MEMBERSHIP DECLARATION – ALL HOURS FITNESS
 
Please read the following terms and conditions carefully.
 
At All Hours Fitness we are committed to providing you with a safe and secure fitness facility. As we are a 24-hour facility but not staffed for 24 hours we ask you to maintain our security protocols at all times.
 
All Hours Fitness is under 24-hour CCTV video surveillance. Your activities will be recorded whether you are working out or entering/leaving the building and entering/leaving the restrooms. This video system is used only for security purposes. You must use caution when entering/leaving the building. This surveillance system does not protect you from harm in or on the building premises. An emergency telephone number is available if you feel threatened or witness suspicious activity.
 
Under no circumstances shall you allow access to non-members and/or people who knock on the door. Doing so may put you and other members at risk of injury or harm and could result in your membership privileges being cancelled. The club is equipped with panic buttons and an emergency call button. These are designed to alert authorities in the event you or other members are either threatened or in need of help.
 
Member Notification: Members are not permitted to bring non-members in at any time without prior consent from All Hours Fitness management. If this policy is violated, the member will be charged a penalty of $50 and/or have their membership suspended or cancelled. Members may not allow anyone else to use of their personal access tag and must inform the club immediately if it is lost or stolen. Violating this policy carries the same penalties. A fee will be charged for replacement access tags.
 
Club members who do not have their personal access tag will not be allowed into the facility during non-staffed hours, nor should they ask other members to let them into the facility. Doing so will attract penalties for both parties.
 
Personal training services provided in this facility may be provided either by employees or by independent contractors operating their own business. Members are also required to use the safety features of the equipment. Members are not permitted to provide personal training to other members in the club without being registered as a club personal trainer.b> Doing so will result in immediate membership cancellation.
 
Vulgar language, abuse of the equipment, working out while intoxicated, yelling/screaming, loud noises, intimidation, not abiding by all posted signage, warnings and gym rules or any other inappropriate behaviour will not be tolerated and may result in the suspension or cancellation of the offending member's membership. Cancellation policy and fees will apply to the cancellation of their account. Photography and/or videography of other members are not permitted anywhere in the fitness club.
 
Member Assumption of Risk and Release: You understand there is a possible risk of injury from club activities. Using any club equipment can include the potential for permanent injury or death. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown and acknowledge that this is an UNSUPERVISED FITNESS CLUB and I assume all risks associated with using exercise equipment alone without the aide and presence of club staff on the premises. You understand that All Hours Fitness is independently owned and operated.
 
We STRONGLY advise all members to consult with their General Practitioner before the use of any club equipment. You therefore declare that you are in a good state of physical condition, health and fitness and there is no medical reason whatsoever that could be regarded as a restriction upon or an obstruction to your application for membership. Members are therefore entirely responsible for any risk that may arise as a result of personal health factors.
 
You explicitly agree that this release is intended to be as broad and inclusive as permitted by the laws of this state and if a portion of this release is held invalid, the balance shall remain in full force and effect. This release shall apply to ALL members of the club without exception, including minors with parent/guardian consent. You hereby release, indemnify, and hold harmless the Club, All Hours Fitness, their respective owners, officers, affiliates, agents, employees, sponsors, advertisers and, if applicable, owners and lessors of the premises used to conduct any sponsored event (Releasees), with respect to any and all injury, disability, death, or loss or damage to person or property, whether arising from negligence of the releasees or otherwise, that may out of or in connection with your use of the equipment or the facilities of the Club or any incident that occurs while using the Club's facilities or engaging in Club activities on or off the premises or otherwise related to your Club membership.
 
IMPORTANT NOTICE
Tailgate Penalty Fees
Members are requested NOT to allow anyone into the facility at any time and for any reason. By becoming an All Hours Fitness member, you understand and agree that your personal access tag is registered to your name and your name alone. You are NOT permitted to allow access into the facility to anyone other than yourself and it is your responsibility to ensure that the members door is closed and secure upon your entering AND exiting of the facility. If you are on a direct debit membership, in the instance where you do allow another person access into the facility, a tailgate fine will automatically be applied onto your account and debited on the next billing day. If you are on an upfront paid in full membership, in the instance where you do allow another person access into the facility, your access to the club will be suspended until the applied penalty has been paid.
 
Incorrect use of your personal access tag to enter this facility such as sharing with non-members or multiple entry can also result in IMMEDIATE CANCELLATION OF YOUR MEMBERSHIP AND A PENALTY OF $200. Please be reminded that you are under constant 24-hour video surveillance together with 24-Hour Access Control Management.
 
