TERMS AND CONDITIONS:
Replacement Fob Fee: the amount payable for a new Fob key (access card)
Administration Fee: the Fee payable under clause 10.3 (b) as set out in the Details.
Agreement: this Agreement as described in the Important Notice.
VIBEZ 24/7 FITNESS trading as Mind Body Spirit Pty Ltd ABN: 60 617 883 959
Approved Club: a Club that has been approved by VIBEZ Fitness to offer memberships to 14 to 17 year olds.
ACL: means the Australian Consumer Law in the CCA.
Biller: Our third party biller, (Ezidebit User ID 165969, 303909, 301203, 234040,234072, 428198)
Biller’s Administration Fee: the Fee charged by the Biller under clause 13.3(b) as set out in the Details.
Cancellation Fee: the Fee payable under clause 12.6 as set out in the Details.
CCA: the Competition and Consumer Act 2010 (Cth).
Club: a VIBEZ 24/7 Fitness club.
Club Rules: the rules that are referred to in clause 5.6.
Details: the part of this Agreement described as the “Details”.
Direct Debit Amount: what you agree to pay by direct debit each Direct Debit Payment Period as set out in the Details.
Direct Debit Payment Agreement: the periodic billing agreement you enter into with our third party Biller for periodic billing services.
Direct Debit Payment Period: the frequency of your direct debit payments as set out in the Details.
Essential Term: a term of this Agreement that is so important you would not have signed the Agreement without it, for example, a requirement that the Facilities and Services are available 24 hours a day 7 days a week (subject to clause 18, clause 20.1 and the Special Conditions for 14 to 17 Year Olds). If there is a disagreement as to whether a term is an Essential Term, the matter will be reasonably determined by VIBEZ 24/7 Fitness.
Facilities and Services: includes Club premises and all exercise areas, bathrooms, equipment, weights, benches, machines, mats and any programs, products, classes and services that you may use (excluding services referred to in clause 14).
Fees: fees that apply under this Agreement as set out in the Details and referred to in clause 12.
Fixed Term Agreement: an agreement which automatically ends at the end of the Minimum Term.
Fob Key: the access key that allows you to access Clubs.
Fob Key Fee: the Fee payable under clause 12.4 as set out in the Details.
Guest Fee: the Fee payable under clause 5.5 as set out in the Details.
Important Notice: the part of this Agreement described as this.
Joining Fee: the Fee payable under clause 12.2 as set out in the Details.
Member: a Club member.
Membership: another word used to refer to this Agreement.
Membership Fees: the Fees you pay to access the Facilities and Services as referred to under clause 12 and set out in the Details.
Minimum Age: the minimum age to become a Member and use the Facilities and Services and referred to in clause 4.
Minimum Term: the minimum term as set out in the Details.
Ongoing Agreement: an agreement that continues on an ongoing basis after the Minimum Term until terminated under clause 10.
Pre-Exercise Questionnaire: the questionnaire or other screening we may require you to answer before using the Facilities and Services.
Pro Rata Fee: the Fee/s that may be applicable under clause 12.3 and set out in Details.
Start Date: when this Agreement starts as set out in the Details.
Special Conditions for 14-17 Year Olds: the special conditions set out in the document headed “Special Conditions for 14-17 Year Olds” and referred to in clause 4.
Staffed Hours: the times a Club is staffed. These times may not be fixed and will also vary from Club to Club.
Terms: the part of this Agreement described as the “Terms”.
- JOINING, ACCESS AND RECIPROCITY
2.1 When you join our Club, you will need to give us information noted in the
Details and provide us with photographic identification. If you join under a
particular offer, such as a corporate offer, you will also need to give us proof
that you are eligible for that offer.
2.2 On joining we will give you a Fob Key or access card that will let you access and
use our Club and the Facilities and Services.
- COOLING OFF
3.1 If you change your mind after joining, you have 10 days to cool off or cancel your
Membership starting on the Start Date. To be effective, you must let us know in writing at any time during this 7 day cooling off period. Your written cancellation can be given to us personally, by post or by e mail.
3.2 If you cancel your Membership under clause 3.1, we will charge you the Fob
Key Fee and fees for any services or products already supplied but the Joining
Fee and Membership Fees will be refunded.
- Minimum Age
(a) All Members of VibeZ must be a minimum of 14 years of age. All Minors must have a parent or legal guardian agree to the terms of this Agreement. All Minors must attend the Club to obtain a membership.
