The below terms and conditions as set out in these Membership Terms and Conditions and any document referred to in them, as amended in accordance with its terms (Terms) are between Torquay Health Collective Pty Ltd (ACN 621 846 080) ATF Torquay Health Collective Trust t/a 4Lane, its successors and assignees (referred to as “we”, “us” or “our”) and you, the person, organisation or entity that uses or purchases the Membership Services from us (referred to as “you” or “your”), and collectively the parties. These Terms will apply to all Membership services provided by us to you.
- We will have no obligation or liability in connection with the Membership or Membership Services until you accept these Terms. You will be deemed to have accepted these Terms if:
- you confirm your acceptance of these Terms (or the provision of the Membership Services) via email or through our Platforms;
- you apply for a Membership with us, we accept your Membership and you pay us the Membership Joining Fee, in accordance with these Terms; and
- you apply for a Membership with us or register for any Membership Services using our Platforms.
Please note that your participation in the Membership Services may expose you to the risk of physical harm or personal injury. The risk pf physical harm or personal injury may arise from, but is not limited to, third party participants, your physical fitness level or equipment supplied by us. You agree and acknowledge that physical harm or personal injury may arise from you or another party’s acts, omissions or negligence. You understand and voluntarily accept any risk that may arise from your participation in the Membership Services.
This is an ongoing membership agreement. The agreement will continue until it is terminated by either you or the supplier in a way described in this agreement. If an automatic debit arrangement is in place, membership fees will continue to be debited from your credit card or account until the arrangement is cancelled by you or your fitness centre notifying your bank or credit provider. If you terminate the agreement or stop the automatic debit arrangement in a manner not described in the agreement, then you may be liable to the fitness centre for damages for breach of contract.
Your membership is subject to a 48 hour cooling-off period which commences on the Start Date and ends at 5.00pm on the day which is 48 hours after the Start Date, during which either you or we can terminate your membership by giving notice in writing (including by email).
In these Terms, unless the context otherwise requires, capitalised terms have the following meaning:
Additional Services means services provided by us, our Personnel or a member of our Partner Network, which you may purchase for an additional fee.
Business Day means a day on which banks are open for general banking business in Western Australia, excluding Saturdays, Sundays and public holidays.
Confidential Information includes information which:
- is disclosed to you in connection with these Terms at any time;
- is prepared or produced under or in connection with these Terms at any time;
- relates to our business, assets or affairs; or
- relates to the subject matter of, the terms of and/or any transactions contemplated by these Terms, whether or not such information or documentation is reduced to a tangible form or marked in writing as “confidential”, and howsoever you receive that information.
End Date means the date these Terms are terminated in accordance with your Membership Type.
Fees means the fees payable by you for your Membership, as communicated by us (including via our Platforms) and which may be adjusted in accordance with these Terms.
Liability means any expense, cost, liability, loss, damage, claim, demand or proceeding (whether under statute, contract, equity, tort, indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent.
Membership is your right to access the Membership Services, subject to and in accordance with these Terms.
Membership Joining Fee means the joining fee payable by you, which applies to your Membership, as communicated by us (including via our Platforms).
Membership Services means one or more of the following, depending on your Membership Type:
- physiotherapy services;
- access to the gym during Opening Hours (with on-site Personnel experienced in personal training and fitness and available equipment);
- yoga classes;
- Pilates classes; and
- any other services that we communicate to you (including via the Platforms), from time to time, subject to these Terms.
Membership Type means the relevant membership type that applies to your Membership as specified on our Platforms.
Minimum Age Requirements means the minimum age requirements as communicated by us (including via our Platforms) which may apply to your Membership if you are under the age of 18 years.
Minimum Term means any minimum Membership term or duration that applies to your Membership or as we may communicate to you as applying to your Membership (including via our Platforms).
Opening Hours means the period between 5.45 am to 7:15 pm on Business Days.
Partner means a business that has entered a Partnership Referral Agreement with us.
Partner Network means our network of service-providers that may, from time to time, offer Additional Services, directly to our members.
Partnership Referral Agreement means an agreement between a Partner and us to offer the Partner’s employees with Membership discounts.
Payment Terms are described in clause 7(a).
Personnel means, any of our employees, consultants, suppliers, subcontractors, agents, instructors, trainers, affiliates and members.
Platforms means our Site, or any other website or application on which you may register to receive our Membership Services (including the MINDBODY app).
