1 JOINING WICKEDBODZ
1.1 HOW OLD DO YOU HAVE TO BE?
Meeting our minimum age –
You must be at least 14 years old to become a member.
Joining aged 14–15
If you are under 16, a parent or guardian must sign your membership agreement and pre-exercise questionnaire. You can then use cardiovascular equipment. You may not do unsupervised resistance training or take part in small group classes that use weights.
Joining aged 16–17
If you are 16 or 17, a parent or guardian must co-sign your agreement and pre-exercise questionnaire.
- You may then do unsupervised resistance training once a qualified staff member has: assessed your pre-exercise questionnaire
- Written and supervised an initial resistance training program for you and following that, approves you to do so.
1.2 WHEN DOES YOUR AGREEMENT START?
Signing your agreement
You have an agreement with us when you have signed it and we have accepted it. If these terms and conditions or your agreement differ from anything you are told at the club or over the phone, these terms and your agreement will apply, unless written confirmation is received from a WickedBodz employee.
Paying a start up fee
You need to pay a start up fee when you join or renew. This fee is listed in your membership agreement. We cannot refund the fee, even if you cancel during your satisfaction guarantee period.
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 agreement is signed to correct it.
1.3 CAN YOU CHANGE YOUR MIND?
Using your satisfaction guarantee
You can cancel your agreement during your satisfaction guarantee period. You have 14 days from the date you sign your initial agreement or from our grand opening date (which ever is the latter). To cancel your membership, please see 3.1.
We will then cancel your agreement and refund your initial payment, less your start up fee. This is only applicable for new membership agreements with first time members.
Using your Fitness Guarantee
If you are unhappy with your membership after spending 3 months with us, we will arrange for cancellation without paying fees or giving notice, as long as you:
- Have a rolling contract
- Have entered the club & exercised 3 or more times a week on average since your initial joining date (note: if you choose a new membership contract option, your initial joining date still applies)
1.4 WHAT ABOUT YOUR HEALTH?
Promising you are in good health
On the day you sign your agreement and each time you use WickedBodz Fitness, 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.
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.
When you join WickedBodz, we will offer you personal training at a reduced rate, or a complimentary group session.
1.5 WHEN DO YOU PAY MEMBERSHIP FEES?
Paying for ongoing memberships
You pay fees for ongoing memberships in advance each fortnight, by direct debit from a bank account or credit card.
Please note that:
- Debit dates start on the day that you start your membership.
- If your usual direct debit day 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.
See also 5.2 for our privacy statement and acknowledgment.
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 to avoid penalty.
Querying a payment
If you query a payment, we will do our best to respond within 7 days. If you are not happy with our response, you may contact your financial institution. It will handle your query in line with its own policy.
1.6 WHAT HAPPENS IF YOUR PAYMENT IS LATE OR FAILS?
Losing your club access
If you do not fully pay your fees on the due date, we will suspend your club 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 your club
- 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 for the length of your agreement. 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 complete your minimum term.
1.7 CAN WE CHANGE YOUR AGREEMENT?
Staying up to date with our terms
We may sometimes add to, change or remove our terms and conditions. This includes changing opening and closing hours, our services and facilities and membership fees. Sometimes, we may also close parts of the gym for refurbishment to improve their facilities. We do not reduce your membership fees because of any of the above or for a public holiday.
The most up-to-date terms and conditions always apply. You can find them on our website at www.wickedbodz.com.
Being notified about changes
We will give you at least 28 days notice of any changes, for instance by:
- publishing them in our newsletter or on our website.
- placing a notice in the gym
- phoning you or writing to the email address you last gave us.
Cancelling your membership
If we do not fulfil our obligations to you, you may be able to cancel your membership (see 3.1). Unless the law states otherwise, you won’t have any other claim against us if this happens.
1.8 CAN WE INCREASE YOUR FEES?
Being notified about changes
We reserve the right to increase your fees at any time after the minimum period of your agreement has ended.
We will make a reasonable effort to tell you about this at least 28 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.
Authorising us to increase debits
Where we have made a reasonable effort to let you know about a fee increase, you authorise us to increase any debits from your nominated account.
2 USING WICKEDBODZ FITNESS CENTRE
2.1 HOW CAN YOU USE YOUR ACCESS CARD?
Showing photo ID
We will give you an access card when you join. We will also attach your photo to your account on our digital membership database. If you visit the club without a valid access card and photo identification, we may refuse you entry.
