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CFA Terms And Conditions

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TERMS AND CONDITIONS -1 September 2017  

IMPORTANT: Please read this document carefully. It is a condition of your use of our services that you comply with these terms and conditions.

These terms and conditions apply to all Goods and Services supplied by CrossFit Athletic (“CFA”). These terms and conditions are to be read in addition to and will prevail over any additional terms and conditions specified for any individual purchase of services, programmes, products, courses, fitness sessions, seminars and competitions supplied by CFA. In so enrolling and in consideration of any fee (if applicable) for entry to any services. I acknowledge, warrant and agree that:

  • Interpretation
  1. CrossFit Athletic (“CFA”) means: CrossFit Athletic Pty Ltd ABN: 15 140 119 286 trading as CrossFit Athletic and its permitted successors and assigns, Exit Plan Pty Ltd ACN 147 454 242 ATF The Athletic CBD Unit Trust ABN: 80 139 722 614 trading as CrossFit Athletic City and its permitted successors and assigns, Bodhi Plan Pty Ltd ACN 169 383 706 ATF The Athletic Mona Vale Unit Trust ABN: 20 746 884 288 trading as CrossFit Athletic Mona Vale and its permitted successors and assigns.
  2. Agreement means this document, the attached Enrolment Form as well as any schedule and/or annexure to this document.
  3. CFA Representative means any of CFA’s directors, officers, contractors, subcontractors, servants, agents, employees or other representatives.
  4. “I” means the CFA member that has signed this Agreement.
  5. CFA Goods and Services means any classes, programmes, products, courses, fitness sessions, PT or group sessions, seminars and competitions. This definition is not exhaustive and may be altered to include other services which will be defined from time to time.
  • Payments
  1. All fees and CFA Goods and Services are subject to change at the sole discretion of CFA. Full payment of fees is required in advance for all CFA Goods and Services as is the mechanism for securing my place in CFA Goods and Services.
  2. All CFA fees are calculated on the basis of 52 weeks per year. For the avoidance of doubt, 12 months equals 52 weeks, 6 months equals 26 weeks and 3 months equals 13 weeks.
  3. A minimum of 3-Month Membership is required. The members’ credit card or bank account will be debited on or around the 1st or 15th of every month.
  4. A Late Payment/Declined Credit Card Fee of $15 will be charged on any overdue payments.
  5. Once the member has completed his/her Contract, the Contract will auto-renew and the Member will remain on his/her current Membership and Membership Rate. Should the Member wish to amend or cancel his/her Membership, the member will notify a CFA representative in writing. A minimum of 7 days’ notice is required for cancellation of Membership.
  • Membership Freeze, Refund & Cancellation Policy
  1. Members are entitled to Freeze the following eligible memberships:

a) 12-Month Unlimited Membership – A Freeze period of four (4) calendar weeks at no cost to Member

b) 12-Month Frequent Flyer – A Freeze period of four (4) calendar weeks at no cost to Member

c) 6-Month Unlimited Membership – A Freeze period of two (2) calendar weeks at no cost to Member

d) 6-Month Frequent Flyer – A Freeze period of two (2) calendar weeks at no cost to Member

e) 3-Month Unlimited Membership – A Freeze period of one (1) calendar week at no cost to Member

f) 3-Month Frequent Flyer – A Freeze periods of one (1) calendar week at no cost to Member

