Terms & Conditions

Membership Agreement

The membership agreement comprises the Tax Invoice and Direct Debit Request, these terms and conditions (together the “Membership Agreement”). 

1. INTRODUCTION
By signing this 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, you use the Gym facilities at your own risk and responsibility and you are aware that exercise is physically demanding and participation in some activities offered by the Gym may pose a risk to your health;
• This Agreement also relates to your authority to the debiting agent nominated by the Gym, currently Mindbody Payments powered by Stripe Payments Australia Pty Ltd to direct debit your nominated bank account or credit card for any instalments or fees due under the terms of this Agreement and the direct debit request; and
• These terms and conditions can also be accessed on the website 10south.com.au As a member, you can use the Gym in accordance with these terms and conditions.
• You are aware that, as part of your membership of the Gym you are granted a complimentary 3 game membership to the Geelong Football Club. To opt out from this entitlement you must send an email to memberships@geelongcats.com.au 

2. DEFINITIONS 
Gym, We, Our: means the 10 South Gym at 10 West Fyans Street, Newtown 3220 owned by the Geelong Football Club Limited. You, Your, Member: refers to the name in which the membership has been created. 

3. MEMBERSHIP ENTITLEMENTS 
Membership at the Gym entitles you to: 

• Work out as many times as you wish in a given period, subject to any restrictions on your membership type relating to Gym access outside of staffed hours.
• participate in normally scheduled group fitness classes subject to securing a booking through the booking system. Please note additional fees may apply to specific group fitness programs.
• participate in personal training subject to securing a booking through the booking system and payment of the applicable fee.
• use exercise equipment located on the Gym floor and cardiovascular training areas subject to any restrictions on your membership type relating to use of free weights. The Gym reserves the right to make changes to exercise equipment supplied at the Gym at any time or the group fitness or class timetable at any time. All current members will receive a complimentary ‘Flexi 4 Membership’ to the Geelong Football Club (to opt out from this entitlement, email: membership@geelongcats.com.au).

4. MEMBERSHIPS AVAILABLE
A detailed outline of membership options is available from reception upon request. We note this Agreement is subject to a cooling off period under which you may end the Agreement at any time within 7 business days after the date on which the Agreement is signed. A member may upgrade their membership at any time. 

5. ACCESS & STAYING UP TO DATE WITH YOUR TERMS
We reserve the right to restrict access to any part of the Gym for maintenance or restricted use. We retain the right to update and make changes to our terms and conditions from time to time. This includes changing the Gym’s hours of operation, membership fees and types and the Gym’s services and facilities. The most up to date terms and conditions always apply. If we reasonably consider that any change to the terms and conditions is likely to benefit you or be of no, or immaterial, detriment to you, we can make the change immediately and do not need to notify you. For all other changes, we will give you at least 30 days’ notice of any changes by placing a notice in the Gym or publishing on our website or writing to you at your address (by email). You agree to be bound by, and comply with, all standards, policies, rules and regulations governing the affairs and conduct of the Gym (as amended or created from time to time). 

5.1 OPERATING HOURS
The Gym is open 24/7 for member use ONLY. Please refer to our website 10south.com.au and notice in the Gym for staffed days and opening hours. Gym hours will vary on Public Holidays and over the Christmas and Easter period. Staffed opening hours are subject to change and any such changes will be posted as a notice in the Gym and on the website. 

5.2 CHECKING IN
All members must present their membership key tag upon entry to the Gym at every visit. If you attend without your membership key tag, we may refuse your entry. Each time you arrive at the Gym, you must scan your membership key tag for safety, security and insurance purposes. Your membership key tag can be scanned either at the self-scan entrance (at any time or when reception is closed) or by presenting your key tag to reception (if you arrive when reception is staffed), 

5.3 MEMBERSHIP KEYTAGS
When you join you will receive a membership key tag, which will be issued from reception. Membership key tags are not transferable. 

5.4 LOST MEMBERSHIP KEYTAGS
You must notify reception if your key tag becomes lost or stolen and you must purchase a replacement key tag. 

6. LOCKERS, VALUABLES & LOST PROPERTY
Lockers are available and are located in the change rooms for your use, however lockers are NOT security devices. To the extent permitted by law, the Gym and its employees and contractors are not responsible for any loss of, or damage to, personal property from the Gym or locker. Any items remaining in lockers overnight or items that have been handed into reception will be held for one month and then donated to charity. 

