Fitness Passport Terms and Conditions


1.            Preamble


1.1.        FP wishes to contract with you to provide you with access to a number of participating gym, swimming pool and/or leisure facilities (Facilities), through the use of a Fitness Passport Membership (Membership) on the terms and conditions set out below.


1.2.        These terms and conditions together with the online sign-up process, (Sign-up), together make up a legally binding agreement (the Agreement)) between: Fitness Passport Pty Limited ACN: 118 426 029 (FP) AND the person(s) named as the “Member” in the submitted at Sign-up. For the purposes of this Agreement, the Member will also be referred to as “you” and “your” throughout.


1.3.        You may accept this Agreement by doing either one or more of the following:

a.    Completing the online Sign-up at www.fitnesspassport.com.au; or

b.    Accepting the FP membership card distributed by FP in your name; or

c.    Accessing Facilities as part of your Membership after receiving notice of these terms and conditions (which may include notice of where these terms can be located). 


2.            Membership


2.1.        Invitation to become a Fitness Passport member will be at the discretion of FP. FP reserves the right to restrict any individual or family from gaining a Membership in its absolute discretion.


2.2.        Without limiting any other provision of this Agreement or FP’s rights at law, to be eligible for a Membership, all Members must be an employee of an employer who is a party to a current Employer Engagement Agreement with FP or an immediate family member of such an employee as that term is defined in clause 2.6.


2.3.        The following classes of members apply to all Memberships:

a.            Primary Member is the person who is an employee of an employer and who is a party to a current Employer Engagement Agreement with FP;

b.            Secondary Member is a person who is a member in accordance with the provisions of clause 2.6(a) (partner or spouse of Primary Member) or clause 2.8 (under an Additional Dependent Passport); or

c.            Minor Member is a person who is a member in accordance with the provisions of clause 2.6(b),

(Collectively, the Members)


2.4.        FP offers the following types of Memberships:

a.            an 'Individual Fitness Passport'; or

b.            a 'Family Fitness Passport if obtained in conjunction with an Individual Fitness Passport'; or

c.            if obtained in conjunction with one of the other Memberships, an ‘Additional Dependent Passport’.


2.5.        An Individual Fitness Passport is for the sole benefit of the Primary Member. No benefits or entitlements attached to an Individual Fitness Passport may be transferred or shared.


2.6         A Family Fitness Passport entitles a prospective Primary Member and the Primary Member’s immediate family members to access participating Facilities under the Membership. For the purpose of this clause ‘immediate family members’ is limited to:

        a.        partner or spouse of the Primary Member who permanently resides at the same address as the Primary Member in accordance with or as defined in clause 2.7; and

        b.        dependent children of the Primary Member who permanently live with the Primary Member and who are aged under 18 years. 


Any child of the Primary Member, whether or not a dependent, aged over 18 years is not covered by a Family Fitness Passport. 


The rights of each dependent child to access the Facilities under the Family Fitness Passport cease on the day that each child turns 18 years. The conditions of the Additional Dependent Passport for dependent children age 18 to 25 years of age is outlined in Clause 2.8 and 2.9.


For the avoidance of doubt, “partners” and “Dependants” do not include siblings, parents, flatmates, extended family members or friends.


2.7         If a family member is temporarily residing at the Primary Member’s residence for a duration of 3 months or less they are not eligible for Fitness Passport as the family members must permanently reside at the same residence as the Primary Member.


2.8.         You must, at the reasonable request of FP, provide evidence that the person you nominated as your partner is your partner as defined by Centrelink. That is, a person is considered to be your partner if you and the person are living together, and are married or in a registered relationship, or in a de facto relationship. Evidence may include details of government payments received by you and your partner, or official documents confirming your relationship.


2.9.        While ever you hold a current Individual Fitness Passport or a Family Fitness Passport you are also conditionally eligible for an Additional Dependent Passport upon payment of the Additional Dependent membership fee detailed in the engagement form. An Additional Dependent Passport entitles a child of the Primary Member aged between 18 and 25 who resides with the Primary Member and who is, in the opinion of FP, unemployed or financially dependent on the Primary Member to access the Facilities under the Membership. You must, at the reasonable request of FP, provide evidence of the financial dependency of the Secondary Member to be covered by the Additional Dependent Passport which may include details of government payments received by you in respect of the Secondary Member or documents confirming full time study undertaken by the Secondary Member. The rights of the Secondary Member to access to the Facilities under the Additional Dependent Passport cease on the earlier of the day the Secondary Member turns 25 years, the day the Secondary Member stops residing with the Primary Member or the day the Secondary Member ceases being financially dependent on the Primary Member, in the opinion of FP. 


