In this agreement the following terms apply:
Agreement means the membership agreement made between you and No Limits Health Clubs.
No Limits Health Clubs means the No Limits 24/7 gymnasium where you applied for your membership as a described in the Agreement.
No Limits means the owner operating the Club pursuant to ownership agreements with No Limits Health Clubs Pty Ltd and include heirs, estates, agents, representatives, officers, directors, shareholders, successors, affiliates, subsidiaries and employees.
You means the person described in this agreement who is applying for a No Limits membership.
Nature of Membership: Your membership permits you to use No Limits premises, facilities, equipment and services (Facilities) as shown and limited by the membership identified. Your membership is non–transferable by you unless deemed appropriate by No Limits management. No Limits reserves the rights to sell memberships at different rates and terms.
All Club Privileges: Your membership entitles you to utilize any No Limits facility across Australia. Membership suspension: No Limits will only suspend your membership if you qualify under the membership suspension policy set out by the club. To be eligible for a membership suspension you must be in good standing with all processing and enrolment fees paid and you must be current on your monthly fees.
Membership Transfer – A member is able to transfer their membership to a non-member. A $35 transfer fee is payable by the incoming member on transfer of the membership.
Membership Transfers – Direct Debit Members who pay fortnightly by Direct Debit may transfer between No Limits clubs subject to the following conditions:
(a) Membership at the existing club has been for a period of at least 3 months.
(b) Direct Debit Membership is not in arrears for any fees or services.
You agree to pay the fees as set out in this agreement and agree to be bound by the direct debit terms and conditions as described in this agreement.
A Member is subject to a $10.00 administration fee in the even that a fortnightly Direct Debit membership payment is dishonoured by their financial institution.
MEMBERSHIP FEE INCREASE
No Limits reserves the right, at any time, to change the fees charged to members for use of the facilities. No Limits agrees to use reasonable endeavours to provide you with written notice of the changes at the most current email address or postal address you have supplied. The changes will take effect 14 days after the notice has been received by you. At the end of the 14 day period, you authorise No Limits and/ or direct debit company to debit the new amount to your account.
Australian Banking regulations require Debitsuccess as the initiator of the direct debits on your account to provide 14 days notice of a change in the amount to be debited.
CANCELLATION, TERMINATION AND REFUND.
48 hour cooling off period: You can cancel your membership within 48 hours after signing this agreement by advising the Club Manager in writing. If you do, No Limits will refund all money you paid within 10 days of when No Limits receives notice. An administration fee of 10% of fees paid is payable by you to exercise your right to the 48 hour cooling off period.
Basic cancellation rights and refund: You may cancel your membership and receive a refund of any unused prepaid fees if you qualify as follows:
(a) Permanent sickness or physical incapacity: Your disability must physically prevent you from using any of the facilities and a licensed physician must verify this fact in writing. In case of death, your estate must provide written evidence. In either case, No Limits will refund any unused prepaid monthly fees.
(b) Termination of membership: If you have a membership you may terminate it at any time upon (i) written notice to No Limits; Your membership ends 30 days following the day No Limits receives written notice, provided the minimum term of contract has been met. If the minimum term of contract has not been met your membership ends 30 days after the last day of the minimum term of contract.
(d) The minimum term of contract for the Join in October and pay nothing until November promotion is 3 months starting from 01/11/2013.
(d) Termination of prepaid membership: If you have a prepaid membership, you may not terminate it during the prepaid period and be entitled to a refund, except for the reasons stated in section 4 (a) and 4 (b). If you do not renew your prepaid membership by the renewal date, your prepaid membership automatically expires.
(e) Termination for reason by No Limits: No Limits may, at its option, terminate your membership if (i) You fail to make timely payments under any payment plan: (ii) Any payments or fees are late; (iii) You fail to follow any of No Limits membership policies or club rules or violate any part of this agreement; or (iv) Your conduct is improper or harmful to No Limits or its members. Termination is effective on the date No Limits emails/mails a written notice to your last known address. You are liable for all financial obligations until that date. If you prepaid your fees, No Limits will not refund any unused portion.
(f) Effect of termination & financial obligation: Upon cancellation or termination, your right to use the facilities ends and No Limits can deny you access to any No Limits club. Any money owning to No Limits when your membership ends, remains immediately due and payable and No Limits will deduct the amount outstanding from any refund for which you are eligible. If there is not enough money to cover the debt in the refund, you must pay the balance.
All membership holders at No Limits Health Clubs must be a minimum of 14 years of age. All minors under the age of 18 must have parent or guardian co-sign the membership agreement form and acknowledge of indemnity waiver.
Minors aged between 14-16 must comply with the following restrictions
(a) Access during staffed hours only
(b) A pre exercise questionnaire to be completed by parent or guardian
(c) A suitable qualified Gym Instructor (Cert 3 minimum) to undertake a pre exercise assessment and then provide an exercise program for the minor prior to commencement of exercise.
