Terms and Conditions
MEMBERSHIP TERMS AND CONDITIONS
MEMBERSHIP COMMENCEMENT: You are becoming a member of BlueFit Pty Ltd (“BlueFit”) and your membership entitles you to use the facilities available at your
nominated centre. Your membership starts on the Membership Start Date (“Membership Start Date”) that appears on your Membership Agreement.
COOLING OFF PERIOD: Should you wish to cancel your membership within 7 days from your Membership Start Date you must notify us in writing. If you do so, we will refund all
payments made during this time less a $50 administration fee.
MINIMUM AGREED TERM: Your minimum agreed term means the term specified on your Membership Agreement, unless extended by Suspension as provided for in Clause 6. Once
your minimum term is at an end, your Membership Agreement will run from one fortnight to the next until you cancel it by providing appropriate notice, as provided for in Clause 19.
MEMBERSHIP DUES: You are personally responsible for payment of the membership dues that represent the cost of using the facility for that period. We require that you agree to a
direct debit request that forms part of this Agreement, or make payment of the full minimum term in advance. Should you fail to use your membership and do not use our programs and
facilities, you are not relieved of your payment obligations, regardless of the circumstances, except as provided for in this Agreement. We reserve our right to adjust the availability of
your facility on a temporary basis for the purposes of cleaning, renovations, repairs, maintenance, upgrades or special holidays.
MEMBERSHIP FEE INCREASE: The nominated membership rate will apply unless the centre provides you with a minimum of 14 days written notice of any fee changes that may occur
Whilst within your Minimum Agreed Term of your Membership Agreement, the increase will be no greater than 10% of your agreed membership rate, as specified within your Membership
Agreement. If you do not wish to accept a fee change, you may cancel your membership as provided for in Clause 19.
SUSPENSION: Membership suspension is available provided that all amounts payable for your membership are paid up to date. All suspensions should be applied for in writing to us
at least fourteen (14) days prior to the commencement of the suspension period. A maximum of 90 days per calendar year is permissible and may be taken in periods no shorter than
14 days. The suspension fee is $0.50 per day. Following your suspension, your minimum agreed term will be extended by an equivalent period to the period your membership was
policy. Suspensions are not available with this membership.Please see terms of promotion for further detail.
. Membership suspensions are not retrospective and cannot be back dated. The 6 month upfront membership special is excluded from the aforementioned suspension
CLOTHING ATTIRE: We require you to wear the appropriate clothing (non-offensive) whilst on the premises and whilst using the facility. Covered sporting footwear must be worn at
all times while in the health club. All members are to use a towel when using equipment and to wipe down equipment after use. Appropriate swimwear must be worn in the aquatic
ETIQUETTE: All members are required to show their membership cards, put their weights and equipment away and wipe down machines after use. Memberships are for the card holder
only and cannot be transferred to another person unless approved by BlueFit. Management reserves the right to refuse entry, cancel a membership or ask a guest to leave without
warning or notice for serious inappropriate behaviour including but not limited to damaging equipment, harassing staff or other members, being under the influence of drugs/ alcohol or
behaving inappropriately. In this instance BlueFit will not be required to refund any monies paid or any proportion of the membership.
CHANGE OF SERVICES/RULES: We reserve the right to add, delete or alter services and amenities such as membership terms and conditions, opening and closing hours, timetables,
operating hours and other events that may be seasonal. Any changes or variations that may occur will be notified to you either though the newsletter/magazine published from time to
time or via writing.
REPLACEMENT CARD: Upon completing this Membership Agreement you will be issued a Membership Card. It is your responsibility to keep your card from becoming damaged
Should you lose your card you will be required to pay a replacement fee of $5. Should you not be able to provide your BlueFit Membership Card for entry after three consecutive
visits, you will be required to pay $5 replacement fee for a new card before entering the facility.
MINIMUM AGE (Excluding golf): You must be at least 14 years old to become a member. Members under 16 must be supervised by a parent/guardian who is also a member at all
times whilst using our facilities. A member must be at least 16 years old to participate in weight-based group exercises or resistance training activities.
RISK WARNING: It is your responsibility to ensure that you operate all equipment and facilities in the correct manner. If you are in any doubt as to how to use equipment correctly please
consult a member of staff before use.
DAMAGE: You are responsible for any damage caused by you or your guest if such damage is caused by your negligence or neglect.
PHYSICAL CONDITION: On the date of this Agreement and on all subsequent visits to BlueFit, you warrant that you are in good physical condition and that you are not aware of
any medical or alternate reason why you would be prohibited from engaging in active or passive exercise and that any such exercise would not be detrimental to your physical condition,
comfort or health and safety. We recommend that you seek expert medical advice prior to commencing any exercise program if you are in any doubt of your physical condition. BlueFit
staff members are not medically trained and are not capable of treating or diagnosing any medical conditions/ailments. You shall not use any BlueFit facility if you are
suffering from any contagious illness, disease or other ailment or whilst you are suffering from a physical condition that would put yourself and/or other members at risk.
COMPLETE AGREEMENT AND SEVERABILITY: The terms of this Agreement constitute the full agreement between you and BlueFit, and no oral promises are made part
thereof. If any part of this Agreement is deemed to be invalid or unenforceable by law, the provisions will be deleted from the Agreement but such deletion will not affect the validity
and enforceability of the remaining provisions.
