MEMBERSHIP TERMS & CONDITIONS
1. INTRODUCTION AND CONTRACT
a. Your Membership is governed by Our Membership Terms.
b. By submitting an Enrolment for Membership which is accepted by Us, You enter into a Contract with Us and agree to become a Member subject to the Membership Terms.
c. It is important You have read and understood all the Membership Terms prior to signing or submitting an Enrolment for Membership. If You have any questions, please ask Us before You sign or submit Your Enrolment for Membership.
d. We reserve the right to reject any Enrolment for Membership at Our sole discretion.
e. If the Contract differs from anything You are told at a Gym or over the phone, the Contract applies unless you have received written confirmation from Us agreeing to any such differences.
f. Once Your Enrolment for Membership is accepted, Your Membership will commence on the Membership Start Date.
2. DEFINITIONS AND INTERPRETATION
a. Words and expressions used in these terms and conditions, unless otherwise expressed otherwise have the following meanings:
i. Benefits means all goods, services and facilities, provided or supplied by Us or Our approved third parties which You receive or are entitled to use because of Your Membership.
ii. Billing Services Provider means Stripe Payments Australia Pty Ltd ACN 160 180 343 (also known as ‘Stripe’) and PayPal Australia Pty Limited ACN 111 195 389 (also known as ‘PayPal’) any other third-party provider of billing services or direct debit agents which we may use from time to time.
iii. Contract means the contract between You and Us for Your Membership which consist of the Enrolment for Membership and the Membership Terms.
iv. DDR means a Direct Debit Request under which You authorise us or a Billing Services Provider to deduct payments for Your Membership fees from a bank account or credit card nominated by You.
v. Enrolment for Membership means the form, as required by Us in such format as We approve from time to time, for a person to submit a request for Membership to Us.
vi. Studio means a Run Move Connect studio.
vii.Class means a Run Move Connect class or session, including Social Saturdays.
viii. Event means a Run Move Connect event.
ix.Membership means Your membership with Us which provides you with the Benefits in accordance with the Contract.
x. Membership Start Date means the date notified by Us to You once we accept Your Enrolment for Membership.
xi. Membership Terms means these membership terms and conditions and the Rules.
xii. Party means either You or Us as the context required and Parties means You and Us collectively.
xiii. Rules mean the rules of conduct that apply to all Members, guests and visitors at or in any Run Move Connect event ot studio and which are found on signage and handouts at the Gyms or on Our Website.
xiv. We, Us, Our , RMC or Run Move Connect means B T Kitto & H I Squires t/a Run Move Connect, their assigns and their employees, servants and agents.
xv. Website means the content found at the domain https://www.runmoveconnect.com.au.
xvi. You, Your, Yourself means the person specified as the member in Your Enrolment for Membership.
a. When you attend an Event or Studio You must abide by the Rules.
b. If You breach any Rules:
i. We will respond in a way which we consider fair and reasonable about the nature and severity of the breach which may include:
a written warning; or
suspension or cancellation of Your membership.
ii. which causes Us or another person cost, loss or damage, You indemnify and will keep indemnified Us or that person for such cost, loss or damage.
4. MEMBERSHIP INFORMATION
a. The Benefits You receive with Your Membership is determined by the membership category you select in your Enrolment for Membership.
b. You may be required to participate in an orientation or induction to familiarise Yourself with the Benefits and it is Your responsibility to book in an orientation or induction.
c. We reserve the right to introduce, withdraw or vary membership categories by providing You thirty (30) days written notice.
d. Membership categories are those set out in the Enrolment for Membership form or our Website from time to time.
e. Membership duration is either Weekly, Monthly or Annual as selected in the Enrolment Form:
f. 10-session passes must be utilised within 6 months from the date of purchase
g. Youth engagement memberships are available to individuals aged 10-16 years of age. You are required to notify Us when your age exceeds 16 and Your membership will be converted to a standard membership from Your next billing cycle. Failure to notify of this will allow Us to recover any losses incurred through a failure to convert the membership.
