Privacy and Conditions Page
1. Membership Agreement Terms, Conditions & Services
1. Elixr is a member of Fitness Australia and complies with the “NSW Fitness IndustryCode of Practice” (the “Code”). The Code has been made available to you and thismembership is offered under the provisions of the Code.
2. Elixr reserves the right to change conditions of Membership, hours of operation,services offered and all fees and charges, at any time, at its sole discretion and withoutprior notice to the Member. Any such changes will be notified to you through either anewsletter published from time to time, the website, notices in the club and/or mailing /emailing to your last known address.
3. You are bound by and have to uphold the “Rules and Regulations (Guidelines)”.You have been provided with a copy of the current Guidelines. The Guidelines may bechanged or updated by Elixr at any time at its sole discretion and without prior notice.
4. It is your responsibility to ensure that you correctly operate any club facilities orequipment. If you are in doubt as to how to correctly operate or use any club facilities orequipment, you must consult an Elixr staff member for assistance.
5. No one has made any representations (whether verbal or written) to induce you toenter this Agreement and that no verbal agreements or understandings have been madewith Elixr unless as set out in this Agreement.
6. You must inform Elixr of any change in your contact details, bank accounts or creditcard details for payment, or any other information relevant to your Membership.
7. You have been given the option of choosing a membership based on a fortnightly billingagreement.
8. Any free membership time/training cannot be applied towards membership minimumterm.
9. Membership tags must be presented at reception prior to entry into the club. Entrywill not be permitted without a current tag. Lost tags must be reported to reception forreplacement. A $10.00 fee will be charged for replacement of membership tags.
10. Guests of members will be charged a Casual Membership Fee and must complete theGuest Register on arrival at each visit.
11. On joining, a photograph of you is required to allow Elixr to verify your identity eachtime you enter the club.
12. Members of Elixr must also become members of the Eastern Suburbs Leagues Club(“Easts”) as a condition of using the Elixr facilities (which are situated on Easts property).There shall be no additional fee for membership of Easts as this has been included inyour Elixr membership. By signing the membership agreement, you are applying for andconsenting to become a member of Easts.
13. You will receive marketing correspondence via electronic transmission on regularbasis which may include (but not limited to) newsletters and promotional material. Youmay unsubscribe at any time.
Cooling off Period
14. Where you have entered into an Agreement for a Minimum Term, there is a seven (7) day Cooling-Off Period that begins on the (Join) date the agreement is signed, during which time you may terminate your Membership by delivering written notice to Elixr.The following charges will apply:
(a) The cost of services provided by Elixr to you during this Cooling Off Period, and
(b) An Administration Fee of $66.00.
15. Membership is limited to persons who are at least 14 years of age.
16. Members less than 16 years of age must be supervised by an adult when using club facilities. If you are under 16 years of age, your parent or guardian must complete your Pre-activity Readiness Questionnaire.
17. Time Freeze is granted on written application for MEDICAL, PREGNANCY and BUSINESS RELOCATION reasons for a minimum of two (2) consecutive weeks and fortnightly blocks thereafter up to a maximum of twenty-six (26) weeks within a 12 month period (based on membership effective date). The Freeze request must be accompanied by a doctor’s certificate (medical/pregnancy) or an employer’s letter (business relocation) at the time of the Freeze request. For all other reasons, Time Freeze is granted on written application for a minimum of two (2) weeks and fortnightly blocks thereafter up to a maximum of twelve (12) weeks.Requests for Time Freeze must be submitted to Elixr in writing no less than one (1) week prior to the commencement of the Freeze.Members may not train in the club during the period of their requested Time Freeze.A Time Freeze Fee of $10.00 per fortnight will be charged during any such Freeze period. Members with pre-paid memberships are required to settle Freeze Fees at the time of submitting their Request to Freeze. The Minimum Term Agreement will be extended by the period of the Time Freeze, therefore the member will be obliged to pay the minimum term agreement amount in addition to the Time Freeze period.Membership dues will be adjusted (pro-rata) for members returning to the club prior to the completion of their Time Freeze.Time freeze cannot be applied during free time periods received from marketing campaigns.
