Terms and Conditions

Terms and Conditions

THIS IS AN IMPORTANT DOCUMENT - PLEASE READ IT CAREFULLY

With any contractual agreement, it is important that we outline the terms as simply and thoroughly as possible. Please take the time to read through these conditions carefully to avoid any confusion. It is important that the terms of the contract between you and us are clear and for this reason, if there is any conflict between what is set out in these conditions and anything you have been told by us or over the telephone, the conditions will prevail . Failure by us to enforce any of our rights at any time for any period shall not be construed as a waiver of those rights.

These conditions are broken up into the following sections:

Part A - sets out the process for becoming a member and the formation of a Contract, and the terms and conditions of your membership.

Part B - sets out the key Rules at the facility. Please also refer to other signage and handouts.

Part C - sets out the Direct Debit arrangements regarding payment of your membership and their fees. It forms part of your Membership Application and Contract.

Part D - sets out the Privacy Statement and Acknowledgement.

You should read this document carefully before you agree to become a member of ACTIV CYCLE COACHING. If you do not understand something in these conditions please ask us.

Please be advised that these Membership Terms, Conditions and Rules may change from time to time.

DEFINITIONS

In these Membership Terms and Conditions the following definitions apply:

Activ Cycle Coaching, Activ means Activ Cycle Coaching Pty Ltd ACN 136542320 as trustee for the ACC trust Company,

we, us, our means Activ Cycle Coaching Pty Ltd ACN 136542320 as trustee for the ACC trust

You, your means the member of Activ Cycle Coaching

the Facility means the Active Cycle Coaching facility where you applied for membership

Contract , Agreement, means the Contract set out herein between Active Cycle Coaching

and you under which you will become a member of Activ Cycle Coaching

Minimum Term means the term of thirty days commencing on your acceptance of these conditions.

Rules means the rules regulating the operation of equipment, opening hours and behaviour in the facility specified in signage and handouts

PART A

MEMBERSHIP TERMS

  1. CONTRACT FORMATION - A contract arises between us once the Contract has been accepted by You. This Contract will be governed by the laws of the state of Queensland.
  2. ACCEPTANCE BY ACTIV CYCLE COACHING OF THIS CONTRACT - It is important that the terms of the Contract between you and us are clear and for this reason, if there is any conflict between what is set out in these terms and conditions and anything you have been told by us or over the telephone, these terms and conditions will prevail unless a staff member acknowledges the discussion in writing. Failure by us to enforce any of our rights at any time for any period shall not be construed as a waiver of those rights.
  3. CLUB ETIQUETTE - You must comply with the Rules.
  4. MEMBERSHIP ENTITLEMENT - As a member you are entitled to access the membership area of our website and use the facilities only during the times specified by us and in accordance with these terms and conditions and the Rules. Subject to any entitlements at law and as detailed in these conditions ,memberships are non-assignable, non-transferable and non-refundable.
  5. MINIMUM AGE - Membership is limited to persons who are at least 16 years of age (unless medical clearance is given). All members who are less than 16 years of age must be supervised by an adult when using the facilities. If under the age of 16 years, a parent or guardian must complete your pre-exercise questionnaire. If under 18 years old, we may specify certain programmes, classes and activities where children may participate without adult supervision and which may be subject to additional fees due to any additional supervision requirements imposed on us by law.
  6. ACCESS TO FACILITIES - You may have access to the Facility at our discretion and at times nominated by us from time to time.
  7. CONSEQUENCES OF MISCONDUCT - We reserve the right to refuse entry to any person, including members, and have the right to cancel your membership without warning or notice for serious inappropriate behaviour that is threatening or harassing, and includes damaging equipment in the club and perceived risks, including but not limited to, the use of illegal or performance enhancing drugs. Warnings for any breach of these Membership Terms and Conditions or failure to comply with the Rules or acting unreasonably will result in a 1st warning. Should a second warning be required, then immediate cancellation of your membership will be made.
  8. PAYMENT OF FEES – You authorize us to debit your credit card/debit card monthly in advance each month for:
    1. All membership fees due (and not prepaid) under this Contract ;and
    2. All merchant fees associated with credit card payments.A merchant service fee of 2.5% is applicable to payments made from American Express and Diners Club. Mastercard , Visa and Bankcard payments will be charged at the rate of 1.25%.
    3. All storage fees if you have elected to store your bike with us
    4. All other monies owing by you to us from time to time including without limitation all servicing and parts for your bicycle.

