Terms and Conditions
General Terms and Conditions
terms and conditions relate to the operation and function of Australian Fitness
Management Pty Ltd, an Australian registered company and the Global Franchisor
of Plus Fitness as well as its International Master Franchisees, Franchisees,
subsidiaries, affiliates, and associated companies (Plus Fitness) regardless of
their location in the world.
Nothing in these terms and conditions, limit any rights you may have under the Trade Practices Act, Fair Trading Act, any other Commonwealth or State Legislation or any other such laws in the region where the Plus Fitness you attend is located or the region referenced by the Plus Fitness website.
Any terms or conditions that create an inconsistency with any legislation are considered void to the extent of the inconsistency.
This agreement applies to all customers who make a purchase either in a Plus Fitness gym or via a Plus Fitness website, or any website that has Plus Fitness products on it and refers to these terms and conditions, or any other avenue that Plus Fitness uses for retail purposes provided the other avenue refers to these terms and conditions. Plus Fitness has no obligation to issue a ‘tax invoice’ unless the customer requests one or it is the law within the region where the Plus Fitness I located.
Plus Fitness is not liable for any of its products that have been on-sold by a customer to a third party.
Website Terms and Conditions
The content of the pages of this website are for your general information and use only. All content is subject to change without notice.
Neither Plus Fitness nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found on this website. Where we, Plus Fitness, make our best endeavors to avoid errors, you acknowledge that such information on this website may from time to time contain inaccuracies and we expressly exclude liability for any such situation where this may occur.
Your use of any information or materials on this website is entirely at your own risk, for which Plus Fitness shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to Plus Fitness. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
use of this website may give rise to a claim for damages and/or be a criminal
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that Plus Fitness endorses the website(s). Plus Fitness has no responsibility for the content of any linked website(s).
You may not create a link to this website from another website or document without prior written consent .
Membership Terms and Conditions – Plus Fitness New Zealand
a. “Agreement” means this Membership Agreement, including the Schedule, Terms and Conditions and any recitals or annexures;
b. “Club”, “we” or “our” means the Plus Fitness 24/7 club set out in item A of the Schedule;
c. “Commencement Date” means the date that this Agreement and your Membership commences, as set out in item C of the Schedule;
d. “Facilities” means the gym equipment, machinery, amenities, access card and other facilities available at the Club;
e. “Fees” means the fees payable by you to join and participate in the Membership;
f. “Franchisor” means Australian Fitness Management Pty Ltd ACN 126 140 18;
g. “Youth Member” means a Member between the age of 14 and 15 years old;
h. “Junior member” means a Member between the age of 8 and 13 years old;
i. “Member” or “You” means the person entering into this Agreement and joining the Membership, as specified in item B of the Schedule;
j. “Membership” means your membership with the Club, being the type specified in Item C of the Schedule;
k. “Parent/Guardian” means the lawful parent or guardian of a Junior, Youth Member or under 18;
l. “Related Entities” means the Franchisor and any other club in the “Plus Fitness 24/7” group, including other franchisees;
m. “Schedule” means the schedule to this Agreement;
n. “Services” means classes, programs and other health and fitness services at the Club;
o. “Term” means the term of this Agreement, as set out in Item C of the Schedule;
p. “Terms and Conditions” means these terms and conditions;
q. “Time Hold” means your Membership is placed on temporary hold, in accordance with clause 7(e).
r. “Home Club”- References the club set out in item A of the Schedule, if your membership is transferred as per item 8.c your new branch will be referenced as your new “home club”.
2. Binding Agreement
a. Subject to clause 3, you acknowledge and agree that by signing this Agreement, you have entered into a legally binding agreement with us.
b. As such, you should seek independent advice and/or let us know if you have any queries relating to this Agreement prior to signing.
a. You may cancel your Membership any time before close of business on the seventh (7th) day following the Commencement Date. For security and identification purposes, cancellation must be completed in-person at the Club.
b. If you exercises your cooling-off rights under clause 3(a), we will refund all fees already paid by you excluding the Access Card Fee and any other fees for services provided.
4. Provision of Services
a. In consideration for payment of the Fees, we agree to provide you with access to the Facilities and the Services during the Term.
b. Some Services, such as personal training services, are excluded from the Membership and may require payment of additional fees as offered by the relevant provider.
c. Your safety is important to us, and as such, we will use our best endeavours to ensure that the Facilities and the Services are safe, hygienic and secure.
d. If at any time you become aware of an issue with the Facilities or the Services, please notify us immediately.
f. The Facilities and the Services offered by us are subject to change from time to time without notice to you (provided that such Facilities and Services will be of no less quality than provided as at the Commencement Date, subject to fair wear and tear).
g. Some membership types may have restricted access or hours of usage. It is your responsibility to check with your club what restrictions your membership has regarding access
5. Your obligations
a. You agree to, at all times, abide by the rules of conduct, behaviour, dress code and other policies or rules in place detailed in the “Plus Fitness Welcome Booklet” and/or displayed in the Club.
b. You must not permit any other person to enter the Club or to use the Facilities and Services, whether a member or not, without our prior consent. We may charge you a fee of $250 for a breach of this clause, which will be automatically charged using your payment details provided, and may immediately cancel or suspend your Membership in our discretion.
c. You must not intentionally activate any duress buttons or signals without having reasonable cause to do so. We may charge you a fee of $250 for a breach of this clause, which will be automatically charged using your payment details provided, and may immediately cancel or suspend your Membership in our discretion.
d. You must notify us if your contact details change.
