Welcome to Beach Mum Personal & Group Training. To ensure that Beach Mum Personal & Group Training is able to provide a safe and comfortable environment for all members and staff, please assist us by ensuring that you comply with the following conditions. We advise you to only sign the membership agreement if you understand and agree with these conditions. The information outlined in these terms and conditions can / will be used in the event of a discrepancy.

INTRODUCTION

By signing the agreement you are acknowledging and agreeing:

you have been given a copy of this agreement and agree to abide by the rules of membership;

you are medically sound to undertake a normal course of exercise, attend Group Classes and Personal Training sessions at your sole risk and responsibility and you are aware that exercise is physically demanding and participation in some activities may pose a risk to your health; you have submitted your Pre-Exercise Questionnaire, and

this agreement also relates to the member’s authority to PaySmart or other debiting agent nominated by Beach Mum Personal & Group Training 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 and Direct Debit Request. These terms and conditions are set out in this agreement.

DEFINITIONS

In this Agreement unless the contrary intention appears:

The singular includes the plural and vice versa.

A reference to a party includes that party’s legal personal representative heirs and assigns.

“You” and "Member" refers to the name in which the membership account has been created, which at times may differ to the party paying for the membership, and includes the parent or guardian of the Member if the Member is under 18 years.

"Beach Mum" means the Beach Mum Personal & Group Training (ABN 28 002 251 270) of Level 2/ 867 South Road, Clarence Gardens (SA) 5039

“PaySmart” is PaySmart Pty Ltd, PO Box 5567, Stafford Heights 4053 Q Australia Phone: 1800 801 797, E-mail: PO Box 5567, Stafford Heights 4053 Q Australia or other debiting agent nominated by Beach Mum from time to time.

MEMBERSHIP QUERIES

All queries and comments about the services provided under this Agreement should be directed to Beach Mum via email beachmumtraining@gmail.com or phone 0449 120 556.

All queries and comments about the direct debit billing service should be directed to PaySmart.

The Member acknowledges that PaySmart has been engaged by Beach Mum to collect the fees due under this agreement if paying by way of direct debit, and also acknowledges that all rights of Beach Mum under this Agreement are able to be enforced by PaySmart as if it were Beach Mum without any involvement on the part of Beach Mum or the consent of the Member.

ACCESS TO TRAINING

All members must register your attendance for safety, security and insurance purposes.

Access to training may be refused as a result of unpaid or outstanding membership fees as detailed in this agreement.

GENERAL CONDITIONS OF ACCESS TO TRAINING

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

Access: Access to training will be refused or you may be requested to leave the the training session if:

you are using abusive or threatening language or behaving in a threatening way; or

you are under the influence of drugs or alcohol.

DRESS CODE: Fully enclosed sports shoes must be worn during workouts for safety reasons. Members are required to wear a singlet or t-shirt at all times in the club. Clothing must be clean and tidy with no offensive prints or designs for the consideration of other members. If you are participating in outdoor training a hat must be worn to prevent heat stroke and sunburn.

CHILDREN: Minors under the age of 18 years, but no younger than 16 years may be eligible for a membership and the following general terms and conditions:

the minor must only attend training sessions that do not include the use of weights in order to be granted access to training;

the minor must comply with all safety requirements of Beach Mum as communicated to the member from time to time;

the minor’s membership may be cancelled for any inappropriate behaviour, misuse of equipment or failure to comply with safety requirements;

PERSONAL TRAINING: Personal training services are available for an additional and/ or separate fee. Please contact Beach Mum for more information directly.

USE OF EQUIPMENT

For the safety of you and others, please follow all equipment operating and safety instructions as instructed by the trainer.

If you are not sure of correct use of equipment please seek assistance from your trainer.

MEMBERSHIP ENTITLEMENTS

Membership at Beach Mum entitles you to:

Participate in normally scheduled Group Fitness classes. Additional fees may apply for specific group fitness programs or challenges.

Beach Mum reserves the right to make changes to the Group Fitness timetable at any time (ie. alter class type, times and instructors).

MEMBERSHIP OBLIGATIONS

Membership at Beach Mum requires you to:

Update your contact details with Beach Mum when they change.

Comply with all 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.

You acknowledge that it is your responsibility to cancel   direct debit facilities in respect of your membership   when this agreement expires or is terminated.

SPECIAL CONDITIONS FOR CERTAIN MEMBERSHIP TYPES

If there are special conditions or benefits relating to your membership type, these will be displayed on the website form and part of your membership agreement.

OVERDUE FEES & REVOCATION OF MEMBERSHIP ENTITLEMENTS

All entitlements and access to training with Beach Mum is revoked if a member’s account is in arrears in excess of 2 weeks worth of membership fees.

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

Beach Mum or PaySmart will attempt to contact you about retrying the debit.

If the debit remains outstanding it will be processed within 14 days of the reversal with any reversal and late fees that apply.

If you fail to pay us the fees by the due date, we are entitled to refuse you access to training.

If unpaid fees remain outstanding and after attempts by us to rectify the arrears, your membership may be forwarded to a collection agency for further action.

Beach Mum reserves the right to vary the process set out in this clause 11 by providing you with one month advance written notice of any changes.

 

CANCELLATION / TERMINATION

A cancellation request should be provided to Beach Mum as follows:

Permanent Sickness or Physical Incapacity:

Beach Mum requires a medical certificate stating that you cannot utilise any fitness services or facilities because of your permanent illness or physical incapacity.

Beach Mum may agree to cancel the membership from the date of the medical certificate.

Cancellation for any other reason (within minimum term):

You may terminate your membership 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 in full at time of cancellation request.

Beach Mum requires you to contact beachmumtraining@gmail.com advising of your cancellation request.

