SUMHIIT Fitness Membership Agreement

1. Definitions

Administration Fee: the Fee payable under clause 10.3(b) as set out in the Details.

Agreement: this Agreement as described in the Important Notice.

ACL: means the Australian Consumer Law in the CCA.

Basecamp Fitness FranchisorLLC: Basecamp Fitness Franchisor LLC of MinnesotaUSA which owns the SUMHIIT Fitness system, trademark and other intellectual property.

Biller: Our third party biller, Debit success Pty Ltd, ABN 32 095 551 581.

Biller’s Administration Fee: the Fee charged by the Biller under clause 13.3(b) asset out in the Details.

Cancellation Fee: the Fee payable under clause 12.5 as set out in the Details.

CCA: the Competition and Consumer Act 2010 (Cth).

Class: a scheduled SUMHIIT class

Club: a SUMHIIT Fitness club.

Club Rules: the rules that are referred to in clause 5.4.

Details: the part of this Agreement described as the “Details”.

Direct Debit Amount: what you agree to pay by direct debit each Direct Debit PaymentPeriod as set out in the Details.

Direct Debit PaymentAgreement: the periodic billing agreement you enter into with our third party Biller for periodic billing services.

Direct Debit Payment Period: the frequency of your direct debit payments as set out in the Details.

Essential Term: a term of this Agreement that is so important you would not have signed the Agreement without it. If there is a disagreement as to whether a term is an Essential Term, the matter will be reasonably determined by us.

Facilities and Services: includes Club premises and all exercise areas, bathrooms, equipment, weights, benches, machines, mats and any programs, products, Classes and services that you may use (excluding services referred to in clause 14).

Fees: fees that apply under this Agreement as set out in the Details and referred to in clause 12.

Fixed Term Agreement: an agreement which automatically ends at the end of the Minimum Term.

Important Notice: the part of this Agreement described as this.

Joining Fee: the Fee payable under clause 12.2 as set out in the Details.

Member: a Club member.

Membership: another word used to refer to this Agreement.

Membership Fees: the Fees you pay to access the Facilities and Services as referred to under clause 12 and set out in the Details.

Minimum Age: the minimum age to become a Member and use the Facilities and Facilities and Services and referred to in clause 4.

Minimum Term: the minimum term as set out in the Details.

Ongoing Agreement: an agreement that continues on an ongoing basis after the Minimum Term until terminated under clause 10.

Pre-Exercise Questionnaire: the questionnaire or other screening we may require you to answer before using the Facilities and Services.

Pro Rata Fee: the Fee/s that may be applicable under clause 12.3 and set out in the Details.

Start Date: when this Agreement starts as set out in the Details.

Terms: the part of this Agreement described as the “Terms”.

2. Joining

  1. When you join our Club you will need to give us information noted in the Details and provide us with photographic identification. If you join under a particular offer, such asa corporate offer, you will also need to give us proof that you are eligible for that offer.

3. Cooling Off

  1. If you change your mind after joining, you have 7 days to cool off or cancel your Membership starting on the Start Date. To be effective, you must let us know in writing at any time during this 7 day cooling off period. Your written cancellation can be given to us personally, by post or by e mail.
  2. If you cancel your Membership under clause 3.1, we will charge you the fees for any services or products already supplied but the Joining Fee and Membership Fees will be refunded.

4. Minimum Age

The minimum age for training with us is 16. Members under the age of 18 are required to have their parents or legal guardian sign these Terms.