(b) You must be a minimum of 16 years of age to participate in J Series.
(c) Minors aged between 14-15 years of age must comply with the restrictions outlined in the Membership Age Policy available at the Club or on
(d) Minors aged 16-17 years of age must comply with the restrictions outlined in the Membership Age Policy available at the Club or on www.VibeZfitness.com.au/policies
- HEALTH AND SAFETY AND ACCEPTABLE CONDUCT
5.1 Your physical condition
(a) When you sign this Agreement and each time you use the Facilities and
Services, you must ensure you are in good physical condition and know of no medical or other reason why you should not exercise. If unsure, you should not use the Facilities and Services until you have sought appropriate medical guidance and been given the go-ahead.
(b) You agree to give us all relevant personal health and fitness information both before and during the course of any exercise program or other activity. You also agree to complete our Pre-Exercise Questionnaire. In some cases, responses you give will require that you get medical guidance before exercising. You acknowledge that pre-exercise or other screening is no substitute for medical advice and does not guarantee against injury or death.
(c) You promise that information you give us will be true and accurate and not misleading in any way.
(d) You must not use the Facilities and Services if you are suffering from any illness, disease, injury or other condition that could be a risk to your health or safety or that of other Members and others.
(e) We may suspend or cancel your Membership if we have reason to suspect that you have not complied with clause 5.1.
- (a) You will need your Fob Key (or access card) to access Clubs and
- must swipe this
each time you use the Facilities and Services.
- (b) If you lose or forget your Fob Key (or access card) you may access a Club during Staffed Hours if you show photo ID to Club staff but this will be at the discretion of the Club. You should not ask or expect another person to let you into a Club at any time.
- (c) You must not let anyone else into a Club without the approval of Club staff or let anyone else use your Fob Key (or access card). If you break this term, you may be charged the Tailgate Fee and/or your Membership may be suspended or cancelled.
- (d) If your Fob Key (or access card) is lost or stolen you must let us know immediately and get a replacement in 14 days or you may be refused Club access. A Replacement Fob Key Fee will apply.
You may be required to participate in a Member orientation to familiarise you
with the Facilities and Services before you use them.
6.4 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 Club staff first.
You may bring a guest into a Club but only if they register with Club staff, pay a Guest Fee and meet our other reasonable conditions. For example, they will need to be the Minimum Age, show photo ID, complete the Pre-Exercise Questionnaire and other standard forms.
6.5.6 Club Rules
- (a) Club Rules apply to everyone using the Facilities and Services. They are usually displayed in the Club.
- (b) Club Rules form part of this Agreement so you must make sure you read, understand and follow them at all times.
- (c) If you break any of the Club Rules we will respond in a way we consider fair and appropriate. For example, in less serious cases, we may give you a warning but in serious cases or where you have repeatedly broken Club 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.
7.5.7 Illegal performance enhancing or other illicit substances
You acknowledge that the distribution or use of illegal or performance enhancing drugs is prohibited and promise that you will not use or distribute these substances in or near a Club.
8.5.8 Commercial activity
You acknowledge that engaging in any commercial or business activities in the Club, such as offering training services or selling goods in the Club is prohibited
(a) Clubs have an emergency phone, panic buttons and security lanyards for safety and security reasons and to alert a security company in emergencies, for example, if you are, or feel, threatened or need medical help. You must understand how emergency apparatus works and agree to use it only in an emergency.
(b) If you deliberately use emergency apparatus inappropriately, you agree to pay for any costs, loss or damages incurred because of this inappropriate use.
(c) Clubs may also have an emergency or crisis response procedure displayed which must be followed in emergencies.
6.3 Be cautious
You must be cautious when entering, leaving a Club and using the Club and you must wear security lanyards when appropriate, for example, if exercising alone or outside Staffed Hours.
6.4 Following Directions
You agree to follow any reasonable direction of Club staff relating to health,
safety or security matters or related matters.
7.1 General consent
By signing this Agreement, you consent to us collecting, using, disclosing and
7.2 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.
7.3 Consent to use your image
You understand that photos, films, videos 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 VIBEZ 24/7 Fitness and you assign your rights in any of these materials to VIBEZ 24/7 Fitness unless we grant you written permission to do so. If we do give you written LLC. permission, we can revoke this at any time.
