Welcome to Nitro Boxing Fitness Centre. Before signing your Nitro Boxing Membership Agreement please take the time to read the following terms and conditions of your members. We advise you to only sign the membership agreement if you understand and agree with these conditions. The information outlined in these terms and conditions can / will be used in the event of a discrepancy
1. INTRODUCTION
By signing the agreement you are agreeing to have been given a copy of this agreement and agree to abide by the rules of membership. You also acknowledge and agree that you are medically sound to undertake a normal course of exercise, you use the club facilities at your sole risk and responsibility and you are aware that exercise is physically demanding and participation in some activities may pose a risk to your health. This agreement also relates to the member’s authority to Ezypay Pty Ltd to directly debit the nominated bank account or credit card for any installments or fees due under the terms and conditions of this Agreement and DDR overleaf. These terms are stated below.
2. DEFINITIONS
In this Agreement unless the contrary intention appears:
- The singular includes the plural and vice versa.
- A reference to a party includes that party’s legal personal representative heirs and assigns.
- “Member” includes the parent or guardian of the Member if the Member is under 18 years.
- ”Nitro Boxing” means the Nitro Boxing Fitness Centre named in the form of the agreement
- “Ezypay” is Ezypay Pty Ltd, Locked Bag 4003, Chatswood, NSW 2057, Phone: 1300 300 553, E-mail: [email protected] All queries and comments about the Services provided under this Agreement should be directed to the Club. All queries and comments about the direct debit billing service should be directed to Ezypay. The Member acknowledges that Ezypay has been engaged by the Club to collect the fees due under this Agreement if paying by way of direct debit, and also acknowledges that all rights of the Club under this Agreement are able to be enforced by Ezypay as if it were the Club without any involvement on the part of the Club or the consent of the Member.
3. MEMBERSHIP
a. ENTITLEMENTS
Membership at Nitro Boxing Fitness Centre entitles you to:
- Workout as many times as you wish in a given period.
- Participate in normally scheduled Group Fitness classes.
- Use of exercise equipment located on the gym floor and cardiovascular training areas with an exception of the Boxing Ring.
b. OBLIGATIONS
Membership at Nitro Boxing Fitness Centre requires you to:
- Comply with all club rules. Please ensure that you read, understand and abide by all directions in the Membership Agreement
- Pay all agreed fees, ensure sufficient fees are available to cover all fees and advise us in advance if your bank account or credit card is closed or changed.
- Inform us in advance if there is any risk to your health if you participate in fitness services.
- You acknowledge that it is your responsibility to cancel direct debit facilities in respect of your membership when this agreement expires or is terminated.
c. SPECIAL CONDITIONS REGARDING MEMBERSHIP ENTITLEMENTS
- All entitlements and entry into any Nitro Boxing Fitness Centre is revoked if a member’s account is in arrears in excess of $50.00.
- If your automatic direct debit reverses or is returned to us by your financial institution Ezypay will attempt to contact you about retrying the debit. If the debit remains outstanding it will be processed within 14 days of the reversal with any reversal and late fees that apply. If you fail to pay us the fees by the due date, we are entitled to refuse you entry to the club. If unpaid fees remain outstanding, and after attempts by us to rectify the arrears your membership may be forwarded to a collection agency for further action.
d. CHANGES TO CONDITIONS
Nitro Boxing Fitness Centre membership conditions and memberships fees and charges may change from time to time. We will ensure that, at least 30 days before any proposed change, we provide you with notice of the change in writing or by email to you at the contact addresses on our records. If you do not wish to accept the proposed change you are able to terminate your membership in accordance with paragraph 4. If you do not terminate your membership your membership will be varied and continue in accordance with the change.
4. CANCELLATION / TERMINATION
In accordance with QLD Fair Trading (Health and Fitness Industry Code of Practice) your membership is subject to a 48 hour cooling off period. A cancellation request should be directed to Nitro Boxing Fitness Centre.
a. During Cooling Off Period:
In accordance with the Schedule entitled Specific and State based conditions your membership is subject to a cooling off period and may be terminated under the following conditions:
- Nitro Boxing requires a written request to terminate the membership within the timeframe specified as the cooling off period from the signing the membership agreement.
