PRODUCT DISCLOSURE STATEMENT ONE HEALTH & FITNESS
CLAUSES RELATING TO ALL ONE HEALTH & FITNESS ONLINE
1. In joining your home club, all details must be lawfully
provided by you; and you must ensure that you have read and
understood the terms of your membership agreement before accepting
2. Your membership is an arrangement between you and One Health
& Fitness as specified in your membership agreement.
3. Once you have accepted the terms and conditions you have
agreed to a binding contract.
4. If upon reading the full details of this product disclosure
statement, you no longer wish to be a party to the contract, you
may utilise the cooling off policy outlined in the clause of the
5. Anyone under the age of 18 years of age is not eligible to
join a One Health & Fitness club on-line - please contact your
nearest club, and take a responsible adult with you to discuss your
6. All One Health & Fitness clubs retain the right to use
your prior membership information when joining another club within
7. This exchange of information includes, instances where
outstanding fees have been involved and/or behavioural concerns
have been present.
8. All outstanding monies must be paid in full to the relevant
club before another One Health & Fitness membership can be
entered into. 9. One Health & Fitness may refuse
agreement of membership based on past behavioural issues.
10. One Health & Fitness may seek alternative member
information from another club in order to make reasonable contact
11. It is important that you ensure you notify your home club of
any changes to your health or existing medical conditions, or if
you believe there is a risk to your health or the health of others
as a result of you participating in activities under your
12. In accepting this membership agreement and these terms and
conditions you agree to abide by the rules contained in the One
Health & Fitness Club Etiquette policy which are outlined
a. Members Only
i. Use of One Health & Fitness facilities is strictly for
members only. There may be instances where casual entry is allowed
for a fee, whereby individual's identity details and contact
information are captured for our records.
b. Membership Cards
i. Members will not be allowed to use the Club facilities unless
they show their membership cards. A fee, as specified in your
pricelist will be charged for the issue of a replacement card.
c. Your Health - Injuries or Risk of Harm
i. Members must conduct themselves in a manner, which will not
cause harm or discomfort to themselves or other members.
ii. Members must advise their Group Fitness Instructor, Personal
Trainer or Member Motivator if they are injured or there is any
change to their health that may impact their ability to continue
their exercise program or use of club facilities.
d. Bring a Towel
i. Members must bring a towel to the club to use the facilities.
Please use the towel to wipe down the equipment after use.
ii. If you forget your towel, you may hire one from your home
club and place it in the linen basket provided, after use. If you
inadvertently take the towel home, we appreciate you returning it
on your next visit.
e. Appropriate Behaviour
i. Members and staff must conduct themselves with appropriate
decorum in the club and treat others with respect at all times.
Foul language and inappropriate behaviour will not be
ii. Members are asked to respect the privacy of other members
and refrain from using the cameras on their mobile phones within
i. Members are asked to dress appropriately for their
workouts and wear suitable training shoes at all times while in the
g. Facilities and Equipment
i. Members must immediately replace all weights and equipment
upon completion of exercise. Members must not leave equipment on
the floor. This is a safety issue and will be strictly
ii. Members must immediately report any
breakage or damage to equipment to the Club Manager, Member
Motivator or other staff member.
iii. Members are asked to treat the equipment and facilities
h. Lost Property
i. Lost property will be kept for two weeks, after which, if
unclaimed, will be donated to charity.
i. Time Limits
i. Members must adhere to time limits on equipment where
applicable. Members are asked to consider others and not sit on
equipment during rest periods.
j. Group Fitness
i. Members attending group fitness classes must obtain a Class
Pass from the front desk for presentation to the Instructor prior
to the class commencing.
ii. Members attending group fitness are encouraged to arrive
five minutes prior to the scheduled commencement time of the class
to ensure that they have time to set up equipment.
iii. Members must complete both the warm up and cool down phases
of group exercise classes. For your own safety, members who arrive
late may be prevented from participating in a class if they do not
have sufficient time to warm up.
iv. We encourage you to consult the Group Fitness Instructor,
Member Motivator or your Personal Trainer for guidance on Group
Fitness class selection and attendance.
v. Members may need to book in for certain classes. Please refer
to the Group Fitness Timetable for more information.
13. Your home club operator has the right to
cancel your membership with no further charge to you should you in
their opinion breach the Club Etiquette policy.
