The following is a copy of our the Visions Membership Agreement which is required to be agreed to upon signing up and before training at Visions.
Section 1 - OUR Code of Conduct
Look after yourself and the gym community:
1. Enjoy yourself. This is ‘you’ time.
2. This is a positive, supportive and inclusive space. This is our second home, our outlet, our community. It is precious. We will not tolerate any form of harassment, intimidation or disrespect.
Look after our gym:
3. Always carry and use your own hand towel. No exceptions.
4. Once you’ve finished using equipment, always wipe it down with the disinfectant and paper towel provided.
5. Use the gym equipment safely and respectfully. Just because gym equipment is sturdy, doesn’t mean it can’t be broken or damaged. You will be liable for any wilful or negligent damage you cause to equipment.
Look after your health and safety:
6. Only use the gym if you know you are in an appropriate physical and medical condition.
7. Always train safely and with care for yourself and others. If you are unsure about how to operate equipment, just ask us!
8. If you are in the gym when it is quiet and unstaffed, wear a safety pendant.
Know how to get into the gym during unstaffed hours:
9. Always bring your membership card – it’s your ticket to the gym! You will not be able to enter the gym without it during unstaffed hours.
10. Never let another person, member or non-member, into the gym during unstaffed hours. Please appreciate that for the security of our community, there are no exceptions to this rule. If someone you know would like to access the gym, they must have their own active membership card or attend the gym during staffed hours and see a member of our team.
SECTION 2 - OUR Terms and conditions
1 About these terms and conditions
1.1 Phrases used in this agreement
Any reference to ‘us’ or ‘we’ refers to anyone employed by Visions.
Any reference to ‘community’ refers to our staff and any patron who is a member or non-member.
1.2 Agreeing to these terms
These are our Terms and Conditions (Terms) under which you agree to become a member of Visions Fitness Centre Pty Ltd (Visions). When you sign this form, you are entering into a legally binding agreement.
This agreement sets out your rights to use our exercise facilities and services, and the obligations you have to comply with as a member. Your responsibilities under this agreement, including payment of membership fees, do not depend on how often you use the facilities and services. You promise to tell us if at any time you believe that you may not be able to comply with your obligations under this agreement including the payment of fees, so we can discuss your options with you.
What is set out in this agreement overrides any statements made by you or us before you signed the agreement. Accordingly, you should now read through this entire form carefully to make sure that it fully reflects your expectations and ask us or seek advice if you are unsure whether any particular statements that you have relied on are part of this agreement.
1.3 Your membership and this agreement
If your membership is an Upfront membership, it will be paid upfront at the beginning of each membership period and scheduled to automatically renew at the end of each membership period. You can easily switch or cancel your membership by getting in touch with Visions before your auto-renew date.
If your membership is an ongoing direct debit membership, it is an ongoing agreement that will continue until either you or we terminate it in the way described in the agreement below. If an automatic direct debit arrangement is in place, membership fees will continue to be debited from your credit card or account until you or we cancel the membership in a way described below. If you terminate the agreement or stop the automatic direct debit arrangement in a manner not described in the agreement, then you may be liable for damages for breach of contract.
1.4 Understanding our Code of Conduct (Code) and Terms and Conditions (Terms)
Our Code (at the beginning of this document) and our Terms apply to everyone using the facilities and services in order to promote health and safety and the protection of property. Please make sure that you read these carefully and ask us if there is anything you are not sure about.
We may occasionally update our Code and Terms to further promote health and safety or to make other improvements. We will seek to tell you of any changes as set out below, though we expect you to keep familiar with the current versions by reading our website and signage on a regular basis.
1.5 Our standards of good behaviour
The health, safety and security of our entire community and protection of property is very important to us. We promote an inclusive, diverse, supportive and safe space. Accordingly, we will not tolerate any form of harassment, nuisance, intimidation, disrespect or any other form of unacceptable conduct, at the discretion of our staff. We will not accept any behaviour deemed by our staff to be risky, inappropriate or in any way threatening to the health, safety and security of our community. We will not accept any behaviour, deliberate or reckless, that we believe may risk damage to our equipment or property.
1.6 We can refuse you entry
We can refuse you entry to the facilities and services or cancel your membership immediately if you behave in a way that repudiates any of the standards of good behaviour as set out in 1.5.
