Momentum Fitness Warrnambool Membership T&C's
1. PROVISIONS. Momentum Fitness Warrnambool will provide a fully equipped exercise facility including a fitness training area with
stationary bicycles, elliptical, treadmills, circuit training equipment and free weight training area. Momentum Fitness Warrnambool may
be unavailable during a period of repair and maintenance or special events, programs or private parties, or by Management’s schedule for these events. To
keep the facility in the best possible condition a portion of Momentum Fitness Warrnambool may be closed for a temporary
time period for repairs and renovations. There will be no adjustment in fees for this period of closure.
2. MEMBER’S HEALTH WARRANTY. The member warrants and represents that the member or any family member or guest entitled to use the facilities of
Momentum Fitness Warrnambool under the terms of membership, has no disability, impairment, or ailment preventing him/her from
engaging in active or passive exercise, or that will be detrimental or adverse to such person’s health, safety, or physical condition if he/she does so engage or
participate. The Member acknowledges and agrees that:
1) Momentum Fitness Warrnambool will rely on the foregoing warranty in issuing the Membership;
2) /Momentum Fitness Warrnambool shall have no obligation to perform a fitness assessment or similar testing to determine the Member’s physical condition; 3) if any fitness assessment or similar testing is performed by the Momentum Fitness Warrnambool, it is solely for the purpose of providing comparative data with which the Member can track progress in a program and is not for diagnostic purposes.
4) Momentum Fitness Warrnambool shall not be subject to any claim, demand, or injury whatsoever on account of the Momentum Fitness Warrnambool evaluation or interpretation of such fitness assessment or similar testing.
5) Momentum Fitness Warrnambool shall not be liable for any injury arising out of the member’s disability impairment or ailment preventing him/her from engaging in active or passive exercise, or that would be detrimental or adverse to such person’s health, safety or physical condition if he/she does so engage or participate. Each member and guest should be aware of his/her medical history and should consult with a physician prior to engaging in exercise or continuing to exercise if a medical condition appears or appears to be developing.
3. LIABILITY AND WAIVER OF LIABILITY. Each member of Momentum Fitness Warrnambool shall be liable for any property damage and/or personal injury (caused by the Member, Member’s Family, Guest or any other person) at Momentum Fitness Warrnambool or any activity or function operated, arranged or sponsored by Momentum Fitness Warrnambool. It shall be the obligation of the member to pay for any costs involved upon presentation of a statement thereof. All use of Momentum Fitness Warrnambool, or participation in,
the Momentum Fitness Warrnambool, activities operated, arranged or sponsored by Momentum Fitness Warrnambool either on or off of Momentum Fitness Warrnambool premises by the Member, Member’s Family or Guest(s) shall be AT SUCH PERSON’S OWN RISK, and Momentum Fitness Warrnambool shall not be liable for any injuries or damages to such person, or the property of such person, or be subject to any claim, demand, injury or damages. The Member individually, and on behalf of the Member’s personal
representative, heirs, administrators, assigns and successors does here by expressly forever release and discharge Momentum Fitness Warrnambool, its successors and assigns, as well as its officers, agents and employees from all such claims, demands, actions, or causes of action.
4. SUSPENSION/TERMINATION OF MEMBERSHIP BY MANAGEMENT. Management has the right to suspend and/or terminate any membership for non-
payment of dues, fees, Momentum Fitness Warrnambool Property dues, or for behaviour inimical to the enjoyment of Momentum Fitness Warrnambool by other members and staff for any reason deemed sufficient in the sole discretion of Management.
5. CANCELLATION: The Membership is a continual membership and must give 30 days’ written notice where upon you can still attend the gym until the 30 days have past. It is gym policy that the Cancellation form must be signed in the facility. If there is an outstanding amount, please realize that your membership will not be cancelled until this has been paid up. Also understand that by signing the cancellation form that your membership will no longer be current and can no longer attend the gym as a paid member once the 30 days’ notice has passed.
