BREAKTHROUGH FITNESS’ PROMISE TO YOU

We promise to keep you informed of your rights and responsibilities to ensure you get the most out of your experience as a member of our facility. Once you become a member, you agree to be bound by the terms and conditions set out and referred to in this document, together with any ancillary documents associated with your membership.

  1. DEFINITIONS
  • Membership Agreement: A form requiring you to enter into an agreement with Breakthrough Fitness Australia Pty Ltd (Breakthrough Fitness) to become a member.
  • Member: includes you, your heirs, trustees and executors.
  • Authorised representative: A Director or Manager of the facility.
  • Membership fees: The fees that are due and payable by you pursuant to your Membership package.
  • Membership key: The key used to gain access to our facility.
  • Membership package: A type of membership you can select. Various packages include different entitlements and membership fees.
  • Ongoing member: You are an ongoing member if you select a membership package which does not specify a period of time and you are required to make regular fortnightly payments. Your membership only ceases when it is cancelled in accordance with these terms and conditions.
  • Pre-paid member: You are a pre-paid member if you select a package for a specified period of time. Your membership will expire at the end of the term of your membership.
  • Notice: means notice in writing, given in person, by email, or post, unless otherwise stated in these terms and conditions.

2.  MEMBERSHIP

2.1       You become a member of Breakthrough Fitness when you select and pay for a membership package that suits you. You will need to complete our ‘Membership Agreement’ form which states that you agree to be bound by these terms and conditions.

2.2       If you obtain information that differs from what is contained in these terms and conditions by a staff member or any other person of our facility, then these terms and conditions will apply, unless stated otherwise by an authorised representative of Breakthrough Fitness in writing.

2.3       It is your responsibility to read the terms and conditions of your membership immediately prior to becoming a member as these terms and conditions are subject to change.

  1. MEMBERSHIP AGE REQUIREMENTS

3.1       You must be at least 16 years of age to become a member of Breakthrough Fitness. Some membership packages have different minimum age requirements.

Visit www.btfitness.com.au to see our available membership packages under ‘Training’ for minimum age requirements.

3.2       No access will be granted to children under the age of 16 without the supervision of a parent or guardian.

  1. ASSIGNMENT

4.1       Your membership cannot be assigned or transferred to another person unless approved in writing by an authorised representative of Breakthrough Fitness.

  1. COOLING-OFF PERIOD

5.1       If you sign up for an ongoing membership to our facility, you will have a 7 day cooling-off period after signing your Membership Agreement.

5.2       Your Membership Agreement can be terminated without a reason within 7 days’ notice by providing written notice to an authorised representative of Breakthrough Fitness.

5.3       If you terminate your membership before the cooling-off period expires, then your initial membership fee will be refunded to you less a $25.00 administration fee within seven (7) days from the date on which you gave notice.

  1. MEMBERSHIP ACCESS

6.1       You are granted access to our facility:

  • To enjoy the entitlements you receive under your membership package;
  • During the times set out in your membership package; and
  • For the term of your membership.

6.2       Access is subject to you:

  • Complying with the security requirements and ID checks required by our facility;
  • Not using vulgar language or displaying inappropriate behaviour;
  • Not abusing use of the equipment
  • Paying the applicable fees of your membership package on time;
  • Utilising our gym during our operating hours including class times and availability; and
  • Your continuing adherence to these terms and conditions.

6.3       Breakthrough Fitness can deny or restrict access to you or your guest at its own discretion if:

  • You have not paid your fees by the due date;
  • If you display inappropriate behaviour;
  • If your membership has been cancelled or suspended;
  • If you do not comply with these terms and conditions; or
  • For any other reason it deems fit.
  1. MEMBERSHIP KEY

7.1       You will be issued a membership key to access our facility during operating hours and within the times set out in your membership package.

7.2       A deposit bond of $20.00 will be required upon a membership key being issued to you.

7.3       You must return your membership key to a staff member or authorised representative of Breakthrough Fitness upon termination or expiration of your membership and the deposit bond of $20.00 will be refunded to you within seven (7) days from the date of return.

7.4       You will be denied access to our facility if you do not have a membership key.

7.5       You must not give your membership key to anyone, whether or not that person is a member of our facility, otherwise a violation of this rule may result in your membership being cancelled or suspended by Breakthrough Fitness.

7.6       You must alert a staff member or authorised representative of Breakthrough Fitness immediately after becoming aware that your membership key has been lost or stolen. Replacement fees will apply, see clause 11.2(e).