1.7 Your responsibility for damage
You agree to pay for any damage to the facilities caused by you or your guests through a wilful act or negligence.
1.8 If you breach any obligation under this agreement
If you breach any obligation under the Code or Terms, the response we take will be at our reasonable choosing and we will try to exercise this right fairly by giving you a warning if we consider the failure is less serious. If we reasonably consider the failure to follow our Code and Terms is serious or persistent we may suspend or even cancel your membership with immediate effect and/or ask you to leave the premises immediately. You will not be entitled to any refund in this instance.
1.9 If we have to close for any reason
If, for any reason whatsoever, Visions ceases to carry on business or is unable to operate, you shall be entitled to suspend your membership for the duration of the cessation or failure to operate, but we shall incur no further liability to you on account of any such cessation or failure to operate whether temporary or permanent.
2 Ensuring your medical and physical condition is appropriate to use the gym safely
2.1 Your medical and physical condition
By attending Visions you agree that:
● to the best of your knowledge, you are medically sound (appropriate physical and medical condition) to undertake physical activity or exercise,
● you use the gym and the equipment within it at your own risk and responsibility,
● you understand that physical activity can be demanding and may pose a risk to your health.
2.2 Seek advice about your health
You agree that if you are unsure of any of the above points, you will not use the facilities until you have sought appropriate professional medical advice and are permitted by that medical professional to exercise.
2.3 Disclose to us your current health situation
You must disclose to us in writing any reason, medical or otherwise, that may impact your ability to exercise at Visions. You must also alert us if your medical situation changes after you first join.
2.4 Our responsibility to ensure your health before you train
If we believe there may be a risk to your health by undertaking exercise, we may require evidence in writing from a medical professional that you can train safely before allowing you to use the gym. We may request guidance from the medical professional about the types of exercise you are and are not advised to undertake.
2.5 A health and fitness assessment does not replace professional health advice
Visions may conduct a health and fitness assessment with you, sometimes known as a ‘program’. You acknowledge that the staff at Visions are not qualified to give you medical advice and do not guarantee you against injury or death.
2.6 Your responsibility not to attend the gym if unwell
You agree not to use the facilities if you knowingly have any illness, virus, disease or other condition which may put the health of yourself or other members at risk.
3 Ensuring your safety and security
3.1 Emergency duress buttons
There are four locations around the gym where duress buttons can be found:
At the entrance to the group training room
Below the big screen on the gym floor
In the women’s changerooms
In the men’s changerooms
Please familiarise yourself with these locations so that, in the case of an emergency, you can press the duress button. Pressing the duress button will immediately notify our staff and security company, who will then be able to contact the appropriate emergency services. The duress button located at the entrance to the group training room also serves as an intercom which provides direct communication with the security monitoring company.
3.2 Wearable duress pendants
Portable, wearable duress pendants are also available to be used during unstaffed hours. Pendants are located near reception and must be returned after use.
Pendants can be worn any time you feel it is appropriate. When there are fewer than 3 other people in the gym, we ask that you wear a pendant.
3.3 AED
There is an automated defibrillator (AED) located at the entrance to the group training room in the event an emergency occurs and someone in the gym collapses or is experiencing a medical episode.
In the event this occurs, please first press the duress button so emergency services can be called.
3.4 Emergency exits
There are two emergency exits in the premises in addition to the main entrance/exit.
● Outside the changerooms
● Down the back stairs to the boxing room
In the event these exits are opened during unstaffed hours, sensors will automatically notify our staff and our security company, who will then assess whether the situation requires attendance of emergency services.
The member acknowledges that these emergency exits can only be used during an emergency. In the event an emergency exit is used inappropriately, the member found to have caused this breach may be liable for the costs or damage associated with this inappropriate use and their membership may be forfeited.
3.5 Using the changerooms
Use of the changerooms is permitted at all times (staffed and unstaffed periods). However, these areas, including wet areas, are unsupervised and therefore used at your own risk. In the case of an emergency, there is a duress button located in the women’s and men’s changerooms.
3.6 Your property
Theft is very rare, but these things do happen. We take all reasonable steps to provide lockers and storage facilities at Visions for our members. There are also unlocked, open shelving spaces for you to temporarily store your property during your workout.
