Our Terms and Conditions
Home > Terms and Conditions
View our Terms & Conditions for members below.
1. INTRODUCTION
This document outlines the rights and responsibilities relating to the Member’s entitlements during the Membership Period to use of Infinity Gym’s facilities. It also relates to the member’s authority to Infinity Gym to directly debit the nominated bank account or credit card for any instalments or fees due under the terms and conditions of this Membership Agreement and DDR overleaf. These terms are stated below.
2. DEFINITIONS
In this Agreement unless the contrary intention appears:
2.1 The singular includes the plural and vice versa.2.2 A reference to a party includes that party’s legal personal representative heirs and assigns.2.3 ‘Member’ includes the parent or guardian of the Member if the Member is under 18 years.2.4 ‘Access Card’ means the Infinity Gym membership 24/7 access card2.5 All queries and comments about the fitness club services provided under this Membership Agreement should be directed to Infinity Gym. The Member acknowledges that Clubfit has been engaged by Infinity Gym to collect the fees due under this Membership Agreement if paying by way of direct debit, and also acknowledges that all rights of Infinity Gym under this Membership Agreement are able to be enforced by Clubfit as if it were Infinity Gym without any involvement on the part of Infinity Gym or the consent of the Member.
3. LEGALLY BINDING AGREEMENT
The Member acknowledges and agrees that:
3.1 The Direct Debit Request (DDR) and Contract is legally binding whether the use of Infinity Gym and its services is determined and paid on a fortnightly, yearly or individual basis.3.2 The membership must remain current in order to avoid paying the joining fee again.3.3 They declare that they are physically and medically fit and capable to engage in exercise and fitness programs at Infinity Gym, and have and will inform instructors of any condition or risk that may have an effect on their ability to participate in any exercise or fitness program prior to commencement,3.4 They are 18 years of age or older at the time of signing, and not under any other legal disability. If not, a parent or adult guardian will sign also.3.5 The member acknowledges and agrees to the best of my knowledge, all of the information I have supplied to Infinity Gym is correct.
4. RECEPTION AND ACCESS
4.1 All members must swipe their access card at reception door every time they attend Infinity Gym including outside staffed hours if provided. 4.2 At no stage are you permitted to give your access card to non-members to allow them to access Infinity Gym.4.3 If a member would like to train with a non-member they must attend within staffed hours and the non-member must pay the casual visitor rate.4.4 Allowing non-members into Infinity Gym is strictly prohibited. An anti-tailgating system has been fitted at the entrance and offenders will be issued a $150 fine per offence and risk having their membership cancelled4.5 When scanning your access card upon entry outside staffed hours (if provided) you will have a limited amount of time to enter. If this opportunity is missed a second scan will not be able to be done for a period of 5 minutes.4.6 Members must advise any changes of address and phone number.4.7 The facilities are available to the general public and not exclusively for members.4.8 To use Infinity Gym your account must be valid and up to date. Overdue payments can be made directly at Infinity Gym4.9 Infinity Gym requires constant video surveillance except in the change rooms4.10 All members must allow their photo taken to be attached to the membership for identification purposes
5. GENERAL CONDITIONS OF ENTRY
To ensure Infinity Gym is able to provide a high level of service in a safe, healthy and pleasant environment for all, members must comply with the following conditions:
5.1 All members will be required to comply with the following rules or will have their memberships cancelled by Infinity Gym:5.1.1 No abusive or offensive language or whose behaviour is threatening5.1.2 No entry into gym under the influence of drugs or alcohol5.1.3 No smoking is permitted inside the gym or near front entrance doors5.1.4 No chewing gum permitted5.1.5 Sweat towels must be used at all times5.1.6 Weights must be returned to their correct place after use5.1.7 Weights must not be dropped5.1.8 Correct training attire and runners must be worn in Infinity Gym – no jeans, work clothes, boots, sandals, thongs, or clothing that is likely to cause offence to others are permitted5.1.9 Always treat facilities and equipment with care
6. LOCKERS
6.1 All items stored in the lockers are at your risk and we do not accept responsibility for items lost, damaged or stolen.6.2 Bags are not permitted in Infinity Gym unless placed in the lockers provided.