2.10.        If your child joins the program as a Minor Member and turns 18 during the course of the Membership, your Membership will automatically be upgraded to include an Additional Dependent Passport unless you notify FP you would like the Minor Member’s membership to be cancelled and return his or her ID card.


2.11.      You warrant that the details entered by you in the https://portal.fitnesspassport.com.au/dashboard/memberdetails are accurate and correct in every particular aspect.


2.12.      Membership will commence on and from the date of the Primary Member's first fee payment. The Primary Member and any Minor Members may attend any participating Facilities one fortnight after Membership commences. The Secondary Members may attend any participating Facilities only after the Secondary Members have activated their Fitness Passport ID Card.


2.13.      To obtain a membership card from, or entry to each Facility, the Member must provide that Facility with a form of photographic identification acceptable to that Facility and his or her Fitness Passport ID card. If there is a photo ID on the Fitness Passport ID card, additional photographic evidence is not required.


2.14.      If a Member has his/her Membership terminated by FP, FP will immediately communicate this information to each participating Facility and all access cards issued to that Member by participating Facilities will immediately be cancelled and must immediately be returned by that Member. Any Fitness Passport ID cards issued by FP must also be returned to FP or a photo of the cut up card (across the barcode) should be sent to FP.


2.15.      FP will regularly update the list of current financial members for each participating Facility and all inactive Members will have their Facility-issued access cards cancelled in accordance with clause 2.14.


3.            Term and fees


3.1.        Membership fees are set out at https://portal.fitnesspassport.com.au/dashboard/memberdetails and will be subject to review on an annual basis having regard to the operating costs of FP and the fees charged by the Facilities.


3.2.        Membership is for an initial fixed term of one (1) year commencing on and from the date of the Member’s first fee payment. The Member may attend any participating Facilities on the specified package list one fortnight after Membership commences.


3.3.        Subject to clause 3.4, all membership fees must be paid on or before the due date by direct debit from the Member’s nominated account. You must sign all forms and provide all authorities reasonably requested by FP to ensure that the direct debit facility is established and maintained during the currency of the Membership.


3.4.        Notwithstanding clause 3.3, if agreed between the parties in writing, Membership fees may be paid on behalf of the Member by the Member’s employer by way of payroll deduction. Notwithstanding any agreement in respect of payroll deduction, you acknowledge and agree that you will remain liable for the Membership fees and will immediately pay any outstanding Membership fees if they are paid by your employer. Payment via payroll deduction is no longer a payment option for new members. This clause only applies to those members with existing payroll deduction arrangements in place. 


3.5.        If you cancel your Membership and re-join at a later date, the subsequent membership will be governed by FP’s trading terms current at the time you re-join and will constitute a separate agreement for the term detailed in that separate agreement.


3.6.        After expiration of your initial 12 month minimum period, your membership will continue automatically. You will continue to be charged the Membership fee following the initial 12 month minimum period until you request a cancellation by contacting FP. To effect your cancellation, you must return all ID card(s) issued by FP or a Facility or a photo of the cut up card (across the barcode) should be sent to FP before automatic payments are cancelled.


3.7.        Without limiting any other rights FP might have at law or under this Agreement, if a payment to FP is suspended or cancelled for any reason, then the Member must, on request by FP, immediately pay the amount owed or FP may immediately cancel that Member's Membership without notice. Fees will continue to accrue until the ID card is returned or a photo of the cut up card (across the barcode) is sent to FP. If this occurs before the initial 12 month minimum period transpires, applicable cancellation fees may also apply as set out in clause 5.1.


3.8.        In addition to, and without limiting clause 3.7, where a periodic direct debit payment is not received by FP or otherwise fails without fault of FP, FP will be entitled, and you hereby authorise FP to, recover the amount of the failed payment in addition to and at the time the next periodic payment is due (that is, the next immediate periodic payment will be for an amount equal to 2 times the usual periodic payment). You must sign any document and provide your authority to ensure the additional amount can be recovered via the existing direct debit facility by FP. If the subsequent direct debit payment is also not received or otherwise fails you must pay FP an account dishonour fee of $5.00 for each occasion that the subsequent direct debit payment/s is not received or fails.


3.9.        Membership fees paid in advance will not be refunded except in the specific circumstances referred to in clause 11.2.


3.10.      The first periodic payment of the Membership Fee will be applied by FP to the cost of the Membership card that will be issued to each Member from FP and for the administration processes involved. This amount is not refundable.


3.11.      Where the FP issued card is lost, stolen or damaged, FP will charge you an additional fee of $10 for each replacement card FP issues. A Facility may charge you an additional fee to issue Facility specific access cards, tokens or passes. This fee is payable to the Facility in addition to the membership fees.  


3.12.      A Member may be liable to pay any fees incurred by FP in establishing and maintaining the payment arrangement, due to his or her nominated bank account being declined for payment.


