Terms & Conditions | South Pacific Health Clubs

MEMBERSHIP TERMS & CONDITIONS

Member Agreement

I understand that all Direct Debit Memberships will continue after the Minimum Term has elapsed and will only cease once I have completed the cancellation process outlined in this agreement, giving 2 debits notice. If an automatic Direct Debit arrangement is in place, membership fees will continue to be debited from my credit card or bank account, until the Club terminates the agreement. I also understand that all cancelled memberships will have a written confirmation provided by the Club and that my membership should not be considered cancelled until this has been received. If I terminate the membership agreement or stop the automatic debit arrangement in a manner not described in the agreement, I understand that I may be liable for the balance of this contract.

I hereby acknowledge the contractual and terms and conditions and will read and abide by the application, payment schedule and membership conditions above and on the reverse side of this application.

I hereby acknowledge and understand that the updated terms and conditions are displayed on the www.southpacifichc.com.au website and these are current for all memberships and supersede this agreement. It is my responsibility to read, understand and abide by these terms whilst I am a member at the club.  When alterations to the terms and conditions occur, South Pacific Health Clubs will provide reasonable notice in Club, at reception, the website and/or social media platforms to advise of any changes.

1. Terminology

  1. I understand for the purpose of the provisions below and overleaf, the term ‘Club’ shall include the South Pacific Health Club that your membership entitles you to visit, its management, associated companies, trusts, partnerships and other legal entities – their directors, officers, agents and affiliates, and 3rd party companies. 
  2. I understand that any reference to the term ‘Website’ means www.southpacifichc.com.au.  
  3. I understand that the ‘Minimum Term’ is used to reference the payment amount and contractual value of the agreement that I am entering and coincides with the payment schedule required to meet the minimum monetary contractual obligation 
  4. I understand the ‘Paid in Full’ membership refers to membership agreements that are paid in advance and not on a Direct Debit arrangement 

2. Membership Entitlement

  1. Immediately on payment of the required joining and membership fee as outlined in my Membership Agreement and acceptance of my membership application by the Club (subject to the ‘cooling off period’ described below), I acknowledge that I will be a member of the Club and I will be bound by the terms and conditions of membership set out and referred to in this document
  2. As a member of the Club I understand I am entitled to use the services and facilities of the Club as set out in my membership and only for the term of this membership subject to meeting the conditions contained in this agreement
  3. I understand that my responsibilities and entitlements, including payment of membership fees, do not depend on how often I use the facilities and services
  4. There are variations to facilities provided at different South Pacific Health Clubs sites, to ascertain what each Club provides, please enquire with that Club directly. There may be additional fees charged to access these services and facilities

3. MINIMUM AGE

Minors under the age of 18 years may be eligible for a membership subject to South Pacific Health Clubs Age Policy under the following terms and conditions:
  1. All minors who are under 13 years of age must be accompanied and supervised by an adult (parent, guardian or trainer) when using the Club facilities and are restricted to using cardio equipment and motor skill exercises only
  2. Minors of 13 to 15 years of age have unsupervised use of the cardio equipment and can perform body weight exercises within the gym, but are not permitted to use free weights or any weighted equipment
  3. The minor must attend an induction
  4. The minor must comply with all safety requirements of the Club as communicated
  5. The minor’s membership may be cancelled for inappropriate behaviour, misuse of equipment or failure to comply with safety requirements
  6. The minor must comply with applicable sections of the Age Policy available in club and on the website
  7. All minors can only access the club during staffed hours, subject to the specifications and exclusions listed in the Age Policy available in Club and updated and displayed on the website
  8. All minors must leave the club immediately when staffed hours have ended

