Achilles Training     ABN: 47 387 509 960

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Email: achillestraining@outlook.com  |   Ph: 0400 742 770

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This is a membership agreement, under which you agree to become a member of Achilles Training.

When you purchase a membership plan, you are entering into a legally binding agreement.

 

This agreement (your membership) is made up of the terms contained in this agreement including the

membership details below plus any special conditions and the attached terms and conditions.

 

In purchasing a membership through the website (achillestraining.au) you are agreeing to payment amount, frequency

and total term of payments/membership. Any changes to credit card details are your responsibility to

change via the website. If required changes are not made by you this does not absolve you of the required payments and any

fee’s accrued due to failure to inform Achilles Training of payment detail changes.

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This form sets out your rights to use our exercise facilities and services, and the obligations you

have to comply with as a member. Your responsibilities under this agreement, including

payment of membership fees, do not depend on how often you use the facilities and services.

You promise to tell us if at any time you believe you may not be able to comply with your

obligations under this agreement including the payment of fee’s, so we can discuss options.

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What is set out in this agreement overrides any statements made by you or us before you confirmed

the agreement. Accordingly, you should now read through this entire agreement carefully to make sure

that it fully reflects your expectations and ask us or seek advice if you are unsure whether any

particular statements that you have relied on are part of this agreement.

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Your membership is for a minimum 12 month term. The agreement can be renewed after the minimum

term expires.

 

If you terminate the agreement or stop the automatic payment arrangement in a manner not described in the

agreement, then you may be liable for damages for breach of contract.

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This agreement is subject to a 2 day cooling off period (Must be notified in writing).

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Your membership entitles you to access one or more premises of the health and fitness business

including all area’s such as exercise area’s and bathroom/toilets (and any car parks available) as well as

equipment and weights and any classes that you can use according to your membership.

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Associated fees:

• Joining fees: $2.20 (Admin Fee)

• Cancellation Fee: Total remaining value of contract (unless minimum term has passed and no additional fees are owing on account, leaving nil owing). Specified in clause 9.3.

• Fitness Assessment N/A

• Exercise Consultation N/A

• Guest Pass $10 per visit

• Suspension Fees $5 per week or part of a week suspension

• Transfer Fees $30

• Other Fees $9.90 dishonour fee after two failed

• Membership Fees $21 per week for 12 months minimum or $1092 if paid in full upfront.

• Class fee’s Varying class to class.

 

Payment of membership fees is through website Stripe payment system at https://www.achillestraining.au

 

AGREEMENT

In agreeing to these terms and conditions and purchasing membership plan through the website, I agree that:

I have read through this agreement in full before signing.

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By purchasing here, I/we agree to be bound by the terms of this membership agreement:

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Terms and Conditions

1. Plain terms

These terms use plain language, so we want to make sure that some of the words and concepts used are easily understood. For instance, we have included clause headings as a guide but these do not form part of this agreement. Certain recurring words are defined in the details and elsewhere in this agreement and other forms of those words have equivalent

meaning.

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2. Cooling off

If you change your mind shortly after applying for membership, you may have an opportunity to cancel. You will need to let us know in writing within the time specified in the agreement for it to be effective. We will charge the joining fee and fair amounts for fitness services we have already provided, but will otherwise refund you have paid to us within 2 days (bank processing times

may delay process). If you wish to end your membership otherwise, different terms as set out in the Terms.

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If we make a mistake in completing any details on your membership form, we can fix the mistake within 7 days after the date of your membership form. We will contact you advising that this has been done. If we reasonably believe that the subject matter of the mistake was not clearly discussed with you at the time you signed the membership form, we will reinstate any

applicable cooling off period.

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3. Responsibility for members under 18

This section applies where the member is under 18. By signing on behalf of a child, the parent or guardian agrees to be responsible for ensuring the child exercises safely, pays their membership fees and otherwise follows these Terms.

 

The parent or guardian who signs this form also agrees to hold the health and fitness business harmless in respect of any claim made by or on behalf of the child against the health and fitness business to the extent that any such claim would have been excluded under this agreement, had the child been an adult and signed this agreement on his or her own behalf.

