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Membership Terms and Conditions Western Australia

1. Definitions

a)  Access Pass means your membership card allowing you to enter the Club.

(b)   Access Pass Fee means the Access Pass Fee specified in the Agreement.

(c)   Agreement means this membership agreement made between you and Jetts incorporating the documents referred to in clause 2(b).

(d)   Billing Account means the bank account or credit card nominated by you to have your direct debit Membership Fees deducted from.

(e)   Club means the Jetts gym as specified in your Membership Agreement or any such Club that your membership may be transferred to.

(f)   Club Access means the initial Joining Fee and Access Pass Fee specified in the Agreement.

(g)   Club Rules mean the Club rules as amended from time to time, which are located at the Club.

(h)  DD Membership means a weekly membership, with recurring fortnightly direct debit payments.

(i)    DD Membership Fee means the fortnightly fee payable for the DD Membership inclusive of any Payment Provider fees.

(j)    Dishonour Fee means a $10.00 fee.

(k)   Fighting Fit Pre-Workout Questionnaire means the pre-workout questionnaire that the member is required to complete prior to using the Club.

(l)    Foundation Member means a Member that has a Foundation Membership as categorised by this Agreement.

(m)   Jetts means the entity specified on your Membership Agreement and includes its heirs, estates, agents, representatives, officers, directors, shareholders, successors, affiliates, subsidiaries and employees.

(n)   Joining Fee means the fee specified in the Agreement.

(o)   Member means the individual who has entered into this Agreement with Jetts.

(p)  Membership Agreement means the form provided to you by Jetts requiring you to provide the relevant details to Jetts (e.g. name, address, payment card details) relating to your membership.

(q)  Membership Fees means the fees that are due and payable by you pursuant to this Agreement.

(r)  Minor means members under the age of 18.

(s)   Paid In Advance (PIA) Membership means Members that have paid in advance according to the level of PIA membership as specified in this Agreement.

(t)  Payment Agreement means the Agreement between you and us permitting our Payment Provider to provide the direct debit and credit card payment facilities to you on our behalf in accordance with the Payment Provider’s Direct Debit Service Agreement.

(u)   Payment Provider means the payment provider specified from time to time by Jetts, which is currently Ezidebit unless Jetts otherwise specifies.

(v) Payment Provider’s Direct Debit Request Service Agreement means the Payment’s Provider’s service agreement provided to you by Jetts.

(w)   Policies means the Jetts membership policies as amended from time to time, which are located at www.jetts.com.au and available at your Club on request.

(x)   Privacy Policy means the Jetts privacy policy which is available at www.jetts.com.au or by emailing privacy@jetts.com.au

(y)   Products means any products that are purchased pursuant to Jetts sale of goods terms and conditions.

(z)   Staffed Hours means the hours for the Club, which are located at the entrance to the Club or at www.jetts.com.au
Jetts reserves the right to change the Staffed Hours at any time without notice.

(aa)   Written Notice means notice in writing, given in person, by email or post to the parties’ last known address.

 

2.Terms and Conditions

(a)  Your membership is governed by this Agreement.

(b)  This Agreement incorporates these terms, the Membership Agreement, the Policies, the Club Rules and the Privacy Policy.

(c)  Accepting this Agreement does not automatically entitle you to a membership as your application may be subject to further review by Jetts.

(d)  Jetts reserves the right, in its sole discretion, to amend this Agreement.

(e) Jetts holds, so far as a provision of this Agreement is for the benefit of a third-party that provision on trust for the relevant third-party.

 

3. Membership

(a)   Nature of Membership Your membership permits you to use Jetts’ premises, facilities, equipment and services as shown and limited by the membership identified. Your membership is non-transferable by you unless deemed appropriate by Jetts.

(b)   Change to Details You must provide Jetts with any changes to your details, which are relevant to your membership in writing.

(c)   All Club Privileges Subject to clause 18, your membership entitles you to utilise “Jetts” branded clubs, as listed on the website.

(d)   Membership Hold Jetts will only hold your membership in accordance with the requirements of the Jetts Membership Hold Policy available at the Club or at www.jetts.com.au

(e)   Membership Transfer – Paid in Advance (PIA)  A Member may transfer their PIA membership in accordance with the Membership Transfer Policy available at the Club or on www.jetts.com.au

(f)   Membership Transfers - Direct Debit (DD) Members who pay fortnightly can transfer their membership in accordance with the Membership Transfer Policy available at the Club or on www.jetts.com.au

(g)  Foundation Membership Members who duly complete and agree to this Agreement prior to the Club opening date are defined under the Policies as a Foundation Member. A Foundation Member has the privilege of maintaining the same membership price for the life of this Agreement. Termination of Foundation Membership privileges is effective on the date Jetts advises the member by Written Notice. Jetts reserves the right to terminate a Foundation Member’s privileges in the event of the following:

(i)    A PIA membership is not renewed prior to its expiry date;

(ii)   A PIA membership is transferred to non-Member; or

(iii)  A PIA membership is cancelled or terminated; or

(iv)  A DD membership is cancelled or terminated; or

(v)   A DD membership is in arrears; or

(vi)  A DD membership is transferred in accordance with the Membership Transfer Policy; or

(vii)  A member’s conduct is improper, harmful or illegal and contrary to the best interest of Jetts and / or its Members.

