Welcome to The Fusion Wellness. By signing these terms & conditions, you acknowledge and accept the following contract terms.
1. CONTRACT INFORMATION
Contract information will be auto populated on purchase of a contract.
TERMS AND CONDITIONS
2. YOUR RESPONSIBILITIES
You understand and agree the following a) warrant that you are in good physical condition and you know of no medical or other reasons why you cannot or should not do active or passive exercise. b) you use the Fusion Wellness equipment and facilities at your own risk; c) that you are responsible to pay all the fees set out above and where applicable that (i) your account can accept direct debits (ii) there is enough money in your account on the payment day and (iii) you inform Fusion Wellness and your financial institution of any changes to your payment details at least 72 hours before the next direct debit is due (iv) you will notify your financial institution when you terminate this contract. d) you are responsible for using Fusion Wellness and its equipment correctly and will ask for assistance if required. e) you are responsible for any damage that you cause through a wilful act or negligence. f) agree that Fusion Wellness does not accept liability for death, personal injury and or for any loss (including any consequent loss) or damage to your belongings.
g) you agree to not hold Fusion Wellness liable for any death, personal injury and or any loss (including any consequential loss) or damage or loss to your belongings. h) you agree to read and follow all safety instructions displayed or notified to you by Fusion Wellness
3. MEMBERSHIP AND MEMBERSHIP FEES
DIRECT DEBIT MEMBERSHIPS
Members understand and agree that there is a direct debits payments that come out weekly for 3, 6 and 12 months contracts. There is a 48 hours cooling off period from signing up. Your membership will automatically renew unless you inform us otherwise with 2 weeks notice in writing.
INDUCTION: I (I, member) understand I am required to undertake an initial introduction to the facilities of the studio prior to using them. I also understand I am required to disclose any information that may affect my usage of the studio prior to commencing membership.
CONDITIONS OF ENTRY. If I fail to meet the dress code for the studio, engage in abusive, threatening, dangerous or inappropriate behaviour or am, or appear to be, under the influence of drugs or alcohol, I acknowledge I may be refused entry to or asked to leave the studio.
USE OF EQUIPMENT. At all times, I agree to use the equipment in a safe and appropriate manner and in accordance with any instructions or directions given to me by any studio personnel (including trainers) from time to time. After use, I will wipe down and/or return each item of equipment, as applicable, to the relevant location. For hygiene purposes, you are required to bring and wear your own pilates/yoga mat to all yoga room classes and wear socks to all reformer pilates classes.
RIGHT TO CANCEL DURING COOLING OFF PERIOD. The cooling off period starts where I enter into the agreement with Fusion Wellness after the studio opens, on the day I enter into the agreement with Fusion Wellness. The cooling off period ends 48 hours after the cooling off period starts. During the cooling off period, I may cancel this agreement by notice to Fusion Wellness.
CANCELLATION TERMS & CONDITIONS DIRECT DEBIT MEMBERSHIPS I acknowledge that I may opt out (cancel my membership) with a $250 cancellation fee and two weeks notice period (once outside contracted time) by advising in writing to the studio of my intention to cancel.
I acknowledge that my membership will automatically continue & be billed via direct debit at the selected membership rate and acknowledge from this point I am bound by the select membership agreement & cancellation terms. This agreement is a legally binding obligation for which I am financially responsible. If I fail to pay any amount when due under this agreement, I must immediately pay the entire amount owing. This is an ongoing membership agreement.
I acknowledge that to cancel my membership within the contracted time, I must provide notice in writing and will be required to pay a $250 fee to break the contract. Notice can be emailed to hello@fusionwellness.com.au with 2 weeks months notice.
If an automatic direct debit arrangement is in place, fees will continue to be debited from your credit card or account until you or the fitness business cancels the arrangement by notifying your bank or credit provider. If you terminate the agreement or stop the automatic debit arrangement in a manner not described in the agreement, then you may be liable for damages for breach of contract.
PRE-PAID MEMBERSHIP. There are no refunds on the unused portion of any pre-paid memberships, pre-paid classes or any other pre-paid fees.
