Inspire Fitness - Membership Terms & Conditions

1. Your Agreement

Following the submission of payment details over the phone, a membership with Inspire Fitness is activated. In accessing the content sent to the member upon signing up for a membership with Inspire Fitness the member is personally bound by the Membership Terms & Conditions and is deemed to have read and understood the agreement between the member and Inspire Fitness.

2. Eligibility

Members under 18 years of age cannot enter into a membership agreement without the full consent and guarantee of a responsible parent or legal guardian. Written parental consent must be provided to Inspire Fitness if a member is under 18 years of age and in doing so, the consenting adult takes full responsibility for the contract, financial or otherwise.

3. Membership Terms

Flexible Membership
Flexible Memberships have a minimum term commitment of four payments to be made. Flexible memberships and the associated payments will continue after the minimum term is completed until the membership is cancelled by the member in accordance with the termination policy which is outlined in this document (section 6. Membership Termination). Flexible memberships can be cancelled at any time, given the notice period in which the final two membership payments are made, provided that the initial four week minimum term has been satisfied.

Fixed Term Membership

Fixed Term Memberships feature a minimum term commitment. Fitness Challenges are classified as Fixed Term Memberships. Once the minimum term of the membership has been completed, all Fixed Term Memberships automatically become Flexible Memberships. As such, the membership and the associated payments will continue until the membership is cancelled by the member, in accordance with the termination policy which is outlined in this document (section 7. Membership Termination). Termination of a Fixed Term Membership will incur a termination fee of $150 in addition to the requirement of two final payments to be made. Fixed Term Memberships can be placed on suspension, however the minimum term commitment is exclusive of the suspension period and as such, the minimum term commitment and associated payments must be made prior to termination.

Promotional Membership
The ’28 day challenge membership’ offer is valid for 28 consecutive days during the promotional period. 28 days begins from the outlined start date of the challenge. The offer is only valid to first time users of Inspire Fitness and cannot be used in conjunction with any other offer or redeemed for cash. The promotion can only be used during Inspire Fitness designated challenge dates. The “28 day challenge membership” may be deferred to the very next 28 day challenge date as run and outlined by Inspire Fitness. Notice of deferral must be provided to Inspire Fitness in writing a minimum of 2 business days prior to the 28 day challenge activation. Failing to give minimum notice period for deferral or inability to defer membership to the consecutive 28 day challenge results in the “28 day challenge membership being forfeited. The “28 day challenge membership” allows full access to all Inspire Fitness timetable sessions for a maximum of 3 sessions per week. Any session pass that is not used by the end of each week will be forfeited. Normal membership conditions outlined in Items 8 and 9 are excluded from promotional memberships.A “Fit Mums membership” can be applied to “28 day challenge membership” for an additional $20 for the duration of the 28 Day Challenge and is not accepted on a pro rata basis. The cooling off period does not apply to any promotional membership. All sales are final.

At the end of such promotion “Promotional Membership”, we will automatically start to charge you for the applicable paid flexible membership (gold packages 3 x sessions per week at $48.00 per week) on the first day following the end of the promotional membership, on a recurring weekly basis. By providing your payment details in conjunction with the promotional membership, you agree to this charge using such payment details. If you DO NOT want this charge, you MUST cancel the applicable paid flexible membership via completing http://inspirefitness.net.au/termination/ before the end of the end of the promotional period (5:00PM AWST on day 28). If you do not want to continue to be charged on a recurring weekly basis, you MUST cancel the applicable paid flexible membership via completing http://inspirefitness.net.au/termination/ before the end of the promotional period (5:00PM AWST on day 28). The terms and conditions are inclusive of minimum commitment terms and termination procedures (6.0) expressly provided in these terms apply to paid flexible memberships.

Flexible memberships and the associated payments will continue after the minimum term (4 weeks) is completed until the membership is cancelled by the member in accordance with the termination policy which is outlined in this document (section 6. Membership Termination). After the minimum commitment period, flexible memberships can be cancelled at any time, given the notice period in which the final two membership payments are made, provided that the initial four week minimum term has been satisfied.

