Terms and Conditions
These are the terms and conditions upon which Metal & Fitness Pty Ltd t/a Charge CrossFit (ABN 83 156 564 671) (“Charge CrossFit”) offers memberships for use of its facility. By purchasing a Charge CrossFit membership (“Membership”), you are acknowledging your acceptance of these terms and conditions.
1. MEMBERSHIP ACCESS
1. The Membership commences on the date stated on the online sign up form, on the direct debit agreement form, or confirmed in an email to info@chargecrossfit.com.au.
2. Members have unlimited access to the classes during operating hours at the location the Membership is assigned to.
3. Memberships cannot be assigned or transferred to another person or location unless authorised by Charge CrossFit.
2. MEMBERSHIP TERMS
1. Charge CrossFit offers memberships for 3, 6 and 12 months as well as month to
month (“Membership Period”).
2. Membership fees vary due to offers and discounts that apply to longer term Memberships. Membership fees are contained in Charge CrossFit’s fee schedule (“Membership Fees”).
3. Membership Fees are payable in a lump sum payment, monthly or fortnightly direct debit using a third party direct debit arrangement.
4. Membership Fees may be reviewed at any time by Charge CrossFit. You will be provided with 30 days’ notice of any change to Membership Fees. If you do not accept the change to Membership Fees you may cancel your Membership. There will be no Cancellation Fees if you cancel your Membership before the date that the new fees will apply.
5. Memberships will automatically renew for the same Membership Period, unless cancelled by the Member in accordance with clause 5 below.
3. Cooling off
1. There is no cooling off period applicable to month-to-month memberships nor to three (3) month memberships. Memberships of more than three months are subject to a seven-day cooling off period.
2. If a Member cancels the membership with Charge CrossFit by 5.00pm on the seventh day of the initial Membership Period of the applicable Membership periods, Charge CrossFit will refund any Membership Fees paid, less the period for which the membership was used, and cancel any direct debit arrangement that applies.
4. Direct Debit Payment
1. Direct debit payment options are available to Members through a third party direct debit service.
2. Members enter into the direct debit agreement with the third party provider for the purposes of paying the Membership Fees to Charge CrossFit, and must comply with their terms of use. Please check all direct debit documentation before signing.
3. Members are directly responsible for the direct debit agreement with the third party including any dishonour fees, other fees, etc.
5. Membership Cancellation
1. Charge CrossFit reserves the right to cancel Memberships if a Member breaches these Terms and Conditions or the rules of Charge CrossFit, or if a Member gives false information to Charge CrossFit. If Charge CrossFit cancels a Membership, Membership Fees paid in advance will be refunded less any money owing to Charge CrossFit under these terms and conditions.
2. Subject to the following clauses, Memberships can be cancelled at anytime during a Membership Period with at least 14 days’ written notice to info@chargecrossfit.com.au, or via online form on Charge CrossFit’s website, prior to the end of the Membership Period. Memberships will remain active up until the next month within the Membership Period.
3. Memberships that are cancelled within 14 days’ of the end of the Membership Period or a month will remain active until the end of the following month.
4. On cancellation of your Membership, Charge CrossFit will calculate the total amount owing including all amounts owing, before or at the time of cancelling a membership, the Cancellation Fee, and any Default Fees applicable.
5. Cancellation Fees apply if a membership is cancelled during the Membership Period and vary depending upon the Membership Period. Members acknowledge that discounted Membership Fees may apply to longer Membership Periods. Cancellation Fees are displayed at the gym.
6. Cancellation Fees will not apply if you cancel your membership within the 30-day notice period of a fee increase.
7. Where the member pays by direct debit the member agrees that the Cancellation Fee will be deducted as a separate direct debit following the processing of their cancellation.
6. Failure to Pay
1. Failure to pay Membership Fees may result in the cancellation of the Membership when:
a) Membership Fees remain unpaid for 30 days after the due date; and
b) The Member fails to pay three invoices issued by Charge CrossFit within a 12 month period.
