Thank you for becoming a Life's An Adventure Platinum Adventure Club member.
CONDITIONS:
- Membership is for for the selected time period purchased.
- No booking fees apply to activities.
DIRECT DEBIT AGREEMENT
Our commitment to you ...
This document outlines our service commitment to you, in respect of the Direct Debit Request (DDR) arrangements made between Red Presents Pty Ltd trading as Life's An Adventure. It sets out your rights, our commitment to you and your responsibilities to us together with where you should go for assistance.
.
Initial terms of the arrangement
In terms of the Direct Debit Request arrangements made between us and you, we undertake to periodically debit your credit card for the agreed amount for your monthly club fees as defined in your Membership Application and Contract.
Drawing arrangements
Monthly drawings under the Direct Debit arrangement will occur on the date defined on your agreement. If drawings fall on a non-business day, it will be drawn on the next business day. Please note that drawings may take up to 5 business days to come out of your account. We will provide you with at least 30 days notice when changes to the initial terms of the arrangement are made. If you wish to discuss any changes to the initial terms please contact us. If your drawing is returned or dishonoured by your financial institution we will endeavour to contact you requesting payment. If we have not received payment we will re-draw these funds again along with and including any outstanding membership drawings on or before the next Direct Debit cycle. Transaction and administration fees will be charged to your account in the case of any failure to satisfactorily draw against your account.
YOUR RIGHTS
Changes to the arrangement
If you want to make changes to or stop the drawing arrangements, written notice of this must be forwarded to both us and your financial institution including details of all changes requested.
Enquiries and Disputes
Should you wish to discuss these arrangements, including any possible disputed amounts, please call us or your financial institution directly. Where disputes are referred to us, we will endeavour to respond to them within 7 days. If you do not receive a satisfactory response from us in relation to your dispute, you may contact your financial institution. They will respond to you with an answer to your claim in accordance with their published processes.
Your commitment to us
It is your responsibility to ensure that:
Your credit card or account can accept direct debits (your financial institution can confirm this); and
That on the drawing date (and for 5 subsequent days) there is sufficient cleared funds in the nominated account; and
That you advise us in advance if the nominated card is closed and that you advise us of any changes to your credit card information, i.e. expiry date, or number.
Part D
PRIVACY STATEMENT AND ACKNOWLEDGEMENT
In the course of establishing a Contract with you and during the term of that Contract we will obtain access to certain sections of your personal information (such as information concerning your health and your financial position). Life's An adventure will only use, disclose or deal with such information in accordance with our Privacy Policy.
Membership Terms, Conditions and Rules may change from time to time. We will make an effort to contact you in advance.
PAYMENT OF FEES - All continuous memberships are paid monthly in advance. If they are not paid on the due date, you agree that we may continue to debit the nominated credit/debit account with the total amount due without notice to you. (Please see the discussion relating to late fees outlined under Clause 11). We will use reasonable endeavours to give written notice to the most current address you have supplied at least one fortnight prior to this occurring. Notice may also be given via telephone or face to face. Please note: should we debit an account where we have no authority, we agree to refund these debits plus any overdrawn charges proven to this debits fault.
11. MONEY OUTSTANDING/NO ACCOUNT DETAILS - If any amount payable for your membership is not paid on the due date, access to the Club will be suspended until such time as payments are up to date (late fees of up to $35.00 per transaction, as outlined by your relevant bank, and recovery costs of up to $50 may be charged).
12. COMFORT GUARANTEE - You have a 'comfort guarantee' period of 7 days commencing on the date a Contract is formed. If you wish to utilise this period to cancel your membership, you are required to tell us in writing that you want to cancel your membership during your Comfort Guarantee Period. We will cancel your Contract and refund to you your initial payment less the administration fee. After the Comfort Guarantee Period ends, if you wish to terminate/cancel the Contract, the particular amount of fees payable varies depending upon the reason that you are terminating the Contract. Please refer to the following cancellation provisions outlined for full details in relation to your right to cancel your membership and the fees payable in those circumstances.