3.13.      Notwithstanding clause 3.1, you acknowledge and agree that it may be reasonably necessary from time to time, but at intervals no more frequently than 6 months, for FP to increase the membership fees on account of increases in operating costs and other costs incurred by FP which are outside of the control of FP. FP will use reasonable endeavours to notify members not less than one fortnight in advance of any such increase, which once notified will apply to that Member for the balance of the term of their membership. Members acknowledge that membership fees may be increased during their initial one (1) year contract term.


3.14.      You may accrue additional fees in the event that you do not return your Membership card when and as required as set out in this Agreement.


3.15.      If you, or any other person (including a Secondary Member) continues or attempts to use the Facilities under your Membership after you (or the Secondary Member) become ineligible, or the relevant Membership is cancelled, FP reserves the right to charge you as the Primary Member for all costs incurred.


3.16.      If a FP member wishes to attend a facility located inside a licenced premises (e.g. Leagues Club or RSL Club) the FP member may be required to join the club directly as a member to be able to access the facility and any such access will be subject to any terms attached to that club membership.


3.17.      FP cannot guarantee that a Facility will not charge a joining fee.  FP takes no responsibility for any Facility that does charge a joining fee and the fact that the Facility chooses to charge a joining fee will not alter this Agreement in any way.  It is your responsibility to understand any joining fees or other fees associated with the Facilities you choose to access. 


3.18.      If you visit a facility that uses a Fitness Passport i-pad scanner to record visits, you must swipe your Fitness Passport ID card or key in your details on every visit. This includes those facilities that are 24/7 facilities that can be accessed outside of staffed hours.


3.19.      If you do not register your visit on a Fitness Passport scanner when you access the facility (regardless of whether you have already swiped into the facility using the facility’s own access card), you will be charged a $15 fee for each visit that you have made where you did not register your visit.


4.            Direct Debit Payments

  

4.1.        Where you have elected to pay Membership fees via direct debit, by completing the online Sign-up, you hereby request and authorise FP to arrange, through its own financial institution, a debit to your nominated account any amount FP deems payable by you under this Agreement. This debit or charge will be made through the Bulk Electronic Clearing System (BECS) from your account held at the financial institution you have nominated online and will be subject to the terms and conditions of the Direct Debit Request Service Agreement contained in this clause 4.


4.2.        By accepting this Agreement you are providing FP with a valid instruction in respect to your Direct Debit Request. You confirm that you have understood and agreed to the terms and conditions governing the debit arrangements between you and FP as set out in this Request and in your Direct Debit Request Service Agreement (DDRSA).


4.3.        The following clauses constitute your Direct Debit Service Agreement with FP. The agreement is designed to explain what your obligations are when undertaking a Direct Debit arrangement with FP. It also details what FP’s obligations are to you as your Direct Debit provider.


4.4.        FP will only arrange for funds to be debited from your account as authorised in this Agreement.


4.5.        FP may vary any details of this agreement at any time by giving you at least fourteen (14) days written notice. Where you receive notice of any variation and you do not consent to the varied terms, you may notify us and cancel the DDRSA upon and subject to provision of adequate replacement arrangements for payment of your periodic membership fees and any other money payable by you under this Agreement.


4.6.        At any time after the initial 1 year fixed term, you may stop a debit payment, or terminate this agreement by providing at least fourteen (14) days notification in writing to FP and returning all membership cards to FP. Unless otherwise expressly provided in this Agreement or at law, you may not cancel your Membership at any time during the initial 1 year term.


4.7.        It is your responsibility to ensure that there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with this Agreement.


4.8.        If there are insufficient clear funds in your account to meet a debit payment:

a.            you may be charged a fee and/or interest by your financial institution;

b.            you may also incur fees or charges imposed or incurred by FP including without limitation those fees detailed in clause 3.8; and

c.            you must arrange for the debit payment to be made by another method or arrange for sufficient clear funds to be in your account by an agreed time so that FP can process the debit payment.


4.9.        You should check your account statement to verify that the amounts debited from your account are correct.


4.10.      If you believe that there has been an error in debiting your account, you should notify FP and confirm that notice in writing as soon as possible so that we can resolve your query more quickly. Alternatively, you may direct your query to your financial institution direct.


4.11.      If FP concludes as a result of its investigations that your account has been incorrectly debited FP will respond to your query by arranging for your financial institution to adjust your account (including interest and charges) accordingly. FP will also notify you in writing of the amount by which your account has been adjusted.


4.12.      If FP concludes as a result of its investigations that your account has not been incorrectly debited FP will respond to your query by providing you with reasons and any evidence for this finding in writing.