4. SUSPENSION

I understand membership suspension is available under the terms of my membership agreement in accordance to the following conditions
  1. provided that all amounts payable for my membership are paid up to date at the time of the suspension request and there are no account arrears
  2. the minimum suspension term is 2 weeks
  3. the maximum suspension term is 8 weeks
  4. all suspensions must be made in 2-week blocks
  5. multiple suspensions can be processed providing the total time does not exceed 8 weeks per 12-month period
  6. request to suspend must be completed in Club or electronically
  7. memberships should not be considered suspended until I have received written confirmation of processing
  8. a membership cannot be placed on suspension during the 2-debit notice period
  9. a suspension fee applies – please check with Club administration for details
  10. any time on suspension will be added on to the Minimum Term of the membership agreement so that the sum of instalments payable for the minimum term or the number of payments shall still be payable regardless of any suspension or suspension charges made

5. MEMBERSHIP RENEWAL

I understand that if any amounts payable by me for my Paid In Full membership are not settled prior to the expiry date, my membership will be forfeited and I will be required to join as a new member, should I wish to continue to be a member of the Club. Renewal of this membership will be subject to availability and at the price applicable at the time of renewal if not renewed before expiration.

6. CANCELLATION

I understand that a request to cancel my membership must be completed in Club or submitted electronically. I understand membership cancellation is available under the terms of my membership agreement in accordance with the following conditions:

a. During Cooling Off Period:

  1. Memberships are subject to a five (5) business day cooling off period
  2. The Cooling Off Period applies to new memberships only and does not apply to renewals
  3. The Cooling Off Period starts from the date the agreement is entered in to (the date the agreement is signed) and ends at close of five (5) business days later
  4. The membership can be cancelled during the Cooling Off Period in club or electronically
  5. All monies paid will be refunded with the exception of an administration fee of $99
b. Permanent sickness or physical incapacity:
  1. Your Club requires a certified medical condition and documentation outlining that you cannot utilise any of the fitness services or facilities now or in the future, because of your permanent illness or physical incapacity in order to be considered for membership termination under clause 6b (within Minimum Term).
  2. Situations pertaining to clause 6bi will be assessed and reviewed on an individual basis upon submission of documentation outlined in clause 6bi.
c. Cancellation for any other reason (within Minimum Term):
  1. Membership agreements can be terminated prior to the expiry of the Minimum term (or payment amount) if all instalments and fees due are up to date and the membership account it not in arrears
  2. All memberships terminated under clause 6c will incur an early cancellation fee that must be paid in full at the time of cancelation request
  3. The cancelation fee for all early terminations is: $99 (the administration fee which has been waived by the Club in consideration of my entering into this membership) and $10 per fortnight debited up until the date of cancelation request (the discount granted to me in consideration of my entering into this membership)
d. Cancellation after the completion of Minimum Term:
  1. The request to cancel the membership can be completed in club or submitted electronically
  2. There will be a period of notice of 2 direct debits, unless otherwise specified in writing, from the date of cancelation request to the date of termination, during which any payments that fall due must be paid in full
  3. The notice period will exclude suspension or payment break time applied to the membership
  4. Any instalments/fees due at the date of termination (including instalments/fees which fall in the notice period) will remain a debt owed to and recoverable by the Club and relevant 3rd parties
  5. The membership shall not be considered cancelled until written confirmation provided by the Club is received
  6. If the membership agreement is a Direct Debit membership, unless written notice is provided prior to the end of the minimum period, membership fees will continue to be deducted until such time as a Request to Cancel is submitted and the Club is notified of the intent to cancel the membership
  7. If the membership is a Paid in Full membership it will terminate at the end of the term displayed on the membership agreement unless you renew prior to this date
e. Termination by South Pacific Heath Clubs
i. The Club reserves the right to terminate a membership agreement under the following circumstances:
1. Failure to comply with any of the criteria listed in the General Conditions of Entry clause 12 in the agreement
2. Failure to comply with any of the criteria displayed in the Club Etiquette guidelines displayed on the website and in Club
3. To protect the health and safety of both the agreement holder and other members
f. St Kilda only: Upon cancelling I understand I must return my parking card (should I have opted for one) or will be charged a $25 replacement fee

7. MEMBERSHIP AND SERVICES REFUND

I understand the membership fees, instalments, and payments for services are non-refundable after the Cooling Off Period as outlined in clause 6a. I understand any right to a refund will be limited to my right to terminate this Agreement pursuant to its terms or Australian Consumer Law. I will seek to discuss any concerns with the manager of the relevant Club.