7. CANCELLATION / TERMINATION
7.1 Cancellation procedure7.1.1 All cancellation requests must in the first instance be directed in writing via email to info@infinitygym.com.au. We will not accept cancellation via phone call7.1.2 Cancellations within the Minimum Term – The Member may terminate their Membership Agreement before the expiry of the minimum term if all the instalments and fees due up to the date of termination (which outstanding fees remain owing to Infinity Gym), by paying the cancellation fee of $250 or the remainder of the contract, whichever is the lesser. 14 days’ notice is required for cancellation of all memberships including cancellations within Minimum Term.7.1.3 Cancellations after completion of the Minimum Term - The Direct Debit Request (DDR) and Contract shall continue indefinitely until such time as the Member makes a request, after the expiry of the minimum term for it to terminate. Any instalments/fees due at the date of termination (including instalments/ fees which fall due during the notice period) will remain a debt owed to and recoverable by Infinity Gym. There will be a period of notice of 14 days unless otherwise specified by Infinity Gym between the date of request and the date of the next payment during which any payments due must still be paid in full. The Member should contact Infinity Gym if they have not received written confirmation of the termination within the 14 day period. The Member shall not consider that the Direct Debit Request (DDR) and Contract has been terminated until such time as this is confirmed in writing to the Member by Infinity Gym (not more than 14 days after the termination date). Termination of the Direct Debit Request (DDR) and Contract will also terminate the Direct Debit Request Authority.7.1.4 During the 14 days notice period, any scheduled payments will continue to be debited in full, without the option of pro-rata. After the final payment is made, the member will still be able to access the gym until the end of the billing period. Payments will not be waived or refunded under any circumstance. If the final payment is not paid, the membership cannot be cancelled and will continue to accrue additional fees. Infinity Gym will have the right to debit any overdue amounts at a later date, including any additional fees accrued in that period.7.1.5 Money will not be refunded for charge for services already delivered.7.1.6 Unused time of the membership will not be credited or refunded under any circumstance 7.1.7 If the membership is in a suspended status at the time of the cancellation request, the membership will be changed to active status where the 14 day notice period applies. Any scheduled payments will continue to be debited in full, until the termination date.
Paid in Full Memberships7.1 If you decide to pay your membership in full, there will be no refunds available if you wish to terminate your membership prior to the expiry date.7.2 If you purchase a paid in full membership, you have the ability to transfer the remaining time on your membership agreement to another person for a set fee as outlined in condition 8.1. 7.3 Unused time of the membership will not be credited or refunded under any circumstance
8. TRANSFER OF MEMBERSHIP BY THE MEMBER8.1 Transfer of membership will be by agreement of the Manager of Infinity Gym and will incur a Transfer Fee of $49. This fee is payable to Infinity Gym.8.2 Transfer of membership is only possible for paid in full memberships, and direct debit contracts. Transfers not available for no contract direct debits
9. REPLACEMENT ACCESS CARD FEE9.1 If a access card is lost, destroyed, or damaged and requires replacement a replacement access card fee of $39 applies payable to Infinity Gym.
10. ADDITIONAL FEES FOR SPECIAL SERVICES10.1 Some services require an additional fee such as Personal Training and any future additional services
11. DAMAGE TO INFINITY GYM11.1 Any Member who wilfully or through their negligence damages Infinity Gym or its property will pay for the damage. Members are responsible for damages caused by their guests and children.
12. SAFETY, MAINTENANCE & SERVICE DEMANDInfinity Gym may from time to time as reasonably necessary:
12.1 close off any part of Infinity Gym or isolate any piece of equipment for maintenance or safety reasons;12.2 change the hours of opening and closing or alter class timetables in accordance with demand; or12.3 vary Infinity Gym rules. Where this occurs Infinity Gym will provide reasonable notice on Infinity Gym notice boards or at reception.