7.4.9 Action for risky or inappropriate conduct
If you behave in a risky or seriously inappropriate way, for example, if you threaten or harass others, damage equipment, distribute or use illicit substances, or train other Members without our authorisation, 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 Club 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.
7.5 Video and Audio Surveillance
(a) For security purposes, VibeZ uses video and audio surveillance equipment to monitor the Club on a 24 hour basis.
(b) By accepting this Agreement you acknowledge that by accessing any “VibeZ” branded club you will be subject to video and audio surveillance and recording.
(c) Video and audio surveillance is limited to the floor area only, and is not within the walls of the bathrooms or assessment rooms.
- End Agreement within Term
You can cancel your Membership at any time by telling us in writing if you cannot use the Facilities and Services because you contract a serious illness or a permanent physical incapacity during the term of your Membership. This must be confirmed in writing by a doctor or other medical professional we reasonably agree to and you agree that we may contact the doctor or other professional for verification purposes.
You will also be liable for Fees incurred, i.e. your Membership Fees for the time you were a Member (calculated on a pro rata basis), the Joining Fee, the Fob Key Fee and Fees for services already supplied.
Cancelling for your convenience in the Minimum Term.
During the Minimum Term, you can cancel your Membership at any time by
telling us in writing and paying a Cancellation Fee.
Other ways you can cancel this Agreement in the Minimum Term
You can also cancel your Membership in the following ways and without paying a Cancellation Fee:
When prior notice is NOT required
You may cancel without giving us prior notice if:
we break an Essential Term and have not fixed this in a reasonable time of you asking us in writing;
you become bankrupt and give us proof (such as supporting documents) to our reasonable satisfaction;
we change this Agreement in a way that adversely affects you (this does not
include a variation of Fees in the case of a transfer of Membership); or
you become entitled to cancel under consumer laws.
If you cancel your Membership under clause 10.5(a) or (b), you will be liable for Fees incurred, i.e. your Membership Fees for the time you were a Member
(calculated on a pro rata basis), the Joining Fee, the Fob Key Fee and Fees for services already supplied. These Fees are not refundable except in very limited circumstances related to clauses 10.5(a) (i) and (iv).
WHEN WE CAN END THIS AGREEMENT
In addition to our other rights under this Agreement, we may cancel your
Membership if you breach any obligation under this Agreement that can’t be
fixed or if you breach an obligation that can be fixed but you do not fix it in a
If we cancel your Membership, you will be liable for Fees
incurred, i.e. your Membership Fees for the time you were a Member (calculated on a pro rata basis), the Joining Fee, the Fob Key Fee and Fees for services already supplied. We may also charge a Cancellation Fee and recover costs, loss or damages caused by your breach.
You promise you are not bankrupt or insolvent and are able to pay applicable
Fees at the time of signing. You agree that you will tell us promptly if you believe you will be unable to pay your Membership Fees for an extended period. We may cancel your Membership if you become bankrupt or insolvent.
- PUTTING YOUR MEMBERSHIP ON HOLD
9.1 You may temporarily suspend or freeze your Membership for any reason if your account is up to date. In any 12 month period you may freeze your Membership 2 times for up to 3 months, totaling 6 months in a calendar year.
9.2 We may agree to freeze your Membership for more than the period noted in clause 9.1 for travel, medical or hardship reasons but you must give us proof (such as supporting documents) to our reasonable satisfaction.
9.3 While your Membership is frozen, the Minimum Term will be extended for the same time as the freeze period. Direct debit payments that fall in the freeze period will also be frozen (except the Freeze Fee).
- WHEN YOU CAN END THIS AGREEMENT
If you need to notify or tell us anything in writing under this clause:
- (a) you can give this to us in person, by e mail or post;
(b) it would be useful (but not required) if you complete any standard
documentation we may have such as a cancellation form and provide your Membership number (if you know it);
if you do not use our standard documentation, your notice must include
your name, Club, address, phone, email, ID details and signature and explain why you wish to cancel; and you must also attach any required proof such as a medical certificate.
10.2 Cancelling your Membership on or after end of the Minimum Term
- (a) If this is a Fixed Term Agreement, you do not need to do anything, as your Membership will end when the Minimum Term ends. We may contact you before your Agreement ends to discuss renewal. If you chose to renew your Membership or sign a new agreement before the Minimum Term ends, a Joining Fee will not apply.
