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 DebitSuccess 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 overleaf. These terms are stated below.

In this Agreement unless the contrary intention appears:

The member acknowledges and agrees that:

All memberships have a Cooling Off period of 7 days from the membership start date. Refunds will be a total of monies paid less Service and Administration costs. Service costs include: Gym Visit Fees charged as individual sessions at the rate of $15 per visit, and an initial Assessment/Program Fee charged at $50.00. An Administration cost of $25.00 is charged. The Administration cost is not charged on Foundation Memberships cancelled prior to initial Assessment/Program. There is no Cooling Off period for membership renewals. Refunds will be provided within 7 days of receiving written notification of the member's wish to terminate the contract.

5. SUSPENSION.

A fee of $5.00 per week is charged to place a membership suspension. In order to suspend payments please contact DebitSuccess on 1800 148 848 at least three days prior to the date of the first suspended payment. There are no restrictions on the duration of a membership suspension.

If paying by Direct Debit the Member agrees to pay the instalment amount at the agreed payment frequency until the Direct Debit Request (DDR) and Contract is terminated in accordance with clause 8 below. Should there be any arrears in payments the Member authorises DebitSuccess to debit the outstanding balance in order to bring the account up to date.

If paying by Direct Debit, a one-off fee of $10.00 is payable to DebitSuccess upon authorising of the Direct Debit Request (DDR) and Contract. This fee is paid to DebitSuccess by the facility.

This contract is not the subject of a Minimum Term, however is subject to a period of notice for cancellation of 30 days. Provided that all instalments and fees due have been paid in full, the Contract shall continue indefinitely until such time as the Member makes a request 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 DebitSuccess. There will be a period of notice of 30 days 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 DebitSuccess 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 DebitSuccess (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 paying by Direct Debit, upon default by the Member in regard to any obligation under the Direct Debit Request (DDR) and Contract and failure to remedy the default after notification by DebitSuccess, the Member authorises DebitSuccess to notify any debt collection/credit reporting agency of the default. Should this occur then at DebitSuccess' sole discretion it may terminate the Membership Agreement at which time the full outstanding balance for the remainder of the minimum term or payments (including any current arrears) shall be due in full. The Member authorises DebitSuccess to add to the outstanding debt a fee of $50 and an amount equivalent to 25% of the full outstanding balance (being DebitSuccess' expenses reasonably incurred in collecting the debt) upon initial referral to the debt collection/credit reporting agency.

Members that fall into arrears may be refused entry until such time that arrears have been received.

Management reserves the right to amend terms/conditions, hours of operation and services available in accordance with the changing requirements of the facility. Such an amendment will not result in a change to either your membership fee or minimum term.

Loose comfortable clothing is recommended for exercising. Fully enclosed sneaker-type shoes and a sweat towel are essential and a compulsory condition of entry.

D'Fine247 is a dedicated circuit training facility. The circuit training format must always be followed. Out of respect for your fellow members, equipment seats should be wiped down after completing each station.

Members are required to be courteous to other members and staff at all times. Rude or abusive behaviour will not be tolerated. Members must comply with all staff instructions regarding exercise and safety at D'Fine247. There is no smoking, food or alcohol consumption, gum chewing or drug taking permitted within the boundaries of the facility.

Members represent & warrant to D'Fine247 and DebitSuccess that they do not have any physical/medical condition that may affect their ability to exercise safely and without aggravating injury.

Members recognise that they exercise at D'Fine247 entirely at their own risk and to the maximum extent permitted by the law neither D'Fine247, DebitSuccess nor any of their workers is liable for any loss, damage nor injury caused whatsoever.

Members realise and understand that they will be using an unsupervised facility, and are aware of the

inherent risks that come with that situation.

Members recognise and accept that they will be video recorded whilst in the facility.  Video cameras are not constantly monitored.

You agree to allow D'Fine247 to contact you regarding ongoing membership information and promotions.

Members expressly warrant that they are financially responsible for any damage that they, or any person that they let into the facility, cause.

Members will have their memberships terminated without refund if they let other persons into the facility (regardless of whether those persons are members or not).

I ACKNOWLEDGE that fitness centre activities are dangerous recreational activities and that by

participating in them I am exposed to certain risks.

 

I ACKNOWLEDGE AND UNDERSTAND that whilst participating in fitness centre activities:

 

 

 

A Customer's "personal information" (as that term is defined in the Privacy Act 1988 (Cth)) will only be used by the Centre or DebitSuccess to provide you with the services contemplated by the Direct Debit Request (DDR) and Contract or in accordance with your selection relating to the Privacy disclaimer on the front page of the Direct Debit Request (DDR) and Contract. DebitSuccess' Privacy Statement is to be found on its website www.debitsuccess.com. The Centre's Privacy Statement can be obtained from the Centre.

D'Fine247 does not anticipate the need to increase fees whilst the Membership continues. However, in the unlikely event that a review of fees does become necessary, DebitSuccess will provide at least 14 day's written notice to the Member's last known address of the increase the instalment amount. If the Member wishes to terminate the Direct Debit Request (DDR) and Contract as a result of the increase in the instalment amount, the Member must notify DebitSuccess in writing within 14 days of the date of the written notice sent by DebitSuccess. The Membership Agreement will be terminated upon receipt of this notice. If the Member does not notify DebitSuccess of its intention to terminate the Direct Debit Request (DDR) and Contract within such specified time period, then the Direct Debit Request (DDR) and Contract will remain in force and the increase in the instalment amount will be deemed to be accepted by the Member.

The Direct Debit Request (DDR) and Contract, constitute the entire agreement, understanding and

arrangement (express and implied) between the Member, the Centre and DebitSuccess relating to the subject

matter of the Direct Debit Request (DDR) and Contract and supersedes and cancels any previous agreement,

understanding and arrangement relating thereto whether written or oral.

DebitSuccess will debit your nominated account for the amounts and at the frequency of payments as agreed between us on the DebitSuccess DDR Contract authorised and accepted by you.

In the unlikely event that the initial terms are to change, they can only do so in accordance with your Contract 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.

Should you wish to defer a payment to another date you must contact DebitSuccess before the date of that payment to request the deferment. Deferments are entirely at the discretion of DebitSuccess 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

Should you wish to alter the payment frequency or Day to Debit contact DebitSuccess 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 DebitSuccess on 1-800 148 848). Any changes made will not affect the total amount you would otherwise have paid over the minimum term of your Contract.

A fee of $5.00 per week is charged to place a membership suspension. In order to suspend payments please contact DebitSuccess on 1800 148 848 at least three days prior to the date of the first suspended payment. There are no restrictions on the duration of a membership suspension.

You can cancel this Direct Debit Request Authority by requesting this of DebitSuccess or your bank.

Cancellation of the authority to debit your account will not terminate this contract or remove your liability to make the payments you have agreed to.

If you dispute any debit payment, you must notify DebitSuccess immediately. DebitSuccess 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.

When the day to debit falls on a weekend or public holiday the debit will be initiated on the next working day.

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 DebitSuccess 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. DebitSuccess may debit other fees or costs involved with debt collection in accordance with the terms and conditions of the Contract (refer to clause 9 Credit/Debt Reporting Agencies).

All enquiries should be directed to DebitSuccess and should be made at least 1 working day prior to the next scheduled debit date.

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 DebitSuccess with a new account number.