6. UNPAID BALANCES. All balances which are 30 days past due are subject to a $12.00 monthly service fee. In addition to other rights, Management
reserves the right to:
- Collect the current and past due balance.
- Suspend and/or terminate membership privileges.
- Recover from Member(s) any collection fees, court costs, and reasonable attorney’s fees agreed to be 30% of the entire balance due and owing.
- Collect a service fee of $30.00 for any check or draft payable to Momentum Fitness Warrnambool which is not honoured.
7. AGREEMENT AND RELEASE OF LIABILITY. Momentum Fitness Warrnambool will provide access to the building using a
barcode system. I acknowledge the supervision is not always provided at the facility. I acknowledge that use of the barcode system by someone other than
myself will result in a fine of $25.00 for the first time, $150.00 for the second time. The fine will be automatically added to my membership as a one off payment and if repeated will result in the loss of membership.
8. ENTIRE AGREEMENT. This agreement and Bylaws constitute the entire and exclusive membership agreement between the parties. Any promise,
representation, understanding, oral or written, pertaining directly or indirectly to the agreement which are not continued herein, are hereby waived.
9. I certify that I have received a copy of the Rules and Bylaws and have read and understand them.
Debitsuccess is a third party company that we use to collect all membership payments. If you have an issue with anything to do with your membership payment please contact them to sort it out.
Below are Debitsuccess T&C's, please read these carefully prior to signing your contract.
Debitsuccess Contract T&C's
This document outlines the rights and responsibilities you have with regard to the ability of Debitsuccess to directly debit your nominated bank
account or credit card for any instalments or payments due by you under the terms and conditions of this Contract. All communication relating to
this Contract are to be sent directly to Debitsuccess. All queries regarding the provision of the Services should be directed to the Facility.
In this Contract, the words and phrases referred to below are defined as follows:
· “Commencement Date” means the date that the Facility provides the Services to the Customer or such other date as agreed by the Facility
and the Customer.
· “Contract” means these terms and conditions together with the conditions of instruction to accept direct debits.
· “Customer” or “you” means the person or party signing this Contract.
· “Debitsuccess” means Debitsuccess Pty Limited, a company incorporated in Australia – Phone: 1800 148 848,Email:
email@example.com, Postal address: P.O. Box 577, Mt. Waverley, Victoria 3149.
· “Facility” means the organisation providing the Services and/or its franchisees, as applicable.
· “Facility Membership Agreement” means any terms, conditions and contractual agreements made between the Facility and the Customer.
· “Services” means the services to be provided by the Facility pursuant to which this Contract relates. For the purposes of this Contract,
“Services” means an entitlement to use the Services provided by the Facility and does not mean the “actual” use of the Services.
This Contract will commence on the Commencement Date and will continue until all instalments and payments due have been paid in full, unless
terminated earlier in accordance with clause 4.
4. Early termination
This Contract may be terminated at any time with the agreement of the Facility.The Customer shall not consider that this Contract has been
terminated until such time as termination is confirmed in writing to the Customer by Debitsuccess and/or the Facility to the last address of the
Customer that Debitsuccess has on record.Termination of this Contract will also terminate the instruction to accept direct debits.
5. Further customer agreements
The Customer agrees that:
· Change in Facility details – the Customer’s obligations under this Contract are not affected by a reasonable change in the normal location
where the Services are ordinarily provided, a reasonable change in the location of the Facility’s premises, a change in the ownership of
the Facility, or a change in the name of the Facility;and
· Rights conditional – the Customer’s rights to the Services are conditional upon he or she:
o complying with any rules and conditions of the Facility relating to the Services;and
o making any payments required under this Contract when due.
As consideration for receipt of the Services, the Customer agrees to pay the instalment amount at the agreed payment frequency for the term of this
Contract.The Customer may alter the payment frequency and/or day to debit by requesting a change with Debitsuccess. However, any changes shall
not affect the total amount of money the Customer would otherwise be required to pay. Should there be any payments in arrears, the Customer
authorises Debitsuccess to debit the outstanding balance in order to bring the account up to date.