 

4. Safety First!

The health and safety of members is important to us. This clause sets out some of the things we

require of you to help achieve that objective.

 

4.1. Your physical condition

(a) A safe and effective exercise program is dependent upon accurate health and fitness profiling. It is therefore essential that you tell us in writing all relevant personal health and fitness information both before (through our pre-exercise health questionnaire or otherwise) and during the course of any exercise program or other activity.

 

(b) You promise that information you disclose to use will be true and accurate and not misleading in any way. You must not attend and use the facilities whilst you are suffering from any illness, disease, injury or any other condition that could

present a risk to the health and safety of other members and guests or yourself.

 

(c) If you happen to use the facilities and services before disclosing the relevant health information to us, you promise that you are in good physical condition and you do not know of any reason why you may not be able to exercise safely. If you feel unsure that you can make this promise, we ask that you do not use the facilities and services until we have completed your health and fitness profile.

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4.2 Proper use of equipment

We will provide you with the opportunity to book an instructional consultation with a staff member before using the facilities and services. In any case, you promise to take care when using the facilities and services and make sure that you use the facilities and services including equipment, appropriately and safely. If you are ever not sure how to operate any equipment properly, please ask staff member before you use it.

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4.3 Rules of good behaviour

We display rules that apply to everyone using the facilities and services in order to promote health and safety and protection of property (our Rules).Please make sure to read our Rules carefully and ask us if there is anything you are not sure about. Rules may also be displayed on website or with additional signage.

 

We may occasionally update our Rules to further promote health and safety or to make other improvements. We will seek to tell you of any changes as set out below, though we expect you to keep familiar with the current version of or Rules by reading our website and signage on a regular basis.

 

If you break our Rules, the response we take will be at our reasonable choosing and we will try to exercise this right fairly by giving you a warning if we consider the failing is les serious. In this regard however you acknowledge that health and safety of all users and protection of property is very important. Accordingly, if we reasonably consider the failure to follow our Rules is serious or persistent we may suspend or even cancel your membership with immediate effect.

 

4.4. We can refuse you entry

We can refuse you entry to the facilities and services or cancel your membership immediately if you behave in a way that is seriously risky or inappropriate, such as if you threaten or harass others, deliberately or recklessly damage equipment or facilities or if you use or distribute illegal or performance enhancing drugs.

 

4.5. Please follow our directions

You agree to follow any reasonable direction of a member of our staff relating to health and safety or any other matter.

 

5. We take your privacy seriously

5.1. Our privacy policy

From when you apply for membership, we will have access to personal information about you, such as information relating to your health and finances. We will protect this information and only use, disclose or deal with this information in accordance with our Privacy Policy.

 

5.2. Video Monitoring

We may use video monitoring in our facilities for health, safety and security reasons. If you have any queries relating to the use of monitors operating in and around our facilities please contact us.

 

5.3. Please keep your contact details up to date

You promise to tell us promptly if you change address, phone number, email, bank account, credit card information for payment or if there is any change to any other personal information relevant to your membership with us. This includes any matters that affect the health or safety of you or others.

 

6. What you get when you join

From the start date you are entitled to the membership benefits and use of the facilities and services that apply to the membership type you selected.

 

7. When can you put your membership on hold?

You may temporarily suspend your membership for travel or medical reasons if all the amounts payable for your membership are up to date and no outstanding fees are owed e.g dishonour fee’s. You will need to produce satisfactory supporting documentation when you apply for a suspension. You must apply for a suspension as soon as possible after you become aware of the relevant circumstances. We are entitled to charge you the suspension fee for processing your application. In any 12 month period, we are not obliged to suspend your membership on more than two occasions or for more than three months in total. While your membership is suspended, the term will be extended and we will freeze any direct payments that fall within the

suspension period.

 

8. Ending your membership

For the purposes of any requirements in this agreement to tell us in writing or give us written notice, we will accept notification by email or post.