4. Membership Access

‘Silver Membership’ allows the member access to two group personal training classes per week. ‘Gold Membership’ allows the member access to three group personal training classes per week. ‘Platinum Membership’ allows the member access to unlimited group personal training classes per week. ‘Fit Mums Membership’ allows the member to access the child supervision service for up to two children at available classes. A ‘Fit Mums Membership’ may be applied in addition to any Silver, Gold or Platinum membership. All levels of membership allow the member to access the services provided by Inspire Fitness at any and all of its locations.

5. Cooling Off Period

If upon signing up for a membership with Inspire Fitness, the member no longer wishes to be a party to the contract, the cooling off period can be utilised. The cooling off period applies from registration until the close of business (4:30pm WST) on the second day after joining. The member must notify Inspire Fitness of their desire to terminate within the cooling off period in writing (support@inspirefitness.net.au). After the close of business on this day, the standard termination policy and procedure applies. Any fees paid within the cooling off period are non-refundable, and are paid as administration costs.

6. Termination Policy

An Inspire Fitness membership can be terminated at any stage, provided that the minimum term commitment and associated payments have been satisfied. Members are required to notify Inspire Fitness of their request to terminate by completing the Membership Termination Request Form (http://termination.inspirewomenshealth.com.au) following which a representative of Inspire Fitness will contact the member by phone to confirm the membership termination and date of final payments. The minimum period of notice for termination of a membership requires two final payments to be made from the date that the Membership Termination Request Form is submitted. Prior to the termination of a membership, all outstanding membership payments must be settled. Membership terminations are not valid or accepted unless the Membership Termination Request Form is submitted. Termination of a Fixed Term Membership will incur an additional cancellation fee of $150. Exception: An Inspire Fitness membership can be terminated without the minimum commitment term being satisfied if a member is deemed by a doctor to be permanently sick or physically incapable. In these circumstances, Inspire Fitness requires the member to follow the standard termination procedure and to submit a medical certificate advising Inspire Fitness of the nature of the illness or physical incapacity and specifically how this prevents the member from utilising the membership service. Only the minimum commitment term and any associated termination costs can be waived and as such, Inspire Fitness will always require two final membership payments to be made under the standard termination policy.

7. Membership Variation Fitness Challenges

Current members on a Flexible Term Membership wishing to participate in a Fitness Challenge will be transferred from a Flexible Term Membership to a Fixed Term Membership at the commencement of the challenge. Members are then bound by the terms and conditions of the Fixed Term Membership. Upgrading Membership Access The member can upgrade their membership access at any stage by contacting Inspire Fitness in writing (support@inspirefitness.net.au). Upon receiving the request, membership access upgrades will be made effective as of the following payment week, provided there are no outstanding payments to be made. Downgrading Membership Access The member can downgrade their membership access at any stage by contacting Inspire Fitness in writing (support@inspirefitness.net.au) provided the minimum commitment term of four payments upon signing up has been completed. Upon receiving the request, membership access downgrades will be made effective as of the following payment week, provided there are no outstanding payments to be made.

8. Suspension Policy

The member can suspend their membership at any stage after the minimum term commitment of four payments has been satisfied. Membership suspensions can be made for a minimum period of seven days, up to a maximum period of eight weeks. All suspensions run for the week Monday- Sunday. Members are required to notify Inspire Fitness of their request to suspend by completing the Membership Suspension Request Form (http://suspension.inspirewomenshealth.com.au). Inspire Fitness requires a minimum notice period of seven days prior to the commencement of the suspension. Confirmation of the membership suspension will be emailed to the member within two business days, outlining the date the suspension commences and ceases. Multiple eight week suspensions cannot be taken consecutively, with a minimum of four payments required to be made between suspension periods. Membership suspensions cannot be backdated. In the event that a member wishes to terminate their membership whilst on suspension, the member is required to notify Inspire Fitness of their request to terminate by completing the Membership Termination Request Form (http://termination.inspirewomenshealth.com.au) following which the suspension will automatically be lifted and the standard termination policy will apply (please refer to section 7. Membership Termination).

