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Terms & Conditions

Please read this document carefully as it contains important information you must understand before entering a membership agreement with Beachfit.

Terms and conditions are broken up into the following categories:

Section 1 – Membership categories.
Section 2 – Process involved for becoming a Beachfit member and the formation of the contract between Beachfit and yourself.
Section 3 – Rules and Regulations in which Beachfit members must abide.
Section 4 – Payment structures and fees.
Section 5 – Privacy and confidentiality acknowledgement.
Section 6 – Bootcamp Terms and Conditions

It is important that you read through all the terms and conditions and ensure that you understand and agree to them before entering a membership agreement with Beachfit.

Interpritation of Terms

Beachfit, we, our, us – Beachfit outdoor health club
Member, you, your, individual – The individual engaging in the membership agreement with Beachfit.
Membership agreement, contract – The agreement or contract in which you enter into with Beachfit in order to become a member of Beachfit.
Ezi debit – The direct debit system engaged by Beachfit to collect all member funds.
Cooling off period – A 48 hour time frame in which a member may terminate the agreement.
Joining fee – The once off fee charged by Beachfit to all participants utilizing Beachfit services.
Administration fee – An administration fee incurred once a contractual agreement is entered, terminated or broken.
Membership fee – The nominated weekly or upfront fee as stipulated in the membership agreement between Beachfit and you.
Minimum term – The minimum term specified in the membership agreement or contract.
Time pause – The period of time your membership can be put on hold for a minimal charge.

Section 1 - Membership Categories

Lifestyle – entitles you to attend all Beachfit programs except Bootcamp, for $19.95 a week a for a 52 week period / 12months. A six month minimum term applies. This membership allows you to stop your membership for a maximum of 4 weeks in a calendar year for holidays or sickness and gives you 54weeks membership for the price of 52 weeks.

Bootcamp - Bootcamp is the only Beachfit program that can be participated in on a month to month basis. The cost of a Beachfit Bootcamp course for non members is $239.00. If you engage in a Beachfit Bootcamp course you will be charged an additional fee of $60 for the Bootcamp course plus $66 if it is your initial Bootcamp course, in addition to your weekly membership fees.

Note: All memberships will be renewed automatically unless one months notice, before the end of each contractual period, is given by the member themselves.

Section 2 - Formulation of Membership Contract

2(a) Membership formation - The membership agreement becomes active from the day the contract is signed by you and Beachfit. The contract is governed by the laws of Queensland under the fair trading act.

2(b) Acceptance of the membership agreement by Beachfit – It is important that you understand the terms and conditions of the membership agreement in which you enter.

2(c) Beachfit has obligations under the membership agreement - Beachfit is required to offer Beachfit programs as outlined in the contractual agreement.

2(d) Membership entitlement – Once a contract has been formed in accordance with section 2(a), 2(b), and subject to your rights, as outlined in the cooling off period, please refer to section 2(e), you will be bound by the terms and conditions in which you have signed and agreed to. Memberships are non-transferable unless as indicated in section 2(g) and non refundable except where permitted in the membership agreement.

2(e) Cooling off Period – If you change your mind after entering into a membership agreement with Beachfit, you can cancel the agreement with in 48hours of entering the agreement, (the time from which the contract was signed and dated).

2(f) Minimum age – Membership is limited to persons who are at least 14 years of age and above. All members under 18 years of age must have their membership completed and signed permission to participate in Beachfit programs by a parent or guardian. If under the age of 18 Beachfit reserves the right to limit participation in certain programs by an individual if adult supervision is not possible.

2(g) Cancellation/Termination within a minimum term for medical or relocation reasons - You can only cancel your membership within the expiry of the minimum term if you become subject to permanent medical incapacity or sickness or if you relocate to an area not within 30 kilometers of the Hervey Bay region, (an area bearing the post code of 4655), or if Beachfit makes changes to the contract that adversely affects you.

2(h) Cancellation/Termination for any other reason within the minimum term - You can end an agreement for any reason by giving written notice of the termination and evidence of the agreement. However, there will be an administration fee determined by the number of weeks left on the contract plus any additional outstanding membership fees.

