12 months + 1 month free |
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$ 770 AUD |
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6 Months |
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$ 410 AUD |
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Membership Agreement Form: Single Payment
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
UNDER THE AUSTRALIAN CONSUMER LAW (VICTORIA), SEVERAL STATUTORY GUARANTEES APPLY TO THE SUPPLY OF CERTAIN GOODS AND SERVICES. THESE GUARANTEES MEAN THAT THE SUPPLIER NAMED ON THIS FORM IS REQUIRED TO ENSURE THAT THE RECREATIONAL SERVICES IT SUPPLIES TO YOU—
• ARE RENDERED WITH DUE CARE AND SKILL; AND
• ARE REASONABLY FIT FOR ANY PURPOSE WHICH YOU, EITHER EXPRESSLY OR BY IMPLICATION, MAKE KNOWN TO THE SUPPLIER; AND
• MIGHT REASONABLY BE EXPECTED TO ACHIEVE ANY RESULT YOU HAVE MADE KNOWN TO THE SUPPLIER.
UNDER SECTION 22 OF THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012, THE SUPPLIER IS ENTITLED TO ASK YOU TO AGREE THAT THESE STATUTORY GUARANTEES DO NOT APPLY TO YOU. IF YOU SIGN THIS FORM, YOU WILL BE AGREEING THAT YOUR RIGHTS TO SUE THE SUPPLIER UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 IF YOU ARE KILLED OR INJURED BECAUSE THE SERVICES PROVIDED WERE NOT IN ACCORDANCE WITH THESE GUARANTEES, ARE EXCLUDED, RESTRICTED OR MODIFIED IN THE WAY SET OUT IN THIS FORM.
NOTE: THE CHANGE TO YOUR RIGHTS, AS SET OUT IN THIS FORM, DOES NOT APPLY IF YOUR DEATH OR INJURY IS DUE TO GROSS NEGLIGENCE ON THE SUPPLIER'S PART. GROSS NEGLIGENCE, IN RELATION TO AN ACT OR OMISSION, MEANS DOING THE ACT OR OMITTING TO DO AN ACT WITH RECKLESS DISREGARD, WITH OR WITHOUT CONSCIOUSNESS, FOR THE CONSEQUENCES OF THE ACT OR OMISSION. SEE REGULATION 5 OF THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING REGULATIONS 2012 AND SECTION 22(3)(B) OF THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
TERMS AND CONDITIONS
I HEREBY APPLY TO BE INSTRUCTED AT TOP FITNESS GYM. IF MY APPLICATION IS ACCEPTED THEN IN CONSIDERATION OF THE ASSOCIATION AGREEING TO GIVE OR GIVING ME INSTRUCTION AND/OR ACCEPTING OR AGREEING TO ACCEPT PAYMENT FOR INSTRUCTION
I HEREBY AGREE AND UNDERSTAND THAT:
1. I COVENANT PERSONALLY AND FOR MY HEIRS, ADMINISTRATORS AND EXECUTORS NOT TO HOLD TOP FITNESS GYM RESPONSIBLE FOR NOR TO TAKE OR MAKE ANY ACTION, SUIT, CLAIM, DEMAND COST OR EXPENSE OF ANY DESCRIPTION WHAT SO EVER, INCLUDING INSTRUCTORS, STUDENTS, SHAREHOLDERS OR DIRECTORS AND HEREBY RELEASE AND FOREVER DISCHARGE AND AGREE TO INDEMNIFY AND KEEP INDEMNIFIED TOP FITNESS GYM
2. I WILL OBEY AND ABIDE BY ALL RULES, REGULATIONS, ORDERS AND/OR DECISIONS OF TOP FITNESS GYM, ITS SERVANTS, AGENTS, EXECUTIVES, AND STUDENTS/INSTRUCTORS.
3. THE PROVIDED INFORMATION, WHICH I UNDERSTAND IS FUNDAMENTAL TO THIS APPLICATION, IS TRUE AND CORRECT IN EVERY PARTICULAR.
4. IN THE EVENT OF TEMPORARY BUSINESS CLOSURE MY DIRECT DEBIT MEMBERSHIP CAN BE SUSPENDED OR BE CONTINUED ON REQUEST TO ACT AS CREDIT ON REOPENING. THERE ARE NO REFUNDS ON OTHER PACKAGES. PRE-PAID MEMBERSHIPS WILL BE CREDITED FROM THE TIME OF CLOSING TO REOPENING. IN THE EVENT OF PERMANENT CLOSURE THERE ARE NO REFUNDS ON SERVICES ALREADY RENDERED FOR PRE-PAID MEMBERSHIPS, PACKAGES AND DIRECT DEBITS. DIRECT DEBITS TO BE CANCELLED ON TIME OF PERMANENT CLOSURE.
5. I ACCEPT THAT THIS IS A BINDING AGREEMENT WHICH SHALL NOT BE CANCELLED BY ME.
6. I ACCEPT THAT I AM RESPONSIBLE FOR MYSELF, AND ACCEPT LIABILITY FOR ANY HARM OR DAMAGE I CAUSE TO MYSELF, ANOTHER PERSON OR PROPERTY, AND THAT OF ANY MINORS I AM RESPONSIBLE FOR OR HAVE ASSUMED RESPONSIBILITY OVER.
7. I AGREE TO BEHAVE AT ALL TIMES IN OR AROUND THE PREMISES, OR IN ASSOCIATION WITH TOP FITNESS, IN A SAFE AND RESPECTFUL MANNER.
8. I ACCEPT TO NEVER OPERATE, USE OR TOUCH IN ANY WAY, ANY EQUIPMENT WHILE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL, OR UNDER ANY OTHER INFLUENCE WHICH AFFECTS COGNITIVE AND/OR MOTOR ABILITIES.
9. I ACCEPT THAT IF I, OR ANY MINORS/DEPENDANTS I AM RESPONSIBLE FOR, ARE KILLED OR INJURED WHILE ENGAGING IN THE SERVICES OF TOP FITNESS, OR WHILE I, OR ANY MINORS/DEPENDANTS I AM RESPONSIBLE FOR, ARE ON THE PROPERY OR AROUND THE PROPERY OF TOP FITNESS, TOP FITNESS AND ANY OF ITS ASSOCIATES ARE NOT LIABLE.
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