BRAVO FIT

Membership – Terms & Conditions

Membership Agreement
1. References to ‘we’, ‘us’ and ‘our’ in these terms and conditions refer to Bravo Fit Holdings Pty Ltd ACN 630 015 897 and its Related Bodies Corporate.
2. References to ‘you’ and ‘your’ in these terms and conditions refer to the member specified in the Membership Application.
3. These terms and conditions form part of your Membership Agreement with us.
4. Your Membership Agreement consists of:
  1. your Membership Application;
  2. these terms and conditions; and
  3. our Club Rules.
Type of Membership
1. We have four Membership Types:
  1. Black Card;
  2. Classic Weekly;
  3. Classic 12 Month; and
  4. Paid in Full.
2. Your Membership Type entitles you to access certain Clubs, use the facilities and access the benefits specific to your Membership Type.
3. Your Membership is personal to you and you must not transfer it or allow any other person to use Your Membership.
4. We may introduce new Membership Types in the future.
Health and Safety
1. You represent to us each time you access our facilities and services you are in good physical condition and have no medical or other reason why you should not exercise.
2. If you are unsure whether you can safely use our facilities and services you should seek medical advice from a doctor or other healthcare professional.
3. You acknowledge and agree that:
  1. exercise and using our facilities and services may involve the risk of injury and your use of our facilities and services is at your own risk; and
  2. we do not give, and have not given, you medical or health advice regarding your use of our facilities and services.
4. You agree to always monitor your physical condition and exercise to a level that is appropriate for you and in accordance with any medical or health advice you have been given. If you experience any unusual symptoms whilst using our facilities or services you must immediately stop what you are doing and notify a staff member or seek medical assistance.
Club Access
1. All members (other than those on a free trial or those aged under 16 years of age) have unlimited access to their home club (Classic memberships) or any club within Australia (PF Black Card Membership).
2. Teen Fit Pass Members, those on a free trial, or those aged under 16 may only have access to their Home Club during staffed hours.
3. Black Card Members may bring one guest each time they check in during staffed hours. Guests must sign in must be at least 18 Years or accompanied by their parent/guardian provided they are older than 13 years. Adult guests must provide photo identification when signing in. Black Card Members must always accompany their Guests. Guests are not permitted to access benefits or amenities which are exclusive to Black Card Members.
4. Black Card Members may access any ‘Planet Fitness’ Club worldwide limited to 10 visits per month for any Planet Fitness Club located outside of Australia. Local Club rules and additional fees may apply. Please let your Club Manager know when you are travelling.
5. Members may transfer their Home Club provided that:
  1. payment of membership fees are up to date; and
  2. their Membership has been current for at least 90 days immediately prior to the change request.
Facilities and Services
1. We may from time to time:
  1. remove, discontinue, repair or replace the equipment in our Clubs;
  2. change the type or quantity of equipment, programs and services we offer to you and other members; and/or
  3. alter our hours of operation.
2. You acknowledge that the facilities and services currently available to you are subject to change and are offered on a ‘first come first served’ basis.
3. We may need close or limit access to our Clubs (or any part of them) on temporary basis including for the purposes cleaning, upgrades, repairs, maintenance, and holidays.
4. If any change to the facilities and services offered by us significantly reduces the benefits available to you under your Membership Type then you may terminate your membership by notifying us by email or in writing.
Group Fitness
1. We may offer pre-scheduled group fitness sessions from time to time.
2. The number of participants in group fitness sessions may be limited.
3. Group fitness sessions may be made available by appointment or on a ‘first come first served’ basis.
4. You acknowledge and agree that group fitness sessions provided by us are informational and instructional in nature and are not intended as personal training.
Club Rules and Dress Code
1. You agree to abide by our Club Rules.
2. You also agree to abide by our dress code when using our Clubs. Clothing which may be perceived, in the sole opinion of our staff, as intimidating, revealing, offensive or may present a safety hazard or damage equipment, is not allowed.
3. We may make changes to our Club Rules from time to time and we will communicate any changes we make to you.
4. Club Rules may vary by location and it is your responsibility to familiarise yourself with the Club Rules of the Club you are using.
5. If you commit serious or persistent breaches of our Club Rules we may terminate or suspend your Membership with immediate effect.
6. If any change to our Club Rules significantly reduces the benefits available to you under your Membership Type then you may terminate your membership by notifying us by email or in writing.
Membership Fees
1. You are responsible for paying the Membership Fees specified in your Membership Application, as varied in accordance with your Membership Agreement.