Cancellation of Membership
18. Your Membership may be cancelled by Elixr if you do not adhere to the Guidelines, or your behaviour in Elixr is not acceptable or for any other reason that the management of Elixr decides is appropriate. Elixr reserves the right to refuse future Membership to you in these circumstances.
19. Except where set out elsewhere in this Agreement, cancellation within the Minimum Membership Term is only permitted by payment of a departure fee based upon the remaining period of your Minimum Membership Term. If between $395 and $795 remains owing a total of $395 is payable. If >$795 remains owing a total of 50% of remaining Membership fees is payable.
20. The fortnightly debit automatically continues after the end of the Minimum Membership Term, unless your membership is cancelled four (4) weeks prior to the end of your Minimum Membership Term or anytime thereafter by notifying Elixr in writing of your intention to cancel. Membership will then be cancelled after two (2) further FULL fortnightly payments.
Transfer of Membership during minimum term
21. If you become unable to complete your Minimum Membership Term, you may transfer the Membership to a third party provided that an Administration Fee of $130 is paid. A minimum of six (6) debits must remain on your initial membership term and the third party must honour the remainder of the Minimum Membership Term, agreeing to be bound by the Terms and Conditions contained in this Agreement. You must notify Elixr in writing of any intention to transfer your Membership to a third party. A membership that has been transferred is non-transferrable.
Downgrading of Membership during minimum term
22. If you wish to downgrade your membership package, you will be required to complete a new membership agreement and commit to a new minimum term.
Sickness or Incapacity
23. If you become unable to use the club facilities by reason of permanent physical/medical incapacity, your membership will be cancelled immediately, provided that the incapacity is substantiated by a medical certificate from a qualified medical practitioner.Any cancellation will include the following charges;(a) The cost of Services already provided by the Club, and;(b) An Administration Fee of $66.00.
24. If you become unable to use the club facilities by reason of temporary physical/medical incapacity and provide a medical certificate from a qualified medical practitioner, you are entitled to Freeze your Membership for a minimum period of two (2) weeks up to a maximum period of twenty-six (26) weeks. However, you may not Freeze your Membership for a longer period than set out in the medical certificate. Your Membership will automatically recommence after the date you have specified in your written Request to Freeze, with no remaining Freeze facility available for any cause.
Personal Training and Therapist Services
25. From time to time, Elixr may avail licensees who offer services such as personal training, nutrition consultation and/or massage. Any claim you may have as a result of an act or failure to act by such a licensee (whether or not payment has been made to the licensee) will be brought against, and will be the responsibility of that licensee.You hereby release, indemnify and keep indemnified Elixr for any claim by you as a result of an act or omission by a licensee. You must notify Elixr immediately if you have a claim against a licensee. Elixr will at all times assist, where possible, to resolve any conflict or issues with licensees.
26. Personal trainers and therapists are available at Elixr and their services shall be taken up at your sole discretion.
Bookings and Appointments
27. If you are unable to attend a scheduled booking or appointment, a cancellation fee may apply. The fee will be added to your next scheduled membership debit.Programming - A $30.00 cancellation fee will apply to appointments missed or cancelled with less than twenty-four (24) hours notice.Yoga / Pilates / Real Fitness Kickboxing / Meditation courses - A $30.00 cancellation fee will be charged if less than seventy-two (72) hours notice is given.
28. If you are a full time student Elixr Health Clubs has provided you a preferential Student Membership Package. That preferential rate will remain as long as you are a full-time student, and provide Elixr with a current student card every calendar year by 31st March. If you cannot provide Elixr with a current student card your Membership fortnightly fees will automatically revert to the equivalent regular membership fees (offered to the general public) at that time. This Membership change will take effect as of the first scheduled fortnightly direct debit after 31st March each calendar year.
