are not a party to, is entirely separate to this Agreement.
2.5 By nominating a credit or debit account, you authorise our Biller, to deduct from that account all Fees and other charges you are responsible for under this Agreement.
2.6 You must keep your account details up to date and ensure there is enough money in your nominated account on the usual payment, or the next working day if that falls on a day when banks do not process payments. If there is not enough money in your nominated account on the usual payment day, or there is another reason that your account was unable to be debited you may be charged an additional fee by the Biller, which may be added to your next debit amount.
2.7 At the time of writing these terms and conditions Good Health Resolutions used a Third Party Biller for periodic billing services. We use Debit Success for direct debit and PayPal for upfront and product purchases. If you choose to pay via direct debit, The Biller, Debit Success has fees: $12 Establishment Fee, $1.65 Transaction Fee and a $12 Payment Reversal / Dishonour Fee.
3 HEALTH & SAFETY
3.1 When you become a Member and each time you participate in a Class, you must ensure that:
(a) you are in good physical condition and know of no medical or other reason why you should not exercise.
(b) you do not have a physical, medical, or other disability or condition which may be affected or aggravated by, or which may result in any sickness, injury or death to you as a result of:
(i) active or passive exercise; or
(ii) participating in a Class.
If unsure about any of the matters set out above, you should not participate in a Class until you have sought appropriate medical guidance and have been given the go-ahead.
3.2 You must not participate in a Class if:
(a) you have an infection, contagious illness or physical ailment, such as an open cut or sore
(b) there is any other risk, however small, to other Members and Guests.
3.3 YOU ACKNOWLEDGE AND AGREE THAT PARTICIPATING IN HIGH INTENSITY INTERVAL TRAINING IS A STRENUOUS PHYSICAL ACTIVITY AND MAY NOT BE SUITABLE FOR ALL PERSONS. IMPROPER USAGE OF ANY ITEM OF EQUIPMENT OR FAILURE TO FOLLOW INSTRUCTIONS FROM AN INSTRUCTOR MAY RESULTS IN INJURY OR DEATH.
3.4 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.
3.5 You promise that information you give us will be true and accurate and not misleading in any way.
3.6 We may suspend or cancel your Membership if we have reason to suspect that you have not complied with any part of this clause 3.
4.1 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:
(a) transferred to and stored out of Australia, including to a country that does not have the same level of privacy protection as Australia;
(b) disclosed to and used by Good Health Resolutions, the rights holder in relation Good Health Resolutions the brand, marks and training programs.
4.4 You must tell us promptly if you change your contact or payment details or if there is a change to other relevant personal information, including anything that may affect health or safety.
4.5 You understand that photos, film, videos or audio recordings are sometimes taken of Members for promotional purposes. Your permission will first be obtained if this is done. By agreeing to these Terms, you agree to allow your images, recording or likeness to be used for any legitimate purpose by Good Health Resolutions.
5. YOUR RESPONSIBILITIES
5.1 If you behave in a risky or seriously inappropriate way, for example, if you threaten or harass others, damage equipment, distribute or use illicit substances, or train other Members without our authorisation, appropriate action will be taken. For example your Membership may be terminated, or suspended, immediately you may be banned from joining any/ Good Health Resolutions location and/or we may refer the matter to appropriate authorities. If your conduct causes us or another person costs, loss or damages you agree to pay for these.
5.2 For your health and safety and the health and safety of other Members, you must ensure that you comply with any direction given to you by an Instructor or any other staff member from time to time.
5.3 Rules apply to everyone attending or participating in a Class. Rules form part of this Agreement so you must make sure you read, understand and follow them at all times. If you break any of the Rules we will respond in a way we consider fair and appropriate. For example, in less serious cases, we may give you a warning but in serious cases, or where you have repeatedly broken Rules we may suspend of cancel your Membership. If your breach causes us or another person cost, loss or damages, you agree to pay for these.
5.4 You promise to take care and use exercise equipment safely and properly. If you are ever not sure how to operate any equipment properly, you must as an Instructor or another staff member before you use it.
5.5 You agree to pay for any loss or damage to the equipment caused by you through a wilful, wrongful or negligent act or as a result of your breach of the Agreement.
5.6 You agree to follow any reasonable direction of a member of Good Health Resolutions staff relating to health, safety or security related matters.
5.7 You promise not to unnecessarily bring valuable to Class and agree that it is not the obligation of the Staff of Good Health Resolutions to look after unattended property.
6. COMMERCIAL ACTIVITY
6.1 You acknowledge that engaging in any commercial or business activities at Good Health Resolutions, such as offering training services or selling goods at class locations is prohibited unless Good Health Resolutions grants you written permission to do so. If Good Health Resolutions gives you written permission, it can revoke this at any time.