Equipment Penalty Fees
It is your responsibility to return your weights and equipment to their appropriate/allocated position immediately after each use. For direct debit members, fines may apply and gym access may be restricted for non-compliance. For upfront paid in full members, your access to the club will be suspended until the applied penalty has been paid and gym access may be restricted for non-compliance.
 
WARNING
No Smoking, Vaping or consumption of Alcohol is permitted in the gym at any time.
 
Damages Caused by Misuse
Any damages caused to equipment or building due to misuse or misconduct MUST be paid for in full.
 
Class Bookings / Attendance / Cancellations: (If Applicable)
You agree that all Class Bookings are to be booked via the online portal only and are subject to availability at time of booking. It is your responsibility to ensure you cancel a class you are unable to attend giving sufficient notice (by 12pm midday). You further understand that if you fail to cancel classes you have booked, All Hours Fitness reserve the right to impose a penalty against you to avoid such re-occurrences.
Occupational Health & Safety
Due to hygiene regulations, it is MANDATORY a towel be used during your workout. It is recommended that you apply personal hygiene practices where appropriate and clean equipment you wish to use.
 
For safety reasons you are required to always wear closed footwear whilst using the facility. Thongs, sandals or any open footwear are not permitted.
 
The crash mat provided (in the Fitness Room) must always be used whilst conducting any jumping exercises.
 
Appropriate gym attire MUST be worn at ALL times.
Induction and Purpose
This Gym Induction outlines the terms and conditions under which All Hours Fitness provides a comprehensive gym tour to the undersigned member to ensure the safe and proper use of the gym facilities, its equipment and emergency procedures.
 
The session is conducted by a qualified gym staff member who will explain the equipment and their uses and address any questions or concerns from the Member.
 
The Member acknowledges to participate in the session prior to using any gym equipment or facilities.
 
The Member agrees to follow the instructions provided during the induction session and adhere to the safety guidelines at all times while using the Gym's facilities.
 
Membership Suspension:
Members can request up to 4 Weeks Free Suspension per calendar year If a suspension is placed during your contract period, this term of suspension will be added to the end of your contract. Any additional suspension periods (if authorised by management) will incur a $5 fee per week (not available to upfront memberships). A (7) Days notice period must be given before any suspension can be processed.
Temporary or forced gym closures:
Any closures placed by All Hours Fitness including by the Government due to any acts or pandemics, this term of closure will be added to the end of your term.
 
Cancellations:
THIS CONTRACT CANNOT BE MADE VOID DUE TO ANY PUBLIC HEALTH ORDERS MADE BY GOVERNMENT OR ANY OTHER INTERFERENCE TO THE BUSINESS THAT MAY CAUSE THE BUSINESS TO TEMPORARILY CLOSE.
 
Early Cancellation: If you have chosen to cancel within the minimum membership term, you are required to pay the full amount remaining on your existing Membership and an administration fee will apply. You will be required to come into the gym and complete a cancellation form. This also applies should you relocate your place of residence or for any medical reason. Members do have the option to suspend their membership (refer membership Suspension). If you do not cancel your membership after minimum membership term your payments will continue. It is your (the member's) responsibility to cancel or suspend your membership for non-use. If you have not done so and wish to return to the club, and have an outstanding amount owing, this outstanding amount must be paid in full before recommencing your membership.
 
Cancellation after the minimum term: You can cancel your membership after the minimum term. You will be required to come into the gym and complete a cancellation form. A (4) weeks notice period applies to all memberships & must be paid at the time of cancellation.
 
DIRECT DEBIT MEMBERSHIP:
When your contract term ends, the direct debits will continue unless there is a cancellation request and form completed (refer Cancellation after minimum term). You will be held liable for these charges as it is your responsibility to cancel your membership.
 
UPFRONT MEMBERSHIPS:
Cancellation after the minimum term: Your membership will automatically cancel after the nominated term. All Hours Fitness will contact you via telephone and email to notify you of your upcoming membership expiration in the event you wish to renew.
 