 

8.1. On or after the expiry of your Minimum Term

Where neither you nor we terminate this agreement, any unpaid fee’s will need to be paid by you and in addition to our other rights we have including our taking action to recover outstanding payments.

 

8.2. Other ways you can end your membership

You can also cancel your membership where:

(When no cancellation fee will apply)

- We don’t keep our end of the deal (please see paragraph (a) below)

- You become subject to medical incapacity (please see paragraph (b) below)

- We make changes to this agreement that adversely effect you (please see clause 12) or

- You otherwise become entitled to do so under consumer legislation:

 

(When a cancellation fee may apply)

- You relocate or wish to cancel for any other reason (please see paragraph (c) below).

 

(a) If we don’t keep our end of the deal

(i) You can cancel your membership by written notice to us if we breach any of our obligations under this agreement and we have not remedied this breach within a reasonable time after you have given us a written request that we do so.

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(ii) No fee’s will apply for cancelling in accordance with this clause apart from, to the extent not impacted by our breach, membership fee’s for the time you have(b) (i) (ii) been a member calculated on a pro-rata basis and any outstanding fee’s for

other services already supplied by you.

 

You can cancel for medical reasons

You can end your membership by telling us in writing if you cannot exercise for the remainder of the minimum term due to an illness or a physical incapacity and you produce supporting documentation to our reasonable satisfaction.

In that event, you will only be charged the joining fee, membership fees for the time you have been a member calculated on a prorate basis and any outstanding fees for other services already supplied to you.

 

( c ) If your membership is no longer convenient

(i) Otherwise, you can end your membership during the minimum term with immediate effect at any time by simply telling us in writing. We understand that circumstances change and so you do not need to give any reason.

 

(ii) Please note we will consider any request to transfer your membership and may agree to the transfer at our reasonable choosing subject to satisfaction of reasonable eligibility conditions and your payment of the transfer fee. We will never

charge you a cancellation fee if we agree to a transfer to someone who is not currently a member and they have paid our standard joining fee.

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(iii) In any case if your membership ends under the paragraph ( c ), you will be liable for the joining fee, memberships fees for the time you were a member, any outstanding fees for other services you already supplied to you and, except as mentioned above, the cancellation fee. Cancellation fee is the total amount ($) remaining of the minimum term at time of cancellation.

 

8.3. (a) When can we end your membership?

In addition to our other rights under this agreement, we can terminate your membership by written notice to you if you fail to act in accordance with any obligation under this agreement and if capable of remedy you do not remedy the failure within a reasonable time of us giving you written notice requiring you to do so. However, we will not seek to end your membership in this way if you have failed to make a payment and we are also in breach of a material condition of this agreement. If we cancel this agreement under this paragraph you will be liable for the joining fee, membership fees for the time you were a member, the cancellation fee (monetary total of minimum term left) and any other fees payable for further fitness services already supplied.

 

(b) On rare occasions we may cancel a membership by written notice to the member without the need to give a reason. If we cancel your membership under this paragraph you will only be liable for the membership fees for the time you were a member and any other fees for fitness services already provided. No cancellation fee will apply.

 

(c) You promise that you are not insolvent at the time of signing and that you will tell us promptly if you believe you will be insolvent and unable to pay your membership fees for an extended period of time. If we become aware of these circumstances we may end your membership.

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9. Fees you have to pay for your membership

The fees you have to pay are specified in the details. This clause 9 sets out some further rights and obligations that apply in relation to particular fees. If you fail to make any payment whendue, we can suspend your membership and refuse you access to the facilities and services until all outstanding amounts have been paid in addition to our other rights under these terms. Fees

and charges continue to accrue during the suspension.

 

9.1. Joining Fee

We may charge you a joining fee to cover the set up costs for a new membership. The joining fee is non refundable.