Fixed Term Membership
14. A fixed term membership is a membership for any fixed term
and has an "End Date‟. It is not an ongoing membership.
18. If your booked trainer is unavailable another trainer will
be assigned to your session.
19. If a trainer is unavailable for your session - it will be
re-booked for another time.
20. Personal Training sessions are purchased from One Health
& Fitness not from any individual Personal Trainer. In the
absence of or the departure of a Personal Trainer your One Health
& Fitness club will service your remaining sessions with
21. If transferring your direct debit membership to
another One Health & Fitness club within the network, full
payment of any outstanding Personal Training sessions must be paid
in full to the club you are departing from, prior to the transfer
being accepted at the new club.
30. You may defer your membership for a minimum of 2 weeks and
up to a total of 8 weeks, for any reason (including personal,
holidays, medical, injury and illness). Deferral time entitlements
are based on pro-rata of 8 weeks per 12 month term.
31. You will be charged a deferral fee during this period, as
per the pricelist.
32. Your membership term end date will be extended by the period
of your deferral.
33. Approval of backdated deferral requests are at the
discretion of the individual club owner.
34. In the event you wish to cancel your membership whilst on
deferral, your current deferral will cease and the standard direct
debit plus any payments for "extras" purchased, will apply along
with the applicable cancellation fees.
Cancellation Due to Incapacitation
35. You may cancel your membership if you have suffered
permanent or physical incapacity or long-term physical incapacity
(long term means a period of not less than 12 months). Written
notice to your home club is required along with medical
documentation that substantiates the incapacitation. Where
insufficient information is produced, you may be requested to have
your medical practitioner also complete incapacitation
documentation provided by One Health & Fitness
36. You may elect to renew your fixed term membership at the end
of it, or no more than six weeks prior to the end of your fixed
37. The price of your membership (or any other membership you
renew on) may have changed during your fixed term, therefore the
clubs current pricing will be applicable at the time of
38. Foundation memberships where concurrent renewals are evident
will see the existing price honoured.
Transfer of Membership to Another Person
50. You are entitled to transfer your membership to another non
One Health & Fitness member and this person must be sourced by
51. No transfer can occur until such time that payment for all
services have been brought up to date.
52. Fully paid for but unused portions of extras will be
transferred with the membership to the new incoming member at your
home club. These extras are neither refundable nor transferable and
can only be used by the incoming member. Any booked sessions or
consultations that you had previously cancelled under 12 hours
notice will have been forfeited and will not be available to
53. A transfer fee is applicable as per the price list. Payment
of the fee needs to be arranged and agreed by the two parties
involved and is payable to One Health & Fitness at the time of
54. This transfer fee covers the administration of the change in
membership and also the induction for the incoming member at the
55. The transfer will only be accepted and processed once the
incoming member has signed all required membership and health
documentation and the applicable fee has been paid at the club.
56. If the membership is one that has been paid in full - the
membership can only be transferred within the same club.
57. Memberships whereby the minimum commitment period has been
reached are not transferable.
58. Memberships that were purchased at the time of the clubs
original pre-sale (prior to the club being operational) and the
immediate 6 six week period after the official opening date of the
club - can be transferred - but the price will not remain at the
Foundation price. The current rate that applies to the membership
and any associated extras will be applicable. Memberships that have
been discounted can be transferred but pricing will not remain at
the discounted price. The current rate that applies to the
membership and any associated extras will be applicable. Should a
situation arise where a membership is transferred to another person
and to another club at the same time - the applicable fee - as per
the price list - will apply, and be payable to the club that the
membership is being transferred to. Refer to the clauses
specifically relating to the Interclub Transfers.
Breach of Contract
61. You may cancel your membership at no charge if your Home
club is in "fundamental breach‟ of the membership agreement.
Examples of when this may happen:
a. When the club has completely failed to provide services paid
for a period of longer than 14 days without appropriate
communication and without fair compensation such as deferring
b. When you have provided notice
in writing to the club of a breach of contract and there has been
no response within 14 days.
