To ensure that we can provide a safe and comfortable environment for all members and staff, please assist us by complying with the following conditions. We advise you to only sign this membership agreement if you understand and agree to abide by these conditions. The information outlined in these terms and conditions can and will be used in the event of a discrepancy.

1.  INTRODUCTION AND DEFINITIONS

   1. Legally binding agreement

This Agreement is legally binding.

By signing the agreement you acknowledge and agree:

• You have been given a copy of this agreement and agree to abide by your obligations in it;

• You are medically sound to undertake a normal course of exercise, that you use {612:Member Club Name} facilities at your sole risk and responsibility, you are aware that exercise is physically demanding and participation in some activities may pose a risk to your health; and

• This agreement also relates to your authority to Stripe or other debiting agent nominated by {612:Member Club Name} from time to time to directly debit the nominated bank account or credit card for any instalments or fees due under the terms and conditions of this Agreement. These terms and conditions are set out in this agreement and can also be accessed on the website (www.avantihealthcentre.com.au).

1. Definitions

Agreement means the Membership Form, these Terms and Conditions, the Stripe Direct Debit Request during sign-up and the Conditions of Entry. 

"Avanti" refers to "<BUSINESSNAME>" trading as <BUSINESSNAME>, <BUSINESSADDRESS>

Business Day means a day that is not a Saturday, Sunday or public holiday. 

Commencement Date means the date specified as such on the Membership Form, the first date of your billing. 

Direct Debit Request means the section on the Membership Form completed by you

"Stripe" is a cloud-based subscription payment platform that enables the management of recurring direct debit payments across multiple sites.

Facilities means the facilities you are permitted to use according to the "Membership Type" shown on the Membership Form, as set out in the Avanti Membership Options section of the Membership form and clause 6. 

Instalment Amount means the debit amount described on the Membership Form.

Instalment Frequency means the regularity of which your account will be charged. This occurs fortnightly on the anniversary of your commencement date. If the debit date falls on a public holiday, the charges will be debited the business day prior.

Membership Fees means the fees set out in the Membership Form that are payable by you for the use of Avanti Facilities.

Membership Form means the Membership Form completed by you, to which these Terms and Conditions are attached.

RFID wristband refers to the radio frequency identification wristband band which is used by members to register attendance on arrival at Avanti Health Centres. RFID wristbands are swiped against RFID "readers."

"We", "Us" or "Our" means <BUSINESSNAME>, its employees, agents and contractors.

Website means www.avantihealthcentres.com.au.

"You" or "Your" means the person described in the "Member Details" section of the membership form. 

1. JOINING US

   1. Your age, health and physical condition 

It is a requirement for the membership that each member participates in an initial assessment and a program and orientation session. These appointments hold their terms and conditions and have been put in place to ensure that Avanti is in a position to provide the services best suited to each customer’s need.

1. No person under the age of 16 is allowed to attend Avanti Health Centre Facilities (as a visitor or as a paying member) unless accompanied by a guardian or that person has the consent of the Manager. 

2. You warrant to us that unless specifically disclosed in writing to Us, you are 16 years of age or older at the time of signing, and you are not under any other legal disability that would prevent you from being legally bound under this Agreement. 

3. Your health and safety are important to us. you must tell us if you are aware of any condition or risk that may affect your ability to safely use the Facilities or to take part in an exercise or fitness program, before commencing to use the Facilities or commencing the exercise or fitness program. If you do not tell Us of any such condition or risk, We will be entitled to assume that you are not affected by such a condition or risk. If your health status changes and impacts your ability to use the Facilities safely or to take part in an exercise or fitness program, you must inform Avanti staff before subsequent use of the Facility.

4. As an Avanti Member you are recommended to complete an Intake Questionnaire and Exercise Orientation session before commencement of an exercise program at Avanti.

5. The ADULT PRE-EXERCISE SCREENING TOOL will be administered to all new members to identify those individuals with a known disease, or signs or symptoms of disease, who may be at a higher risk of an adverse event during physical activity/exercise. Results of this screening tool may trigger the advice to seek guidance from your GP or appropriate allied health professional before undertaking physical activity/exercise

6.  If you have any medical concerns now or after the commencement of this Agreement, you must discuss those concerns with your doctor before using the Facilities. 

1. Commencement

This Agreement will commence as soon as the membership agreement has been completed. 

1. WORKING OUT WITH US

   1. Continuing Agreement This Agreement will continue until you provide notice of cancellation. During the Agreement, you will continue to have access to the Facilities. This Agreement under Direct Debit arrangement is an ongoing agreement that will continue on a fortnightly basis until terminated by you or us by this Agreement. Any promotional benefits granted at the time of sale will be automatically processed, and billing will automatically commence either immediately or at the end of the promotional period as per the terms of a specific promotion

   2. Membership Entitlements  Membership at Avanti entitles you (on completion of the Intake Questionnaire and Initial Exercise Orientation session) to:

<CREDITS>

Avanti reserves the right to make changes to: Exercise equipment supplied in any of its Facilities at any time.

