By indicating (online, or via an in-studio desktop link or app, signature or by any other means) that you accept these terms and conditions, or by attending any training session at a studio, you are acknowledging and agreeing: you have been given a copy of this agreement and agree to abide by the rules of the membership; you are medically sound to undertake a SpeedFit training session and that you comply with our Contraindications Policy, you use the studio facilities are 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.
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 representatives, heirs and successors. ’outsourced payment provider’ or ‘OPP’ means the provider of outsourced payment services and other financial services nominated by SpeedFit from time to time, including direct debit, eCommerce and credit card payments. ’SpeedFit’ means (as the context requires) the entity that owns and operates each SpeedFit studio (which, in the case of a franchised studio, means the franchisee entity) and SpeedFit Technology Pty Ltd ACN 619 932 106 which collects payments for all sessions at SpeedFit studios on behalf of the operator of each studio. ‘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 members if the member is under the age of 18 years. ‘Home studio’ means the SpeedFit studio location where you joined SpeedFit by becoming a member. ‘SpeedFit terms and conditions’ means the SpeedFit terms and conditions set out in this document, as updated from time to time by SpeedFit. A copy of the current SpeedFit term and conditions can also be found on the website at speedfit.com.au.
All queries and comments about the services provided under this agreement should be directed to the home studio. Contact details for each SpeedFit studio listed on the website. All queries and comments about the direct debit billing service should be directed to your SpeedFit home studio. The member acknowledges that the outsourced payment provider has been engaged by SpeedFit to collect all the payments due under this agreement (if the member is paying by way of credit card, debit card, EFTPOS or direct debit), and also acknowledges that all rights relating to payments under this agreement are able to be enforced by the outsourced payment provider as if it were the studio or SpeedFit (as the case may be) without any involvement on the part of the SpeedFit or the studio or the consent of the member.
ARRIVAL TIME & CANCELLED SESSIONS
All members must arrive 10 minutes prior to the start of a session. If a member arrives late to a scheduled session the member acknowledges that the session will conclude at the pre scheduled time. If the member arrives in excess of 10 minutes late then the studio reserves the right to cancel the session with payment in full for the cancelled session. All sessions must be paid prior to commencing exercise; in the event of an outstanding amount the member is responsible to pay the balance prior to the commencement of the session.
SpeedFit requires all weekly sessions to be booked in advance. If a member fails to attend a booked session or provides less than a minimum of 12 hours’ prior notice of cancellation the studio reserves the right to cancel the session with payment in full for the cancelled session.
Sessions may be cancelled in advance by the member providing the studio at which the session is booked with at least 12 hours’ advance notice of cancellation. Contact details of all studios can be found on the SpeedFit website.
EXPIRY OF SESSIONS
Sessions are valid for a specific period after they are paid for, according to the type of membership and payment arrangements under which the sessions are purchased. The special conditions relevant to your membership specify the expiry date for your sessions. A request for extension of the expiry date for any session must be made to the home studio in writing. Members are not entitled to a refund or credit for expired sessions.
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 will be refused or you may be requested to leave the studio if; you are using abusive or threatening language or behaving in a threatening way; or you are under the influence of drugs or alcohol. Smoking is not permitted in any SpeedFit studio. Illegal activities are not permitted in the studio, including, but not limited to, the use or sale of steroids or performance enhancing drugs.
Minors under the age of 18 years may be eligible for a membership subject to SpeedFit’s guidelines and the following general terms and conditions: the minor must complete medical waiver which must also be signed by a parent or legal guardian; the minor must comply with all safety requirements of the studio as communicated to the member from time to time. The minor’s membership may be cancelled for any inappropriate behavior or failure to comply with safety requirements.
Membership at SpeedFit entitles you to; work out in line with your membership type in any SpeedFit location within Australia. Additional charges apply for additional sessions. There are variations in the facilities and services provided at different SpeedFit studios. To ascertain exactly what a particular studio provides in addition to above entitlements, please enquire with the studio directly. SpeedFit holds the right to make changes to the facilities at any time.
Membership at SpeedFit requires you to; update your contact details with your studio when they change. Comply with these terms and conditions and all guidelines in this agreement, pay all agreed fees, ensure sufficient funds are available to cover all fees and advise your home studio in advance if your bank account or credit card or other payment method is closed or changed, inform us in advance if there are any risks to your health and if appropriate seek approval from your doctor or other health care practitioner before you undertake any training session. 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 MEMBERSHIPS
If there are special conditions or benefits relating to your membership type, these will be displayed on the website and form 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 the use of the studio during the specified period of free time, and you agree that the term of your membership shall be extended by the specific period of free time.