    If the monies owing are not paid on the due date, you agree that we may continue to debit the nominated credit/debit account with the total amount due without notice to you.

    We reserve the right to increase the membership fees at any time on 30 days prior notice to you provided however that you may terminate this agreement for a period of thirty days after that notice to by written notice to us.

  9. PRE-PAID MEMBERSHIP

    ADVANCE PAYMENTS - You may choose to make advance payments of your monthly dues. Please be advised that you are still required to provide details of your direct debit account for immediate direct debit after the initial period (the period paid for in advance).

  10. MONEY OUTSTANDING/NO ACCOUNT DETAILS - If any amount payable for your membership is not paid on the due date, access to the facility and your membership online will be suspended until such time as payments are up to date (late fees of up to $35.00 per transaction, as charged by us and recovery costs including legal fees may be recovered from you on a full indemnity basis and charged to your credit/debit card).
  11. CANCELLATION/TERMINATION WITHIN MINIMUM TERM FOR MEDICAL OR RELOCATION REASONS - You can only cancel your membership prior to the expiry of the Minimum Term if you become subject to medical incapacity or if you relocate to an area not within 20 kilometres of an Activ Cycle Coaching facility. For cancellation due to medical incapacity or relocation, you will only be permitted to cancel your membership if you produce supporting documentation to our satisfaction (in the case of medical reasons, by a qualified medical practitioner certifying that you are permanently sick or incapacitated from undertaking any exercise regime for a period of at least 30 days and in the case of relocation, by a real estate or similar agent certifying your relocation). All cancellations will only be effective thirty days after the month in which you cancel membership and provide to us the supporting documentation required by us.
  12. TERMINATION AFTER THE MINIMUM TERM
    1. You can terminate your membership after the MinimumTterm if you give us 30 days notice in writing. All cancellations will only be effective thirty days after the month in which you terminate the membership in writing.
    2. Where either of us terminates your membership any fees that you have not paid (for example, if you had not paid for the previous month) will need to be paid or we may take action to recover the outstanding payments.
    3. We can refuse you entry to the facility and your membership whenever your payments are not up-to-date.
  13. REFUNDS -.There is no refund of any pre paid coaching or membership unless the program is cancelled or if you can show, with supporting medical evidence that the programme will cause you physical harm or result in physical injury to you or as otherwise required by law in which case the fee will be refunded to you for the pre paid component after the end of the month in which we are provided in writing by you of such medical evidence from a registered medical practitioner.
  14. TIME FREEZE - Membership Time Freeze is available for a maximum of 4 weeks each year provided that all amounts payable for membership dues are paid up to date. All Time Freezes must be applied for in writing by using a Time Freeze application form supplied by us and must be handed in to us at least 30 days prior to the commencement of the Time Freeze. NOTE: No pro-rata of direct debits will be done; the debit will only be frozen for the direct debit/s that falls within the Time Freeze period and only for a single period in each twelve months of 28 days. For up front memberships of less than 3 months, time freeze is not available.
  15. CHANGE OF RULES/OPERATIONS - We cannot guarantee that we will not need to add to, change or remove Rules, conditions of membership, including but not limited to the Membership Terms and Conditions, opening and closing hours and the services and facilities offered by us from time to time. Any such additions, deletions or changes will be notified to you through either the newslette published from time to time by us and/or notice in the facility or to your last known address in writing or by phone with at least 30 days notice. If at any time the operations or services of the facility are temporarily or permanently suspended for any reason, we may (subject to availability) by written notice to you grant you complimentary Time Freeze or you may cancel your membership by written notice to us in accordance with clause 12. Subject to any applicable law, you won't have any other claim against us if this happens.
  16. CHANGE OF DETAILS - You must keep us informed of any change of address, email address, contact numbers, bank account & credit card details for payment and any other information relevant to your membership.
  17. WARRANTIES –You warrant to us that you:
    1. have obtained a clear checkup from a medical practitioner in the last 30 days ;and
    2. do not suffer from any medical condition which may effect your cycling or which we should be aware of in the event that you are involved in an accident. You agree to undertake a checkup with your medical practitioner at least once in every period of twelve months and you will immediately let us know if your medical condition changes after you join us. We may, at our discretion, deny your membership application until you receive medical clearance from your doctor to proceed with an exercise program at the facility and/ or until you have received advice as to an appropriate exercise program.