We recommend that, where possible, you do not bring valuable items to Visions, as we cannot take responsibility for lost or stolen items on our premises. In the event you do bring important belongings, we recommend that you use our lockers to store such items, but this is a theft deterrent, not a security guarantee. Our premises are monitored with CCTV for health, safety and security reasons.
We have a lost property on premises. If you have misplaced something, simply ask one of our staff to check for it in lost property.
4 Your Membership at Visions
4.1 It is your responsibility to attend during your membership
The member acknowledges that it is the sole responsibility of the member and not Visions Fitness Centre to facilitate attendance during the membership. The member shall not be entitled to any refund of fees for a membership period paid for but not used.
4.2 Cooling off period
After signing your membership you have a 3 day (72 hour) cooling off period whereby you can request a refund of your membership. In the event you have attended the gym in any capacity during this cooling off period you will be refunded your membership less the cost of a Casual Attendance fee for each occasion you used the facility to a maximum of three Casual Attendance sessions. Cooling off periods only apply to your first membership purchase at Visions. Any subsequent memberships, whether through an automatic renewal or otherwise, are not subject to a cooling-off period.
4.3 Memberships cannot be transferred
Each membership is an individual membership and is not transferable. Anyone willingly providing their membership card to another person will have their membership cancelled.
4.4 Accessing other services at Visions
If you have a gym membership, you are not permitted to attend group training classes unless you pay the current rate for that class or sign up to a membership that includes group training.
If you hold a group training membership only, you are not permitted to use the facility in any capacity outside of taking part in group training classes or using the changeroom facilities.
4.5 If you are 14 or 15 years of age
Members aged 14 and 15 are required to have their parent or guardian sign a consent form before training at Visions. During staffed hours, a member aged 14 and 15 may train unsupervised provided a parent or guardian gives them permission on the consent form. Members aged 14 and 15 cannot attend the gym during unstaffed hours unless accompanied by a parent or guardian who is also a Visions member.
4.6 If you are 16 or 17 years of age
Members aged 16 and 17 are required to have their parent or guardian sign a consent form before training at Visions. Members aged 16 and 17 may train during staffed and unstaffed hours provided a parent or guardian gives them permission on the consent form.
4.7 Other services offered at Visions
Third parties, such as personal trainers, may offer services to you within the Visions premises. Third party providers are neither employed by us nor are they our agents, even if they happen to be wearing clothes displaying our name and logo. You will know that they are third party providers because they will require payment of their fee directly from you when you engage them.
This is important because we are not liable for any injury, loss or other claims arising from breach of contract, negligence or otherwise that are suffered by you in connection with any third party provider services, other than to the extent caused by our negligence. In addition, you release us and do not hold us liable in relation to any such claims.
We have no responsibility in respect of the fees that you must pay directly to outside providers nor for any associated costs or refunds. However, please advise us if you have a problem with an outside provider and we will try to help if we can. Nothing in this clause limits our liability for the actions of our employees or agents.
4.8 Commercial activity within Visions
You agree that you will not use the facilities at Visions for any commercial or business activities, including personal training or selling any goods or services.
4.9 Price increases
Both upfront and direct debit memberships are subject to price changes. Upfront memberships are subject to change at any time. We may increase prices that affect your next auto-renewal membership amount. In the event we increase prices, we will write to you and let you know of the price increase. Direct debit membership prices may be subject to increase, but you will be provided a minimum four weeks’ notice of any change.
We do not commit to locking in the price of any membership indefinitely.
4.10 Understanding our membership structure and why we stick to our prices
You acknowledge that you have multiple membership options before joining Visions, each with benefits and restrictions that you accept upon choosing the best membership for you at the time of joining. For example, Upfront Memberships tend to be better value, however the trade-off is that you pay up front and commit to the full period of that memberships and there is no flexibility to suspend the membership if unforeseen circumstances change your ability to use that membership during that period. Conversely, a Direct Debit Membership is paid for fortnightly with no minimum term and can be suspended or cancelled at any time, however the weekly/fortnightly fee is usually more expensive. As a result, you make your decision based on which set of memberships pros and cons suit your circumstance. If we were to permit exceptions to any of these rules, it would undermine our overall membership structure and, most importantly, be unfair to the rest of the member community who made decisions based on the above pros and cons.
