Terms & Conditions
You agree to pay all Membership Fees as set out in your Agreement and agree to be bound by the direct debit terms and conditions as described in the Payment Agreement.For a Direct Debit Membership you must make your payments on a weekly basis in advance. For a minimum of 12 weeks.For a Pay-in-Full Annual Membership, you must pay your membership in advance according as indicated in your Agreement.You must complete and deliver to The Ox Effect a Payment Agreement authorising The Ox Effect Payment Provider, Ezi Debit to debit the Membership Fee due for each direct debit period from your Billing Account.The Ox Effect will endeavour to contact you by phone, sms or email to inform you of any overdue payments. In the event that The Ox Effect cannot contact you, it will provide you with written notice of overdue payments;Additional fees (being bank charges or administrative charges incurred by the Payment Provider) will apply for any overdue or late payments.If there are repeated failures to meet your payment obligations (other than through the fault of The Ox Effect or its Payment Provider), without prejudicing The Ox Effect's rights to recover any overdue payments, your membership may be suspended or terminated by Written Notice to you.The Ox Effect may change its Payment Provider. In such circumstances, you must complete and deliver to The Ox Effect a Payment Agreement authorising The Ox Effect new Payment Provider to debit the Membership Fees due for each direct debit period from your Billing Account.The Ox Effect reserves the right, at any time, to change the Membership Fees charged to members for use of the Club facilities. The Ox Effect agrees to use reasonable endeavours to provide you with Written Notice of the changes. The changes will take effect thirty (30) days after the Written Notice has deemed to be been received by you. We deem receipt to have occurred three (3) business days after the Written Notice was sent. At the end of the thirty (30) day period, you authorise The Ox Effect and/or the Payment Provider to debit the new amount to your account.
All members of The Ox Effect must be a minimum of 16 years of age. All Minors must have a parent or guardian co-sign this Agreement.All members aged 15 – 17 years must undertake The Ox Effect Gym induction prior to participating in any Strength & Conditioning activity.Minors must comply with The Ox Effect Rules and access to the gym activity can only occur when they are accompanied by a parent/guardian or are participating in The Ox Effect staffed activity.
The Ox Effect not responsible for your medical/fitness condition
It is your responsibility not to use any equipment which may adversely affect any medical condition. You hereby represent to your Club and The Ox Effect and their directors, officers, employees, contractors and agents that, to the best of your knowledge, you do not have any physical, medical or other disability or condition which may be affected or aggravated by, or which may result in any sickness, injury or death to you as a result of, your use of the Club or its facilities.If you have any health or medical concerns now or after you join as a member of the Club, you must discuss them with your doctor before using the equipment or the Club.You acknowledge that The Ox Effect did not give you any medical advice before you used the equipment, and cannot give you any medical advice after you use the equipment.It is a condition of membership with The Ox Effect that each member, prior to using the Club, has to complete the Pre-Exercise Questionnaire.You will not be permitted to use the Club until you have completed the Pre-Exercise Questionnaire.The Ox Effect reserves the right to restrict, suspend or terminate your membership if The Ox Effect is of the reasonable opinion that you are unfit to utilise the The Ox Effect facilities. If your membership is restricted or suspended for this reason, your membership will not be reinstated until you provide The Ox Effect with a medical certificate confirming that you are fit to train.
Liability of The Ox Effect
You understand and acknowledge that The Ox Effect purchases or leases the equipment from a third party and therefore does not manufacture any of the fitness or other equipment used in the Club.You understand and acknowledge that The Ox Effect is providing recreational services and may not be held liable for defective products or equipment.The Ox Effect is not liable to you for any personal property that is damaged, lost, or stolen while on or around the Club including, but not limited to, a vehicle or its contents or any property left in a pigeon hole.If you cause damage to the Club or any equipment you are liable to The Ox Effect for its cost of repair or replacement
Termination of membership
You may terminate your membership at any time on the following basis:You provide a request for termination of your membership in writing to The Ox EffectIf your request for termination is for reason of permanent sickness or physical incapacity and this prevents you from using the Club:your request must be accompanied by a medical certificate evidencing such permanent sickness or physical incapacity; andthere will be a refund of any unused Membership Fees.In the event of death, your estate must provide written evidence in the form of a death certificate and all unused Membership Fees will be refunded.If your request for termination is for reasons other than permanent sickness or physical incapacity
In relation to lock in contracts for Direct Debit Memberships:
you may not terminate the membership during the agreed period unless you suffer from a permanent sickness or physical incapacity as described above; you may be able to transfer the remaining agreement to a non-member who is accepted as a member of the Club. A $50 transfer fee is payable by the incoming member on transfer of the membership.