5. HEALTH AND INJURIES
a. You warrant You have made through the Pre-Exercise Screening and will continue for the duration of Your Membership, to make Us aware of any medical conditions or health problems which may be exacerbated by participating in physical exercise and have, for any current condition obtained, and for any future condition will obtain clearance from a registered medical practitioner to participate in physical exercise.
b. You acknowledge and agree:
i. You are aware of the possible health and safety risks associated with participating in physical activity and willingly engage in exercise which may from time to time be strenuous;
ii. exercising and using the Benefits may involve risk of injury and You exercise and use the Studio at Your own risk;
iii. if Your medical conditions change, You must inform us and will need to sign and re-complete a Pre-Exercise Screening;
iv. You will not attend any class or utilise any other Benefits if You are suffering from illness, disease, injury or any other condition that could present a risk to the health or safety of other members, guests, Our employees or Yourself.
v. Our employees and contractors are not medically trained and cannot and will not provide You with medical advice regarding Your medical fitness or health and any information on these topics is not professional advice and only a guide as to the perceived limitations of Your exercise ability;
vi. We reserve the right to refuse entry to classes or terminate Your Membership if, in Our reasonable opinion, You do not satisfy the medical or physical conditions required to safely participate in any activities offered by Us and which can be utilised with Your Membership;
vii. You will not conduct Yourself in a manner which will or may cause harm or discomfort to Yourself or other members;
viii. to immediately notify Our employees or contractors of:
any injuries You sustain in a Gym or while undertaking any of Our activities; or
injury or changes in Your health which may impact Your ability to continue Your exercise program or use the associated Benefits provided by Us.
ix. You may need to receive medical treatment, in the event of an injury, accident or illness while at a class or studio undertaking Our activities and you consent to receiving such medical treatment.
6. AGE – Under 18 years old
a. If You are under 18 years old, a parent or guardian must sign all documents required by Us.
b. We reserve the right to refuse You access to classes or the studio if You are under the age of 18 and attend the Gym without Your parent or guardian present.
c. Your parent or guardian acknowledges and agrees to be fully responsible for all claims, actions, damages, injuries and loss to property and any other person, which is caused by You.
d. We may ask You for a doctor’s clearance and require You to obtain an exercise program from a personal trainer before You are allowed access to the Gym.
e. By signing the Enrolment for Membership on Your behalf, Your parent or guardian acknowledges and agrees to be a party to the Contract and is responsible for ensuring that Your membership fees are paid and up to date.
7. SATISFACTION PERIOD
a. You may cancel Your Membership at any time during the first twenty-one (21) days from Your Membership Start Date.
b. To cancel Your Membership during the Satisfaction Period , You must email firstname.lastname@example.org stating your wish to cancel within the satisfaction period.
c. If you have used Your Membership during the Satisfaction Period, we will refund any prorated amounts for unused membership payable to You, l
d. After the Satisfaction Period has expired, You agree to the term of Your Membership as specified in the Enrolment for Membership.
a. You are personally responsible for payment to Us of Your Membership fees as and when they fall due.
b. Your Membership fees are payable in advance in accordance with the Membership category selected on Your Enrolment for Membership.
c. We reserve the right to use the services of a third-party billing company to deduct Membership fee payments.
d. It is Your responsibility to ensure that You have sufficient funds in Your nominated bank account when the fortnightly payments are to be direct debited. If there is insufficient funds in Your nominated bank account, or there is another reason that Your account was unable to be debited, You will be responsible for any administration fees and or collection fees charged by Us and any third-party billing providers.
e. If You fall into arrears in respect of any Membership fees payable, all arrears must be paid by You in full before You can use any Gym or receive further Benefits and You authorise Us to deduct any arrears from Your nominated bank account or credit card provided to Us at any time without further notice to You.
f. If You do not pay Your Membership fees when due We reserve the right to:
1. terminate Your Membership;
2. suspend Your Membership and disable Your access to classes or events.
g. We are not liable for any fees incurred by You from Your designated bank or card provider for any late fees or charges incurred for failing to meet direct debit agreement with Us.
