TERMS AND CONDITIONS OF MEMBERSHIP AND USE OF BOX/GYM
Terms and Conditions V1.3 – Stuff you should know
1 Things to know at the start of your membership
As a member, or casual user at Tone Athletica, you can use our gym in line with these terms and conditions, including the gym code.
Signing your agreement
You have an agreement with us, and these Terms and Conditions apply when you have signed the Membership Application form or On-Line Waiver and we have accepted it. There is a 7 day cooling off period after your membership is accepted (except in the case of Flexi– fortnightly memberships).
If these Terms and Conditions, or your Membership Application form or On-Line Waiver differ from anything you were told at the gym or over the phone, these terms and your Membership Application form or On-Line Waiver will apply, unless written confirmation is received from a Tone Athletica employee. It is important that you have read and understood all of these Agreement terms and conditions before signing the Membership Application form or On-line Waiver. If you have any questions please ask us.
Paying a start-up fee and contract period
We DON’T charge a membership start-up fee when you join, or make you sign up for lengthy contract terms – It’s your choice. Hurray!
Understanding our rights
If we do not enforce our agreement rights at any time, it does not mean we have waived those rights, no matter how long we wait. If there is a miscalculation in your membership agreement, we have 7 days after the Membership Application or On-Line Waiver is signed to correct it.
1.1 MEMBERSHIP TERMS
Memberships contain either a “12, 6 or 3 month” or are deemed “Flexi – 2 week” minimum terms.
> “12 month minimum term” means 26 fortnightly payments followed by fortnightly payments at the then current Flexi rates
> “6 month minimum term” means 13 fortnightly payments followed by fortnightly payments at the then current Flexi rate
> ”3 month minimum term” means 6 fortnightly payments followed by fortnightly payments at the then current Flexi rates
> “Flexi – one fortnight” means fortnightly scheduled payments at the then current Flexi rates – no cooling off period applies
1.2 SUSPENDING YOUR MEMBERSHIP
Members may apply for their Membership to be suspended, subject to 1 week notice.
1.2.1 Each member can take up two fortnightly payments (4 weeks) free suspension per year, a $20 per fortnight fee applies otherwise. The minimum suspension period is one fortnightly payment, with a maximum of 12 weeks being six fortnightly payments in 12 calendar months.
1.2.2 Suspended periods will not count towards the membership’s contractual term, rather the minimum applicable term will be extended by the number of suspended payment periods/months taken.
1.2.3 Memberships may not be suspended during the notice period of cancellation (see 1.3 Membership Cancellations).
1.2.4 Members on a Fortnightly or Monthly contract payment type will have their suspension fee/s taken via Direct Debit. Members on a Paid in Full contract type must settle their suspension fee/s upfront in advance.
1.2.5 Suspending for reasons of illness, injury or pregnancy will be reviewed and leniency may be applied in relation to the fee and notice period. Appropriate medical documentation must be attached to the request for this to be considered.
1.3 MEMBERSHIP CANCELLATIONS
Depending on the term of your membership:
1.3.1 At the start of the membership, after the 7 day cooling off period has expired, you are not entitled to cancel your membership during the initial term except by following the terms set out in this agreement. The main rules about cancellations are that you can’t cancel:
- during a period for which you have paid (i.e. get a refund – unless you cancel during your cooling off period),
- during the initial term specified, including amendments for suspended payment periods
- or whilst your membership is suspended
1.3.2 All Cancellation requests must be made in writing at least 7 days prior to the cancellation date (after the minimum term specified). Requests via phone, fax, email or other medium may not be processed unless adequate written documentation is provided in case of a dispute. The date of cancellation will be determined by:
- end of the 7 day written notification period or other appropriate documentation date plus,
- any suspended payment periods which were added to the initial term
1.3.3 The Member takes full responsibility for ensuring that Tone Athletica has received the notification, and should be aware that the notice period will apply from when the notification is received by Tone Athletica.
1.3.4 If you have cancelled in your cooling off period please allow up to 10 working days after cancellation to process any refund. Cooling off period begins when agreement has been signed. Cooling off periods are not applicable to Flexi – one fortnight Membership Agreements.
1.3.5 Medical – You may cancel this agreement for medical reasons. Your doctor must provide certification that you’re unable to use the gym over an extended period, and that using its facilities and services would impair your health. The cancellation date is determined by the doctor’s certificate plus any suspended payment periods which were added to the initial term.