29. If you qualify for a preferential Student Membership Package you have a maximum of seven days from initial join date to provide Elixr Health Clubs with a current student card. Your membership joining and fortnightly fees will automatically revert to the equivalent regular membership fees (offer to the general public) if a current student card cannot be provided within this period.
30. Karmic Rewards are not applicable to all membership types.
31. You are required to complete a Pre-Exercise Questionnaire. You must notify Elixr of any change in your health and fitness so that your training regime can be appropriately modified. In the event of pregnancy, members must notify Elixr by completing a Pregnancy Authorisation to Exercise form and a Pregnancy Acknowledgement form before continuing to use the facilities.
32. Any advice and/or recommendation by an Elixr Fitness Instructor / Employee is not intended to constitute medical diagnosis or treatment, nor should it be relied on as a suggested course of medical treatment for a particular condition. If you are in doubt, you should obtain medical advice prior to commencing anyexercise program.
33. You must not use any Elixr facilities whilst suffering from any infections or contagious illness, disease or other ailment or whilst suffering from any physical ailment such as open cuts, sores, or minor infections where there is a risk (however small) to other members and guests.
Member’s Assumption of Risk
34. You are aware that the use of the premises and its facilities and yourparticipation in classes and programs conducted by Elixr may involve strenuous activity and special risks.
35. You warrant that you are physically able to participate in any classes/fitness program or use any club facilities in which you have chosen to participate, and have not been advised otherwise by your medical practitioner. You further warrant that you have no pre-existing medical condition that would otherwise prevent you from using the club facilities and/or participating in any classes/fitness program.You understand that you will be engaging in activities that may involve risk of personal injury or illness and which may also involve the risk of economic/property loss and damage. You also understand that there may be risks involved that are not known to you or to Elixr, or may not be foreseen or reasonably foreseeable at this time or at the time of using the club facilities or participating in the class/fitness program. You assume the foregoing risks including risk of any negligence by Elixr and its respective owners, directors, officers, employees or agents, and accept personal responsibility for any injury (including but not limited to personal injury and disability), illness, damage, loss, claim, liability or expense of any kind or nature, that you may suffer arising out of or in connection with the use of club facilities or participation in classes/fitness programs by you, or any minor/person under your supervision, care or control.
Limitation of Liability
36. In consideration of the grant of Membership to you, you hereby release and forever discharge Elixr from all actions, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs and expenses howsoever arising that you may have incurred arising from or in connection with your Membership and/or use of Elixr facilities and equipment, or from being on club premises to the fullest extent permitted by law and whether caused or contributed to (directly or indirectly) by any act of negligence, breach of duty or default/omission on the part of Elixr and its respective owners, directors, officers, employees or agents.
37. In consideration of the grant of membership to you, you agree that Elixr will not be liable for any loss, damage or theft of any of your (or your guest’s) property except where caused by the gross negligence of Elixr. Further, Elixr will not be liable for any death, personal injury or illness occurring on club premises or as a result of use of facilities or equipment, except to the extent that it arises from the gross negligence of Elixr and its respective owners, directors, officers, employees or agents.
38. A Fortnightly Membership Debit may be paid by a nominated bank account or credit card. Payments made by credit card will attract a credit card processing fee.
39. On each occasion that a scheduled fortnightly payment is declined for any reason,the Member gives permission to Elixr to charge a Payment Declined Fee. The currentdecline fee of $10.00 may change without prior notice.
40. Should any payments, fees or other debts remain due but unpaid from any source,Elixr may suspend the Member’s use of the Membership Services until all fees and otherdebts are paid in full. If payment is not received the Membership may be cancelled.Elixr engages the services of a Debt Collection agency to manage member accountswith an outstanding debt and reserves the right to invoke a reasonable AdministrationFee on overdue accounts.
41. All fees and charges are subject to Clause 2 of this Agreement.
42. If you have opted to pre-pay your entire membership fee, any renewals thereaftermust be for a minimum of 12 weeks and the payment must be received by Elixr beforethe membership expires.
