ELIXR IN CLUB TERMS AND CONDITIONS
Elixr Health Clubs Membership Agreement Terms, Conditions & Services
1. Elixr complies with the “NSW Fitness Industry Code of Practice” (the “Code”). The Code has been made available to you and this membership is offered under the provisions of the Code.
2. Elixr reserves the right to change conditions of Membership, hours of operation, services offered and all fees and charges, at any time, at its sole discretion and without prior notice to the Member. Any such changes will be notified to you through either a newsletter published from time to time, the website, notices in the club and/or mailing / emailing to your last known address.
3. You are bound by and have to uphold the “Rules and Regulations (Guidelines)”. You have been provided with a copy of the current Guidelines. The Guidelines may be changed or updated by Elixr at any time at its sole discretion and without prior notice.
4. It is your responsibility to ensure that you correctly operate any club facilities or equipment. If you are in doubt as to how to correctly operate or use any club facilities or equipment, you must consult an Elixr staff member for assistance.
5. No one has made any representations (whether verbal or written) to induce you to enter this Agreement and that no verbal agreements or understandings have been made with Elixr unless as set out in this Agreement.
6. You must inform Elixr of any change in your contact details, bank accounts or credit card details for payment, or any other information relevant to your Membership.
7. You have been given the option of choosing a membership based on a fortnightly billing agreement.
8. Any free membership time cannot be applied towards the membership minimum term. Free membership time cannot be exchanged for other goods or for another tender, cash or discount.
9. Membership tags must be presented at reception prior to entry into the club. Entry will not be permitted without a current tag. Lost tags must be reported to reception for replacement. A $10.00 fee will be charged for replacement of membership tags.
10. Guests of members will be charged a Casual Membership Fee and must complete the Guest Register on arrival at each visit.
11. On joining, a photograph of you is required to allow Elixr to verify your identity each time you enter the club.
12. Members of Elixr must also become members of the Eastern Suburbs Leagues Club (“Easts”) as a condition of using the Elixr facilities (which are situated on Easts property). There shall be no additional fee for membership of Easts as this has been included in your Elixr membership. By signing the membership agreement, you are applying for and consenting to become a member of Easts.
13. You will receive marketing correspondence via electronic transmission on regular basis which may include (but not limited to) newsletters and promotional material. You may unsubscribe at any time.
14. We use CCTV in our clubs at all times for the safety, security and health of our members, guests and staff. If you have any enquiries in regard to the use of CCTV operation in our clubs, please contact our management team.
The Rules and Regulations, and the interpretation thereof, are subject to change at management discretion. Members should ensure that they are familiar with the current Terms and Conditions which can be found online at www.elixr.com.au.
15. Where you have entered into an Agreement for a Minimum Term, there is a seven (7) day Cooling-Off Period that begins on the (Join) date the agreement is signed (not applicable to transferred memberships), during which time you may terminate your Membership by delivering written notice to Elixr.
The following charges will apply;
(a) The cost of services provided by Elixr to you during this Cooling Off Period, and;
(b) An Administration Fee of $66.00.
16. Membership is limited to persons who are at least 14 years of age.
17. Members less than 16 years of age must be supervised by an adult when using club facilities. If you are under 16 years of age, your parent or guardian must complete your Pre-activity Readiness Questionnaire.
18. Time Freeze is granted on written application for MEDICAL, PREGNANCY and BUSINESS RELOCATION reasons for a minimum of two (2) consecutive weeks and fortnightly blocks thereafter up to a maximum of twenty-six (26) weeks within a 12 month period (based on membership effective date). The Freeze request must be accompanied by a doctor’s certificate (medical/pregnancy) or an employer’s letter (business relocation) at the time of the Freeze request. For all other reasons, Time Freeze is granted on written application for a minimum of two (2) weeks and fortnightly blocks thereafter up to a maximum of twelve (12) weeks.
Requests for Time Freeze must be submitted to Elixr in writing no less than 72 hours prior to the commencement of the Freeze. All membership dues must be paid up to date prior to a Freeze period. A time freeze cannot be applied during free time periods received from marketing campaigns, referral rewards or otherwise.
Members may not train in the club during the period of their requested Time Freeze.
A Time Freeze Fee of $10.00 per fortnight will be charged during any such Freeze period. Members with pre-paid memberships are required to settle Freeze Fees at the time of submitting their Request to Freeze.