7. SUSPENDING YOUR MEMBERSHIP
7.1 You may temporarily suspend or freeze your Membership for any reason if your account us up to date. In any 12-month period you may freeze your Membership for a minimum of 7 days at one time for up to 6 weeks in total. Written notification required.
7.2 We may agree to freeze your Membership for more that the period noted in clause 7.1 for critical medical reasons or hardship reasons but you must give us proof (such as supporting documents) to out reasonable satisfaction.
7.3 To freeze or suspend your payments, we require this in writing, please email Debit Success and CC Good Health Resolutions in your email the dates you are away.
Debit Success do record all phone calls so you can also call them to suspend your payments on 1800 148 848 and just send Good Health Resolutions an email or text with the dates.
8. CANCELLING YOUR MEMBERSHIP
8.1 You can cancel your Membership at any time by telling us in writing if you cannot participate in a class because you contract a serious illness or permanent physical incapability during the term of your Membership. This must be confirmed in writing by a doctor or other medical professional we reasonably agree to and you agree that we nay contact the doctor or other professionals for verification purposes.
8.2 If you cancel under clause 8.1, we can charge you the Administration Fee. You will also be liable to Fees incurred, i.e your Fees for the time you were a Member (calculated on a pro rata basis).
8.3 A Cancellation Fee is payable if you want to cancel your Membership for convenience during the term of your agreement. It is an amount equal to 50% of the balance of your Fees for remainder of the fixed term of your Agreement. Alternatively you can transfer your membership to a new client with no fees.
8.4 If your Agreement is for a fixed term, it will continue after the end of that term unless you tell us in writing at any time but at least 30 days before the end of the term that you wish to cancel your Membership. If you tell us before the end of the term but it is less that 30 days before, your Membership will continue for another 30 days before it ends.
Once the Term of your Agreement has been reached we require 30 days notice to cancel, it does not automatically cancel, this is considered to be a Month to Month contract agreement and will payments will continue to roll-over.
8.5 At the end of 2019 Good Health with Lisa is running a promotion where you can train for the rest of 2019 for free if you sign up on a paid membership. Upon registering for this special offer you agree to provide Good Health with Lisa your bank details to set up payments through Debit Success. At this time you may be charged an establishment fee of $12 through Debit Success, your membership payments will not be charged until the first week of 2020, you then agree to make your membership payments as per terms above.
9.1 In addition to other rights under this Agreement, we may cancel your Membership if you breach any obligation under this Agreement that can’t be fixed or if you breach an obligation that can be fixed but you do not fix it in a reasonable time.
9.2 If we cancel your Membership under this clause 9, you will be liable to Fees incurred, i.e. your Fees for the time you were a Member (calculated on a pro rata basis). We may also charge a Cancellation Fee and recover costs, loss or damage caused by your breach.
9.3 You promise you are not bankrupt or insolvent and are able to pay applicable Fees at the time of signing. You agree that you will tell us promptly if you believe you will be unable to pay your Fees for an extended period. We may cancel your Membership if you become bankrupt or insolvent.
10. OUR LIABILITY
10.1 If you agree to these Terms, you agree, to the extend allowed by section 139A of the CCA, to exclude or modify our liability to your for death or injury from our failure to comply with ACL guarantee. This exclusion does not apply if your death or injury is caused by our “reckless conduct” (as defined in the CCA).
10.2 Nothing in this Agreement excludes, restricts or modifies any terms, conditions, warranties, guarantees, rights, or remedies which cannot lawfully be excluded, restricted or modified. Otherwise, unless expressly included in the Agreement, all implied Terms, conditions, warranties, guarantees, rights or remedies that can be lawfully excluded are excluded. In particular, we are not liable for death or injury caused by our negligence or breach of implied terms that services will be provided with reasonable care and skill at common law. This does not exclude our liability for reckless conduct.
11.1 Each Guest agrees to and must otherwise comply with clauses 3, 4, 5, 6, 10 and 14 as if a reference to a Member was a reference to a Guest.
12 COOLING OFF PERIOD
All Membership are be subject to a 7 day cooling-off period. Any request for termination of a membership which is made during this period must be made in writing, unless this agreement is defined as an unsolicited consumer agreement under the Australia Consumer Law in which case, termination may be written or oral. Membership fees will be refunded for any membership which is validly terminated during this cooling-off period less any initial set up, transaction or insurance fees.
13 SUPERVISION OF CHILDREN
13.1 A child is any person under the age of fourteen (14) years. Good Health Resolutions is not responsible for any children brought into the premises by You or Your Guests. You bring any children to the premises at Your, their or their parent’s sole risk and You indemnify Good Health Resolutions absolutely from any injury, loss or damage, howsoever arising on a full indemnity basis (including in respect of all legal or recovery costs on that basis) in relation to same. Good Health Resolutions may have volunteers or bub assistants or child minders helping watch the children at certain sessions, Good Health Resolutions and their volunteers/ bub assistants / child minders will not be held liable for any accidents; and or injury held at the premises.