1.3.6 Relocation – You may cancel or transfer this agreement by giving 7 days written notice if you move your permanent residence 20km from Tone Athletica’s location. We will require you to provide information as evidence of your relocation and that it is permanent. The cancellation date is determined by the end of the 7 day written notification plus any suspended payment periods which were added to the initial term.
1.3.7 Should a Member be bound to a contracted term agreement, and is unable to use the club for the remainder of the term, the Member may apply to transfer the agreement to another person. The Member is responsible for finding someone to sign into the agreement, who has not been a Member of the Club within the last 3 months. A Transfer Fee will apply as per the Club’s current price schedule. Both the existing Member and the new Member Must attend the Club to complete the transfer application, which will not be deemed complete until a Membership Application Form or On-Line waiver has been completed and signed by the new Member.
1.3.8 A ‘Fair play’ code is in place to reward member loyalty and encourage usage. Any member can cancel their membership with 7 days notice before the end date of their current fortnightly payment period, with no penalty, if they have used the club a minimum of 3x a week -Unlimited; 2x a week - 3 Day Athlete; 2x a fortnight - 2 Day Athlete, for the last 6 weeks prior to requesting to cancel. Seven days’ notice is required after the 6 weeks of minimum gym use is complete. All data is taken from the clubs member management system. The cancellation date is determined by the end of the 7 day written notification plus any suspended payment periods which were added to the initial term.
1.3.9 All other early cancellations (i.e. cancellations prior to the end of the initial/amended contract period) attract a one off early cancellation charge of 35% of the remaining membership value.
1.3.10 We respect and welcome your right to change your mind. However, be aware that should you wish to re-join once you’ve cancelled your membership, the latest pricing will become effective or there will be a minimum of a 10% increase in pricing, whichever is greater.
1.4 TERMINATION OF AGREEMENT BY TONE ATHLETICA
Tone Athletica may terminate a Membership without notice and with immediate effect if:
1.4.1 The Member breaks these Terms & Conditions or the Club Rules, either repeatedly or one serious breach.
1.4.2 Any fees remain unpaid after repeated requests for payment by club.
1.4.3 The club is of the opinion that the Member is not suitable for continued Membership.
1.4.4 The Member puts the health, safety or well-being of staff or Members at risk. All decisions made by Tone Athletica under this clause are final and binding.
1.5 WHAT ABOUT YOUR HEALTH?
Promising you are in good health
On the day you sign your agreement and each time you use the box, you promise us that:
> you are in good physical condition
> you know of no medical or other reason why you cannot or should not do active or passive exercise
> You will advise staff before the session if this is not the case
Seeking expert advice
Our staff and contractors are not medically trained. They are not qualified to assess if you are in good physical condition and can exercise without risking your health, safety or comfort. If you have any doubts, we strongly urge you to seek expert advice before starting an exercise program.
Telling us about your health risks
If you believe any gym activities might risk your health, you must tell us this in writing with full details. You must also tell us if your medical condition changes after you join.
We may choose to refuse your membership agreement until:
> your doctor agrees in writing that you are fit to exercise
> you show us proof that you have received medical advice regarding an appropriate exercise program
2 Things to know during your membership and/or gym use
2.1 WHEN DO YOU PAY MEMBERSHIP OR GYM USE FEES?
Paying for ongoing membership
You pay fees for ongoing memberships in advance each fortnight, by direct debit from a bank account or credit card. You can pay your fortnightly fees as far in advance as you like, up to the legal time limits. Using this automated payment system helps to keep our costs, and there for your membership fees, as low as possible.
Paying for personal training and/or casual drop in sessions
Payment for any Personal Training or casual drop in sessions must be made in advance and prior to the session/s for which you have booked. This can be done via the online shop on the website at www.toneathletica.com using credit card or by direct deposit to Belle Health and Fitness P/L at St.George Bank BSB: 112 879; Account: 468 269 540
2.2 HOW DO MEMBERSHIP DIRECT DEBITS WORK?
Paying every fortnight
We will use Ezidebit to debit your membership fees from your nominated account on a fortnightly basis, as set out in your Membership Application form.
If you use a credit card (including VISA debit facilities), we will add the following credit surcharge fees:
> Direct Debit: Free (Yay!)