Premises means 1/28 Faure Lane, Dunsborough, WA 6281.
Site means our website available at https://4lane.com.au/ and may be available through other addresses or channels.
Start Date means the date that you are deemed to have accepted these Terms.
- You may apply for Membership Services from us by completing an application via our Platforms. You agree to provide accurate, current and complete information during the application process and to update such information to keep it accurate, current and complete and advise us of any changes to the information. We may at our discretion accept or reject your application depending on factors including availability and our ability to validate payment for the Membership Services.
- It is your responsibility to check your Membership Type, Membership Services’ availability, pricing and these Terms, before you submit your application.
- These Terms take effect on the Start Date.
- Subject to these Terms, we will proceed with the provision of the Membership Services within a reasonable time after the Start Date.
3 Our obligations
- In consideration of you paying us the Fees, we will provide the Membership Services in accordance with these Terms, whether ourselves or through our Personnel or Partner Network.
- We will use our best endeavours to ensure the Premises is open during the Opening Hours.
- Subject to your Membership Type and these Terms, the Membership grants you access to the Membership Services during Opening Hours on the Business Day or Business Days that you elected (and we accepted) in your Membership application (or as otherwise agreed between you and us).
- You acknowledge and agree that:
(1) the number of classes you may participate in will be proportionate to your Membership Type; and
(2) the provision of some, or any, of the Membership Services may be subject to availability, or to an invitation or screening process which you will be required to fulfil. We reserve the right to refrain from providing you the Membership Services if you fail to fulfil the requirements of the invitation or screening process.
- We (through our Personnel or Partner Network) may introduce other Membership Services or offer Additional Services, from time to time, in our absolute discretion. We will determine the fee (if any), scope and conditions of new Membership Services or Additional Services at our discretion.
- We may make changes to these Terms, including the availability, timing or frequency of Membership Services, from time to time, by giving you at least 4 weeks’ notice. If we give you notice of any changes and if the changes adversely affect you, you may terminate your Membership once you have provided us with sufficient evidence, to our reasonable satisfaction, that the changes adversely affect you.
- If there is a problem with the Membership Services which is caused by a breach of these Terms by us (Omission), and you have notified us of the Omission within 24 hours after you became aware (or ought reasonably to have become aware) of the Omission, then, to the maximum extent permitted by law, our Liability arising from, or in connection with, the Omission will be limited to us remedying the Omission, or, at our absolute discretion, refunding you that portion of the Fees paid by you with respect to the Omission.
- In order to access and make use of the Membership Services (including but not limited to booking in for classes), you may need to create an account using an email address and password. You must not create and/or maintain more than one account. Basic information is required when creating an account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete and advise us of any changes to the information. Furthermore, it is your responsibility to keep your account details confidential. You are liable for any activity on your account. You must notify us immediately of any unauthorised use of your account.
5 Rules of Conduct
Despite anything to the contrary, to the maximum extent permitted by law, you acknowledge and agree:
- to comply with these Terms, all applicable laws, and all of our reasonable requests or requirements at all times during the term of these Terms;
- to observe any applicable house rules or conditions that are introduced or otherwise communicated by us, from time to time;
- to not use the Premises for commercial or business-related activities and to refrain from causing disruption to other members or other people in the Premises;
- to not allow non-members into the Premises and to report any non-members you observe to be present on the Premises;
- to not be under the influence of alcohol or non-prescription drugs when in the Premises or when participating in the Membership Services;
- to not engage in reckless, foolish or negligent behaviour, or any other behaviour, which may, in our reasonable opinion, create a risk of injury to you or a third party;
- to respect all Personnel, fellow members, equipment and facilities and ensure you leave equipment as you found it;
- to keep any belongings and valuables you bring into the Premises safe;
- to wear suitable clothing at all times when using the Membership Services;
- to cooperate with us, and provide us with information and instructions that are reasonable necessary to enable us to provide the Membership Services, as requested by us from to time, and comply with these requests in a timely manner; and
- that you will remain solely responsible for all and any activities you undertake through the use of the Membership Services.