Access to Facilities 

1. The Facilities that you may access in connection with your Membership (as shown on the Membership Form) are set out in the Avanti Health Centre Membership entitlements section of the Membership Form. you may access and use these Facilities in accordance with this Agreement for the term during attended business hours for the particular Avanti facility. The attended business hours are available on the Avanti website. 

2. You must swipe your RFID wristband on one of the RFID readers upon entry to Avanti at every visit to register your attendance for safety, security and insurance purposes.

3. If you lose your RFID wristband, a replacement can be purchased from Reception for $15 upon providing proof of identification.

4. Upon joining Avanti a photo may be taken of you for safety and security reasons, and the photograph will be used and stored by our Privacy Policy.

5. Entry to the Club may be refused as a result of unpaid or outstanding membership fees as detailed in this agreement

6. If you allow a non-member to use your access card to enter the facilities We may elect to terminate this Agreement by notice in writing to you.

7. We will use our reasonable endeavours to make the facilities available to you for use during the usual hours of business. However, you acknowledge that:

   • to keep the facilities and equipment in good and safe order and condition, We may temporarily restrict the availability of certain services and equipment from time to time for cleaning, repairs and maintenance. When this occurs We will, where possible, provide reasonable notice (except in an emergency, when no notice is required) of this. We will use Our reasonable endeavours to ensure that the closed part of the facilities or equipment is re-opened or made available for use as soon as possible;

   • due to decreased demand, We may close the facilities or operate on reduced business hours during Christmas and other public holiday periods

   • We may change the opening hours of any of the facilities from time to time as may be reasonable per the demand for those particular services. We will give you reasonable notice of any such changes by displaying notices at a prominent place at the facility and by publishing any changes on Our website.

8. Lockers, valuables and lost property - Lockers are available, however lockers are not security devices. 

9. Avanti employees or contractors are not responsible for any loss of, or damage to, personal property from the Facility or a locker, and Avanti recommends that you keep all valuables with you while using the club

10. Damage to, or the loss of locker keys, will incur a $25.00 charge.

11. Avanti is unable to look after your personal possessions (keys and wallets for example) whilst you are in the facility.

12. Bags are not permitted on the gym floor for safety reasons

13. Personal items are not permitted to be stored in lockers overnight, and lockers are cleared daily. Any items remaining in lockers or handed into Reception will be held for two weeks and then donated to charity.

1. Membership Obligations

   1. Membership at Avanti Health Centres requires you to:

• Advise Avanti of any changes to your contact details.

• Comply with all Conditions of Entry and the guidelines in this agreement.

• Pay all agreed fees, ensure sufficient funds are available to cover all fees and advise us in advance if your bank account or credit card is closed or changed

• Inform us in advance if there are any risks to your health if you participate in fitness services and if required seek approval from your Doctor or General Practitioner.

• Cancel direct debit facilities in respect of your membership when this agreement expires or is terminated.

1. Damage and Personal Injury - To the extent permitted by law, you agree that your use of the Facilities is at your own risk. you acknowledge that your use of the Facilities may involve physical exertion and physical risk and could result in death, physical or mental injury, the contraction of a disease or any other condition, circumstance or impairment that is harmful or disadvantageous to you. 

2. You acknowledge and agree that neither We nor our employees, agents or contractors will be responsible or liable for (and you forever release Us from, hold Us harmless and waive all rights in respect of) any loss, damage, expense, liability, action, claim or proceeding suffered or incurred by you or any other party in connection with your use of the Facilities as a result of:

• Death;

• 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 other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs that may be harmful or disadvantageous, or may result in harm or disadvantage

1. Nothing in this Agreement is intended to exclude or limit your rights under any law that cannot be excluded or limited and this Agreement is to be read and construed accordingly. 

1. Safety, Maintenance & Service Demands

   1. From time to time Avanti may be required to make changes to the operation of the premises, these may include:

• Changing the operating (staffed hours and dedicated supervised) hours to suit demand.

• Changing the availability of equipment or services within the facility.

• Closing off part of the premises or equipment for maintenance or safety reasons.

1. General Conditions of Entry

   1. To assist us in maintaining a safe and comfortable environment for all members and staff, you are required to abide by the following conditions. Failure to abide by these conditions may result in the suspension or termination of your membership.

   2. Entry will be refused, or you may be requested to leave the Facility if:

• you are using abusive or threatening language or behaving in a threatening way, or

• you are under the influence of drugs or alcohol, or

• you instruct other members when Avanti has not authorised you to do so; or

• you behave in another way that is considered by Avanti to be risky or seriously inappropriate.