9. Make-Up Classes Policy

Unused sessions can be claimed as make-up classes and are credited to the members account with an expiry period of one month. To claim make-up classes, members are required to notify Inspire Fitness of their request by completing the Make-Up Class Request Form (http://makeup.inspirewomenshealth.com.au) within seven days of the unclaimed session. Confirmation of the applied make-up classes will be emailed to the member within two business days, outlining the number of sessions that have been credited to the members account and the associated expiry date. Make-up classes are not refundable or transferable to another member. An active membership is required for make-up classes to be valid, and as such make-up classes cannot be used whilst on suspension. Any unused make-up classes will expire upon membership termination.

10. Inspire Fitness Session Terms Booking Sessions

Bookings are essential and will only be taken either via the online booking system. All bookings must be made a minimum of eight hours prior to the session and will not be taken after this time. All classes require a minimum of one member to be booked in for the class to proceed. In the event that a session does not meet the minimum requirement of members booked in, the session will be cancelled. Cancelling Sessions Cancellations will only be taken either via the online booking system or app. All cancellations must be made a minimum of eight hours prior to the session. Any and all cancellations made with notice less than eight hours will result in forfeiture of the session. Cancellations by members on a ‘Fit Mums Membership’ attending a session with child supervision must be made a minimum of three hours prior to the session. Any and all cancellations made with notice less than three hours will result in forfeiture of the session. Member Etiquette Members are required to bring a towel to all sessions and wipe down the equipment after use. Inspire Fitness requests that members dress appropriately and wear suitable training shoes at all times. Members are encouraged to arrive five minutes prior to the scheduled commencement time of the session. If the member anticipates running late, Inspire Fitness requests that the member contact the Personal Trainer as soon as possible. Late arrival will result in a shortened session, or if the member is more than 15 minutes late, they may be prevented from participating. All members must complete both the warm up and cool down phases of the session. All members must conduct themselves in a manner which will not cause harm, discomfort or disrespect to themselves or other members. Foul language and inappropriate behaviour will not be tolerated. Inspire Fitness requests that members respect the privacy of other members at the sessions and refrain from using their phone, camera or other recording device whilst at the sessions unless otherwise approved by Inspire Fitness. Inspire Fitness requests that members treat the equipment and facilitates with care, and to immediately report any breakage or damage of equipment to the Personal Trainer. Lost property will be kept for two weeks, after which if unclaimed will be donated to charity. Only active members are entitled to access sessions conducted by Inspire Fitness and as such, a penalty fee will apply to any members who allow access to non-Inspire Fitness members to attend sessions in their name. Inspire Fitness has the right to immediately terminate any membership if they feel that the member is in breach of the Member Etiquette policy outlined above.

11. Membership Payment

Membership payments are made on a weekly basis until a membership is terminated either via the bank account or credit card details provided upon signing up for a membership. All new members incur a one-off administration fee of $2.20 charged in addition to the member’s first membership payment. All membership upgrades and downgrades incur a one-off administration fee of $2.20 charged in addition to first payment of the member’s new membership. All weekly membership payments incur a merchant processing surcharge: Direct Debit via bank account $1.10 and Visa/MasterCard 2.2% (min. $1.10). Each attempted payment that is dishonoured (failed) by the member’s financial institution due to insufficient funds or otherwise, will incur a $9.90 fee charged by the merchant processing company EziDebit. In the case that the member does not honour the membership contract and withholds payment from Inspire Fitness, the member will be placed on an immediate suspension until payment has been made. Inspire Fitness or its successor may at its discretion and without notice, forward the members details and information regarding the outstanding debt to an external debt collection agency, or take legal action to recover the debt. Additional charges will apply for the collection of the debt by an external agency.

12. Membership Refunds

Should Inspire Fitness be required to refund any payments of membership, the member is to provide their bank account details in writing (support@inspirefitness.net.au) following which the monies will be refunded within 14 business days. Inspire Fitness is not required to refund any surcharges or fees charged by the merchant processing company EziDebit.