6 Your acknowledgements and warranties
- Despite anything to the contrary, to the maximum extent permitted by law, you acknowledge and agree that:
(1) your participation in the Membership Services may expose you to the risk of physical harm or personal injury. The risk pf physical harm or personal injury may arise from, but is not limited to, third party participants, your physical fitness level or equipment supplied by us. You acknowledge and agree that physical harm or personal injury may arise from your or another party’s acts, omissions or negligence. You understand and voluntarily accept any risk that may arise from your participation in the Membership Services;
(2) in the event that you become aware at any time of any medical, physical or psychological condition, injury or impairment that may be detrimental to your health or affect your proper and safe use of the Membership Services, you must immediately notify us, cease to use the Membership Services and contact your medical provider;
(3) you are solely responsible for determining the suitability of any Membership Services, and your reliance on any information that is provided to you is at your own risk;
(4) we may, from time to time allow access to the Premises to external third parties; and
(5) we do not provide any guarantee as to the number of Personnel available, at any time, in the Premises.
- You represent and warrant that:
(1) you are 18 years or older (or if you are under 18 years, you have the consent of a legal guardian to use the Membership Services and that you and/or your legal guardian will meet the Minimum Age Requirements);
(2) there are no legal restrictions preventing you from agreeing to these Terms;
(3) you will cooperate with us, and provide us with information and instructions that are reasonably necessary to enable us to provide the Membership Services, as requested by us from time to time, and will comply with these requests in a timely manner;
(4) you will at all times comply with the rules of conduct set out in clause 5;
(5) any information you provide to us is true, correct and complete;
(6) you have no physical or medical conditions that prevent you from participating in the Membership Services or if you have any physical or medical conditions, you have received consent from a medical professional to participate in the Membership Services;
(7) you will follow our reasonable instructions;
(8) you will inform us if you have reasonable concerns relating to our provision of the Membership Services under these Terms, with the aim that the parties will use all reasonable efforts to resolve your concerns; and
(9) you are responsible for obtaining any consents, licences and permissions from other parties (such as medical practitioners) necessary for the Membership Services to be provided to you, at your cost, and for providing us with the necessary consents, licences and permissions which we may require; and
(10) you will not use the Membership 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 Personnel.
- Our pricing schedule, payment terms and payment methods, as set out on our Platforms or otherwise communicated to you (Payment Terms), may be amended, from to time, at our discretion. You agree to pay us the Membership Joining Fee, the Fees, and any other amounts payable to us under these Terms, in accordance with the Payment Terms.
- You must provide us with all information which we may require in order to set up direct debit payments, including signing any direct debit agreement or authorisation form which we or our biller may require.
- Without limiting any other provision of these Terms, we may increase the Fees after the expiry of one year of Membership (and each subsequent 1-year period). We will provide you with at least 4 weeks’ notice prior to any increase in Fees. If we increase the Fees, you may, within the 4 week period, provide us with written notice to terminate your Membership.
- If any payment has not been made by the due date set out in the Payment Terms, we may charge you interest for any unpaid amount, at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 8% per annum, calculated daily and compounding monthly.
- If we are not able to be successfully process your direct debit payment, then an administration fee is payable on each occasion we are unable to direct debit your nominated account.
- If any payment has not been made within 5 Business Days by the due date set out in the Payment Terms, we may (at our absolute discretion) immediately cease providing the Membership Services or restrict your access to the Premises.
- We reserve the right to engage debt collection services for the collection of unpaid and undisputed debt, and the right to commence legal proceedings for any outstanding amounts owed to us.
8 Australian Consumer Law
- Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of the Membership Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
- Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our liability for the Membership Services is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
Despite anything to the contrary, to the maximum extent permitted by law:
- you warrant that you have not relied upon any warranty, representation, statement, offer or documentation made or provided by or on behalf of us;
- you agree that these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms;
- our maximum aggregate Liability arising from or in connection with these Terms is limited to us re-supplying the Membership Services to you, or, at our option, refunding to you the amount you have paid us for the Membership Services to which your claim relate;
- we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with:
(1) any event or circumstance beyond our reasonable control;
(2) the provision of the Membership Services or Additional Services and your participation in any Membership Services or Additional Services;
(3) any loss, theft or damage to your property (including personal items);
(4) any acts or omissions of you or any third party, including any third party that you allow onto the Premises or to use any part of the Membership Services and/or any other member or user of the Premises; and/or
(5) defect, error, omission or lack of suitability or benefit (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Membership Services or Additional Services; and
- you hereby indemnify, forever discharge and voluntarily release us (and our Personnel) and any person or body directly or indirectly associated with us, against any and all loss, cost, damage, expense, Liability (including Liability for negligence and the negligence of others) claims, demands and proceedings of any kind arising from or connected with these Terms, your participation in the Membership Services or attendance at or use of the Premises, whether those claims were known, or capable of being known, at the date of these Terms.