  1. TYPES OF MEMBERSHIP PACKAGES

8.1       You can sign up to any of our available membership packages displayed on our website under ‘Training’.

  1. SCHEDULING CLASSES

9.1       Breakthrough Fitness utilises the MINDBODY platform to ensure you have quick and easy access to our services and classes online. You must use the MINDBODY platform to book classes prior to attending that class or you can use this platform to conveniently book a class when you arrive at our facility through your mobile device or at our front desk counter. Registration to a class will close 15 minutes prior to the session.

Download the Breakthrough Fitness app  to access the MINDBODY Platform to book your next class or session.

9.2       You are not permitted to attend any class or program without booking that class prior to its commencement.

9.3       You must ensure you promptly arrive to each class or session as your class or session duration will not be extended due to your late arrival. This means that if your session or class is scheduled to commence at 1pm for a period of 1 hour and you are 15 minutes late, your session or class will finish at 2pm.

  1. MEMBERSHIP FEES

10.1     Fees for the membership packages are displayed upon signing up to the gym on your Ezidebit form which you sign and agree to.

10.2     Membership fees are non-refundable, except as provided for by these terms and conditions.

10.3     Breakthrough Fitness reserves the right to vary its fees and additional charges at any time without first providing notice to you.

10.4     A one off joining fee of $75 applies to new clients, and will be charged upon signing the contract.

10.5     Ongoing Members:

10.5.1  Subject to clauses 11, 12 & 13 of these terms and conditions, you agree to pay the applicable membership fees for the membership package you select in advance each week/fortnight as specified in your Membership Agreement, by direct debit from your nominated bank account, or credit card, up until the day your membership is cancelled, suspended, or paid in full.

10.5.2  If you are an ongoing member, you are exempt from fee increases that occur after the commencement of your Membership Agreement until the date your membership is cancelled. If you cancel your membership you will be subject to the current fees and charges.

10.6     Pre-paid Members:

10.6.1  Subject to clauses 11, 12 & 13 of these terms and conditions, you agree to pay for the entire period of your membership package, whether or not you have utilised our facilities or the entitlements available to you under your pre-paid membership package, prior to the commencement of your membership package.

10.6.2  If you are a pre-paid member, you can choose to renew your membership in writing before your membership expires at your existing rate, otherwise you will be subject to the current fees and charges.

10.6.3  You can pay upfront by cash, direct debit or credit card if you are a pre-paid member for some membership packages. Please speak to one our friendly staff to see if upfront payments are available to your selected package.

  1. PAYMENTS & ADDITIONAL FEES

11.1     Breakthrough Fitness uses an external company, Ezidebit, to process its direct debit payments. If you are an ongoing member, or pre-paid member who elects direct debit, or credit, as a method of payment, you are agreeing with the Ezidebit privacy policy. It is your responsibility to read the Ezidebit privacy policy prior to becoming a member.

A link to the Ezidebit privacy policy is provided below:

http://www.ezidebit.com/wp-content/uploads/2015/08/ezidebit-privacy-policy.pdf

11.2     You authorise us to:

  1. Direct debit your nominated bank account or credit card weekly or fortnightly as specified in your Membership Agreement;
  2. Charge you a surcharge of 2% for credit card payments made by Visa or MasterCard and a surcharge of 4% for credit card payments made by American Express or Diners Club, to be added to your weekly or fortnightly debit if you elect to pay by credit card;
  3. Charge you a late fee of $25.00 for each unsuccessful payment for membership fees or any additional charges. This will be debited from your account at your next direct debit;
  4. Charge you additional fees being bank charges incurred by the payment provider for any overdue or late payments;
  5. Charge you a fee of $40.00 if your access pass is lost or damaged and requires replacement; and
  6. Continue to direct debit your nominated account, or to obtain through any other means necessary, without notice to you, all outstanding fees and additional charges until they are paid in full whether or not your membership is cancelled, suspended or the term has expired.