    3. are a member of Cycling Queensand and will remain a member of Cycling Queensland at all times during your membership with us and are covered by their insurance in the event of injury, death to yourself or injury to your property and property of others.You will provide a copy of the membership to us upon request.
    4. The bicycle and other equipment which you use will be serviced on a regular basis and will be kept in good working order and condition at all times.
    5. will wear an Australian standard compliant helmet securely fastened at all times on an outdoor ride with us and will have a lit rear and front light on your bicycle at all times whilst you are riding a bicycle for the period one hour after sunrise and one hour before sunset.
  18. ACKNOWLEDGEMENT - You acknowledge that:
    1. cycling involves a risk of injury and/or death and damage to property.
    2. it is your decision alone as to whether you participate in each ride and if you have any doubts as to your abilities or competence you should not participate in the ride
    3. It is your responsibility to ensure that you correctly operate or use any facilities and/or equipment provided by any Activ Cycle Coaching facility, including the adjustment of levels or settings on the equipment. If you are in any doubt as to how to correctly operate any equipment you should consult a member of staff before use.
    4. You are responsible for any damage which you may cause to the facilities, if such damage is caused by your wilful act or negligence.
  19. RELEASE AND INDEMNITY - To the fullest extent permitted by law, you acknowledge that Activ and its directors, contractors and employees are not liable for any loss , damage or injury howsoever caused (including through negligence) which you may directly or indirectly suffer in connection with (without limitation):
    1. this Contract or any matter pertaining thereto;
    2. Your use of the facility and the equipment;
    3. any failure or omission on the part of Activ to comply with its obligations under this Contract.
    4. any ride organized by us
    5. anything caused by a third party
    6. any other act matter or thing.
  20. CONTRACTORS - Some contractors provide some of their services, such as massage,chiropractic services , nutritional advice and pilates. Fees for services are paid directly to these contractors. We take no responsibility for the fees paid to these contractors. Any claim which you might have as a result of an act or failure to act by such a contractor (whether or not payment has been made to the contractor or to us) will be brought against, and will be the responsibility of, that contractor and not us. You hereby release, and indemnify and keep indemnified, us for any claim suffered by you as a result of an act or omission by a contractor. We will at all times assist, where possible, to resolve any conflict or issues with contractors.
  21. IMAGE - By signing this Application and Agreement you consent to us using your image in any promotion or other material in relation to the business without reference to you and without compensation or remuneration to you.
  22. YOUR PHYSICAL CONDITION - You promise and represent on the date of the Contract, and repeat such warranty and representation each time you use our facilities, that you are in good physical condition and that you know of no medical or other reason why you are not capable of engaging in active or passive exercise and that such exercise would not be detrimental to your health, safety, comfort or physical condition. Activ Cycle Coaching staff and its contractors may not be medically trained and are therefore not qualified to assess whether you or your guest are in good physical condition and/or that you can engage in active or passive exercise without detriment to your health, safety, comfort or physical condition. You shall not use any facilities whilst suffering from any infections or contagious illness, disease or other ailment or whilst suffering from any physical ailment such as open cuts or sores or minor infections where there is a risk, however small, to other members.
  23. UNENFORCEABLE CLAUSES - Where a provision is deemed to be invalid or unenforceable by the courts the provisions will be deleted from the Contract but such deletion will not affect the validity and enforceability of the remaining provisions.
  24. CONTRACT TRANSFER BY ACTIV CYCLE COACHING - We may assign or transfer the benefit of the contract, or sub-contract its obligations under it, to any person, firm or company at any time without notice to you but shall remain liable to meet our obligations to you under the Contract.
  25. YOUR SAFETY AND PROPERTY
    1. WARNING - We give you warning that cycling is a dangerous activity and injury may occur.
    2. RELEASE AND INDEMNITY - In consideration of Activ Cycle Coaching accepting your application for membership of the Facility, and for you becoming and remaining a Member of the Activ Cycle Coaching, you agree that Activ Cycle Coaching shall not be liable for any loss, damage or theft of any property belonging to, or brought onto our premises by you, occurring on said premises except where caused by gross negligence of Activ Cycle Coaching. In addition, Activ Cycle Coaching shall not be liable for any death, personal injury or illness occurring upon our premises or as a result of the use of facilities and / or equipment provided by Activ Cycle Coaching.