Minors: All minors under the age of 18 must have a parent or legal guardian sign their contract (Guardian/Parent identification will be required). As parent/guardian of a minor, you take full responsibility for any and all actions, damage, injuries, or loss to property or person, performed by the minor with or without your supervision in the club. You further agree that any breach of the club's policies on the minor's part may constitute to the loss of the minor's and/or your membership privileges.
Minors conditions of Gym use:
13 – 15 years – Cardio, Body weight, Pin Machines
16 - 17 years – Full use of Facility
Minors under the age of 16 years old must be accompanied and supervised by a parent or guardian over the age of 18yrs old.
Note: The Minor Membership fee is only applicable for persons under the age of 16. Once a member turns 16 years old, they are required to transition to an adult membership plan. Members must select an appropriate adult membership option within 30 days of their 16th birthday. Failure to update the membership will result in the membership price automatically reverting to the standard 12-month adult membership rate, effective from the date the member turns 16.
 
Social Media & Website Promotion: By signing and agreeing to these Terms and Conditions, you thereby authorize All Hours Fitness or any of its other entities, to use any photographic images, video, or any other recording of you contained or stored on or in any such or other media, where such images were recorded whilst you are, or were, taking part in any of the Gym's activities, using its services, or utilizing any of its products. All Hours Fitness reserves the right to use these images or recordings for commercial purposes without payment.
 
Membership Fees: You acknowledge and agree that the Fees are reviewed periodically and may increase. This is regardless of the Fees payable when you entered into this Agreement or the Term (unless you have purchased an upfront membership).
 
Any term membership purchased on a reduced fee or campaign special, after the contractual period ending date, the fees will automatically revert to the standard rate of that membership.
 
Membership Payments: your membership payment will be debited from your nominated account on a weekly basis. If your payments decline for any reason, access to the facility will cease immediately. The member agrees to pay all amounts due in clear funds before access to the club is permitted. Outstanding payments need to be paid within 7 days from the date of first notice.
 
The member agrees that if they fail to pay in accordance with this clause, the Company may:
(a) Charge a late payment fee on all amounts paid after the due date;
(b) Charge interest on debts at 15% per annum;
(c) Charge a dishonor handling fee in the amount of $25.00;
(d) Recover all collection and legal costs and expenses incurred in collecting overdue accounts on an indemnity basis;
 
The member will be in default if the member does not pay any monies payable when called upon to do so, the member and the Guarantor(s) jointly and severally acknowledge and agree that the Company is authorised to contact a credit reporting agency throughout the term of the Agreement to obtain a report about the creditworthiness of either the Customer or the Guarantor(s) or both. The member and the Guarantor(s) jointly and severally authorise the Company to engage in the exchange of information with a credit reporting agency or with other such parties as are necessary to give effect to the contract and to the ongoing relationship between the parties hereto.
 
The Company reserves the right to report a member's delinquent account to a credit reporting agency should payment remain outstanding for more than 30 days. In addition, the Company may refer the outstanding account for debt collection or issue legal proceedings to recover any outstanding invoices. Should an account be referred for debt collection the member acknowledges and agrees to pay all debt collection charges incurred from the day the Company refers the matter to their nominated debt collection agency. The member shall also be liable for interest and all legal recovery costs associated with such action on a solicitor and own member or indemnity cost basis.
 
When you sign this Agreement you are entering into a legally binding contract with us.
By signing this release, I have read, understand and hereby agree to the terms and conditions as stated in this declaration. I agree to abide by all posted signage and warnings.
Full Name: {58:Member Firstname} {99:Member Last Name}
Joined: {638:Today's Date}
{1299:Billing Total Payment Due}
 
EZYPAY
Customer Terms & Conditions
My authority to Ezypay to direct debit my account
 
1 I authorize Ezypay to:
• make periodic direct debits from my account for the Principal's fees using the Bulk Electronic Clearing System (BECS) for Ezypay Limited APCA User ID Number 518073; or
• make periodic direct debits from my credit or debit card for the Principal's fees;
• make periodic direct debits of my account for Ezypay's fees and charges including:
(i) Ezypay's fee for the direct debit service;
(ii) Ezypay's fee for securely maintaining my data;
(iii) Ezypay's fee for establishing my account;
(iv) Ezypay's fee in the event that I fail to meet a periodic direct debit; and
(v) Ezypay's fee in the event that I choose to use Ezypay's pre-notification service.
• make the periodic direct debits in accordance with:
(i) the payment arrangement for the Principal's fees outlined in Section B;
(ii) Ezypay fees and charges as published on the Ezypay website;
(iii) these Terms and Conditions; and
(iv) any agreement between Ezypay and the Principal.
 
2 I acknowledge that:
Ezypay may:
• charge a data handling fee of up to $3.00 inclusive of GST payable quarterly.
• charge the data handling fee, payable for the quarter prior, in October, January, April and July each year.
 
