Terms and Conditions

Street FX Newcastle

Unit 2
6 Torrens Avenue,
Cardiff NSW 2265
Email:
info@streetfxnewcastle.com.au
Terms and Conditions of Membership
Your initial membership term will be for the period commencing on the Membership Start Date or the Direct Deposit Start Date and ending on the Initial Term Expiry Date of 3 months. After the end of the Initial Term, your membership will continue on a monthly basis (Continuing Membership Period) until you terminate your membership by completing our cancellation request form at the StreetFX and giving us 30 days notice in writing. The weekly membership fee payable during any Continuing Membership Period will be the same as the debit rate set out in the table below until we give 30 days written notice to you of any change to the weekly membership fee. This is an ongoing membership agreement. The agreement will continue until either you or the supplier terminate it in the way described in the agreement.
During the Initial Term and any Continuing Membership Period you agree to pay the applicable membership fee on a weekly basis in accordance with the terms of this Agreement. The weekly fee and other joining fees payable by you are set out in the table below.
You agree to comply with the terms of this Agreement.
THIS AGREEMENT IS SUBJECT TO A 7 DAY COOLING OFF PERIOD.
1. Prices stated in this Agreement are inclusive of GST.
2. You acknowledge and agree that:
a. The weekly payments will be debited from the bank account/credit card authorised by you. You agree to sign all documents necessary to ensure that the weekly payments can be made by direct debit.
b. The length of the Initial Term has been discussed with you and you agree that the weekly direct debits are payable until the Initial Term Expiry and during any Continuing Membership Period even if you do not use StreetFX.
c. After the 7 day cooling off period has expired (see the paragraph headed “7 day cooling off period” below) you are not entitled to cancel your membership during the Initial Term except in the circumstances set out below under the paragraph headed “Cancellation”.
d. It is your responsibility to ensure sufficient funds are in the nominated account when the weekly payments are to be drawn and if a debt is unsuccessful you will be responsible for any administration fees and/or collection fees. We may, in our absolute discretion, debt up to a maximum of three standard weekly debit amounts without notice should the prior debts be unsuccessfully processed.
e. If the authorised bank account/credit card is cancelled/closed or a payment amount disputed, a charge of $25.00 may apply and any overdue payment will immediately become payable.
f. Membership fees are payable whether or not you have utilised the Gym facilities.
g. The membership fees are non-refundable.
3. Privacy: The personal information that we collect from you (including your name, address, date of birth, driver’s licence number and other information about you) has been collected for the primary purpose of facilitating the provision of our services to you. You agree that we may also disclose your personal information to, our professional advisers, debt collection service providers, or government authorities or organisations as required or authorised by law. The information will be stored on a network database and may also be used for internal administrative purposes, debt collection purposes or to communicate offers and membership benefits, newsletters and special events to you. You may request access to your personal information by contacting us during normal business hours at the contact number or email address set out above. If you do not provide all or part of the personal information requested it may not be possible for us to make our services available to you.
4. Rules: You agree to abide by all membership rules and regulations of this StreetFX
5. Payments: Unless cancelled as provided in this Agreement, you will be responsible for all payments due and owing under this Agreement, even if you do not use our facilities and services. However, in the event of death or disability, liability of fees will terminate as of the date of death or disability. If StreetFX’s facilities become temporarily unavailable due to an event such as a fire, flood, loss of lease, or the like, we will extend your membership privileges for the period the facilities were unavailable.
6. Member Assumption of Risk and Release: You understand and accept the risk of injury from StreetFX activities and using any gym equipment is significant, including the potential for permanent injury and death, you knowingly and freely assume all such risks, both known and unknown. You acknowledge that this is an unsupervised fitness club and you assume all risks associated with using exercise equipment. You hereby release, indemnify, and hold harmless StreetFX, owners, officers, affiliates, agents and employees, other participants, sponsoring agencies, sponsors, advertisers and, if applicable, owners and lassoers of premises used to conduct any sponsored event (Releases), with respect to any and all injury, disability, death, or loss or damage to person or property, whether arising from the negligence of the releases or otherwise, that may arise out of or in connection with your use of the equipment or the facilities of StreetFX or any incident that occurs while using StreetFX’s facilities or engaging in StreetFX activities on or off the premises or otherwise related to your membership. You expressly agree that this release is intended to be as broad and inclusive as permitted by the laws of the state o NSW and if a portion of this release is held invalid, the balance shall remain in full force and effect. This release shall apply to your heirs and assigns and. in the case of a family membership, to any minor included in your membership and on whose behalf you hereby sign as parent/guardian. You understand that StreetFX is relying on this release in agreeing to enter into this Agreement.
7. Minors: As a parent and/or guardian of a minor, you hereby agree to be fully responsible for any and all actions, damages, injuries, or loss to property or person, performed by the minor with or without your supervision in StreetFX. You further agree that any breach of StreetFX’s policies on the minor’s part may constitute a loss of minors and/or your membership privileges.
8. Warranty: You warrant that all information that you have provided to us is accurate and true. You further warrant and represent that you do not have any medical or mental condition or disability; or disease, which could be become worse during exercise or result in damage to your health if you exercise or engage in any physical activity at StreetFX.
9. Australian Consumer Law, Exclusions and Limitations: You have certain rights under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law in connection with the goods and services that we supply to you. The only conditions, warranties or guarantees which are binding on us in respect of the services or any goods or advice supplied by us, our employees, servants or agents to you are those imposed or required to be binding by statute (including the Competition and Consumer Act 2010 (Cth)) and those (if any) expressly set out in this Agreement. To the extent permitted by law, all other conditions, warranties and guarantees are expressly excluded.
10. Safety Notices:
Personal training services provided in StreetFX may be provided either by employees or by independent contractors operating their own business.
You have access to a free orientation to the facility and the proper use of its equipment.
Horseplay, vulgar language, abuse of the equipment, working out while intoxicated, or other inappropriate behaviours will not be tolerated and may result in the suspension or cancellation of your membership, and a cancellation fee of up to $250.00 being immediately payable.
11. Your right to cancel:
7 Day Cooling off Period: If you wish to cancel this Agreement, you may cancel by delivering or mailing a written notice. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed before midnight of the seventh day after you sign this Agreement.
Cancellation fees are applicable if you cancel due to medical reasons. Should you cancel due to medical reasons and you are on a periodic payment plan, StreetFX will terminate the agreement upon the receipt of an early termination fee of $50 or 1 month of membership fees, whichever is the greater. If you are on a pre-paid contract, StreetFX will refund to you, within 10 days of the cancellation date, the pro-rata balance of your membership less an early termination fee of $50 or 1 month of membership fees, whichever is the greater
Cancellation after the Initial Term Expiry Date: You can cancel your membership after the Initial Period if you give us 30 days notice. Your cancellation notice must be in writing and delivered to the StrretFX during manned office hours. Your 30 days notice commences on your next direct debit date.
12. Late Fees: You agree to pay a $25.00 late fee if your weekly payment is received past the due date and/or any fee associated with returned payments or non-payment of dues. Should you default, you agree to pay all collection costs including agency fees or administration charges, court or arbitration costs and reasonable attorney fees, which may be paid or incurred by StreetFX. You agree that StreetFX or a third party, and their agents and assigns may send communications to you including late payment notifications and other related correspondence.
13. Assignment: You have no right to assign or otherwise transfer your rights under this Agreement to any other person. We may assign this Agreement to another Anytime Fitness® Club.
14. Ongoing Agreement: This is an ongoing membership agreement. The agreement will continue until either you or the supplier terminate 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 StreetFX 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 StreetFX for damages for breach of contract.