4.13.      You should check:

a.            with your financial institution whether direct debiting is available from your account as direct debiting is not available on all accounts offered by financial institutions.

b.            your account details which you have provided to us are correct by checking them against a recent account statement; and

c.            with your financial institution before completing the Direct Debit Request if you have any queries about how to complete the Direct Debit Request.


4.14.      FP will use reasonable endeavours to keep your account details in your Direct Debit Request confidential. FP will make reasonable efforts to keep any information that FP has about you secure and to ensure that any of FP’s employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information. FP’s use and disclosure of your personal information, including information provided on your Direct Debit Request will be governed by FP Privacy Policy and clause 13. 


4.15.      Notwithstanding clause 4.14, FP cannot and does not warrant or guarantee that its systems are fail safe or impermeable to malicious or deliberate attempts to take or destroy confidential information. To the fullest extent permitted by law FP excludes all liability arising out of loss or disclosure of your confidential information in circumstances where FP has used reasonable endeavours to protect that information.


4.16.      We will only disclose information that we have about you:

a.            to the extent specifically required by law; or

b.            for the purposes of this agreement (including disclosing information in connection with any query or claim).


4.17.      If you wish to notify us in writing about anything relating to this agreement, you should write to Fitness Passport, PO Box 491, Customer ID H0627, Kellyville NSW 2155 or email info@fitnesspassport.com.au


4.18.      Any notice will be deemed to have been received on the third banking day after posting.


5.            Cancellation of membership


5.1.        Cancellation of a Membership by a Member will be allowed at any time in the first 14 days from the date of your first direct debit (by giving notice in writing to FP) or following the expiration of the initial 1 year term of the membership. If you cancel following the expiration of your initial 1 year minimum term, your membership will be cancelled prior to the next direct debit and you will have access to facilities for the period of the final direct debit period. If your cancellation request is received on the same day as your direct debit date, your Membership will be cancelled but the current direct debit will already be processed and a further 2 weeks of access to facilities granted. Except for the circumstances set out in clause 5.4, should you otherwise request cancellation of your Membership, then you will be liable for a membership cancellation fee outlined in the table below. This fee is determined by the date of cancellation in relation to your contract start date and any subsequent additions to this minimum date due to suspension of your membership.


Number of weeks since start of contract

Cancellation Fee if on Single Membership

Cancellation Fee if on Family Membership

Week 3 – 13

$225.00

$275.00

Week 14 – 26

$175.00

$225.00

Week 27 – 39 

$125.00

$175.00

Week 40 – 50

$75.00

$125.00

Number of weeks since start of contract

Cancellation Fee if on Single Plus* Membership

Cancellation Fee if on Family Plus* Membership

Week 3 – 13

$275.00

$325.00

Week 14 – 26

$225.00

$275.00

Week 27 – 39 

$175.00

$225.00

Week 40 – 50

$125.00

$175.00

















*Plus membership means your membership, that also has a dependent child aged between 18 and 25 (an Additional Dependant Passport).


5.2.        You may at any time upgrade your membership from an Individual Fitness Passport to a Family Fitness Passport. You may not downgrade your membership from Family to Individual within the first 12 months, unless a dependent child has turned 18 (in which case an extra fee will be payable) or 25 (in which case the child will be ineligible to continue). After the initial 12 month period you can upgrade or downgrade your membership as you require by notice in writing to FP.


5.3.        You may suspend your membership for a minimum of 2 weeks and a maximum of 2 months without documentation, but only for a maximum of 2 months per calendar year.  A $5 suspension fee will be charged for each suspension request and is not refundable if the suspension is reduced or cancelled at a later date. If you need to suspend your membership for longer than 2 months, you must supply evidence in the form of a flight itinerary or doctors’ certificate (or other relevant documentation). Fitness Passport will then have full discretion as to whether your suspension is approved. Payments will be suspended during this time. Partial suspensions of memberships are not permitted. All members of the membership will be suspended for the full duration approved. Suspension will not be backdated.


5.4.        You may lodge a written request with FP for cancellation of your Membership due to reasons of hardship. Reasons of hardship include, but are not limited to:

a.            a job transfer to a location not covered by your employer’s FP program;

b.            a recognised medical condition.


5.5.        In the case of a medical condition which prevents you from utilising your Membership, FP will:

a.            agree to a cancellation of the membership if a letter is provided from a certified physician stating that you are on a medical restriction of an indefinite nature, in which case the membership may be cancelled; or

b.            direct that the membership be suspended for the duration of the injury/ailment where a letter is provided from a certified physician stipulating an approximate period that you will be on a medical restriction.


5.6.        Following the period of suspension, the membership will resume with the same rights and obligations as applied at the time of the suspension, including payment obligations and credit for any unused payments.