 

4. Payments

(a)   You agree to pay all Membership Fees as set out in this Agreement and agree to be bound by the direct debit terms and conditions as described in the Payment Agreement and the Payment Provider’s Direct Debit Request Service Agreement.

(b)   For a DD Membership you must make your payments on a fortnightly basis in advance.

(c)   For a PIA membership, you must pay your membership in advance according to your level of PIA membership as indicated by Jetts to you.

(d)   For all memberships you must make payment of the Club Access and pro-rata amount in advance and the balance of the Membership Fees by way of direct debit (or if PIA by way of credit, cash or EFTPOS).

(e)   You must provide to Jetts, in the form requested by Jetts, a Payment Agreement authorising Jetts’ Payment Provider to debit the Membership Fee due for each direct debit period from your Billing Account.

(f)   Jetts will endeavour to contact you by phone, sms or email to inform you of any overdue payments. In the event that Jetts cannot contact you, it will provide you with Written Notice of overdue payments.

(g)   A Member will be charged a Dishonour Fee in the event that a fortnightly direct debit payment is dishonoured by their financial institution.

(h)   A Member will be charged a $29.00 fee if their Access Pass is damaged or lost and requires replacement.

(i)   Additional fees (being bank charges or administrative charges incurred by the Payment Provider) will apply for any overdue or late payments.

(j)   If there are repeated failures to meet your payment obligations (other than through the fault of Jetts or its Payment Provider), without prejudicing Jetts’ rights to recover any overdue payments, your membership may be suspended or terminated by Written Notice to you.

(k)   You acknowledge and agree that Jetts may change its Payment Provider and that Jetts and/or the current Payment Provider may, in their sole discretion, assign or novate all existing Payment Agreements to a new payment provider. In the event that Jetts or the current Payment Provider assigns or novates the existing Payment Agreements to a new payment provider, you consent to Jetts or the current Payment Provider providing your personal information (including, but not limited to your payment details, to its new payment provider) in accordance with this Agreement and Jetts’ Privacy Policy.

(l)   Jetts reserves the right, at any time, to change the Membership Fees charged to Members for use of the Club facilities. Jetts agrees to use reasonable endeavours to provide you with Written Notice of the changes. The changes will take effect 30 days after the Written Notice has deemed to be been received by you. We deem receipt to have occurred 2 business days after the Written Notice was sent. At the end of the 30 day period, you authorise Jetts and/or the Payment Provider to debit the new amount to your account.

 

5. Minimum Age

(a)  All Members of Jetts must be a minimum of 14 years of age. All Minors must have a parent or legal guardian agree to the terms of this Agreement. All Minors must attend the Club to obtain a membership.

(b)  Minors aged between 14-15 years of age must comply with the restrictions outlined in the Membership Age Policy available at the Club or on www.jetts.com.au

(c) Minors aged 16-17 years of age must comply with the restrictions outlined in the Membership Age Policy available at the Club or on www.jetts.com.au

 

6. Staffed Access

(a)  A Member may be subject to a Staffed Access only membership, which will only allow them to attend the Club during Staffed Hours. 

 

7. Access by Non-Members

(a)  Jetts only grants Members, unless otherwise specified in this Agreement, access to the Club. No Member is permitted to bring a non-Member into the Club.

(b)  If a Member breaches clause 7(a) of this Agreement, the Member acknowledges that:

(i)  they accept responsibility and liability on their personal behalf for any injury, loss or damage attributed to the non-Member whether or not caused through the negligence of Jetts;

(ii)  the act of bringing a non-Member into the Club constitutes automatic acceptance by the Member of a new membership for the non-Member. The  Joining Fee and Access Pass Fee, in addition to the DD Membership Fee, will be charged to the Member in the following ways:

(1)  for a Member who holds a DD Membership, this amount will be deducted from their nominated bank account; and

(2)  for a Member who holds a PIA Membership, the Member will receive an invoice for this amount;

(iii)  payment of the amount in accordance with the clause above will entitle the non-Member to use the Club for one fortnight;

(iv)  in order for the non-Member to take advantage of the new membership, they will need to attend the relevant Club and comply with all of the obligations that all new Members are required to comply with pursuant to this Agreement; and

(v)  Jetts reserves the right to terminate the membership of the Member who brings a non-Member into the Club.