13. DAMAGE & PERSONAL INJURY13.1 DisclaimerTo the extent permitted by law, Infinity Gym may exclude any liability to the Member in the Membership Agreement, tort, statute or in any other way for any injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by the Member and/or any other person, or for any costs, charges or expenses incurred by the Member, arising from or in connection with the Direct Debit Request (DDR) and Contract and/or the services/products provided by Infinity Gym and/or any act or omission of Infinity Gym.Warning under the Australian Consumer Law and Fair Trading Act 2012 (Victorian memberships only)A. If you participate in these activities your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the activities were not supplied with due care and skill or were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in or on this notice.B. Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you:*are rendered with due care and skill; and*are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and*might reasonably be expected to achieve any result you have made known to the supplier.Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
14. SEVERABILITY14.1 In the event any part of this Direct Debit Request (DDR) and Contract being or becoming void or unenforceable then that part shall be severed from the Direct Debit Request (DDR) and Contract with the intention that the balance of the Direct Debit Request (DDR) and Contract shall remain in full force and effect, unaffected by the severance.
15. SUSPENSION15.1 Suspension may be possible if on a contract plan under the terms of the Direct Debit Request (DDR) and Contract. You may suspend for a minimum of 2 weeks at a time so long as the total time suspended within a 12 month period does not exceed 6 weeks. In order to suspend you must contact Infinity Gym Manager in writing with reasonable notice (at least 3 days) prior to the date of suspension. There is a charge of $2.00 per week dependant on the type of membership while the Agreement is suspended. Any time spent on suspension will be added onto the minimum term of the Agreement so that the amount payable shall still be payable regardless of any suspension or suspension charges made.
16. BREACH OF TERMS & CONDITIONS16.1 Any breach of these terms and conditions will result in a warning and any further breach will result in a second warning and your membership may be suspended or terminated. A proven serious breach of the general conditions of entry under Clause 5 may result in immediate termination of your membership without warning. The Member, and Infinity Gym each hold reciprocal rights of termination for a material breach of any term or condition of this Membership Agreement. The Membership Agreement will be terminated upon receipt of written notice outlining the relevant breach.
17. TRANSFER OF MEMBERSHIP BY INFINITY GYM17.1 Infinity Gym will have the right to assign or novate the Membership Agreement to a third party in the event of the sale of the business.17.2 Infinity Gym may relocate to another premise within a 5 kilometre radius and the location at which the services are provided may change during the term of this Membership Agreement. 17.3 In the event of clauses 18.1 or 18.2 occurring you agree that the Direct Debit Request (DDR) and Contract will continue with the new third party and/or at the new location.
18. PAYMENTS BY DIRECT DEBIT18.1 If paying by Direct Debit the Member agrees to pay the instalment amount at the agreed payment frequency until the Direct Debit Request (DDR) and Contract is terminated in accordance with Clause 7 above. Should there be any arrears in payments the Member authorises Infinity Gym to debit the outstanding balance in order to bring the account up to date.18.2 Any failed Direct Debit attempts due to insufficient funds or wrong banking details will be changed at $10 per failed attempt and must be settled before membership can be resumed.
19. PRIVACY19.1 A Customer’s “personal information” (as that term is defined in the Privacy Act 1988 (Cth)) will only be used by Infinity Gym or Clubfit to provide you with the services contemplated by the Direct Debit Request (DDR) and Contract or in accordance with your selection relating to the Privacy disclaimer on the front page of the Direct Debit Request (DDR) and Contract.19.2 Unless you indicate to the contrary, you agree that we may use your personal information for internal marketing purposes. We may use your personal information to develop marketing lists and other programs for internal use only so that we may offer you goods and services by mail, telephone, facsimile, email or SMS. If you do not want to be contacted in this manner please notify Infinity Gym or reply “STOP” to any email or SMS.