- (b) If this is an Ongoing Agreement, it will continue after the Minimum Term unless you tell us in writing at any time (but at least 14 days) before the end of the Minimum Term that you wish to cancel your Membership. If you tell us before the end of the Minimum Term but it is less than 14 days before, your Membership will continue for another 14 days before it ends.
- (c) If this is an Ongoing Agreement and it has continued beyond the Minimum Term, you can cancel any time by giving us at least 14 days prior written notice.
- Release and Indemnity
(a) VibeZ is entitled to ask you to agree to exclude, restrict or modify its liability for death or any personal injury suffered by you on Club premises, or from the use of our facilities or equipment.
(b) If you accept this Agreement, you agree to restrict the liability of VibeZ if you are killed or injured, with the result that compensation may not be payable if you or a third party suffers death or personal injury.
(c) VibeZ may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by accepting this Agreement. Even if you accept this Agreement, you may still have further legal rights against VibeZ.
(d) A parent or legal guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child’s rights.
11.2. Release and Indemnity (New South Wales)
(a) You use the facilities provided by VibeZ at the Club at your own risk and acknowledge that the use of the Club may involve risk of injury, whether caused by you or another party. By accepting this Agreement you agree that VibeZ will not be liable for any loss, injury, damage or theft of property, belonging to or brought onto Club premises by you, or for any death, personal injury or illness on Club premises, or from using our facilities or equipment.
(b) This release does not apply if your death or injury results from gross negligence on our part.
- Club Fees
12.2 Authority to deduct Fees
We will charge you the Joining Fee to cover the set up costs for your
Membership. This is not refundable except in very limited circumstances related to clauses 3 and 10.5(a) (i) and (iv).
12.3 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.
12.4 Fob Key Fee
This is the Fee charged to buy a Fob Key. This is not refundable except in very limited circumstances related to clauses 3 and 10.5(a) (i) and (iv). If you need a replacement Fob Key, a Replacement Fob Key Fee will apply.
12.5 Membership Fees
(a) 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 Club.
(b) If this is an Ongoing Agreement, you must pay Membership Fees periodically in advance until your Agreement ends.
12.6 Cancellation Fee
(a) 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 remainder of the Minimum. 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 (Also see clause 12.7) Term or a sum equal to 14 days Membership Fees (whatever is the higher).1
(b) A Cancellation Fee may (at our reasonable discretion) also be payable by you if your Membership is ended by us under clause 5.9, or clause 12.1(c).
12.7 If you do not pay a Fee when due
(a) If you do not pay a Fee or other amount you owe when due, we can suspend your Membership until all amounts have been paid. This is in addition to our other rights under this Agreement. Other consequences may also apply with respect to late or rejected direct debit payments (see clause 13.3).
(b) Fees and charges continue to accrue during a suspension under clause 12.7(a).
12.8 Fee increases
(a) During the Minimum Term:
(i) your Membership Fees will not be increased (except in the case of a
transfer of your Membership (see clause 12.8 (c));
(ii) are provided with due care and skill; 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
(ii) other Fees may, however, be varied.
(b) After the Minimum Term, all Fees may be increased. (b)
(c) We will make reasonable efforts to tell you of any Fee changes.
(d) If your Fees are varied, you authorise any debits from your nominated account to also be varied.
12.9 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.
(a) You agree to pay all Membership Fees as set out in this Agreement and agree to be bound by the direct debit terms and conditions as described in the Payment Agreement and the Payment Provider’s Direct Debit Request Service Agreement.
(b) For a direct debit Membership you must make your payments on a fortnightly basis in advance.
(c) For a PIA (Paid in advance) membership, you must pay your membership in advance according to your level of PIA membership as indicated by VibeZ to you.
(d) For all memberships you must make payment of the Club Access and pro-rata amount in advance and the balance of the Membership Fees by way of direct debit (or if PIA by way of credit, cash or EFTPOS).
(e) You must provide to VibeZ, in the form requested by VibeZ, a Payment Agreement authorising VibeZ’ Payment Provider to debit the Membership Fee due for each direct debit period from your Billing Account.
(f) VibeZ will endeavour to contact you by phone, sms or email to inform you of any overdue payments. In the event that VibeZ cannot contact you, it will provide you with Written Notice of overdue payments.
(g) A Member will be charged a Dishonour Fee in the event that a fortnightly direct debit payment is dishonoured by their financial institution.
