membership terms & conditions
1. The Agreement between you and us
These Terms, together with the Centre Rules and the following completed documents:
a) your Membership Application Form;
b) Direct debit authority (if applicable);
c) your Health Check Questionnaire;
make up all of the terms of a Membership Agreement (“Agreement”) between, the member (“you”) and Embrace Fitness and Wellbeing Pty Limited (ABN 17 602 582 721 (“us”).
It is important that you have read and understood all of the terms and conditions of the Agreement before signing these Terms. If you have any questions please ask us.
2. Your type of Membership with Embrace Fitness and Wellbeing Centre
You are becoming a member of Embrace Fitness and Wellbeing under the type of membership (“Membership Type”) stated in your membership form. Your membership entitles you to use the facilities available at the Centre. “Centre” means the Morwell Embrace Fitness and Wellbeing Centre in operation by us.
3. When will your membership start?
Your membership will start on the Membership Start Date (“Membership Start Date”) set out on your Membership Application Form, provided that:
a) you have signed these Terms, your Membership Application Form and your Direct Debit Authority Form (if applicable);
b) you have completed a Health Check Questionnaire and, if applicable, provided any other medical details of your health and fitness to our satisfaction; and
c) we have received your Total Upfront Payment as provided to you by our staff.
4. How long will your membership last?
4.1 Billing Periods
Your Billing Periods include an Initial Billing Period and may also include Ongoing Billing Periods. You are committed to a minimum initial period of membership of four weeks from the start of the first billing period following your Membership Start Date set out in your Membership Application Form such that:
a) if your Membership Start Date is the first day of a billing period, the period of four weeks from your Membership Start Date; or
b) if your Membership Start Date is on any other day than the first day of a billing period, the period including the rest of that billing period plus four weeks from the first day of the next billing period.
On completion of your Initial Billing Period or the end date set out in your Membership Application Form, your membership will automatically renew for further four week Billing Periods (“Ongoing Billing Periods”) unless your membership is terminated in accordance with paragraph 8 or you provide us with notice that you wish for your membership to end on the expiry of the Initial Billing Period which we must receive at least 3 days prior to the end of your Initial Billing Period. Each Ongoing Billing Period will begin on the first day after your previous Ongoing Billing Period ends.
4.2 Can you suspend or “freeze” your membership?
If you wish to suspend or “freeze” your membership you may notify us of your request in writing. You will also have to pay the non-refundable Freeze Fee set out in your Centre price list current at the time you freeze your membership. Your Centre receptionist will be able to confirm to you the periods of freeze available during your membership. Your membership may be frozen for a maximum of 4 fortnights per year with a maximum of 2 consecutive whole fortnightly periods (i.e. 4 weeks) frozen at any one time. You can notify us at any time that you would like to freeze your membership but the Centre must receive your notice at least 3 days (by close of business Friday) prior to the start of the first fortnightly period you wish to freeze. You will not be able to use the Centre while your membership is frozen.
If you freeze your membership during the Initial Billing Period, the period during which your membership is frozen will not be included in calculating your Initial Billing Period. In other words, a freeze of your membership will also freeze the calculation of your Initial Billing Period and will resume upon expiration of the frozen membership period.
4.3 What happens if you change your mind?
You may notify us in writing or in person at the Centre, that you wish to cancel your membership within 7 days starting on the date that you sign these Terms (“Cooling Off Period”). If you do so, we will refund your Total Upfront Payment (less the Joining fee) and any Membership Fees, which you have paid to us, after you return your Membership Card, and any other documentation that we have provided to you upon joining. If you have used your membership during the Cooling Off Period, we will refund those amounts set out above, less the Casual Fee for each visit, the fees for any personal training or other Centre services you have received and a reasonable administration charge.
5. Membership Fees and charges
5.1 Joining Fee
The Joining Fee stated in your Membership Application Form is non-refundable and is payable by you when you sign these Terms. If your membership is terminated for any reason and you subsequently wish to re-join the Centre you will need to pay the Joining Fee and Membership Fees applicable to the Centre at that time.
5.2 Membership Fees
As an Embrace Fitness and Wellbeing member you are personally responsible for payment to us of the Membership Fees and any other ongoing payments set out in your Membership Application Form as they fall due.
Your Membership Fees are due for the whole of each billing period even if your membership is terminated during that billing period (unless you have terminated under paragraph 8.2(a). If your first membership period includes a partial billing period, your Membership Fees for that period will be calculated on a proportional basis according to the number of days remaining in that billing period.
Paying for ongoing memberships
You pay fees for ongoing memberships in advance each month (or fortnight if available), by direct debit from a bank account or credit card. You can pay your fees as far in advance as you like, up to the legal time limits. However, you still need to give us your account details for when your advance payments end.
You can pay upfront for some memberships. Please visit the centre or myembrace.com.au for a list.
Renewing your upfront membership
When your membership is due to end, you can choose to renew it before that date at your existing rate, otherwise your membership fee will be set at the current rate. By renewing your membership, you agree to the membership terms that apply at that time.