43. SPECIFIC ACKNOWLEDGMENTS (All members undertaking fortnightly debitmembership payments must acknowledge and agree to the following.)
i. Your nominated bank account is debited on a fortnightly basis. The number of debitsand amount is determined by your Minimum Term at the club.
ii. Your Membership will continue after the Minimum Term, until you cancel yourmembership by providing Elixr with four (4) weeks written notice. Membership will thenbe cancelled after two (2) further full fortnightly debits.
iii. On joining you are required to pay a Joining Fee.
iv. Whenever a payment is declined or returned unpaid, the outstanding amount,together with an Administration Fee will be charged to you.
v. PAYMENTS WILL CONTINUE TO BE DEBITED AFTER THE MINIMUM TERM UNTIL THEMEMBERSHIP IS CANCELLED BY YOU IN WRITING. YOU WILL BE NOTIFIED OF THEDATE THE DEBITS WILL CEASE WHEN THE CANCELLATION REQUEST IS RECEIVED ANDAPPROVED BY ELIXR
current as at 24th April 2013
2.1 Code of Conduct
The Code of Conduct must be adhered to by Members to maintain a safe and enjoyableenvironment. Members should respect the health and safety of each other while on theclub premises and must comply with Occupational Health and Safety requirements ofthe club. Any internal signage displayed around the club forms part of the Membership Rules and Regulations and should be treated as part of the Code of Conduct. If amember is seen to be in breach of the Code of Conduct or Rules and Regulations,management reserves the right to terminate the membership and take further action ifdeemed appropriate.
2.2 Damage to Property
Any member who causes damage to equipment or any property of Elixr will be heldliable for damages. Members will be held responsible for damage caused by childrenor guests.
2.3 Dress Code
Members must wear covered training shoes in any cardio and weight training areas of the club and be suitably clothed at all times for safety and hygiene reasons.
All equipment must be returned after use in all areas of the club, in particular the returnof free weights and benches. If participating in Group Exercise Classes in the studios,any equipment used must be replaced.
2.5 Guests of members
Guests may enter the club premises on payment of a Casual Membership Fee, and oncompletion of the club’s Guest Register and a Pre-activity Readiness Questionnaire.Guests are subject to the Code of Conduct and the Guidelines, as notified from time to time on the Guest Register. All guests must be at least 14 years of age, be accompanied by you,and leave the club at the same time as you do. A reference to members in this document include their guests.
2.6 Hygiene and Cleanliness
A clean sweat towel must be used at all times while training at the club (including classesand on mats). Members must wipe down all equipment after use.
Lockers are provided for use ONLY while the member is training in the club, and are usedat the member’s own risk. While all care is taken, Elixr will not be held liable for any loss,damage or theft of belongings placed in lockers or brought on the premises. If a pin codecannot be remembered or locker number cannot be identified, belongings cannot beretrieved until the close of the club on the same day. Unclaimed property will be kept for 14days and thereafter donated to charity.
Members and their guests acknowledge that the club premises are a non-smokingenvironment.StudiosMembers are only permitted to access studios under the supervision of an Elixr instructor ortrainer.
2.10 Steam Rooms
Members must shower before use. Children under the age of 14 years, pregnant women andindividuals with high blood pressure should not use the steam rooms. Glass bottles and foodare prohibited. Members must be suitably clothed or wearing a towel while in steam rooms.
2.11 Swimming Pool (where applicable)
Members must shower before using the pool and wear a swimming cap at all times whileusing the pool. Food and drinks are not permitted in the pool area. Diving is not permitted.Lane direction and restrictions when lap swimming must be adhered to. The pool isunsupervised, hence children under the age of 14 must have adult supervision at all times.No running, diving or jumping is permitted in the pool area. Children may only use the poolwhen taking part in a supervised swimming lesson with an Elixr instructor.
