Brain x Body Membership Terms & Conditions
Welcome to the Brain x Body fitness studio (BBFS). By becoming a member of the Brain x Body fitness studio you are formally agreeing to follow all guidelines listed below. BBFS reserves the right to refuse entry and/or terminate membership If the following guidelines are not adhered to.
You also warrant that you have obtained medical advice and approval to participate in physical exercises and understand you are not obligated to perform nor participate in any activity that you do not wish to do. It is your right to refuse such participation at any time during your training session. You understand that there are inherent risks in all aspects of physical training and you acknowledge that you have been informed of the possible nature of the training.
This agreement also outlines the terms and conditions of using PaySmart (Debit User), the direct debiting system employed by Brain x Body Fitness Studio to take membership payments via direct debit from your chosen bank account or credit card.
TERMS OF MEMBERSHIP
Enclosed footwear must be worn at all times while in the studio.
Lockers are available outside of the change rooms and are free of charge to members. BBFS takes no responsibility for the safekeeping of your personal belongings while you are using the facility. It is advised that you keep all valuables on you whilst in the studio. Please do not leave personal belongings such as bags lying on the studio floor as this poses a hazard to other members.
Loss of a locker keys will incur a $20 replacement fee, while damage to lockers will incur a fee identical to that of the repair.
BBFS does not take responsibility for the loss or potential damage to your personal items while using the studio. BBFS will keep lost items for up to two weeks before disposing of them. Due to hygiene, water bottles found in the studio will be disposed of immediately.
HYGIENE & SAFETY
It is key that the Brain x Body fitness studio is a safe and clean environment for all members. To maintain this, it is crucial that you wipe down all equipment after use with the anti-bacterial wipes made available at BBFS.
PERSONAL INFORMATION & PHOTOGRAPHY
De-identified data including date of birth, physical outcome measures and relevant health conditions may be used for research purposes. Medical history may also be discussed with relevant allied health professionals (physiotherapist, counsellor, occupational therapist, nurse practitioner) if a multidisciplinary approach will benefit a clients exercise prescription.
Medical history may be discussed with placement students completing their Masters of Exercise Physiology at Flinders University. All students agree and sign a confidentiality waiver prior to starting at the studio. Students will often be asked to prescribe exercises to members therefore it is necessary they are aware of clients medical conditions to ensure safety.
BBFS and Parkinson’s South Australia (PSA) may use my personal photographs, images and/or video footage taken within the facility for promotional material. This may include social media (Instagram/facebook), website material or promotional flyers.
In the event you choose not to allow the above, you agree to inform BBFS or PSA of this in writing.
MEMBERSHIP CANCELLATION & SUSPENSION
The BBFS membership imposes a strict four-month minimum membership prior to cancellation. Following this four-month period cancellation of your membership incurs no additional cost. BBFS staff must be notified 5 working days prior to your next scheduled membership debit if you wish to cancel your membership. The studio will not refund payments if appropriate notice is not provided. The studio will not refund upfront membership payments.
If you wish to return as a BBFS member a $50 re-joining fee will apply (including all transaction and/or administration fees by PaySmart). If you can no longer attend within this four-month period due to significant changes in health you may be exempt of this contract by providing a written letter to the BBFS manager outlining these changes.
The BBFS membership can be placed on hold for a maximum of four weeks per calendar year. If you wish to suspend your membership for longer than four weeks you will be required to pay a fee of $50 to return (including all transaction and/or administration fees by PaySmart).
For your safety and the safety of other BBFS members, please seek assistance from a BBFS staff members to be taught how to correctly and safety operate all equipment within the studio.
PAYSMART (DEBIT USER) TERMS AND CONDITIONS
PaySmart (Debit User) will debit your nominated bank account or credit card to cover the BBFS membership fee.
A once off $11 establishment fee will be required to access PaySmart (Debit User) services.
The following fee’s will be incurred by the member:
Weekly transaction fee - $1.30
Fortnightly transaction fee - $1.95
Monthly transaction fee - $2.95
Credit card merchant fee – 1.7%
Dishonour fee - $15.00
Should the original terms and conditions of the direct debit request form be varied, a minimum of fourteen days notice will be provided by the business to you. Queries arising as a result of any such variation must be notified to PaySmart two working days prior to the debit date the variation would apply.
Deferment or alteration (written or verbal) by the customer to the debiting schedule will be considered subject to the terms and conditions of the Brain x Body Fitness Studio for whom PaySmart (Debit User) acts on behalf of.
If a debit item is disputed PaySmart (Debit User) or your Financial Institution must be notified immediately. PaySmart will endeavour to resolve this matter within the industry agreed time frames. Disputed debits resolved in favour of PaySmart will incur an administration fee.
Direct debiting through BECS in not available on all accounts. You are advised to check your account details against a recent statement from your financial institution. If uncertain, you should check with your financial institution before completing the direct debit request form.
When a debit day falls on a weekend and/or national public holiday all debits for that weekend or national public holiday will be processed on the PREVIOUS WORKING DAY. If unsure, you should contact PaySmart (Debit User).