20. CREDIT/DEBIT REPORTING AGENCIES20.1 If paying by Direct Debit, upon default by the Member in regard to any obligation under the Direct Debit Request (DDR) and Contract and failure to remedy the default after notification by Infinity Gym, the Member authorises Infinity Gym to notify any debt collection/credit reporting agency of the default. Should this occur then at Infinity Gym’s sole discretion it may terminate the Membership Agreement at which time the full outstanding balance for the remainder of the minimum term or payments (including any current arrears) shall be due in full. 20.2 The Member shall pay for all costs incurred by Infinity Gym (including costs for which the Infinity Gym may be contingently liable) in any attempt to collect any monies owed by the Member to Infinity Gym under this Agreement including debt collection agent costs, repossession costs, location search costs, process server costs and solicitor costs on a solicitor/client basis
21. INCREASE IN FEES21.1 If paying by Direct Debit, Infinity Gym may at any time AFTER the end of the minimum term, upon sending written notice to the Member’s last known address, email address or SMS and giving 14 days notice, increase the instalment amount. If the Member wishes to terminate the Direct Debit Request (DDR) and Contract as a result of the increase in the instalment amount, the Member must notify Infinity Gym in writing within 14 days of the date of the written notice sent by Infinity Gym. The Membership Agreement will be terminated upon receipt of this notice. If the Member does not notify Infinity Gym of its intention to terminate the Direct Debit Request (DDR) and Contract within such specified time period, then the Direct Debit Request (DDR) and Contract will remain in force and the increase in the instalment amount will be deemed to be accepted by the Member.
22. ENTIRE AGREEMENT22.1 The Direct Debit Request (DDR) and Contract, constitute the entire agreement, understanding and arrangement (express and implied) between the Member and Infinity Gym relating to the subject matter of the Direct Debit Request (DDR) and Contract and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.22.2 Infinity Gym has the right to update their terms and conditions without receiving additional consent from the member
1. INTRODUCTION
This document outlines the rights and responsibilities relating to the Member’s entitlements during the Membership Period to use of Infinity Gym’s facilities. It also relates to the member’s authority to Infinity Gym to directly debit the nominated bank account or credit card for any instalments or fees due under the terms and conditions of this Membership Agreement and DDR overleaf. These terms are stated below.
2. DEFINITIONS
In this Agreement unless the contrary intention appears:
2.1 The singular includes the plural and vice versa.2.2 A reference to a party includes that party’s legal personal representative heirs and assigns.2.3 ‘Member’ includes the parent or guardian of the Member if the Member is under 18 years.2.4 ‘Access Card’ means the Infinity Gym membership 24/7 access card2.5 All queries and comments about the fitness club services provided under this Membership Agreement should be directed to Infinity Gym. The Member acknowledges that Clubfit has been engaged by Infinity Gym to collect the fees due under this Membership Agreement if paying by way of direct debit, and also acknowledges that all rights of Infinity Gym under this Membership Agreement are able to be enforced by Clubfit as if it were Infinity Gym without any involvement on the part of Infinity Gym or the consent of the Member.
3. LEGALLY BINDING AGREEMENT
The Member acknowledges and agrees that:
3.1 The Direct Debit Request (DDR) and Contract is legally binding whether the use of Infinity Gym and its services is determined and paid on a fortnightly, yearly or individual basis.3.2 The membership must remain current in order to avoid paying the joining fee again.3.3 They declare that they are physically and medically fit and capable to engage in exercise and fitness programs at Infinity Gym, and have and will inform instructors of any condition or risk that may have an effect on their ability to participate in any exercise or fitness program prior to commencement,3.4 They are 18 years of age or older at the time of signing, and not under any other legal disability. If not, a parent or adult guardian will sign also.3.5 The member acknowledges and agrees to the best of my knowledge, all of the information I have supplied to Infinity Gym is correct.