62. Your home club may cancel your membership if you are in
"fundamental breach‟ of your membership agreement, which can occur
a. Failure to comply with the Club Etiquette policy and in which
it is not rectified within 14 days of written notification of the
b. Ongoing failure to comply with Club Etiquette beyond initial
14 day resolution
c. Abuse of other members or staff either verbal of physical
d. Inappropriate involvement in issues that may arise relating
to the employment of staff members of the home club
e. Any behavior that is deemed to bring the One Health &
Fitness brand into disrepute
i. This includes inappropriate use of public websites/chat
ii. Conduct of illegal activities at the club, including theft
and prohibited drug use
63. If you wish to raise a concern regarding your home club, you
should first address it with the Manager or the owner of your Home
64. Should you wish to escalate this concern, please do so in
writing, providing any documentation relevant to your concerns via
65. In this communication, please quote your full name, your
membership number, the One Health & Fitness club you are a
member of, the concern that you have and how you would like to see
the matter resolved. Postal Address:
One Health & Fitness Membership Administration Dept-
41 - 53 Millers Rd. Epping Vic 3079
Risk and liability
66. It is important that you acknowledge and understand that
participation in activities within your membership require varying
degrees of physical exertion and/or physical risk which may cause
your death or personal injury.
67. One Health & Fitness takes no responsibility for the
loss or damage of your personal belongings.
68. You must advise your club of any medical or physical
conditions that they need to be aware of which will affect your use
of the facilities. It is your responsibility to update your club
with any changes to your condition.
69. One Health & Fitness by way of this
statement takes no responsibility for any injury or death that
takes place through use of the facilities. By
way of this disclosure statement, we declare the Home Club to be
bound by the requirements of the Trade Practices Act (1974) or any
other State or Territory Fair Trading legislation as they relate to
your activities under your membership.
70. These requirements include but are not limited to:
a. 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.
b. You release the Operator of your club and One Health &
Fitness Women‟s Health Clubs Pty Ltd and their related entities and
representatives from any liability or claims relating to and not
i. ii. iii.
Any personal injury Loss or damage of personal property Any
breach of your obligations
c. You indemnify the Operator of
your club and One Health & Fitness Women‟s Health Clubs Pty Ltd
and their related entities and representatives against:
i. ii. iii.
All losses they incur All liabilities they incur All costs
payable by the Operator of your club and One Health & Fitness
and their related entities and representatives which relate to:
1. 2. 3.
Any personal injury Any loss or damage to personal property Any
breach of your obligations
71. Acceptance of these terms and conditions is your waiver to
any such claims against the Operator of your club and One Health
& Fitness related entities and representatives.
72. If you do not accept the terms and conditions of both the
Membership Agreement and this Product Disclosure Statement you
cannot be a member of a One Health & Fitness .
Assignment of Rights
73. Your home club may assign the rights to your membership to
another party in the event that the business changes ownership as
an ongoing operating entity. Under this arrangement, the new owner
will be subject to the same rights and obligations as stated in
your agreement, and this Product disclosure statement.
Amendments to services
74. The Operator of your home club may from time to time alter
the opening hours of the Home Club, the group fitness timetable,
the facilities, items of equipment or any of the products and
services offered or provided at it's sole discretion
75. Any such changes will be notified to you
by your Home Club by prominently displaying the details of the
alteration or suspension. 76. If the
Operator needs to close temporarily for any reason including, but
not limited to renovation and/or building repairs and maintenance,
the Operator will place your membership on deferral where the
closure is greater than 2 days in duration.
CLAUSES RELATING SPECIFICALLY TO MEMBERSHIPS BEING PAID
VIA DIRECT DEBIT
77. By accepting these terms and conditions you are agreeing to
pay your membership fees via Direct Debit.
78. Membership fees are paid in advance for services.
79. You will continue to be debited as per your membership
agreement regardless of whether you are using the facilities or
services of the club at any given time.
80. If your payment is unsuccessful, we will attempt to contact
you and send communication to you.
81. If we are unable to contact you and/or do not receive a
response from you we will automatically add to your next debit:
a. The outstanding fee
b. The rejection fee (as specified in your price list)
82. Debits that are unsuccessful on 3 consecutive occasions
without having received communication from you (in writing) will be
referred to a debt collection agency and you will be responsible
for the payment of outstanding fees and reasonable collection
83. Should your membership be cancelled by us because of
continual unsuccessful payments and you wish to rejoin the club,
you must pay all outstanding fees in full plus a new joining fee
before you are allowed to re-join as a member of the club.