 

9.2. Membership fee’s

12 month minimum membership - $21 per week

 

9.3. Cancellation Fees – Total value ($) of remainder of minimum term (any portion of term already paid will be subtracted from to calculate remainder owing) + any other accrued fees

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9.4. Fee increases

We will not increase the membership fees during the Minimum Term (In the event of membership deals, any variance and changes over the term will be discussed and agreed upon at time of signing. Refer to direct debit form to see if this applies). However, we may increase your membership fees or any other fees with effect any time after that. We will make a fair effort

to tell you at least 60 days before by writing to by email, post or text.

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Where we have done so, you authorise us to increase any debits from your nominated account in line with this increase.

We will not use this right to vary the terms of any special offer which applies to you.

 

9.5. Refunds and the Credit Code

We are entitled to deduct all fees and charges that you must pay under this agreement from any refund we give you. The National Credit Code does not apply to this agreement.

 

10. Issues with outside providers

(a) We will seek to make sure those franchisees, contractors and authorised persons who provide services at the facilities (outside providers) are appropriately qualified before granting them access. Examples of outside providers include such as coaches, physiotherapists, masseurs and personal trainers who may offer additional services from the facilities that are not included with your Membership Type. Please note that outside providers are neither employed by us nor are they our agents, even if they happen to be wearing clothes displaying our name and logo. You will know that they are outside providers because they will require payment of their fee direct from you when you engage them.

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(b) This is important because we are not liable for any injury, loss or other claims arising from breach of contract, negligence or otherwise that are suffered by you in connection with any outside provider services, other than to the extent caused by our negligence. In addition, you release us and hold us harmless in relation to any such claims.

 

(c) We have no responsibility in respect of the fees that you must pay directly to outside providers nor for any associated costs or refunds. However, please advice us if you have a problem with an outside provider and we will try to help if we can. Nothing in this clause limits our liability for the actions of our employees or agents.

 

11. Other services

There my be other services offered at the facilities that do not from part of your Membership Type but are available for you to purchase separately. These are not part of the services provided under your membership and you will be advised at the time if any additional terms apply to these services.

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12. Changes to your membership agreement

(a) We may need to make changes to this agreement including our Rules during your membership. However, we will always try to do this in a way that is fair by giving you an opportunity to cancel your membership if you do not agree to the change as described in the clause below.

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(b) We will tell you in writing of the proposed change in advance and tell you the date that it will come into effect. This effective date will be at least 30 days form the date of our notification unless it is impractical for us to do so. Your membership will be amended with effect from the effective date. If however, you are adversely affected by the change, you may cancel your membership without payment of a cancellation fee by telling us in writing before that date. Please note you cannot cancel under this clause if we are required to make the change in order to comply with a law or any direction of a

competent authority.

 

13. Our liability to you

13.1. Statutory guarantees

(a) ACL: The Australian Consumer Law (ACL) contained in the Competition and Consumer Act 2010 (Ch) (CCA) provides certain guarantees in sections 60 to 62 (statutory guarantees) which generally require that services supplied to you:

• Are rendered with due care and skill,

• Are reasonably fir for any purpose which you, either expressly or by implication, make known to the supplier and might reasonably be expected to achieve any result you have made known to the supplier and,

• Are supplied within a reasonable time (when no time is set).

 

(b) Permitted exclusion: However, the CCA permits a supplier of recreational services to ask you to accept some limitations on those statutory guarantees. Accordingly, to the extent permitted by section 139A of the CCA, you acknowledge and agree that we exclude all liability to you for death or injury resulting from a failure by us to comply with

any statutory guarantee.

In the previous sentence, injury means:

• Physical or mental injury (including the aggravation, acceleration or recurrence of such an injury):

• The contraction, aggravation or acceleration of a disease; or

• The coming into existence, the aggravation, acceleration or recurrence of any condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to you that is or may be harmful or disadvantageous to you or the community, or that may result in harm or disadvantage to you or the community.

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(c ) Reckless conduct: This exclusion of liability does not apply if you have suffered any significant personal injury that is caused by our reckless conduct (within the meaning given to those terms by the CCA).

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13.2. General exclusions

(a) Please note that nothing in this agreement excludes, restricts or modifies any term, condition, warranty, guarantee, right or remedy (including under a statutory guarantee) which cannot lawfully be excluded, restricted or modified.