No Limits only grants members 24/7 access to its facilities. Any member who brings a non-member into the club during unstaffed hours acknowledges that:
1. They accept responsibility and liability on their personal behalf for any injury, loss or damage attributed to the non-member whether or not caused through negligence of No Limits.
2. A $150 non-compliance fee will be charged to the member’s nominated bank account.
No Limits operates on a 24/7 basis and is accessible by members during unstaffed hours. As a member utilizing the facilities you acknowledge that you enter and use the facilities at your own risk. If you feel there is a risk to your personal property, health and safety or you have any other concerns regarding the undue effect of exercising in an unstaffed facility then DO NOT sign this agreement.
The staffed hours for the club are displayed at the entrance of the club. No Limits reserves the right to make amendments to staffed hours at any time without notice.
For security purposes, No Limits uses video surveillance equipment to monitor the Club on a 24 hour basis. By signing this agreement you acknowledge that by accessing the facility you will be subject to video surveillance and recording. Video surveillance is limited to the floor area only and is not within the walls of the bathrooms or client screening rooms.
It is a condition of this agreement that you participate in a scheduled member orientation program. The orientation focuses on the safe and correct use of the equipment provided at the Club. No Limits may suspend or terminate this agreement in the event of unsatisfactory completion of the Club orientation prior to the commencement of exercise.
MEMBER LIABILITY RELEASE (VIC ONLY) – WARNING UNDER THE FAIR TRADING ACT 1999
Under the provisions of the Fair Trading Act 1999 (Vic) several conditions are implied into contracts for the supply of certain goods and services. These conditions means that the supplier named on this form is required to ensure that the recreational services it supplies to you are:
· Rendered with due care and skill.
· As fit for the purpose for which they are commonly bought as it is reasonable to expect in the circumstances.
· Reasonably fit for any particular purpose or might reasonably be expected to achieve any result you may have made known to the supplier.
Under section 32N of the Fair Trading Act 1999, the supplier is entitled to ask you to agree that these conditions do not apply to you. If you sign this form, you will be agreeing that you waive your rights to sue the supplier under the Fair Trading Act 1999 if you were killed or injured because the services were not rendered with due care and skill or they were not reasonably for the purpose.
The changes to your rights, as set out in this form, does not apply if your death or injury is due gross negligence on the supplier’s part, "Gross negligence" is defined in the Fair Trading (Recreational Services) Regulations 2004.
You use the Facilities provided by No Limits at the Club at your own risk and acknowledge that the use of the facility may involve risk of injury, whether caused by you or another party. You release, to the fullest extent permitted by law, No Limits against and from all expenses, costs, liabilities, claims, actions, proceedings, damages, judgments and losses of any kind whatsoever arising out of, caused by, attributable to or resulting from any accident, damage, loss, damage to property, injury or death to any person.
You indemnify No Limits against and from all expenses, damages, costs, liabilities, claims, actions, proceeding, judgments and losses of any kind whatsoever that No Limits incurs arising out of, caused by, attributable to or resulting from any accident, damage, loss, damage to property, injury or death to any person caused by you at or in the Clubs or in the vicinity of the Club.
You understand and acknowledge that No Limits purchases or leases the equipment from a third party and therefore does not manufacture any of the fitness or other equipment in the Club. You understand and acknowledge that No Limits is providing recreational services and may not be held liable for defective products or equipment.
PHYSICAL CONDITION AND NO MEDICAL ADVICE
You represent that you are in good physical condition and have no medical reason or impairment that might prevent you from using the equipment at the Club. You acknowledge that No Limits did not give you medical advice before you used the equipment, and cannot give you any medical advice after you use the equipment. If you have any health or medical concerns now or after you join as a member of the Club, you must discuss them with your doctor before using the equipment.
LIABILITY FOR PROPERTY
No Limits is not liable to you for any personal property that is damaged, lost, or stolen while in or around the club including, but not limited to, a vehicle or its contents or any property left in an open locker. If you cause damage to the club or any equipment you are liable to No Limits for its cost of repair or replace.
CHANGE OF DETAILS
You must provide us with any changes to your details which are relevant to your membership.
ENTIRE AGREEMENT AND ENFORCEMENT
You acknowledge that neither No Limits nor any other party has made any representations or promises upon which you have relied when entering this agreement. This document contains the entire agreement between you and No Limits and replaces any oral or other written agreement. Any manual or hand written adjustments to this agreement are not valid. If a court declares any part of this agreement invalid, it will not invalidate the remaining parts, which continue unaffected. If No Limits does not enforce any rights in this agreement for any reason, No Limits does not waive its right to enforce it later.