Cancellations after completion of Minimum Term:

Beach Mum requires you to contact beachmumtraining@gmail.com advising of your cancellation request.

There will be a period of notice of 14 days (the specified supply period), unless otherwise specified, from the date of cancellation request to the date of termination, during which any payments that fall due must be paid in full.

The notice period will exclude suspension or payment break time applied to your membership.

Any instalments/fees due at the date of termination (including instalments/fees which fall due during the notice period) will remain a debt owed to and recoverable by Beach Mum Personal & Group Training and/ or PaySmart

You shall not consider that your membership agreement has been terminated until such time as this is confirmed in writing to you by PaySmart (not more than 14 days after the termination date). Termination of your membership agreement will also terminate the Direct Debit Request Authority.

Ongoing Membership Agreements:

After the expiry of the minimum term payments and after all instalments and fees due have been paid in full, should the box on the front of this Agreement requesting termination at minimum term be marked then this Agreement shall automatically terminate.

Should the box on the front of this Agreement requesting termination after the minimum term not be marked, then this Agreement shall continue indefinitely until such time as the Member makes a request, after the expiry of the minimum term for it to terminate. Refer to notice period in section 12.(d).

Termination by Beach Mum Personal & Group Training

Beach Mum reserves the right to terminate this membership agreement in accordance with the following conditions:

Failure to abide by any of the criteria listed in the Conditions of Participation or the items listed in this agreement.

Action upon a complaint by either another member, employee or contractor of Beach Mum Personal & Group Training.

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

Any other reason in the interests of protecting the health and safety of you or other members.

 

DAMAGE & PERSONAL INJURY

To the extent permitted by law, Beach Mum Personal & Group Training and PaySmart excludes any liability to the Member in Agreement, tort, statute or in any other way for any injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by the Member and/or any other person, or for any costs, charges or expenses incurred by the Member, arising from or in connection with this Membership Agreement and/or the services/products provided by Beach Mum Personal & Group Training and/ or PaySmart, and/or any act or omission of Beach Mum Personal & Group Training and/ or PaySmart.

 

SUSPENSION

Suspension of payments may be possible under the terms of your Membership Agreement. Payments may be suspended for a minimum of 2 weeks at a time so long as the total time suspended within 12 months does not exceed 4 weeks. In order to suspend payments you should contact PaySmart at least 3 days prior to the date of the first suspended payment. Any time spent on suspension will be added onto the minimum term of the Membership Agreement so that the sum of the instalments payable for the minimum term or number of payments shall still be payable regardless of any suspension or suspension charges made.

PAYMENTS BY DIRECT DEBIT

If paying by Direct Debit:

the Member agrees to pay the instalment amount at the agreed payment frequency until this Agreement is terminated in accordance with clause 12.

Should there be any arrears in payments the Member authorises PaySmart to debit the outstanding balance in order to bring the account up to date.

 

PRIVACY

Your “personal information” (as that term is defined in the Privacy Act 1988 (Cth)) will only be used by Beach Mum Personal & Group Training or PaySmart  to provide you with the services contemplated by this Agreement.

PaySmarts’ Privacy Statement can be obtained from its website https://express.ffapaysmart.com.au/Public/Privacy.aspx

Beach Mum Personal & Group Training’s Privacy Statement can be obtained from xxx.

 

DEBT COLLECTION AGENCIES

If paying by Direct Debit, upon default by you in regard to any obligation under this Agreement and failure to remedy the default after notification by PaySmart:

you authorise PaySmart to notify any debt collection agency of the default;

PaySmart may, at its sole discretion may terminate the membership agreement at which time the full outstanding balance for the remainder of the minimum term or payments (including any current arrears) shall be due in full; and

you authorise Paysmart to add to the outstanding debt a fee of $50 and an amount equivalent to 25% of the full outstanding balance (being PaySmart’s expenses reasonably incurred in collecting the debt) upon initial referral to the debt collection/credit reporting agency.

 

INCREASE IN FEES

If paying by Direct Debit, Beach Mum Personal & Group Training / PaySmart may at any time AFTER the end of the minimum term, upon sending written notice to your last known email or postal address and giving 14 days notice, increase the instalment amount.

If you wish to terminate your membership agreement as a result of the increase in the instalment amount, you must must notify Beach Mum Personal & Group Training / PaySmart  in writing within 14 days of the date of the written notice sent by Beach Mum Personal & Group Training / PaySmart. The membership agreement will be terminated upon receipt of this notice.  

If you do not notify Beach Mum Personal & Group Training / PaySmart of your intention to terminate your membership within such specified time period, then your membership agreement will remain in force and the increase in the instalment amount will be deemed to be accepted by you.

 

ENTIRE AGREEMENT

This Agreement and its Annexures, the DDR Service Agreement (if paying by Direct Debit), and any Special Terms & Conditions listed on the website constitute the entire agreement, understanding and arrangement (express and implied) between the Member, Beach Mum Personal & Group Training and PaySmart relating  to the subject matter of this Agreement and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.

The issuer of the billing service is PaySmart.  PaySmart Pty Ltd ACN 117 597 010 is an authorised representative (AR No. 409047) of Transaction Services Holdings Limited (AFSL 338256)

If Periodic Agreement: the membership will continue until terminated by you or by Beach Mum Personal & Group Training.

If Fixed Term Agreement: the membership is for a fixed term only and if further membership periods are required a new agreement will be required.

Supply Period: the supply period for supply of goods and services is a minimum of 2 weeks.

Please cancel any direct debit authorisation for payments under this agreement for:

Periodic Agreement: upon termination of the agreement; or

Fixed Term Agreement: either at the end of the fixed term or on earlier termination.