OVERDUE FEES AND REVOCATION OF MEMBERSHIP ENTITLEMENTS
All entitlements and entry into SpeedFit is revoked if a member’s account is in arrears. If your automatic direct debit reverses or is returned to us by your financial institution the follow process will apply; SpeedFit or our nominated outsourced payment provider will attempt to contact you about the retrying of 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 studio. If unpaid fees remain outstanding and after attempts to rectify the arrears your membership may be forwarded to a collection agency for further action. SpeedFit reserves the right to vary the process set out in this clause by providing you with one-month advance written notice of any changes.
PAYMENTS BY DIRECT DEBIT
If paying by direct debit the member agrees to pay the instalment amount at the agreed payment frequency until membership is terminated in accordance with SpeedFit’s cancellation terms. Should there be any arrears in payments the member authorises the outsourced payment provider to debit the outstanding balance in order to bring the account up to date.
CANCELLATION / TERMINATION OF MEMBERSHIP
A membership cancellation request should be provided to your home studio as follows:
During cooling off period: New memberships are subject to a cooling off period which commences on the date the membership commences and expires at the close of business two business days later. Eligible new members can cancel their membership during the cooling off period by providing written notice to the home studio. If membership is cancelled within the cooling off period any payments made by the member for sessions that are unused as at the date of termination will be refunded in full. Fees or charges paid to the outsourced payments provider are not refundable. In addition, if an eligible new member cancels their membership by written notice to their home studio after expiry of the cooling off period but within 7 days after commencement of the membership, the member is entitled to cancel any future payments but the member is not entitled to a refund for any unused sessions nor to a refund of any fees or charges paid to the outsourced payments provider. The cooling off period and 7 day notice period apply to all new memberships only and do not apply to membership transfers or renewals.
Permanent sickness or physical incapacity: If you wish to cancel your membership or any pre-paid sessions due to sickness or incapacity SpeedFit requires a medical certificate stating that you cannot utilise any fitness services or facilities because of your permanent illness or physical incapacity. Should a member present with a contraindication listed under SpeedFit’s medical contraindications policy then a medical certificate must be supplied stating the contraindication advising medical grounds to cancel the membership. Should a member be diagnosed with a contraindication then the membership will be cancelled immediately with no further charges. Payments made by the member for unexpired sessions that are unused as at the date of termination will be refunded to the member. Fees or charges paid to the outsourced payments provider are not refundable.
Relocation: If you wish to cancel your membership or any pre-paid sessions because you are relocating then SpeedFit requires evidence (such as a utility bill or similar) of the member’s new address. Cancellation based on relocation will be approved if the member has moved more than 30 kilometers from the closest SpeedFit location. Should documentation satisfactorily evidencing the member’s relocation be supplied, SpeedFit will cancel the membership without any further charges. Payments made by the member for unexpired sessions that are unused as at the date of termination will be refunded to the member. Fees or charges paid to the outsourced payments provider are not refundable.
CANCELLATION WITH PAYMENT OF CANCELLATION FEE
SpeedFit may agree to cancel your membership prior to completion of the minimum term on request in writing to the home studio upon payment of the relevant cancellation fee if paid in full at time of cancellation request. The special conditions relevant to your membership specify the cancellation fee applicable to your particular membership. Payments made by the member for unexpired sessions that are unused as at the date of termination are non-refundable. Fees or charges paid to the outsourced payments provider are not refundable. Example: Cancellation of the membership within the minimum contract term will result in a cancellation fee of 50% of the remaining contract value unless due to reasons outlined in SpeedFit’s General Terms and Conditions.
CANCELLATION AFTER COMPLETION OF MINIMUM TERM
Members may terminate their membership at any time after completion of the minimum term applicable to their membership by notifying their home studio in writing with a cancellation request. Contact details of all SpeedFit studios can be found on the SpeedFit website. There will be a notice period of 30 days 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 instalment/ fees which fall due during the notice period) will remain a debt owed to and recoverable by SpeedFit and/or the outsourced payment provider. Membership is not terminated until such time as SpeedFit confirms termination in writing. Termination of membership will also terminate the direct debit request authority.
ONGOING MEMBERSHIP AGREEMENTS
After the minimum term of any membership expires, the previous chosen membership is automatically renewed with the same terms and conditions as that previous membership. The renewed membership will continue until which time a 30 day notice of termination, in writing to the home studio will be required as outlined in the previous section covering termination after the expiry of the minimum term.