13. Risk and Liability

All new members are required to complete a New Member Registration Form (also referred to as a Pre-Screening Exercise Questionnaire) prior to participating in the first session with Inspire Fitness. Any member who wishes to participate in sessions conducted by Inspire Fitness is required to inform Inspire Fitness if they are pregnant or breastfeeding, have had major surgery in the previous three months, or have had any significant illnesses, injuries or medical conditions. Inspire Fitness has the right to request any member to have a medical clearance completed by a doctor or medical professional prior to participating in sessions conducted by Inspire Fitness. Members are required to inform the Personal Trainer if they have sustained an injury or if there has been a change to their health that may impact their ability to participate in the session. All members must acknowledge and understand that participating in sessions conducted by Inspire Fitness requires varying degrees of physical exertion and there is an associated risk of injury, disability or death. By entering into an agreement with Inspire Fitness, the member hereby waives and releases Inspire Fitness and any persons acting with their authority and permission from any and all liability for injury, disability, property damage or property theft and all other foreseeable risks or claim arising from participation in Inspire Fitness sessions. Nutritional information provided by Inspire Fitness is taken from sources provided by third parties. Before relying on any nutritional information provided by Inspire Fitness, the member should carefully evaluate the accuracy, completeness and relevance of the information for their own purposes, and consider the need to obtain appropriate expert advice relevant to the members own circumstances. The terms and conditions of a membership agreement between the member and Inspire Fitness do not exclude, restrict or modify any condition, warranty, right or remedy conferred to the member by the Trade Practices Act 1974 or any other applicable law that cannot be excluded, restricted or modified by the membership agreement.

14. Transfer of Membership

Members are entitled to transfer their membership to another individual, provided that they are not a member, active or otherwise, of Inspire Fitness. The member is only able to transfer their membership to another individual provided that there are no outstanding payments to be made. The membership will be transferred as is to the new member, minus any make-up sessions that may have been applied and are valid.

15. Amendment to Services

Inspire Fitness may from time to time alter the timetable, facilities, equipment used, or any of the products or services offered or provided at its sole discretion. Inspire Fitness will notify all members of any such changes with adequate notice provided. In the event that Inspire Fitness needs to temporarily stop conducting sessions for any reason, but not limited to, facility renovation, repairs or maintenance, for a period longer than 10 days, Inspire Fitness will place the membership on suspension. In the event that Inspire Fitness needs to permanently move locations for any reason, Inspire Fitness will provide notice of at least two weeks. If as a result of the change in training location, the member wishes to terminate membership, the standard termination policy will apply (section 7. Membership Termination). In the event that Inspire Fitness needs to permanently cease training sessions at a location for any reason, Inspire Fitness will provide notice of at least 48 hours and the membership will be transferred to the next closest available location. If as a result of the location shutdown, the member wishes to terminate membership, the standard termination policy will apply (section 7. Membership Termination). In this event the standard make up class policy applies (section 9.) Inspire Fitness reserves the right to amend the cost associated with membership at any stage and in doing so, will provide notice of at least one month. During the Christmas and New Year period in which Inspire Fitness is temporarily closed for a maximum period of 10 days, it is the responsibility of the member to arrange suspension or apply for make-up classes (section 8. Suspension Policy and section 9. Make-Up Classes Policy).

16. Breach of Contract

The member may terminate membership with no cost incurred if Inspire Fitness is in fundamental breach of the membership agreement. Such instances, but not limited to, would involve Inspire Fitness being unable to provide services paid for, for a period of longer than 14 days without appropriate communication and without fair compensation (suspension of payments). Inspire Fitness may terminate membership after one warning has been given, if the member is in fundamental breach of the membership agreement. Such instances, but not limited to, would involve the member failing to comply with the Member Etiquette policy (section 10. Inspire Fitness Session Terms), verbal or physical abuse of other members or staff of Inspire Fitness, demonstrating behaviour deemed to bring the Inspire Fitness brand into disrepute or being involved in illegal activity, including theft and prohibited drug use.

17. Member Concerns

All member concerns are to first be raised with the Senior Personal Trainer at the member’s location. Should the member wish to escalate the concern, please do so in writing and provide any supporting documentation relevant to the concerns (support@inspirefitness.net.au). Inspire Fitness requests that the member provide their full name, contact number, location of training and information on how the member wishes to see the matter resolved.

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