4. RECEPTION AND ACCESS
4.1 All members must swipe their access card at reception door every time they attend Infinity Gym including outside staffed hours if provided. 4.2 At no stage are you permitted to give your access card to non-members to allow them to access Infinity Gym.4.3 If a member would like to train with a non-member they must attend within staffed hours and the non-member must pay the casual visitor rate.4.4 Allowing non-members into Infinity Gym is strictly prohibited. An anti-tailgating system has been fitted at the entrance and offenders will be issued a $150 fine per offence and risk having their membership cancelled4.5 When scanning your access card upon entry outside staffed hours (if provided) you will have a limited amount of time to enter. If this opportunity is missed a second scan will not be able to be done for a period of 5 minutes.4.6 Members must advise any changes of address and phone number.4.7 The facilities are available to the general public and not exclusively for members.4.8 To use Infinity Gym your account must be valid and up to date. Overdue payments can be made directly at Infinity Gym4.9 Infinity Gym requires constant video surveillance except in the change rooms4.10 All members must allow their photo taken to be attached to the membership for identification purposes
5. GENERAL CONDITIONS OF ENTRY
To ensure Infinity Gym is able to provide a high level of service in a safe, healthy and pleasant environment for all, members must comply with the following conditions:
5.1 All members will be required to comply with the following rules or will have their memberships cancelled by Infinity Gym:5.1.1 No abusive or offensive language or whose behaviour is threatening5.1.2 No entry into gym under the influence of drugs or alcohol5.1.3 No smoking is permitted inside the gym or near front entrance doors5.1.4 No chewing gum permitted5.1.5 Sweat towels must be used at all times5.1.6 Weights must be returned to their correct place after use5.1.7 Weights must not be dropped5.1.8 Correct training attire and runners must be worn in Infinity Gym – no jeans, work clothes, boots, sandals, thongs, or clothing that is likely to cause offence to others are permitted5.1.9 Always treat facilities and equipment with care
6. LOCKERS
6.1 All items stored in the lockers are at your risk and we do not accept responsibility for items lost, damaged or stolen.6.2 Bags are not permitted in Infinity Gym unless placed in the lockers provided.
7. CANCELLATION / TERMINATION
7.1 Cancellation procedure7.1.1 All cancellation requests must in the first instance be directed in writing via email to info@infinitygym.com.au. We will not accept cancellation via phone call7.1.2 Cancellations within the Minimum Term – The Member may terminate their Membership Agreement before the expiry of the minimum term if all the instalments and fees due up to the date of termination (which outstanding fees remain owing to Infinity Gym), by paying the cancellation fee of $250 or the remainder of the contract, whichever is the lesser. 14 days’ notice is required for cancellation of all memberships including cancellations within Minimum Term.7.1.3 Cancellations after completion of the Minimum Term - The Direct Debit Request (DDR) and Contract shall continue indefinitely until such time as the Member makes a request, after the expiry of the minimum term for it to terminate. Any instalments/fees due at the date of termination (including instalments/ fees which fall due during the notice period) will remain a debt owed to and recoverable by Infinity Gym. There will be a period of notice of 14 days unless otherwise specified by Infinity Gym between the date of request and the date of the next payment during which any payments due must still be paid in full. The Member should contact Infinity Gym if they have not received written confirmation of the termination within the 14 day period. The Member shall not consider that the Direct Debit Request (DDR) and Contract has been terminated until such time as this is confirmed in writing to the Member by Infinity Gym (not more than 14 days after the termination date). Termination of the Direct Debit Request (DDR) and Contract will also terminate the Direct Debit Request Authority.7.1.4 During the 14 days notice period, any scheduled payments will continue to be debited in full, without the option of pro-rata. After the final payment is made, the member will still be able to access the gym until the end of the billing period. Payments will not be waived or refunded under any circumstance. If the final payment is not paid, the membership cannot be cancelled and will continue to accrue additional fees. Infinity Gym will have the right to debit any overdue amounts at a later date, including any additional fees accrued in that period.7.1.5 Money will not be refunded for charge for services already delivered.7.1.6 Unused time of the membership will not be credited or refunded under any circumstance 7.1.7 If the membership is in a suspended status at the time of the cancellation request, the membership will be changed to active status where the 14 day notice period applies. Any scheduled payments will continue to be debited in full, until the termination date.
