Terms and Conditions

Belgravia Leisure Membership Agreement
1. INTRODUCTION
This document outlines the rights and responsibilities relating to the Member’s entitlements during the Membership Period to use of the Centre’s facilities. It also relates to the member’s authority to Belgravia Health and Leisure Group Pty Ltd to directly debit the nominated bank account or credit card for any instalments or fees due under the terms and conditions of this Membership Agreement and DDR together with the terms and conditions in the Membership booklet. These terms are stated below.
2. DEFINITIONS
In this Agreement unless the contrary intention appears:

• The singular includes the plural and vice versa.
• A reference to a party includes that party’s legal personal representative heirs and assigns
• “Member” includes the parent or guardian of the Member if the Member is under 18 years.
• “Centre” means the Belgravia Leisure Managed Facility named on the Direct Debit Request (DDR) and Contract that this booklet refers to.
• “Belgravia Leisure” is Belgravia Health and Leisure Group Pty Ltd, 20 Longstaff Rd, Bayswater, Vic 3153, Phone: 03 8727 7777, E-mail: contactus@belgravialeisure.com.au. All queries and comments about the Services provided under this Membership Agreement should be directed to the Centre. All queries and comments about the direct debit billing service should be directed to the Centre or Belgravia Leisure. The Member acknowledges that Belgravia Leisure will collect the fees due under this Membership Agreement if paying by way of direct debit, and also acknowledges that all rights of the Centre under this Membership Agreement are able to be enforced by Belgravia Leisure as if it were the Centre without any involvement on the part of the Centre or the consent of the Member.

• The Direct Debit Request (DDR) and Contract including the Membership booklet are legally binding whether the use of the Centre and its services is determined and paid on a yearly, monthly, weekly or individual basis,
• The membership must remain current in order to avoid paying the joining fee again,
• They declare that they are physically and medically fit and capable to engage in exercise and fitness programs at the Centre, and have and will inform instructors of any condition or risk that may have an effect on their ability to participate in any exercise or fitness program prior to commencement,
• They are 18 years of age or older at the time of signing, and not under any other legal disability. If not, a parent or adult guardian will sign also.

• All members must swipe or present their card at reception every time they attend the Centre.
• Members must advise any changes of address and phone number.
• The facilities are available to the general public and not exclusively for members.

• Entry will be refused or a person requested to leave the Centre if the person: i. is abusive or uses offensive language or whose behaviour is threatening or ii. is under the influence of drugs or alcohol.
• No smoking is permitted in the Centre.
• No chewing gum permitted in the Centre. d. Sweat towels must be used at all times.
• Weights must be returned to their correct place after use.
• Correct training attire and runners must be worn in the Centre – no jeans, work clothes, boots, sandals, thongs, or clothing that is likely to cause offence to others are permitted.
• No person under the age of 16 is allowed in the Centre unless accompanied by a guardian or qualified instructor.
• No food allowed in the gym or group exercise classes.
• No entry to a group exercise class 5 minutes after it starts.

• All items stored in the lockers are at your risk and we do not accept responsibility for items lost, damaged or stolen.
• Bags are not permitted in the Centre unless placed in the lockers provided.

• The cooling off period commences at the close of business on the “Commencement Date”.
• The cooling off period is 7 days.
• The cooling off period ends at close of business on the 7th day after the “Commencement Date”.
• New members have the right to cancel their membership within the cooling off period if they are not completely satisfied with the services and programs.
• All monies will be refunded on a pro rata basis with the exception of fees for an Administration Fee whichever is the lesser of up to 10% of the Membership Fee or $60.
• All cooling off cancellations must be in writing to the Manager.

• Upon providing written advice of a permanent disability or serious illness, along with a letter from a medical practitioner detailing the disability or illness, the Centre may agree to cancel the membership effective from the day of notice for an Administration Fee of up to 10% of the Membership Fee.
• All monies will be refunded with the exception of charges for services already delivered.

