CLOUD 9 WOMEN’S FITNESS STUDIO MEMBERSHIP TERMS AND CONDITIONS

BECOMING A MEMBER

1. Your membership at Cloud 9 Fitness Studio is conditional upon your agreeing to the following Terms & Conditions.
2. By completing the Membership Application, you agree to be bound by the Terms & Conditions set out on your membership.
3. Members must be at least 16 years old.

If you are under 18, a parent or guardian must complete your Membership Application and Direct Debit Authority (where applicable).

4. If we do not enforce our contract rights at any time, it does not mean we have waived those rights, no matter how long we wait.  If there is a miscalculation on your membership application and contract, we can correct it during the first 5 days after the contract is signed.
5. If the terms and conditions set out on this document differ from anything you are told at the club or over the phone, the terms on this document will apply unless written confirmation is received from a Cloud 9 Fitness Studio Manager.
6. If anything in this agreement is unenforceable, illegal or void then it is severed, and the rest of the agreement remains in force.

CHANGING OUR MEMBERSHIP TERMS, FEES AND OTHER MEMBERSHIP CONDITIONS

7. We may sometimes add to, change or remove terms and conditions, club rules and other membership conditions. This includes, but is not limited to, changing our opening and closing hours, its services and facilities and membership fees.

We will give you notice of any such changes by:

Placing them in the club, or

Contacting you by phone, or

Writing to the e-mail or postal address you last gave us

8. We reserve the right to increase your fees at any time after the minimum period of your contract has ended.

We will make reasonable effort to inform you at least 30 days beforehand in writing to the address you last gave us. We will consider that you will receive our letter on the second business day after it is posted. After this notice your membership fee will change.

10. All contract fees include goods and services tax (GST). Your fees will change in line with any government GST rate changes, even if you are in your minimum term.

 

CANCELLING YOUR CONTRACT

11. You can cancel your contract during your cooling-off period.  This lasts for 48 hours from the date we both sign the contract or, with a new club, from its grand opening date.

To cancel your membership within the cooling off period, simply tell us in writing, on the cancellation form provided by us and forfeit your sign-up costs.

12. If you cancel your contract after this cooling-off period, you may have to pay us fees, depending on why you end the contract.
13. If the membership has been paid in full, any unused portion of your membership will NOT be refunded for any given reason.
14.  You can cancel your membership during the minimum term if:

1. • You became sick or incapacitated. You must show us a certificate from a qualified medical practitioner stating that you cannot exercise for either 12 months or the remainder of your term, whichever is longer.
   • If the membership has been paid in full, any unused portion of your membership will NOT be refunded.
   • We make changes to the contract that adversely affects you.
   • You became bankrupt. If the membership has been paid in full, any unused portion of your membership will NOT be refunded.                              

15. If you wish to cancel for any other reason, you can do so by paying out the remainder of your 8 week contract. This is calculated by multiplying the weekly fee on your membership application and contract by the number of weeks left in your minimum term.
16. To cancel your membership when the minimum term has been fulfilled, simply give us 7 days’ notice in writing, on the cancellation form provided by us. Cancellation requests must be made via email to info@c9studio.com.au 

You cannot suspend your membership payments during the 1-week notice period.

When you cancel your membership, you must pay any fees owing on your membership, or we may take action to recover them.

PAYING FOR YOUR MEMBERSHIP

20. You pay for continuous membership in advance each week, by direct debit from a transaction account or credit card. Your payments are on-going until we receive written notice.  There is no option for payments to automatically cease. You always need to supply us with a cancellation notice in writing as per above Terms and Conditions
21. We will initiate periodic debit payments as described on your Direct Debit Request. If a payment day is a non-business day, we will debit your account on the next business day. You are responsible for making sure your account can accept direct debits (your financial institution can confirm this) and you have sufficient funds in your account on the payment day and the 5 days following.
22. If your scheduled direct debit payment is unsuccessful, such as where your account does not have enough money in it, we will try to our best ability to contact you. Your training may also be suspended for this time until funds are recovered.

If you do not pay us, for any given reason, we may debit the payment again, with any other fees you owe; the time of debit will be in the sole opinion of Cloud 9 Fitness Studio.

Debits that are rejected on consecutive occasions may be referred to a debt collection agency. We will also charge you any costs incurred by us for recovering any monies owing to us.

If in management’s sole opinion, unsuccessful payments or owing funds are at an amount seen as unreasonable or greater then excepted, you, the member, may no longer be entitled to the benefits of direct debit. The member may be required to pay the full amount of minimum term. This payment will need to be made within a period decided by Cloud 9 Fitness Studio Management.

23. You have to advise us if you are transferring or closing your account or about any changes to your credit card, such as expiry date or number. Any changes need to be communicated to us in writing within 14 days prior to the next payment day..
24. On-going memberships will continue in force until cancelled by you or us in accordance with these Terms & Conditions and, where an automatic debit arrangement is in place, fees will continue to be debited until the contract is cancelled by you in writing.

SUSPENDING YOUR MEMBERSHIP

26. You can suspend your membership in 1 week increments, up to a maximum of 4 weeks each calendar year. Each suspension period must start and end on a fee payment day, which is Monday.
27. We will charge you a $9 fee for each week you suspend your membership. The fee will be direct debited on normal payment day.