5.7.        If a suspension occurs within the initial 12 month contract period the duration of the suspension will be added to the contracted period, so that the total period for which you have been a financial Member equals 12 months.


5.8.        Except as set out in clause 5.5 above, FP reserves the right to determine the individual merit of each application in its absolute discretion and reserves the right to refuse a written request for cancellation or suspension of a membership in its absolute discretion.


6.            Warranties and acknowledgements regarding Secondary Members


6.1.        The Primary Member warrants that they have the authority and approval of the Secondary Members to nominate the Secondary Member on the Engagement Form.


6.2.        The Primary Member acknowledges that the Secondary Members will not be entitled to access any Facilities until the Secondary Members have completed the activation procedure of their Fitness Passport.


6.3.        The Primary Member acknowledges that it is the responsibility of the Secondary Member to complete the activation procedure and the Primary Member hereby undertakes to FP to inform the Secondary Member of the activation requirement and procedure.


The Primary Member agrees that FP may charge the fees associated with Family Fitness Passport or the Additional Dependant Passport from the commencement of the Primary Member’s Membership, irrespective of the activation status of the Fitness Passport for any Secondary Members.


6.4.        The Primary Member warrants that it has the lawful authority and capacity as the parent or legal guardian of the Minor Member to enter this Agreement on behalf of the Minor Member.


6.5.        The Primary Member warrants to FP that it will ensure the Minor Member(s) and Secondary Member(s) comply with this Agreement and the rules outlined in clause 10.


6.6.        The Primary Member acknowledges that any indemnities or releases given by the Primary Member are given, as separate indemnities and releases, in relation to any claims arising out of or relating to the Primary Member’s Membership and each Minor Member’s and each Secondary Member’s Membership. 

 

7.            Amendment to rules and included facilities


7.1.        You acknowledge and agree that FP or a Facility has or may at any time develop rules of conduct for any Facility. Those rules do not form part of this Agreement. FP reserves the right at all times to vary any such rules or the services and facilities to be offered at any participating Facility at any time.


7.2.                       FP will notify you of any changes by emailing the person appointed within your employer as the Fitness Passport Facilitator (in which case that person will be responsible for and will be deemed to have notified you).


7.3.        You agree that the preceding notification process is reasonable. Providing FP has complied with this process, then it has discharged its duties of notification of changes to you. Should you continue to use your Membership after notification in accordance with the preceding clauses, then you will be deemed to have accepted any amendments contained in such notification.


8.            Benefits of membership


8.1.        Membership will provide each Member with access to a range of fitness facilities and services from time to time.


8.2.        Members may utilise the services of any or all of the participating Facilities on the specified package list by approaching each individual Facility and providing their FP Membership card and an acceptable form of photographic identification to that Facility. At that time, the Facility will either present the Member with a Facility Card or alternatively will require the Member to show their FP Membership card and photographic identification on each subsequent visit. If a Fitness Passport scanner is in place at the Facility, the member MUST swipe his/her ID card or manually log in on each visit.


8.3.        You may frequent each participating Facility as many times as you choose during the currency of your Membership. Limitations may be placed on certain exclusive packages. Should limitations on visits be implemented members will be notified during promotion of the package.


8.4.        Membership does not cover visits to a facility that are part of an organised group or individual training program. For example; swimming lessons, diving training, netball training etc.


8.5.        Membership does not cover babysitting services or creche visits.


9.            Fitness Centre Cards


9.1.        On acceptance of the application for membership, each Member will be provided with a Membership card from FP within 14 days. These cards may also be referred to as Fitness Passport, or an ID card.


9.2.        FP will regularly update the list of current financial Members for each individual Facility.


9.3.        On confirmation of membership each Member may be issued with a Facility Card for each Facility at the time they visit the Facility as a means of permitting access to the facility. The Facility Card includes, but not limited to, a 24 hour electronic key. Members may also be required to continue to use their FP Membership card to gain entry.


9.4.        Fitness Passport members must purchase an electronic out of hours access key for a fee paid directly to the gym on their first visit. The electronic key permits access during un-staffed hours and is also used to keep a record of visitation and so must be purchased whether you intend to use the gym outside of hours or not. Fees may vary depending on the location and are not governed by this Agreement.


9.5.        Members are not restricted on the amount of Facility Cards they may obtain from different participating Facilities or the number of Facilities they may visit.


9.6.        Should a Member fail to pay the nominated fee or cease employment with the employer affiliated with FP the Member must return the Fitness Passport card to FP, or send a photo of the cut up card(s) cut across the barcode. During this time payments will still accrue and be payable by you until you have returned all ID cards issued to you or a Family Member to FP. 


9.7.        All Facility Cards are and shall remain the property of the individual Facility. The Facility Card must be returned on demand by the Facility.