5. Health and Safety andAcceptable Conduct

  1. Your physical condition
    1. When you sign this Agreement and each time you use the Facilities and Services, you must ensure you are in good physical condition and know of no medical or other reason why you should not exercise. If unsure, you should not use the Facilities and Services until you have sought appropriate medical guidance and been given the go-ahead.
    2. You agree to give us all relevant personal health and fitness information both before and during the course of any exercise program or other activity. You also agree to complete our Pre‑Exercise Questionnaire. In some cases, responses you give will require that you get medical guidance before exercising. You acknowledge that pre-exercise or other screening is no substitute for medical advice and does not guarantee against injury or death.
    3. You promise that information you give us will be true and accurate and not misleading in any way.
    4. You must not use the Facilities and Services if you are suffering from any illness, disease, injury or other condition that could be a risk to your health or safety or that of other Members and others.
    5. We may suspend or cancel your Membership if we have reason to suspect that you have not complied with clause 5.1.
  2. Orientation
    You may be required to participate in a Member orientation to familiarise you with the Facilities and Services before you use them.
  3. Proper use of equipment
    You promise to take care to use the Facilities and Services safely and properly. If you are ever not sure how to operate any equipment properly, you agree to ask Club staff first.
  4. Club Rules
    1. Club Rules apply to everyone using the Facilities and Services. They are usually displayed in the Club.‍
    2. Club Rules form part of this Agreement so you must make sure you read, understand and follow them at all times.
    3. If you break any of the ClubRules we will respond in a way we consider fair and appropriate. For example, in less serious cases, we may give you a warning but in serious cases or where you have repeatedly broken Club Rules we may suspend or cancel your Membership. If your breach causes us or another person costs, loss or damages, you agree to pay for these.
  5. Illegal performance enhancing or other illicit substances
    You acknowledge that the distribution or use of illegal or performance enhancing drugs is prohibited and promise that you will not use or distribute these substances in or near a Club.
  6. Commercial activity
    You acknowledge that engaging in any commercial or business activities in the Club, such as offering training services or selling goods in the Club is prohibited unless we grant you written permission to do so. If we do give you written permission, we can revoke this at any time.
  7. Action for risky or inappropriate conduct
    If you behave in a risky or seriously inappropriate way, for example, if you threaten or harass others, damage equipment, distribute or use illicit substances, or train other Members without our authorisation, appropriate action will be taken. For example, your Membership may be immediately suspended or cancelled (with a Cancellation Fee potentially applying), you may be banned from joining any Club and/or we may refer the matter to appropriate authorities. If your conduct causes us or another person costs, loss or damages you agree to pay for these.

6. Attendance in Classes

  1. All Classes must be pre-booked.
  2. Entry will be refused to a Class if you have not booked and the Class is full.
  3. You should not enter a Class late or leave a Class early without the Trainer's consent.
  4. You must cancel your booking if you decide not to attend a Class.
  5. If you fail to cancel your booking for a Class within 8 hours of the Class time and do not attend, you will be charged a fee of $15.00. This will be charged automatically, with out notice to you.
  6. If your membership is a limited per week option i.e. 2 or 3 Classes per week, that Class will not be refunded or reallocated.
  7. Participation in any Class is not permitted unless a Pre-Training Assessment has been completed by a Trainer.
  8. If at any time a Trainer advises you to stop a Class for your own physical safety, then their decision is final. To the maximum extent permitted by law, all liability for your wellbeing is placed on yourself.
  9. We reserve the right to change the Class schedule at any time including the addition or the deletion of Classes, as well as changes in instructors, Class times and length of Classes. We reserve the right to change Class policies when necessary and to require advanced reservations for heavily-attended Classes.

7. Security

  1. 24 Hour CCTV cameras
    Club     premises may have CCTV security cameras recording 24-hours a day(except in bathrooms) and may have remote video guarding services. This system is used for security purposes but does not guarantee against harm. You should contact the Club if you have questions on this.
  2. Following Directions
  3. You agree to follow any reasonable direction of Club staff relating to health, safety or security matters or related matters.

8. Privacy

  1. Your personal information
    From when you apply for Membership, you will need to provide us with, and we will have access to personal information about you, including information relating to your health and finances. Your personal information may be transferred to and stored out of Australia, including to a country that does not have the same level of privacy protection as Australia.
  2. General consent
    By signing this Agreement, you consent to us collecting, using, disclosing and dealing with your personal information in accordance with our privacy policy. In particular, you consent to the transfer and storage of your personal information outside Australia. You can access our privacy policy at www.sumhiit.com‍
  3. Up to date contact information
    You must tell us promptly if you change your contact or payment details or if there is a change to other relevant personal information, including anything that may affect health or safety.
  4. Consent to use your image
    You understand that photos, films, videos or audio recordings are sometimes taken of Members for promotional purposes. Your permission will first be obtained if this is done.By signing this Agreement, you agree to allow your image, recording or likeness to be used for any legitimate purpose by us and you assign your rights in any of these materials to Basecamp Fitness Franchisor LLC.‍
  5. Other
    1. As noted in clause 7.1, CCTV camera recording is used in Clubs (except in bathrooms).‍
    2. Members and guests are not allowed to take photos and/or videos in Clubs unless specific permission is granted by the Club.