> Visa, Mastercard: 2.2%
> Amex, Diners: 4.4%
Please note that:
> debit dates are pre-set for each member (i.e. usually fortnightly from date of your 1st session)
> if one falls on a public holiday, we will debit your account on the next business day
> debits might take up to 5 days to come out of your account.
Meeting your responsibilities
You must make sure:
> your account can accept direct debits (your financial institution can confirm this)
> there is enough money in your account on the payment day and the next 5 days
> you tell us if you are transferring or closing your account, at least 48 hours before your next direct debit
> you tell us about any changes to your credit card, such as its expiry date or number, at least 48 hours before your next direct debit
Please tell us and your financial institution if you want to change or stop your direct debits.
Pricing is shown on your membership form and published on the Tone Athletica website. We reserve the right to change our prices or your fees at any time. However, we will make a reasonable effort to tell you about this at least 14 days beforehand by writing to the address you last gave us (which may be an email address). We will consider that you have received our letter or email on the second business day after it is sent. We won’t apply a price or fee change, to any period for which you have already made payment.
Where we have made a reasonable effort to let you know about a fee change or you have requested a change in membership type, you authorise us to change the debit amounts from your nominated account accordingly.
Losing your gym access
If you do not fully pay your fees on the due date, we will suspend your gym access until your payments are up to date and you have given us your account details. We will also charge you a late payment fee of $10 for a failed payment. This will be debited from your account, and you authorise us to do this.
Paying your outstanding debts
We will continue to debit your nominated account without notice, until we have received the total amount you owe us. We will make a reasonable effort to let you know beforehand by:
> phoning you or speaking to you at the box
> writing to the address you last gave us
For membership/s in your name, you must make sure that the payment method you choose continues as long as your agreement is in force. This includes third-party accounts. If the details you give us fail, you are liable for all resulting fees. You should update your details and are obligated to repay any outstanding debt.
2.3 HOW LONG ARE YOUR LIMITED SESSIONS/WEEK VALID?
When you have limited sessions per week (i.e. 2 or 3 days per week), they are to be used within the fortnight for which you have paid. Generally, unused session at the end of a paid fortnight, are forfeited.
2.4 WHAT IF YOU WANT TO SUSPEND YOUR MEMBERSHIP?
You may suspend your payments free of charge from a minimum of 2, to a maximum 4, weeks per membership year (i.e. 2 Ezidebit fortnightly payment cycles). Suspended periods will not count towards the Membership’s contractual term. Rather the minimum applicable term will be extended by the number of suspended payment periods/months taken. See 1.2 – Suspending your membership, for full terms and conditions.
As mentioned earlier, in 1.3 Cancellations, you can’t get a refund on an already debited payment, so you must let us know before the event that you wish to suspend your payment/s. A little bit of planning ahead of time, can save you some anguish and maybe cash too!
Due to illness or injury
In most injury cases, you should be able to participate at a reduced level in your sessions. If not, or in the case of illness, the minimum free suspension period is 2 weeks up to a maximum of 4 weeks. See full details and terms and conditions under 1.2.5 Suspending your Membership. Please provide a doctors certificate in these cases. Again, as per 1.3 Cancellations, there are no refunds so the suspension can only take effect from the next scheduled fortnightly payment date and must be notified at least 2 business days prior.
Suspensions – General Information
The Box is closed on Public Holidays and some other extended holiday periods. These reduced training hours are already accounted for in the cost of the Tone Athletica membership. Where there are other training interruptions, in extenuating circumstances, please discuss the possibility of delaying or putting payments on hold for a period and cost to be determined.
3. Gym Code
You must follow our gym code. Please read and follow all signs and handouts that tell you what to do. If you don’t understand something, please ask for help.
All members must train within the allocated time with a qualified coach. Under no circumstance can a client train unattended. There are opportunities in the timetable to do your own training under ‘open gym’ with the supervision of a coach.
3.2 RESPECTING OUR EQUIPMENT
You are responsible for using our facilities and equipment correctly, including adjusting levels or settings. If you are not sure how to operate any equipment, please ask our staff before you use it.
Note that you will be responsible for any damage that you or your guests cause through a wilful act or negligence.
As a courtesy to other members, please use a clean towel when you use equipment, including exercise mats, and put equipment away after use.
Note also that you must not use a camera in the gym without written permission.
