Terms & Conditions

PLEASE READ CAREFULLY BEFORE ACCEPTANCE.

Before you accept your membership agreement, please take the time to read it carefully, it outlines your rights and obligations as a Spring Into Fitness member. Only accept your membership agreement if you understand and agree to all of the terms and conditions of this agreement. By accepting your membership agreement, you agree you were given a copy of the Membership Terms and Conditions and you read through these Terms and Conditions prior to accepting your membership agreement.

Fees – "Administration Fees" means the fees payable for processing your membership. "Cancellation Fee" means the fee for terminating your agreement other than the cooling off period or because of your physical incapacity or permanent sickness. "Membership Fee" means the fees paid by you to allow you access to use the facilities and services stipulated in the agreement. "Unpaid Fees" means the fees stipulated in your membership agreement that you have not paid. All fees are taken in advance. Dishonour Fee – The fee payable to our financial institution for unsuccessful payments

Your Entitlements – (Facilities & Services) – You are entitled to use the facilities and services at Spring Into Fitness as stipulated by your membership agreement.

Freezing Your Membership (Not Applicable to TFW) – No fee applicable to all members outside their initial 12-month contractual term. Freeze requests can only be approved for medical or travel reasons, proof is required. You may freeze your membership for a minimum of 2 weeks, and a maximum of 3 months in any 12-month period. For all members within their 12-month contract, the freeze period chosen will extend the end date of the contract by the period frozen. A 7-day notice period is required prior to the proposed freeze date.

It is essential that written notice of termination is given to Spring Into Fitness (a cancellation of membership form must be completed) before the end of the 48 hour cooling-off period in order for the cancellation to be effective.

Your obligation – You agree to:

• Inform us in writing if there is a risk to your health if you participate in our fitness services and exercise programs; Pay all agreed fees; Ensure sufficient funds are available to cover your fees; Spring Into Fitness are not liable for bank charges for automatic payment attempts with insufficient funds in your account. Ensure credit card and account details are up to date.

• Use of an individual towel always whilst exercising in all areas of the gym

• Wear safe fully enclosed footwear & suitable clothing; Use of inners is compulsory when using supplied gloves. Gloves & shoes must be always worn when using boxing equipment. Return all equipment to its place of storage.

• Conduct yourself in a manner acceptable to Spring Into Fitness; Comply with any reasonable request from Spring Into Fitness personnel; Comply with notices displayed around the gym;

Memberships - All weekly memberships have a 2 week minimum term.

Special Risks – I hereby represent to Spring Into Fitness, its management, associated companies, trusts, partnerships and other legal entities, their directors, officers, employees, agents and affiliates that I am physically capable of and there is no medical reason to prevent me from proceeding with the use of the club facilities without endangering my health. Please note that exercise can be physically demanding and potentially dangerous. The equipment provided for your exercise can also be a hazard to your health if it is not used in the manner as instructed. A condition of your membership is that you acknowledge and agree that: – You use club facilities and participate in club activities at your sole risk and responsibility; you will not use the facilities and services if you are not medically or emotionally fit to do so. Spring Into Fitness, its employees and agents are not responsible for any injury or death caused to you or loss or damage caused to your property. You will not bring any claim against Spring Into Fitness, its employees or agents in the event you sustain any personal injury or suffer any property damage or loss when attending the club. You will indemnify Spring Into Fitness for any liability, loss or damage that you or any other person suffers as a result of your misconduct, bad faith or negligence.

Covid-19 – In relation to Covid-19 I hearby agree to the following,

•If you are unwell you must not enter the gym and stay home

•If you test positive for Covid you will not be allowed back in the gym until a negative test result is returned

•Towel must be used at all times

Assignment – Spring Into Fitness may assign or transfer its rights and interests in this agreement.

Complaints / Feedback Procedure – If you believe we have not met your expectations in some way and wish to lodge a complaint please adopt the following protocol: If you have a concern or complaint, please lodge your complaint in writing addressed to the manager. Spring Into Fitness will endeavour to resolve the complaint as quickly as possible. A response to your complaint will be issued within a maximum of seven days.

Payment plans - If a direct debit plan is in place membership fees will continue to be debited from your credit card or bank account until you formally request in writing, giving 14 days minimum notice to Spring Into Fitness of your intention to cancel your membership agreement or Spring Into Fitness cancels your membership. If you terminate this agreement or stop the automatic debit arrangement in a manner that is not described in this agreement, you are liable to Spring Into Fitness for all outstanding payments. All payments are taken in advance. If within contract, cancellation fees apply.