2(i) Cancellation/Termination for any reason outside the minimum term - You can end an agreement once the minimum term has elapsed for any reason by giving written notice of the termination and evidence of the agreement. A minimum of 4 weeks notice must be given, (counted form the next direct debit date). Once outside the minimum term all membership fees must be paid up to date.

2(j) Cancellations/Termination when Beachfit breach its obligations - You may cancel/terminate your agreement at any time by giving four weeks notice and proof of an obligation breach if you feel that Beachfit has breached its obligations to you as a member by changing its agreement with you without written notice or prior notification its obligations to you as outlined in this contract, please refer to the required process as outline in 2(i).

2(k) Refunds – You have a cooling off period which commences from the time the contract is formed, as outline in section 2(e). If you should cancel/terminate your membership within this period you will receive a full refund of payments received less an administration fee. After the cooling off period you are not eligible for any refund of money which you have paid to Beachfit for any reason accept those stipulated in the membership agreement. (2g), (2h), (2i), (2j).

2(l) Fee increase – Beachfit reserves the right to increase its fees at any time after a minimum term on a contract is reached. Beachfit will endeavour to give written notice to the most current address supplied at least one month prior to the increase occurring.

2(m) Time pause - Membership time pause is for all members on a 12 month contract only. Time pause is available for up to 4 weeks per calendar year and must be taken in minimum blocks of two weeks. Additional period of time pause (those beyond a 3month period and not more than a 9month period) are available for travel or medical reasons upon production of supporting documentation to Beachfits satisfaction. All time pauses must be applied for in writing and must be received by Beachfit at least 14 days prior to the commencement of the time pause period.

2(n) Beachfits service availability – Beachfit programs will operate daily from Monday to Friday as stipulated on the program timetable which are subject to change without notice. Beachfit will not operate any programs on Queensland public holidays nor will sessions be held for a two week period over Christmas holidays. You will be given a session timetable on becoming a Beachfit member and can visit the web site www.beachfit.com.au or phone 0402802000 if you require additional copies.

2(o) Complaints and Feedback – We will endeavour at all times to assist you with any complaints you may have. All serious complaints are to be directed immediately to the manager of Beachfit who can be reached on the following number 0402802000. Complaints or feedback minor in nature may be directed to the instructor from the area in which the complaint relates.

2(p) Disclosure of medical conditions which may limit your ability to participate in exercise - On entering any Beachfit agreement you are required to fill out a medical form. You can not participate in any Beachfit program with out first filling out a medical form. Beachfit reserves the right to refuse service to you if you do not meet the medical requirements for a Beachfit program. Where you fail to correctly fill out the medical form or directly mislead the operators of Beachfit in to believing that you are fully medically fit, where you are not, termination or suspension of the membership agreement is immediate and Beachfit can not be held responsible for the correct management of an undisclosed medical condition. Where you indicated a medical constraint you must seek written approval from your GP or specialist before you will gain entry into a Beachfit service. Medical forms can be obtained from the website, www.beachfit.com.au or from Beachfit on ph: 0402802000.

Section 3 - Rules and Regulations

3(a) Guidance - Beachfit reserves the right to refuse service or suspend or cancel membership to you if you fail to meet the medical requirements needed to be able to participate in certain Beachfit programs. You may be directed to seek medical advice or clearance where it is deemed by Beachfit that you are not medically fit to participate in a Beachfit session. Written notice for a request to seek medical advice will be given to you and action must be taken with supporting documentation on this matter presented to Beachfit before you will be given access to Beachfit services again.

3(b) Liability and indemnity - Beachfit requires you to observe safety precautions due to hazards associated with but not limited to uneven surfaces, the strenuous nature of some activities, actions of other individuals, Beachfit personnel, weather conditions or suitability of clothing, footwear or equipment, you must have sufficient judgment, competence and ability to participate in Beachfit sessions safely.

When entering into this contract you agree to waive all and any claims or actions against Beachfit and its personnel from liability for personal injury, property damage, property theft and all other loss or injury whatever and however occurring which you may suffer as a result of or in connection with, directly or indirectly, from your relationship with Beachfit.