PART B

RULES OF THE CLUB

LOCKERS- Lockers are provided for use whilst exercising & will be cleared daily once the facility is closed. Please be advised that the lockers provided are not security lockers and therefore we request all valuable items are carried with you. Whilst care is taken to safeguard locker contents, thefts can occur. Please be aware that we do not accept responsibility for any loss or damage to property that occurs as a result of unknown persons breaking into lockers or where items are not placed in lockers. When using lockers, please ensure that the locker key/card is secure at all times on your person. Should a locker key be lost or contents be left in a locker overnight, there is a $25 charge for replacement of the key and $50 for return of items. If your belongings are left in a locker, they may be removed and we will take no responsibility for loss or damage. Please note: all lost property and locker belongings will be given to charity on a monthly basis.

CLOTHING & HYGIENE - We require all members to wear suitable clothing (non-offensive) and appropriate footwear when visiting any of the exercise areas (excluding wet areas). It is also paramount that personal hygiene is considered when visiting Activ Cycle Coaching premises, so it is appreciated that everyone wears deodorant and is aware of their own body odour.

VEHICLES - vehicles and their contents, parked in any car park or elsewhere on the premises are left at the owners risk and we will accept no liability for loss or damage.

EACH VISIT - Access to the facilty will only be granted to you at our discretion and at times specified by us. Locker keys are your responsibility and must be returned prior to leaving the facility. If you lose your locker key, there will be a replacement charge.

PART C

CUSTOMER SERVICE AGREEMENT

Our commitment to you

This document outlines our service commitment to you, in respect of the Direct Debit Request (DDR) arrangements made between Activ Cycle Coaching Pty Ltd and you. It sets out your rights, our commitment to you and your responsibilities to us together with where you should go for assistance.

Initial terms of the arrangement

In terms of the Direct Debit Request arrangements made between us and you, we undertake to periodically debit your nominated account for the agreed amount for the monies owing to us hereunder.

Drawing arrangements

Monthly drawings under the Direct Debit arrangement will occur monthly in advance commencing on the date of your acceptance of this Agreement . If drawings fall on a non-business day, it will be drawn on the next business day. Please note that drawings may take up to 5 business days to come out of your account. We reserve the right to vary the date upon which we debit your account from time to time. If your drawing is returned or dishonoured by your financial institution we will endeavour to contact you requesting payment. If we have not received payment we will re-draw these funds again along with and including any outstanding monies hereunder on or before the next Direct Debit cycle. Transaction ,administration fees and other costs hereunder will be charged to your account.

YOUR RIGHTS

Changes to the arrangement

If you want to make changes to or stop the drawing arrangements, written notice of this must be forwarded to us and your financial institution including details of all changes requested.

Enquiries and Disputes

Should you wish to discuss these arrangements, including any possible disputed amounts, please call us or your financial institution directly. Where disputes are referred to us, we will endeavour to respond to them within 7 days. If you do not receive a satisfactory response from us in relation to your dispute, you may contact your financial institution. They will respond to you with an answer to your claim in accordance with their published processes.

Your commitment to us

It is your responsibility to ensure that:

(a) Your nominated account and/or credit card can accept direct debits (your financial institution can confirm this); and

(b) That on the drawing date (and for 5 subsequent days) there is sufficient cleared funds in the nominated account; and

(c) That you advise us in advance if the nominated account is to be transferred or closed. That if you are paying your fees by credit card, you advise us of any changes to your credit card information, i.e. expiry date, or number.

PART D PRIVACY STATEMENT AND ACKNOWLEDGEMENT

In the course of establishing a Contract with you and during the term of that Contract we will obtain access to certain sections of your personal information (such as information concerning your health and your financial position). Activ Cycle Coaching will only use, disclose or deal with such information in accordance with our Privacy Policy. A full copy of our Privacy Policy is available on www.activcyclecoaching.com.au or can be sent to you on request in writing.