TERMS AND CONDITIONS
These are the Terms and Conditions on which Brand New Me is willing to offer training to clients. These T&C's are to help clarify suspension and cancellation terms as well as training standards expected of clients. Any variation to these Terms and Conditions must be in writing and signed by our authorised officer. These Terms and Conditions are in addition to any Terms and Conditions on contracts through our billing companies Debit Success, Stripe or Square. From experience problems only occur when there is a lack of communication, if you are happy, great tell us if you are not then please let us know and we will endeavour to correct the problem.
THIS IS AN IMPORTANT DOCUMENT – PLEASE ENSURE THAT IT IS READ CAREFULLY
THESE TERMS AND CONDITIONS FORM PART OF YOUR CONTRACT.
All membership changes and holds are via email to email@example.com communication such as texts, messages, or phone calls will not be valid.
With the exception of specific offers such as the 28 day kickstart program all training contracts are 24 weeks minimum then ongoing unless notice to cancel is received as per the cancelation conditions on the contract.
COOLING OFF PERIOD
All contracts are subject to a seven (7) day cooling off period. Cancellation requests must be submitted in writing to firstname.lastname@example.org within the cooling off period.
TERMINATION OF CONTRACTS
All termination requests must be submitted via email to email@example.com The Member may not terminate their Contract within the minimum term of the Membership Contract. Terminations after the minimum term of the Contract requires fourteen days' notice as per the contract terms.
TERMINATION FOR MEDICAL REASONS
The client may terminate their contract with immediate effect at any time by notifying Brand New Me in writing as per Termination of Contract requirements and providing supporting documentation that to our reasonable satisfaction demonstrates medical incapacity. In that event, the client will only be charged, membership fees for the time the client has been a client and any additional fees for fitness services already supplied.
A Contract may only be suspended in the event of a medical condition that prevents the client from training or holidays of 2 weeks minimum to a maximum of 4 weeks. In the event of an injury suspensions of greater than 4 weeks are possible with supporting medical certificates. We recognise that continuing to train is important for your goals/results so in most circumstances modifications to training programs can be provided to allow continuation of training. Just another personalised service we offer.
The term of the suspension shall be for a minimum term of 14 days and a maximum term of 4 weeks annually. Suspensions for reasons other than medical or holidays may be considered if reasonable. Suspension of a Contract is only available if all fees are up to date.
BRAND NEW ME CONDITIONS OF ENTRY
Use of the facilities is subject to clients abiding by Brand New Me rules. The client must ensure they read, understand, and abide by the conditions which are notified to the client through signage, handouts or on our website, www.brandnewme.com.au. Failure to comply with Brand New Me conditions may result in Brand New Me asking the client to leave the premises, refusing the client access or termination of the client's contract, for which there are no refunds on unused portions of fees already paid.
Entry will be refused, or a person requested to leave the Centre if the person:
- Is abusive or uses offensive language or whose behaviour is threatening, or
- Is under the influence of drugs or alcohol.
Please adhere to the following conditions:
- Sweat towels must be used at all times.
- Weights must be returned to their correct place after use.
- Correct training attire and runners must be worn in the Centre – no jeans, work clothes, boots, sandals, thongs, or clothing that is likely to cause offence to others is permitted.
- No person under the age of 16 is allowed in the group fitness or weights area unless accompanied by a guardian or qualified instructor.
- Clients between the age of 16 and 18 may train in the facility without a parent guardian with a trainer present.
- No food allowed in the gym or group exercise classes.
- Persons under the age of 16 are not permitted to join in fitness classes unless by prior arrangement with the instructor.
- The children's play area is to be left in a clean and tidy state.
PAYMENT OF FEES
Brand New Me through one of its billing companies will periodically debit the nominated account for the agreed amount for membership fees as stated in the client Contract. Payments on direct debit arrangements will be deducted from the client's nominated account weekly or fortnightly on the nominated day of each week. Brand New Me engages Debit Success, Stripe and Square for billing collection services and these companies have their own Terms and Conditions which clients should make themselves aware of.
In the event of a direct debit rejection, a direct debit rejection fee maybe charged to the client's account by the direct debit company, this charge is not a BNM charge and we do not receive this fee, it is a charge levied by the financial institution. If an automatic debit arrangement is in place, fees will continue to be debited from the client's chosen account until the client, or Brand New Me, cancel the arrangement in line with the termination clause of these Terms and Conditions.
If at any time the client's fees are overdue Brand New Me may terminate the membership with immediate effect. In the event of an overdue account being referred to a Debt Collection Agency, the client will also become liable for all future membership fees to the end of the term, as well as the collection costs and legal demand costs which will be added to the client's account. Brand New Me will give the client at least 28 days' notice, by phone, message, SMS or in writing, when changes to any terms of the direct debit arrangement are made. This notice will state changes to the amount, frequency, next drawing date and any other changes to the initial terms.
If a client wishes to make changes to the drawing arrangements including, altering a schedule, stopping an individual debit, suspending or cancelling the Direct Debit Request, the client must contact Brand New Me by phone, in person, or via email to firstname.lastname@example.org. All enquiries should be directed to Brand New Me rather than the client's financial institution and these should be made at least 7 days prior to the next scheduled drawing date. All communication addressed to Brand New Me should include the client's full name.
If a client believes that a drawing has been initiated incorrectly, Brand New Me encourages the client to take the matter up directly by contacting Pay Choice on 1300 659 537 during business hours as we have no access to clients financial information.
It is the client's responsibility to ensure that:
- The nominated account can accept direct debits (the financial institution can confirm this).
- On the drawing date, there are sufficient cleared funds in the nominated account.
- That the client advises Brand New Me if the nominated account is transferred or closed.
If the drawing is returned or dishonoured by a financial institution, a Direct Debit Request may be cancelled. Any transaction fees payable by Brand New Me in respect of the above will be added to the client's next scheduled drawing amount.
MEMBERSHIP PRICE INCREASE
Brand New Me reserves the right at any time after the minimum term of the contract to increase the membership fees to be charged by providing at least twenty eight (28) days' notice in writing. Following such notice, the client authorises Brand New Me to increase any direct debits to the client's nominated credit/debit account unless notification is given to cancel their contract.
CHANGE OF DETAILS
It is the responsibility of the client to inform Brand New Me of any changes to the client's personal details that are relevant to the client's Contract.
Contractors may provide services at Brand New Me. Fees for services are paid directly to the contractor. Brand New Me takes no responsibility for the fees paid to these contractors. The client hereby agrees not to hold Brand New Me liable, and the client agrees to indemnify Brand New Me and keep Brand New Me indemnified for any claims suffered by the client as a result of negligence by the contractor in Brand New Me.
DISCLOSURE OF PHYSICAL CONDITION
Clients are required to truthfully complete the Brand New Me Screening Questionnaire before using our facilities and agree to the Privacy Collection Statement contained therein. The client agrees to disclose to Brand New Me all relevant personal health and fitness information both prior to and during engagement in any exercise program, service, or facility that Brand New Me provides to the client as part of the client's membership. This is inclusive of any health risk assessment, initial and periodic fitness assessment and relevant information and recommendations provided by the client's medical and/or allied health practitioners.
PRIVACY STATEMENT AND ACKNOWLEDGEMENT
RESPONSIBILITY FOR DAMAGE
The Client acknowledges and agrees that it is solely responsible for any damage the client may cause to Brand New Me, its facilities, services, products, or equipment, if such damage is caused by the client's wilful act and/or negligence.
Brand New Me reserves the right to alter these Terms and Conditions or the Brand New Me Rules at any time with twenty eight (28) days written notice.