PaySmart may, under certain provisions of the “Privacy Act 1988” give information about you to a credit reporting agency. This information will be limited to repayments which are overdue pursuant to the terms and conditions of the Brain X Body Fitness Studio. You “The Customer” may be liable for any costs associated with the recovery of your overdue account, this may include, but is not limited to the following; legal fees, interest and mercantile agency collection costs.
It is your responsibility to ensure cleared funds are available in your nominated bank account/credit card to meet the direct debit payment. If a debit is returned unpaid by your financial institution, you will be responsible for payment of the debit plus an additional $15.00 for return fees and administrative costs incurred by PaySmart (Debit User). If PaySmart (Debit User) has not received instruction to the contrary from you, we will debit both the next due payment and any overdue amounts on your next scheduled debit date.
The authority shall stand pursuant to the terms and condition of the Brain x Body Fitness Studio. The administration only of this authority is conducted by PaySmart (Debit User) acting as a billing agent for Brain x Body Fitness Studio. The services provided by PaySmart are administrative only and do not extend to the provision of any services or benefits provided by the Brain x Body Fitness Studio. This authority shall be interpreted and enforces pursuant to the laws of the state of Queensland.
To stop or cancel a direct debit it is recommended in the first instance that you contact the Brain x Body Fitness Studio. The terms and conditions of any agreement between you and the Brain x Body Fitness Studio for whom PaySmart (Debit User) acts on behalf of must be complied with. However, if a dispute occurs between you and the Brain X Body Fitness Studio all enquiries regarding a stop or cancellation of a direct debit should be directed to either PaySmart (Debit User) or your own financial institution.
Collected funds are held in trust until disbursement. In event of fraud where PaySmart is not at fault, PaySmart will be free of any legal liability.
No account records or account details will be disclosed to any person or persons except where such information is required in connection with any claim relating to an alleged incorrect or wrongful debit.
All enquiries in relation to refunds must be directed to the Brain x Body Fitness Studio.
Failure to remedy the outstanding payment following three consecutive attempts by PaySmart (Debit User), the customer authorises PaySmart (Debit User) and/or Brain x Body Fitness Studio to notify a debt collection agency. The customer acknowledges to cover all additional administration expenses.
BBFS services can be claimed within allocated ‘capacity building’ funding. BBFS will invoice the member for a six or twelve month membership. If an NDIS client is unable to pay upfront for a 6 or 12 month membership, they will be asked to sign a service agreement outlining the invoicing process.
Full payment must be received within 14 days of the invoice date. If payment is not received the member will be required to pay a standard membership fee for the period between the initial assessment and invoice payment.
It is the responsibility of the member to let BBFS staff know if the NDIS plan has been suspended, replaced by a new NDIS plan or the member is no longer involved with the NDIS. If an invoice is declined due to any of the above circumstances, the member will be required to pay for this service privately.
It is your responsibility to ensure your contact and payment details remain up to date to allow BBFS staff and PaySmart (Debit User) to contact you when required.
CHANGES TO TERMS AND CONDITIONS
The Brain X Body fitness studio reserves the right to amend and/or update the terms and conditions at any time. In the event that changes occur the Brain x Body fitness studio will provide members with a minimum of one month’s notice.
WAIVER AND RELEASE OF LIABILITY
In consideration of PSA allowing me to participate in the Brain x Body Fitness Studio (BBFS) I acknowledge and understand:
That I have voluntarily chosen to participate in training activities provided by BBFS;
That BBFS is not responsible for the safekeeping of my personal belongings while I am using the facility;
I understand that should I feel lightheaded, faint, dizzy, nauseated, or experience pain or discomfort, I am to stop the activity and inform the Exercise Physiologist. I give PSA, BBFS and the staff of the facilities I exercise in permission to seek emergency medical services for me should I become injured or ill with the understanding that I am responsible for any expenses incurred.
I agree to waive any and all claims that I have or may have in the future against PSA and BBFS, and its directors, officers, employees, agents, volunteers and independent contractors (all of whom are hereinafter collectively referred to as “the Releasees”). I agree to release the Releases from any and all liability for any loss, damage, injury or expense that I may suffer, or that my next of kin may suffer as a result of my participation in the programs, activities and services provided by BBFS, due to any cause whatsoever.
I agree to hold harmless and indemnify the Releases from any and all liability for any damage to the property of, or personal injury to, any third party, resulting from my participation in any program, activity or service provided by the releasees. This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect.
I HAVE READ AND UNDERSTOOD THIS AGREEMENT AND I AM AWARE THAT BY JOINING AS A MEMBER OF THE BRAIN X BODY FITNESS STUDIO I AM WAIVING CERTAIN LEGAL RIGHTS (INCLUDING THE RIGHT TO SUE) WHICH I OR MY NEXT OF KIN, EXECUTOR, ADMINISTERS AND ASSIGNS MAY HAVE AGAINST THE RELEASEES. ANY QUESTIONS I HAD WERE ANSWERED TO MY FULL SATISFACTION.