You acknowledge that Visions is not liable if your circumstances change and the membership you signed up to no longer suits your circumstances.
4.11 Changes to your membership agreement
We may need to make changes to this agreement including our Code or Terms during your membership. However, we will always try to do this in a way that is fair by giving you an opportunity to cancel your membership if you do not agree to the change as described in this clause below.
We will tell you in writing of the proposed change in advance and tell you the date that it will come into effect. This effective date will be at least four weeks from the date of our notification unless it is impractical for us to do so. Your membership will be amended with effect from the date specified. If, however, you are adversely affected by the change, you may cancel your membership by telling us in writing before that date. Please note you cannot cancel under this clause if we are required to make the change in order to comply with a law or any direction of a regulatory authority.
5 Upfront Memberships
5.1 Suspending your Upfront Membership
You acknowledge that suspension is not available on Upfront Memberships under any circumstances, including unforeseen medical or health situations. Point 4.10, above, outlines the reasons behind this in more detail. The Upfront Membership period will strictly run from the date of sign up or, in the case of renewals, from the expiry of any previous membership, for the period of joining until the end of the membership. By undertaking an Upfront Membership, the member acknowledges that they forfeit the right to suspend or extend their membership beyond this date in the event they are unable to use the gym.
5.2 Refunds
We do not offer refunds for period of an Upfront Membership that is not used.
5.3 Auto-renewing of your Upfront Membership
Upfront Memberships auto-renew at the end of the membership period. We have gone to great lengths to outline this in several instances:
in the first instance, on our website ‘membership’ page,
in each membership’s ‘key points’ screen when you click ‘buy now’,
in the hard copy welcome pack information we provide you when you pick up your membership card,
in this membership agreement, which you agree to twice - once when you register an account and once when you undertake a new membership,
we will also attempt to notify you before the auto-renew date, depending on the contact details you provide us. We will attempt to email you at least one week prior to your auto-renew date giving notice of the upcoming payment, as well as send you a text message in the days prior.
We make an effort to be clear, up front and proactive in making sure you understand how your membership works and when it will auto-renew. As a result we cannot facilitate refunds in the instance your membership auto-renews before you cancel or switch to another membership.
For example, if you join on January 1st for a 3 Month Fixed Term membership, your membership will auto-renew on April 1st. If we do not hear from you during a staffed period before April 1st, your membership will renew and we cannot offer a refund.
As part of any direct debit membership or auto-renewing Upfront Membership, you agree to Mindbody’s Service Agreement, at 6.13, below.
5.4 Keeping track of your membership auto-renew date
We will try to contact you reminding you that your membership will soon auto-renew. However, it is the responsibility of the member to keep track of and know your membership’s auto-renew date.
5.5 Switching your membership
Switching your membership is easy. You can find the details on our membership page, here.
IMPORTANT: If you would like to switch your membership, you must do so before your current auto-renew date. Once your existing membership auto-renews, we cannot refund the renewed membership period.
Please take note of our staffed hours. If you contact us to switch memberships during unstaffed hours, your request will not take effect until the next staffed period. Any payment processed in the interim cannot be refunded.
5.5 Cancelling your membership
We make sure the cancellation process is easy, by simply emailing us your request. You can use the contact form, here.
Please take note of our staffed hours. If you contact us to cancel during unstaffed hours, your request will not take effect until the next staffed period. Any payment processed in the interim cannot be refunded.
6 Direct Debit Memberships (including Group Training Memberships):
6.1 Joining fees
Direct debit memberships may or may not accompany a joining fee/sign-up fee. For details on particular memberships, please speak to a staff member or visit our website.
6.2 Your financial undertaking
By signing up to a direct debit membership you agree that you are financially capable of fulfilling the direct debit payments on time for the duration of your membership.
If your financial situation changes or you are unable to make your regular payments you agree to inform Visions as soon as possible.
6.3 You authorise us to deduct fees
By nominating a card or bank account, as per 6.4 below, you are authorising us to deduct from that card or bank account all fees and other charges for which you may be responsible for under this agreement and your membership.
6.4 Our third party direct debit payment provider
Visions uses a third party direct debit payment provider to process recurring membership fees. At the time of writing this agreement, our nominated third party is Mindbody. This is subject to change at any time and you will be provided four weeks notice of any changes we make.