Late Payments – If any due payments are not received by Spring Into Fitness on the due date, you agree to pay Spring Into Fitness all costs incurred associated with the collection of these payments. If payments are overdue by 1 month the balance payable in respect of your membership or package agreement is due and payable in full.

Special Fees & Conditions – All upfront memberships are non-transferable and non-refundable. Cancellation policies only apply to direct debit. Failure to cancel or attend a class may result in you being charged.

Assumption of Risk / Injury and waiver of Claims – I acknowledge that I will not hold the club responsible for and the club hereby excludes, to the extent permitted by law, all liability for any personal injury or damage whether direct, indirect, special or consequential suffered by me or loss of property by me while I am on the club premises or arising in any way out of the use of the facilities and equipment provided by Spring Into Fitness, however that injury, damage or loss is caused, including if it is caused by negligence of the club. I acknowledge that the club gives no warranties in respect of the facilities and equipment it provides. I hereby release and will indemnify and keep indemnified the club for any injury or loss suffered by me while on the club premises.

Spring Into Fitness Obligations to You – Spring Into Fitness will endeavour to provide the facilities and services as agreed in your membership agreement. Spring Into Fitness reserves the right to change facilities, classes and services without notice. These Facilities and services can include: Group fitness classes,Personal Training, Circuit classes, Toilets, showers and change room facilities.

Cancellation of the Agreement Following Completion of Contract Term – You may cancel your direct debit membership agreement only by utilizing the following procedure:

• You must give a minimum period of 14 days written notice of termination. If any payments are due during this 14-day period they will be deducted as and when they are due. Spring Into Fitness will respond to a request to terminate your membership agreement within 5 days.

• If you cannot use Spring Into Fitness facilities and services as a result of your permanent sickness or physical incapacity – you are required to provide a medical certificate stating you cannot use the facilities or services because of your permanent sickness or physical incapacity; All upfront memberships are non-transferable and non-refundable. Cancellation policies only apply to direct debit.

• Cancellation within contract term – cancellation fees apply.

• If you terminate after the term of membership or package is completed you must pay any unpaid fees from the start of this agreement to the date of termination.

Spring Into Fitness may terminate this agreement if;

• You fail to pay the agreed fees.

• You behave in an unacceptable manner in the opinion of Spring Into Fitness & or fail to comply with a reasonable request from Spring Into Fitness.

• The Club's facilities are no longer available, safe or to the required standard in the opinion of Spring Into Fitness.

• There is a risk to your health if you participate in the services offered by Spring Into Fitness in the opinion of Spring Into Fitness.

Spring Into Fitness reserves the right to refuse entry to any person, including members.

What happens to the fees if Spring Into Fitness terminates this agreement?

• Debit plan membership or package contracts will cease to be debited from your credit card or bank account from the date of termination within 72 hours of notification.

• Payment in advance members or package holders will have their monies refunded for the balance of the period of their membership or package if the Spring Into Fitness facilities are no longer available, safe, or to Spring Into Fitness required standards.

• In all other cases Spring Into Fitness will not refund any fee to you.

Changes in Terms & Conditions – Spring Into Fitness reserves the right to change these terms and conditions at any time, including but not limited to access rights, membership types and special fees & conditions. Any changes that affect you and/or your membership will be provided to you in writing.

Breach of Agreement – Spring into Fitness reserves the right to terminate this agreement without refund or relief from payment outstanding, if your behaviour, conduct, dress or use of equipment and services is reasonably considered by Spring Into Fitness to be in breach of this agreement.

About these Terms & Conditions – These terms and conditions form the entire agreement between Ricciardello Holdings PTY LTD, in these terms referred to as Spring Into Fitness, and you or your parent/guardian if you are under 18 years of age.

Acceptance of these Terms & Conditions – You may accept these terms and conditions by signing this membership agreement in 1 or more of the places referred to above. If you do not sign or acknowledge this membership agreement in any of the places referred to or as otherwise provided for or requested by Spring Into Fitness you will be deemed to have accepted these terms and conditions by your (or your child's in circumstances where the agreement is with the parent/guardian) conduct in attending at and/or using the Spring Into Fitness club or facility after these terms and conditions have been provided to you or brought to your attention, including by email to your nominated email address. In all of those circumstances you will be deemed to have accepted these terms and conditions and they will apply to your membership as from the date they were provided to you.