7. AGE POLICY
Memberships are available as follows: 16 years and over. Memberships are available to persons over the age of 16 years. All classes and equipment are available subject to any medical advice. Under 16 years of age. Persons aged under 16 years of age may not purchase a membership to 10 South Gym.

GENERAL TERMS AND CONIDITONS OF ENTRY
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 suspension or termination of your membership. 

8.1 ENTRY.
Entry will be refused or you may be requested to leave the Gym if:

• You are using abusive or threatening language or are behaving in a threatening way; or
• You are under the influence of drugs or alcohol; or
• You instruct other members when the Gym has not authorised you to do so; or
• You behave in a way that is considered by the Gym to be inappropriate. 

8.2 DRESS CODE
Whilst on the Gym premises, you are required to be neatly attired in clean gear, such as t-shirts, shorts, tracksuits, leotards, tights etc. Appropriate footwear is compulsory in all non-wet areas. Thongs and work boots are not considered to be appropriate footwear. 

8.3 NON-SMOKING
The Gym is a smoke free facility. Smoking (including the smoking of cigarettes, electronic cigarettes or vaping) is not permitted anywhere in the Gym at any time. 

8.4 CAMERA USE
You must not use cameras in the Gym without permission. Taking photos or videos of other members without their consent is a breach of our terms. 

8.5 PARKING
You park in the Gym car park at your own risk. To the extent permitted by law, the Gym is not liable for any loss or damage to your vehicle or its contents, 

8.6 GUESTS
Casual rates apply for all guests. Guests must be over 16 years of age. 

8.7 USE OF EQUIPMENT
You are required to return equipment to its original state when you have finished, including returning weights and bars to racks and wiping down equipment after use. For the safety of you and others, please follow all equipment operating and safety instructions on the equipment and, if you are unfamiliar with the equipment or unsure of correct use or operation of equipment, you must seek assistance from a personal trainer. 

8.8 GROUP FITNESS and SPINING CLASSES
For your convenience and safety, class numbers are restricted. You must book a space in order to attend a group fitness or spin class. The booking system can be accessed via a web portal using your email address, or via the Mind Body App. We suggest that you arrive at least 5 minutes prior to class commencement. You must comply with the following procedures: In order to eliminate the risk of minor injuries, you must not enter the class after it has commenced. The warmup track is an important part of avoiding injuries and should not be missed. You must bring in a workout towel to every class. We strongly suggest you remain in class for the cool down exercises – this is an important part of avoiding injuries. Management reserves the right to alter class type, class instructor or class frequency at any time. 

8.9 PERSONAL TRAINING
Personal training services are available for an additional fee. Punctuality is important. Session start times and end times cannot be extended. If you arrive 5 minutes late, 5 minutes is lost from the session. It is recommended that all clients arrive 15-20 minutes prior to their PT session for a sufficient warm up. You must provide at least 24 hours’ notice of any cancellations. If you do not provide the required notice of cancellation, the session will be charged to and deducted from your account. Cancelled PT sessions MUST be made up within 30 days of their original scheduled time. 

8.10 GYMNASIUM
As a condition of membership, all members must: Bring a towel to each workout – no towel; no workout! Place a towel on all benches and mats during use and wipe down computerized equipment after use. Replace weights on racks after use. Show courtesy to fellow members and share equipment. Please report any maintenance problems to a team member. Do not attempt to correct any difficulty yourself. 

9 CCTV
You acknowledge and understand that CCTV has been installed in appropriate areas within the Gym and surrounds as a strategic component for member, staff and contractor safety and crime and misconduct prevention. By entering the Gym, you consent to being filmed under CCTV for these purposes and understand that we will only use and store your image in accordance with our Privacy Policy. 

10 MEMBERSHIP FEES
All memberships are subject to the payment of a Joining Fee and membership fees applicable to your type of membership as listed on our website. 

JOINING FEE (Start Up Fees): The joining fee is a non-refundable payment at the commencement of your membership. This is a one-off payment that you will not need to pay again unless you seek to re-join after your membership has expired. 