13.2 If you do bring a child to any classes under the Agreement Fees, a once off Annual Insurance fee applies. This covers any children under your supervision. The Annual Insurance fee is to be paid upon initial enrollment and again the 1st of September Annually. If for example you sign up in July or August you would pay upon enrollment and again in September.
14. GENERAL LEGAL MATTERS
14.1 We are not responsible if Members cannot use Good Health Resolutions facilities/ Gold Coast City Grounds because of an event caused by a natural force (such as fire or a flood) or a road or building closure or something similar beyond our reasonable control. If this continues for more that 30 days, then either you or we may cancel this Agreement immediately by written notice. No Fee will apply.
14.2 If a court decides that any part of this Agreement is or becomes illegal void, or unenforceable, that part is deleted and this does not invalidate they rest of this Agreement.
14.3 If we do not enforce our rights under this Agreement at any time, it does not mean that we may not do so in the future.
14.4 You agree that we have not made any representations or promises that you have relied that are not in this Agreement.
14.5 The law of the state or territory in which Good Health Resolutions is located applies in relation to this Agreement.
You can email Good Health Resolutions for any support issues, feedback, complaints, and questions anytime at firstname.lastname@example.org or contact us via Facebook message. You can also post any questions in the closed Facebook group. Good Health Resolutions encourage you to share how you are going and any questions in the Facebook group and only privately message us if needed (e.g. a personal matter).
The client agrees to:
- Arrive at each session on time and allow time for a warm up and warm down.
- Book all sessions into our Online Booking System every Sunday for the week, at least booking classes 24 hours prior so your trainer can allow enough equipment.
- If unable to attend a session, cancel your booked class into our Online Booking System and if possible complete a workout from the Home program and upload your "sweaty selfie" to the Facebook group for accountability.
- Take full responsibility for her choices and decisions during the session.
- Ensure any changes (contact info, payment info, etc.) are advised.
- Remember to bring boxing wraps and inners on all boxing days.
- Stay interactive on the Facebook group and ensure you are receiving all notifications so you don't miss any important updates and event invitations
Your Good Health Resolutions trainers agree to:
- Arrive at each session on time and provide the highest level of service to ensure that you achieve your desired result during the challenge.
- If your trainer is unwell / unable to attend the session, a replacement trainer will be arranged. If we are unable to provide a replacement trainer to run the class we will run a make-up session and reschedule at the nearest available time.
- Hold all information disclosed in the coaching sessions in confidence.
Assignment and variation Good Health Resolutions may assign or novate this Agreement to a third party without Your consent. Good Health Resolutions also reserves the right to amend this Agreement or any rules or directions at any time without notice.
any queries in relation to the use of monitors or videos operating in and around our facilities please contact Good Health Resolutions.
Please keep your contact information up to date: You must tell Good Health Resolutions promptly if you change your address, phone number, email, bank account, credit card information for payment or if there is a change to any other personal information relevant to your membership with Good Health Resolutions. This includes any matters that affect the health or safety of yourself or others.
All memberships, except for pre-paid memberships, are an ongoing membership agreement that will continue until either you or Good Health Resolutions terminates it in the way described in the agreement.
If an automatic debit arrangement is in place, membership fees will continue to be debited from your credit card or account until you or Good Health Resolutions cancels the arrangement by notifying your bank or credit provider. If you terminate the agreement or stop the automatic debt arrangement in a manner not described in the agreement, then you may be liable to Good Health Resolutions for damages for breach of contract.
Please read the following advice carefully. Raise any questions or queries at any stage of your fitness assessment or training. Work at a low level at the start of your training, focus on how to do the exercise properly and build your way up. Be sure to limit yourself to a pace where you can still talk comfortably. Should you suffer any injury, illness or condition in the future, please advise by completing a lifestyle or medical form again. Statement: I recognize that the instructor is not able to provide me with medical advice with regard to my medical fitness and that this information is used as a guidance to the limitations of my ability to exercise. I have answered the questions to the best of my ability and understand the above advice. I warrant that all information on this form is of a true and correct nature. I accept that I won’t have any claim of any nature against Good Health Resolutions, for any illness, injury or adverse change in medical condition or state of health arising directly or indirectly from any exercise program carried out preparatory to or as part of any exercise program. I undertake any rights granted to me by law which are not capable of change by agreement, remain unaffected by the terms of this agreement. Prices are subject to change. You will be notified of any changes before they are made.
By signing up to an membership on this website, you acknowledge that you have fully read and understand the terms of this agreement and you agree to the above terms and conditions