3(c) Minimizing risk and ensuring safety - you must understand that your membership may be cancelled /terminated or suspended if through your actions or behavior, in the opinion of Beachfit personnel, you break any of the terms and conditions or bring Beachfit into disrepute. You further understand and that Beachfit personnel reserve the right to reject your membership application and subsequent participation without having any justification for their actions.

3(d) Lateness – If you are late to a Beachfit program, Beachfit personnel reserve the right to refuse you entry to that program if it is deemed that it would be disruptive or unsafe for other members.

Section 4 - Payment Structures and Fees

4(a) Membership fees -

Lifestyle – allows you to attend all Beachfit programs, except Bootcamp. A six month minimum term applies. The cost of the Lifestyle membership is $19.95 a week for 52 weeks or a 12 month period. This membership allows you to time pause your membership for a maximum of 4 weeks in a calendar year for holidays or sickness and gives you a 54 week membership for the price of 52 weeks.

Note: All memberships must be renewed with at least one months notice before the end of each contractual period.

4(b) Administration fee – An administration fee is charged upon initial entry into the membership agreement. A fee is charged per week during time pause periods up to 4 weeks. Time pause periods from 3-9months will incur a weekly administration fee. An administration fee is also charge when any contract is cancelled / terminated for any reason outside the minimum term period.

4(d) Joining fee – This is a once off fee charged to all members utilizing Beachfit programs.

Section 5 - Privacy and Confidentiality

5(e) Privacy and confidentiality - Beachfit will not disclose any personal information provided by you pa to another source with out first obtaining written permission from you as long as with holding such information does not endanger another person or is illegal in nature.

Section 6 - Bootcamp Terms & Conditions

Please read carefully before signing the medical and registration form. This form hereby releases and waives any and all claims or action for damage or injury of whatever kind against Beachfit and the organizers of Bootcamp.

Liability and Indemnity

6(a) Beachfit requires Bootcamp participants to observe safety precautions due to hazards associated with but not limited to uneven surfaces, the strenuous nature of some activities, actions of other individuals, Beachfit personnel, weather conditions or suitability of individual clothing, footwear or equipment, you must have sufficient judgment, competence and ability to participate in Bootcamp safely.

6(b) When participating in Beachfit Bootcamp you waive all and any claims or actions against Beachfit and its personnel from liability for personal injury, property damage, property theft and all other loss or injury whatever and however occurring which you may suffer as a result of or in connection with, directly or indirectly, your participation in Beachfit Bootcamp.

Minimising Risk and Ensuring Safety

6(c) You understand that your registration may be voided if through your actions or behaviour, in the opinion of Beachfit personnel, you break any of the terms and conditions or bring Bootcamp into disrepute. You further understand that Beachfit personnel reserve the right to reject your registration and subsequent participation without having any justification for their actions.

Attendance and Punctuality

6(d) If you are unable to attend a Bootcamp session you understand this session is to be fore fitted due to the nature of course requirements.

6(e) If you do not show up on time to a session and have not informed the instructor you may be unable to participate depending on session circumstances and will receive no refund and no make up session.

Payment for Bootcamp Course

6(f) All payments for any Bootcamp course from both members and non members must be paid up front before 48hours of the course commencement date.

6(g) Your registration will not be confirmed until the full payment has been received and eligibility for the program is confirmed.

6(h) All registrations must be confirmed and payment for a Bootcamp program finalised within 48 hours of the program commencement date otherwise entry into the program will be refused.

Changes to Bootcamp by Beachfit

6(i) Beachfit will do its very best to ensure that Bootcamp will run as scheduled each month and that a suitable instructor will be available to start each session on time, every time. Where this is not possible you will be given 24 hours notice and sessions will be rescheduled.

6(j) Where the commencement date of a course has changed and full payment from you has been received a full refund will be given if the change in the course date is not suitable for you.

Cancellations by a Bootcamp Participant

6(k) A full refund less an administration fee will be given to you if you cancel your registration in a Bootcamp program more than 48 hours from the program commencement date.

6(l) If you cancel your registration within 48 hours of the program commencement date you will receive a refund of 50% of the course fee.

6(c) If for any reason you cease your involvement in a Bootcamp once it has started no credit or refund will be given.