  1. A Freeze period for 3-Month Memberships must still comply with the initial 3-Month minimum Membership terms.
  2. The Freeze period must be for a minimum one (1) calendar week and weekly increments thereafter. Prior written notice must be given to CFA no later than 7 days prior to the first day of the Freeze period.
  3. Members with eligible memberships may request a ‘longer than entitled’ Freeze period. CFA is under no obligation to accept a ‘longer than entitled’ Freeze period and approval will be at the sole discretion of CFA Directors. Should the ‘longer than entitled’ Freeze period be granted, there will be a $75 Freeze fee payable. Prior written notice to CFA no later than 7 days prior to the first day of the Freeze period must be given. Regular billing will automatically resume upon the end of the Freeze period.
  4. There are no refunds for membership fees. I can choose to cancel my membership prior to completion of my contract with CFA by paying a Cancellation Fee equal to 15% of the outstanding amount left on my membership. This may be altered and/or waived at the sole discretion of CFA Directors.
  5. Members may cancel their memberships by notifying CFA in person and confirmed in writing no later than 7 days prior to the next Payment Date.
  • Participation Policy
  1. Refusal of entry or continuation to CFA Goods and Services if CFA’s Representatives (at their sole discretion) have deemed me not to be medically or physically fit to participate. However, CFA is not able to provide advice concerning medical fitness to undertake any exercise or activity and that it is my responsibility to seek medical advice in this regard.
  2. Refusal of my entry or continuation to CFA Goods and Services, if CFA’s Representatives have deemed (at their sole discretion) my behaviour to be unacceptable, unsafe or inappropriate.
  3. CFA may set operational rules for the effective running of CFA Goods and Services. Current key operational rules include (but not limited to):
    1. Class capacity – at present, classes are capped at 26 members unless CFA representatives deem it safe to exceed this number.
    2. Class check in – at present, members need to check in via Mindbody to classes prior to attending. Upon arrival in class, members need to sign in. CFA has the right to refuse entry to a class if you have not checked in online prior to arrival.
    3. Apparel – members are not allowed to wear open toed shoes and/or sandals for any CFA services. Please be respectful and wear appropriate clothing when training. No short and/or revealing apparel, low cut and revealing singlets. Shirts must be worn at all times.
  • Warning
  1. Participation in exercise can be inherently dangerous. I understand that CFA Goods and Services, will involve gymnastics, weight lifting, outdoor running, bodyweight and various highly strenuous activities on the body. It is my right as a member to refuse participation in any exercise if I do not want to perform them. I understand that accidents may happen which may result in me being injured or even killed. If I am feeling pain, discomfort, dizziness or over exertion in any way, I am to stop training and inform a CFA Representative immediately. I have read and understood this warning and voluntarily accept and assume the inherent risks in participating in any given exercise or exercise session
  2. Fitness to Participate: I am and will continue to be medically and physically fit and able to participate in exercise, subject to any pre-existing condition as disclosed in the Medical History questionnaire. I am not and will not be a danger to others or myself. I will immediately notify CFA in writing of any change to my fitness, health and ability to participate. Unless I notify CFA, I understand and accept that CFA will continue to rely upon this declaration as evidence of my fitness and ability to participate.
  • Medical Treatment

I consent and authorise CFA Representatives to administer or obtain medical assistance in the event of an accident or medical condition I may suffer whilst participating in CFA Goods and Services and agree to pay for any costs or expenses incurred by CFA in administering or obtaining such medical assistance.

  • Exclusion of Liability

To the extent permitted by law and while all reasonable care is taken, CFA and CFA Representatives cannot be held responsible and are excluded for all liability however arising (including liability for negligence) for direct, indirect or consequential loss, damage, injury, cost and expenses (including without limitation loss of revenue or profits, loss of business opportunity).

  • Statutory Guarantees Relating to the Supply of Services

Under the Competition and Consumer Act 2010 (Cth), we guarantee that our Goods and Services are:

  • Provided with due care and skill
  • Fit for any purpose you have told us you are using the Goods and Services for or for a result which you have told us you wish to achieve
  • Supplied within a reasonable time.

However, under certain legislative provisions, CFA may ask you to agree that these conditions do not apply to you. If you sign the Agreement, you will be agreeing that your rights to sue us are excluded, restricted or modified as set out in these terms and conditions. This applies if you are injured (including injury that results in death) because the Goods and Services were not rendered with due care and skill, or they were not reasonably fit for their purpose.

This change to your rights does not apply if your death or injury is due to our gross negligence. Gross negligence is defined in the Fair Trading (Recreational Services) Regulations 2004.

  • Release and Indemnity

To the extent permitted by law, I release and indemnify, and will keep indemnified, CFA and all of its Representatives in relation to all claims which I now, or at any time in the future may have against CFA, arising from or related in any way to the supply and my participation in CFA Goods and Services.

  • Privacy

CFA is committed to protecting your privacy and any personal information we collect. CFA complies with the Privacy Act 1988 (Cth). This policy explains how we may collect, use, disclose and otherwise handle personal and sensitive information. CFA committed to safeguarding personal privacy. Unless given consent to do otherwise, CFA will only collect and use personal information as set out below.