2. We reserve the right with all membership types to increase your Membership Fees on 28 days written notice to you. If we materially increase your Membership Fees then you may terminate your membership by written notice to us prior to the fee increase taking effect.
3. If we have offered you a Free Membership Period then that Free Membership Period will (where applicable) commence from the beginning of the next fortnightly billing period.
4. If you do not make payment of your Membership Fees when due then your Membership:
  1. may be suspended and your access to our Clubs revoked until all outstanding amounts have been paid in full; or
  2. may be terminated by us if any Membership Fees payable by you remain unpaid for an extended period.
5. You remain liable for all unpaid Membership Fees even if your Membership is terminated or suspended.
Payment Methods
1. You may pay your Membership Fees:
  1. in advance via the Member Portal; or
  2. or by direct debit via our Payment Provider; or
  3. any other payment method we may offer in the future.
2. If you do not pay your Membership Fees in advance via the Member Portal prior to the fortnightly payment specified in your Membership Application then your Membership Fees will be paid by direct debit via our Payment Provider.
3. You must ensure that your Primary Payment Account and (where applicable) Alternative Payment Account are always current.
4. You must inform us of any changes to Primary Payment Account and (where applicable) Alternative Payment Account prior to the next fortnightly billing period.
5. If you provide us with an Alternative Payment Account you authorise us and our Payment Provider to charge any amounts that you owe us, including Membership Fees and other fees and charges using the Alternative Payment Account where we are unable to use your Primary Payment Account for any reason.
6. If our Payment Provider is unable to process a payment in accordance with your Membership Agreement, including for reasons of insufficient funds, expired or cancelled cards, overdrawn and closed accounts, then we may charge you service fees as specified in the Membership Application or as notified to you from time to time. We may waive such service fees on request provided you have paid all outstanding Membership Fees.
7. Except where excluded by us in your Membership Application our Payment Provider may charge you surcharge or transaction fees in addition to your Membership Fees, as specified in your Membership Application.
Commencement
1. Your Membership commences on the date specified in your Membership Application or such later date agreed by both you and us.
Cooling Off Period
1. You may cancel your Membership within 48 hours of commencement for any reason.
Membership Period
1. Black Card, Classic Weekly Membership Types have no minimum Membership Period.
2. Classic 12 Month Membership Type has a minimum Membership Period of 12 months from the commencement of the Membership.
3. Paid in Full memberships have a fixed term as set out in the Membership Application.
Changing Your Membership Type
1. If you have a Black Card Membership you may change it to a Classic Weekly Membership through your app or member portal.
2. If you have a Classic Weekly Membership you may change to it a Black Card Membership Type through your app or member portal.
3. If you have a Classic 12 Month Membership:
  1. you may change it to a Black Card Membership in club, provided that the remaining minimum Membership Period will apply to your Black Card Membership and the Early Termination Fee will apply if you cancel your Membership prior to the expiry of the minimum Membership Period;
  2. it will automatically change to a Classic Weekly Membership Type at the end of your minimum Membership Period.
4. Changes to Membership Type will:
  1. take effect on the day a request to change your Membership Type is made; and
  2. result in your Membership Fees changing to the current Membership Fees applicable to your new Membership Type.
5. Changes to your Membership Fees will take effect from the day requested, including charging you any pro-rata increases in Membership Fees for part periods.
Freezing Your Membership
1. You may freeze your Membership for a period of up to 3 months for medical reasons, including illness and injury.
2. We require at least 7 days notice of any request to freeze your Membership.
3. During the period your Membership is frozen:
  1. we reserve the right to charge you a pro-rata portion of your weekly membership rate;
  2. you will still be charged your Annual Membership Fee if it falls due during this period; and
  3. you cannot access our facilities and services.
4. You can unfreeze your Membership at any time.
5. Your Membership will be automatically unfrozen on the earlier of:
  1. The end of the period you requested to freeze your Membership; and
  2. 3 months after commencement of the Membership freeze.
Cancelling Your Membership
1. Without limiting your other rights under this Membership Agreement, you may cancel your Membership at any time by email to your Home Club or in person at your Home Club.
2. Cancellations will take effect 7 days after notice of cancellation is received by us. If the next fortnightly billing cycle commences less than 7 days after we receive notice of cancellation then you will be charged the Membership Fees payable for the next fortnightly billing period.