9.8.        When a member terminates their membership with Fitness Passport, all Facility Cards must be returned to the relevant facility for cancellation. FP will also advise any relevant facilities that the FP member has terminated their membership.


9.9.        The FP Membership cards given to you and each of your family Members are and will remain the property of FP and must be returned to FP once you leave the employment of the employer affiliated with FP.


9.10.      Once you have returned all cards issued to you or your family members to FP, and provided the membership is being cancelled in accordance with this Agreement, FP will cancel the relevant payments.


10.         Rules and conditions of membership


10.1.      You must abide, and must ensure that all associated family Members abide, by each Facility's terms and conditions of entry or use.


10.2.      Members found breaching the terms and conditions of Membership will have their Fitness Passport cancelled and are liable to pay for any visits that were made outside of FP terms and conditions, including those made as the result of a Secondary Member or Minor Member breaching the terms and conditions of  Membership. This includes but is not limited to: allowing someone other than the person listed on the ID card to use the card, adding ineligible members to your FP membership or using the FP card to obtain benefits outside the prescribed program.


10.3.      FP will notify you of any changes to any terms or conditions related to your Membership or the fees related to your Membership by emailing the person appointed within your employer as the Fitness Passport Facilitator (in which case that person will be responsible for and will be deemed to have notified you).


10.4.      You agree that the preceding notification process is reasonable. Providing FP has complied with this process, then it has discharged its duties of notification of changes to you. Should you continue to use your Membership after notification in accordance with the preceding clauses, then you will be deemed to have accepted any amendments contained in such notification.


10.5.      Access to each individual Facility is varied. It is your responsibility to check with each Facility for hours of operation, schedule of classes, access for dependents and availability of positions within classes.


10.6.      You acknowledge and agree that FP is not in any way liable for:

a.            cancellation of fitness classes by a participating Facility;

b.            amendment to class schedules and hours of operation;

c.            termination of individual Facility Cards due to failure of a Member to abide by the terms and conditions of usage of the participating Facility or otherwise;

d.            cancellation of a Facility's involvement with FP;

e.            the refusal of any Facility to accept or honour the benefits conferred by the Membership;

f.            injury, death or disability incurred or suffered or contributed to by any Member whilst utilising the benefits provided by the Membership;

g.            any loss or damage to property, whether in whole or part, incurred or sustained by a Member whilst utilising the benefits of the Membership; or

h.            the condition, suitability, quality or safety of any goods or services provided by the participating Facilities.


10.7.      FP is not liable for and will not refund to you any separate payments you make directly to a Facility for any reason. Any extra payment made to a Facility constitutes a separate arrangement between you and the Facility and FP does not receive any of these payments.


10.8.      You acknowledge and agree to consult with an employee of each Facility on your first visit to each respective Facility to undergo a fitness assessment and any other induction required by the Facility and to determine the level of fitness of the Member. This may incur a cost to you.


10.9.    Notwithstanding the foregoing you acknowledge and agree that you have been advised by FP that you should attend, and have either attended, or elected of your own volition not to attend, an appointment with your own General Practitioner (Dr) for the purpose of:-

a.            ensuring you are sufficiently fit and well to attend one or more of the Facilities and undertake physical activity at any such Facility; and

b.            to obtain a full physical health check so you can advise any Facility which you attend of any prevailing medical condition(s) which might affect your ability to use any piece of equipment or participate in any fitness program and you hereby release to the fullest extent permitted by law both FP and each Facility from any and all liability that might arise from you having either elected not to, or failing to, attend your General Practitioner (Dr) for the above purposes.


10.10.    You acknowledge the inherent dangers (including personal injury and death) involved in the types of high intensity exercise and other activities that you may be involved in at a Facility and hereby release to the fullest extent permitted by law FP, your Employer and each Facility from any and all liability, injury, illness, loss or damage to both person or property that might arise from you undertaking the preceding activities.


10.11.    You acknowledge and agree that you must seek instruction from relevant instructors at each Facility before using any piece of equipment and release to the fullest extent permitted by law both FP and each Facility from any and all liability that might arise from you using any equipment either without instruction or not strictly in accordance with any instructions so provided.


10.12.    Subject to clause 10.13 below, FP will use best endeavours to ensure that the offering of Facilities that a Member can access through the FP Membership match the Facilities that have been advertised to that Member.


10.13.    Facilities are chosen on a majority rules basis. If a Facility is not being patronised or is being under patronised in the opinion of FP, then that Facility may be withdrawn from the Membership offering.


10.14.    FP’s engagement with Facilities is on a venue by venue basis, not franchise by franchise. For example, if you are able to access Curves at a specific location on this program, it does not mean you can access every Curves franchise. The Member can only use the facilities at the locations specified by FP from time to time.