TERMINATION BY SPEEDFIT
SpeedFit 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 or the items listed in this agreement. Action upon a complaint by a member, employee or contractor of SpeedFit. The temporary or permanent closure of the studio where a suitable replacement studio 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.
TRANSFER OF MEMBERSHIP BY THE MEMBER
You may transfer the membership in the following circumstances at SpeedFit’s discretion; the membership is a 6-month or longer direct debit membership; and the membership is within the minimum term; and the person you are transferring the membership to not a member of SpeedFit and has not been a member of SpeedFit in the past 3 months. Transfers are subject to SpeedFit’s normal membership terms and conditions, however no cooling off period shall apply to the transferee of membership. The terms of the transferred membership and the home studio that the membership is associated with remain unchanged.
Suspension of payments may be possible under the terms of your membership. Payments may be suspended for a minimum of 2 weeks at a time so long as the total time payments are suspended does not exceed 12 weeks within any 12-month period. In order to suspend payments you should contact SpeedFit in writing at least 3 days prior to the date of the first payment you wish to suspend. 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 minimum number of payments, shall still be payable, in addition to any suspension or suspension charges made. Suspension of payments/membership will incur a weekly fee specified by
SpeedFit while payments are suspended. You can obtain details of the current weekly suspension fee at any time on request to your home studio. Should a medical certificate be provided by a licensed general practitioner or medical specialist then suspension will be offered complimentary for the period of time specified in the certificate.
DAMAGE & PERSONAL INJURY
To the extent permitted by law, SpeedFit and the outsourced payment provider exclude any liability to the member in contract, 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 SpeedFit and/ or debit success, and/or any act of omission of SpeedFit and/or nominated outsourced payment provider.
SAFETY, MAINTENANCE & SERVICE DEMAND
From time to time, SpeedFit may be required to make changes to the operation of the premises of any studio, these may include: Changing the operating hours to suit demand changed the availability of facilities or services within the studio, close off part of the premises for maintenance or safety reasons, changing the conditions of entry. Where this occurs SpeedFit will provide reasonable notice on the studios social media sites.
You acknowledge and understand that closed circuit television will be installed within appropriate applications within each studio and surrounds as a strategic component for the team member, member and contractor safety and crime and misconduct prevention. You consent to being filmed under CCTV for these purposes and understand than SpeedFit will only use and store your image in accordance with its privacy statement and CCTV policy.
These general terms and conditions, any special conditions relevant to your type of membership, and any special terms and conditions listed on the website comprise the entire agreement, understanding and arrangement (express and implied) between themember and SpeedFit relating to the subject matter of this agreement and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.
Initial term: The outsourced payment provider will debit your nominated account for the amounts and at the frequency of payments as agreed between us and you.
Change of term: in the unlikely event that the initial terms are changed, they can only do so in accordance with you contract and we must notify you at least 14 days’ notice of changes including if applicable the new amount, new frequency and next debit date.
Deferring or stopping a payment: Should you wish to defer a payment to another date you must contact SpeedFit via your home studio prior to the date of that payment to request the deferment. Deferments are entirely at the discretion of SpeedFit and will depend on the length of deferment, the current state of your account and your past history. You may be 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.
Altering the schedule: should you wish to alter the payment frequency or day of any payment contact your home SpeedFit studio and, at our discretion, in most instances we will be able to make the changes as required. Any changes made will not affect the total amount you would otherwise have paid over the minimum term of your contract.
Suspending the payments: Suspension of the payments may be possible under the terms of your membership agreement. Payments may be suspended for a minimum of two weeks at a time so long as the total time suspended within 12 months does not exceed 12 weeks. In order to suspend payments you should contact your SpeedFit home studio at least 7 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 there sum of the installments payable for the minimum term or number of payments shall still be payable regardless of any suspension or suspension changes made.
Cancelling the payments: you can cancel this direct debit request authority by requesting this of outsourced payment provider or you 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.
Disputes: If you dispute any debit payment, you must notify your SpeedFit home studio immediately. SpeedFit will respond to you 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 you financial institution who will respond to you with an answer to your claim within 5 business days if your claim is lodged within 2 months of the disputed drawing, or within 30 business days if your claim is lodged after 12 months from disputed drawing.
Non-working day: when the day to debit falls on a weekend or public holiday the debit will be initiated the next working day.
Dishonored 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 dishonored, outsourced payment provider will debit you an additional $14.80 with you 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. Outsourced payment provider may debit other fees or costs involved with debt collection in accordance with the terms and conditions of the contract.
Enquiries: all enquiries should be directed to your SpeedFit home studio and should be made at least 2 working days prior to the next scheduled debit date.
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 the outsourced payment provider with a new account number.