Welcome to Goodlife Health Clubs. To ensure that Goodlife Health Clubs is able to provide a safe and comfortable environment for all members and staff, please assist us by ensuring that you comply with the following conditions. We advise you to only sign the membership agreement if you understand and agree with these conditions. The information outlined in these terms and conditions can / will be used in the event of a discrepancy.
By signing the agreement you are acknowledging and agreeing:
you have been given a copy of this agreement and agree to abide by the rules of membership;
you are medically sound to undertake a normal course of exercise, you use the club facilities at your sole risk and responsibility and you are aware that exercise is physically demanding and participation in some activities may pose a risk to your health; and
this agreement also relates to the member’s authority to DebitSuccess Pty Ltd or other debiting agent nominated by Goodlife from time to time to directly debit the nominated bank account or credit card for any instalments or fees due under the terms and conditions of this Agreement and Direct Debit Request. These terms and conditions are set out in this agreement and can also be accessed on the Goodlife Health Clubs website (goodlife.com.au).
In this Agreement unless the contrary intention appears:
The singular includes the plural and vice versa.
A reference to a party includes that party’s legal personal representative heirs and assigns.
“You” and "Member" refers to the name in which the membership account has been created, which at times may differ to the party paying for the membership, and includes the parent or guardian of the Member if the Member is under 18 years.
"Goodlife" and "Goodlife Health Clubs" means the "Goodlife Operations Pty Limited (ACN 120 953 200)" trading as "Goodlife Health Clubs" of PO Box 813 Morningside, QLD, 4170.
“Home Club” refers to the Goodlife Health Club where you joined and is named on your membership contract.
“Club’’ Refers to any Goodlife Health Club your membership entitles you to visit.
“DebitSuccess” is DebitSuccess Pty Ltd, PO Box 577, Mt Waverley, Vic, 3149, Phone: 1800 148 848, E-mail: [email protected] or other debiting agent nominated by Goodlife from time to time.
“Website” means the national Goodlife Health Clubs website at www.goodlife.com.au or such other website as notified to Members from the time to time.
All queries and comments about the services provided under this Agreement should be directed to the Home Club via the club’s contact details listed on the website.
All queries and comments about the direct debit billing service should be directed to DebitSuccess.
The Member acknowledges that DebitSuccess has been engaged by the Club to collect the fees due under this agreement if paying by way of direct debit, and also acknowledges that all rights of the Club under this Agreement are able to be enforced by DebitSuccess as if it were the Club without any involvement on the part of the Club or the consent of the Member.
All members must present their membership card (or photo ID) upon entry to the club at every visit.
You must scan your membership card and register your attendance for safety, security and insurance purposes.
If you lose your card or key tag, a replacement can be purchased from Reception upon providing proof of identification.
All ‘guest visitors’ to Goodlife Health Clubs are required to present photo identification upon every visit, complete the guest register, and otherwise comply with the terms relating to guest visits that are available on the website.
Entry to the Club may be refused as a result of unpaid or outstanding membership fees as detailed in this agreement.
GENERAL CONDITIONS OF ENTRY
To assist us in maintaining a safe and comfortable environment for all members and staff, you are required to abide by the following conditions and failure to abide by these conditions may result in the suspension or termination of your membership:
ENTRY: Entry will be refused or you may be requested to leave the Club if:
you are using abusive or threatening language or behaving in a threatening way; or
you are under the influence of drugs or alcohol.
NON-SMOKING: Goodlife Health Clubs are non-smoking facilities.
RELAXATION ZONES: Sauna, spa and relaxation zone areas are available in selected Clubs for male and female use and as such minimum standards of dress apply.
DRESS CODE: Fully enclosed, clean sports shoes must be worn during workouts for safety reasons, excluding Arena Championship Series and selected Mind Body classes (see in club for details). Members are required to wear a singlet or t-shirt at all times in the club. Clothing must be clean and tidy with no offensive prints or designs for the consideration of other members.
TOWELS: You are required to use a towel when participating in classes and when exercising on gym equipment to maintain hygiene and safety standards. You may be requested to cease training if you do not use a towel. Where available, you can purchase a towel from reception.
ILLEGAL ACTIVITIES: No illegal activities are permitted in the club, including but not limited to the use or sale of steroids or performance enhancing drugs.
