BODYCHANGE BOOTCAMP MEMBERSHIP TERMS & CONDITIONS
MEMBERSHIP PAYMENTS: As the membership payer, you understand, that the group training payments will continue to and past your selected minimum term until you give 28 days notice of my intent to cease your membership. A completed membership cancellation form is required by Bodychange Bootcamp Pty Ltd who will then be able to notify Debit Success to action this request. Debit Success do not have the authority to cancel a membership without written advice from Bodychange Bootcamp Pty Ltd and receipt of the completed cancellation from the member. Upon such notice the membership payments will stop upon the expiry of 28 days from the time of your written notice or at the end of your minimum term if the written notice is more than 28 days prior to the minimum term of your contract. You acknowledge that if you terminate this agreement or stop the automatic payments in a manner not described in this agreement then you are liable to Bodychange Bootcamp Pty Ltd for breach of agreement and the full amount of the minimum term contract is payable.
DEPARTURE FEE: You may terminate this agreement at any time by providing us with 28 days written notice. However if we are not in breach of the agreement, you will be charged a $99 administration fee. You will also be liable for the full retail/advertised cost of any items received as a part of your membership package including, but not limited to Heart Rate Monitors, Shaker Cups, Training Tanks etc. You will also be liable for payment equal to the amount remaining of your minimum membership term. This amount will be debited from your account or if unable to be debited an invoice will be sent for these costs to you, payable within 14 days.
REFERRAL DISCOUNTS: Existing members will receive a referral bonus that will be credited towards their existing membership for referring new members to Bodychange Bootcamp. The referral bonus is subject to the referred member completing a 6 month minimum term membership. If a referral bonus is credited and the referred person cancels prior to completing their 6 month minimum term and the full amount of their contract is unable to be collected, the referral bonus will be reversed and any credit issued will be debited from the referring members account.
MEMBERSHIP SUSPENSION: You can put your membership on hold, by requesting a suspension in writing for a minimum of 2 weeks to a maximum of 12 weeks in any 12-month period. If you are ill or injured you can suspend your membership further on production of a medical certificate until you are well enough to exercise again.
ANNUAL MEMBERSHIP FEE INCREASE: An annual membership fee increase of 2% will be automatically added to all membership direct debits as of the 1st of July each and every year for the duration of your membership. You acknowledge that we do not have to notify you further of this and agree to this annual increase as as a condition of your membership.
WAIVER AND RELEASE OF LIABILITY: In consideration of Bodychange Bootcamp Pty Ltd (t/a “Bodychange Bootcamp” 46 Watt Rd, Mornington, Victoria 3931) allowing me to participate, I acknowledge and understand that I have voluntarily chosen to participate in training activities provided by Bodychange Bootcamp Pty Ltd, hereafter referred to as “the gym”.
I agree that the gym is in no way responsible for the safekeeping of my personal belongings while I attend class.
I understand that the training may involve weightlifting, gymnastic movements, strenuous bodyweight exercises and other high exertion activities, and that I am not obligated to perform nor participate in any activity that I do not wish to do, and that it is my right to refuse such participation at any time during my training sessions. I understand there are inherent risks in all aspects of physical training and I acknowledge that I have been informed of the possible strenuous nature of the training and the potential for undesirable physiological results including, but not limited to, abnormal blood pressure, muscle soreness, fainting, heart attack and/or death. I warrant that I do not suffer from any medical condition that may affect my ability to participate safely in strenuous exercise.
I understand that should I feel lightheaded, faint, dizzy, nauseated, or experience pain or discomfort, I am to stop the activity and inform my trainer. I give the gym and the staff of the facilities I train in permission to seek emergency medical services for me should I become injured or ill with the understanding that I am responsible for any expenses incurred. If I am signing on behalf of a minor child, I also give full permission for any person connected with the gym to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the well being of the child.
I agree to WAIVE ANY AND ALL CLAIMS that I have or may have in the future against the gym, and its directors, officers, employees, agents, volunteers and independent contractors (all of whom are hereinafter collectively referred to as “the Releasees”). I agree to RELEASE THE RELEASEES from any and all liability for any loss, damage, injury or expense that I may suffer, or that my next of kin may suffer as a result of my participation in the programs, activities and services provided by the gym, due to any cause whatsoever including negligence, breach of contract, or breach of any statutory or other duty of care.
I agree to HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to the property of, or personal injury to, any third party, resulting from my participation in any program, activity or service provided by the releasees. This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect.