 

8. Orientation

(a)  It is a condition of this Agreement that you participate in a scheduled Member orientation program.

(b)  The orientation focuses on various aspects of the Club including, but not limited to, Club layout, amenities and entry and exit areas.

(c)  Jetts may suspend or terminate this Agreement in the event of unsatisfactory completion of the Club orientation prior to the commencement of exercise.

(d) You acknowledge and agree that "Jetts" branded clubs may have different equipment and/or a different layout. You acknowledge and represent to Jetts that you will seek assistance from Jetts personnel before using equipment that is unfamiliar to you.

 

9. Physical Condition

(a)  It is your responsibility not to use any equipment which may adversely affect any medical condition.

(b)  You hereby represent to your Club and Jetts and their directors, officers, employees, contractors and agents that, to the best of your knowledge, you do not have any physical, medical or other disability or condition which may be affected or aggravated by, or which may result in any sickness, injury or death to you as a result of, your use of the Club or its facilities.

(c)  If you have any health or medical concerns now or after you join as a Member of the Club, you must discuss them with your doctor before using the equipment or the Club.

(d)  You acknowledge that Jetts did not give you any medical advice before you used the equipment, and cannot give you any medical advice after you use the equipment.

 

10. Fighting Fit Pre-Workout Questionnaire

(a)  It is a condition of membership with Jetts that each Member, prior to using the Club, has to complete the Fighting Fit Pre-Workout Questionnaire.

(b)  You will not be permitted to use the Club until you have completed the Fighting Fit Pre-Workout Questionnaire.

(c)  Jetts reserves the right to restrict, suspend or terminate your membership if Jetts is of the reasonable opinion that you are unfit to utilise the Club on a 24/7 basis. If your membership is restricted or suspended for this reason, your membership will not be reinstated until you provide Jetts with a medical certificate confirming that you are fit to train.

 

11.Video and Audio Surveillance

(a)  For security purposes, Jetts uses video and audio surveillance equipment to monitor the Club on a 24 hour basis.

(b)  By accepting this Agreement you acknowledge that by accessing any “Jetts” branded club you will be subject to video and audio surveillance and recording.

(c)  Video and audio surveillance is limited to the floor area only, and is not within the walls of the bathrooms or assessment rooms.

 

12. Equipment

(a)  You understand and acknowledge that Jetts purchases or leases the equipment from a third party and therefore does not manufacture any of the fitness or other equipment used in the Club.

(b)  You understand and acknowledge that Jetts is providing recreational services and may not be held liable for defective products or equipment.

 

13. Liability for Property

(a)  Jetts is not liable to you for any personal property that is damaged, lost, or stolen while on or around the Club including, but not limited to, a vehicle or its contents or any property left in a locker.

(b)  If you cause damage to the Club or any equipment you are liable to Jetts for its cost of repair or replacement.

 

14. Release and Indemnity

  1. Jetts is entitled to ask you to agree to exclude, restrict or modify its liability for death or any personal injury suffered by you on Club premises, or from the use of our facilities or equipment.
  2. If you accept this Agreement, you agree to restrict the liability of Jetts if you are killed or injured, with the result that compensation may not be payable if you or a third party suffers death or personal injury.
  3. Jetts may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by accepting this Agreement. Even if you accept this Agreement, you may still have further legal rights against Jetts.
  4. A parent or legal guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child's rights.

 

15. Release and Indemnity (Western Australia)

  1. You use the facilities provided by Jetts at the Club at your own risk and acknowledge that the use of the Club may involve risk of injury, whether caused by you or another party. By accepting this Agreement you agree that Jetts will not be liable for any loss, injury, damage or theft of property, belonging to or brought onto Club premises by you, or for any death, personal injury or illness on Club premises, or from using our facilities or equipment.
  2. This release does not apply if your death or injury results from gross negligence on our part.

 

16. Cooling Off Period

(a)  All new memberships are subject to a cooling off period of 10 business days.

(b)  A request for termination of membership during the cooling off period must be made by Written Notice unless this Agreement is defined as an unsolicited consumer agreement under the Australian Consumer Law, in which case termination may be written or oral.

(c) For any membership terminated validly during the cooling off period, Jetts will refund to you the total of all Membership Fees.

 

17. Your Right to Terminate Your Membership

(a)  You may terminate your membership at any time on the following basis:

(i)   You provide a request for termination of your membership in writing to Jetts.