In relation to Direct Debit Memberships:
you may terminate your membership at any time;you must provide The Ox Effect with Written Notice of termination at least fourteen (14) days before your direct debit bill date to allow The Ox Effect sufficient time to process your termination. If your notice is less than fourteen (14) working days the direct debit amount will be processed and will not be refundable; andthere will be no refund of any unused Membership Fees as the cost of refunding these fees would be in excess of any fees refundable.
In relation to Pay-in-Full Annual Members:
you may not terminate the membership during the prepaid period (or get a refund), unless you suffer from a permanent sickness or physical incapacity as described above; andif you do not renew your Pay-in-Full Annual membership by the renewal date, your membership will automatically expire.
The Ox Effect may restrict your membership at any time on the following basis:
concern for the health and/or safety of the member; ornon-compliance, improper or harmful conduct engaged in by the member.
The Ox Effect may terminate your membership at any time on the following basis:
you fail to make any payments of your Membership Fees;any fortnightly/weekly payments of fees are late;The Ox Effect reasonably suspects that you are engaging in illegal activity in the Club;you fail to follow any of the Policies or Club Rules, or violate any part of this Agreement; oryour conduct is improper or harmful to the best interest of The Ox Effect members.
In the event that The Ox Effect terminates your membership termination will be effective on the date that The Ox Effect sends Written Notice. You are liable for all financial obligations until that date. If you are a Pay-in-Full Annual member, The Ox Effect will not refund any unused portion of your fees.
Upon termination of your membership by The Ox Effect, you will cease to have access to the Club, and The Ox Effect has the discretion to deny you access to The Ox Effect. Any money owing to The Ox Effect when your membership ends, remains immediately due and payable and The Ox Effect will deduct the amount outstanding from any refund which you may be eligible. If there is not enough money to cover the amount owing to The Ox Effect, you must pay the balance of the amount owing.
Upon termination of your membership by your election, you may continue to use the Club for any period that you have paid in advance. You will cease to have access to the Club once any period you have paid in advance expires.
Termination or expiration of this Agreement shall be without prejudice to the rights of each party against the other in respect of anything done or omitted under this Agreement prior to such termination or expiration.
Limitation of liability The Ox Effect warns that whilst you are on our premises using our Club and Gym + Yoga Studio areas, you are at risk of suffering physical harm or personal injury including broken bones, soft tissue injuries, joint injuries, permanent disability or death. These injuries may occur from you:
slipping on flooring;being struck by weights;colliding with equipment, or other members;engaging in strenuous exercise and activities; orincorrect use of equipment or Club,You acknowledge that any such injury may result not only from your actions but from the action, omission or negligence of others.You acknowledge and agree that the above mentioned injuries and potential causes of injuries are not exhaustive, and there are other unknown or anticipated risks that may result in injury, illness or death.You acknowledge that whilst every attempt is made to ensure that the recreational services and facilities provided by The Ox Effect are safe, there are some significant and inherent risks involved, and you agree that you are participating voluntarily at your own risk and responsibility, thereby exposing yourself to certain risks.
Statutory guarantees relating to the supply of servicesUnder the Competition and Consumer Act 2010 (Cth) certain consumer guarantees apply to the supply of goods and services to consumers. These guarantees mean that The Ox Effect will guarantee that the services it supplies to you are:
rendered with due care and skill fit for any purpose you have told us you are acquiring the services for; andsupplied within a reasonable time.