• Cancellations inside the Minimum Term – The Member may terminate their Membership Agreement before the expiry of the minimum term or payments if all the instalments and fees due up to the date of termination are paid, and in addition the cancellation fee of 25% of the total remaining instalments is paid to Belgravia Leisure or the Centre.
• Cancellations after completion of the Minimum Term – After the expiry of the minimum term or payments, and after all instalments and fees due have been paid in full, should the box on the front of the Direct Debit Request (DDR) and Contract requesting termination at minimum term be marked then the Direct Debit Request (DDR) and Contract shall automatically terminate. Should the box on the front of the Direct Debit Request (DDR) and Contract requesting termination after the minimum term not be marked, then the Direct Debit Request (DDR) and Contract shall continue indefinitely until such time as the Member makes a request, after the expiry of the minimum term for it to terminate. Any instalments/fees due at the date of termination (including instalments/ fees which fall due during the notice period) will remain a debt owed to and recoverable by Belgravia Health and Leisure Group Pty Ltd. There will be a period of notice of 30 days unless otherwise specified by the Centre between the date of request and the date of actual termination during which any payments due must still be paid in full. The Member should contact Belgravia Leisure or the Centre if they have not received written confirmation of the termination within the 30 day period. The Member shall not consider that the Direct Debit Request (DDR) and Contract has been terminated until such time as this is confirmed in writing to the Member by Belgravia Leisure (not more than 14 days after the termination date). Termination of the Direct Debit Request (DDR) and Contract will also terminate the Direct Debit Request Authority.

• If you decide to pay your membership in full, there will be no refunds available if you wish to terminate your membership prior to the end of your agreement.
• If you purchase a paid in full memberships you have the ability to transfer the remaining time on your memberships agreement to another person for a set fee as outlined in condition 8.
• Paid in full memberships cannot be transferred between Genesis clubs at any time.
• We agree and will refund any paid in full memberships or any other fees that the law requires.
• Upon providing written advice of a permanent disability or serious illness, along with a letter from a medical practitioner detailing the disability or illness, the Centre may agree to cancel the membership effective from the day of notice…in such a case the balance of the unused portion of the membership less the Administration Fee shall be refunded to the Member.

• Transfer of membership will only be permitted from a member to a non-member and will incur a Transfer Fee of $55. If paying by Direct Debit, this fee is payable to the Centre.
• Transfers between Centres will be by agreement of the Manager of the Centre to which the member wishes to transfer to.

• closes off any part of the premises or isolates any piece of equipment for maintenance or safety reasons;
• change the hours of opening and closing or alter class timetables in accordance with demand; or
• vary Centre rules. Where this occurs the Centre will provide reasonable notice on the Centre notice boards or at reception.

• If you participate in these activities your rights to sue the supplier under the Fair Trading Act 1999 if you are killed or injured because the activities were not supplied with due care and skill or were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in or on this notice/appointment.

• rendered with due care and skill; and*as fit for the purpose for which they are commonly bought as it is reasonable to expect in the circumstances; and
• reasonably fit for any particular purpose or might reasonably be expected to achieve any result you have made known to the supplier.

• The Centre will have the right to assign or novate the Membership Agreement to a third party in the event of the sale of the business.
• The Centre 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 the agreement. In the event of a) or b) occurring you agree that the Direct Debit Request (DDR) and Contract will continue with the new third party and/or at the new location.

• The Direct Debit Request (DDR) and Contract is subject to a 7 day cooling off period

• Cancellations after completion of the Minimum Term – After the expiry of the minimum term or payments, and after all instalments and fees due have been paid in full, should the box on the front of the Direct Debit Request (DDR) and Contract requesting termination at minimum term be marked then the Direct Debit Request (DDR) and Contract shall automatically terminate.
• Should the box on the front of the Direct Debit Request (DDR) and Contract requesting termination after the minimum term not be marked, then this is an ongoing membership agreement. The agreement will continue until either you or the supplier terminates it in the way described in the agreement. If an automatic debit arrangement is in place, membership fees will continue to be debited from your credit card or account until you or your fitness Centre cancels the arrangement by notifying your bank or credit provider. If you terminate the agreement or stop the automatic debit arrangement in a manner not described in the agreement, then you may be liable to the fitness Centre for damages for breach of contract.
• Any instalments/fees due at the date of termination (including instalments/fees which fall due during the notice period) will remain a debt owed to and recoverable by Belgravia Leisure. There will be a period of notice of 30 days unless otherwise specified by the Centre between the date of request and the date of actual termination during which any payments due must still be paid in full. The Member should contact Belgravia Leisure or the Centre if they have not received written confirmation of the termination within the 30 day period. The Member shall not consider that the Direct Debit Request (DDR) and Contract has been terminated until such time as this is confirmed in writing to the Member by Belgravia Leisure or the Centre (not more than 14 days after the termination date). Termination of the Direct Debit Request (DDR) and Contract will also terminate the Direct Debit Request Authority.