9. Putting Your Membership on Hold

  1. You may temporarily suspend or freeze your Membership for any reason if your account is up to date and, if you have a Fixed Term Agreement, it has more than 2 weeks left. In any 6 month period you may freeze your Membership 2 times for up to 1month for both periods combined.
  2. We may agree to freeze your Membership for more than the period noted in clause 9.1 for travel, medical or hardship reasons but you must give us proof(such as supporting documents) to our reasonable satisfaction.
  3. The Freeze Fee usually applies during any freeze period.
  4. While your Membership is frozen, the Minimum Term will be extended for the same time as the freeze period. Direct debit payments that fall in the freeze period will also be frozen (except the Freeze Fee).

10. When You Can End This Agreement

  1. Notice
    If you need to notify or tell us anything in writing under this clause:
    1. you can give this to us in person, by e mail or post;
    2. it would be useful (but not required) if you complete any standard documentation we may have such as a cancellation form and provide your Membership number (if you know it);
    3. if you do not use our standard documentation, your notice must include your name, Club, address, phone, email, ID details and signature and explain why you wish to cancel; and
    4. you must also attach required proof such as a medical certificate.
  2. Cancelling your Membership on or after end of the Minimum Term‍
    1. If this is a Fixed TermAgreement, you do not need to do anything, as your Membership will end when the Minimum Term ends. We may contact you before your Agreement ends to discuss renewal. If you chose to renew your Membership or sign anew agreement before the Minimum Term ends, a Joining Fee will not apply.
    2. If this is an Ongoing Agreement, it will continue after the Minimum Term unless you tell us in writing at any time (but at least 30 days) before the end of the Minimum Term that you wish to cancel your Membership. If you tell us before the end of the Minimum Term but it is less than 30 days before, your Membership will continue for another 30 days before it ends.
    3. If this is an Ongoing Agreement and it has continued beyond the Minimum Term, you can cancel anytime by giving us at least 30 days prior written notice.
  3. Cancelling for medical reasons‍
    1. You can cancel your Membership at any time by telling us in writing if you cannot use the Facilities and Services because you contract a serious illness or a permanent physical incapacity during the term of your Membership. This must be confirmed in writing by a doctor or other medical professional we reasonably agree to and you agree that we may contact the doctor or other professional for verification purposes.
    2. If you cancel under clause 10.3(a), we can charge you the AdministrationFee. You will also be liable for Fees incurred, i.e. your Membership Fees for the time you were a Member (calculated on a pro rata basis), the Joining Fee, and Fees for services already supplied.
  4. Cancelling for your convenience in the Minimum Term
    During the Minimum Term, you can cancel your Membership at any time by telling us in writing and paying a Cancellation Fee.
  5. Other ways you can cancel thisAgreement in the Minimum Term
    You can also cancel your Membership in the following ways and without paying a Cancellation Fee:
    1. You may cancel without giving us prior notice if:
      1. we break an Essential Term and have not fixed this in a reasonable time of you asking us in writing;
      2. you become bankrupt and give us proof (such as supporting documents) to our reasonable satisfaction;
      3. we change this Agreement in a way that adversely affects you; or
      4. you become entitled to cancel under consumer laws.
    2. If you cancel your Membership under clause 10.5(a), you will be liable for Fees incurred, i.e. your Membership Fees for the time you were a Member (calculated on a pro rata basis), the Joining Fee, and Fees for services already supplied.These Fees are not refundable except in very limited circumstances related to clauses 10.5(a)(i) and 10.5(a)(iv).