In addition to your regular membership form, we will provide you with an agreement on behalf of Mindbody. You will be required to sign this agreement permitting Mindbody to process your membership fees on a recurring basis on behalf of Visions.
You can find information on Mindbody and their terms and conditions at mindbodyonline.com.
6.5 If your payment is declined for any reason
In the event your payment cannot be processed by Mindbody on the nominated date of your billing cycle, you acknowledge and authorise Mindbody to charge you a decline fee. At the time of writing this agreement the fee is $0 and is subject to change at any time. Any decline fee is charged directly by Mindbody. Visions does not receive these funds and they are treated in isolation from any membership fees you are required to pay under your membership terms and conditions. Visions does not offer refunds or fee reductions in response to any fees incurred by Mindbody.
You accept that we will continue to attempt to retrieve any outstanding payments by debiting your nominated card or bank account for the total amount due without notice to you.
6.6 Your access if your payment is declined
If your payment is declined your access to the gym during unstaffed hours may be revoked until the payment can be rectified in our system. You acknowledge that it is your responsibility to keep your membership payments up-to-date to avoid the risk of your access being temporarily revoked.
6.7 Our right to terminate your membership if payment is declined
If your payments are declined on multiple occasions, Visions reserves the rights to terminate your membership.
6.8 We will not cancel your membership if you do not attend
Direct debit memberships are recurring and open-ended and do not have a specified end date. It is your responsibility to monitor your membership and cancel it if you deem it necessary. A membership and its direct debit payments will continue until such time as the member completes the membership cancellation process as explained below.
6.9 Cancelling your direct debit membership
Cancellation of your direct debit membership is free and can be completed at any time by either:
● attending Visions in person and completing a cancellation form or
● by using the contact form on our membership page, here. You can also email your cancellation request directly to team@visionsfitnesscentre.com. A Visions team member will always respond by email confirming your cancellation.
We do not accept cancellations over the phone.
We do not accept cancellations in advance.
6.10 Keeping track of your fortnightly direct debit dates
We recommend you keep note of the day your membership fee is processed each fortnight in the event you wish to cancel or suspend your membership. Due to bank transfer delays, the day our system processes your direct debit payment may not be the same day you see the payment withdrawn from your card or bank account. This distinction is important, as cancellation and suspensions cannot be backdated in the event your last payment has already been processed from our end. Direct debit payments are usually completed in the early hours of each day. If your cancellation or suspension is completed after a payment cycle has already taken place, we cannot refund that payment. Once a payment has been completed, you are entitled to attend the gym until that cycle is complete.
You may, at any stage, request the fortnightly date of your direct debit.
6.11 When your cancellation will take effect
If your cancellation is completed during a staffed period the cancellation will be put into effect immediately. If you communicate your cancellation to us during unstaffed or closed periods, your cancellation will not take place until the next staffed period commences, which may be the following day. If this is the case, your cancellation date will be the first day in which a staff member can complete the cancellation during a staffed period. Any payment that is processed before this time cannot be refunded.
6.12 Suspending your direct debit membership
Request a suspension by emailing us using the contact form on our membership page, here.
Suspension can be undertaken on a direct debit membership for a small fee. Suspension fees associated with your specific membership are outlined on your membership sign-up form. You may also speak to a staff member.
We require you to specify a suspension start and end date so as to calculate the suspension fee and process this fee before the suspension can be implemented.
Once you confirm an end date to your suspension, payments are set to automatically recommence from this date. It is the responsibility of the member to monitor the date their membership and associated payment is set to automatically recommence.
Open-ended suspensions are not available.
6.13 Mindbody Service Agreement
As part of any direct debit membership or auto-renewing Fixed Term membership, you agree to Mindbody’s Service Agreement, below:
I/We hereby authorise Mindbody Payments Australia to make periodic debits on behalf of the Business (referred to as "the Business").
I/We acknowledge that Mindbody is acting as a Direct Debit Agent for the Business and that Mindbody does not provide any goods or services (other than the direct debit collection services) to me/us for the Business pursuant to the direct debit request and has no express or implied liability in relation to the goods and services provided or to be provided by the Business or the terms and conditions of any agreement that I/We have with the Business.
I/We acknowledge that the debit amount will be debited from my/our nominated card or bank account according to the terms and conditions of my/our agreement with the Business and the terms and conditions of the Direct Debit Request.
