Terms and Conditions:
1. Orientation: You may be required to participate in member orientation to familiarise you with the facilities and services before you use them.
2. Proper use of equipment: You promise to take care to use the facilities and services safely and properly if you are ever not sure how to operate any equipment properly you agree to ask centre staff first.
3. Centre Rules: Centre rules apply to everyone using the facilities and services. They are usually displayed in the centre.
a) If you break any of the centre rules, we will respond in a way we consider fair and appropriate. For example, in less serious rules, we may give you a warning but in serious cases or where you have repeatedly broken centre rules we may suspend or cancel your membership. If your breach causes us or another person costs, loss or damages you
agree to pay for these.
b) Illegal performance enhancing or other illicit substances: You acknowledge that the
distribution or use of illegal or performance enhancing drugs is prohibited.
c) Commercial activity: You acknowledge that engaging in any commercial or business activities
in the centre, such as offering training services or selling goods in the centre is prohibited unless we grant you written permission to do so, If we do give you written permission, we can revoke this at any time.
d) Action for risky or inappropriate conduct: If you behave in risky or seriously inappropriate
way, for example if you threaten, or harass others, damage equipment, distribute or use illicit substances, or consult with other members without or authorisations appropriate action will be taken. For example, your membership may be immediately suspended or cancelled. (with a cancellation fee potentially applying), you may be banned from joining any centre and/or we may refer the matter to appropriate authorities. If your conduct causes us or another person costs, loss or damages you agree to pay for these.
Security:
4. 24 Hour CCTV cameras: Centre premises have CCTV security cameras recording 24-hours a day (except in bathrooms) and may have remote video guarding services. This system is used for security purposes but does not guarantee against harm. You should contact the centre if you have questions on this.
5. Emergencies: Centres may also have emergency or crisis response procedure displayed which must be followed in emergencies.
6. Be cautious: You must be cautious when entering, leaving a centre or using the centre.
7. Following directions: You agree to follow any reasonable direction of centre staff relating to health, safety or security matters or related matters.
Our liability to you
8. Statutory guarantees
a) Under the ACL we guarantee that the services we supply are provided with due care and skill.
b) Are reasonably fit for any purpose you have told us you are using the services for or told us you wish to achieve, and or
c) Under certain legislative provisions, however we can ask you to accept some limitations
to the ACL guarantees
d) Are supplied in a reasonable time.
e) Under certain legislative provisions, however we can ask you to accept some limitations
to the ACL guarantees.
f) If you sign this agreement, you agree, to the extent allowed by section 139A of the
CCA, to exclude or modify our liability to you for death or injury from failure to comply with ACL guarantees.
g) This exclusion does not apply if your death or injury is caused by our ‘reckless conduct’
(as defined by the CCA)
9. State based notices: Victoria only: The ACL exclusion notice ‘warning, under the ACL
and fair-trading act 2012’ applies if attached to this agreement and signed by you.
10. Other implied terms: Nothing in this agreement excludes, restricts or modifies any terms, conditions, warranties, guarantees, rights, or remedies which cannot lawfully be excluded, restricted or modified. Otherwise unless expressly included in this agreement, all implied terms, conditions, warranties, guarantees, rights or remedies that
can be lawfully excluded, in particular. We are not liable for death or injury caused by out negligence or breach of implied terms that services will be provided with reasonable care and skill at common law. This does not exclude our liability for reckless
conduct.
1. Your personal information: From when you apply for membership, you will need to provide
us with, and we will have access to person information about you, including information relating to your health and finances.
2. General consent: By signing this agreement, you consent to us collecting, using, disclosing and dealing with your personal information in accordance with our privacy policy. You can access out privacy policy at
www.balnea.au
3. Up to date contact information: You must tell us promptly if you change your contact or payment details or if there is a change to other relevant personal information, including anything that may affect health or safety.
