1. Contract Formation
A contract is formed once the contract has been signed by you and Club Active Tweed accepts it. The laws to the state of New South Wales and the Commonwealth will govern this contract. Club Active Tweed has seven (7) days after the formation of the contract to rectify any error or miscalculation in the contract. Club Active Tweed reserves the right to accept or decline your contract.
2. Cooling Off Period
After applying for membership, you have a seven (7) day period (“Cooling off period”) during which you may cancel your membership. Notice must be given in writing. A refund equal to the Membership Fee and any additional amounts paid minus the Welcome Pack Fee and the cost of any fitness services already supplied will be applicable. Normal Club Active Tweed membership termination terms apply when terminating your contract after the cooling off period.
You must ensure you read, understand and abide by the terms and conditions of the contract as well as any other rules provided by Club Active Tweed as required.
4. Membership Entitlement
As soon as a contract is formed, you are bound by the membership terms and conditions. As a member you are entitled to use the facilities only during the scheduled Club Active Tweed opening times. Memberships are non-transferable and fees non-refundable except where otherwise provided.
5. Disclosure of Physical Condition
Provision of a safe and effective exercise program is dependent upon accurate health and fitness profiling. You agree to disclose to Club Active Tweed all relevant personal health and fitness information both prior to and during engagement in any exercise program, service or facility we provide to you, as a part of your membership. This is in addition to the initial and any subsequent health consultation, and any relevant information or recommendations provided by your medical or allied health practitioners. You further agree that you will not use Club Active Tweed facilities, services, or products whilst you are suffering from any infections or contagious illness, disease or other ailment or whilst you are suffering from any physical condition such as open cuts or sores or minor infections where there is a risk, however small, to other members and guests.
6. Club Active Tweed Membership Key
All financial members will be given a Club Active Tweed membership key. This key will be enabled for the duration of your Club Active Tweed membership, and will be required to access the centre and any personalised exercise programs. Entry into Club Active Tweed may not be permitted without a valid membership key. Entry without a membership key is at the discretion of staff and upon the production of photo I.D.
You must not lend your membership key or allow any other person to use it – this is a breach of contract and may lead to immediate termination of membership.
NOTE: Replacement keys when lost/stolen will incur a fee of $15. This covers only the cost of the key.
7. Welcome Pack Fee
A one-off Welcome Pack Fee is applicable to all direct debit and fixed term memberships, payable upon joining. This fee is charged to cover initial set up costs associated with a new Club Active Tweed membership including membership key and administrative costs. Please note this fee is non-refundable, including during the cooling off period.
8. Lifestyle & Grey Nomad (Direct Debit) Membership Fees
All direct debit fees are paid fortnightly in advance on every second Tuesday. If your payment is not successful on the due date, you agree that we may continue to, without notice to you, debit your nominated financial institution account until payments are up to date.
An initial upfront fee will be charged that is the pro-rata amount of the time remaining in the current debit cycle (if applicable).
NOTE: All direct debit transaction fees (bank account and credit card) charged by financial and direct debit institutions will be surcharged in addition to membership fees.
9. Fixed Term Membership Fees
All fixed term membership fees must be paid in full up front at the commencement of your membership. Fixed term membership are available for 3, 6 or 12 months. Cash, cheque, debit or credit card payments are accepted. Please note fixed term membership are non-refundable and non-transferrable.
10. Outstanding Fees
If any membership amount payable is not paid on the due date, access to Club Active Tweed may be suspended until such time as payments are up to date. Club Active Tweed has the right to refuse entry to members with more than one membership payment outstanding on their account until such time as payments are up to date. Fees charged by direct debit service providers and/or financial institutions for late/dishonoured transactions will be on-charged to the member.
11. Termination – Lifestyle & Grey Nomad (Direct Debit) Membership
For Lifestyle and Grey Nomad memberships, fourteen (14) days written notice is required to terminate your Club Active Tweed membership. A completed Membership Cancellation Request must be given, in person, to a Club Active Tweed staff member. Cancellations over the phone will not be accepted.
The termination notice period will involve payment for your final fourteen (14) days membership. Your membership will then be cancelled on day fifteen (15) when it becomes non-financial. The membership can still be used up to and until it becomes non-financial.
Your termination notice cannot be considered effective until you receive written acknowledgement of your termination notice. We will endeavour to acknowledge your membership cancellation within 7 days of receiving your termination notice.
All direct debit memberships are “no contract”, however, an early termination fee is applicable when cancelling a direct debit membership within the first twelve (12) months of joining.
NOTE: A membership cannot be cancelled if there are payments outstanding on the account. The membership must be fully financial for a cancellation request to proceed.
12. Termination – Fixed term Membership
Fixed term membership will be terminated at the close of business on the last day specified on the membership, including any suspension periods, if applicable. Club Active Tweed will endeavor to provide written notice of an impending end to a fixed term membership. A two (2) week “grace period” will apply to fixed term memberships for members who wish to renew their membership without incurring an additional Welcome Pack fee, subject to a valid and working membership key.
13. Membership Fee Increases
Club Active Tweed reserves the right at any time to increase any or all fees. Reasonable endeavours will be made to provide written notice to your listed address at least one (1) month prior to any such increase. If membership fees are increased and reasonable endeavours have been made to provide prior notice, you hereby authorise Club Active Tweed to increase any direct debits to your nominated credit card or bank account. We will not use this right to vary the terms on any special offer, if any, which applies to you.