6. Age Restrictions
a. Except as otherwise specified in this Agreement, you acknowledge and agree that under no circumstances are you permitted to bring children into the Club nor are you permitted to leave children unattended in the Club. We shall not be liable to you in any manner for any injury, loss or damage sustained as a result of your failure to comply with this clause and you agree to indemnify us and hold us harmless for any loss and damage we may suffer as a result of your breach of this clause.
b. If you are a Junior or Youth Member, you and your Parent/Guardian both agree to sign and be bound by this Agreement and at all times comply with our “Membership Age Policy and Children In Gym Policy”, as varied from time to time.
7. Termination and Membership
a. After the Term, this Agreement will continue until terminated by you.
b. Payments will continue until notified. You may terminate this agreement by providing us with 14 days written notice (1 final payment). For security and identification purposes, termination must be completed in club by completing a ‘Plus Fitness cancellation form’. This must be done at your current Plus Fitness home club if the member has been transferred due to usage.
c. You may also terminate this Agreement at any time for medical reasons, on presentation of a medical certificate.
d. You acknowledge and agree that, except as otherwise set out in this Agreement or as required by law, all Fees are non-refundable upon termination of this Agreement and your failure to use the Facilities and Services does not allow for early termination of this Agreement nor does it warrant a refund of any type. You further acknowledge and agree that failure to use the Facilities and Services does not affect any of the terms of this Agreement and we are in no way responsible for your level of usage nor is it our responsibility to notify you of your usage at any stage.
f. If you breach any term of this Agreement or act in a way we deem inappropriate, we may suspend or cancel your Membership or restrict your access to the Club. If any such breach causes us or another person costs, loss or damage, you agree to be wholly liable for these.
g. You recognise that your access card or key fob is non refundable on cancelling your membership and that you must purchase a new access card or key fob if you lose or damage the one purchased by you or supplied to you at the time of joining.
8. Time Hold and Transfers
a. You may put your Membership on Time Hold for a minimum period of two (2) weeks (1 payment) and a maximum period of three months (6 payments) in each year. Each year commences on the anniversary of your Commencement Date. Requests for Time Hold must be completed in-person at the Club. Your Time Hold will commence from the date your next direct debit payment would have been due.
b. You may transfer your Membership to another person for the balance of the Term with our prior consent. This must be done in-person at the Club.
c. If your Membership permits the use of any other Plus Fitness club and your visits exceed 60% at any other club in any given month, or any other period, your Membership may be transferred to that club. If your Membership is transferred to another club, your Fees may be varied to reflect those which are applicable at the other club. In this instance the club your Membership is transferred to will be known as your ‘home club’.
d. If our Club closes for any reason, whether temporarily or permanently, your Membership will be automatically transferred to the other nearest Plus Fitness 24/7 club (but only for the period of the closure if the closure is temporary). Should you wish to cancel your Membership because of the relocation, please let us know in-person at the Club.
e. If your Membership is not our standard Membership, such as Junior, Youth or Off Peak member, or any other Membership type, and your circumstances change so that you are no longer eligible for this Membership type, then your Membership will be changed to our standard Membership and the Fees payable under this Membership will become applicable. You will be notified of any change to your Membership via SMS or email using the details provided by you.
9. Security Surveillance
a. You acknowledge that the Club uses CCTV surveillance (in most cases, 24 hours a day) at the Club premises (except in bathrooms) and may have remote video or other guarding services.
b. This system is used for security purposes but does not guarantee against harm.
10. Limitation of Liability
a. You acknowledge and recognise the inherent risks of injury or ill health resulting from use of the Facilities and Services and participation in exercise generally. It is recommended that you seek medical advice prior to commencing any exercise program.
b. To the extent permitted by law, you agree to release and indemnify us and our Related Entities for any loss or damage suffered by you in respect of any incident arising out of injury, loss, damage or death caused to you or your property in any way whatsoever, except arising out of our reckless conduct.
c. You agree that you use the Facilities and Services at your own risk and responsibility whether supervised or not by staff.
a. We take your privacy seriously. We do not pass your information onto any other business. If you do not wish to receive email, SMS or mail correspondence from us regarding your Membership, special offers or promotions then please send us an email or letter confirming that you wish to unsubscribe from such methods of communication.