2. Cancellation Fees apply to Memberships cancelled under clause 6.1.
3. Default Fees will also apply on an indemnity basis to Members who fail to pay Membership Fees as they fall due, as follows:
a) If the Member fails to make payment of any amount of the Membership Fees on the due date, Charge CrossFit may suspend the Membership and the Member must pay to Charge CrossFit interest on the full amount outstanding at the rate equal to 4% higher than the penalty interest rate fixed by the Attorney-General of Victoria pursuant to s2(1) of the Penalty Interest Rate Act 1983 (Vic), calculated monthly for the period from the due date until payment is received.
b) The Member must reimburse Charge CrossFit for the full amount of any bank or other fees associated with any dishonoured payments and any legal, debt recovery or other expense associated with any action by Charge CrossFit to recover money from the Member.
4. The third party direct debit provider may also charge additional fees in accordance with their terms of use.
7. Membership Suspension
1. Members may suspend their Memberships for a period between 14 days and 30 days, a maximum of two instances per calendar year.
2. Members must give Charge CrossFit written notice to info@chargecrossfit.com.au, or via online form on Charge CrossFit’s website, at least 14 days prior to date of suspension.
3. During any suspension period, the Membership Fee is charged at a reduced rate of 10% of the total value of the Membership Fee for the period of the suspension which, the pro-rated calculation, will be deducted from the member’s bank account by direct debit on the day after the date of recommencement of Membership.
4. A date of recommencement of Membership must be given to suspend a Membership.
5. The direct debit of Membership Fees will recommence after the suspension period has ended.
6. Memberships cannot be suspended by the Member if membership payments are outstanding.
8. Members’ Responsibilities
1. Members must provide Charge CrossFit with a completed waiver form in person or online before commencing their first session.
2. Members agree to provide an accurate health and fitness profile prior and during engagement in an exercise program with Charge CrossFit.
3. When on the Charge CrossFit premises and facilities members must:
a) act carefully and safely;
b) comply with all reasonable directions given by Charge CrossFit;
c) treat others with respect and engage in behaviour that is fair, inclusive, equal, and free from any form of harassment or discrimination; and
d) comply with all laws.
9. Use of Booking System
Charge CrossFit requires bookings for all classes. Bookings must be made through an online booking system as directed by Charge CrossFit. Members must sign in upon arrival using our sign in counter or through their own mobile device.
10. CANCELLATION OF PERSONAL TRAINING AND DROP IN SESSIONS
Cancellations of personal training sessions, drop-in sessions and any other bookings made where payment must be made in advance must be made 24 hours before the session start time, by emailing info@chargecrossfit.com.au or via online form on Charge CrossFit’s website. You will be charged the full amount of the session if you cancel within 24 hours.
11. OPERATIONAL & FACILITY
1. Charge CrossFit reserves the right to change or cancel the opening hours or scheduled times of any of our facilities, classes or services. Please check all timetables and member information for changes.
2. Charge CrossFit does not guarantee the availability of facilities or services.
3. To be a Member and participate in classes at Charge CrossFit, you must be at least 16 years of age.
4. Unless authorised by Charge CrossFit, children aged between 6 and 15yrs can only participate as part of a CrossFit Kids/Teens membership if available or with an organised group by prior arrangement with facility management.
5. All property brought to the premises by Members is stored at the sole risk and responsibility of the Members, including if stored in lockers or designated storage areas.
6. Charge CrossFit is not liable for any loss or damage caused to a Members’ property whilst on the premises.
12. SEVERANCE
If any provision of these terms & conditions is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision will, to the extent required, be severed from these terms & conditions and rendered ineffective as far as possible without modifying the remaining provisions of these terms & conditions and will not in any way affect any other circumstances of or the validity or enforcement of these terms & conditions.
12. JURISDICTION
These terms & conditions are governed by and will be construed in accordance with the laws from time to time in force in Victoria, Australia. The Member and Charge CrossFit submit to the exclusive jurisdiction of the courts of Victoria, Australia.
Need More Information?
If you have questions about these Terms and Conditions, reach out to us:
Email: info@chargecrossfit.com.au
Call: 0423 850 753
Visit: Charge CrossFit, 2 Goldsmith Grove, Northcote 3070
CONTACT US
We’d love to hear from you! Whether you have questions or are ready to start your journey, our team is here to help. Drop us a message, and we’ll get back to you asap.
Contact us
We’d love to hear from you! Whether you have questions or are ready to start your journey, our team is here to help. Drop us a message, and we’ll get back to you asap.