CHILDREN: Minors under the age of 18 years may be eligible for a membership subject to Goodlife’s Age Policy (as updated and displayed on the website from time to time) and the following general terms and conditions:
the minor must attend a safety induction in order to be granted access to the club;
the minor must comply with all safety requirements of the club as communicated to the member from time to time;
the minor’s membership may be cancelled for any inappropriate behaviour, misuse of equipment or failure to comply with safety requirements;
the minor must comply with the applicable sections of the Age Policy available in club and on the website;
all minors must leave the club immediately once staffed hours have ended;
all minors can only access the club during staffed hours, subject to the qualifications and exclusions listed in the Age Policy available in club and on the website.
PERSONAL TRAINING: Personal training services are available for in clubs for an additional fee. Please contact your club for more information or see the personal training noticeboard and make contact with one of the Personal Trainers directly. Personal Trainers within Goodlife are contractors and all arrangements for personal training services and payments should be made directly with the Personal Trainer. Please note only authorized Goodlife registered Personal Trainers are permitted to train members in Goodlife clubs. Conducting personal training within a Goodlife club without being an approved Personal Trainer may result in the cancellation of your membership.
USE OF EQUIPMENT
For the safety of you and others, please follow all equipment operating and safety instructions on the equipment.
If you are not sure of correct use or operation of equipment please seek assistance from a Goodlife team member.
Where Functional Training Zones are available please seek assistance from a Personal Trainer if you are unfamiliar with the equipment or its safe and appropriate use.
You are required to return equipment to their original state when you have finished, including:
return weights and bars to their rack;
unload plates from machines and bars;
return equipment to its storage location in Group Fitness classes.
LOCKERS, VALUABLES AND LOST PROPERTY
Lockers are available and are located in the change rooms, however lockers are not security devices.
Goodlife employees or contractors are not responsible for any loss of, or damage to, personal property from the club or a locker, and Goodlife recommends that you keep all valuables with you while using the club.
Damage to, or the loss of locker keys, will incur a $25.00 charge.
Goodlife is unable to look after your personal possessions (keys and wallets for example) whilst you are in the club.
Bags are not permitted on the gym floor for safety reasons.
Personal items are not permitted to be stored in lockers overnight, and lockers are cleared daily. Any items remaining in lockers or handed into Reception will be held for two weeks and then donated to charity.
Membership at Goodlife Health Clubs entitles you to:
Work out as many times as you wish in a given period.
Participate in normally scheduled Group Fitness classes. Additional fees may apply for specific group fitness programs or challenges including, but not limited to; Arena Championship Series, Arena Fit Series, Yoga Box and Small Group Training.
Use exercise equipment located on the gym floor and cardiovascular training areas.
Where applicable, use the other facilities including pool, steam, sauna and other Relaxation Zone facilities.
Where applicable, use squash, tennis and volleyball facilities where additional fees may apply.
There are variations in the facilities and services provided at different Goodlife Clubs. To ascertain exactly what a particular Club provides in addition to the above entitlements, please enquire at the Club directly. There may be additional fees charged to access these facilities and services.
Goodlife reserves the right to make changes to:
exercise equipment supplied in any of its Clubs at any time or
the Group Fitness timetable at any time (ie. alter class type, times and instructors).
Membership at Goodlife Health Clubs requires you to:
Update your contact details with your club when they change.
Comply with all Conditions of Entry (see in Club signage) and the guidelines in this agreement.
Pay all agreed fees, ensure sufficient funds are available to cover all fees and advise us in advance if your bank account or credit card is closed or changed.
Inform us in advance if there are any risks to your health if you participate in fitness services and if required seek approval from your Doctor or General Practitioner.
You acknowledge that it is your responsibility to cancel direct debit facilities in respect of your membership when this agreement expires or is terminated.
SPECIAL CONDITIONS FOR CERTAIN MEMBERSHIP TYPES
If there are special conditions or benefits relating to your membership type, these will be displayed on the website form and part of your membership agreement.
If your membership or joining promotion entitles you to free time, you will not be charged your weekly fees for use of the club during the specified period of free time, and you agree that the term of your membership shall be extended by the specified period of free time.
OVERDUE FEES & REVOCATION OF MEMBERSHIP ENTITLEMENTS
All entitlements and entry into any Goodlife Health Club is revoked if a member’s account is in arrears in excess of $50.00.
If your automatic direct debit reverses or is returned to us by your financial institution the following process will apply:
Goodlife or DebitSuccess will attempt to contact you about retrying the debit.