DIRECT DEBIT
If you pay any fees, including ongoing membership fees, by direct debit, then this will be through our biller (not us). You will be provided with a copy of the Stripe Payments Australia Pty Ltd ACN 160 180 343 DDR Service Agreement (“DDR Agreement”) which applies to any direct debit services. The DDR Agreement, which we are not a party to, is entirely separate to this Membership Agreement. You must perform your obligations under the DDR Agreement. By nominating a credit or debit account, you authorise our biller to deduct from that account all fees and other charges you are responsible for under this Membership Agreement. You must keep your account details up to date. Without limiting your obligations under the DDR Agreement, you must ensure there is enough money in your nominated account on the usual payment day, or the next working day if the payment day falls on a day when banks do not process payments. Mindbody Payments powered by Stripe Payments Australia Pty Ltd customers will incur a late fee as advised by Mindbody Payments powered by Stripe Payments Australia Pty Ltd in the DDR Agreement for any debit that fails. This amount is retained and received by the debit company, not the Gym, and is non-refundable. 

11 MEMBERSHIP RENEWALS
When your membership is due to end you can renew your membership at the current membership rate advertised by the Gym at the time of your membership renewal by contacting reception By renewing your membership, you agree to the membership terms and conditions that apply at that time. In order to receive any reduced or special renewal rates as advertised by the Gym at the time of your membership renewal, subscriptions must be paid before or by the actual membership expiry date. Members who allow their membership to lapse will not be eligible for any reduced or special renewal rates. Your new Membership term will be calculated from the previous Membership expiry date, not the payment date. 

12 OVERDUE FEES & REVOCATION OF MEMBERSHIP ENTITLEMENTS
If there are repeated failures to meet your payment obligations (other than through the fault of the Gym or its payment provider), without prejudicing the Gym’s rights to recover any overdue payments, your membership may be suspended or terminated by written notice to you. All entitlements and entry into the Gym may be revoked if your account is in arrears and you fail to resolve the debt after being provided reasonable notice. 

13 SUSPENSION
All membership suspension requests must be made in writing to reception. MEMBERSHIP SUSPENSIONS WILL NOT BE BACKDATED You must provide the Gym with a minimum of 5 days written notice prior to the suspension start date. 

Direct Debit Memberships
You may suspend your membership for a minimum period of 14 Days. Longer periods must be taken in fortnightly blocks (such as, four weeks, six weeks etc.). Your suspension must have an end date; we are unable to provide unlimited suspensions. All suspension requests must be made to reception in writing. There is a fortnight fee payable by you during the period of suspension. This fee is payable by you by direct debit payment. The applicable fee is listed on our website. Whilst your membership is suspended, use of the Gym’s facilities is prohibited, unless you choose to pay a casual entry fee.

Term Memberships
12-month term memberships include three (3) months complimentary suspension time. Additional time is available at a fee listed on our website. Suspension on memberships with term of less than 12 months is available subject to the payment of a fortnightly fee listed on our website. All suspensions must be for a minimum of 14 Days on Term Memberships. Whilst your membership is suspended, use of the Gym’s facilities is prohibited, unless you choose to pay a casual entry fee. 

14 TRANSFERS
You can transfer your membership to another person (transferee) within the term of your Agreement subject to the following: Term Memberships are transferable at a fee listed on our website. The transferee must not be a current member, must not have been previously banned from the Gym or failed to pay membership fees and must complete the new member sign up process. It is the responsibility of the member to negotiate the sale of their membership. 

15 CANCELLATION
A cancellation request should be provided to the Gym as follows:

15.1 COOLING OFF PERIOD
Your membership is subject to a seven (7) business day cooling off period. The cooling off period applies to new memberships only and does not apply to membership transfers or renewals. The cooling off period starts from the date the Agreement is entered into (the date the Agreement is signed) and ends at the close of seven (7) business days later. You may cancel your membership without cause or reason during this period by notifying Gym reception in writing. Any fees that are required to be refunded to you will be paid to you within seven (7) days after you have cancelled your membership and you have returned your membership key tag, and any other merchandise or documentation which we have provided to you upon joining. In determining the refund amount, we are entitled to deduct from any amount paid by you, a reasonable amount for any fitness products or services provided to you, and a reasonable administrative charge. After the expiry of the Cooling Off Period, refunds will not be given, unless required under legislation. 

15.2 CANCELLATIONS OUTSIDE THE COOLING OFF PERIOD
You may cancel your membership before expiry of any minimum terms on the provision of 2 weeks’ notice in writing to the Gym if all installments and fees due up to the date of cancellation are paid and a cancellation fee as listed on our website is paid in full at the time of the cancellation request. You may cancel your ongoing membership on the provision of 2 weeks’ notice in writing to the Gym if all installments and fees due up to the date of cancellation are paid. 

16 TERMINATION BY US
We may terminate your membership immediately by emailing or writing to you at the contact addresses we have on our records in the following circumstances. 