8. MEMBERSHIP TRANSFER

I understand membership transfer is available under the terms of my membership agreement in accordance with the following conditions:
  1. The membership is a 12 month or greater minimum term or Direct Debit Agreement
  2. The membership is within minimum term
  3. The person nominated for transfer is a non-member of South Pacific Health Clubs and has not been a member in the past three (3) months.
  4. The Membership transfer fee of $75 is payable by either party and the membership shall not be considered transferred until fees are settled
  5. Transferees of a membership are subject to the same terms and conditions as the transferor and acknowledge that the most up to date terms and conditions are displayed on the www.southpacifichc.com.au website and these are current for all memberships and supersede this agreement.

9. INVESTMENT INCREASE

I acknowledge that management of the Club reserves the right to increase membership fees and associated costs at any time and will give 14 days written notice to me of any increase. If membership fees are increased, I authorise the Club to increase my direct debits to my credit card or bank account which I have authorised accordingly.

10. CHANGE OF MEMBERSHIP AND SERVICE

I acknowledge that the Club reserves the right to change conditions of membership, service, and operation of the premises without altering the membership agreement pricing.  This may include and is not limited to:
  1. Changing the operating hours (or staffed hours in a 24/7 club) to suit demand
  2. Changing the availabilities of facilities or services within the Club
  3. Closing off part of the premises or equipment for maintenance or safety reasons or other
  4. Changing the General Conditions of Entry (clause 12) listed in this agreement
  5. Changing and updating the membership terms and conditions displayed on the website
  6. Where this occurs South Pacific Health Club will provide reasonable notice in Club, at reception, the website and/or social media platforms

11. CHANGE OF OWNERSHIP

I understand that should the facility change ownership my membership and its terms will continue with the facility and its new management.

12. CHANGE OF ADDRESS

I acknowledge that I must keep the Club informed of any change to my address, telephone number, credit card details for payment and any other information relevant to my membership of the Club.