You cannot suspend your membership if you have paid upfront for a membership of 3 months or less.

You cannot suspend your membership if there are monies owing on your membership.

29. Suspension time will commence from the date of application, or a future date listed on the suspension application form and cannot be backdated for ANY reason.
30. Before you suspend your membership, you must:

1. • Tell us at least 7 days before the suspension period starts
   • Email the studio stating the week you will be away – info@c9studio.com.au 
   • Pay all fees owing and have your membership fees up to date

31. If you pay your membership fees by direct debit and you defer your membership, your billings will remain unchanged for the membership term, and any deferral time will be added on to the end of your membership.

If you have paid for your membership upfront, your membership term will be extended by the period of the deferral.

TRANSFERRING YOUR MEMBERSHIP

33. We do not accept transferring of memberships.

BEING A MEMBER

37.  You must inform us about anything that affects your membership, and any changes to your postal address, e-mail address, contact numbers and nominated account details.
38. You will be refused entry into the facility should payment of membership fees fall into arrears, until such time as arrears have been received. Additional charges may apply for late fees. Prolonged non-payment of fees will result in cancellation of membership and possible legal action to recover any outstanding balance.
39. If you believe there is a risk to your health from doing any fitness activities in the studio, you must tell us in writing, with full details. You must also tell us if your medical condition changes after you became a member.

40. Our trainers are first aid providers however, are not medically trained. They are not medically qualified to assess if you are in good physical condition and can exercise without damaging health, safety, comfort or physical condition. If in doubt, we strongly urge you to seek expert advice before starting any physical exercise program.
41. You are responsible for using our facilities and equipment correctly, under the instruction of a trainer, including adjusting levels of settings if required. If you are not sure how to operate any equipment, please ask your trainer before using it.
42. You are responsible for any damage to club facilities caused through a wilful act or negligence

Termination by Cloud 9 Fitness Studio

42. If you act unreasonably, or break these terms and conditions or club rules, we may warn you that you risk having your membership cancelled. If you continue to behave in the same way, we may cancel your membership.

We can cancel your membership without warning if you behave in a way that is inappropriate or in Cloud 9 Trainer’s sole opinion is a breach of your membership condition, such as, but not limited to:

Threatening or harassing other members and staff

Damaging equipment

Smoking, alcohol consumption and using illegal or performance-enhancing drugs within the boundaries of the facility at any time

43. If for any reason Cloud 9 Fitness Studio Management terminates your membership, no notice is required. Any paid in full fees or paid in advanced fees will not be refunded for any given reason.
44. You will not use the facilities:

While you are suffering from an infection, or

While you have a contagious illness, or

While you have a physical ailment, such as an open cut or sore, or

Where there is any risk, however small, to other members and guests

Where you are not in proper workout attire, i.e. open-toed shoes

DECLARATION AND WARNING – EXCLUSION OF LIABILITY

45. We take no responsibility for the loss or damage of your personal belongs other than loss or damage caused directly by wilful acts or omissions or negligence by us.
46. You acknowledge and understand that your participation in activities associated with your membership may involve a significant degree of physical exertion or physical risk, which may cause your death or personal injury.
47. By signing these Terms & Conditions and participating in the activities associated with the services provided under your membership you declare that you are not aware of any medical or physical condition, other than those listed on the Pre-Activity Questionnaire, which would lead you to believe that there is a risk to your health by participating in any of the activities offered in connection to your membership.
48. The operator of Cloud 9 Fitness Studio are recreational service providers for the purposes of the Trade Practices Act 1974 (Cth) and any other State or Territory Fair Trading legislation and as such are entitled to exclude, restrict or modify implied warranties that the services will be provided with due care and skill and that any materials supplied in connection with those services will be reasonably fit for the purpose for which they are supplied.
49. With reference to clause 46, to the fullest extent permitted or allowed by law:

All warranties, terms and conditions implied or imposed by statute (including under the Trade Practices Act 1974 (Cth) or any other State or Territory Fair Trading legislation) relating to the provision of services in connection with your membership are excluded in so far as the services directly or indirectly cause your personal injury or death;

You release the Operator of Cloud 9 Fitness Studio, their related entities and representatives from all sums of money, accounts, claims, actions, proceedings, demands and expenses which you at any time had or have against the Operator of Cloud 9 Fitness Studio, their related entities and representatives arising from:

Any personal injury (fatal or otherwise) that you have suffered directly or indirectly from your participation in the activities connected with your membership; or

Any loss or damage to your personal property during your attendance at Cloud 9 Fitness Studio unless caused directly by wilful acts or omissions or negligence of the Operator; or

Any breach of your obligations under these Terms and Conditions; and

You indemnify the Operator of Cloud 9 Fitness Studio, their related entities and representatives against:

All losses they incur;

All liabilities they incur; and

All costs actually payable by the Operator of Cloud 9 Fitness Studio, their related entities and representatives to their own legal representatives (whether or not under costs agreement) and other expenses incurred in connection with a demand, action, arbitration or other proceeding (including mediation, compromise, out-of-court settlement or appeal), arising directly or indirectly as a result of or in connection with:

I hereby declare that I have read, understood and agree to the Terms & Conditions relating to my membership.  I acknowledge that the services are provided subject to Cloud 9 Fitness Studio’s Terms & Conditions and I have signed the Membership Application Form subject to the Terms & Conditions.