3 I will:
• refer any disputed debit item or amount to the Principal.
My acknowledgment of who the parties are and what they do:
 
4 The Principal is:
• the organisation referred to as Principal on the front of this Direct Debit Request Form; and
• the provider of goods or services to me.
 
5 Ezypay is:
• the direct debit agent of the Principal;
• the organisation which debits my account and keeps my data secure; but
• not otherwise a provider of goods or services to me.
 
6 Ezypay will not:
• have any express or implied liability in relation to goods or services provided by Principal; or
• have any obligation to provide a tax invoice to me for its fees and charges
 
7 There are separate agreements between:
• Ezypay and me (recorded in this document);
• the Principal and me; and
• the Principal and Ezypay.
 
My acknowledgement of when Ezypay may terminate this Direct Debit Authority
 
8 Ezypay may:
• terminate this Direct Debit Authority and cease to provide the direct debit service at any time by written notice sent by mail or email.
My acknowledgment of when I may terminate this Direct Debit Authority and what may happen.
 
9 I may:
• terminate this Direct Debit Authority by providing seven (7) days written notice to Ezypay.
 
10 If I give notice to terminate this Direct Debit Authority,
Ezypay may:
• Make any period direct debits due within seven (7) days notice period.
 
11 If a Direct Debit Authority is terminated by either party,
• any contracts, agreements or payments obligations I have with the Principal will not be affected.
My authority for the amount of the periodic direct debits of the Principal's fees to be varied
 
12 I authorise the Principal to:
• vary the amount, frequency and date of the periodic direct debits of its fees from time to time; and
• vary the periodic direct debits of its fees in accordance with my agreement with the Principal; Provided that:
• the Principal makes reasonable attempts to provide prior notice to me
 
13 I authorise Ezypay to:
• vary the amount, frequency and date of the periodic direct debits of the Principal's fees from time to time if instructed by the Principal;
Provided that:
• Ezypay is not on notice that the Principal has not made reasonable attempts to provide prior notice to me; and
• Ezypay is not on notice that the variation is not otherwise in accordance with my agreement with the Principal.
 
My acknowledgement of what may happen if the amount of the periodic direct debit is varied
 
14 I authorise Ezypay to:
• increase the rates of its fees and charges without prior notice on the 30th June of each year by CPI or 5%, whichever is greatest.
 
15 Ezypay will not:
• increase the rates of its fees and charges by more than CPI or 5% or at times other than 30 June,
Unless:
• Ezypay makes reasonable attempts to provide prior notice to me in time for me to terminate this Direct Debit Authority.
 
My acknowledgement of what may happen if the amount of the periodic direct debit is varied
 
16 If Ezypay, in compliance with these Terms & Conditions, varies the amount of the periodic direct debit
• Ezypay will do so without requiring a signed agreement; and
• Ezypay will do so without requiring a new Direct Debit Request Form.
 
My acknowledgement of when these Terms & Conditions may be varied
 
17 Ezypay may:
• vary these Terms & Conditions by posting a new version of its website.
 
18 Ezypay will not:
• notify the amended Terms and Conditions other than on its website; or
• use this method to vary the amount of the periodic direct debits.
 
19 I will:
• check Ezypay's website from time to time for variations to these Terms and Conditions.
 
20 Any amended Terms & Conditions will apply to Ezypay and I if:
• Ezypay posts the amended version on its website;
• 14 days after posting, I have not objected; and
• 14 days after posting, I have not terminated the Direct Debit Authority.
 
My acknowledgement of my responsibility in relation to periodic direct debits
 
21 I must:
• inform Ezypay or the Principal of any changes to my account;
• inform Ezypay or the Principal of any changes to my contact details;
• do all things reasonably necessary to facilitate the periodic direct debiting of my account in accordance with these Terms and Conditions;
• have a suitable account available for the periodic direct debits; and
• have sufficient funds available in my account for the periodic direct debits.
 
My acknowledgement of what may happen if I have insufficient funds
 
22 If I do not have sufficient funds in my account for the periodic direct debits and I do not have a genuine dispute with the Principal or Ezypay,
Ezypay may:
• charge me a failed payment fee for each unsuccessful debit;
• charge me the failed payment fee at the rate published on the Ezypay website from time to time;
• charge me the failed payment fee even though I have also been charged a fee by my financial institution;
• charge me collection fees;
• charge me legal fees; and
• in conjunction with the Principal, implement re-debit measures to recover any outstanding amounts.
 
23 Ezypay will not:
• be liable for any fees or charges which arise because I had insufficient funds in my account;
or
• provide any information or explanation regarding unsuccessful debits of my account.
 