The Rules and Regulations, and the interpretation thereof, are subject to change atmanagement discretion. Members should ensure that they are familiar with the currentRules and Regulations applicable at any time.
current as at 1st November 2012
3.1 Elixr Health Clubs provides access to this site free of charge to provide information about Elixr Health Clubs, its capabilities and the services it provides clients. The sole authorised use of the site is to obtain information about Elixr Health Clubs and no other use is permitted.
3.2 Copyright in all material on this site is owned by Elixr Health Clubs or its clients; copyright in the compilation of all materials on this site is owned by Elixr Health Clubs.
No materials on this site may be reproduced, altered or further distributed without Elixr Health Clubs prior written permission.
3.3 All trade names, trademarks, service marks, logos and trade styles on this site are owned by Elixr Health Clubs or its clients. Proper use is limited to use in connection with the products and services of the mark owner and no other use is permitted without the owner’s prior written permission.
3.4 Elixr Health Clubs may collect and store personally identifiable information about persons who visit this site and voluntarily submit information in contacting Elixr Health Clubs. Elixr Health Clubs may also collect and store aggregate or anonymous information about user contact with and use of the site. We may use the information to contact you about our products and services or those of our clients from time to time. You may ask us to delete any information about you and cease further contact at any time by sending us a request marked “Privacy-Urgent”, address as follows: email@example.com
3.5 Elixr Health Clubs’ policy is not to accept or consider any unsolicited ideas or materials of any kind. Do NOT submit any such materials at any time. If you violate this prohibition, we reserve the right to consider all materials submitted as non-confidential and free of any claims of proprietary or personal rights. Such material and all rights will be our property, free and clear of any claims by you or others, and we will be able to use them for any purpose, including advertising and promotion, without compensation or any other obligations to anyone, including you.
3.6 Elixr Health Clubs assumes no responsibility for the security of this site or your communications with the site. It is strictly prohibited to link other sites with this site without Elixr Health Clubs prior written permission. We may permit some links for convenience, but Elixr Health Clubs has no responsibility for the unaffiliated sites to which it is linked or for material posted to this site by anyone other than Elixr Health Clubs.
3.7 It is strictly prohibited to use or contact this site to disrupt or damage the site, its contents or its security measures or to harass or disparage Elixr Health Clubs or its clients or their respective products or services or personnel. No unsolicited email (spam) may be directed to or through this site.
3.8 If you believe that any material on this site, whether posted by us or by third parties, violates the copyrights or other rights of third parties, please contact us with complete details at firstname.lastname@example.org so that we can make an informed decision about possible deletion.
3.9 This site is offered as is and without warranties of any kind. Elixr Health Clubs disclaims the implied warranties of merchantability and fitness for a specific purpose as well as title or non-infringement. We are not responsible for timeliness, accuracy, unavailability or interruptions in availability, viruses or other defects in the site or its contents. In no event shall Elixr Health Clubs be responsible for any damages to users or their computer systems or otherwise, even if Elixr Health Clubs has been informed of the possibility of such damages and without regard to negligence.
3.10 This site is offered in the English language and is intended for use in Australia. If you require information in other languages about Elixr Health Clubs, please contact us at email@example.com
3.11 Elixr Health Clubs’ support office is located in Sydney. This site as well as these rules are subject to the laws of Australia, regardless of the location of the user, and any claims of any kind must be filed in the courts located in Australia.
3.12 Use of this site is subject to these rules and all of the foregoing terms and conditions which you as user accept by contacting and using this site and which govern all use and all results thereof.
3.13 Elixr Health Clubs reserves the right to revise and update these rules at any time, effective on the date of posting to the site of the new and amended rules by Elixr Health Clubs or its clients; copyright in the compilation of all materials on this site is owned by Elixr Health Clubs. No materials on this site may be reproduced, altered or further distributed without Elixr Health Clubs prior written permission.
Copyright Elixr Health Clubs 2010. All rights reserved.