3.3 KEEPING YOUR BELONGINGS SAFE
We provide lockers you can use while exercising but these are not security lockers. We cannot accept responsibility for any loss or damage to your belongings while you are at the box. If you leave belongings in a locker overnight, we may remove them. We give lost property to charity each month, including unclaimed items from lockers.
3.4 WEARING SUITABLE GYM CLOTHES
All members and guests must wear suitable clothes and enclosed sports shoes in any exercise areas. Please bring a towel for your personal use.
You are welcome to park in the 106 Old Pittwater Rd, Brookvale, car park at your own risk. We are not liable for any loss or damage to your vehicle or its contents. Please ensure you respect any allocated parking signage (especially spaces for Unit 3A – Val is really scary!).
Exercise is a very important part of our lives, so we at CrossFit Tone want to do as much as we can to make it easier for you to lead a healthier and happier life.
In consideration of Tone Athletica allowing my child/ren to participate in the crèche, I acknowledge, understand and am aware that I have voluntarily allowed them to participate and agree to the waiver I have previously signed in respect of myself, to extend to them.
Our child minding facility is offered to members to help mum’s achieve their health and fitness goals while our staff look over their children.
Even though this is a temporary facility, the carers are experienced (mostly they are mum’s themselves). However, they are not qualified child carers. They are here to assist as much as possible however, in the event that your child is unhappy or can’t be settled, the mum/guardian will be notified immediately to take over.
Please Note: For your convenience, school aged children will be allowed in the crèche during the school holidays (applicable fees apply).
To avail yourself of this facility you need to agree to follow our Crèche guidelines as follows:
- The minimum accepted age for babies is 6 weeks old.
- We ask that sick children or children with colds, flue or other contagious ailments not to be left in the crèche.
- The maximum allowable time for any child to be left in the crèche is 1 and a ½ hours.
- Only patrons utilising the centre may leave their child or children in the crèche.
- Parents must stay on the premises when their child or children are in the crèche.
- Eating will only be permitted when other children in the crèche are not inconvenienced.
- A drink will be allowed.
- Toys from home will be permitted when other children in the crèche are not inconvenienced.
- Bring spare clothes (nappy) if child is not toilet trained.
- Allergies should be advised to crèche staff.
- Please be aware that as we are a temporary facility, Vaccination statuses of children utilising the crèche are not required. However, for your child’s safety, and that of the other children utilising the crèche, we would strongly recommend having your child’s vaccinations up to date.
- Non Mum’s and Bub’s members/guests who wish to utilise the crèche during school holidays can either pay the applicable casual fee of $10/session or upgrade their membership for the required interval (fortnightly increments).
- Non Mum’s and Bub’s members/guests who wish to utilise the crèche outside of crèche hours (eg unsupervised older children) are welcome upon payment of the applicable casual fee $10/session.
Crèche opening times Monday to Friday: 9.20am to 11.40am and 3:50pm to 5:10pm Closed Public Holidays
You can turn off the cookies or web beacons on your computer, however, this may limit the services provided by Tone Athletica’s web site.
1Using and disclosing your personal information
Personal Information will be used for the following primary purpose:
To fulfil obligations under a member’s membership agreement and/or any other contract between him/her and Tone Athletica;
To render services under a member’s membership agreement;
To provide information about products, service and/or special offers to members;
To obtain opinions or comments about products and/or services from members;
To record statistical data for marketing analysis from members.
Tone Athletica may employ other companies or service providers to assist us in providing our services. These third parties may have access to personal information that is needed to perform their specific function. They cannot use that information for other purposes.
Tone Athletica recognises the trust with which individuals provide personal information, and such information will not be used or disclosed for any other purposes without consent, unless lawfully required to do so.
2 Contact by Tone Athletica
Tone Athletica does not send advertising information without obtaining prior consent. If an individual
receives communications from Tone Athletica which they do not wish to receive, they may remove
their name from the database by contacting Tone Athletica at email@example.com.
3 Individual's right of access
Individuals have the right to review, amend or delete personal and/or sensitive Information that may be recorded on the Tone Athletica database. Information may be reviewed, amended or deleted by completing the access request form at the gym’s reception, or by phoning 8021 9239.
You can make a request to delete personal and/or sensitive information, and all reasonable steps to delete the information will be made, except where it is required for legal reasons.