1. you must use the Facilities by your membership entitlements or booking and, if applicable, strictly only between the times and the dates specified in your booking. 

2. You must not allow any person to use your membership or RFID wristband to gain access to the Facility. Failure to observe this condition may result in eviction from the Facility and your access rights being immediately cancelled.

3. Smoking of any kind is not permitted in Avanti facilities

4. You must not litter or cause damage to the Facilities. We reserve the right to charge for any damage to the Facilities. 

5. No alcohol, illegal or offensive substances or items, weapons, glass or sharp objects or oversized items of any kind are permitted in the Facilities.

6. TOWELS: you are required to use a towel when participating in classes and when exercising on gym equipment to maintain hygiene and safety standards. you may be requested to cease training if you do not use a towel. Where available, you can purchase a towel from reception. 

7. The use of cameras, audio or video recorders and other recording devices within the Facilities is strictly prohibited unless We specifically advise otherwise. 

8. You must not obstruct entry, exit or general movement of any person using any of the Facilities. 

9. Animals are not permitted at any of the Facilities with the exception of assistance animals unless We specifically advise otherwise. 

10. We reserve the right to close the Facilities at any time without notice for, but not limited to, an emergency, due to current or potential extreme and/or inclement weather, or for maintenance and construction works. 

11. you must promptly report to Us any health or safety concerns you become aware of while in the Facility.

12. Report any incidents, injuries or near misses to Us immediately.

13. DRESS CODE: Fully enclosed, clean sports or walking shoes must be worn during workouts for safety reasons. Members are required to always wear a shirt in the facility. Clothing must be clean and with no offensive prints or designs for the consideration of other members.

14. you must not use Our equipment or the Facilities for any other purpose than the relevant exercise activity. 

15. Only authorised Avanti staff are permitted to train Members in Avanti centres. Unauthorised personal training within an Avanti facility may result in the cancellation of your membership.

16. you must wear or carry your RFID wristband when using the Facility. 

17. you must immediately notify Avanti of the loss of your RFID band and pay the replacement cost.

18. Patrons assume all risk of any damage or loss (including property damage, personal injury, economic and consequential loss) however it arises at this Facility. Patrons bring their personal effects into the Facilities at their own risk. We will not be responsible for any damage or loss or theft of a patron's personal property.

19. ALLOWING US TO USE YOUR IMAGE: We sometimes film or photograph the facility for marketing purposes so it is possible you will appear in the background. We will always notify patrons prior to any images being produced. By signing your agreement, you allow us to use your image in promotional and other business-related material.

20. Observe and follow any other rules and signage in the Facility.

1. Taking a break

   1. Placing Membership on Hold

   2. A membership hold (suspension of payments) may be possible under the terms of your Membership Agreement. you can put your membership on hold for up to six (6) weeks in any 12-month period, by notifying us in writing of the dates you wish to place your membership on hold for. you must first contact Avanti reception at least 3 days prior to the date of the planned first on hold the due date and the minimum amount of time per suspension is 2 weeks.If your membership is on HOLD, your facility access and other membership entitlements are also restricted until you remove your membership HOLD. Membership holds are charged at $5.00 per week for all memberships

   3. Suspension by Avanti - Avanti reserves the right to place your membership on hold without consultation in the event that the facility becomes unavailable. Should such an event occur, Avanti will notify you via email at the time of suspension.

2. LEAVING US

   1. Cooling Off Period - Your membership is subject to a seven (7) business days cooling off period.   The cooling-off period applies to new memberships only and does not apply to renewals.  The cooling-off period starts from the date the Agreement is entered into and ends at the close of seven (7) consecutive days.  your membership can be cancelled during the cooling-off period by contacting your Avanti Health Centre. 

   2. Permanent Incapacity or Illness - You may terminate your Agreement before the expiry of the Minimum Term if you are sick or incapacitated and a HOLD is not a suitable option for your circumstances. you must show us a current Medical Certificate from a qualified medical practitioner stating that you cannot utilise any fitness services or facilities because of your permanent illness of physical incapacity.

   3. Cancellation for any other reason (within Minimum Term) - You may terminate your Agreement before the expiry of the Minimum Term (or payment amount) if all instalments and fees due up to the date of termination are paid and the relevant cancellation fee is paid in full at the time of cancellation request. The cancellation fees are <MEMBERSHIPCANCELLATIONCHARGE>

   4. Breach by Us - If you consider that We have breached this Agreement, you may give us written notice of the breach. you must allow Us a reasonable time in which to rectify the breach. If We do not rectify the breach complained of within the reasonable time specified in your notice, you may terminate this Agreement by written notice to Us. Following such termination, you will be entitled to a refund of any Membership Fees paid that relate to the period after termination. 

3. Transfer and Assignment 

   1. Transfer by you - Transfer of your rights and obligations under this Agreement by you to a third party is not permitted. 