11. When We Can End This Agreement

  1. In addition to our other rights under this Agreement, we may cancel your Membership if you breach any obligation under this Agreement that can’t be fixed or if you breach an obligation that can be fixed but you do not fix it in a reasonable time.
  2. If we cancel your Membership under clause 11.1, you will be liable for Fees incurred, i.e. your Membership Fees for the time you were a Member (calculated on a pro rata basis), the Joining Fee, and Fees for services already supplied. We may also charge a Cancellation Fee and recover costs, loss or damages caused by your breach.
  3. You promise you are not bankrupt or insolvent and are able to pay applicable Fees at the time of signing. You agree that you will tell us promptly if you believe you will be unable to pay your Membership Fees for an extended period. We may cancel your Membership if you become bankrupt or insolvent.
  4. If we cancel your Membership under clause 11.3 you will be liable for Fees incurred, i.e. your Membership Fees for the time you were a Member (calculated on a pro rata basis), the Joining Fee, and Fees for services already supplied.

12. Fees

  1. General
    1. The Fees you have to pay are set out in the Details. Some rights and obligations that apply in relation to particular Fees are set out in this clause.
    2. If you do not make any payment when it is due, your Membership may be suspended and you could be refused access to Clubs and to Facilities and Services until all outstanding amounts have been paid.
    3. Your Membership may also be terminated if any Fees remain unpaid for an extended period. You will still be liable for all unpaid amounts. A Cancellation Fee may also apply.
  2. Joining Fee
    We will charge you the Joining Fee to cover the set up costs for your Membership. This is not refundable except in very limited circumstances related to clauses 3 and 10.5(a)(i) and 10.5(a)(iv).
  3. Pro-Rata Fee
    If you pay by direct debit and your Start Date begins after the first day of the relevant Direct Debit Payment Period, you will only be charged the applicable portion of the Direct Debit Amount. The same applies if you have a Fixed Term Agreement and the Direct Debit Payment Period ends after the last day of the Agreement.
  4. Membership Fees
    1. If this is a Fixed Term Agreement you can pre-pay your Membership Fees (pay them up front)when you sign this Agreement, or you can elect to pay by equal periodic installments provided this option is available in our Club.
    2. If this is an Ongoing Agreement, you must pay Membership Fees periodically in advance until your Agreement ends.
  5. Cancellation Fee
    1. A Cancellation Fee is payable if you want to cancel your Membership for your convenience in the Minimum Term. It is an amount equal to 50% of the balance of your Membership Fees for remainder of the Minimum Term or a sum equal to 30 days Membership Fees (whatever is the higher).
    2. A Cancellation Fee may(at our reasonable discretion) also be payable by you if your Membership is ended by us under clause 5.7, clause 11.1 or clause 12.1(c).
  6. If you do not pay a Fee when due
    1. If you do not pay a Fee or other amount you owe when due, we can suspend your Membership until all amounts have been paid. This is in addition to our other rights under this Agreement, including those under clause 11.1. Other consequences may also apply with respect to late or rejected direct debit payments (see clause 13.3).
    2. Fees and charges continue to accrue during a suspension under clause 12.6(a).
  7. Fee increases
    1. During the Minimum Term:
      1. your Membership Fees will not be increased;
      2. other Fees may, however, be varied.
    2. After the Minimum Term, all Fees may be increased.
    3. We will make reasonable efforts to tell you of any Fee changes.
    4. If your Fees are varied, you authorise any debits from your nominated account to also be varied.
  8. Refunds and the Credit Code
    We can deduct all Fees and charges that you must pay under this Agreement from any refund we give you.

13. Direct Debit

  1. Direct Debit Payment Agreement‍
    1. If you pay any Fees, including ongoing Membership Fees, by direct debit, then this will be through our Biller (not us).
    2. You will be provided with a copy of Direct Debit Payment Agreement of the Biller which applies to any direct debit services. The Direct Debit Payment Agreement, which we are not a party to, is entirely separate to this Agreement.
  2. Authority to deduct Fees
    By nominating a credit or debit account, you authorise our Biller, to deduct from that account all Fees and other charges you are responsible for under this Agreement. You must keep your account details up to date.
  3. Late or rejected direct debit payments
    (Also see clause 12.6)
    1. You must ensure there is enough money in your nominated account on the usual payment, or the next working day if that falls on a day when banks do not process payments.
    2. If there is not enough money in your nominated account on the usual payment day, or there is another reason that your account was unable to be debited (except one within the Biller’s control), you will be charged the Biller’s Administration Fee. This will be added to your next debit amount. Prior arrears may also be included.
    3. You authorise our Biller to deduct any unpaid arrears outstanding on your account.
    4. Your bank or credit provider may charge you a fee for overdrawing your account if you do not have enough money in your account when payment is due.