WAIVER AND RELEASE: During all such times that you are on BlueFit premises both your property and your person shall be at your own risk. You agree that BlueFit
shall not be liable for any loss, damage or theft of any property belonging to you or your guest (including minors) occurring on BlueFit premises except where caused by the
gross negligence of BlueFit. A dditionally, BlueFit shall not be liable for any death, personal injury or illness occurring to you or your guest (including minors) on BlueFit
premises or as a result of the use of any facilities or equipment provided by BlueFit, except to the extent that such death, personal injury or illness occurs from the gross
negligence of BlueFit.
TRANSFER OF MEMBERSHIP BY THE MEMBER: Your membership may be transferred to another person who is not a member, and has not been a member of BlueFit in the
last three months, for a fee of $50.
AFTER THE MINIMUM TERM:
A) FORTNIGHTLY: You can cancel your membership by providing 2 full fortnights notice in writing taken from your next direct debit date to the Centre Manager.
B) MONTHLY: You can cancel your membership by providing 1 months’ notice in writing to the Centre Manager.
WITHIN MINIMUM TERM: A cancellation fee of $165 will become payable unless:
a).You relocate to an area not within 30kms from the club. You must provide a letter from your agent or employer verifying your relocation.
b).You become subject to medical incapacity in such a way that you are unable to use the facilities. You must show us a certificate from a qualified medical practitioner stating that
you cannot exercise for either 12 months, or the remainder of your term, whichever is longer.
Paid in full term memberships are not refundable but can be transferred to another person as provided for in Clause 18.
TRANSFER OF MEMBERSHIP BY BLUEFIT : BlueFit have the right to assign or transfer the benefit of your Membership Agreement to a person, firm or company at
any time, without giving you notice. BlueFit may relocate to another premise within a 5 kilometre radius and the location at which the services are provided may change during
the term of this agreement.
DIRECT DEBIT REQUEST SERVICE AGREEMENT: This Agreement is designed to explain what your obligations are when undertaking a Direct Debit arrangement with LinksPay and
BlueFit. It also details what our obligations are to you as your Direct Debit Provider. We recommend you keep this agreement in a safe place for future reference. It forms part of
the terms and conditions of your Direct Debit Request (DDR) and should be read in conjunction with your DDR form.
I/We hereby authorize LinksPay Pty Ltd (ABN: 96 134 528 279) Direct Debit User ID 382220 to make periodic debits on behalf of the “Business” as indicated on the front of this Direct
Debit Request (herein referred to as the Business)
I/We acknowledge that LinksPay is acting as a Direct Debit Agent for the Business and that LinksPay does not provide any goods or services and has no express or implied liability in
regards to the goods and services provided by the Business or the terms and conditions of any agreement with the Business.
I/We acknowledge that LinksPay and the Business will keep any information (including account details) contained in the Direct Debit Request confidential. LinksPay and the Business
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 that we have about you:
(a) to the extent specifically required by law; or
(b) for the purposes of this agreement (including disclosing information in connection with any query or claim).
I/We acknowledge that the debit amount will be debited from my/our account according to the Direct Debit Request, this Agreement and the terms and conditions of the agreement
with the Business.
I/We acknowledge that bank account details have been verified against a recent bank statement to ensure accuracy of the details provided. If uncertain you should contact your financial
I/We acknowledge that is my/our responsibility to ensure that there is sufficient cleared funds in the nominated account by the due date to enable the direct debit to be honoured on
the debit date. Direct debits normally occur overnight; however transactions can take up to three (3) business days depending on your financial institution. I/We acknowledge and agree
that sufficient funds will remain in the nominated account until the direct debit amount has been debited from the account and that if there are insufficient funds available, I/We agree
that LinksPay will not be held responsible for any fees and charges that may be charged by your financial institution.
I/We Acknowledge that there may be a delay in processing if:
1) There is a public or bank holiday on the day, or any day after the debit date
2) A payment request is received by LinksPay on a day that is not a Banking Business Day
3) A Payment request is received after normal operational hours, being 4pm Monday to Friday.
Any payments that fall due on any of the above will be processed on the next business day.
I/We authorise the Business to vary the amount of the payments from time to time as provided for within the Business agreement. I/We authorise LinksPay to vary the amount of the
payments upon instructions from the Business. I/We do not require LinksPay to notify me/us of such variations to the debit amount.
I/We acknowledge that the total amount billed will be for the specified period for this and/or subsequent agreements and/or amendments.
I/We acknowledge that the Business is to provide 14 days notice if proposing to vary the terms of the debit arrangements.
I/We acknowledge that variations to the debit arrangement will be directed to the Business.
I/We acknowledge that any request to stop or cancel the debit arrangement will be directed to the Business.
I/We acknowledge that any disputed debit payments will be directed to the Business. If no resolution is forthcoming you are advised to contact your financial institution.
I/We acknowledge that if a debit is returned by my/our financial institution as unpaid, I/We will be responsible for an additional charge of $5 for each unsuccessful debit in addition to
any financial institution charges and collection fees, including and not limited to any solicitor fees and collection agent fees appointed by LinksPay.
I/We authorise LinksPay to attempt to re-process any unsuccessful payments as advised by the Business.
I/We acknowledge that if specified by the Business, a setup, variation, dishonour, SMS or processing fees may apply as instructed by the Business.
1) The Debit User to verify details of my/our account with my/our financial institution
2) The Financial Institution to release information allowing the Debit User to verify my/our account details.