3. If you have a Classic 12 Month Membership Type and you cancel your Membership during the minimum Membership Period then you must pay us the Early Termination Fee specified in your Membership Application.
4. Without limiting our other rights under this Membership Agreement, we may cancel your Membership:
  1. if you commit a serious or repeated breach of the Membership Agreement;
  2. if any part of your Membership Fees remain unpaid 28 days after falling due; or
  3. if you provided us with information you know to be false when applying for a Membership.
5. Cancellation of your Membership is without limitation to any other rights we may have against you including the right to be paid any Membership Fees and other fees and charges you owe us.
Changes to Membership Agreement
1. We may, acting reasonably, make changes to your Membership Agreement, including these terms and conditions on 28 days written notice to you.
2. If any change to your Membership Agreement significantly reduces the benefits available to you under your Membership Type or is otherwise adverse to your rights and obligations under your Membership Agreement immediately prior to such change then you may terminate your membership by notifying us by email or in writing.
Your Personal Property
1. To the maximum extent permitted by law, we are not liable for any damage to or loss of your or your guest’s property which occurs in or around our facilities except to the extent caused by our gross negligence or as a result of our breach of this Membership Agreement.
Damage to Equipment or Facilities
1. If you notice any damage to our facilities or equipment, including anything which poses a risk to health and safety, you must immediately notify a member of our staff.
2. You are responsible for the cost of repair or replacement of any damage that you or any of your guests cause to our equipment or facilities.
Recreational Activities – Limitation of Liability
1. In this clause:
  1. Gross Negligence has the meaning given to it by clause 20.4; and
  2. Recreational Activities means your participation in a sporting activity or similar leisure time pursuit or your participation in any other activity that involves a significant degree of physical exertion or physical risk and is undertaken for the purposes of recreation, enjoyment or leisure.
2. In the course of exercising or engaging in any Recreational Activities while using our facilities or services, you are killed or injured, we will not be liable except to the extent causes by our Gross Negligence .
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
1. In this warning references to “the supplier” mean us.
2. If you sign your Membership Application, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 are excluded, restricted or modified in the way set out in this form, if you are killed or injured because the services provided were not in accordance with the statutory guarantees outlined below.
3. 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-
  1. are rendered with due care and skill; and
  2. are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
  3. might reasonably be expected to achieve any result you have made known to the supplier.
4. Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the exclusion of these statutory guarantees is brought to your attention by 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.
Exclusion of Implied Obligations
1. Subject to clause 21.2, all conditions, warranties, guarantees, rights, remedies, liabilities or other terms implied or conferred by statute, custom, or the general law that impose any liability or obligation on us are expressly excluded under this Member Agreement.
2. Where we are not able to exclude a guarantee, term, condition, warranty, undertaking or representation by law in relation to this Member Agreement (a Non-Excludable Provision) then our liability for breach of a Non-Excludable Provision is limited to (at our Option):
  1. In the case of goods, the repair or replacement of the goods or the supply of substitute goods (or the cost of doing so); or
  2. In the case of services, the supplying of services again, or the payment of the cost of having the services supplied again.
Miscellaneous
1. We may assign or sub-contract all or any part of this Membership Agreement without your prior written consent.
2. A term or part of a term of this Membership Agreement that is illegal or unenforceable may be severed from this Membership Agreement and the remaining terms or parts of the terms of this Membership Agreement shall continue in force.
3. A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.
4. This Membership Agreement is governed by the law applicable in New South Wales, Australia, and each party submits to the non-exclusive jurisdiction of the courts of New South Wales.
5. This Membership Agreement constitutes the entire agreement between the parties as to its subject matter and supersedes all other representations and agreement about its subject matter.
Interpretation
1. In these terms and conditions unless the contrary intention appears:
2. In this Membership Agreement, unless the contrary intention appears:
  1. the singular includes the plural and vice versa, and a gender includes other genders;
  2. another grammatical form of a defined word or expression has a corresponding meaning;
  3. a reference to A$, $A, dollar or $ is to Australian currency;
  4. a reference to time is to Sydney, Australia time;
  5. a reference to a party includes the party’s executors, administrators, successors and permitted assigns and substitutes;
  6. a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
  7. a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
  8. the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;
  9. a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of the Membership Agreement or any part of it;
  10. if a day on or by which an obligation must be performed or an event must occur is not a Business Day, the obligation must be performed or the event must occur on or by the next Business Day; and
  11. headings are for ease of reference only and do not affect interpretation.

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BRAVO FIT

Membership – Terms & Conditions