10.15.    FP acknowledges that there may be some instances where an owner, employee or contractor of a Facility may be eligible for a Fitness Passport Membership be it as a Primary or Secondary Member.  


10.16.    FP expressly forbids the use of a Fitness Passport Membership or the Fitness Passport to enter any Facility where the Member or a member of the Member’s immediate family is an owner, employee or contractor of the relevant Facility.  Any such use will be a breach of these Terms and may result in the Termination of membership. FP will not make any payment to the relevant Facility relating to such a visitation nor will FP recognise the visitation in any other manner.


10.17.    If you leave the employment of an employer with whom FP has an engagement agreement with, you must give notice to FP of this as soon as is reasonably possible


10.18.    FP expressly forbids the use of a Fitness Passport Membership being used in the course of either work experience or entry into the workplace. For the avoidance of doubt, a member’s Fitness Passport cannot be used where a member is working in the gym. The most obvious form of this is working as a personal trainer, whether the member is directly employed by the gym or working in any other capacity as another person’s personal trainer.


10.19    Whilst FP members are subject to the age restriction of the fitness facility they attend, FP has a minimum age restriction of 13 years old. The only exceptions to this include the child is attending an approved class for kids which is operated by a qualified instructor or using the swimming pools.


11.         Termination of membership


11.1.      Subject to clause 11.3, FP reserves the right at any time in its absolute discretion and to revoke the Membership of any Member and/or the right of any Member to use the benefits provided by the Membership by giving not less than one month notice to the Member of such termination and revocation.


11.2.      If a Member's Membership is terminated, without cause by FP pursuant to clause 11.1, that Member will (subject to this clause) be refunded that amount of their membership fee (if any) that has been paid in advance and remains unused as at the date of termination.


11.3.      Without limiting clause 11.1, FP may terminate a Member's Membership immediately in each of the following circumstances without the obligation to reimburse detailed in clause 11.2 or otherwise:

a.            breach of this Agreement by a Member;

b.            breach of any participating Facility's terms and conditions of use;

c.            failure to pay any outstanding money as required under this Agreement after being informed by FP of the outstanding amount.


11.4.      If you leave the employment of an employer with whom FP has an engagement agreement, your Membership will be terminated regardless of whether the initial 12 month membership period ended upon return of all membership cards (whether issued by FP or a Facility). Until you return the ID card, or send a photo of the cut up card (across the barcode), you will continue to have membership payments debited from your account.


11.5.      If the agreement between FP and your employer is terminated, FP may in its discretion terminate your Membership and refund, on a pro-rated basis, that amount of your membership fee (if any) that has been paid in advance of the date of termination. On termination of this Agreement under this clause, you must immediately return your membership cards, together with the cards of any family members, to FP.


11.6.      If you have your Membership cancelled for any reason and do not return your membership card on request by FP, FP will be at liberty to charge you and you will be liable to pay a fee equal to the periodic membership fees payable by you immediately prior to termination plus $100 per fortnight until the membership cards are returned or a photo of the cut up cards (across the barcode) is sent to FP.. You agree that this is a genuine pre estimate of the likely damage to be suffered and costs incurred by FP in connection with a Member failing to return membership cards.


12.         No warranty


12.1.      FP does not warrant in any way, and expressly excludes any warranty which may otherwise be implied, that the services and facilities will be available at any particular time or times nor does it warrant the condition and repair of such facilities offered at each participating Facility. Additionally, FP gives no warranty and shall have no liability whatsoever in respect of services offered by the respective Facilities or as to the accuracy of any description of or information about services or facilities given by any of the participating Facilities.


13.         Guarantee and Indemnity


13.1        You unconditionally and irrevocably indemnify FP against any loss, damage, cost, charge or expense whatever in connection with or as a consequence of you failing to meet your obligations contained in this agreement and/or any other agreement reached between FP and you.


13.2        You unconditionally and irrevocably guarantee to FP the due and punctual observance or performance of all of the obligations by all Secondary Members that have access to the Facilities due to your relationship with FP in accordance with the terms of the Secondary Members Engagement Terms  and any subsequent agreement made between those Secondary Members and FP.


13.3        You unconditionally and irrevocably guarantee to FP the due and punctual observance or performance of all of the obligations by all Minor Members that have access to the Facilities due to your relationship with FP in accordance with the terms of this agreement.


13.4        You unconditionally and irrevocably indemnify FP against any loss, damage, cost, charge or expense whatever in connection with or as a consequence of:

                a.    Any Secondary Member that has access to the Facilities due to your relationship with FP; and/or

                b.    Any Minor Member that has access to the Facilities due to your relationship with FP, failing to meet their obligations or to perform and observe their obligations contained in this agreement and/or any rules a Facility imposes and/or the obligations contained within the Secondary Members Engagement Terms.