If the debit remains outstanding it will be processed within 14 days of the reversal with any reversal and late fees that apply.
If you fail to pay us the fees by the due date, we are entitled to refuse you entry to the Club.
If unpaid fees remain outstanding and after attempts by us to rectify the arrears, your membership may be forwarded to a collection agency for further action.
Goodlife reserves the right to vary the process set out in this clause 11 by providing you with one month advance written notice of any changes.
CANCELLATION / TERMINATION
A cancellation request should be provided to your club as follows:
During Cooling Off Period:
Your membership is subject to a 7 day cooling off period.
The cooling off period applies to new memberships only and does not apply to membership transfers or renewals.
The cooling off period starts from the date the agreement is entered into (the date the agreement is signed) and ends at close of business 7 days later.
Your membership can be cancelled during the cooling off period by contacting your home club via the club contact details as listed on the website.
All monies paid will be refunded with the exception of an administration fee of $99 which shall be payable by the member if your Goodlife membership card and/or 24.7 access pass or any other merchandise you received on joining are not returned.
Goodlife may require an additional payment to recover costs in relation to any fitness services provided to the member within this period.
Permanent Sickness or Physical Incapacity:
Goodlife requires a medical certificate stating that you cannot utilise any fitness services or facilities because of your permanent illness or physical incapacity.
Goodlife may agree to cancel the membership upon payment of a cancellation fee of 10% of the minimum membership fee or $75.00 (whichever is less).
Cancellation for any other reason (within minimum term):
You may terminate your membership agreement before the expiry of the minimum term (or payment amount) if all instalments and fees due up to the date of termination are paid and the relevant cancellation fee is paid in full at time of cancellation request.
The cancellation fee, if more than 6 months remaining on the minimum term of the Agreement, is $245 and, if there is less than 6 months remaining on the minimum term of the Agreement, is $195.
Goodlife requires you to contact your home club via the club contact details as listed on the website advising of your cancellation request..
Cancellations after completion of Minimum Term:
Goodlife requires you to contact your home club via the club contact details as listed on the website advising of your cancellation request.
There will be a period of notice of 30 days (or in SA - the specified supply period), unless otherwise specified, from the date of cancellation request to the date of termination, during which any payments that fall due must be paid in full.
The notice period will exclude suspension or payment break time applied to your membership.
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 Goodlife and/or DebitSuccess.
You shall not consider that your membership agreement has been terminated until such time as this is confirmed in writing to you by DebitSuccess (not more than 14 days after the termination date). Termination of your membership agreement will also terminate the Direct Debit Request Authority.
Ongoing Membership Agreements:
After the expiry of the minimum term payments and after all instalments and fees due have been paid in full, should the box on the front of this Agreement requesting termination at minimum term be marked then this Agreement shall automatically terminate.
Should the box on the front of this Agreement requesting termination after the minimum term not be marked, then this Agreement shall continue indefinitely until such time as the Member makes a request, after the expiry of the minimum term for it to terminate. Refer to notice period in section 12.(d).
Termination by Goodlife Health Clubs
Goodlife reserves the right to terminate this membership agreement in accordance with the following conditions:
Failure to abide by any of the criteria listed in the Conditions of Entry (posted in your Club) or the items listed in this agreement.
Action upon a complaint by either a Club member, employee or contractor of Goodlife Health Clubs.
The temporary or permanent closure of the club where a suitable replacement club is not available for the membership to transfer.
Any other reason in the interests of protecting the health and safety of you or other members.
NON STAFFED 24 HOUR OPERATION (Applicable to any member utilising a 24.7 club as listed on the Goodlife Website).
You acknowledge and agree that upon receiving a 24.7 access pass you have completed a Goodlife 24.7 safety induction and have completed and agreed to abide by the terms and conditions set out in the Goodlife 24.7 waiver or 24.7 Access Policy.
Members under the age of 18yrs are not able to access Goodlife clubs during unstaffed hours.
You acknowledge and understand that Closed Circuit Television will be installed within appropriate applications within each club and surrounds as a strategic component for team member, member and contractor safety and crime and misconduct prevention.
You consent to being filmed under CCTV for these purposes and understand that Goodlife will only use and store your image in accordance with its Privacy Statement and CCTV Policy.
TRANSFER OF MEMBERSHIP BY THE MEMBER
You may transfer your membership in the following circumstances at Goodlife’s discretion:
the membership is a 12 month or greater, direct debit membership; and
the membership is within the minimum term; and
the person you are transferring the membership to is a non-member of Goodlife and has not been a member of Goodlife in the past 3 months.