14. Membership Suspensions
Membership suspensions are only available for Lifestyle and Grey Nomad (Direct Debit) Memberships and 12 Month Fixed Term Memberships. Suspensions are not available for 3 and 6 Month Fixed Term Memberships. A membership cannot be placed on suspension if there are payments outstanding on the membership account. The membership must be fully financial for a suspension request to proceed.
a) Lifestyle Memberships & 12 Month Fixed Term Memberships
Suspensions are permitted in multiples of two (2) weeks to a maximum of four (4) weeks per calendar year. Pro rata membership fees will be charged for suspensions effected outside of the direct debit billing date – every second Tuesday (Lifestyle Membership only).
b) Grey Nomad Memberships
Grey Nomad Memberships offer unlimited suspensions. Minimum suspension period is two (2) weeks. Pro rata membership fees will be charged for suspensions effected outside of the direct debit billing date – every second Tuesday.
NOTE: All suspensions must be applied for in writing via a completed Membership Suspension Request at least two (2) days prior to the commencement of the suspension. Memberships cannot be suspended retrospectively. All Lifestyle and Grey Nomad (direct debit) membership suspensions incur a suspension fee of $5.00 per week to cover financial and direct debit institution costs.
15. Change of Personal Details
You agree to inform Club Active Tweed of any changes to your personal details including address, contact numbers, email, bank account or credit card details for payment and any other information relevant to your membership.
a) As a member using Club Active Tweed you acknowledge that you enter and use the facilities at your own risk. b) Fully qualified and experienced Accredited Exercise Physiologists (AEPs) and/or Gym Supervisors will be available during operational hours to offer assistance and advice. c) For the safety of people and property inside Club Active Tweed, 24 hour CCTV surveillance is recorded live. CCTV coverage is limited to gym floor, reception areas and group fitness room. Consultation rooms and bathrooms are excluded from CCTV coverage. d) In case of emergency, please follow the Emergency Plan displayed in Club Active Tweed, and follow the instructions of Club Active staff. e) At no time is a member to enter Club Active Tweed under the influence of alcohol, illicit drugs and/or medications that state strenuous activity to be avoided on its warning label. Please consult with AEP staff if unsure.
We reserve the right to refuse entry to any person, and have the right to suspend your Club Active Tweed membership without warning or notice for any harassment, inappropriate or threatening behaviour including causing willful damage to equipment in our facility.
18. Breach of Terms and Conditions
Any breach or failure to comply with membership terms and conditions or unreasonable behaviour may result in the immediate suspension or termination of your Club Active Tweed membership dependent on the discretion of management.
19. Feedback and Complaints
The primary goal of Club Active Tweed is to “change the way you age” by providing an environment for you to be healthier, fitter and more socially active and happy. We remain committed to assisting you with any concerns you may have. Feedback forms are available at reception. Complaints should be directed, in the first instance, to the Club Active Tweed Manager who will endeavour to contact you within 7 days to discuss and resolve your complaint. Should you feel that your complaint has not been resolved effectively, you may wish to take up the matter with the Club Active Managing Director.
20. Limitation of Liability, Release and Indemnity
While every effort will be made through the initial induction process and ongoing support and supervision, you agree that it is your responsibility to ensure that you use the equipment and/or facilities correctly. If unsure, please seek the services of Club Active Tweed staff.
Warning: While minimal, there does exist the risk of injury or death while exercising at Club Active Tweed. Every effort will be made to provide a safe environment in which to exercise including the provision of appropriate exercise prescription aligned with your physical condition and goals.
We will, unless excused from liability by operation of statute, compensate you for death, personal injury, illness or property damage caused by gross negligence on our part and in a manner fit for the purpose which is reasonable to expect in all circumstances. In consideration of the grant of membership to you, entitling you to engage in fitness activities, you hereby otherwise:
21. Property Damage
You are responsible for any willful and negligent damages you cause to Club Active Tweed facilities/equipment.
You must not assign any rights or benefits under these Terms and Conditions unless you have obtained our prior written consent. We may assign or transfer any rights or benefits under these Terms and Conditions at any time without notice to you. However, we will remain liable to meet our obligations to you under these Terms and Conditions and the Contract.
23. Intellectual Property
These Terms and Conditions do not give you any intellectual property rights in Club Active Tweed, or in our facilities, services or products.
24. Privacy Statement and Acknowledgement
Club Active Tweed may alter these Terms and Conditions at any time upon thirty (30) days written notice. All use of Club Active Tweed facilities, services and products after the date specified in such notice will be subject to such altered Terms and Conditions. If you continue to use Club Active Tweed facilities, services and products after the date such alterations become effective or otherwise demonstrate by your conduct that you agree to the altered Terms and Conditions, you will be deemed to have agreed to the altered Terms and Conditions.
If any part of this Contract is or becomes illegal, void or unenforceable, this does not invalidate the rest of this Contract.
CODE OF CONDUCT The Code of Conduct has been designed to ensure that you have a safe and enjoyable experience while at Club Active Tweed.1. Membership