4 Storage and security of personal and/or sensitive information
Tone Athletica takes all reasonable steps to keep personal information recorded secure, and to keep this information accurate and up to date. The personal information is stored on secure servers if in digital format, or in locked areas if in hardcopy format.
Tone Athletica employees are obliged to respect the confidentiality of any personal and/or sensitive information held by Tone Athletica. Tone Athletica only permits authorised personnel to access your information and information will only be disclosed to third parties where they have the appropriate authority.
5 Tone Athletica and links to other websites
Tone Athletica provides links to web sites outside of the Tone Athletica site. These linked sites are not under the control of Tone Athletica, and Tone Athletica is not responsible for the conduct of companies linked to the Tone Athletica web site, nor for the performance or otherwise of any content and/or software contained in such external websites.
6 Problems, queries or complaints
If you are not satisfied with the result of your complaint to us, you can refer your complaint to the:
Office of the Australian Information Commissioner
Phone 1300 363 992
Post GPO Box 5218
Sydney NSW 2001
Online Form: www.oaic.gov.au (Privacy Complaint Form).
2 Website content and access
While Tone Athletica endeavours to take reasonable care in preparing and maintaining the information on this website we do not warrant the accuracy, reliability, adequacy or completeness of any of the website content. You acknowledge and accept that the website content may include technical inaccuracies and typographical errors. The website content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it.
It is your responsibility to enquire with us directly to ensure the accuracy and currency of the material or information you seek to rely upon. To the extent permitted by law Tone Athletica disclaims all liability for loss directly or indirectly arising from your use of or reliance on the website and the website content.
Tone Athletica does not guarantee that access to the Tone Athletica website will be uninterrupted or that the website is free from viruses or anything else which may damage any computer which accesses the Tone Athletica website or any data on such a computer.
3 Limitation of liability
To the maximum extent permitted by law Tone Athletica excludes completely all liability whatsoever for any loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) however caused (including negligence) arising out of or in connection with the website content and the use or performance of the Tone Athletica website.
Where the law implies a warranty into these Website Terms and Conditions which may not lawfully be excluded, Tone Athletica’s liability for breach of such a warranty shall be limited at its option, to any one or more of the following:
(a) in the case of goods, to anyone it determines of the following: replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; or payment of the cost of having the goods repaired; and
(b) in the case of services, to either supplying the services again or payment of the cost of having the services supplied again.
4 Intellectual property
The materials displayed on this website, including without limitation all editorial materials, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trademarks, are the property of Tone Athletica and are protected by copyright, trademark and other intellectual property laws. Any such content may be displayed and printed solely for your personal, non-commercial use within your organisation only provided that any copyright notice on such a display or page is not removed. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without the express prior written consent of Tone Athletica.
Save for the above, and unless expressly granted, Tone Athletica does not grant any licence or right in, or assign all or part of, its intellectual property rights in the content or applications incorporated into the Tone Athletica website or in the user interface of the Tone Athletica website.
Any material you send to us on or via the Tone Athletica website will be deemed to be non-confidential and non-proprietary. This includes any data, questions, comments, suggestions, ideas or other information. We will be entitled to use such material for any purpose without compensation to you.
6 Third party websites
The Tone Athletica Website may contain links to other websites operated, controlled or produced by third parties. Unless otherwise indicated, Tone Athletica does not control, endorse, sponsor or approve any such third party websites or their content nor does Tone Athletica provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content.
7 Links to Tone Athletica website
If you wish to establish a link to this website, you must first seek approval from Tone Athletica. To seek approval, please contact Tone Athletica.
The following information will be required to assess your request:
> the URL of the website that you seek to establish a link from
> a brief description of your website
> the reason that you wish to establish a link.
If Tone Athletica agrees to your proposed link, you must comply with any terms and conditions imposed by Tone Athletica as a condition of such agreement. If the nature and/or content of your website changes in any significant way, you must contact Tone Athletica and provide a new description of your website.
8 Interference with website
You must not attempt to change, add to, remove, deface, hack or otherwise interfere with this website or any material or content displayed on the Tone Athletica website.
These Terms and Conditions are governed by and construed in accordance with the State of New South Wales, Australia. In the event that a dispute arises from these Website Terms and Conditions, you agree to submit to the non-exclusive jurisdiction of the courts of NSW, Australia.
10 Changes to terms of service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.