(b) Otherwise, and except as expressly included in this agreement, all implied terms, conditions, warranties, rights or other additional obligations that can be lawfully excluded from this agreement. In particular, but subject to the preceding paragraph, we are not liable for:

• Negligence; or

• Breach of terms implied that services will be provided with reasonable care and skill, at common law that in either case results in your death or injury (as defined in paragraph (a) above) in connection with or under this agreement, but to avoid doubt we do not exclude liability for our reckless conduct.

 

13.3. Loss of property

(a) You promise that you will not unnecessarily bring valuables in to the facilities and that if lockers are available you will use the lockers to store any valuable property that you bring with you. If we provide secure storage lockers, then tis is part of our service to you. However, we are not responsible if someone breaks into your locker and takes your property, other than to the extent we have not complied with our obligations in respect of this service under a statutory guarantee.

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(b) Other than described above, maintaining the security of unattended property is the facility is not part of the service we provide under this agreement. Accordingly, if you choose not to use locker to securely store your property and leave it unattended in the facilities, we will not be responsible for any loss or damage to your property that occurs.

 

14. Your responsibility for damage

You agree to pay for any damage to the facilities caused by you or your guests through a willful act or negligence.

 

15. When you pay by direct debit

15.1 Authorisation to deduct fees

By nominating a credit or debit account, you are authorising us to deduct from that account all fees and other charges for which you may be responsible under this agreement. Accordingly, it is essential that you keep your account details up to date.

 

15.2. If your payment is late or rejected

(a) you are responsible for making sure that there is enough money in your nominated account on the usual payment day or the next working day if that falls on a day when banks do not process payments.

 

(b) Any bank fees charged to us because of a rejected when we attempt to collect payments from you may be charged directly to you by us (or by the Direct Debit Provider).If a payment remains outstanding, you agree that, unless we are in breach of our obligations under these terms, we (or the direct debit provider) may continue to debit the nominated account for the total amount due without notice to you. If the amount owing is more than one periodic membership fee we will seek to contact you first.

 

15.3. Direct Debits

(a) If you choose to pay fees by direct debit, then this will be through the Direct Debit Provider named in the details. The Direct Debit Provider me be us (if we are authorised) or a third party provider who is not a party to this agreement and whose only role is to provide direct debit services.

(b) We will provide you with a copy of the terms and conditions that apply to the direct debit services. Those terms and conditions are entirely separate to this agreement and you may have right and obligations under those terms and conditions. As such, the Direct Debit Provider acting in its capacity as such has no liability to you in connection with your involvement in

exercise activities under this agreement.

(c ) You may at any time contact the Direct Debit Provider if you have any queries or to verify your direct debit authorization details.

 

16. General terms

16.1. Unexpected events

We are not liable if you cannot use your membership due to anything beyond our reasonable control. If that failure or delay continues for more than 30 days, then either you or we can cancel this agreement with immediate effect by telling the other in writing. Depending on circumstances there may still be applicable fees and/or payment due. We are entitled to make

part or all of the facilities unavailable to undertake maintenance, repairs or improvements. In the event the whole facility is made unavailable, we will extend your membership by the time you are unable to use the facilities.

 

16.2. Our logo and intellectual property

No rights in relation to our logo, trademarks or any other intellectual property rights associated with our business, techniques, exercise programs or classes are granted to you under this agreement, except that any exercise program created for you may be used while you are a member for the purpose of your exercise activities.

 

16.3. Transferring this agreement

We can transfer the rights or benefit under this agreement or sub-contract our obligations under this agreement to a third party at any time without notice to you but in doing so we will make sure that the transferee agrees to honour the terms of your membership.

 

16.4. Severability and waiver

If a court finds that any part of any term of this agreement is or becomes illegal, void or unenforceable, that part is deleted and this does not invalidate the rest of this agreement. If we do not enforce our rights under this agreement at any time, it does not mean that we may not do so on future occasions.

 

16.5. Applicable law

The law of the State/Territory specified in the details applies to this agreement.