Paid in Full Memberships7.1 If you decide to pay your membership in full, there will be no refunds available if you wish to terminate your membership prior to the expiry date.7.2 If you purchase a paid in full membership, you have the ability to transfer the remaining time on your membership agreement to another person for a set fee as outlined in condition 8.1. 7.3 Unused time of the membership will not be credited or refunded under any circumstance
8. TRANSFER OF MEMBERSHIP BY THE MEMBER8.1 Transfer of membership will be by agreement of the Manager of Infinity Gym and will incur a Transfer Fee of $49. This fee is payable to Infinity Gym.8.2 Transfer of membership is only possible for paid in full memberships, and direct debit contracts. Transfers not available for no contract direct debits
9. REPLACEMENT ACCESS CARD FEE9.1 If a access card is lost, destroyed, or damaged and requires replacement a replacement access card fee of $39 applies payable to Infinity Gym.
10. ADDITIONAL FEES FOR SPECIAL SERVICES10.1 Some services require an additional fee such as Personal Training and any future additional services
11. DAMAGE TO INFINITY GYM11.1 Any Member who wilfully or through their negligence damages Infinity Gym or its property will pay for the damage. Members are responsible for damages caused by their guests and children.
12. SAFETY, MAINTENANCE & SERVICE DEMANDInfinity Gym may from time to time as reasonably necessary:
12.1 close off any part of Infinity Gym or isolate any piece of equipment for maintenance or safety reasons;12.2 change the hours of opening and closing or alter class timetables in accordance with demand; or12.3 vary Infinity Gym rules. Where this occurs Infinity Gym will provide reasonable notice on Infinity Gym notice boards or at reception.
13. DAMAGE & PERSONAL INJURY13.1 DisclaimerTo the extent permitted by law, Infinity Gym may exclude any liability to the Member in the Membership Agreement, tort, statute or in any other way for any injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by the Member and/or any other person, or for any costs, charges or expenses incurred by the Member, arising from or in connection with the Direct Debit Request (DDR) and Contract and/or the services/products provided by Infinity Gym and/or any act or omission of Infinity Gym.Warning under the Australian Consumer Law and Fair Trading Act 2012 (Victorian memberships only)A. If you participate in these activities your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the activities were not supplied with due care and skill or were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in or on this notice.B. Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you:*are rendered with due care and skill; and*are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and*might reasonably be expected to achieve any result you have made known to the supplier.Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
14. SEVERABILITY14.1 In the event any part of this Direct Debit Request (DDR) and Contract being or becoming void or unenforceable then that part shall be severed from the Direct Debit Request (DDR) and Contract with the intention that the balance of the Direct Debit Request (DDR) and Contract shall remain in full force and effect, unaffected by the severance.
15. SUSPENSION15.1 Suspension may be possible if on a contract plan under the terms of the Direct Debit Request (DDR) and Contract. You may suspend for a minimum of 2 weeks at a time so long as the total time suspended within a 12 month period does not exceed 6 weeks. In order to suspend you must contact Infinity Gym Manager in writing with reasonable notice (at least 3 days) prior to the date of suspension. There is a charge of $2.00 per week dependant on the type of membership while the Agreement is suspended. Any time spent on suspension will be added onto the minimum term of the Agreement so that the amount payable shall still be payable regardless of any suspension or suspension charges made.