13. CANCELLATION/TERMINATION WITHIN MINIMUM TERM - You can cancel your membership prior to the expiry of the Minimum Term if you become subject to medical incapacity, if you relocate to another city, become bankrupt or if we make changes to the Contract which adversely affect you (refer to Clause 15). For cancellation due to medical incapacity or relocation, you will only be permitted to cancel your membership if you produce supporting documentation to our satisfaction (in the case of medical reasons, by a qualified medical practitioner certifying that you are sick or incapacitated from undertaking any exercise regime for a period of 12 months or the remaining term of your membership, whichever is the LONGER and in the case of relocation, by an agent or employer certifying your relocation). In either of these cases, you may choose to transfer your Membership Contract to someone you introduce to the club and who has not been a member. In this case the departure fee will be waived. If you do not choose this option, a departure fee will be charged depending on the number of fortnights left on the contract. Please refer below.
CANCELLATION 'DEPARTURE FEE' (this may be waived in special circumstances e.g. bankruptcy and permanent sickness or incapacity): If you wish to cancel for any other reason, you may do so by paying the remainder of your contract out (departure fee). This is calculated by multiplying your monthly fee outlined on your contract times the number of months left on your minimum term. This total is to be paid on request of the cancellation.
14. CANCELLATION ON OR AFTER THE MINIMUM TERM - You can cancel your membership on or after the minimum term if you give us 1 months notice. Your termination notice must be in writing and delivered to us. You cannot claim a Membership Time Freeze and skip the notice period. To be clear, a Time Freeze is not available during your notice period. Where either of us terminates your membership any fees that you have not paid (for example, if you had not paid for the previous month) will need to be paid or we may take action to recover the outstanding payments.
15. CANCELLATION WHEN CHANGES MADE TO TERMS & CONDITIONS OR WE BREACH OUR OBLIGATIONS - You may end your contract at any time by giving the relevant notice outlined in the paragraph previous to this if we change or add to these Membership Terms and Conditions, or if we are going to change the membership fees applicable to your membership which adversely affects you. Proof to this effect may be requested. Where we are in breach of our obligations under your contract and we have not remedied that breach within a reasonable time after you have brought it to our attention in writing, you can end your contract at any time by giving us the relevant notice outlined in the paragraph previous to this. No fees will be applicable in these cases.
16. REFUNDS - You have a 'Comfort Guarantee' period which commences on the date the contract is formed,and will end 7 full days after this period where you will be refunded your initial payment less the administration fee -if you decide you do not wish to proceed with your membership application. This request must be made in writing within this period After this period you are not eligible for any refund of money which you have paid to us for any reason. Should you pre-pay for a programme, a refund will be granted if the programme is cancelled or if you can show, with supporting medical evidence that the programme will cause you physical harm or result in physical injury to you or as otherwise required by law.
18. CHANGE IN GST RATE - All fees payable under the contract are "GST inclusive". If the rate at which GST is charged changes then the fees payable under the contract will increase or decrease by the amount by which GST increases or decreases. This increase or decrease will occur even if you are within your minimum term.
20. TIME FREEZE - Membership Time Freeze is available for a minimum of 4 weeks (in multiples of 2 weeks) to a maximum of 8 weeks per calendar year. Time freeze periods must commence and end on a day that your membership fees are payable. Additional periods (no longer than 18 fortnights) are available for travel or medical reasons upon production of supporting documentation to our reasonable satisfaction. Time Freezes may be applied for in writing, and must be handed in/advised to us at least 14 days prior to the commencement of the Time Freeze. NOTE: No pro-rata of direct debits will be done; the debit will only be frozen for the direct debit/s that falls within the Time Freeze period. For up front memberships of 3 months or less, time freeze is not available.
21. OPERATING HOURS - Each club's operating hours may differ between clubs and are available upon request at the Club, visiting www.fitnessfirst.com.au or by calling 1300 55 77 99.
22. CHANGE OF RULES/OPERATIONS - We cannot guarantee that we will not need to add to, change or remove Rules, conditions of membership, including but not limited to the Membership Terms and Conditions, opening and closing hours and the services and facilities offered by the Club from time to time. Any such additions, deletions or changes will be notified to you through either the newsletter/magazine published from time to time by us and/or notice in the club or to your last known address in writing or by phone with at least 30 days notice.
23. COMPLAINTS & FEEDBACK - We see both complaints and feedback as gifts. We will endeavour at all times to assist you with any concerns you may have. To do this both effectively and efficiently, we have empowered our staff to assist you with any queries. The initial complaint is always directed immediately to the relevant person. Should you feel that it has not been resolved effectively, then it may be escalated to the Managing Director who will in turn contact you.
24. CHANGE OF DETAILS - You must keep us informed of any change of address, email address, contact numbers, bank account & credit card details for payment and any other information relevant to your membership.