11.3     Your responsibilities for direct debit payments:

  1. You must sign and execute all documents necessary to authorise us to direct debit your nominated bank account;
  2. You must ensure your nominated bank account can accept direct debit;
  3. You must ensure there is sufficient funds in your nominated bank account prior to your membership fees being debited;
  4. You will be responsible for any bank charges incurred as a result of an unsuccessful debit from your nominated bank account; and
  5. You must notify us at least seven (7) days prior to your account being debited of any changes to your nominated bank account or credit card or if you wish to vary your method of payment (subject to approved methods of payment).
  1. MEMBERSHIP CANCELLATION

12.1     Ongoing Members:

12.1.1  If you are an ongoing member, you can cancel your membership for any reason at any time by providing a minimum of 30 days’ notice in writing to an authorized representative of Breakthrough Fitness. If you have signed up on the $29.95 per week deal you are locked in to a 6 month contract. If you wish to terminate your contract before the 6 month period has lapsed you are required to pay the remainder of your contract in full.

12.1.2  Your ongoing membership will be cancelled after the expiration of the 30 day notice period or 6 month contract and all payments for membership fees will cease at that time, subject to clause 11.2 of these terms and conditions.

12.1.3   On the $29.95 per week deal a total of $778.70 plus processing fees must be paid to Breakthrough Fitness (26 payments if a weekly option is chosen or 13 payments if a fortnightly option is chosen.) If you request to suspend your membership, your contract termination date will extend until the total contract payment has been made.  You may suspend your membership in accordance with Section 13.

12.2     Cancelling for a medical reason

12.2.1  You may request to cancel your ongoing or pre-paid membership at any time for a medical reason. You will need to put your request in writing and provide supporting evidence to an authorised representative of Breakthrough Fitness who at his/her own discretion make a decision in writing whether or not to waive the 30 day notice period or 6 month contract.

12.2.2  If you obtain written approval to cancel your ongoing or pre-paid membership in accordance with clause 12.2.1, then you will be entitled to a refund of the pro-rata balance of your membership less a $25.00 administration fee within three (3) months of cancellation.

12.4     Pre-paid Members:

12.4.1  No refund is available on upfront payments if you cancel your pre-paid membership package or personal training session. Pre-paid personal training sessions can be rescheduled to another suitable time if you provide at least 24 hours notice in writing to an authorised representative of Breakthrough Fitness. You will be charged the full amount of your pre-paid session and unable to reschedule if you cancel within the 24 hour period.

12.5     In the event of death or serious disability, your membership and liability of membership fees will cease upon notice in writing and supporting evidence of death or disability being provided to an authorised representative of Breakthrough Fitness.

12.6     Breakthrough Fitness reserves the right to cancel or suspend your membership at any time in circumstances where you have not abided by these terms and conditions, including but not limited to the following:

  • Threating or harassing staff members, other members or anyone else in our facility;
  • Causing damage to our facility including our equipment;
  • Carrying out any illegal activity in our facility; or
  • Displaying disruptive or inappropriate behaviour in our facility.

12.7     Your membership will be cancelled in accordance with clause 12.6 immediately upon you receiving verbal or written notice from an authorised representative of Breakthrough Fitness. Breakthrough Fitness will endeavour to provide you notice in writing within 24 hours from a decision being made to cancel your membership.

  1. MEMBERSHIP SUSPENSION

13.1     You may request a suspension of your membership in writing to an authorised representative of Breakthrough Fitness for any of the following reasons:

  • For medical illness or misadventure;
  • For overseas trips; or
  • For any other reason you feel may warrant the suspension of your membership.

13.2     Your membership can only be suspended once per year and for a maximum period of twelve (12) weeks for the reasons set out in clause 13.1.

13.3     Suspension of your membership is not automatic. Your request to suspend your membership will be assessed by an authorised representative of Breakthrough Fitness who will assess your request and make a decision in writing at his/her own discretion whether to approve or deny your request.

13.4     Your suspension period and all payments for membership fees will be suspended upon the date of approval.

13.5     Weekly or fortnightly direct debit payments will be deferred for the duration of the suspension time and will recommence at the expiration of the suspension period without notice.

13.6     An administrative fee of $25.00 will be incurred by you if your membership suspension is approved. This clause does not apply to pre-paid memberships.

13.7     Breakthrough Fitness reserves the right to suspend or cancel your membership at any time in circumstances where you have not abided by these terms and conditions or for any other reason it deems fit.

13.8     Your membership will be suspended in accordance with clause 13.7 immediately upon you receiving verbal or written notice from an authorised representative of Breakthrough Fitness. Breakthrough Fitness will endeavour to provide you notice in writing within 24 hours from a decision being made to suspend your membership.

 

  1. CHANGES TO YOUR AGREEMENT

14.1     Breakthrough Fitness reserves the right, in its sole discretion, to add, vary or delete these terms and conditions at any time without notice to you. We will endeavour to give you at least 30 days’ notice of any scheduled changes to these terms and conditions by publishing a notice on our website.