How do direct debits work?
We will debit your monthly/fortnightly membership fees from your nominated account on the first day of each month/fortnight as set out in your membership agreement.
Please note that:
- debit dates are preset for all members
- if one falls on a public holiday, we will debit your account on the next business day
- debits might take up to 5 days to come out of your account.
Meeting your responsibilities
You must make sure:
- your account can accept direct debits (your financial institution can confirm this)
- there is enough money in your account on the payment day and the next 5 days
- you tell us if you are transferring or closing your account, at least 48 hours before your next direct debit
- you tell us about any changes to your credit card, such as its expiry date or number, at least 48 hours before your next direct debit.
- Please tell us and your financial institution if you want to change or stop your direct debits.
If you have a genuine dispute in relation to the collection of outstanding amounts or the charges we incur, please contact us at the Centre.
What happens if your payment is late or fails?
If you do not fully pay your fees on the due date, we will suspend your club access until your payments are up to date and you have given us your account details.
Paying your outstanding debts
We will continue to debit your nominated account without notice, until we have received the total amount you owe us. We will make a reasonable effort to let you know beforehand by:
- phoning you or speaking to you at your club
- writing to the address you last gave us.
For membership/s in your name, you must make sure that the payment method you choose continues for the length of your agreement. This includes third-party accounts. If the details you give us fail, you are liable for all resulting fees. You should update your details and are obligated to complete your minimum term
5.3 Changes to Membership Fees
We review our Membership Fees periodically and may change them from time to time. This may result in an increase to your Membership Fees after the Initial Commitment Period. We will give you at least 14 days
5.4 Other membership fees and charges
Any fees or charges that may be payable for additional services and facilities, such as Freeze fees and Replacement Membership Card Fees, will be set out in the relevant Centre price list (as may be amended by us from time to time) available at the reception of the Centre.
6. Can you transfer your membership to another person?
No, you may not transfer your membership to another person. Your membership is personal to you.
7. Membership type
7.1 Can you change your Membership Type?
Yes, you may change your membership to another Membership Type as long as you qualify for the new Membership Type and you serve any remaining period of your Initial Commitment Period under that new Membership Type.
The Centre must receive notice of any change to your Membership Type at least 3 days prior to the start of the billing period (i.e. by Sunday close of business) from which you want the change to be effective.
Certain membership types may have restricted access to areas, please ask a staff member to see which of these apply.
We may need to adjust the availability of certain facilities at the Centre on a temporary basis including for the purposes of cleaning, improvement work, repairs, upgrades, maintenance, special functions and holidays. If the Centre is not available for more than seven days in a row, you can ask us for a credit against your Membership Fees for the period that the Centre is not available provided
8. How can your membership be terminated?
8.1 Termination by you after the minimum Initial Commitment Period
After the minimum Initial Commitment Period you must give us 28 days notice to terminate your membership, unless you are cancelling for medical reasons (with supporting evidence). We count this period from the date of your request; this means your final debit may be a pro rata amount. You can cancel your membership by:
- emailing us
- writing to us
- by presenting in person at the Centre.
8.2 Reasons for ending your membership early
You may terminate your membership immediately by writing to the Centre within 28 days of any of the following occurring:
a) We increase your Membership Fees other than in accordance with paragraph 5.3.
b) We change the physical location of the Centre.
c) We close the whole of the Centre for any reason for a period of 30 days in a row or longer.
d) We make changes to these Terms or the Centre Rules under paragraph 10 that significantly reduces the benefits of your membership.
We breach any terms of this Agreement and fail to rectify that notice of any change and the date from which the change will apply by emailing you at the email address you have provided to us or by writing to you.
If you do not wish to accept an increase in your Membership Fees you may terminate your membership in accordance with paragraph 8.1. If you do not terminate your membership you will be required to pay any revised Membership Fees from the date from which the change becomes effective and your direct debit payments or credit card payments will be amended accordingly.
All Membership Fees include goods and services tax (GST). We reserve the right to change your Membership Fees in line with any government GST rate changes, even if you are in your Initial Commitment Period.
8.3 Termination by us:
We may terminate your membership immediately by emailing or writing to you at the contact addresses we have on our records:
a) If you commit a serious or repeated breach of these Terms or the Centre Rules.
b) If you otherwise breach these Terms or the Centre Rules and the breach, if capable of remedy, is not remedied within 14 days of us giving you notice to do so and informing you that your membership will be terminated if you fail to do so.
c) If any part of your Membership Fees remains unpaid 28 days after falling due.
d) If you provide us with details which you know to be false when applying for membership and these false details may have affected our reasonable decision to grant you membership.
If we terminate your membership for any of these reasons we may (without limiting any other right or remedy) recover any other reasonable costs and expenses we incur as a result of your breach and to collect the full amount of Membership Fees for the remainder of the then current billing period and any arrears.