13. GENERAL CONDITIONS OF ENTRY

I understand, as a member of the Club, I am entitled to use the services and facilities of the Club only subject to meeting the conditions outlined below, failure to abide by these conditions may results in the suspension or termination of my membership:
a. ENTRY: Entry will be refused, or I may be requested to leave the Club if:
i. I am using abusive or threatening language or behaving in a threatening way
ii. I am failing to comply with any of the criteria displayed in the Club Etiquette guidelines displayed on the website and in Club
iii. I am under the influence of drugs or alcohol
iv. I am seen to be instructing other members when South Pacific Health Clubs has not authorised me to
v. I behave in any other way that is considered by the Club to be risky, offensive, or inappropriate
vi. I fail to produce my membership card for scanning at the reception desk, or supply the Club with my membership personal details
vii. I acknowledge that if I lose my membership card, there will be a $15 replacement fee ($25 if a 24/7 club card)
viii. These conditions apply to members, non-members, guests, and contractors
b. CONDUCT WITHIN CLUB: Members and guests are required to conduct themselves in a responsible and safe manner in accordance with these guidelines and the Club Etiquette guidelines in Club. I understand failure to comply with this clause may result in an immediate cessation of my training session
c. PERSONAL ATTIRE: Appropriate training attire must be worn at all times and is not limited to:
i. Closed toed shoes, excluding selected Mind Body classes (see Club for details)
ii. Singlet, T-shirt, or crop (i.e. no bare chest)
d. PERSONAL TRAINING: Personal Training services are available in Club for an additional fee, and in accordance with the terms listed below:
i. I understand the Club engages contractors to provide some of its services, including personal training
ii. I understand that any contractor payments for services will be made directly with said contractor
iii. I understand the Club differentiates between Club Trainers and Contract Trainers
iv. I understand that Club Trainer payments for services are made directly to the Club
v. I understand that services purchased from a Club Trainer are non-refundable in any circumstance subject to Australian Consumer Law
vi. I acknowledge that any claim which I might have as a result of an act or failure to act by a contractor, will be brought against and will be the responsibility of that contractor and not the Club
vii. I hereby release and will indemnify and keep indemnified the Club for any claim suffered by me as a result of an act by a contractor engaged by the Club
viii. Only authorised South Pacific Health Club Personal Trainers (Club Trainers and Contract Trainer) are permitted to train members in the Club
ix. Conducting personal training within the Club without being an approved Personal Trainer may result in the cancellation of my membership
e. TOWELS:
i. I will be required to use a towel for hygiene and safety
ii. Failure to use a towel may result in an immediate cessation of my training session
iii. Where available, towels are available to be purchased or hired from reception
f. ALLOWING THE CLUB TO USE YOUR IMAGE: sometimes there will be filming or photography in the club so it is possible I will appear in the background. By signing this agreement, I consent and allow South Pacific Health Clubs and to use my image in promotional and other business-related material deemed appropriate by the business, unless I have otherwise  advised in writing.
g. CCTV:  The Club uses Closed Circuit television:
i. I acknowledge that CCTV will be installed with appropriate applications within each club and surrounds as a strategic component for team member, member and contractor safety, crime, and misconduct prevention
ii. I consent to being filmed under CCTV for these purposes and understand that the Club will only use and store my image in accordance with it’s Privacy Statement
h. USE OF EQUIPMENT:
i. All equipment operating and safety guidelines must be followed
ii. If I am unsure how to use the equipment correctly, I will seek guidance from a club team member
iii. All equipment must be returned to a tidy and safe state – i.e.:
i. Weights racked
ii. Bars racked
iii. Plates unloaded from machines
iv. Attachments placed in storage containers
v. Group Fitness class equipment stored in accordance with room standards
i. RESPONSIBILITY FOR DAMAGE: I acknowledge that I am responsible for any damage which I or my guests may cause to the Club facilities if such damage is caused wilfully or negligently

14. APPOINTMENT POLICY AND PROCEDURE

I understand that if I book an appointment for Club services and cannot keep that appointment, I must give at least 24 hours notice of cancellation. If I do not arrive for the session or cancel less than 24 hours prior to the appointment, I may incur future appointment booking penalties and in some cases, I may be required to pay a cancellation fee, in the amount set by the Club from time to time

15. LOCKERS, VALUABLES AND LOST PROPERTY

Lockers are located throughout the Club and are available for use under the following conditions:
  1. I understand that lockers are not security devices
  2. I understand that the Club employees and contractors are not responsible for any loss or damage to personal property
  3. The Club is unable to look after my personal possessions (keys, wallets, phones etc.) whilst I am in the Club
  4. Personal items are not permitted to be stored in lockers overnight as lockers are cleaned daily. Any remaining items in lockers or handed to reception will be processed in accordance with the Club’s lost property policy available within Club.

16. GUESTS

I understand the introduction of guests is available under the terms of my membership agreement in accordance with the following conditions:
  1. All guests must sign a guest register upon entry to the club
  2. All guests must leave a form of identification with the Club prior to using the facilities and services
  3. There is a guest fee payable from time to time to be determined by the Club
  4. I acknowledge that the number of visits by a guest to the Club is at the discretion of the Club
  5. All guests must be accompanied by myself and must leave the Club when I do
  6. I acknowledge that I am responsible for their satisfactory conduct and safety whilst on Club premises and agree that they are only to use exercise equipment should they have a current exercise programme, either designed for the guest by the Club or a qualified consultant
  7. I acknowledge that I may not introduce a guest who is less than 13 years of age and that if I introduce a guest who is less than 18 years of age, I must supervise that guest at all times