• if you commit a serious or repeated breach of these terms and conditions;
• if you otherwise breach these terms and conditions and the breach, if capable of remedy, is not remedied within fourteen (14) days of us giving you notice to do so and informing you that your membership will be terminated if you fail to do so;
• if any part of your membership fees remain unpaid twenty (28) days after the applicable due date for payment;
• If you provide us with details which you know to be false when applying for membership and these false details may have affected our reasonable decision to grant you membership;
• If we reasonably believe that you have engaged in conduct that infringes the health, safety or wellbeing of any other members or staff;
• The temporary or permanent closure of the Gym where a suitable replacement gym is not available for the membership to transfer; or
• To protect the health and safety of you or other members. In the event of termination under these provisions and subject the paragraph below, we will refund to you a proportion of the fees paid upfront by you representing the unused portion of the Agreement less any applicable cancellation fees. If we terminate your membership for any of the reasons set out above, we may (without limiting any other right or remedy available to us) recover any other reasonable costs and expenses we incur as a result of your breach and collect the full amount of membership fees owed by you for the remainder of the then current fortnightly billing period and any arrears and any applicable cancellation fee. 

17 LEGAL RESPONSIBILITY 

17.1 MEETING YOUR RESPONSIBILITIES
Your responsibilities, including payment of, membership fees, do not depend on how often you use the Gym. You must make sure you know how to exercise safely, by asking if necessary. You agree not to take valuables into the Gym, even if you plan to put them in a locker. You must tell us anything that affects your membership and any changes to your contact information and direct debit banking details where you have elected to pay your membership fees by direct debit. You must inform us in advance in writing if there are any risks to your health if you participate in fitness activities and services and if required seek approval from your medical practitioner. 

17.2 HEALTH
You acknowledge and agree that you use the gym and its facilities at your own risk and responsibility. By entering into this Membership Agreement and each time you use the Gym, you acknowledge and agree that you are in good physical condition, medically sound to undertake a normal course of exercise and know of no medical or other reason why you should not exercise. You must not use the Gym if you are suffering from any illness, disease, injury or other condition that could be a risk to your health or safety or that of other people. If you are unsure as to the state of your health or physical condition, you must not use the Gym until you have sought appropriate medical guidance and have been cleared to use the Gym by your medical practitioner. You acknowledge that pre-exercise or other screening is no substitute for medical advice and does not guarantee against injury or death. You agree to give us all relevant personal health and fitness information both before and during the course of any exercise program or other activity. We may require you to complete a health assessment questionnaire before participating in any exercise program or other activity. If we believe you have any health issue or if any health assessment questionnaire that we require you to undertake is not fully completed, we may require you to obtain a medical certificate before allowing you to participate in any exercise program or other activity. We may suspend or cancel your membership if we have reason to suspect that you have not complied with this clause. 

18 PRIVACY
We are committed to protecting the privacy of our members and any personal information we collect. We comply with the Privacy Act 1988 (Cth). Our Privacy Policy, which may be found at www.geelongcats.com.au/privacy explains how we may collect, use, disclose and otherwise handle personal and sensitive information. We collect personal information from you to provide you with our services, to administer your membership with us and for the other purposes described in our Privacy Policy. In most cases, we collect your personal information directly from you, including through your membership application form and in the course of our other communications with you, which may occur when you call or contact our staff. If you do not allow us to collect your personal information, we may not be able to provide you with our services, administer your membership with us or conduct some or all of the other activities described in our Privacy Policy. With your consent, we may also collect personal information which relates to your physical health or condition. We will use such information to assess your general health, wellbeing and your readiness for physical exercise and for the other purposes set out in our Privacy Policy. If you do not provide this information, you will not be able to use the Gym. In order to perform our services and for the purposes described in our Privacy Policy, we may disclose some of your personal information to our related bodies corporate and to other persons or entities as outlined in our Privacy Policy. If you default on payments due to us we may disclose your personal information by notifying the default to a credit reference agency or other third party to obtain payment from you. Other than as set out in our Privacy Policy, we will not share your personal information without your consent unless we are required to do so by law. Our Privacy Policy explains how you may access and correct the personal information that we hold about you. It also sets out how you may contact us to complain about a breach of the Privacy Act 1988 (Cth), and how we will deal with such a complaint. If you have any questions or concerns about privacy or if you would like further information about our privacy practices, please contact our privacy officer using the following details: Email: privacy.officer@geelongcats.com.au.. 