CONTRACT LENGTH MEMBERSHIP. This agreement is a legally binding obligation for which I am financially responsible. I agree if I fail to pay when a payment is due that I must immediately pay the entire amount owing. This is an ongoing membership agreement. At the conclusion of the initial term (as specified in the chosen Membership Description) my membership will continue on a month to month basis. If I wish to cancel my membership during the contracted term (as specified in the chosen Membership Description) I agree to pay the difference in the membership fee, between my chosen membership and the fee of a No Contract membership for the period of time I was a member.
NO ASSIGNMENT. My membership is personal to me and is not capable of being assigned or transferred.
MEMBERSHIP HOLD. You can put your contract on hold for 6 weeks at a minimum of two week each time during your 12 months or 4 weeks for a 6 month membership and 2 weeks for a 3 month membership. We require 2 weeks notice in writing (hello@fusionwellness.com.au) to action the hold. Time in which the membership is placed on hold will not count towards your contract period. Holds cannot be backdated.
CLASS CANCELLATIONS. If you need to, please allow at least 12 hours cancellation notice prior to your booking so that others may have the opportunity to join the class. I acknowledge that if I cancel a class within 12 hours of its commencement time will be charged a $15 late cancellation/no show fee. If you are on a pass, a class will be deducted from your class pass.
In the event that you need to cancel a booking due to an emergency, please email hello@fusionwellness.com.au or
text 0413 393 573 within 3 hours either side of your class and we can stop the system from charging you a fee or deducting a class.
MARKETING
You agree to allow Fusion Wellness to take and use photographs or videos of you to use for marketing material & promotional purposes from time to time.
TERMINATION FOR CAUSE BY FUSION WELLNESS. Fusion Wellness may terminate my membership if (a) I fail to make any payment or any payments or fees are paid after the due date, (b) any electronic funds payment of my membership fees are interrupted or discontinued for any reason and I do not arrange an appropriate alternative, (c) I breach any of these terms and conditions, fail to follow any membership policies or studio rules, (d) my conduct is improper and harmful to the best interests of the studio or its members or (e) I fail to provide doctor’s approval for exercising, if requested. Termination is effective on the date Fusion Wellness gives written notice to my last known address. I am liable for all financial obligations until such date.
PHYSICAL CONDITION AND NO MEDICAL ADVICE. I represent that I am in good physical condition and have no medical reason or impairment which might prevent me from my intended use of the studio facilities. However, I understand and acknowledge Fusion Wellness will not and cannot provide me any medical advice.
DAMAGED, LOST OR STOLEN PROPERTY. To the maximum extent permitted by law, I: (a) understand Fusion Wellness is not responsible for any of my personal property damaged, lost or stolen while in or around the studio.
PERMANENT SICKNESS OR PHYSICAL INCAPACITY. I may terminate this agreement by written notice to Fusion Wellness where I have suffered a genuine sickness or physical incapacity. Fusion Wellness reserves the right to require a medical certificate stating that I am unable to use the service because of such sickness or incapacity.
COLLECTION OF INFORMATION. I acknowledge and consent to my personal information being collected by Fusion Wellness and its related bodies corporate for the purposes of compiling a database of member information. Fusion Wellness will take all reasonable steps to ensure such information is protected. I hereby consent to Fusion Wellness and each of their respective licensees to use, reproduce, copy, exhibit or distribute (in full or in part) any photographs or videos taken of me and/or recordings made of my voice and/or written extraction, in whole or in part, of such recordings, or computer files in which I may be included, for any purpose whatsoever. I hereby release, discharge, and agree to avert Fusion Wellness and all bodies corporate or persons acting under its permission or authority from any liability or injury that may occur while performing or appearing in the said video, audio, photographic or computer-based production.
SEVERABILITY. To the extent that any clause or part of any clause is in any way unenforceable, invalid or illegal, it is to be read down so as to be enforceable, valid and legal. In the event this is not possible, the clause (or where possible, the offending part) is to be severed from this agreement without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses as the case may be) which will continue in full force and effect.
DDR SERVICE AGREEMENT I hereby authorise Ezidebit to make periodic debits on behalf of Fusion Wellness as indicated on the attached Direct Debit Request (herein referred to as the Business).