7. Administration Fee
A one-off fee of the amount indicated on the front of this Contract is payable to Debitsuccess by the Customer on signing this Contract.The
Customer authorises Debitsuccess to add any fees owing under this clause, to the initial instalment to be paid by the Customer (as a separate
payment or otherwise) or to such other instalments as Debitsuccess may, at its sole discretion, decide.8. Late Payment Fee
A late payment fee of the amount indicated on the front of this Contract is payable by the Customer to Debitsuccess for each reversal of a payment
initiated by Debitsuccess in accordance with this Contract.The Customer authorises Debitsuccess to add any fees owing under this clause to any
future instalments paid by the Customer (as a separate payment or otherwise).
The Customer acknowledges that:
· Debitsuccess is entitled to store his or her personal information (whether received from the Customer, the Facility or otherwise) on its
systems, and use it for the purposes of administering this Contract, providing its products and services, or offering alternative products
· he or she has rights of access to, and correction of, his or her information under the Privacy Act 1988 (Cth);and
· Debitsuccess (or the Facility) may contact the Customer for any purpose related to the provision of its products and services.
The Customer agrees that, to the extent permitted by law, neither the Facility, Debitsuccess or any of their related companies, directors or
employees will be liable for any direct, indirect, or consequential injury, loss or damage to the Customer, or to the property of the Customer
whatsoever, arising out of or in relation to this Contract.
11. Debt Collection Action
· authorises the Debitsuccess to notify any debt collection or credit reporting agency upon default by the Customer in regard to any
obligation to pay under this Contract;
· agrees 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 Contract terminating;
· authorises Debitsuccess to add $50 to the outstanding debt as its fee for dealing with the default;and
· agrees to pay any and all costs incurred as a result of debt collection including the commission, fees and costs charged by any debt
collection agency (approximately 25% of the outstanding debt).
12. Contracts Privity
The Customer acknowledges that Debitsuccess has been contracted by the Facility to collect the instalments due under this Contract and the
Customer acknowledges that all rights of the Facility pursuant to this Contract are able to be enforced by Debitsuccess as if it were the Facility,
without any involvement on the part of the Facility or the consent of the Customer.
13. Entire Agreement
This Contract and the Facility Membership Agreement (as applicable) constitutes the entire agreement, understanding and arrangement (express
and implied) between the Customer, the Facility and Debitsuccess relating to the subject matter of this Contract, and supersedes and cancels any
previous agreement, understanding and arrangement relating to the subject matter of these arrangements whether written or oral. In the event of
any inconsistency between the terms of this Contract and the Facility Membership Agreement that specifically relate to the rights and obligations
of the Facility (other than any right to unilaterally vary fees payable), the terms of the Facility Membership Agreement shall prevail.
If any provision of this Contract is prohibited, invalid or unenforceable, that provision will be ineffective to the extent of the prohibition, invalidity
or unenforceability without invalidating the remaining provisions of this Contract or affecting the validity or enforceability of that provision,
unless it materially alters the nature or material terms of this Contract.
TERMS AND CONDITIONS OF THE DEBITSUCCESS DIRECT DEBIT REQUEST (DDR) SERVICE AGREEMENT
1. INITIAL TERMS
Debitsuccess will debit your nominated account for the amounts and at the frequency of payments as agreed between us on the Debitsuccess DDR
Contract, authorised and accepted by you.
2. CHANGE OF TERMS
In the unlikely event that the initial terms are to change, they can only do so in accordance with your Contract and we must give you at least 14
days’ notice of the changes including if applicable the new amount, new frequency and next debit date.
3. DEFERRING OR STOPPING A PAYMENT
Should you wish to defer a payment to another date you must contact Debitsuccess before the date of that payment to request the deferment.