I/We acknowledge that the details of my/our nominated card or bank account should be verified (eg: against a recent card or bank statement) to ensure accuracy of the details provided and I/we will contact my/our financial institution if uncertain of the accuracy of these details.
I/We acknowledge that is my/our responsibility to ensure that there are sufficient available/cleared funds in the nominated account by the due date to enable the direct debit to be honoured on the due date for the debit. Direct debits normally occur overnight, however transactions can take up to 3 banking business days depending on the financial institution. Accordingly, I/we acknowledge and agree that sufficient funds will remain in the nominated account until the debit amount has been debited from the account. If there are insufficient funds available, I/we agree that Mindbody will not be responsible for any fees and charges that may be charged by either my/our or its financial institution.
I/We acknowledge that there may be a delay in processing the debit if:
1. a payment request is received by Mindbody after Mindbody’s usual cut off time, being 3:00pm Qld time, Monday to Friday;
2. a payment request is received by Mindbody on a day that is not a banking business day in Sydney, NSW and Melbourne, VIC; or
3. there is a public or bank holiday on the day when the debit transaction is due to be processed or on any of the following days until the debit is processed.
Any payment that falls due on any of the above will be processed on the next business day.
I/We authorise Mindbody to vary the amount of the payments from time to time upon receiving instructions from the Business of a variation provided for within my/our agreement with the Business or as may be agreed by me/us and the Business. I/We do not require Mindbody to notify me/us of the variation to the debit amount.
I/We acknowledge that Mindbody is to provide at least 14 days' notice if it proposes to vary any of the terms and conditions of the Direct Debit Request (including this DDR Service Agreement) including varying the Debit Arrangement.
I/We will contact the Business if I/we wish to alter or defer the Debit Arrangement.
I/We acknowledge that any request by me/us to stop or cancel the Debit Arrangement will be directed to the Business.
I/We acknowledge that any dispute regarding a debit will be directed to the Business and/or Mindbody. If no resolution is forthcoming, I/we will contact my/our financial institution.
I/We will be responsible for any fees and charges applied by my/our financial institution for each unsuccessful debit attempt together with any collection fees, including but not limited to any solicitor fees and/or collection agent fee as may be incurred by Mindbody.
I/We authorise Mindbody to attempt to re-process any unsuccessful payments as advised by the Business.
I/We acknowledge that certain fees and charges (including setup, variation, SMS or processing fees) may apply to the Direct Debit Request and may be payable to Mindbody and agree to pay those fees and charges to Mindbody.
"Mindbody" may appear as the merchant for a payment from my/our credit card (including a debit or charge card). I/We acknowledge and agree that Mindbody will not be liable for any disputed transactions resulting from the supply or non supply of goods and/or services and that all disputes will be directed to the Business (as Mindbody is acting as a Direct Debit Agent for the Business). The Transaction Fee for a debit to a Credit Card calculated as a percentage may be subject to a minimum amount.
I/We appoint Mindbody as my/our agent for the control, management and protection of my/our personal information (relating to the Business and this Direct Debit Request) which is disclosed to Mindbody. I/We irrevocably authorise Mindbody to take all necessary action (which Mindbody deems necessary) to protect and/or correct, if required, my/our personal information, including (but not limited to) correcting account numbers and providing such information to relevant third parties and otherwise disclosing or allowing access to my/our personal information to third parties in accordance with the Mindbody Privacy Policy.
Other than as provided in this Direct Debit Request or the Mindbody Privacy Policy, Mindbody will keep your personal information about your nominated account private and confidential unless this information is required to investigate a claim made relating to an alleged incorrect or wrongful debit, to be referred to a debt collection agency for the purposes of debt collection or as otherwise required or permitted by law. The Mindbody Privacy Policy can be found at https://co.mindbodyonline.com/legal/privacy-policy.
I/We hereby irrevocably authorise, direct and instruct any third party who holds/stores my/our personal information (relating to the Business and this Direct Debit Request) to release and provide such information to Mindbody.
I/We authorise:
1. Mindbody to verify with my/our financial institution and/or correct, if necessary, details of my/our account; and
2. My/our financial institution to release information allowing Mindbody to verify my/our account details.
7 Privacy policy – your personal and sensitive information
7.1 We respect the privacy of the information you provide us
We take your privacy seriously. Visions Fitness Centre complies with the Privacy Act 1988 (Cth) in protecting your personal information.