Your membership card
The access card is our property. You cannot lend your card or allow anyone else to use it. If you lose or damage your card, we will replace one card every 12 months for free. We will charge you $5 for any extra cards.
2.2 HOW CAN YOU PROTECT YOUR HEALTH?
Telling us about your health risks
If you believe any club 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 on an appropriate exercise program.
Managing infections and illnesses
You must not use club facilities if:
- you have an infection, contagious illness or physical ailment, such as an open cut or sore
- there is any other risk, however small, to other members and guests.
2.3 HOW CAN YOU GIVE US FEEDBACK?
Commenting on your membership
Your feedback is important in helping us to provide a great service. If you have any comments or questions about our clubs, website or service, we welcome you to contact us.
You can also email us at email@example.com. We will make every attempt to contact you within 5 business days, where possible. Some enquiries are more complex than others and might take time to resolve, but we will always let you know.
If you have a complaint, we will follow our complaints process, which will help us to address your concerns quickly and effectively.
Speaking to club staff
Our club staff are always happy to help. If you would prefer to speak with a manager, please let our reception team know. If no managers are immediately available, the reception team will ensure someone contacts you as soon as possible.
3 THINGS TO KNOW AT THE END OF YOUR MEMBERSHIP
3.1 HOW CAN YOU CANCEL YOUR MEMBERSHIP?
Cancelling your membership
You can ask to cancel your membership by:
- Phoning us on 0410 418 818
- Emailing us at firstname.lastname@example.org
- Speaking to the reception team at our gym.
- Writing to us (preferably by registered post) and address to:
WickedBodz First Class Fitness Centre
L1-1 Chevron Renaissance
3240 Gold Coast Highway
Sufers Paradise QLD 4217
Confirming your request
When you do this, please always
- Give us your email address so we can confirm your request in writing
- Keep a copy of your request
3.2 HOW DO YOU CANCEL AFTER THE MINIMUM TERM?
Cancelling after the minimum term expires
Once the minimum term of your membership expires, you or we may cancel your membership (see 3.1). When you cancel, you must pay us any fees you owe or we may take action to recover them.
Giving us notice
You must give us at least 28 days’ notice to cancel, unless you are cancelling for medical reasons (with supporting evidence). We count this period from the date of your request. To ensure your direct debit does not continue past your minimum term, you must give us notice within this term.
3.3 CAN YOU CANCEL DURING THE MINIMUM TERM?
Cancelling without paying out your agreement
You can cancel your membership if time freeze is not suitable during the minimum term if:
- you are sick or incapacitated – you must show us a certificate from a qualified medical practitioner stating that you cannot exercise for the rest of your term.
- you are bankrupt–you must show us supporting documents.
We will not charge you an exit fee in these cases.
Transferring your membership to another person
You can transfer your membership to another person (transferee) within the minimum term of your agreement so long as the transferee:
- is not a current member
- completes the new membership sign-up process and pays a transfer fee equivalent to the start up fee
- is eligible to take up your membership (for instance, you cannot transfer a discount or concession membership to someone who would not qualify for that membership)
- has not previously been banned by WickedBodz or failed to pay membership fees.
The transfer is effective only after the transferee has completed the sign-up process.
We do not allow transfers once you have completed your minimum term.
Cancelling for other reasons
If you wish to cancel for any other reason and have more than 28 days left in your minimum term, you can pay out your agreement.
We calculate the amount you must pay by:
- multiplying your fortnightly fee by the number of fortnights left in your minimum term
- deducting 5% from the total.
3.4 CAN YOU CANCEL IF WE CHANGE THE AGREEMENT?
Cancelling if changes to our terms & conditions adversely affect you
You can cancel your membership at any time if we change or add to these terms and conditions and these changes adversely affect you.
You can also cancel your membership if we breach our obligations and we do not fix the breach in a reasonable time after you have told us about it in writing.
In either case, you need to give us 28 days’ notice (see 3.1). We will not charge an exit fee.
Receiving a refund for prepaid programs
If you pay for a program in advance, we will refund the fee within 6 months of purchase if:
- the program is cancelled
- you can show us medical evidence that the program will cause you physical harm or injury
- the law requires us to refund the fee.
We will refund any other fees that the law requires.
4 WICKEDBODZ CODE OF CONDUCT
4.1 WHAT RULES APPLY TO OUR FACILITIES?
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
- keep to the set time limits
- do not leave your belongings on equipment
- keep phone calls and other noise to an absolute minimum
- Put equipment away after use.