Upon transfer, you must pay a transfer fee of $65.00, and the new member will be required to pay an additional fee of $99.00 for membership set-up.
Transfers are subject to Goodlife’s normal membership terms and conditions, however no cooling off period shall apply to the new member.
The terms of the membership agreement and the club that the membership is associated with remain unchanged.
DAMAGE & PERSONAL INJURY
To the extent permitted by law, Goodlife and DebitSuccess excludes any liability to the Member in Agreement, tort, statute or in any other way for any injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by the Member and/or any other person, or for any costs, charges or expenses incurred by the Member, arising from or in connection with this Membership Agreement and/or the services/products provided by Goodlife and/or DebitSuccess, and/or any act or omission of Goodlife and/or DebitSuccess.
SAFETY, MAINTENANCE & SERVICE DEMAND
From time to time Goodlife may be required to make changes to the operation of the premises, these may include:
Changing the operating (or staffed hours in a 24.7 club) hours to suit demand.
Changing the availability of facilities or services within the Club.
Closing off part of the premises or equipment for maintenance or safety reasons.
Changing Conditions of Entry or Club Rules.
Where this occurs Goodlife will provide reasonable notice on the Club notice boards and at reception.
Normal pool safety rules apply for the safety and convenience of all users, with full details posted on each Club’s pool deck.
Pool areas are not supervised and use of these facilities is at your own risk.
For your own safety, the Pool/Spa and relaxation zones cannot be accessed during unstaffed hours in a 24.7 club.
Suspension of payments may be possible under the terms of your Membership Agreement. Payments may be suspended for a minimum of 2 weeks at a time so long as the total time suspended within 12 months does not exceed 4 weeks. In order to suspend payments you should contact DebitSuccess at least 3 days prior to the date of the first suspended payment. Any time spent on suspension will be added onto the minimum term of the Membership Agreement so that the sum of the instalments payable for the minimum term or number of payments shall still be payable regardless of any suspension or suspension charges made.
ACTIVE PLUS & SUPER CLUB MEMBERSHIPS: No suspension fee shall apply for the maximum period of time listed in section 19 (a).
OTHER MEMBERSHIPS: There is a charge of $5.00 per week while the Membership Agreement is suspended unless a different fee is specified on the front of your membership agreement.
PAYMENTS BY DIRECT DEBIT
If paying by Direct Debit:
a one-off administration fee $99.00 is payable by the Member on the signing of this Agreement (the fee is split $10.00 to DebitSuccess and the balance to Goodlife); and
the Member agrees to pay the instalment amount at the agreed payment frequency until this Agreement is terminated in accordance with clause 12.
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.
Your “personal information” (as that term is defined in the Privacy Act 1988 (Cth)) will only be used by Goodlife or DebitSuccess to provide you with the services contemplated by this Agreement.
DebitSuccess’ Privacy Statement can be obtained from its website www.debitsuccess.com.
Goodlife’s Privacy Statement can be obtained from its website www.goodlife.com.au.
DEBT COLLECTION AGENCIES
If paying by Direct Debit, upon default by you in regard to any obligation under this Agreement and failure to remedy the default after notification by DebitSuccess:
you authorise DebitSuccess to notify any debt collection agency of the default;
DebitSuccess may, at its sole discretion, 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; and
you authorise 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.
INCREASE IN FEES
If paying by Direct Debit, Goodlife / DebitSuccess may at any time AFTER the end of the minimum term, upon sending written notice to your last known email or postal address and giving 14 days notice, increase the instalment amount.
If you wish to terminate your membership agreement as a result of the increase in the instalment amount, you must must notify Goodlife / DebitSuccess in writing within 14 days of the date of the written notice sent by Goodlife / DebitSuccess. The membership agreement will be terminated upon receipt of this notice.
If you do not notify Goodlife / DebitSuccess of your intention to terminate your membership within such specified time period, then your membership agreement will remain in force and the increase in the instalment amount will be deemed to be accepted by you.
This Agreement and its Annexures, the DDR Service Agreement (if paying by Direct Debit), and any Special Terms & Conditions listed on the website constitute the entire agreement, understanding and arrangement (express and implied) between the Member, Goodlife and DebitSuccess relating to the subject matter of this Agreement and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.