h. If You seek to terminate the Contract or stop the automatic debit arrangement in a manner not prescribed in the Membership Terms, You may be liable to Us for damages for breach of contract.
i. You must tell Us if you are transferring or closing Your account or card, at least 7 days before Your next direct debit. You must also tell Us about any changes to Your account or credit card, such as an expiry date or number, at least 7 days before Your next direct debit.
j. Run Move Connect reviews Membership fees periodically and may change the Membership fees from time to time.
k. Your Membership fees may be increased at Our discretion at any time, subject to thirty (30) days written notice to You and unless You notify Us otherwise and seek to cancel Your Membership, You authorise Us to charge the increased Membership fee and make direct debits from Your nominated bank account or credit card.
l. All Membership fees include all government taxes and rates and We reserve the right to change Your Membership fees in line with any government tax and rate changes.
m. Any discount code or offer is provided at Our sole discretion of Run Move Connect and may be removed or altered at any time subject to thirty (30) days written notice to You and unless You notify Us otherwise and seek to cancel Your Membership
9. USE OF BILLING SERVICE PROVIDERS AND DDR’s
a. Our current Billing Services Providers are Stripe Payments Australia Pty Ltd ACN 160 180 343 (also known as ‘Stripe’) and PayPal Australia Pty Limited ACN 111 195 389 (also known as ‘PayPal’ who administer, and process direct debit arrangements agreed to by members. Stripe and/or PayPal make periodic debits from your nominated bank account or credit card on Our behalf for Your Membership fee payments at intervals and amounts as directed by Us in accordance with:
i. the Contract; and
ii. Any subsequent Terms and Conditions provided by Billing Service Providers and per their respective website
b. Any change in Billing Services Providers by Us will be notified to You and take effect pursuant to clause 25 of the Membership Terms.
c. Our Billing Service Providers charge fees for using their direct debit service. However, Our Billing Service Providers fees are paid by Us to Our Billing Service Providers directly and no other fee is payable by You to Our Billing Service Providers, unless otherwise notified by Us to You pursuant to the Membership Terms.
d. You further acknowledge and agree:
i. You will contact Us, not Our Billing Service Providers directly, if You wish to alter, defer, stop or cancel Your DDR;
ii. Our Billing Service Providers are acting as a direct debit agent for Us and that Our Billing Service Providers do not provide any goods or services (other than the direct debit collection services) to You for Us pursuant to the Contract andsubsequent terms and conditions and has no express or implied liability in relation to the goods and services provided or to be provided by Us or the terms and conditions of any agreement that You have with Us;
iii. any dispute regarding a debit will be directed to Us. If no resolution is forthcoming, You will contact Your financial institution;
iv. Our Billing Service Providers may attempt to re-process any unsuccessful payments as instructed by Us;
v. You appoint Our Billing Service Providers as Your agent for the control, management and protection of Your personal information (relating to Us and your DDR) which is disclosed to Our Billing Service Providers;
vii. You authorise Our Billing Service Providers to verify with Your financial institution and/or correct details of Your account and for Your financial institution to release information allowing Our Billing Service Providers to verify Your account details.
a. You acknowledge:
i. We may use independent contractors to provide Benefits at all classes, events or Studio locations.
ii. there may be other services, including personal training services, by Us, contractors, and others which are offered separately to the Benefits; and
b. You release Us , agree not to hold Us liable and indemnify Us against any claims, demands, losses or damages suffered by You arising from Your use or acceptance of any third-party services or the negligence of such third parties.
a. You may cancel Your Membership at any time after the end of a Satisfaction Period, however, all cancellation requests are subject to the Membership category and minimum term as outlined in Your Contract.
b. All cancellation requests require twenty-eight (28) days-notice via completion of the Cancellation Request Form on the website. All cancellation requests via any other medium will not be accepted.
c. We reserve the right to deny a cancellation request if You do not fully comply with the Member Terms for cancellation.