Note also that you must not use a camera in our clubs without written permission
Keeping your belongings safe
We provide shelves you can use while exercising but these are not security lockers. Please keep your access card with you and do not bring valuables into the gym.
Unfortunately, thefts do happen. We cannot accept responsibility for any loss or damage to your belongings while you are at the gym.
If you leave belongings at the gym overnight we may remove them. We give lost property to charity each week, including any unclaimed items.
Wearing suitable clothes
All members and guests must wear suitable clothes and enclosed sports shoes in any exercise areas, except for the boxing areas. We do not allow clothes with offensive images or inappropriate advertising.
You park in the centre’s car park at your own risk. We are not liable for any loss or damage to your vehicle or its contents. Please keep to the set time limits for parking or you may be charged an extra fee.
4.2 CAN YOU BRING GUESTS TO THE CLUB?
Paying for guests
You can bring guests into the gym for a fee (see current price list in the gym). We decide how many visits a guest can make at our discretion. Please phone us to learn more.
For security reasons, quiet and well-behaved children can only wait in the gym if accompanied by an adult who is seated with them. For the enjoyment of other members, unruly or disruptive children (and their minders) will be asked to leave the gym.
Meeting our conditions
Your guests must:
- be at least 14 years old
- be accompanied by you and leave when you do
- sign the guest register and show photo ID
- fill in a pre-exercise questionnaire on their first visit
- follow the terms set out in the guest register and questionnaire, and all other signs and handouts.
4.3 WHAT HAPPENS IF YOU BREAK THE CODE?
Being refused entry or receiving a warning
We can refuse entry to anyone, including members, if they act unreasonably or break the code.
We may also warn you that you risk having your membership cancelled. If you continue to behave in the same way, we may cancel your membership immediately.
Facing instant cancellation
We can cancel your membership without warning if you behave in a way that is risky or seriously inappropriate, such as:
- threatening or harassing others
- damaging equipment
- using illegal drugs
- instructing other members when we have not authorised you to do so.
5 OTHER LEGAL STUFF YOU NEED TO KNOW
5.1 WHAT ARE YOUR RESPONSIBILITIES?
Meeting your responsibilities
Your responsibilities, including payment of membership fees, do not depend on how often you use a club.
You must tell us about anything that affects your membership, and any changes to your contact and bank details.
Promising to take care
You promise to:
- make sure that you know how to exercise safely, by asking if necessary
- use your best endeavours to exercise safely
- not take valuables into the club.
1.Statement of Commitment
WickedBodz is committed to protecting your privacy and any personal information we collect. WickedBodz complies with the Privacy Act 1988 (Cth). This policy explains how we may collect, use, disclose and otherwise handle personal and sensitive information.
WickedBodz is committed to safeguarding personal privacy. It recognises that individuals have a right to control how their personal information is collected and used. Providing personal information is an act of trust and it is taken seriously. Unless given consent to do otherwise, WickedBodz will only collect and use personal information as set out below.
2. Collecting personal information
WickedBodz will not collect or monitor any personal information about an individual without their consent. The only personal information collected is what a member or prospective member provides voluntarily.
We collect personal information primarily to enable us to provide members with our services. WickedBodz may also use the information for marketing to you or for any other purpose permitted under the Privacy Act 1988 (Cth).
You don’t need to identify yourself when you deal with us (e.g. to find out more about membership packages) however in certain situations we will only deal with individuals who have identified themselves to us.
When a membership or product is purchased personal information will be requested in order to provide the requested service or product, provide updated information, and advise of other WickedBodz products or services, which may be of interest. You are not obligated to provide personal information however failure to do so may result in WickedBodz being unable to provide services or products to you.
Personal information is collected directly from members or potential future members when they personally complete and submit an application form to become a member of WickedBodz. This can be done in person at the gym, on line via our website or on the phone via one of our staff.
3. Collecting Sensitive Information
4. Use of tracking technologies
WickedBodz uses tracking technologies such as cookies or web beacons to make use of the website and services as convenient as possible. Cookies are pieces of information that a web site transfers to a computer’s hard disk for record keeping purposes. Web Beacon is a technical method that sends information related to the access to websites, when you browse websites, open or preview an HTML-formatted email. Most web browsers are set to accept tracking technologies such as cookies or web beacons. These tracking technologies do not themselves personally identify users, although they do identify a user’s browser. These tracking technologies allow WickedBodz to monitor the WickedBodz web site, and to record how many people are using the different parts of the site.
It is possible to set the browser to refuse tracking technologies such as cookies or web beacons, however, this may limit the services provided by WickedBodz’s web site.