The issuer of the billing service is Debitsuccess Pty Ltd (ABN 32 095 551 581). Debitsuccess is an Authorised Representative (AR 407894) of Transaction Services Holdings Limited (AFSL 338256).
ANNEXURE A - STATE SPECIFIC CLAUSES
The following definitions and terms apply to South Australian Memberships only.
If Periodic Agreement: the membership will continue until terminated by you or by Goodlife.
If Fixed Term Agreement: the membership is for a fixed term only and if further membership periods are required a new agreement will be required.
Supply Period: the supply period for supply of goods and services is a minimum of 2 weeks.
Please cancel any direct debit authorisation for payments under this agreement for:
Periodic Agreement: upon termination of the agreement; or
Fixed Term Agreement: either at the end of the fixed term or on earlier termination.
Clause 14: Warning under the Fair Trading Act 1999
a. If you participate in these activities your rights to sue the supplier under the Fair Trading Act 1999 if you are killed or injured because the activities were not supplied with due care and skill or were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in or on this notice/appointment.
NOTE: The change to your rights, as set out in or on this notice, does not apply if your death or injury is due to gross negligence on the supplier’s part. “Gross negligence” is defined in the Fair Trading (Recreational Services) Regulations
b. Under the provisions of the Fair Trading Act 1999 several conditions are implied into Membership Agreements for the supply of certain goods and services. These conditions 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
*as fit for the purpose for which they are commonly bought as it is reasonable to expect in the circumstances; and
*reasonably fit for any particular purpose or might reasonably be expected to achieve any result you have made known to the supplier.
Under section 32N of the Fair Trading Act 1999, the supplier is entitled to ask you to agree that these conditions do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Fair Trading Act 1999 if you are killed or injured because the services were not rendered with due care and skill or they were not reasonably fit for their purpose, 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” is defined in the Fair Trading Recreational Services) Regulations 2004.
This agreement is subject to a 48 hour cooling off period, however in line with clause 12(a) Goodlife Health Clubs offers a 7 day cooling off period.
Clause 12(e) is presented as follows:
In accordance with Clause 12, the Member may terminate this Agreement before the expiry of the minimum term or payments only if all the instalments and fees due up to the date of the expiry of the minimum term are paid. After the expiry of the minimum term or payments, and after all instalments and fees due have been paid in full, should the box on the front of this Agreement requesting termination at minimum term be marked then this Agreement shall automatically terminate.
Should the box on the front of this Agreement requesting termination after the minimum term not be marked, then this is an ongoing membership agreement. The Agreement will continue until either you or the supplier terminates 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 your fitness centre 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 fitness centre for damages for breach of contract.
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 Goodlife and/or DebitSuccess. The Member shall not consider that this Agreement 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 this Agreement will also terminate the Direct Debit Request Authority.
ANNEXURE B - DIRECT DEBIT REQUEST (DDR) TERMS AND CONDITIONS
1. INITIAL TERMS
DebitSuccess will debit your nominated account for the amounts and at the frequency of payments as agreed between us on the DebitSuccess DDR Membership Agreement signed and accepted by you.
2. CHANGE OF TERMS
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.
3. DEFERRING OR STOPPING A PAYMENT
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
4. ALTERING THE SCHEDULE
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 1-800 040 576). Any changes made will not affect the total amount you would otherwise have paid over the minimum term of your Contract.
5. SUSPENDING THE PAYMENTS
Suspension of payments may be possible under the terms of your Membership Agreement. Payments may be suspended for a minimum of 2 weeks at a time so long as the total time suspended within 12 months does not exceed 4 weeks. In order to suspend payments you should contact DebitSuccess at least 3 days prior to the date of the first suspended payment. There is a charge of $5.00 per week while the Membership Agreement is suspended unless a different fee is specified on the front of this Contract. Any time spent on suspension will be added onto the minimum term of the Membership Agreement so that the sum of the instalments payable for the minimum term or number of payments shall still be payable regardless of any suspension or suspension charges made.
6. CANCELLING THE PAYMENTS
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 Membership Agreement 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.
8. NON-WORKING DAY
When the day to debit falls on a weekend or public holiday the debit will be initiated on the next working day.
9. DISHONOURED PAYMENTS
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 18 Debt Collection Agencies).
All enquiries should be directed to DebitSuccess and should be made at least 1 working day prior to the next scheduled debit date.
11. YOUR OTHER RESPONSIBILITIES
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.