4. Consent to use your image: You understand that photos, films or audio recordings are sometimes taken of members for promotional purposes. Your permission will first be obtained if this is done. By signing this agreement, you agree to allow your image, recording or likeness to be used for any legitimate purpose by us or by Balnea sauna and recovery.
you assign your rights in any of these materials to Balnea sauna and recovery.
Other:
1. As noted in clause 5, CCTV camera recording is used in centres (except in bathrooms).
a) Members and guests are not allowed to take photos and/or videos in centres unless
specific permission is granted by Tom Williams PTY LTD T/A Balnea Sauna & Recovery.
Membership Conditions:
2. Pro-rata fee: If you pay by direct debit and your start date begins after the first day of the relevant direct debit payment period, you will only be charged the applicable portion of the direct debit amount. The same applies if you have a fixed term agreement and the direct debit payment period ends after the last day of the agreement.
3. Membership fees: If this is a fixed term agreement you can pre-pay your membership fees (Pay them up front) when you sign this agreement, or you can elect to pay by equal periodic instalments provided this option is available in our centre.
a) If this is an ongoing agreement, you must pay membership fees periodically in advance until your agreement ends.
4. Cancellation fee: a cancellation fee is payable if you want to cancel your membership for your convenience in the minimum term. It is an amount equal to 50% of the balance of your membership fees for the remainder of the minimum term or a sum equal to 30 days membership fees (whatever is higher).
b) A cancellation fee may (at our reasonable discretion) also be payable by you if your
membership is ended by us.
5. If you do not pay a fee when due: If you do not pay a fee or other amount you owe when due, we can suspend your membership until all amount have been paid. This is in addition to our other rights under this agreement. Other consequences may apply with respect to late or rejected direct debit payments.
6. Fee increases: During the minimum term your membership fees will not be increased
(except in the case of a transfer of membership) other fees however, may be varied.
a) After the minimum term all fees may be increased.
b) We will make reasonable effort to tell you of any fee changes.
c) If your fees are varied, you authorise any debits from your nominated account to also
be varied.
7. Refunds and the credit code: We can deduct all fees and charges that you must pay
under this agreement from any refund we give you.
Direct Debit:
8. Direct debit payment agreement: If you pay any fees, including ongoing membership
fees, by direct debit, then this will be through our biller (not us).
a) You will be provided with a copy of direct debit payment agreement of the biller which
applied to any direct debit services, the direct debit payment agreement, which we are not a party to, is entirely separate to this agreement.
9. Authority and deducted fees: 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 agreement. You must keep your account details up to date Late or rejected direct debit payments:
a) You must ensure there is enough money in your nominated account on the usual payment,
or the. Next working day if that falls on a day when banks do not process payments.
b) If there in not enough money in your nominated account on the usual payment day, or there is another reason that your account was unable to be debited (expect within the billers control), you will be charged the billers administration fee. This will be added to your debit amount. Prior arrears may also be included.
c) You authorise our biller to deduct any unpaid arrears outstanding on your account.
d) Your bank or credit provider may charge you a fee for over drawing your account if you do not have enough money in your account when payment is due.
Other:
10. There may be other services, including personal training services, offered at centres by us, contractors, licensees and others which are offered separately and/or in addition to services provided under this agreement. You will need to pay applicable fees directly to the providers of the services and agree to sperate terms and conditions.
11. We are not responsible for these third party provided services including feed or any associates costs claims or refunds, unless they are provided by us.
Changes to your agreement:
12. We may sometimes make changes to this agreement, including centre rules. If we do this, we will try to do this fairly and by giving you a chance to cancel your membership if you are adversely affected by the change and do not agree to it.
13. We will make reasonable efforts to tell you of any change in advance and when it will take effect. Subject to other terms, the effective date will generally be at least 30 days from the date we tell you about the change unless it is not practical for us to tell you at the time. Your membership will be amended from the effective date.
14. You cannot cancel under this clause in the case of a transfer of your membership or if we have to make the change to comply with a law or a direction of a relevant authority