24 I must:
• direct any enquiries about unsuccessful debits of my account to my financial institution.
My acknowledgement of what may happen if I claim a refund
 
25 If I claim a refund:
• Ezypay will not be under any obligation to pay it;
• however, Ezypay will conduct itself in accordance with its Refund Policy.
Variations to debit amounts due to external factors
 
My acknowledgement of when a delay might occur
 
26 A delay may occur in the processing of a periodic direct debit if:
• there is a public or bank holiday on the day or the day after a payment is due to be made by direct entry;
• a payment is received either on a day which is not a banking business day or after the normal close of business on a banking business day;
• Ezypay does not receive the Direct Debit Request Form in time to process the request prior to the first due periodic direct debit;
• Ezypay does not receive a request for variation in time to process the request prior to the next due periodic direct debit;
• information supplied on a Direct Debit Request Form or any requested variation is incomplete, incorrect, illegible or, for any other reason, does not allow Ezypay to process the information promptly;
• I do not meet my responsibility to have sufficient funds available in my account; or
• there are failures or difficulties with technology.
 
My acknowledgement of what Ezypay will and will not do in relation to variations with periodic direct debits
 
27 Ezypay will:
• make reasonable attempts to minimise any variance to amounts of periodic direct debits affected by exchange rate fluctuations; and
• make reasonable attempts to minimise any variance to amounts of periodic direct debits affected by factors within its control.
 
28 Ezypay will not be responsible or liable for any variance to or shortfall to debit amounts of periodic direct debits caused by:
• exchange rate fluctuations;
• delay as referred to above;
• external factors beyond the control of Ezypay;
• the date on which a periodic direct debit is processed by Ezypay's Sponsoring Financial Institution; or
• the timing of when a periodic direct debit is requested and processed.
 
29 Ezypay will not be liable for any faults in the direct debiting of my account caused by:
• fraudulent activity;
• security hacking;
• environmental disasters;
• failure of technology systems used by Ezypay;
• any fault in the technology systems used by Ezypay for direct debiting; or
• any delay or interruption caused by the technology systems used by Ezypay to facilitate direct debiting,
• except where such faults arise from Ezypay's own negligent acts or omissions.
 
My authority for Ezypay to communicate with me:
 
30 I authorise Ezypay to communicate with me to:
• validate and confirm my identity;
• validate and confirm my bank account details;
• validate and confirm my authority for periodic direct debits;
• assist the Principal to service and promote its products; and
• promote third party products
Ezypay may:
• provide specific customer access on its website;
• communicate with me by all other available means;
• advertise related and unrelated products on its website;
• inform me of products, services or special offers relating to the provision of its direct debit service and other related financial service products;
• inform me of products, services or special offers for third party products whether related to Ezypay services or not; and
• notify me in the event of termination of the agreement between Ezypay and the Principal.
 
My release and indemnity to Ezypay
 
31 I release and indemnify Ezypay in respect of:
• any payment made by me or any direct debit of my account made by Ezypay pursuant to these Terms and Conditions;
• the matters set out and payments made in accordance with the Direct Debit Request Form and these Terms and Conditions;
• any claim I, or the Principal or any franchisor of the Principal or any third party may have in relation to the payments made by me pursuant to these Terms and Conditions and the Direct Debit Request Form; and
• any situation where, despite my account being debited by Ezypay, the Principal fails to provide or suspends the provision of services to me,
• except where loss or damage arises due to Ezypay's own negligent acts or omissions.
 
My authority to Ezypay to service my account
 
32 I authorise Ezypay to:
• verify the details of my account with my financial institution;
• release personal information about me to assist a debt collection agency to recover any outstanding payment from me; and
• release such information as is reasonably required by my financial institution in relation to an incorrect or wrongful debit.
 
33 I authorise my financial institution to:
• release such information to Ezypay as is necessary to allow Ezypay to verify my bank account details. I acknowledge that:
• if any of these Terms and Conditions or any part of them is illegal or invalid, then only those terms and conditions or that part of them will be void and the remainder will remain in full force and effect.
 
I acknowledge that the Ezypay Pty Limited Privacy Policy and Refund Policy can be found at https://www.ezypay.com

Our contact details are as below.

Company Name EZYPAY PTY LTD

Website: https://www.ezypay.com

Address: Level 3, 9 Help St Chatswood, NSW 2067

Phone: 1300 300 533 (Toll Free)

Customer Support: help@ezypay.com

IT Support: help@ezypay.com

Sales: help@ezypay.com