7.2 Personal Information we will need
Personal information we may be required to collect from you includes the following:
Your full name, date of birth, contact information, details of an emergency contact, financial/bank account details and any relevant information regarding your medical and physical condition.
7.3 How we will use your information
Your personal information will be used:
● To fulfil the services and obligations between you and Visions Fitness Centre under your membership agreement,
● To collect attendance data for analysis and security purposes,
● For occasional in-house marketing and market research and to provide information about our products, services and special offers. At any stage, you may opt out from receiving marketing material from us. Your information will not be passed on to third party marketing entities,
● In the case of a direct debit membership, we will be required to pass on your financial information to our third party payment provider as per point 6.4 above.
Whilst you may request to withhold certain information, doing so may result in Visions Fitness Centre being unable to provide you with the product or service you request.
At any stage, should you wish for us to treat your personal information differently to the terms under this agreement, please speak to a member of staff.
7.4 If your information changes
You agree to let us know immediately if there is any change to your personal, financial or medical details.
7.5 How we obtain your information
Visions Fitness Centre will not collect your information without your consent. Information can be provided to us in person, via our website contact/application forms or by email or phone. Your information may be requested as a prospective member, a temporary member (such as a daily casual visit), or as part of a membership product or service we provide.
7.6 Your financial information for membership purposes
In instances whereby your membership requires you to provide bank account details (most often in the case of a direct debit membership) we will be required to provide these details to our third party direct debit partner. At the time of writing this agreement, Mindbody is our direct debit provider, however this is subject to change. In the event we change providers we will notify you with at least four weeks notice. Our third party direct debit provider follows strict Australian and international standards of financial security and privacy. You may be asked to sign a separate agreement with this third party upon applying for a direct debit membership with Visions Fitness Centre.
Once we have collected and entered your financial information into our system, your hard copy form is filed into a secure safe on the premises. In the event you cancel your membership, your membership form and associated financial information is removed from the safe and destroyed.
7.7 Other information we may request
In some cases, other sensitive information about your health may be requested so as to best provide professional advice on your health and fitness activities.
Aside from the instances outlined above, the only other circumstance whereby your personal and sensitive information may be provided to a third party is in the event we are required to by law or if it is deemed necessary to protect the rights or property of Visions Fitness Centre, a member of the public or if there is a serious threat to an individuals’ health or safety.
At any stage you may request the removal and disposal of your personal or financial information from the Visions Fitness Centre database.
7.8 Security cameras/CCTV monitoring
For the safety and security of our community, we utilise CCTV throughout our premises. If you have any queries in relation to the use of security cameras, please contact us.
8 Accessing the gym
8.1 Staffed and unstaffed hours
The below times are subject to change at any time. Up-to-date opening hours will always be on our website and displayed around the gym.
Staffed Hours:
Mon - Thu 6am-10am + 3pm-8pm
Fri 6am-10am + 3pm-5pm
Sat 7am-2pm
Sun Unstaffed
During these periods:
● The front door will be open.
● Scan your card at reception only. Do not scan at the front entrance door during staffed hours.
● Guests and non-members are welcome
Unstaffed Hours:
Mon-Thus 5am-6am + 10am-3pm + 8pm-Midnight
Fri 5am-6am + 10am-3pm + 5pm-Midnight
Sat 5am-7am + 2pm-Midnight
Sun All day
During these periods:
● The front door will be closed.
● Scan your card at the front door to enter. Do not scan at reception.
● Only members with their membership card can access the gym.
Closed:
Mon-Sun Midnight-5am
8.2 Your membership card to access the gym
As a member of Visions Fitness Centre, it is a requirement for you to have your membership card with you when attending the gym during both staffed and unstaffed periods. In the event you forget your membership card during staffed hours, you are required to sign in manually at reception upon entry.
You will not be able to access the gym during unstaffed hours without your membership card.
8.3 Only you can use your card to access the gym
Members acknowledge and agree that at no point can you provide your membership card to another individual to access the gym. Your membership card is your own and cannot be used by another individual, whether or not that individual is a member or a non-member.