The Minimum Term Agreement will be extended by the period of the Time Freeze, therefore the member will be obliged to pay the minimum term agreement amount in addition to the Time Freeze period.
Where the time freeze exceeds the 2 week minimum membership dues will be adjusted (pro-rata) for members returning to the club prior to the completion of their Time Freeze.
For members returning to the club earlier than the minimum two weekfreeze period, your freeze will become void and full membership dues will be charged.
When returning to the club at the completion of a Membership Time freeze for medical reasons, members acknowledge that they are returning to exercise at their own risk.
CANCELLATION OF MEMBERSHIP
19. Your Membership may be cancelled by Elixr if you do not adhere to the Guidelines, or your behaviour in Elixr is not acceptable or for any other reason that the management of Elixr decides is appropriate. Elixr reserves the right to refuse future Membership to you in these circumstances.
20. Except where set out elsewhere in this Agreement, cancellation within the Minimum Membership Term is only permitted by payment of a departure fee based upon the remaining period of your Minimum Membership Term. On a regular membership if between $460 and $860 remains owing a total of $460 is payable and if >$860 remains owing a total of 50% of remaining membership fees is payable plus $66 administration fee. On a 15 month membership if between $590 and $990 remains owing a total of $590 is payable and if >$990 remains owing a total of 50% of remaining membership fees is payable plus $130 administration fee.
21. The fortnightly debit automatically continues after the end of the Minimum Membership Term, unless your membership is cancelled four (4) weeks prior to the end of your Minimum Membership Term or anytime thereafter by notifying Elixr in writing of your intention to cancel. Membership will then be cancelled after two (2) further FULL fortnightly payments.
TRANSFER OF MEMBERSHIP DURING MINIMUM TERM
22. If you become unable to complete your Minimum Membership Term, you may transfer the Membership to a third party (as sourced by you) provided that an Administration Fee of $130 is paid. A minimum of six (6) debits must remain on your initial membership term and the third party must honour the remainder of the Minimum Membership Term, agreeing to be bound by the Terms and Conditions contained in this Agreement. You must notify Elixr in writing of any intention to transfer your Membership to a third party. A membership that has been transferred is non-transferrable. When transferring to a current/ex member of Elixr, the third party must have ended their membership at least twelve (12) weeks prior.
DOWNGRADING OF MEMBERSHIP DURING MINIMUM TERM
23. If you wish to downgrade your membership type, you will be required to complete a new membership agreement and commit to a new minimum term.
SICKNESS OR INCAPACITY
24. If you become unable to use the club facilities by reason of permanent physical/medical incapacity. In this circumstance you will need to provide Elixr Health Clubs with a medical certificate from a qualified medical practitioner clearly stating that you are permanently unable to exercise. Any cancellation will include the following charges;
(a) The cost of Services already provided by the Club, and;
(b) An Administration Fee of $66.00.
25. If you become unable to use the club facilities by reason of temporary physical/medical incapacity and provide a medical certificate from a qualified medical practitioner, you are entitled to Freeze your Membership for a minimum period of two (2) weeks up to a maximum period of twenty-six (26) weeks. However, you may not Freeze your Membership for a longer period than set out in the medical certificate. Your Membership will automatically recommence after the date you have specified in your written Request to Freeze, with no remaining Freeze facility available for any cause.
PERSONAL TRAINING AND THERAPIST SERVICES
26. From time to time, Elixr may avail licensees who offer services such as personal training, nutrition consultation and/or massage. Any claim you may have as a result of an act or failure to act by such a licensee (whether or not payment has been made to the licensee) will be brought against and will be the responsibility of that licensee.
You hereby release, indemnify and keep indemnified Elixr for any claim by you as a result of an act or omission by a licensee. You must notify Elixr immediately if you have a claim against a licensee. Elixr will always assist, where possible, to resolve any conflict or issues with licensees.
27. Personal trainers and therapists are available at Elixr and their services shall be taken up at your sole discretion.
BOOKINGS AND APPOINTMENTS
28. If you are unable to attend a scheduled class booking or appointment, fees may apply.
1. Classes -Elixr has a Fair Booking Policy for classes. Members will be charged $10 for each no-show class and $5 for each late cancelled class. Members will be charged this amount in fortnightly periods - in arrears alongside their fortnightly membership debit.
2. Programming - A $30.00 cancellation fee will apply to appointments missed or cancelled with less than twenty-four (24) hours of notice.