Deferments are entirely at the discretion of Debitsuccess and will depend on the length of deferment, the current state of your account and your
past history.You may request us to stop an individual payment however you will still be liable to make this payment by some other method or your
account will become overdue
4. ALTERING THE SCHEDULE
Should you wish to alter the payment frequency or Day to Debit, contact Debitsuccess and we, at our discretion, may be able to make the changes
you require.There may be a fee charged for this service (details of any fees payable can be obtained by contacting Debitsuccess on 1-800 148 848).
Any changes made will not affect the total amount you would otherwise have paid over the minimum term of your Contract.
5. SUSPENDING THE PAYMENTS
Suspension of payments may be possible under the terms of your Facility Membership Agreement. Payments may be suspended for a minimum of 2
weeks at a time so long as the total time suspended within the minimum term does not exceed 6 weeks. In order to suspend payments you should
contact Debitsuccess at least 3 days prior to the date of the first suspended payment.There is a charge of $5.00 per week while the contract is
suspended unless a different fee is specified on the front of this Contract. Any time spent on suspension will be added onto the minimum term of
the Contract so that the sum of the instalments payable for the minimum term or number of payments shall still be payable regardless of any
suspension or suspension charges made.
6. CANCELLING THE PAYMENTS
You can cancel this Direct Debit Request Authority by requesting this of Debitsuccess or your bank. Cancellation of the authority to debit your
account will not terminate this contract or remove your liability to make the payments you have agreed to.
If you dispute any debit payment, you must notify Debitsuccess immediately. Debitsuccess will respond to your dispute within 7 working days andwill immediately refund the amount of the debit if we are not able to substantiate the reason for it. If you do not receive a satisfactory response
from us to your dispute contact your financial institution who will respond to you with an answer to your claim within 5 business days if your
claim is lodged within 12 months of the disputed drawing, or within 30 business days if your claim is lodged after 12 months from the disputed
8. NON WORKING DAY
When the day to debit falls on a weekend or public holiday the debit will be initiated on the next working day.
9. DISHONOURED PAYMENTS
It is your responsibility to ensure that on the due date clear funds are available in your nominated account to meet the direct debit payment.
Should your payment be dishonoured, Debitsuccess will debit the amount indicated on the front of this Contract with your next payment and may,
if we have not received instructions to the contrary from you, debit both the current due payment and the now overdue payment(s) on the same day.
Debitsuccess may debit other fees or costs involved with debt collection in accordance with the terms and conditions of the Contract.
All enquiries should be directed to Debitsuccess and should be made at least 1 working day prior to the next scheduled debit date.
11. YOUR OTHER RESPONSIBILITIES
In addition to those already mentioned, you are responsible for ensuring that your nominated account is able to accept direct debits. If it is not, it
is your responsibility to provide Debitsuccess with a new account number.
DEBITSUCCESS’ PRODUCT DISCLOSURE STATEMENT
This Short-Form Product Disclosure Statement (Short-Form PDS) is prepared by Debitsuccess Pty Ltd ABN 32 095 551 581 (Debitsuccess, We, Us). We
are a wholly owned subsidiary of TSG Holdings (AUST) No.2 Pty Ltd ABN 89 608 821 281 and a related company of Transaction Services Holdings
Limited ARBN 125 664 860 (‘TSHL’).
HOW TO CONTACT US
You can contact Us by telephone (1800 148 848), by fax (1800 777 084), via our website
(www.debitsuccess.com.au) or by writing to us at PO Box 577, Mt Waverley Victoria 3149.
Debitsuccess is the issuer of the Debitsuccess Direct Debit Payment Product (the Product) under an intermediary authorisation with THSL.
THSL hold an Australian Financial Services Licence (No. 338256) and We are an authorised representative of THSL (AR 407894) authorised to provide
financial product advice about and deal in the Product.
The Product is a non-cash payment facility which allows you to enter into an arrangement with us for the payment of reoccurring amounts to a
single merchant by direct debit from your nominated bank account or credit card ('Account'). We can only provide the facility to you if we have
received a completed Direct Debit Request that you have agreed to.