8.4 If you are attending the gym with another member
During unstaffed hours, if you are attending the gym with another current gym member, you must both scan at the entrance before entering. You do not need to wait for the door to close behind the first person, so long as you scan your own card before entering.
8.5 If you attend with another member who does not have their card
You acknowledge that you cannot allow entry to another person during unstaffed hours, even if that person is a current member at Visions.
You also agree not to ask another member to let you into the premises during unstaffed hours.
8.6 Bringing a guest to Visions
Guests (non-members) are only permitted to attend Visions during staffed periods when there is a member of staff on site to sign-in and process a non-members attendance and associated payments.
8.7 Children at Visions
For safety and security reasons, children are not permitted to wait in our facility under any circumstances.
8.8 If your card is misplaced or stolen
When you first sign up at Visions Fitness Centre, we will provide you with a membership card at no extra cost. After this, a replacement card fee of $25 applies if your card is lost or stolen. If your card is lost or stolen, please notify Visions Fitness Centre immediately so we can cancel the access capabilities of the lost or stolen card. You can attend the gym during a staffed period to obtain a new card.
8.9 The integrity of your card and its use affects the security of our community
Your membership card is more than just evidence of your membership – it also provides access to our facility. As a result, the possession of that card affects the security of our facility and the staff and members within it. Whether intentionally or accidentally, if your card falls into the hands of an unknown entity, it affects our community’s security. We are obliged to take matters relating to access to the facility with the utmost seriousness and ask that our members do as well. Anyone found to have intentionally or recklessly breached these terms will have their membership cancelled immediately and any remaining time on their membership forfeited.
9 Our liability to you
9.1 Statutory guarantees under Australian Consumer Law
The Australian Consumer Law (ACL) contained in the Competition and Consumer Act 2010 (Cth) (CCA) provides certain guarantees in sections 60 to 62 (statutory guarantees) which generally require that services supplied to you:
● are rendered with due care and skill,
● 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 and
● are supplied within a reasonable time (when no time is set).
Permitted exclusion: However, the CCA permits a supplier of recreational services to ask you to accept some limitations on those statutory guarantees. Accordingly, to the extent permitted by section 139A of the CCA, you acknowledge and agree that we exclude all liability to you for death or injury resulting from a failure by us to comply with any statutory guarantee.
In the previous sentence, “injury” means:
● physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
● the contraction, aggravation or acceleration of a disease; or
● the coming into existence, the aggravation, acceleration or recurrence of any condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to you that is or may be harmful or disadvantageous to you or the community, or that may result in harm or disadvantage to you or the community.
Reckless conduct: This exclusion of liability does not apply if you have suffered any significant personal injury that is caused by our reckless conduct (within the meaning given to those terms by the CCA).
9.2 General exclusions
Please note that nothing in this agreement excludes, restricts or modifies any term, condition, warranty, guarantee, right or remedy (including under a statutory guarantee) which cannot lawfully be excluded, restricted or modified.
Otherwise, and except as expressly included in this agreement, all implied terms, conditions, warranties, rights or other additional obligations that can be lawfully excluded are excluded from this agreement. In particular, but subject to the preceding paragraph, we are not liable for:
● negligence; or
● breach of terms implied that services will be provided with reasonable care and skill,
at common law that in either case results in your death or injury (as defined in paragraph (a) above) in connection with or under this agreement, but to avoid doubt we do not exclude liability for our reckless conduct.
9.3 Loss of property
You promise that you will not unnecessarily bring valuables into the facility and that if lockers are available you will use the lockers to store any valuable property that you bring with you. If we provide secure storage lockers, then this is part of our service to you. However, we are not responsible if someone breaks into your locker and takes your property, other than to the extent we have not complied with our obligations in respect of this service under a statutory guarantee.
Other than as described above, maintaining the security of unattended property in the facility is not part of the service we provide under this agreement. Accordingly, if you choose not to use a locker to securely store your property and leave it unattended in the facilities, we will not be responsible for any loss or damage to your property that occurs.
9.4 ACL Exclusion Notice
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
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 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 (ACL), 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 ACL 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 ACL.
10 Signing the agreement
You agree that you have read, understood and agree to be bound by
· the provisions of your chosen membership
· the code of conduct
· the terms and conditions
· the Mindbody Service Agreement
· the ACL exclusion notice
You agree that you have completed a safety induction with a staff member.