• 24/7 Centre’s are unmanned facilities for periods of time and as such if you participate in activities in these facilities you are exposing yourself to the potential for serious injury including death. As such you should take note that your rights to sue the supplier if you are killed or injured because the activities were not supplied with due care and skill or were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in or on this notice/ appointment.
• The member expressly indicates an understanding of the risks associated with undertaking activities in an unmanned and unsupervised Centre and hereby releases, indemnifies and holds harmless Belgravia Leisure, their respective owners, officers affiliates, agents and employees in the event that I suffer personal loss, am injured or killed in the Centre. 2
• Further, the member provides this release whether it arises from the negligence of the releases or otherwise and does so with the intention that this release shall be as broad and inclusive as the laws of the state allow.
• The member acknowledges and agrees that they may not admit guests at any time to the 24/7 Centre. Furthermore, the member agrees that if this clause is breached then the following provisions shall apply:
• Upon a first breach the member’s access to the 24/7 Centre shall be immediately suspended for a period of 14 days without any notification to the member
• Upon any subsequent breach the member’s membership shall be immediately cancelled and the member agrees to pay a cancellation fee of $220 or 50% of the remaining membership fees due and payable under the terms of the agreement, whichever is the higher.

1. Initial Terms – Belgravia Health and Leisure Group Pty Ltd will debit your nominated account for the amounts and at the frequency of payments as agreed between us on the Belgravia Leisure DDR Membership Agreement signed and accepted by you.
2. Change of Terms – In the unlikely event that the initial terms are to change, they can only do so in accordance with your Membership Agreement and we must give you at least 14 days notice of the changes including if applicable the new amount, new frequency and next debit date.
3. Deferring or stopping a payment – Should you wish to defer a payment to another date you must contact the Centre before the date of that payment to request the deferment. Deferments are entirely at the discretion of the Centre and will depend on the length of deferment, the current state of your account and your past history. You may request us to stop an individual payment however you will still be liable to make this payment by some other method or your account will become Overdue.
4. Altering the Schedule – Should you wish to alter the payment frequency or Day to Debit contact the Centre and at our discretion in most instances we will be able to make the changes you require. There may be a fee charged for this service (details of any fees payable can be obtained by contacting the Centre). Any changes made will not affect the total amount you would otherwise have paid over the minimum term of your Membership Agreement.
5. Suspending the Payments – Suspension of payments may be possible under the terms of your Membership Agreement. You may suspend for a minimum of 1 week at a time so long as the total time suspended within the minimum term does not exceed 6 weeks. In order to suspend you must contact the Centre manager in writing with reasonable notice (at least 3 days) prior to the date of suspension, and all suspension requests must include a start date and an end date. There is a charge of $5.00 per week while the Membership Agreement is suspended unless a different fee is specified on the front of this Membership Agreement. Any time spent on suspension will be added onto the minimum term of the Membership Agreement so that the sum of the instalments payable for the minimum term or number of payments shall still be payable regardless of any suspension or suspension charges made.
6. Cancelling the payments – You can cancel this Direct Debit Request Authority by requesting this of your bank. Cancellation of the authority to debit your account will not terminate this Membership Agreement or remove your liability to make the payments you have agreed to.
7. Disputes – If you dispute any debit payment, you must notify Belgravia Health and Leisure Group Pty Ltd immediately. Belgravia Health and Leisure Group Pty Ltd will respond to your dispute within 7 working days and will immediately refund the amount of the debit if we are not able to substantiate the reason for it. If you do not receive a satisfactory response from us to your dispute contact your financial institution who will respond to you with an answer to your claim within 5 business days if your claim is lodged within 12 months of the disputed drawing, or within 30 business days if your claim is lodged after 12 months from the disputed drawing.
8. Non-working day – When the day to debit falls on a weekend or public holiday the debit will be initiated on the next working day.
9. Dishonoured Payments – It is your responsibility to ensure that on the due date clear funds are available in your nominated account to meet the direct debit payment. Should your payment be dishonoured Belgravia Health and Leisure Group Pty Ltd will debit you an additional $10 with your next payment and may, if we have not received instructions to the contrary from you, debit both the current due payment and the now overdue payment(s) on the same day. Belgravia Health and Leisure Group Pty Ltd may debit other fees or costs involved with debt collection in accordance with the terms and conditions of the Membership Agreement (refer to clause 21 Credit/Debt Reporting Agencies).
10. Enquiries – All enquiries should be directed to Belgravia Leisure or the Centre and should be made at least 1 working day prior to the next scheduled debit date.
11. Your other responsibilities – In addition to those already mentioned, you are responsible for ensuring that your nominated account is able to accept direct debits. If it is not, it is your responsibility to provide Belgravia Leisure or the Centre with a new account number.