- Nitro Boxing may request an additional payment to recover costs in relation to any fitness services provided to the member within this period.
b. Outside Cooling Off Period:
Your membership may be terminated under the following conditions outside of the cooling off period:
i. Termination by Nitro Boxing Fitness Centre
- Nitro Boxing reserves the right to terminate this membership agreement in accordance with the following conditions:
- Failure to abide by any of the criteria listed in the Rules of Use.
- Action upon a complaint by either a club member or an employee (or contractor) of Nitro Boxing Fitness Centre.
ii. Termination of your membership. You must:
- Complete the cancellation form
- Finalise any outstanding membership and/or collection fees.
- Without exception, all final debits will consist of no less than the normal debit amount
- In accordance with Clauses 4 b. iii. 1-3, there will be a period of notice of 30 days unless otherwise specified by the Club between the date of request and the date of actual termination during which any payments due must still be paid in full.
5. DAMAGE & PERSONAL INJURY
To the extent permitted by law, Nitro Boxing and Ezypay excludes any liability to the Member in Agreement, tort, statute or in any other way for any injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by the Member and/or any other person, or for any costs, charges or expenses incurred by the Member, arising from or in connection with this Membership Agreement and/or the services/products provided by Nitro Boxing and/or Ezypay, and/or any act or omission of Nitro Boxing and/or Ezypay.
6. SUSPENSION
Suspensions are available for a minimum period of 2 weeks and a maximum of 4 weeks per year. Please advise staff in person at the club at least 10 days before the period requested and cannot be back dated. A fee of $4.00 per week applies to suspend your membership and is payable in advance on pre-paid memberships and non direct debit clients. Direct debit clients will have their suspension fees directly debited. Membership suspension fees do not contribute to the total minimum membership fee.
7. PAYMENTS BY DIRECT DEBIT
If paying by Direct Debit the Member agrees to pay the installment amount at the agreed payment frequency until this Agreement is terminated in accordance with Clause 4 above. Should there be any arrears in payments the Member authorises Ezypay to debit the outstanding balance in order to bring the account up to date.
8. ADMINISTRATION FEE
A one-off fee of $40.00 is payable by the Member on signing of this Agreement.
9. PRIVACY
A Customer’s “personal information” (as that term is defined in the Privacy Act 1988 (Cth)) will only be used by Nitro Boxing or Ezypay to provide you with the services contemplated by this Agreement. Ezypay’ Privacy Statement is to be found on its website www.Ezypay.com.au
10. CREDIT/DEBT REPORTING AGENCIES
If paying by Direct Debit, upon default by the Member in regard to any obligation under this Agreement and failure to remedy the default after notification by Ezypay, the Member authorises Ezypay to notify any debt collection/credit reporting agency of the default. Should this occur then at Ezypay’ sole discretion it may terminate the Agreement at which time the full outstanding balance for the remainder of the minimum term or payments (including any current arrears) shall be due in full.
11. INCREASE IN FEES
If paying by Direct Debit, Nitro Boxing / Ezypay may at any time, upon sending written notice to the Member's last known email address and giving 14 days notice, increase the installment amount. If the Member wishes to terminate this Agreement as a result of the increase in the installment amount, the Member must notify Nitro Boxing / Ezypay in writing within 14 days of the date of the written notice sent by Nitro Boxing / Ezypay. The Agreement will be terminated upon receipt of this notice. If the Member does not notify Nitro Boxing / Ezypay of its intention to terminate this Agreement within such specified time period, then this Agreement will remain in force and the increase in the installment amount will be deemed to be accepted by the Member.
12. ENTIRE AGREEMENT
This agreement, and the DDR Service Agreement (if paying by Direct Debit) constitute the entire agreement, understanding and arrangement (express and implied) between the Member, Nitro Boxing and Ezypay relating to the subject matter of this Agreement and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.
TERMS AND CONDITIONS OF EZYPAY
Please read the Terms and Conditions of Ezypay on the DIRECT DEBIT REQUEST (DDR)
Final Declaration
You warrant, declare and acknowledge that:
- The information given by you in entering this Direct Debit Request And Customer Contract is correct and will be relied upon by us.
- You have read this agreement, including the terms and conditions before accepting them below.
- This agreement will become binding upon all parties once you have ticked in the "I agree" box below and signed.
By signing below, I Agree to the above Terms and Conditions