19 ASSIGNMENT BY US
We may transfer our rights and obligations (or both) under this Membership Agreement, or subcontract our obligations under it, to another organisation without giving you notice and you will continue as a member. 

20 RULE INTERPRETATION AND AMENDMENT
Questions concerning the interpretation of the rules and regulations, documented in these terms and conditions, should be directed to Management. These rules and regulations may be changed/amended by Management at its sole discretion at any time. Management’s decision will be final. 

21 ENTIRE AGREEMENT
This Agreement and its Annexures, and the Mindbody Payments powered by Stripe Payments Australia Pty Ltd BECS Direct Debit 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, the Gym and MindBody Payments 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 Stripe Payments Australia Pty Ltd ACN 160 180 343   

Execution and Acknowledgment
By executing this Agreement, I irrevocably and unconditionally acknowledge and agree that I am bound by the terms and conditions contained in this Agreement.

Request and Authority to Debit

By completing this form, you are opting to make payment of your 10 South membership via direct debit. This option is provided by a third-party provider Stripe Payments Australia. We will use the personal details that you provide us in this form in accordance with our Privacy Policy https://www.geelongcats.com.au/privacy. In addition, by providing your details in this form, you consent to us disclosing your personal details to Stripe Payments Australia to be used to process your membership payments in accordance with their terms and conditions. In addition, by providing your details in this form, you consent to us disclosing your personal details to Mindbody, Inc to be used to process your membership payments in accordance with their privacy policy: Mindbody Privacy Policy. By providing your bank account details and confirming this payment, you agree to this Direct Debit Request and the Direct Debit Request service agreement*, Direct Debit Request service agreement, and authorise Stripe Payments Australia Pty Ltd ACN 160 180 343 Direct Debit User ID number 507156 (“Stripe”) to debit your account through the Bulk Electronic Clearing System (BECS) on behalf of (the “Merchant”) for any amounts separately communicated to you by the Merchant. You certify that you are either an account holder or an authorised signatory on the account listed above. *Full Direct Debit Request service agreement text can be found on page 2-3 of this form or viewed at BECS Direct Debit Request Service Agreement

BECS Direct Debit Request Service Agreement

Service Agreement

1. By agreeing to the Direct Debit Request you authorise Stripe to arrange for funds to be debited from your nominated financial institution account (the “nominated account”). Stripe is acting as an agent for the Merchant and Stripe does not provide any goods or services to you.

2. Stripe or the Merchant will give you at least 14 days notice in writing of any changes to the terms of the drawing arrangements.

3. Stripe will keep information relating to your nominated account confidential in accordance with Stripe’s privacy policy, except where required for the purposes of conducting direct debits with your financial institution. Your personal information will be transferred by Stripe to the United States. If you do not want to provide your personal information to Stripe in connection with the Direct Debit Request, Stripe will not be able to debit your nominated account.

4. Where the due date is not a business day Stripe will draw from your nominated financial institution account on the next business day. 5. It is your responsibility to:

• Ensure your nominated account can accept direct debits;
• Ensure that there are sufficient clear funds available in the nominated account to meet each drawing on the due date;
• Advise immediately if the nominated account is transferred or closed or your account details change;
• Arrange a suitable payment method if Stripe or the Merchant cancels the drawing arrangements;
• Ensure that all authorised signatories nominated on the financial institution account to be debited authorise the Direct Debit Request.

6. Subject to the terms and conditions of your nominated financial institution account and your agreement with the Merchant, you may alter the drawing arrangements. Such advice should be received by the Merchant at least 7 business days prior to the drawing date for any of the following:

• Changing your nominated account number
• Deferring a drawing
• Altering a DDR schedule
• Cancelling the drawings completely

7. If you require further information, please contact the Merchant. Alternatively, you can also contact your financial institution.

8. If you believe that there has been an error in debiting your account, you should notify the Merchant as soon as possible. The Merchant will notify you in writing of its determination and the amount of any adjustment that will be made to your nominated account (if any). Stripe will arrange for your financial institution to adjust your nominated account by the applicable amount (if any). Alternatively, you can also contact your financial institution.

9. The details of your drawing arrangements are contained in the above Direct Debit Request.

10. Stripe reserves the right to cancel the drawing arrangements if three consecutive drawings are dishonoured by your financial institution, and for the Merchant to arrange with you an alternative payment method. Please refer to the terms and conditions of your nominated financial institution account to see whether dishonour fees apply. The Merchant may charge additional dishonour fees in accordance with your agreement with the Merchant.