STUDENT, SENIOR, CORPORATE AND FAMILY ADD ON MEMBERSHIPS
29. If you qualify for a Student, Senior or Corporate Membership Package you will have a maximum of seven days from initial join date to provide Elixr Health Clubs with suitable proof. Your fortnightly membership fees will automatically revert to the equivalent regular membership fees if suitable proof cannot be provided within this period. If you qualify for a Family Add On Membership Package you will have to join with an active Elixr member. Your fortnightly membership fees will automatically revert to the equivalent regular membership fees where the Family Member does not go ahead with their membership within seven days from your initial join date.
30. Referral Rewards are not applicable to all membership types. Additional free time as a result of Referral Rewards cannot be applied towards the membership minimum term. Referral Rewards cannot be exchanged for other goods, services or for another tender, cash or discount.
31. You are required to complete a Pre-Exercise Questionnaire. You must notify Elixr of any change in your health and fitness so that your training regime can be appropriately modified. In the event of pregnancy, members must notify Elixr by completing a Pregnancy Authorisation to Exercise form and a Pregnancy Acknowledgement form before continuing to use the facilities.
32. Any advice and/or recommendation by an Elixr Fitness Instructor / Employee is not intended to constitute medical diagnosis or treatment, nor should it be relied on as a suggested course of medical treatment for a particular condition. If you are in doubt, you should obtain medical advice prior to commencing any
33. You must not use any Elixr facilities whilst suffering from any infections or contagious illness, disease or other ailment or whilst suffering from any physical ailment such as open cuts, sores, or minor infections where there is a risk (however small) to other members and guests.
MEMBER’S ASSUMPTION OF RISK
34. You are aware that the use of the premises and its facilities and your
participation in classes and programs conducted by Elixr may involve strenuous activity and special risks.
35. You warrant that you are physically able to participate in any classes/fitness program or use any club facilities in which you have chosen to participate and have not been advised otherwise by your medical practitioner. You further warrant that you have no pre-existing medical condition that would otherwise prevent you from using the club facilities and/or participating in any classes/fitness program.
You understand that you will be engaging in activities that may involve risk of personal injury or illness and which may also involve the risk of economic/property loss and damage. You also understand that there may be risks involved that are not known to you or to Elixr or may not be foreseen or reasonably foreseeable at this time or at the time of using the club facilities or participating in the class/fitness program. You assume the foregoing risks including risk of any negligence by Elixr and its respective owners, directors, officers, employees or agents, and accept personal responsibility for any injury (including but not limited to personal injury and disability), illness, damage, loss, claim, liability or expense of any kind or nature, that you may suffer arising out of or in connection with the use of club facilities or participation in classes/fitness programs by you, or any minor/person under your supervision, care or control.
LIMITATION OF LIABILITY
36. In consideration of the grant of Membership to you, you hereby release and forever discharge Elixr from all actions, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs and expenses howsoever arising that you may have incurred arising from or in connection with your Membership and/or use of Elixr facilities and equipment, or from being on club premises to the fullest extent permitted by law and whether caused or contributed to (directly or indirectly) by any act of negligence, breach of duty or default/omission on the part of Elixr and its respective owners, directors, officers, employees or agents.
37. In consideration of the grant of membership to you, you agree that Elixr will not be liable for any loss, damage or theft of any of your (or your guest’s) property except where caused by the gross negligence of Elixr. Further, Elixr will not be liable for any death, personal injury or illness occurring on club premises or as a result of use of facilities or equipment, except to the extent that it arises from the gross negligence of Elixr and its respective owners, directors, officers, employees or agents.
38. A Fortnightly Membership Debit may be paid by a nominated bank account or credit card. Payments made by credit card will attract a credit card processing fee.
39. On each occasion that a scheduled fortnightly payment is declined for any reason, the Member gives permission to Elixr to charge a Payment Declined Fee. The current decline fee of $10.00 may change without prior notice.
40. Should any payments, fees or other debts remain due but unpaid from any source, Elixr may suspend the Member’s use of the Membership Services until all fees and other debts are paid in full. If payment is not received the Membership may be cancelled.
Elixr engages the services of a Debt Collection agency to manage member accounts with an outstanding debt and reserves the right to invoke a reasonable Administration Fee on overdue accounts.
41. All fees and charges are subject to Clause 2 of this Agreement.
42. If you have opted to pre-pay your entire membership fee, any renewals thereafter must be for a minimum of 12 weeks and the payment must be received by Elixr before the membership expires.