   2. Transfer by Us - We may: a. assign or novate this Agreement to a third party without your consent if the Facilities the subject of this Agreement are sold to that third party.

4. Termination by Avanti Health Centres - Avanti reserves the right to terminate this membership agreement in any of the following circumstances:

   1. you fail to abide by any of the criteria listed in the General Conditions of Entry (section 3.8) or the obligations listed in this agreement; or

   2. If Avanti Health Centres reasonably believes that you have engaged in inappropriate conduct; or

   3. The temporary or permanent closure of the club where a suitable replacement club is not available for the membership to transfer; or

   4. To protect the health and safety of you or other members. We may terminate this Agreement following not less than 30 days' written notice to you; or at any time by written notice to you if you breach the terms of this Agreement. Before terminating this Agreement for your breach, We will give you a warning that you have breached this Agreement and We will give you a reasonable time in which to rectify the breach (except in the case of serious breach, which may result in immediate termination without warning). If you do not rectify the breach, or you continue to breach the terms of this Agreement after receiving the warning, We may suspend your membership or terminate this Agreement.For this clause, a serious breach will be deemed to have occurred if you commit an illegal act, assault or abuse (physically or verbally) another member or any staff at the Facilities, you breach the privacy of another member or any staff or you allow another person to access the Facilities using your Avanti RFID wristband. 

5. PRIVACY

   1. your "personal information" (as that term is defined in the Privacy Act 1988 (Cth)) will only be used by Avanti Health Centres and Stripe by the provision of their Privacy Statements. 

   2. Avanti's Privacy Statement can be obtained from its website www.avantihealthcentre.com.au.

6. MEMBERSHIP QUERIES All queries and comments about the services provided under this Agreement should be directed to Avanti via its contact details listed on the website.

7. FEES AND FEE SCHEDULE You acknowledge that Stripe has been engaged by Avanti to collect the fees due under this agreement if paying by way of direct debit, and also acknowledge that all rights of Avanti under this Agreement can be enforced by Stripe as if it were Avanti without any involvement on the part of Avanti or the consent of the Member.

   1. Fees Payable

i. It is a condition of this Agreement that you pay the Membership Fees by direct debit, by completing the Stripe Direct Debit Request Form

ii. By electing to pay your Avanti Membership by direct debit, you agree that We will deduct the Instalment Amount from your nominated bank account fortnightly commencing on the date specified on the Stripe Direct Debit Request Form until this Agreement is terminated following its terms. If the due date for payment falls on a day that is not a Business Day, the Instalment Amount will be drawn on the Business Day immediately before the scheduled debit day.

iii. It is your responsibility to ensure that you have sufficient funds available in your nominated account to pay each instalment amount when due. 

iv. It is your responsibility to ensure that the authorisation to draw money from your nominated account is identical to the account signing instructions held by your financial institution. 

v. The Membership Fee includes any amounts payable on account of GST. If there are any changes to the GST (for example the rate of GST changes), We reserve the right to change the Membership Fees such that the amount received by us after accounting for GST is not reduced as a result of the change in GST. We will give you 30 days prior written notice of any such change. 

vi. Merchant fees for direct debit via bank accounts will be charged to {612:Member Club Name}. Merchant fees for use of VISA or MasterCard will be charged to the member, at the current rate as charged by Stripe.

vii. If you require a replacement RFID wristband for any reason, you must pay a fee of $15 for the issue of a replacement. 

viii. If you request Us to provide additional services to you (for example, Reassessments and program Reviews), you will be required to pay the fees associated with those services to Us, in addition to your Membership Fees. 

ix. We may increase the Membership Fees by giving you 30 days written notice delivered to your last known address. you may terminate this Agreement if you do not agree to pay the increased instalment amount. If you wish to terminate this Agreement by this clause, you must give Us written notice of such termination within 14 days after the date of Our notice advising you of the increased instalment amount. This Agreement will terminate on the date that We receive your notice.

x. If you do not terminate this Agreement it will remain in force and the Instalment Amount will increase on the date that is 30 days after the date of Our notice

1. Overdue Fees & Revocation of Membership Entitlements - All entitlements and entry into any Avanti Health Centre are suspended if a member's account is in arrears

2. If your automatic direct debit reverses or is returned to us by your financial institution the following process will apply:

• Stripe will attempt to retry the debit after 7 days.

• If the direct debit fails, a late fee of $9.90 will apply.

• If you fail to pay us the fees by the due date, you will not be permitted to enter the Facility.

• If unpaid fees remain outstanding and after attempts by us to rectify the arrears, your membership. will be terminated.

1. Membership Fee Increase - you will be given 30 days’ notice via email of any changes in membership fees.

Changes to Terms and Conditions - You will be given 30 days notice via email of any changes to the terms and conditions of your membership.