MEMBERSHIP TERMS AND CONDITIONS
By ticking the box, you are confirming that you have read and agree to the following terms and conditions.
1.1 Brief summary of terms and conditions (please ensure you read the entire document).
UNLMTD membership fee: $120 per week (plus direct debit fees), All-Access and Kids Training fee: $59.95 per week (plus direct debit fees).
All payments for memberships are via ‘Ezypay’ direct debit system
Minimum 4 week term.
The payment agreement can be cancelled anytime with 7 days of written cancellation notice. This written notice must be emailed to [email protected].
UNLMTD does not include massage or other services not listed below
All memberships can be put on hold for maximum four weeks per calendar year. 7 days written notice to [email protected] must be given to put your membership on hold.
If you cancel and wish to rejoin the membership, you are required to undergo another initial consultation as we will need to perform a new initial session to evaluate their current status.
You are unable to transfer your membership
You are not entitled to a refund or reimbursement if you do not attend for a period of time.
If direct debit is declined, you will not be entitled to use the membership services and will be charged a fee of $8.90 (excluding GST).
You will be charged any fees associated with the direct debit payments
A cancellation fee may be charged to members who repeated cancel or reschedule their appointment with less than 24 hours notice. Prior to a cancellation fee being charged, one written notice will be provided. Every subsequent cancelled appointment will be charged at 50% of the membership plan, with proceeds being donated to charity.
You will receive your membership invoices monthly, invoiced as one session per week.
What's included in the UNLMTD membership
Maximum of 1 x 30 minute treatment or training consultations per week (including virtual consultations) based on your therapists recommended treatment plan.
Elite assessment using our own new and unique MAT and AxIT technology systems.
Running assessments and biofeedback
Exercise programming sessions
Access to the latest exercise management software to help track and monitor your exercises and communicate via email/chat/phone via the app
Unlimited unsupervised training sessions - within the scheduled Injury Rehab Centre hours
Unlimited supervised training sessions - specified times available on the Injury Rehab Centre website
Unlimited access to mobility and recovery zone
What's included in the All-Access-Training membership
Unlimited unsupervised training sessions - within the scheduled Injury Rehab Centre hours
Unlimited supervised training sessions - specified times available on the Injury Rehab Centre website
1 x 30 minute re-assessment session every 4 weeks
What's included in the Kids Training membership
1 x 30 minute initial assessment upon beginning Kids Training membership
Unlimited Kids Training supervised gym sessions - specified times available on the Injury Rehab Centre website
1 x 30 minute re-assessment session every 4 weeks
1.2 Do we offer any discounts?
Memberships not qualify for any form of concession.
1.3 How old do you have to be?
You must be at least 16 years old to become a member. Special consideration and parental consent will need to be obtained for memberships younger than 16 years old.
1.4 When does your agreement start?
You have an agreement with us when you have upon digitally agreeing to terms of contract for the membership by ticking the box in the ‘Ezypay’ platform. If these terms and conditions or your agreement differ from anything you are told at the club or over the phone, these terms and your agreement will apply, unless written confirmation is received from The Injury Rehab Centre management team.
Paying an initial consultation fee.
An initial consultation or assessment is required when you join or renew being part of membership. This may or may not incur a fee. This fee is listed in your membership agreement. We cannot refund the fee after the initial appointment service has been delivered.
Understanding our rights
If we do not enforce our agreement rights at any time, it does not mean we have waived those rights, no matter how long we wait. If there is a miscalculation in your membership agreement, we have 5 days after the agreement is signed to correct it.
1.5 Can you change your mind?
You can cancel your agreement at any stage with 7 days written notice period. To cancel your membership, please see 3.1.
We will then cancel payments in your agreement beyond the 8 days written notice period.
2.1 When do you pay membership fees?
You pay fees for ongoing memberships in advance each week, by direct debit from your specified bank account or credit card on the day after you sign up.
Paying upfront
It is not possible to pay upfront for the membership.
2.2 How do direct debits work?
We will debit your weekly membership fees from your nominated account on the same day each week as set out in your membership agreement.
There will be a surcharge to your direct debit not greater than the cost of accepting that payment method from our external third party provider.
Please note that:
debit dates are preset for all members
if one falls on a public holiday, we will debit your account on the next business day
debits might take up to 5 days to come out of your account.
See also 5.2 for our privacy statement and acknowledgment.
You must make sure:
your account can accept direct debits (your financial institution can confirm this)
there is enough money in your account on the payment day and the next 5 days
you tell us if you are transferring or closing your account, at least 48 hours before your next direct debit
you tell us about any changes to your credit card, such as its expiry date or number, at least 48 hours before your next direct debit.
Please tell us and your financial institution if you want to change or stop your direct debits.
Querying a payment
If you query a payment, we will do our best to respond within 7 days. If you are not happy with our response, you may contact your financial institution. It will handle your query in line with its own policy.
