Membership Terms & Conditions

PRODUCT DISCLOSURE STATEMENT ONE HEALTH & FITNESS ON-LINE MEMBERSHIPS

 

CLAUSES RELATING TO ALL ONE HEALTH & FITNESS ONLINE MEMBERSHIPS

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 the conditions.

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 same name.

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 membership options.

6. All One Health & Fitness clubs retain the right to use your prior membership information when joining another club within the network.

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 with you.

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 membership.

Club Etiquette

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 below:

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 tolerated.

ii. Members are asked to respect the privacy of other members and refrain from using the cameras on their mobile phones within the club.

f. Dress

i.  Members are asked to dress appropriately for their workouts and wear suitable training shoes at all times while in the club.

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 enforced.

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 with care.

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.

Extras Purchased

Personal Training

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 another trainer.

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.

Deferral

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

Renewal

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 term.

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 renewal.

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 you.

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 transfer.

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 the transfer.

54. This transfer fee covers the administration of the change in membership and also the induction for the incoming member at the club.

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 payments.

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 by:

a. Failure to comply with the Club Etiquette policy and in which it is not rectified within 14 days of written notification of the breach

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 sites

ii. Conduct of illegal activities at the club, including theft and prohibited drug use

Member Concerns

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 club.

64. Should you wish to escalate this concern, please do so in writing, providing any documentation relevant to your concerns via the post.

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 limited to:

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 costs.

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.

Downgrading

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 point.

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.

Cooling Off

89. You may cancel your membership during the cooling off period.

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 timeframe specified.

93. A fee will be charged for this cancellation as per the pricelist.

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 cancellation request.

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 considered.

99. When you cancel your membership, your next payment will be your last. This effectively means you are required to provide 1 payment‟s notice.

100. In the event you wish to cancel your membership and it is currently on deferral, your deferral will cease immediately and the standard

101. direct debit amount will apply along with the applicable cancellation fees.

a. b.

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 applicable.

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 $ NIL

Deferral Fee $5.00 per week for approved deferrals

Transfer Fee (to a non member) $90.00

Replacement Membership Card $10.00

DIRECT DEBIT REQUEST SERVICE AGREEMENT

DEFINITIONS

"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 throughout Australia.

4

"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 account

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 us

2.1.

2.2.

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 you

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 club.

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.

4.      Your obligations

4.1. 4.2.

4.3. 4.4.

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 payment:

7.1.

7.2.

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 claim)

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.      Dispute

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 this finding.

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.      Accounts

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

7.      Confidentiality

8.      Notice

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 privacy policy which is located on the footer of www.onehealthfitness.com.au . You are able to access the information we hold about you by emailing privacy@onehealthfitness.com.au