(h) A Member will be charged a $29.00 fee if their Access Pass is damaged or lost and requires replacement.
(i) Additional fees (being bank charges or administrative charges incurred by the Payment Provider) will apply for any overdue or late payments.
(j) If there are repeated failures to meet your payment obligations (other than through the fault of VibeZ or its Payment Provider), without prejudicing VibeZ’ rights to recover any overdue payments, your membership may be suspended or terminated by Written Notice to you.
(l) VibeZ reserves the right, at any time, to change the Membership Fees charged to Members for use of the Club facilities. VibeZ agrees to use reasonable endeavours to provide you with Written Notice of the changes. The changes will take effect 30 days after the Written Notice has deemed to be been received by you. We deem receipt to have occurred 2 business days after the Written Notice was sent. At the end of the 30 day period, you authorise VibeZ and/or the Payment Provider to debit the new amount to your account.
- OTHER SERVICES
14.1 There may be other services, including personal training services, offered at Clubs 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 separate terms and conditions.
14.2 We are not responsible for these third party provided services including fees or any associated costs claims or refunds, unless they are provided by us.
- CHANGES TO YOUR AGREEMENT
We may sometimes make changes to this Agreement, including our Club 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.
15.2 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 this time. Your Membership will be amended from the effective date.
15.3 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.
OUR LIABILITY TO YOU
16.1 Statutory guarantees
(a) Under the ACL we guarantee that the services we supply:
(b) are supplied in a reasonable time.
Under certain legislative provisions, however, we can ask you to accept some limitations to the ACL guarantees.
(c) If you sign this Agreement, you agree, to the extent allowed by section 139A of the
(d) CCA, to exclude or modify our liability to you for death or injury from our failure to comply with ACL guarantees.
This exclusion does not apply if your death or injury is caused by our “reckless conduct” (as defined in the CCA).
16.2 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.
16.3 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 are excluded. In particular, but subject to clause 16.1 and 16.2, we are not liable for death or injury caused by our 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.
16.4 Loss of property
If you are uncomfortable about approaching, or do not wish to approach You promise not to unnecessarily bring valuables into a Club and agree that it is not the obligation of the Club to look after unattended property.
- YOUR RESPONSIBILITY FOR DAMAGE
You agree to pay for any loss or damage to the Club or the Facilities and Services caused by you or your guests through a wilful, wrongful or negligent act or as a result of your, or their, breach of this Agreement.
- CLUB CLOSURES
(a) We may need to close our Club for a period of time, for example, due to an emergency, or if required by a court order or by law.
(b) We may close our Club up to 14 days in any 30 day period under clause 18(a) and keep charging Membership Fees.
(c) If we close the Club for between 15 and 30 days under clause18(a) in any 30 day period, clause 18(e) applies.
(d) We may also close the Club for up to 30 consecutive days if it is being refurbished or relocated.
(e) If we close the Club under clause 18(c) or 18(d) we may keep charging Membership Fees if you are able and willing to use another Club. If you are not able or willing to use another Club we will freeze your Membership at no cost to you and extend your Agreement for a time equal to the closed period.
(f) We will try, but cannot promise we will be able, to tell you about any Club closures in advance.
- COMPLAINTS AND FEEDBACK
19.1 If you have any concerns about the Facilities and Services or anything else in relation to your Membership, you should first raise it with Club staff.
19.2 If you are not happy with the response given, you may send a
complaint to the head office of VibeZ Fitness by e mail to
19.3 Complaints will be dealt with in accordance with the VibeZ 24/7 Fitness complaints policy.
- GENERAL LEGAL MATTERS
20.1 Unexpected events
We are not responsible if Members cannot use our Club because of an
event caused by a natural force (such as a fire or a flood) or a road or
building closure or something similar beyond our reasonable control. If this continues for more than 30 days, then either you or we may cancel this Agreement immediately by written notice. No Fee will apply.
If a court decides that any part of this Agreement is or becomes illegal,
void or unenforceable, that part is deleted and this does not invalidate the rest of this Agreement.
If we do not enforce our rights under this Agreement at any time, it does not mean that we may not do so in future.
20.4 Entire agreement
You agree that we have not made any representations or promises that
you have relied that are not in this Agreement.
20.5 Applicable law
The law of the state/territory set out in the Details applies to this