17. DISCLAIMER

I hereby represent to the Club that I am physically capable of and there is no medical reason to prevent me from proceeding with the use of the Club facilities without endangering my health. I acknowledge that whilst on the Club premises, my person, my guests, my property, and my guest’s property are at my own risk. I acknowledge that I will not hold the Club responsible for and the Club hereby excludes, to the extent permitted by law, all liability for any personal injury or damage (whether direct, indirect, special or consequential) suffered by me or my guest or loss of property by me or my guest while I am on the Club premises or arising in any way out of the use of the facilities and the equipment provided by the Club, however that injury, damage or loss is caused, including if it is caused by negligence of the Club. I acknowledge that except as provided in this document the Club gives no warranties in respect of the facilities and equipment it provides. I hereby release and will indemnify and keep indemnified the Club for any injury or loss suffered by me while on the Club premises.

QUICKPAY PTY LTD DIRECT DEBIT REQUEST SERVICE AGREEMENT

DEFINITIONS

Account means the account held at your financial institution, from which we are authorised to arrange for funds to be debited
Agreement means this Direct Debit Request Service Agreement between you and us.
Business Day means a day other than a Saturday or a Sunday or a public holiday listed throughout Australia
Debit Day means the day that payment by you to us is due
Debit Payment means a particular transaction where a debit is made
Direct Debit Request or (DDR) means the Direct Debit Request between you and us (and includes any Form PD – C approved by us in the transitional period)
Us or We means Quickpay Pty Ltd, you have authorised by signing a Direct Debit Request
You mean the customer who signed the Direct Debit Request
Your Financial Institution is the financial institution where you hold the account that you have authorised us to debit

1. DEBITING YOUR ACCOUNT

1.1 By signing a DDR, you have authorised us to arrange for funds to be debited from your account. You should refer to the DDR and this agreement for the terms of the arrangement between you and us.

1.2 We will only arrange for funds to be debited from your account as authorised in the DDR OR

1.3 We will only arrange for funds to be debited from your account if we have sent to the address nominated by you in the DDR, a billing advice which specifies the amount payable by you to us and when it is due.

1.4 If the debit day falls on a day that is not a business day, we may direct your financial institution to debit your account on the following business day. If you are unsure about which day your account has or will be debited you should ask your financial institution.

1.5 By signing this document you hereby accept that Quickpay or its associated entities are not liable for any prepayment made on products or services that yet to be rendered. Any prepayments made are the responsibility of your provider and not Quickpay. If the provider is for any reason unable to refund any payments, you are hereby notified that Quickpay will not be liable for your prepaid funds.

2. CHANGES BY US

2.1 We may vary any details of this agreement or DDR at any time by giving you at least fourteen (14) days written notice.

3. CHANGES BY YOU

3.1 Subject to 3.2, 3.3, or 3.4 you may query the arrangements under a direct debit request by contacting us on 1300 659 537or contacting South Pacific Health Clubs Directly.

3.2 Deferment, cancellation or alteration to the debiting schedule outlined over the page will be considered subject to the terms and conditions of any contract/agreement between you and the payee named over the page.

3.3 Any cancellations made directly with Quickpay do not affect or terminate any contracts, agreements and/or payment obligations you have with the payee named over the page.

 

4. YOUR OBLIGATIONS

4.1 It is your responsibility to ensure that there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with the direct debit request (DDR).
4.2 If there are insufficient clear funds in your account to meet a direct debit payment:
a) You may be charged a fee and/or interest by your financial institution
b) You may also incur fees or charges payable to Quickpay; and
c) You must arrange for the debit payment to be made by another method or arrange for sufficient clear funds to be available by an agreed time so that we can process the debit payment
4.3 You should check your account statement to verify that the amounts debited to your account are correct.

5. DISPUTE

5.1 If you believe there has been an error in debiting your account, you should notify us directly on 1300 659 537. Confirm the notice in writing to us as soon as possible so that we may resolve your query quickly.