Some information might change from time to time. We will issue a supplementary or replacement Short-Form PDS to you if there is a materially
adverse change to or omission from the information. For other changes, you can obtain up to date information by contacting us. We will send you
updated Information free of charge on request.
All information in this Short-Form PDS is general only and does not take account of your individual objectives, financial situation or specific needs.
You should consider how the information in this Short-Form PDS meets your needs before deciding to apply for the Product.
OTHER INFORMATION THAT FORMS PART OF THIS SHORT-FORM PDS
The following documents are incorporated into, and form part of, this Short-Form PDS:
1. The Terms and Conditions of the Debitsuccess Contract and/or your customer/service contract;and
2. The Terms and Conditions of the Debitsuccess Direct Debit Request (DDR) Service Agreement.
You should read these documents as they include important information about the terms and conditions that apply to our provision of the Product
to you, including information about cancellation and termination rights, breach of contract, liability and privacy.They are printed on the back of our
Direct Debit Request (DDR) which you will be given by the merchant you require your payment to be made to.The documents are also publically
available to view or download from our website or you can ask us for a copy.
SUMMARY OF FEATURES AND BENEFITS OF THE PRODUCT
The Product allows you to make recurring payments from your Account to a single merchant - for example a club or organisation you have membership
to. It has many benefits, the key ones are summarised below:
Certainty - you can align payments to your income stream by nominating the day payments are to be deducted from your Account and the frequency.
Flexibility - nominate payments to continue or stop on expiry of the minimum term.Responsiveness - you can elect to pay more over a shorter term (paying off your liability earlier) or if your circumstances change you can arrange to
make 'catch-up' payments in special circumstances.
Security of Data - we have in place security systems of a very high standard which comply with the Payment Card Industry Data Security Standards to
ensure that your personal information is secure from unauthorised access.
SUMMARY OF RISKS OF USING THE PRODUCT
The Product is designed to provide you with a simple and easy to use payment solution.The Product is not
100% risk free and there are some risks associated with use of the Product. We cannot debit your account if you give us incorrect Account Detail or if
you have insufficient clear funds in your Account and in the unlikely event that our systems or service providers are temporarily unavailable we may
not be able to debit your Account on the nominated day.
If you are not satisfied with our services, please telephone our internal dispute resolution service on 1800 148
848 or write to us. We will acknowledge your complaint in writing within 7 days and endeavour to resolve it promptly. If you are not satisfied with
our response, we are a member of the Financial Ombudsman Service, an external dispute resolution body who you can contact by telephone (1300
780 808), fax (03 9613 6399), in writing (GPO Box 3, Melbourne VIC 3001) or via their website (www.fos.org.au).
COSTS AND OTHER AMOUNTS PAYABLE
We may deduct the following fees from your Account at the times indicated:
Fee Amount When Payable
Administration* A maximum amount of $110.
The fee could range between $0 and $110 depending on your arrangement with your merchant
You may be charged a one off fee of $10 if so it will be clearly indicated on the DDR form that you complete with your merchant
Once only when Product is first established
Reversal Up to $15 On the Dishonour of a payment
Debt Collection** $50 plus 25% of full outstanding balance.
For example, if your outstanding balance was $200, the Debt Cancellation Fee owing, in addition to the outstanding contract balance of $200, will be $100 (comprising $50
plus 25% of the remaining balance (i.e. 25% of $200).
On cancellation of the product due to your failure to pay the required amounts under your customer/membership contract resulting in the referral of your account to Debt Collection.
*The fees noted above are maximum amounts charged by Debitsuccess in relation to the provision of the product. The actual amounts payable are set out in your customer/membership contract. You will be notified in writing of the amount you pay before the Product is issued to you.
** This fee will only be charged if Debitsuccess provides Debt Collection Services to the business providing goods or services to you. If this is the case,
the terms relating to Debt Collection Services set out in your customer/membership agreement will also apply.
This Short-Form Product Disclosure Statement is dated 7 December 2016 and provides a summary of key information in the Product Disclosure
Statement as at that date. We will provide you with a Product Disclosure Statement free of charge on request