- Your Membership will begin on the Start Date and continue until the End Date.
- Your Membership is subject to a 48 hour cooling-off period which commences on the Start Date and ends at 5.00pm on the day which is 48 hours after the Start Date, during which either party can terminate your Membership by giving notice in writing (including by email).
- If your Membership is terminated within the cooling-off period in accordance with clause 10(b):
(1) both parties will be discharged from any obligations and/or Liabilities under these Terms; and
(2) you will be entitled to a refund of the Membership Joining Fee and/or any Fees paid by you, however, we may deduct the cost of any Membership Services which you used during the cooling-off period and may include an administration fee.
- Upon expiry of the cooling-off period you may terminate your Membership at any time by giving us 30 days’ notice in writing (including by email).
- Subject to clause 10(f), if you terminate your Membership during the Minimum Term, you must pay to us the remaining Fees for the Minimum Term.
- We may, in our absolute discretion, waive the remaining Fees due and owing to us during the Minimum Term, subject to you paying a cancellation fee, in circumstances where you succumb to a recognised medical condition or injury that prohibits you from participating in the Membership Services (and you provide sufficient evidence of the same to our reasonable satisfaction).
- If applicable, if you do not terminate these Terms upon expiry of the Minimum Term or at the end of your Membership, your Membership will continue on a month-to-month basis on the terms of these Terms until terminated in accordance with this clause 10.
- We may terminate these Terms, immediately, at our sole discretion, if:
(1) you breach these Terms in any way;
(2) you act in a manner that is dangerous to or disruptive of other members or Personnel;
(3) you misuse the Membership Services;
(4) we consider that our working relationship has broken down including a loss of confidence and trust;
(5) for any other reason outside our control which has the effect of compromising our ability to provide the Membership Services within the required timeframe; and
(6) you breach any terms and conditions set out on any direct debit request or authorisation form.
- On termination of these Terms, you must immediately return to us all property, including Confidential Information, belonging to us or our Personnel or Partner Network.
- Except for our breach or termination during the cooling-off period, on termination of these Terms you agree that the Membership Joining Fee is not refundable to you.
- Termination of these Terms will not affect any rights or liabilities which a party has accrued under it.
- We may, in our absolute discretion, allow a suspension of your Membership. All suspension requests must be in writing two weeks prior to the said date.
- If you have any feedback or questions about the Membership Services, please contact us.
- If there is a dispute or you have a complaint in relation to these Terms, your Membership or the Membership Services, you must tell us in writing the nature of the your complaint and/or dispute, what outcome you want and what action you think will settle the dispute (Complaint Notice). Within 7 days of receiving your Complaint Notice, we will contact you to seek to resolve your complaint.
- Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
- Images: We may take photos, films, videos or audio recordings of members, the Premises or the Membership Facilities for promotional purposes. By signing these Terms you agree to allow your image or recording to be used by us for any legitimate purpose and you assign your right in any of these materials to us.
- Confidentiality: You will keep confidential, and not use or permit any unauthorised use of, any Confidential Information without our prior written consent, except where the disclosure is required by law.
- Notices: Any notice given under these Terms must be in writing addressed to the relevant address in the Specifics. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
- Assignment: You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our consent. We may assign or transfer our rights or obligations under these Terms without your consent.
- Relationship of Parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.
- Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
- Entire agreement: These Terms contain the entire understanding and agreement between the parties in respect of its subject matter.
- Amendment: These Terms may only be amended by written instrument executed by all parties.
- Survival: Clauses 7, 9 and 12 survive termination of these Terms.
- Governing law: These Terms will be governed by and construed in accordance with the laws for the time being in force in the State of Western Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts of Western Australia.
- Waiver: No waiver by either Party of any provision of these Terms will amount to a waiver of any other provision of these Terms unless made in writing and signed by the party against whom the waiver would have been enforced.
Torquay Health Collective Pty Ltd (ACN 621 846 080) ATF Torquay Health Collective Trust t/a 4Lane
28 Faure Lane, Dunsborough Western Australia 6281
Email: [email protected]
Phone: 0438 117 272
Last update: 29 May 2018
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