5.2 If we conclude as a result of our investigations that your account has been incorrectly debited we will arrange with your financial institution to adjust your account (including interest and charges) accordingly. We will also notify you in writing of the amount by which your account has been adjusted.

5.3 If we conclude as a result of our investigations that your account has not been incorrectly debited we will respond to your query by providing you with reasons and any evidence for this finding.

5.4 Any queries you have about an error made in debiting your account should be directed to South Pacific Health Clubs in the first instance so that the Club may attempt to resolve the matter. If South Pacific Health Clubs cannot resolve the matter you may still refer it to your financial institution which will obtain details from you of the disputed transaction and may lodge a claim on your behalf.

6. ACCOUNTS

6.1 You should check
a) With your financial institution whether direct debiting is available from your nominated account as direct debiting is not available on all account types
b) Your account details are correct by checking them against your bank statement; and
c) With your financial institution before completing the DDR if you have any queries on how to complete the DDR

7. CONFIDENTIALITY

7.1 We will keep any information (including your account details) in your DDR confidential. We will make reasonable effort to keep any such information 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.

7.2 We will only disclose information we have about you:

a) To the extent specified by law; or
b) For the purpose of this agreement (including disclosing information in connection with any query or claim)

8. NOTICE

8.1 If you wish to notify us in writing about anything relating to this agreement, you should write to the address at the top of the page.
8.2 We will notify you by sending a notice in the ordinary post to the address you have given us in the DDR.
8.3 Any notice will be deemed to have been received two (2) business days after it has been posted.

9. NOTICE OF DISCLOSURE (Privacy Act 1988)

9.1 We may give information about you to a credit reporting agency for the following purposes:

a) To obtain a consumer and commercial credit report about you, and/or

b) Allow the credit reporting agency to create or maintain a credit information file containing information about you

9.2 This information is limited to:

a) Identify particulars – your name, sex, address (and the previous two addresses), date of birth, name of employer, and driver’s license number

b) Your application for credit or commercial credit – the fact that you have applied for credit and the amount

c) The fact that we are a current credit provider to you

d) Repayments which are overdue by more than 60 days, and for which debt collection action has started

e) Advice that your repayments are no longer overdue in respect of any default that has been listed

f) Information that, in the opinion of us, you have committed a serious credit infringement (that is, acted fraudulently or shown an intention not to comply with your credit obligations)

Fees / Penalties

REPLACEMENT CARD

$15 – card replacement fee

$29 – 24 hours access replacement fee & locker card

USE OF YOUR ACCESS CARD BY ANOTHER

$145 non-compliance fee and termination of your membership

ALLOWING ANOTHER PERSON TO ENTER ON YOUR SCAN IN
(WHETHER THAT PERSON IS A MEMBER OR NOT)

$145 non-compliance fee and

  • A written warning if you’ve allowed a following member access
  • Termination if you’ve granted a non-member access

FOLLOWING ANOTHER MEMBER INTO THE CLUB WITHOUT SCANNING

$145 non-compliance fee and termination of your membership

ENTERING OFFICES, RECEPTION, CRÈCHE OR SAUNA AND STEAM AREAS

$245 non-compliance fee and

  • 
A written warning
  • 
Deactivation of your access card for a 6 month period

FALSE EMERGENCY CALLOUT (LANYARD OR PANIC BUTTON)

$145 fee and

  • Deactivation of access card for a 6 month period
  • 
Termination of membership if acted intentionally

INAPPROPRIATE USE INCLUDING BUT NOT LIMITED TO STEALING, CAUSING DAMAGE, INTIMIDATING BEHAVIOUR

  • Written warning or termination of membership
  • Reported to Police if necessary

NOT USING SAFETY CLIPS OR SAFETY BARS ON FREE WEIGHT RACKS AND BARS (THESE ARE THERE FOR YOUR SAFETY)

$45 non-compliance fee

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