Visit www.btfitness.com.au to access our up-to-date terms and conditions under ‘Terms and Conditions’.

14.2     Breakthrough Fitness may add, vary, delete or cease the following:-

  • Our operating hours including or scheduled hours of any of our services or classes at any time;
  • The facilities, services or classes we offer; and
  • Any applicable membership fees or related charges;

14.3     It is your responsibility to check the timetable on our website for all changes in class or session including times and availability.

14.4     You accept and acknowledge that our facility, or a particular class or session, may not be available to you due to the following:-

  • Limited class or session times and availability;
  • A class or session no longer being offered;
  • Mechanical faults or breakdowns;
  • Scheduled maintenance of our facility and equipment;
  • Fire, fire damage or natural disasters;
  • Loss of lease; or
  • Any other reason beyond the control of our facility.

14.5     If we suspend our facility’s operation, temporarily or permanently, for any of the above occurrences in clause 14.4 of these terms and conditions, we will notify you on our website as soon as practically possible, or by publishing a notice on our website within 30 days of such occurrence.

14.6     If our facility’s operation is suspended for any of the above occurrences in clause 14.4, then your membership will be extended free of charge for the period our facility is unavailable. This means if our facility is closed for four (4) weeks you will be entitled to an extension of your membership for a period of four (4) weeks or the sessions or classes you have pre-paid for during that period at no additional cost to you.

  1. YOUR RESPONSIBILITIES

15.1     You are responsible for:

  • Adhering to the terms and conditions of our facility including our conditions of entry, and any other rules imposed by our facility;
  • Notifying our facility of any details or information that may affect your membership;
  • Ensuring that you complete an accurate health and fitness questionnaire prior to becoming a member which you must submit to a staff member or authorised representative of Breakthrough Fitness by providing full disclosure of all pre-existing medical conditions or of any information which may affect your membership;
  • Using the equipment safely and responsibly;
  • Supervising any minors that you bring to our facility; and
  • Respecting others.
  1. SECURITY

16.1     Our facility is under 24 hour surveillance and your access to our facility will be recorded for security purposes. By accepting these terms and conditions you acknowledge that by accessing our facility you will be subject to video and audio surveillance.

16.2     You must exercise caution and be aware of your surroundings while you are on our premises.

16.3     Breakthrough will not be responsible for the theft, loss or damage to personal belongings whilst on our premises.

  1. RULES

17.1     Using our equipment

You are responsible for using our equipment correctly and responsibly. You must follow the instructions of our staff or any written instructions prior to using our equipment and exercise due care and diligence at all times.

You should:

  • Bring a towel to every workout to wipe down the equipment after use;
  • Use the equipment for the specified amount of time (if applicable); and
  • Store all equipment away safely and correctly.

17.2     Lost Property

All items found in our facility are placed in lost property for a period of three (3) months. After this period we will dispose of unclaimed items in any way we see fit. Breakthrough Fitness is not responsible and bears no liability for any lost or stolen items whilst members are on our premises.

17.3     Mobile Phone Use

The use of cameras and mobile phones in change rooms or toilets is strictly prohibited.

17.4     Exercise Attire

Appropriate active wear and closed training shoes must be worn while at our premises. Work clothes, thongs or boots are not permitted at our facility.

17.5     Lockers

You may have access to on-site lockers to store your belongings while at our premises. You must not leave any valuables in your locker as we will not be responsible for lost or stolen items even if your locker is broken into.

17.6     Parking

There is on-site parking available for your convenience. You are allowed to park free of charge provided you hold a valid membership or are a guest of a person who holds a valid membership. We are not responsible or liable for any loss or damage caused to your vehicle or its contents while parked at our premises.

17.7     Damage to our facility

If you, your guest or your child, wilfully or negligently damages our equipment, property or facility in any way you will be liable to pay for the damage.

  1. RELEASE AND INDEMNITY

18.1 Risk of Injury

18.1.1  You acknowledge and accept that you use our facility at your own risk and acknowledge that the use of our facility, including but not limited to participation in our classes, and use of our equipment, may involve risk of injury.

18.1.2  By accepting these terms and conditions you agree that Breakthrough Fitness will not be liable for any loss, damage or theft of property belonging to or brought into our facility by you, or any death or personal injury on our premises from use of our facility or equipment, not resulting from gross negligence on our part.