84. Once periodic debit payments are initiated as per your
agreement, no notice of the debits will be issued to you.
85. Receipts for direct debit payments made will be provided on
request for periods of six or 12 months only.
86. You may downgrade your membership by completing a downgrade
request form - available from your club. The applicable fee as per
your price list, will apply.
87. In order to downgrade your membership you must arrange
payment for all services used and not paid for up until that
88. If the applicable fee is not paid in full at the time of the
request, the amount owing may be paid off via direct debit and must
not exceed the end date commitment of your membership.
89. You may cancel your membership during the cooling off
90. Your cooling off period is 7 days.
91. Your cooling off period starts from the date you agree to
these terms and conditions, and finishes 7 days from that date.
92. You must provide your One Health & Fitness home club
with written notice of your intention to cancel within the
93. A fee will be charged for this cancellation as per the
94. Under the cooling off policy, your Home Club reserves the
right to take the amount due on the first contracted debit date (as
specified on your Membership Agreement) in the absence of payment
being made by other means.
95. Any fees that are required to be refunded after the cooling
off fee has been applied - must be reimbursed back to the member
within 7 working days.
Cancellation of Direct Debit Memberships
96. You may cancel your membership during a cooling off period
as specified above.
97. You may cancel your membership at any time.
98. Methods of cancellation:
a. The preferred method is by visiting the club and completing a
cancellation form upon which you will be given your options
regarding payment of relevant fees and a copy of the cancellation
form and relevant payment receipts (if applicable).
b. You may choose to cancel your membership in writing via
either e-mail, mail, or fax. You must retain a copy of your
c. Memberships cannot be cancelled verbally. It is your
responsibility to ensure that your home club receives something in
writing from you where you are able to retain a copy of it.
d. Recollection of verbal conversations either face to face or
via phone cannot be taken into account and will not be
99. When you cancel your membership, your next payment will be
your last. This effectively means you are required to provide 1
100. In the event you wish to cancel your membership and it is
currently on deferral, your deferral will cease immediately and the
101. direct debit amount will apply along with the applicable
You will be entitled to use the club for the full period paid
for i. If you cancel your membership within your fixed term
period (as specified on your membership agreement) you will also be
required to pay an early cancellation fee which is specified on
your pricelist. You may elect to pay this up front or if you are
cancelling for financial reasons, you should discuss with your club
an appropriate payment arrangement, which can be implemented via
your existing direct debit agreement.
Interclub Transfer of Memberships
102. You may transfer your membership to another One Health
& Fitness club if your membership has not been paid in full and
if all services used at the original club have been paid for and
membership fees are up to date.
103. You must agree to pay the membership price that the new
club charges, complete all necessary membership documentation and
abide by the new clubs terms and conditions.
104. Pricing for extra's purchased between clubs may also vary.
You will also be required to pay the price that the new club
charges for any additional purchases.
105. Fully paid for but unused portions of extras may be
transferred with the membership to the new club. These extras are
non refundable. Any booked sessions or consultations that you had
previously cancelled with less than 12 hours notice will have been
forfeited and will not be available to transfer.
106. Foundation or discounted memberships - can be transferred -
but the price will be reflective of the new clubs current pricing.
The current rate that applies to any associated extras will also be
FEES RELATING TO CHANGES IN MEMBERSHIP
Administration Fee - Cooling Off
Period $50.00 or 10% of the Total Membership Fee,
whichever is the lesser
Administration Fee - Incapacity $ NIL
Administration Fee - Fundamental Breach $
Deferral Fee $5.00 per week for approved
Transfer Fee (to a non member) $90.00
Replacement Membership Card $10.00
DIRECT DEBIT REQUEST SERVICE AGREEMENT
"Account" means the account held at your financial institution
from which we are authorised to arrange for funds to be debited.
"Agreement" means your acceptance for us to direct debit your
account for the membership purchased. "Banking Day" means a day
other than a Saturday or a Sunday or a public holiday listed
"Debit Day" means the day that payment is made by you to us.
"Debit Payment" means a particular transaction where a debit is
made. "Direct Debit Request" means the Direct Debit request between
you and us. "Us" or "We" means One Health & Fitness (the Debit
user) you authorised by agreeing to the terms of the membership
agreement. "You" means the customer who has authorised the
scheduled direct debit payments. "Your Financial Institution" is
the financial institution where you hold the account that you have
authorised us to arrange to debit.