16. BREACH OF TERMS & CONDITIONS16.1 Any breach of these terms and conditions will result in a warning and any further breach will result in a second warning and your membership may be suspended or terminated. A proven serious breach of the general conditions of entry under Clause 5 may result in immediate termination of your membership without warning. The Member, and Infinity Gym each hold reciprocal rights of termination for a material breach of any term or condition of this Membership Agreement. The Membership Agreement will be terminated upon receipt of written notice outlining the relevant breach.
17. TRANSFER OF MEMBERSHIP BY INFINITY GYM17.1 Infinity Gym will have the right to assign or novate the Membership Agreement to a third party in the event of the sale of the business.17.2 Infinity Gym may relocate to another premise within a 5 kilometre radius and the location at which the services are provided may change during the term of this Membership Agreement. 17.3 In the event of clauses 18.1 or 18.2 occurring you agree that the Direct Debit Request (DDR) and Contract will continue with the new third party and/or at the new location.
18. PAYMENTS BY DIRECT DEBIT18.1 If paying by Direct Debit the Member agrees to pay the instalment amount at the agreed payment frequency until the Direct Debit Request (DDR) and Contract is terminated in accordance with Clause 7 above. Should there be any arrears in payments the Member authorises Infinity Gym to debit the outstanding balance in order to bring the account up to date.18.2 Any failed Direct Debit attempts due to insufficient funds or wrong banking details will be changed at $10 per failed attempt and must be settled before membership can be resumed.
19. PRIVACY19.1 A Customer’s “personal information” (as that term is defined in the Privacy Act 1988 (Cth)) will only be used by Infinity Gym or Clubfit to provide you with the services contemplated by the Direct Debit Request (DDR) and Contract or in accordance with your selection relating to the Privacy disclaimer on the front page of the Direct Debit Request (DDR) and Contract.19.2 Unless you indicate to the contrary, you agree that we may use your personal information for internal marketing purposes. We may use your personal information to develop marketing lists and other programs for internal use only so that we may offer you goods and services by mail, telephone, facsimile, email or SMS. If you do not want to be contacted in this manner please notify Infinity Gym or reply “STOP” to any email or SMS.
20. CREDIT/DEBIT REPORTING AGENCIES20.1 If paying by Direct Debit, upon default by the Member in regard to any obligation under the Direct Debit Request (DDR) and Contract and failure to remedy the default after notification by Infinity Gym, the Member authorises Infinity Gym to notify any debt collection/credit reporting agency of the default. Should this occur then at Infinity Gym’s sole discretion it may terminate the Membership Agreement at which time the full outstanding balance for the remainder of the minimum term or payments (including any current arrears) shall be due in full. 20.2 The Member shall pay for all costs incurred by Infinity Gym (including costs for which the Infinity Gym may be contingently liable) in any attempt to collect any monies owed by the Member to Infinity Gym under this Agreement including debt collection agent costs, repossession costs, location search costs, process server costs and solicitor costs on a solicitor/client basis
21. INCREASE IN FEES21.1 If paying by Direct Debit, Infinity Gym may at any time AFTER the end of the minimum term, upon sending written notice to the Member’s last known address, email address or SMS and giving 14 days notice, increase the instalment amount. If the Member wishes to terminate the Direct Debit Request (DDR) and Contract as a result of the increase in the instalment amount, the Member must notify Infinity Gym in writing within 14 days of the date of the written notice sent by Infinity Gym. The Membership Agreement will be terminated upon receipt of this notice. If the Member does not notify Infinity Gym of its intention to terminate the Direct Debit Request (DDR) and Contract within such specified time period, then the Direct Debit Request (DDR) and Contract will remain in force and the increase in the instalment amount will be deemed to be accepted by the Member.
22. ENTIRE AGREEMENT22.1 The Direct Debit Request (DDR) and Contract, constitute the entire agreement, understanding and arrangement (express and implied) between the Member and Infinity Gym relating to the subject matter of the Direct Debit Request (DDR) and Contract and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.22.2 Infinity Gym has the right to update their terms and conditions without receiving additional consent from the member