I acknowledge Ezidebit is acting as a Direct Debit Agent for the Business and Ezidebit does not provide any goods or services (other than the direct debit collection services to me for the Business pursuant to the Direct Debit Request and this DDR Service Agreement) and has no express or implied liability in regards to the goods and services provided by the Business or the terms and conditions of any agreement I have with the Business.
I acknowledge the debit amount will be debited from my account according to the terms and conditions of my agreement with the Business and the terms and conditions of the Direct Debit Request (and specifically the Debit Arrangement and the Fees/Charges detailed in the Direct Debit Request) and this DDR Service Agreement. I acknowledge it is my responsibility to ensure there are sufficient cleared funds in the nominated account by the due date to enable the direct debit to be honoured on the debit date. Direct debits normally occur overnight, however transactions can take up to three (3) business days depending on the financial institution. Accordingly, I acknowledge and agree sufficient funds will remain in the nominated account until the direct debit amount has been debited from the account and if there are insufficient funds available.
I acknowledge there may be a delay in processing the debit if: (a) there is a public or bank holiday on the day of the debit, or any day after the debit date; (b) a payment request is received by Ezidebit on a day that is not a banking business day in Queensland; (c) a payment request is received after normal Ezidebit cut off times, being 4:00pm Queensland time, Monday to Friday. Any payments that fall due on any of the above will be processed on the next business day. I authorise Ezidebit to vary the amount of the payments from time to time as may be agreed by me and the Business as provided for within my agreement with the Business. I authorise Ezidebit to vary the amount of the payments upon receiving instructions from the Business of the agreed variations. I do not require Ezidebit to notify me of such variations to the debit amount. I acknowledge Ezidebit is to provide at least 14 days’ notice if it proposes to vary any of the terms and conditions of the Direct Debit Request or this DDR Service Agreement including varying any of the terms of the debit arrangements between us. I acknowledge any disputed debit payments will be directed to the Business and/or Ezidebit. If no resolution is forthcoming, I agree to contact my financial institution. I acknowledge if a debit is returned by my financial institution as unpaid, a failed payment fee is payable by me to Ezidebit. I will also be responsible for any fees and charges applied by my financial institution for each unsuccessful debit attempt together with any collection fees. Including but not limited to any solicitor fees and/or collection agent fees as may be incurred by Ezidebit.
I acknowledge certain fees and charges (including setup, variation, SMS or processing fees) may apply to the Direct Debit Request and may be payable to Ezidebit and subject to my agreement with the Business agree to pay those fees and charges to Ezidebit. Credit Card Payments I acknowledge Ezidebit will appear as the merchant for all payments from my credit card. I acknowledge and agree Ezidebit will not be held liable for any disputed transactions resulting in the non-supply of goods and/or services and all disputes will be directed to the Business as Ezidebit is acting only as a Direct Debit Agent for the Business. I acknowledge and agree that in the event a claim is made, Ezidebit will not be liable for the refund of any funds and agree to reimburse Ezidebit for any successful claims made by the Card Holder through their financial institution against Ezidebit. Ezidebit will keep my information about my nominated account at the financial institution private and confidential unless this information is required to investigate a claimed made relating to an alleged incorrect or wrongful debit, or as otherwise required by law. Further information relating to Ezidebit’s Privacy Policy can be found at www.ezidebit.com.au This is an ongoing membership agreement. The agreement will continue until either me or the supplier terminates it in the way described in the agreement. If an automatic debit arrangement is in place, membership fees will continue to be debited from my credit card or account until me or Fusion Wellness cancels the arrangement by notifying my bank or credit provider. If I terminate the agreement or stop the automatic debt arrangement in a manner not described in the agreement, then I may be liable to Fusion Wellness for damages for breach of contract.
11. ADDITIONAL TERMS
You acknowledge that Fusion Wellness may need to amend these Terms and Conditions and Fusion Wellness will provide you with 28 days written notice of any material changes.
Fusion Wellness may also refuse entry to any member if a member is deemed to act in an unreasonable manner. You are aware that Fusion Wellness uses CCTV.
Fusion Wellness can assign and or transfer this Contract.
This Contract is governed by the laws of the State of New South Wales, Australia. Without regard to its conflict of law provisions. If a court decides any part of this a Contract is invalid or unenforceable then that section will be deleted. The other sections remain valid and enforceable. Any complaint should be raised in writing with Fusion Wellness.