14. Changes To Your Agreement

  1. We may sometimes make changes to this Agreement, including our Club Rules. If we do this, we will try to do this fairly and by giving you a chance to cancel your Membership if you are adversely affected by the change and do not agree to it.
  2. We will make reasonable efforts to tell you of any change in advance and when it will take effect. Subject to other Terms, the effective date will generally be at least 30 days from the date we tell you about the change unless it is not practical for us to tell you at this time. Your Membership will be amended from the effective date.
  3. You cannot cancel under this clause in the case of a transfer of your Membership or if we have to make the change to comply with a law or a direction of a relevant authority.

15. Our Liability To You

  1. Statutory guarantees‍
    1. Under the ACL we guarantee that the services we supply:
      1. are provided with due care and skill;
      2. are reasonably fit for any purpose you have told us you are using the services for or told us you wish to achieve; and/or
      3. are supplied in a reasonable time.
    2. Under certain legislative provisions, however, we can ask you to accept some limitations to the ACL guarantees.
    3. If you sign this Agreement, you agree, to the extent allowed by section 139A of the CCA, to exclude or modify our liability to you for death or injury from our failure to comply with ACL guarantees.
    4. This exclusion does not apply if your death or injury is caused by our “reckless conduct” (as defined in the CCA).
  2. Other implied terms
    Nothing in this Agreement excludes, restricts or modifies any terms, conditions, warranties, guarantees, rights or remedies which cannot lawfully be excluded, restricted or modified.Otherwise, unless expressly included in this Agreement, all implied terms, conditions, warranties, guarantees, rights or remedies that can be lawfully excluded are excluded. In particular, but subject to clause 16.1, we are not liable for death or injury caused by our negligence or breach of implied terms that services will be provided with reasonable care and skill at common law. This does not exclude our liability for reckless conduct.
  3. Loss of property
    You promise not to unnecessarily bring valuables into a Club and agree that it is not the obligation of the Club to look after unattended property.

16. Your Responsibility For Damage

You agree to pay for any loss or damage to the Club or the Facilities and Services caused by you or your guests through a willful, wrongful or negligent act or asa result of your, or their, breach of this Agreement.

17. Club Closures

  1. We may need to close our Club for a period of time, for example, due to an emergency, or if required by a court order or by law.
  2. We may close our Club up to 14 days in any 30 day period under clause 18(a) and keep charging Membership Fees.
  3. If we close the Club for between 15 and 30 days under clause 18(a) in any 30 day period, clause 18(e) applies.
  4. We may also close the Club for up to 30 consecutive days if it is being refurbished or relocated.
  5. If we close the Club under clause 18(c) or 18(d) we may keep charging Membership Fees if you are able and willing to use another Club. If you are notable or willing to use another Club we will freeze your Membership at no cost to you and extend your Agreement for a time equal to the closed period.
  6. We will try, but cannot promise we will be able, to tell you about any Club closures in advance.

18. Complaints and Feedback

  1. If you have any concerns about the Facilities and Services or anything else in relation to your Membership, you should first raise it with Club staff.
  2. If you are uncomfortable about approaching, or do not wish to approach Club staff, or are not happy with the response given, you may send a complaint to the head office of SUMHIIT Fitness by email to crowsnest@sumhiit.com

19. General Legal Matters

  1. Unexpected events
    We are not responsible if Members cannot use our Club because of an event caused by a natural force (such as a fire or a flood) or a road or building closure or something similar beyond our reasonable control. If this continues for more than 30 days, then either you or we may cancel this Agreement immediately by written notice. No Fee will apply.
  2. Severability
    If a court decides that any part of this Agreement is or becomes illegal, void or unenforceable, that part is deleted and this does not invalidate the rest of this Agreement.
  3. Waiver
    If we do not enforce our rights under this Agreement at any time, it does not mean that we may not do so in future.
  4. Entire Agreement
    You agree that we have not made any representations or promises that you have relied that are not in this Agreement.
  5. Applicable law
    The law of the state/territory set out in the Details applies to this Agreement.

 

‍

Effective Date:
Last Update:
3.6.2024