12. TERMINATION OF MEMBERSHIP BY US
a. In addition to any other reasons set out in the Member Terms, We may terminate Your membership immediately by emailing or writing to you at the contact addresses We have on Our records if You:
i. commit a serious breach of Your Contract which is not capable of remedy;
ii. repeatedly breach Your Contract irrespective of whether the failures can be remedied or not;
iii. otherwise breach Your Contract and the breach, if capable of remedy, is not remedied within 14 days of Us giving You notice to do so and informing You that Your membership will be terminated if You fail to do so;
iv. fail to pay any part of your Membership fees for more than two (2) days after falling due;
v. provide us with details which You know to be false when submitted on Your Enrolment for Membership Form and which may have affected Our decision to grant You membership; or
vi. in the reasonable opinion of Our staff, You are not suitable for continued membership; or
vii. put the health, safety or well-being of Our staff or Our other members at risk; or
viii. damage Our equipment; or
ix. use illegal or performance-enhancing drugs on any of Our premises.
b. If We terminate Your membership for any of the above reasons, We may:
i. (without limiting any other right or remedy) recover any other reasonable costs and expenses We may incur as a result of Your breach;
ii.collect the full amount of Your Membership fees for the remainder of the then current billing period and any other arrears;
iii. collect any Membership fees and fees that are outstanding when Your Membership is terminated; and
iv. use third parties to assist in the collection of outstanding Membership fees or other moneys owed and You will be liable for these costs.
a. You cannot assign any rights or benefits under Your Contract unless you have obtained Our prior written consent.
b. We may, at any time without Your consent, assign or transfer any rights or benefits under Your Contract by providing You with written notice.
14. PERSONAL TRAINING
a. You may engage Us or other independent contractors on Our premises to provide personal training services by completing the necessary request via Our website.
b. All personal training sessions must be paid by You in advance.
c. Any cancellations must be made twenty-four (24) hours prior to the personal training session directly via email to email@example.com. Failure by You to provide notice will result in forfeiting the personal training session.
d. If adequate notice is provided a make-up session must be arranged within the same monthly cycle otherwise Your personal training session is forfeited (unless otherwise agreed with Us in writing).
e. If You fail to complete personal training sessions within the monthly cycle, We are not obliged to refund or credit personal training sessions.
f. You may place Your personal training agreement on hold by providing notice to Us via email to firstname.lastname@example.org at least seventy-two (72) hours prior to the billing date. Personal training freezes are for set time periods only and any charges after this period will not be refunded.
g. All cancellations of any personal training agreement must be submitted in writing to Us via email to email@example.com.
h. If You:
i. have paid for personal training sessions in advance they are non-refundable unless agreed to by Us in writing;
15. RUNNING COACHING AND REMOTE RUNNING COACHING
a. You may engage Us or other independent contractors on Our premises to provide running coaching by completing the necessary request via Our website.
b. All running coaching sessions must be paid by You in advance.
a. All bookings for classes can be made online, via the Run Move Connect Website, or WIX Spaces app.
b. If You have not booked for a class, You are not guaranteed a position within the class and We may refuse You entry to the class.
c. If You are booked in for a class and need to cancel You are encouraged to cancel at least 10 hours prior to the class starting, otherwise it will be regarded as a Late Cancellation. We forgive 2 Late Cancellations per calendar month. However, should You miss any further classes without providing Us with at least 10 hours' notice (by cancelling your booking via our Fitness Playground App) You will incur a Late Cancellation charge of $5.
d. If You Early Cancel more than 10 classes per month, We reserve the right to charge You an $5 fee per Cancellation over and above this limit or restrict your access to classes for a period of time.
17. YOUR PERSONAL INFORMATION
a. You are responsible for advising Us of changes to Your personal information. If Your personal contact information or other details change, You must update Us as soon as possible for the purposes of billing, marketing and contacting You.
b. Where Run Move Connect is required to provide any written notification, We will send the notice to the email or home address on the Enrolment for Membership or any updated address You have provided to Us since joining.
c. Any notice sent by Us in accordance with this clause will be deemed received by You three (3) business days from the date of dispatch.
d. Unless otherwise expressly specified in the Member Terms, any written notice or completed form provided to Usd must be sent by email to firstname.lastname@example.org. Only notices delivered to Us in this way will be considered a valid notice.