18.1.3  You hereby release and indemnify Breakthrough Fitness including its staff members and agents, from liability for any personal injury, death, disability or loss of or damage of personal belongings, which may arise from your use of our facility and or equipment, whether caused by you or a third party.

18.2 Risk of Injury to children

18.2.1  You hereby release and indemnify Breakthrough Fitness including its staff members and agents, from liability for any personal injury, death, disability or loss of or damage to personal belongings of any child if you are a parent or guardian of that child. You agree to be fully responsible for the actions of any child as the parent or guardian of that child, whether or not they are under your direct supervision.

18.3 Equipment

18.3.1  You acknowledge and accept that Breakthrough Fitness purchases or leases equipment from a third party including manufacturers and is not liable for defective products or equipment.

18.4 Photography/Videography

18.4.1  You acknowledge and accept that photography and videography of our facility and any sessions or classes may occur during our operating hours and you authorise and permit our facility to use any or all photographs and/or videos for the purposes of marketing material including but not limited to our website, flyers, newsletters and our social media.
18.5 Incident Report

18.5.1 All injuries, including minor injuries, which require medical attention or use of the first aid kit should be reported to an authorised representative of Breakthrough Fitness as soon as practically possible.

18.5.2  In circumstances of serious injury an incident report should be completed no later than 24 hours after the incident.

  1. PRIVACY

19.1     Breakthrough Fitness is required to collect your personal information for the purpose of providing our service to you as members. We collect your information in line with our privacy policy below and in compliance with the Privacy Act 1988 (Cth).

19.2     How we use your personal information

19.2.1  Breakthrough Fitness collects personal information about you with your consent when you become a member. We are committed to protecting your personal information and ensuring that your information is restricted to use for the purpose of providing our service to you.

19.2.2  We may also from time to time use your personal information for internal marketing purposes.

19.3     Types of personal information we collect

19.3.1  We collect some or all of the following information:

  • Your name;
  • Contact details;
  • Date of birth;
  • Emergency contact details;
  • Bank account details;
  • Credit card details; and
  • Personal health information.

19.3.2  You acknowledge that clause 19.3.1 is not an exhaustive list and we may require additional personal information from time to time.

19.4     How we collect your information

19.4.1  Personal information is collected from you when you complete our Membership Agreement and any accompanying forms when you become a member of Breakthrough Fitness.

19.4.2. You are not obligated to provide your personal information to us as we are not permitted to obtain your personal information without your consent. However, you should be aware that we may not be able to offer you membership to our facility without certain information being provided to us.

19.5     Use and disclosure of your personal information

19.5.1  Your personal information will be used in the following ways:

  • To complete your Membership Agreement to become a member;
  • To obtain fees for services rendered under your membership agreement;
  • To schedule classes or sessions;
  • To provide your information to third parties in relation to obtaining direct debit payments from you; and
  • To provide information about promotional offers and internal marketing material to you.

19.5.2  Breakthrough Fitness may engage the services of third parties, being other companies, or service providers to assist us in providing our services. These third parties may have access to your personal information that is required solely to perform their function and for no other purposes.

19.5.3  Breakthrough Fitness will disclose your personal information in circumstances where we are required by law or where it is necessary to protect Breakthrough Fitness’ legal interests.

  1. VALIDITY OF YOUR AGREEMENT

20.1     If anything in these terms and conditions or your Membership Agreement conflicts with the Competition and Consumer Act 2010 (Cth) (the Act), including the Australian Consumer Law, then that particular term is held to be invalid according to law and the Act and Australian Consumer Law will apply.

20.2     If any of these terms and conditions is invalid according to law, then that part will be severed and the balance of these terms and conditions will remain valid, and in full force and effect.

  1. FEEDBACK & COMPLAINTS

21.1     Your feedback is important to us and we value your opinion about our services. You can contact us at any time by phone, email, or by speaking to one of our friendly staff in person to provide useful feedback on our services.

21.2     You can make a complaint about our facility or the services we offer by:

  • Asking to speak to a Manager in person at our facility;
  • Over the phone;
  • Sending an email to the Manager; or
  • Submitting an enquiry on our website.

We will endeavour to respond to your complaint as soon as practically possible, or within seven (7) days from the date your complaint was received, whichever is earlier.

  1. CONTACT US

You can contact Breakthrough Fitness by email at info@btfitness.com.au or by phone on 0430 205 691 with any enquiries. Alternatively, you can submit an enquiry on our website at www.btfitness.com.au

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