(ii)  If your request for termination is for reason of permanent sickness or physical incapacity and this prevents you from using the Club:

(A)  your request must be accompanied by a medical certificate evidencing such permanent sickness or physical incapacity; and

(B)  there will be a refund of any unused Membership Fees.

(iii)  In the event of death, your estate must provide written evidence in the form of a death certificate and all unused Membership Fees will be refunded.

(iv)  If your request for termination is for reasons other than permanent sickness or physical incapacity:

(A)  in relation to DD Memberships:

(1)  you may terminate your membership at any time;

(2)  you must provide Jetts with Written Notice of termination with Jetts processing your termination as follows: (a) Written Notices received before 5pm on a Business Day will be actioned that Business Day or (b) Written Notices received after 5pm or on a day other than a Business Day will be actioned the next Business Day; and;

(3)  the Member will not incur any financial obligations under this Agreement on and from the date that the Written Notice has been processed and accepted by Jetts and the Member has a right to continue attending the Club until the Member’s pre-paid period expires.

(B)  in relation to PIA Members:

(1)  you may not terminate the membership during the prepaid period (or get a refund), unless you suffer from a permanent sickness or physical incapacity as described in clause 17(a)(ii); and

(2)  if you do not renew your PIA membership by the renewal date, your membership will automatically expire.

 

18. Jetts’ Right to Restrict or Terminate Your Membership

(a) Jetts may restrict your membership (including by limiting access to other “Jetts” branded clubs and for limiting access to Staffed Hours) at any time on the following basis:

(i)   concern for the health and/or safety of the Member; or

(ii)  non-compliance, improper or harmful conduct engaged in by the Member.

(b)  Jetts may terminate your membership at any time on the following basis:

(i)   you fail to make any payments of your Membership Fees;

(ii)  Jetts reasonably suspects that you are engaging in illegal activity in the Club;

(iii)  you fail to follow any of the Policies or Club Rules, or violate any part of this Agreement; or

(iv)  your conduct is improper or harmful to the best interest of Jetts Members.

(c)  In the event that Jetts terminates your membership in accordance with clause 18(b), termination will be effective on the date that Jetts sends Written Notice. You are liable for all financial obligations until that date. If you are a PIA Member, Jetts will not refund any unused portion of your fees.

(d) Upon termination of your membership by Jetts, you will cease to have access to the Club, and Jetts has the discretion to deny you access to any ”Jetts” branded club. Any money owing to Jetts when your membership ends, remains immediately due and payable and Jetts will deduct the amount outstanding from any refund which you may be eligible. If there is not enough money to cover the amount owing to Jetts, you must pay the balance of the amount owing.

(e)  Upon termination of your membership by your election, you may continue to use the Club for any period that you have paid in advance. You will cease to have access to the Club once any period you have paid in advance expires.

(f)  Termination or expiration of this Agreement shall be without prejudice to the rights of each party against the other in respect of anything done or omitted under this Agreement prior to such termination or expiration.

 

19. Termination and Unauthorised Cessation of Direct Debit

(a) If you terminate the Agreement or stop the automatic debit arrangement in a manner not described in the Agreement, then you may be liable to Jetts for any unpaid fees, or fees incurred by Jetts.

 

20. Assignment

Jetts may assign or novate its rights under this Agreement at any time without prior consent.

 

21. Risk Warning

(a)   Jetts warns that whilst you are on our premises using our Club and recreational services, you are at risk of suffering physical harm or personal injury including broken bones, soft tissue injuries, joint injuries, permanent disability or death. These injuries may occur from you:

(i)    slipping on wet flooring;

(ii)   being struck by weights;

(iii)  colliding with equipment, or other Members;

(iv)  engaging in strenuous exercise and activities; or

(v)   incorrect use of equipment or Club,

(b)   You acknowledge that any such injury may result not only from your actions but from the action, omission or negligence of others.

(c)   You acknowledge and agree that the above mentioned injuries and potential causes of injuries are not exhaustive, and there are other unknown or anticipated risks that may result in injury, illness or death.

(d)  You acknowledge that whilst every attempt is made to ensure that the recreational services and facilities provided by Jetts are safe, there are some significant and inherent risks involved, and you agree that you are participating voluntarily at your own risk and responsibility, thereby exposing yourself to certain risks.

 

22. Member Acknowledgement

I acknowledge that this is an ongoing membership agreement. The Agreement will continue until either you or Jetts terminates in the way described in clauses 17 or 18 of these Membership Terms and Conditions. If an automatic debit arrangement is in place, Membership Fees will continue to be debited from your credit card or account until you or Jetts cancels the arrangement by notifying your bank or credit provider. If you terminate the agreement or stop the automatic debit arrangement in a manner not described in the Terms and Conditions, then you may be liable to Jetts for damages for breach of contract.

 

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