43. SPECIFIC ACKNOWLEDGMENTS (All members undertaking fortnightly debit membership payments must acknowledge and agree to the following.)
i. Your nominated bank account is debited on a fortnightly basis. The number of debits and amount is determined by your Minimum Term at the club.
ii. Your Membership will continue after the Minimum Term, until you cancel your membership by providing Elixr with four (4) weeks written notice. Membership will then be cancelled after two (2) further full fortnightly debits.
iii. On joining you are required to pay a Joining Fee.
iv. Whenever a payment is declined or returned unpaid, the outstanding amount, together with an Administration Fee will be charged to you.
v. Payments will continue to be debited after the minimum term until the membership is cancelled by you in writing. You will be notified of the date the debits will cease when the cancellation request is received and approved by Elixr.
REMOTE COACHING/TRAINING (live and pre-recorded online classes)
44. You are aware that participation is at your own risk.
45. Use a suitable, non-slip floor space and remove any potential obstructions in the vicinity before you participate.
46. Avoid any activity if you have, or suspect you have any current health concerns, injuries, aches and pains.
47. Avoid the use of blades, weapons or sharp instruments of any description.
48. Only participate if you have sufficient suitability to participate.
49. Sessions will be recorded for legal purposes and will not be used for public use without your consent and knowledge.
Rules and Regulations (GUIDELINES)
CODE OF CONDUCT
The Code of Conduct must be adhered to by Members to maintain a safe and enjoyable environment. Members should respect the health and safety of each other while on the club premises and must comply with Occupational Health and Safety requirements of the club. Any internal signage displayed around the club forms part of the Membership Rules and Regulations and should be treated as part of the Code of Conduct. If a member is seen to be in breach of the Code of Conduct or Rules and Regulations, Elixr reserves the right to terminate the membership and take further action if deemed appropriate.
DAMAGE TO PROPERTY
Any member who causes damage to equipment or any property of Elixr will be held liable for damages. Members will be held responsible for damage caused by children or guests.
Members must wear covered training shoes in any cardio and weight training areas of the club and be suitably clothed at all times for safety and hygiene reasons.
All equipment must be returned after use in all areas of the club, in particular the return of free weights and benches. If participating in Group Exercise Classes in the studios, any equipment used must be replaced.
If your behaviour is deemed unacceptable in club, you may receive a written warning and future actions may result in termination of your membership.
Members and their guests acknowledge that the club premises are non-smoking.
GUESTS OF MEMBERS
Guests may enter the club premises on payment of a Casual Membership Fee, and on completion of the club’s Guest Register and a Pre-activity Readiness Questionnaire. Guests are subject to the Code of Conduct and the Guidelines, as notified from time to time on the Guest Register. All guests must be at least 14 years of age, be accompanied by you, and leave the club at the same time as you do. Children cannot be left unattended in the club or at reception at any time. A reference to members in this document include their guests.
HYGIENE AND CLEANLINESS
A clean sweat towel must be used at all times while training at the club (including classes and on mats). Members must wipe down all equipment after use.
Lockers are provided for use ONLY while the member is training in the club, and are used at the member’s own risk. While all care is taken, Elixr will not be held liable for any loss, damage or theft of belongings placed in lockers or brought on the premises. If a pin code cannot be remembered or locker number cannot be identified, belongings cannot be retrieved until the close of the club on the same day. Unclaimed property will be kept for 14 days and thereafter donated to charity.
PRIVACY AND SECURITY
As a member - for your safety, if you fall pregnant, your access to certain classes will be denied, as per the Pregnancy Acknowledgement form.
Members are only permitted to access studios under the supervision of an Elixr instructor or trainer. No glass bottles are to be taken into studios or on the Gym floor.
Members must shower before use. Children under the age of 14 years, pregnant women and individuals with high blood pressure should not use the steam rooms. Glass bottles and food are prohibited. Members must be suitably clothed or wearing a towel while in steam rooms.
SWIMMING POOL (where applicable)
Members must shower before using the pool and wear a swimming cap at all times while using the pool. Food and drinks are not permitted in the pool area. Lane direction and restrictions when lap swimming must be adhered to. The pool is unsupervised, hence children under the age of 16 must have adult supervision at all times. No running, diving or jumping is permitted in the pool area. Children may only use the pool when taking part in a supervised swimming lesson with Elixr Swim School and an Elixr Swim School instructor.