13.5        For the avoidance of doubt, in the case of any Minor Member that has access to the Facilities due to your relationship with FP, you are unconditionally and irrevocably guaranteeing and indemnifying FP from any loss, damage, cost, charge or expense whatever caused by such Minor Members as per clauses 13.3 and 13.4 above.


14.         Liability and release


14.1.      In consideration of FP accepting an application for Membership and except to the extent caused by the negligence of FP, you hereby agree to:

a.            release and forever discharge FP to the fullest extent permitted by law from all claims that you may have or may have had but for this release arising from or in connection with your Membership or your access to or use of any Facility;

b.            indemnify and hold harmless FP and keep FP indemnified to the fullest extent permitted by law in respect of any claim by any person arising as a direct or indirect result of or in connection with your Membership.


14.2.      For the purposes of this clause claims means and includes without limitation any actions, suit, proceeding, claim, demand, damage, penalty, cost or expense howsoever arising at any time.


15.         Privacy


15.1.      FP acknowledges and respects the privacy of individuals. We will collect personal information from you in accordance with FP’s Privacy Policy found at https://fitnesspassport.freshdesk.com/support/solutions/articles/43000425224-privacy-policy. You acknowledge and agree that we may obtain personal information from you and also from third parties, such as your employer or a Facility. You further acknowledge and agree that we may provide your personal information to your employer and/or a Facility.


15.2.      Your personal information will only be used for the purposes for which it is collected, in accordance with FP’s Privacy Policy or in accordance with the Privacy Act 1988 (Cth). You hereby acknowledge and agree with FP’s Privacy Policy.


15.3.      You are not obliged to provide any information to us, but if you do not provide us with the personal information that we request we may not be able to deliver our services. The way we collect, use and store your personal information is governed by our privacy policy found at the link above.   Our privacy policy contains information about how you can access and correct the personal information we hold about you and how you can raise any concerns about our personal information handling practices. For more information, please contact us in writing.


15.4.      As part of your Membership, you may receive information from FP from time to time regarding the services of the participating Facilities.


15.5.      If you do not wish to receive an updated participating Facility list, you should indicate this desire to FP and your name will be removed from the mailing list within a reasonable period of time.


16.         Confidential Information


16.1.      Each party acknowledges that the content of this Agreement and all information disclosed in connection with this Agreement is confidential.


16.2.      Each party will, except as otherwise required by law or with the consent of the other party, keep each other’s confidential information strictly confidential. You hereby consent to FP releasing any of your confidential information in the manner and as required or authorised under this Agreement or in accordance with FP’s Privacy Policy.


16.3.      This clause will survive the termination of this Agreement.


17.         Assignment


17.1.      The Member must not assign its rights or delegate the performance of its obligations under this Agreement without the prior written consent of FP.  Any attempted assignment or delegation without consent will be ineffective.


18.         Jurisdiction


18.1.      This Agreement will be subject to the laws of New South Wales. The parties will submit to the exclusive jurisdiction of the Courts of that State.


19.         Notices


19.1.      Notices will be in writing and may be given to a party:

personally; by email to the party’s last known email address;

by leaving it at or posting by pre-paid mail to the following address for each party or to an alternate address that a party may notify the other party from time to time:


FP


Attention: Fitness Passport Director        

Address: Fitness Passport, PO Box 491, Customer ID H0267, Kellyville NSW 2126         

Email: info@fitnesspassport.com.au

                             

Member


to the address or email address of the Member set out in the Engagement Form.


19.2.      Notice is deemed to have been received by a party:

a.            when left at that party’s address; or

b.            if sent by email using the email address provided by the member; or

c.            if sent to the member’s workplace facilitator.


19.3.      Unless a later time is specified in it or by a provision of this Agreement, a notice, consent, approval or other communication, it takes effect from the time it is received.


20.         General


20.1.      The relationship between the parties is that of independent contractors. Nothing in this Agreement constitutes or will be deemed to constitute a partnership between the parties or one party as agent or employee of the other party.


20.2.      A party may not make press or other announcements or releases relating to this Agreement and the transactions the subject of this Agreement without the approval of the other party to the form and manner of the announcement or release unless and to the extent that the announcement or release is required to be made by the party by law or by a stock exchange.


20.3.      The rights and obligations of FP under or in respect of this Agreement are not personal to FP.


20.4.      This Agreement binds each party’s permitted successors, assigns, administrators and substitutes.


20.5.      A provision of or a right created under this Agreement may not be waived or varied except in writing, signed by the party or parties to be bound.


20.6.      The parties acknowledge that in entering into this Agreement they have not relied on any representations or warranties about its subject matter except as expressly provided by the written terms of this Agreement.