12. Direct Debit Request Service Agreement
a. You acknowledge and agree that direct debit payments are managed and debited on behalf of us by a third party billing agent, PaySmart Pty Ltd ACN 117 597 010 AR No. 409047 (PaySmart).
b. You acknowledge and agree that the Fees are reviewed periodically and may increase. This is regardless of the Fees payable when you entered into this Agreement or the Term (unless you have pre-paid in advance). You will be notified a minimum of 30 days prior to any such Fee increase by way of signage displayed within the Club.
c. It is your responsibility to ensure cleared funds are available in your nominated bank account or credit card to meet the direct debit payment. If a debit is returned unpaid by your financial institution, you will be responsible for payment of the debit plus an additional $15.90 for return fees and administrative costs incurred by PaySmart. If PaySmart has not received instruction to the contrary from you, we will debit both the next due payment and any overdue amounts on your next scheduled debit date.
d. You acknowledge and agree that:
PaySmart is entitled to store your personal information (whether received by you, the Club or otherwise on its systems) and use it for the purposes of administering this Agreement, providing its products and services, or offering alternative products and services;
you have rights of access to, and correction of, your personal information under the Privacy Act 1988; and
PaySmart (or the Club) may contact you for any purpose related to the provision of its products and services.
e. You authorise PaySmart to notify any debt collection or credit reporting agency upon default by you in meeting your payment obligations under this Agreement.
f. You agree to immediately pay the full outstanding balance of the remainder of the payments due, including any current arrears, should a default occur prior to this Agreement and your direct debits terminating.
g. You may be liable for any costs associated with the recovery of your overdue account, this may include, but is not limited to the following; legal fees, interest and mercantile agency collection cost.
h. When a debit day falls on a weekend and/or a national public holiday all debits for that weekend or national public holiday will be processed on the immediately preceding business day. If unsure, you should contact PaySmart.
i. This authority shall stand pursuant to the terms and conditions of this Agreement with the Club. The administration only of this authority is conducted by PaySmart, acting as a billing agent for us. The services provided by PaySmart are administrative only and do not extend to the provision of any services or benefits provided by us.
j. Direct debit may not be available on all bank accounts. You are advised to check your account details against a recent statement from your financial institution. If uncertain you should check with your financial institution before completing the Direct Debit Authority.
k. All enquiries in relation to refunds must be directed to the Club.
l. PaySmart will communicate with you from time to time. To ensure communication reaches you, it is important PaySmart is supplied with a valid email address and mobile phone number. Failure to supply a valid email address and a mobile phone number will prevent PaySmart from contacting you regarding important information concerning your account.
m. In signing this Agreement, you acknowledge that you have read and accept the conditions outlined in PaySmart’s Product Disclosure Statement (PDS) in its entirety. PaySmart will email the PDS to you, and, if this is not received, you acknowledge that you have accessed, read and understood the PDS on the PaySmart website: www.paysmart.com.au.
Please submit any complaints via email to [email protected]. Please include all detail relating to your complaint. We will do all that is reasonably and practicably possible to assess the merits of the complaint and respond within a reasonable timeframe.
Your use of this website, any Plus Fitness gym or facility and any dispute arising from such use is subject to the laws of New Zealand.
Any Current Notices
Plus Fitness would like to advise both its existing and new members that any historical reference to "no contracts" in regards to memberships is intended to read "no lock in contracts". All members are required to enter into a Membership Agreement however there is no minimum term as members are free to cancel their membership at any time with 14 days prior notice. Please refer to the terms of the Membership Agreement which can be obtained at your nearest Plus Fitness gym as well as on this webpage.
As of the 1st January 2020 the failed direct debit payment Return Fee charged by PaySmart (Billing Company) will increase from $15.00 to $15.90. Please refer to the terms of the Membership Agreement which can be obtained at your nearest Plus Fitness gym as well as on this webpage for the full terms of your membership. Please note, it is the members responsibility to ensure cleared funds are available in thier nominated bank account or credit card to meet any direct debit payment. If a debit is returned unpaid by your financial institution, you will be responsible for payment of the debit plus an additional $15.90 for return fees and administrative costs incurred by PaySmart.
Any Current National Promotions Terms and Conditions
Your Local Gym National Promotion
1. New members may join a participating Plus Fitness 24/7 gym (“Participating Location”) for a 75% reduction in the standard joining fee resulting in a joining fee cost of $25.00 (the “Offer”). A new member means an individual who does not have an existing membership with any Plus Fitness 24/7 gym.
2. Further standard fees may be payable on joining, which vary according to Participating Locations. For a full list of applicable fees, please contact the Participating Location.
3. The Offer is only available to new members who pay ongoing fees by direct debit.
4. The Offer is conditional on the new member entering into the standard Plus Fitness Membership Agreement.
5. The Offer is not to be used in conjunction with any other offer, unless otherwise specified.
6. The Offer is not transferrable or exchangeable and cannot be redeemed for cash, credit or products.
7. One Offer only per new member.
8. Subject to applicable laws, the Offer may be varied, updated or terminated at any time.
9. See www.plusfitness.com.au for a list of Participating Locations or contact your local Plus Fitness to determine whether they are participating.
10. Offer commences on 1st August 2020 and ends on 30th August 2020.