2.3 What happens if your payment is late or fails?
If you do not fully pay your fees on the due date, we will suspend your membership access until your payments are up to date and you have given us your account details.
The is a payment fee of $8.90 (excluding GST) for a failed payment.
This will be debited from your account, and you authorise us to do this. This rate is current as of 21/8/18, but subject to change.
We will continue to debit your nominated account until we have received the total amount you owe us. We will make a reasonable effort to let you know beforehand by:
phoning you or speaking to you in person.
writing to the address on your patient file.
For membership/s in your name, you must make sure that the payment method you choose continues for the length of your agreement. This includes third-party accounts. If the details you give us fail, you are liable for all resulting fees. You should update your details and are obligated to complete your minimum term
2.4 Can we change your agreement?
We may sometimes add to, change or remove our terms and conditions. This includes changing the clinics opening and closing hours, its services and facilities and membership fees.
The most up-to-date terms and conditions always apply. You can find this on our website at www.injuryrehab.com.au
Being notified about changes
We will give you at least 28 days notice of any changes, for instance by:
publishing them in our newsletter or on our website
placing a notice in the clinic
phoning you or writing to the address (post or email) you last gave us.
Cancelling your membership
If we do not fulfil our obligations to you, you may be able to cancel your membership (see 3.1). We do require 7 days notice to cancel your membership via email to [email protected].
Unless the law states otherwise, you won’t have any other claim against us if this happens.
2.5 Can we increase your fees?
We reserve the right to increase your fees at any time.
We will make a reasonable effort to tell you about this at least 28 days beforehand by writing to the address you last gave us (which may be an email address). We will consider that you have received our letter or email on the second business day after it is sent.
Authorising us to increase debits
Where we have made a reasonable effort to let you know about a fee increase, you authorise us to increase any debits from your nominated account.
2.6 Can you freeze your membership payments?
You can freeze your membership for up to a maximum of four weeks each calendar year. Each time freeze must start and end on a direct debit date.
Understanding the conditions
Before freezing your membership, you must make sure your fees are up to date and you don’t owe us any money.
Note that we cannot backdate any time freeze requests. You must request a freeze when you need it.
2.8 How can you protect your health?
It is expected that you make us aware if:
you have an infection, contagious illness or physical ailment, such as an open cut or sore
follow all sanitisation and hygiene guides provided by the Injury Rehab Centre
there is any other health risk, however small, to other members and guests.
In this case you may use your allotted “time freeze” allocation to pause your membership until you’ve made a full recovery.
2.9 How can you give us feedback?
Your feedback is important in helping us to provide a great service. If you have any comments or questions about clinic or service. Please contact us via emailing [email protected].
3.1 How can you cancel your membership?
You may cancel anytime by requesting in writing cancellation and delivering via email to [email protected]
When you cancel, you must pay us any fees you owe or we may take action to recover them.
Giving us notice
You must give us 7 days’ notice to cancel. We count this period from the date of your request, this means your final debit may include the following weeks payment.
Cancelling following a time freeze
You can cancel your membership during time freeze if:
you are sick or incapacitated – you must show us a certificate from a qualified medical practitioner stating why the membership program is no longer suitable.
Any other scenario may still incur payment without 7 days written notice.
3.4 Can you cancel if we change the agreement?
You can cancel your membership at any time if we change or add to these terms and conditions or the club code and these changes adversely affect you.
You can also cancel your membership if we breach our obligations and we do not fix the breach in a reasonable time after you have told us about it in writing. We will refund you any membership fees you pay between the date of notification and the date on which we decide that we cannot fix the breach.
In either case, you need to give the clinic 7 days’ notice (see 3.1).
You must follow our clinic code. If you don’t understand something, please ask for help.
4.1 What rules apply to our facilities?
Respecting our equipment
You are responsible for using our facilities and equipment correctly, including adjusting levels or settings. If you are not sure how to operate any equipment, please ask our staff before you use it.
Note that you will be responsible for any damage that you or your guests cause through a wilful act or negligence.
As a courtesy to other members, please:
use a clean towel when you use equipment, including exercise mats
keep to the set time limits
keep phone calls to an absolute minimum
put equipment away after use.
Note also that you must not use a camera in our clinic without written permission
Keeping your belongings safe
We provide pigeon-hole areas located in the gym that you can use while exercising but these are not security lockers. It is advised that you do not bring valuables into the clinic.
Unfortunately, thefts do happen. We cannot accept responsibility for any loss or damage to your belongings while you are at the club.
Wearing suitable clothes
All members and guests must wear suitable clothes and enclosed sports shoes in any exercise areas. We do not allow clothes with offensive images or inappropriate advertising.