I agree, by allowing my child to enter Bodychange Bootcamp Pty Ltd, that Bodychange Bootcamp Pty Ltd shall not be liable for any direct, indirect, special, consequential or exemplary damages for any injury or harm to me or my child incurred in or around the property where exercise occurs either before, during or after a session. I willingly assume full responsibility for the risks that I am exposing my child to and accept full responsibility for any injury or death that may result from him/her entering Bodychange Bootcamp Pty Ltd.
In consideration of the above mentioned risks and hazards and in consideration of the fact that I am willingly and voluntarily allowing my child to enter Bodychange Bootcamp Pty Ltd, I hereby release Bodychange Bootcamp Pty Ltd, their principals, agents, employees and volunteers from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with my child entering Bodychange Bootcamp Pty Ltd, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties. I, the undersigned acknowledge that my child has no physical impairments or illnesses that will endanger him/her or others.
I give full permission for any person connected to Bodychange Bootcamp Pty Ltd to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and/or surgical care for the child and to transport the child to a medical facility deemed necessary for the well-being of the child.
I recognise that there is a risk involved in the types of activities offered by Bodychange Bootcamp Pty Ltd. I therefore accept financial responsibility for any injury that my child or I may cause either to myself or to others. Should the above mentioned parties or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, I will reimburse them for such fees and costs. I agree to indemnify and hold harmless Bodychange Bootcamp Pty Ltd, their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission whilst at Bodychange Bootcamp Pty Ltd.
I understand and am aware that strength, flexibility and aerobic exercise, including the use of equipment is a potentially hazardous activity for my child. I also understand that fitness activities involve a risk of injury or death, and that my child is participating in these activities and using equipment with knowledge of the dangers involved. I agree to expressly assume and accept any and all risk of injury or death.
I further declare my child physically sound and suffering from no condition, impairment, disease, or other illness that would prevent my participation in exercise programs or use of equipment.
I, the undersigned, do hereby verify that the above information is true and correct. I have read and understand the foregoing and that by signing; it obligates me to indemnify the parties named for any liability for injury or death of any personal and damage to property caused by me. I understand that by signing below, I am waiving valuable legal rights, including the right to sue.
CHILDREN AT BODYCHANGE (TRAINING OR OTHERWISE): You agree, by allowing your child/ren to enter Bodychange Bootcamp Pty Ltd, that Bodychange Bootcamp Pty Ltd shall not be liable for any direct, indirect, special, consequential or exemplary damages for any injury or harm to yourself, your child or any child you are acting as a guardian for, incurred in or around the property where exercise occurs either before, during or after a session. You willingly assume full responsibility for the risks that you are exposing yourself, your child or any child you are acting as a guardian for to and you accept full responsibility for any injury or death that may result from him/her entering Bodychange Bootcamp Pty Ltd.
In consideration of the above mentioned risks and hazards and in consideration of the fact that you are willingly and voluntarily allowing your child or any child you are acting as a guardian for to enter Bodychange Bootcamp Pty Ltd, you hereby release Bodychange Bootcamp Pty Ltd, their principals, agents, employees and volunteers from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with yourself, your child or any child you are acting as a guardian for entering Bodychange Bootcamp Pty Ltd, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties. You also acknowledge that yourself, your child or any child you are acting as a guardian for has no physical impairments or illnesses that will endanger him/her or others.
You give full permission for any person connected to Bodychange Bootcamp Pty Ltd to administer first aid deemed necessary, and in case of serious illness or injury, you give permission to call for medical and/or surgical care for the child and to transport the child to a medical facility deemed necessary for the well-being of the child and acknowledge that you are fully liable for any associated costs involved in doing so.
You recognise that there is a risk involved in the types of activities offered by Bodychange Bootcamp Pty Ltd. You therefore accept financial responsibility for any injury that yourself, your child or any child you are acting as a guardian for may cause either to yourself or to others. Should the above mentioned parties or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, you will reimburse them for such fees and costs. I agree to indemnify and hold harmless Bodychange Bootcamp Pty Ltd, their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission whilst at Bodychange Bootcamp Pty Ltd.
You understand and are aware that strength, flexibility and aerobic exercise, including the use of equipment is a potentially hazardous activity for your child or any child you are acting as a guardian for. You also understand that fitness activities involve a risk of injury or death, and that your child or any child you are acting as a guardian for is participating in these activities and using equipment with knowledge of the dangers involved. You agree to expressly assume and accept any and all risk of injury or death.
You further declare your child or any child you are acting as a guardian for physically sound and suffering from no condition, impairment, disease, or other illness that would prevent their participation in exercise programs or use of equipment.
USE OF PICTURE(S)/FILM/LIKENESS: I agree to allow the gym, its agents, officers, principals, employees and volunteers to use picture(s), film and/or likeness of me. In the event I choose not to allow the use of the same for said purpose, I agree that I must inform the gym of this in writing.