For the purposes of this Privacy Policy personal information means the following but is not exhaustive in its definition:

  • a member’s name, contact details, date of birth, emergency contact details, bank account and/or credit card details, student identification details, employment details, payment history and sensitive information.

For the purposes of this Privacy Policy sensitive information means the information a member has disclosed to us about their physical and mental health and well-being.

Collection of personal information

CFA will not collect or monitor any personal information about an individual without their consent. The only personal information collected is what is provided voluntarily by a member or prospective member.

CFA collects personal information primarily to enable us to provide members with our services. CFA may also use the information for marketing to you or for any other purpose permitted under the Privacy Act 1988 (Cth).

Collection of Sensitive Information

Sensitive information will only ever be used for providing services to members. Such information will not be used or disclosed for any other purposes without consent, except in exceptional cases when disclosure may be required by law or is necessary to protect the rights or property of CFA, or any member of the public, or to lessen a serious threat to a person’s health or safety. For the purposes of this Privacy Policy sensitive information is a subset of personal information.

Using and Disclosing your Personal Information

Personal Information will be used for the following primary purpose:

  • To fulfil obligations under a CFA’s member’s membership agreement and/or any other contract between him/her and CFA;
  • To render Goods and Services under a CFA’s member’s Membership Agreement;
  • To provide information about products, services, courses, fitness sessions, seminars and/or special offers to CFA members;
  • To obtain opinions or comments about products and/or services from CFA members;
  • To record statistical data for marketing analysis from CFA members.

CFA may employ other companies or service providers to assist us in providing our services, including (but not limited to) marketing, market research, mail-house services, hosting and product development services, analysis of member lists and/ or consulting services. These third parties may have access to personal information that is needed to perform their specific function. They cannot use that information for other purposes.

Storage and security of personal and/or sensitive information

CFA takes all reasonable steps to keep secure personal information recorded and to keep this information accurate and up to date. The personal information is stored electronically and in locked areas if in hardcopy format: CFA permits authorised CFA Representatives to access your information and information will only be disclosed to third parties where they have the appropriate authority.

I understand that the information I have provided is necessary for my participation in any CFA Goods and Services. I acknowledge and agree that the information will only be used by CFA to facilitate the conduct of CFA Goods and Services.  As part of my enrolment with CFA, I acknowledge that I may receive information from time to time about the Goods and Services. If I do not wish to receive such information from CFA, I will notify CFA in writing.

  • Photographs and Right to Use

Photographs or film may be taken and used by CFA for promotional purposes via social media and/or other mediums, without payment or compensation to me. Such photos are and will remain the property of CFA. By signing this Agreement, I allow CFA to use my image in promotional and other business- related material.

  • Assignment

CFA may assign or otherwise deal with this Agreement at its sole discretion. I cannot assign any rights under any agreement with CFA without prior written consent of CFA. This consent may not be unreasonably refused.

  • Jurisdiction

This agreement is subject to Australian law and is governed by the laws of New South Wales

  • Severability

If anything in this Agreement is unenforceable, illegal or void then it is severed and the rest of this Agreement remains in force.

  • Amendments

CFA reserves the right to solely change and/or amend these terms and conditions. This Agreement cannot be amended by me. If I do amend it my application will be null and void and cannot be accepted by CFA.

  • Information Provided is True and Correct

I have provided the information required overleaf and signed the form. I warrant that all information provided is true and correct.

  • Declaration

I have read, understood, acknowledge and agree to the above declaration including the Participation Policy, Exclusion of Liability, Release and Indemnity. I further agree that I have signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to me. I also certify and warrant that I am 18 years of age or older and mentally competent to enter this Agreement.

 

Signature: ___________________________________________

Name: ______________________________________________

Date: _______________________________________________

Consent

Where the applicant is under 18 years of age this Agreement must also be signed by the applicant’s parent or legal guardian.

I, _________________________________, am the parent or guardian of

__________________________________ [Applicant].

I expressly agree to be responsible for the applicant’s behaviour and confirm that I have read, understood, acknowledge and agree to the above declaration including the Participation Policy, Exclusion of Liability, Release and Indemnity. I further agree that I have signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to me. I also certify and warrant that I am 18 years of age or older and mentally competent to enter this Agreement.

Signature: ___________________________________________

Name: ______________________________________________

Date: _______________________________________________