1. Debiting your
1.1. By agreeing to the terms and conditions you
have authorised us to arrange for funds to be debited from your
nominated account. You should refer to the Membership Agreement for
the terms of the arrangement between us and you.
1.2. We will only arrange for funds to be debited
from your account as agreed to. 1.3. If the debit day
falls on a day that is not a business day, we may direct your
financial institution to debit your account on the
following business day. If you are unsure about which day your
account has or will be debited you should contact us.
2. Amendments by
We may vary any details on this agreement of direct debit
request at any time where the variation is: a) agreed or
requested by you in writing; b) permitted
under this agreement - the Terms And Conditions of your membership;
c) to effect an assignment to another
Operator of your Home
d) Club; or
e) required by law or by
our Financial Institution to enable us to continue to provide
Direct Debit facilities; f) provided
to you with 14 days notice
To remove ambiguity, the operation of clause 2.1 may result in
an increase in funds debited from your account.
3. Amendments by
3.1. As a member of One Health & Fitness should
you need to change your arrangements under the direct debit request
subject to 3.2, 3.3 and 3.4 then you should first contact your home
3.2. If you wish to temporarily stop or defer your
debit payment you must notify us in writing within 14 days of the
date of the debit you wish to temporarily stop or defer.
3.3. If you wish to cancel your debit payments you
can do so by giving notice in writing whereby the next scheduled
payment will be your last plus cancellation fees if applicable as
per your membership agreement terms and conditions.
3.4. If you wish to cancel your debit payment you
may also contact your financial institution.
It is your responsibility to ensure that there are sufficient
funds available in your account to allow a direct debit to be made
in accordance with your membership agreement. If there are
insufficient clear funds in your account to meet a debit
We will keep your account details confidential. We will make
reasonable efforts to keep any such information that we have about
you secure and to ensure that any of our employees or agents who
have access to information about you do not make any unauthorised
use, modification, reproduction or disclosure of that information.
We will only disclose information we have about you:
a) To the extent specifically requested
by law; or
b) For the purposes of this agreement
(including disclosing information in connection with any query or
a) b) c)
You may be charged a fee and/or interest by your financial
institution You may also incur fees or charges imposed by us; and
You must arrange for the debit payment to be made by another method
or arrange for sufficient clear funds to be in your account by an
agreed time so we can process the debit payment.
You should check your account statement to verify that the
amounts debited from your account are correct. If One Health &
Fitness is liable to pay goods and services tax ["GST") on a supply
made in connection with this agreement, then you agree to pay One
Health & Fitness on demand an amount equal to the consideration
payable for the supply multiplied by the prevailing GST rate.
5.1. If you believe that there has been an error in
debiting your account, you should notify your home club directly
and confirm that notice in writing with us as soon as possible so
that we can resolve the query promptly.
5.2. If we conclude as a result of our investigation
that your account has been incorrectly debited we will respond to
your query by arranging for your financial institution to adjust
your account accordingly. We will also notify you in writing of the
amount by which your account has been adjusted.
5.3. If we conclude as a result of our investigation
that your account has not been incorrectly debited we will respond
to your query by providing you with reasons and any evidence for
5.4. Any queries you may have about any error made
in debiting your account should be directed to us in the first
instance so that we can attempt to resolve the matter between us
and you. If we cannot resolve the matter you can still refer it to
your financial institution, which will obtain details from you of
the disputed transaction and may lodge a claim on your behalf.
6.1. You should check
a) With your financial
institution whether direct debiting is available from your account
as direct debiting is not available on all
accounts offered by financial institutions. b) Your account
details you have provided to us are correct by checking them
against a recent account statement
8.1. If you wish to notify us in writing about
anything relating to this agreement, you should contact your home
club. We will notify you by sending a notice in the ordinary post
to the address you have given us in your membership agreement.
8.2. Any notice will be deemed to have been received
on the third banking day after posting.
We understand the importance of maintaining the privacy of your
personal information. At One Health & Fitness, we'll collect,
manage and protect your personal information in accordance with our
www.onehealthfitness.com.au . You are able to access the
information we hold about you by emailing