Respecting others
Be respectful and do not behave inappropriately towards other members, guests, our staff and outside providers. Examples of inappropriate behaviour include:
verbal or physical intimidation;
harassment;
discrimination on the basis of race, sex, age or any disability another person may have
Parking
You park in the clinic’s car park or on club premises at your own risk. We are not liable for any loss or damage to your vehicle or its contents.
Being refused entry or receiving a warning
We can refuse entry to anyone, including members, if they act unreasonably or break the code. We may also warn you that you risk having your membership cancelled. If you continue to behave in the same way, we may cancel your membership immediately.
Facing instant cancellation
We can cancel your membership without warning if you behave in a way that is risky or seriously inappropriate, such as:
threatening or harassing others
damaging equipment
using illegal or performance-enhancing drugs
instructing other members when we have not authorised you to do so.
5.1 What are your responsibilities?
Meeting your responsibilities
Your responsibilities, including payment of membership fees, do not depend on how often you use the facilities of the clinic.
You must tell us about anything that affects your membership, and any changes to your contact and bank details.
Promising to take care
You promise to:
make sure that you know how to exercise safely, by asking if necessary
use your best endeavours to exercise safely
not take valuables into the gym
follow all safety, hygiene and sanitisation procedures
5.2 Do we have a privacy policy?
Understanding our privacy policy
During your membership, we will have access to personal information about you, such as about your health and financial situation. We will only use, disclose or deal with your information in line with our privacy policy.
Collecting personal information
Injury Rehab Centre will not collect or monitor any personal information about an individual without their consent. The only personal information collected is what is provided voluntarily by a member.
We collect personal information primarily to enable us to provide members with our services. Injury Rehab Centre may also use the information for marketing to you or for any other purpose permitted under the Privacy Act 1988 (Cth).
You don’t need to identify yourself when you deal with us however in certain situations we will only deal with individuals who have identified themselves to us.
Collecting Sensitive Information
For the purposes of this Privacy Policy sensitive information means the information a member has disclosed to us about their physical and mental health and well being.
Using and disclosing your personal information
Personal Information will be used for the following primary purpose:
To fulfil obligations under a member’s membership agreement and/or any other contract between him/her and the Injury Rehab Centre;
To render services under a member’s membership agreement;
To provide information about products, service and/or special offers to members;
To obtain opinions or comments about products and/or services from members;
To record statistical data for marketing analysis from members.
The Injury Rehab Centre may employ other companies or service providers to assist us in providing our services, including (but not limited to) marketing, market research, mail-house services, hosting and product development services, analysis of member lists and/ or consulting services. These third parties may have access to personal information that is needed to perform their specific function. They cannot use that information for other purposes.
The Injury Rehab Centre recognise the trust with which individuals provide personal information, and such information will not be used or disclosed for any other purposes without consent, except in exceptional cases when disclosure may be required by law or is necessary to protect the rights or property of The Injury Rehab Centre.
Individual’s right of access
A request may be made to delete personal and/or sensitive information, and all reasonable steps to delete the information will be made, except where it is required for legal reasons. Deletion of information may result in The Injury Rehab Centre being unable to sell products directly and/or provide certain services including after sales services.
Storage and security of personal and/or sensitive information
The Injury Rehab Centre takes all reasonable steps to keep secure personal information recorded and to keep this information accurate and up to date. The personal information is stored on secure servers if in digital format, or in locked areas if in hardcopy format. The Injury Rehab Centre’s employees and data processors are obliged to respect the confidentiality of any personal and/or sensitive information held by The Injury Rehab Centre.
The Injury Rehab Centre only permits authorised personnel to access your information and information will only be disclosed to third parties where they have the appropriate authority. We destroy or de- identify personal information we no longer need, wherever possible.
Problems, queries or complaints
For further information regarding this Privacy Policy or to make a complaint about the steps
Allowing us to use your image
We sometimes film or photograph the clinic so it is possible you will appear in the background. By signing your agreement, you allow us to use your image in promotional and other business-related material.
5.3 Which laws apply?
Your agreement is subject to Australian and State law.
If a court decides that any section of your agreement is invalid or unenforceable, that section will be deleted from the agreement. The other sections will remain valid and enforceable.
Restricting your rights to sue
Under the Competition and Consumer Act 2010, we guarantee that our treatment and training services are:
provided with due care and skill
fit for any purpose you have told us you are using the services for or for a result which you have told us you wish to achieve
supplied within a reasonable time.
5.4 What definitions apply?
The Injury Rehab Centre, We, Us, Our
Functional Movement Group Pty Ltd
You, Your
A member of The Injury Rehab Centre and/or membership program
Agreement Membership Application
Membership Application and Agreement. This is between The Injury Rehab Centre and you, under which you will become a member of The Injury Rehab Centre’s membership program.
Code
Code for operating equipment, opening hours and behaviour in the club, specified in these terms and conditions, and in club signs and handouts