5. Using 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 WickedBodz;
- 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.
WickedBodz may employ other companies or service providers to assist us in providing our services, including (but not limited to) marketing, market research, mail-house services, hosting and product development services, analysis of member lists and/ or consulting 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.
WickedBodz recognise the trust with which individuals provide personal information, and such information will not be used or disclosed for any other purposes without consent, except in exceptional cases when disclosure may be required by law or is necessary to protect the rights or property of WickedBodz, any associated WickedBodz group company, or any member of the public, or to lessen a serious threat to a person’s health or safety.
6. Contact by WickedBodz
WickedBodz does not send advertising information without obtaining prior consent. If an individual receives communications from WickedBodz, which they do not wish to receive, they may remove their name from the database by contacting WickedBodz at email@example.com.
7. 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 WickedBodz database. Information may be reviewed, amended or deleted by emailing us at firstname.lastname@example.org, or calling 0450 439 547.
A request may be made 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. Deletion of information may result in WickedBodz being unable to sell products directly and/or provide certain services including after sales services.
8. Storage and security of personal and/or sensitive information
WickedBodz takes all reasonable steps to keep secure personal information recorded 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: these repositories are protected in controlled facilities. In some cases these facilities may be overseas. WickedBodz employees and data processors are obliged to respect the confidentiality of any personal and/or sensitive information held by WickedBodz. WickedBodz only permits authorised personnel to access your information and information will only be disclosed to third parties where they have the appropriate authority. We destroy or de-identify personal information we no longer need, wherever possible.
9. WickedBodz and links to other web sites
WickedBodz provides links to web sites outside of the WickedBodz site. These linked sites are not under the control of Wickedbodz, and WickedBodz is not responsible for the conduct of companies linked to the WickedBodz web site, nor for the performance or otherwise of any content and/or software contained in such external websites.
10. 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).
Allowing us to use your image
We sometimes film or photograph the gym so it is possible you will appear in the background. By signing your agreement, you allow us to use your image in promotional and other business-related material.
5.3 WHAT HAPPENS IF YOU HAVE ISSUES WITH OUTSIDE PROVIDERS?
Paying outside providers, including personal trainers
Contractors, tenants and franchisees provide some services in our gym, such as personal training and massage. You will need to pay service fees directly to them and we are not responsible for those fees or for any associated costs or refunds.
Claiming against these providers
Any service they provide is a contract between them and you and we cannot accept any responsibility for a breach of contract or negligence.
If you make a claim because of something a contractor or tenant has or has not done, your claim should be brought against the provider, not us, whether you have paid them or not. You release us from any claim resulting from an act or omission by a contractor or tenant.
Asking for our help
Wherever we can, we will help you to resolve issues with providers. We will also make sure that personal trainers in our gym have up-to-date qualifications and insurance.
5.4 WHAT ELSE SHOULD YOU KNOW?
Having your contract transferred
We can assign or transfer the benefit of your contract to a person, firm or company at any time. We will give you 28 days’ notice in writing. We can also sub-contract our obligations to someone else without notice. But if we do, we are still responsible for ensuring those obligations are met.
All agreement fees include goods and services tax (GST). Your fees will change in line with any government GST rate changes, even if you are in your minimum term.
5.5 WHICH LAWS APPLY?
Meeting state laws
Your agreement is subject to Australian law and is governed by the QLD state laws.
If a court decides that any section of your agreement is invalid or unenforceable, that section will be deleted from the agreement. The other sections will remain valid and enforceable.
Restricting your rights to sue
Under the Competition and Consumer Act 2010, we guarantee that our recreational services are:
- provided with due care and skill
- 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
- supplied within a reasonable time.
However, under certain legislative provisions, we may ask you to agree that these conditions do not apply to you. If you sign the agreement, you will be agreeing that your rights to sue us are excluded, restricted or modified as set out in these terms and conditions. This applies if you are injured (including injury that results in death) because the services were not rendered with due care and skill, or they were not reasonably fit for their purpose.
This change to your rights does not apply if your death or injury is due to our gross negligence. Gross negligence is defined in the Fair Trading (Recreational Services) Regulations 2004.
5.6 WHAT DEFINITIONS APPLY?
We, Us, Our – WickedBodz First Class Fitness Centre
You, Your – A member of WickedBodz
The Gym – WickedBodz First Class Fitness Centre
Minimum Term – The term specified in the Membership application and agreement form
Code – Code for operating equipment, opening hours and behaviour in the club, specified in these terms and conditions, and in club signs and handouts