18. INTERNET ACCESS AND SOCIAL MEDIA
b. You are personally responsible for the content that You publish online, whether in a blog, social network or social computing site or any other form of user-generated media.
c. We advise mindfulness, that what You publish will be public for a long time. In the circumstances, You agree to protect Your privacy and take care to understand a site’s terms of service.
d. You acknowledge and agree to be careful when sharing Your location and to protect Your own privacy and security.
e. We are not responsible or liable for any breach to Your privacy, security or harassment or bullying which You may encounter online or while using Our internet, shared network or machinery.
19. LIMITATION OF LIABILITY
a. Under the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) (CCA), we guarantee the services we supply are:
i. provided with due care and skill;
ii. fit for any purpose You have told Us You are using the services for or for a result which You have told us You wish to achieve;
iii. supplied within a reasonable time.
b. By entering into the Contract, you agree, to the extent allowed by section 139A of the CCA, to exclude or modify our liability to you for death or injury from our failure to comply with ACL guarantees.
c. This exclusion does not apply if your death or injury is caused by our “reckless conduct” (as defined in the CCA).
d. Nothing in the Membership Terms excludes, restricts or modifies any terms; conditions; warranties; guarantees, rights or remedies which cannot be lawfully excluded, restricted or modified. Otherwise, unless expressly included in the Membership Terms, all implied terms, conditions, warranties, guarantees, rights or remedies that can be lawfully excluded are excluded. In particular, but subject to the above, we are not liable for death or injury caused by Our negligence or breach of implied terms that the Benefits will be provided with reasonable care and skill at common law. This does not exclude Our liability for reckless conduct.
e. Subject to any breach by Us of the Membership Terms or Our legal obligations You acknowledge and agree that Us, Our directors or nominated agents, contractors, staff or shareholders are not liable for any loss, damage or personal injury suffered by You, whether directly or indirectly arising out of any act or omission by Us, Our directors, agents, contractors, staff or shareholders.
f. You acknowledge sole responsibility for any personal equipment or belongings. You promise not to unnecessarily bring valuables into the Studio or any other venue where a Class or Event is conducted. Run Move Connect will not be held liable for any loss, damage or theft of property belonging to or brought into the Studio or any other venue where a Class or Event by You or a Guest, unless such event is due to the negligence of Us.
g. You agree to pay Us for any loss and damage to the Gym or any of Our property caused by You or Your guest through a wilful, wrongful or negligent act or as a result of Your, or their breach of the Membership Terms.
a. We adhere to the emergency or crisis response procedures of the Venues which our Studio and events are located within and must be followed by You in any emergencies.
21. CHANGES TO MEMBERSHIP TERMS
a. Run Move Connect may amend the Membership Terms and will advise this via email. This includes changes to any Class or Event availability, the Benefits and Membership fees.
b. Any changes will be effective immediately and You will be deemed to have accepted them by continuing to use Your Membership.
22. COMPLAINTS AND FEEDBACK
a. If you have any concerns about the Benefits or anything else in relation to Your membership, You should first raise it with us via email at email@example.com.
b. If you believe a member of Our staff, independent contractor or another member harassed You, please make Us and the appropriate authorities aware immediately.
23. OTHER TERMS
a. We are not responsible if You cannot access Benefits because of an event caused by a natural force (such as fire or flood) or a road or building closure or something similar beyond our reasonable control.
b. The failure by Us to enforce any of Our rights at any time for any period is not to be construed as a waiver of these rights.
c. Any failure by Us to identify or act upon a breach of Your Contract is not to be deemed to be an affirmation by Us that Your behaviour is acceptable.
d. If a Court decides that any section of the Contract is invalid or unenforceable, that section will be deleted from the Contract.
e. The laws of Tasmania apply to the Contract.