8.4 Collection of fees
We will collect any Membership Fees and fees that are outstanding when your membership is terminated. We may use a third party to assist in the collection of outstanding fees.
9. What are the Centre Rules?
The Centre Rules govern your use of the Centre. In becoming a member you agree to comply with the Centre Rules which are binding rules that apply to all members, guests and visitors. You are also responsible for the conduct of your guests and visitors while they are using the Centre. Up-to-date Centre Rules will be published at myembrace.com.au and displayed in the Centre.
10. Changes to these Terms or the Centre Rules
We reserve the right to make reasonable amendments to these Terms or the Centre Rules at any time. We will give you at least 14 days’ notice by emailing you or writing to you to tell you that changes are being made and that you may see the amended Terms or Centre Rules at our website or at the Centre. If any amendment to these Terms or the Centre Rules significantly reduces the benefits of your membership you have the right to terminate your membership under paragraph 8.2.
11. How you should contact us?
Any written notice or completed form provided to the Centre must be sent by post, fax or email, or given in person at reception; with exception of a termination by you (see paragraph 8). Full contact details are available at the Centre’s reception. Only notices delivered to us in one of these ways will be considered valid notice.
12. Risk and your health
Exercising and using Centre facilities may involve the risk of injury and you exercise and use the Centre facilities at your own risk. Please monitor your physical condition at all times and exercise to a level that is appropriate given your knowledge of your health and any medical advice you have obtained. If any unusual symptoms occur immediately stop what you are doing and notify a staff member.
13.1 Recreational Activities
In the course of exercising or engaging in any recreational activities while using the Centre facilities, if you are killed or injured, we will not be liable except to the extent caused by our gross negligence. In this paragraph: gross negligence, means as defined in paragraph 13.2 below; and recreational activities, means your participation in a sporting activity or a similar leisure time pursuit or your participation in any other activity that involves a significant degree of physical exertion or physical risk and is undertaken for the purposes of recreation, enjoyment or leisure.
Please refer to the warning notice in paragraph 13.2 below which we are required to provide to you in Victoria under the Australian Consumer Law and Fair Trading Act 2012 in relation to this limitation on our liability.
13.2 Warning under the Australian Consumer Law and Fair Trading Act 2012
In this warning, references to “the supplier” mean us, and references to “you” mean you and your child (if you have agreed to these Terms on behalf of a child).
Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you:
- rendered with due care and skill; and
- are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
- might reasonably be expected to achieve any result you have made known to the supplier.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.
NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
13.3 Liability for supply of other services
Without limitation to paragraphs 13.1 and 13.2 and any other terms which are implied into this Agreement; or by statute in relation to the supply of services which cannot be excluded or limited, we will ensure that the services that we provide to you are provided with due care and skill, are fit for the purpose for which they are commonly bought as is reasonable to expect in the circumstances, will correspond in the nature and quality with the services demonstrated to you, and are free from any defect rendering them unfit for the purposes for which our services are commonly acquired. To the extent permitted by law, and again without limiting paragraphs 13.1 and 13.2, unless we have breached these obligations we will not be liable for any death, injury, loss, liability or damage that you may incur as a result of the services provided by us to you.
14. Other bits
You must keep us up to date with your contact details by completing a Change of Details Form and giving it to the Centre if your contact details change. In the event that we do not receive a Change of Details Form from you and your contact details change, notice given by us to the email or other address we have on our records for you will constitute valid notice to you under these Terms.
We may transfer our rights and obligations (or both) under this Agreement, or subcontract our obligations under it, to another organisation without giving you notice and you will continue as a member. If the other organisation fails to provide the same (or equivalent) facilities and services we provided, you may end your membership by providing written notice as per paragraph 8.
If we fail to enforce any of our rights at any time, for any period and for whatever reason, this will not take away those rights. Also if we fail to notice or act if you break any of the terms of this Agreement, this does not mean that your behaviour is acceptable. If a Court decides that a term of this Agreement is not valid or cannot be enforced, that term will not apply but this will not affect the rest of the Agreement.
This Agreement is subject to the laws of the Victoria where the Centre is located.
15. Your personal information
By signing this agreement, you agree to be bound by this Agreement and you consent to the terms and conditions within it.
Do not sign until you have read these Terms and the other documents listed in paragraph 1. If there is anything you do not understand, please ask us for an explanation before you sign. If you are under 18, a parent or guardian will need to sign to give their permission for you to become a Centre member. Your parent or guardian will be responsible for your obligations under the Agreement and must sign to say they accept these Terms and the Centre Rules on your behalf, and to accept responsibility for your behaviour, actions and failure to act in line with this Agreement. In particular your parent or guardian will be responsible for paying all payments due under your membership. You agree that your parent or guardian will be the only person we will discuss your membership with unless they authorise another person (including you).
The Agreement between you and us will come into force when you sign these Terms (even if a Embrace Fitness and Wellbeing Representative is not named or do not sign them).
Email: [email protected]
Address: Embrace Fitness and Wellbeing, 36 Princes Drive, MORWELL VIC 3840