These Terms and Conditions relate to the Membership owned and operated by Melbourne Fitness & Performance.

You must read these Terms and Conditions and all other Policies (including our Privacy Policy) before using our Services. As a member you can use our Services in line with these Terms and Conditions and all Policies.

T&C Overview

Below is a list of the key T&C's from the above document, however please read and sign the full document so you understand all terms and conditions.

1. All memberships have a 6 month minimum term other than the Rehab 2 Performance membership which has a 3, 6 or 12 month minimum term which is determined by our medical team based around the expected time to rehabilitate your injury and our Junior Athlete Development Membership which is a 12-weeks.

2. If you are under 18 years old then your parents are also required to sign this agreement.

3. If there is a dishonoured payment then Ezidebit will charge a non-refundable processing fee for each payment missed.

4. For all membership holds, we require written notice via our website, www.teammfp.com.au, and follow the link at the bottom of the page labelled "Membership Holds."

5. For all membership cancellations, we require written notice via our website, www.teammfp.com.au, and follow the link at the bottom of the page labelled "Membership Cancellations."

6. All memberships have a 14 day "Cooling Off" period whereby you may cancel your membership within 14 days of the starting date without completing the minimum term. Written notice must be given via our cancellation page found on our website, outlined above.

7. Please note that direct debits occur on Thursday's and if your membership starts on a different day then there will be a pro rata fee added to the first payment based on the number of days before Thursday.

8. Your first week of membership is included in your Initial Testing or Injury Assessment investment. This is credit is applied immediately to your account however if you do not commit to the membership after the cooling off period then the first week is charged to your account.

The Parties agree that:

1. Understanding our Memberships

We offer four (6) membership commitment types:

(a) Athletic Development – with a 6 month minimum term;

(b) Youth Athletic Development – with a 6 month minimum term;

(c) Junior Athletic Development – with a 12 week minimum term;

(d) Rehab 2 Performance – with a 3, 6 or 12 month minimum determined by our medical team based on your injury;

(e) NDIS Athlete Performance – with a 6 month minimum term;

(f) Remote Coaching – with a 6 month minimum term

Post the minimum term the contract will run week to week until you cancel or renew it for a further minimum term.

If you are under the age of 18, your parents or legal guardian will need to read and sign this Membership Application on your behalf.

The Parties agree that the member may book a coach for a single personal training session from time to time.

The price charged to the member for any single personal training session shall be the price agreed between the Parties at the discretion of the coach. Any fees incurred by the member for any personal training session shall be added to and charged upon the next date for payment of the member's week membership fee or processed at the time of the session.

2. When does your agreement start?

Accepting this agreement does not automatically entitle you to a membership. We reserve the right to reject any application, at our sole discretion.

The term of your agreement with us starts on the date that you sign this Membership Application form and the accompanying Waiver and Release of Liability form (the "Commencement Date"). In addition, all new members must complete a minimum of 4 fundamental sessions with a coach or otherwise at the coach's discretion.

3. Payment

You must pay all fees associated with your membership in advance of each week by direct debit or credit card as and when the fee falls due throughout the entire term. If you choose to pay by direct debit you authorise us to debit your membership fees from your nominated account fortnightly from your Commencement Date.

Your first week of membership is included in your Initial Testing or Injury Assessment investment. This is credit is applied immediately to your account however if you do not commit to the membership after the cooling off period then the first week is charged to your account.

If you use a credit card you must pay your membership in advance and we reserve the right to charge you a reasonable fee. Please also note that you may be charged a small transaction fee by the Credit Card payment facilitator.

You may pay your fees as far in advance as you like.

We will endeavour to contact you to inform you of any overdue payments however, it remains your responsibility to ensure that any debits are able to be made from your nominated payment method ensuring that there is enough money in your account.

Where any payment is dishonoured, Melbourne Fitness & Performance reserves its right to charge the amount of $20.00 to cover the agreed costs associated with each dishonour. If there are multiple failures to meet your payment obligations under this agreement but without prejudicing our right to recover any overdue payments, your membership may be suspended or cancelled by us giving notice to you. Where any payment due to us is not paid in full by the due date, we may suspend your access to the gym or certain personal training or other services in our discretion until your payments are up to date. Where any amount is outstanding we will continue to debit your nominated account without notice, until we have received the total amount you owe us.

We reserve the right to increase your fees at any time after the minimum term of your agreement has ended on giving 14 days written notice.

All agreement fees include goods and services tax (GST).

4. Membership Holds

You can place your membership on hold for a single period of 7 days, or otherwise up to our discretion, limited only to 1 hold per contract. Upon expiration of the hold period that you select, your account will automatically reactivate and regular membership payments will resume.

To place a membership on hold you simply need to go to our website www.teammfp.com.au under the "Membership Holds" tap at the bottom of the page.

Membership hold requests must be submitted no less than 7 days before your forthcoming scheduled renewal date. Invoice amounts will not adjust if the membership hold is placed within a billing cycle. Future invoice dates are adjusted to account for the hold.

Before requesting a hold of your membership you must ensure that all your fees are up to date and you don't owe us any money.

5. Membership Cancellation

You will be entitled to terminate your membership within 14 days from the date in which you sign this Membership Application (the "Cooling Off Period"). Should you exercise your right to terminate during the Cooling Off Period, you will be required to immediately pay all fees associated with your membership for that fortnight.

After the Cooling Off Period, you can cancel your membership at anytime on giving us 14 days written notice.

When you cancel your membership you must pay us any fees you owe and we reserve the right to take legal action to recover them. If required to take legal action to recover any amounts owing to us, you agree to indemnify us for our legal fees on a solicitor-client basis.

If you cancel your membership after the Cooling Off Period and before the expiry of the minimum term of your membership, the entire amount owing under your membership contract for the remaining minimum term shall become immediately due and payable by you. If the remaining minimum term is less than 30 days, then you will be required to pay an early cancellation penalty equivalent to two fortnightly invoices.

All requests must be made through our website www.teammfp.com.au under the "Membership Cancellation" tap at the bottom of the page.

There will be no refunds of payments due to notice of cancellation within the 14 day Cooling Off Period.

All contracts are auto renewing. To ensure your direct debit does not continue past your minimum term you must give us written notice within this term.

If you don't follow the rules, we may be placed in a position to cancel your membership. This might happen for example if you don't pay your fees on time or you act in a way that is not in line with our rules or you are harmful to another member. We may also cancel your membership if we believe that your actions may cause legal liability for you or others at the Gym or in our sole opinion we believe your conduct, acts or omissions threaten, interfere or impact upon the integrity or credibility of Melbourne Fitness & Performance.

If you feel we are in breach of this agreement please contact us.

6. What are your responsibilities?

You must meet your responsibilities, including payment of membership fees during the term of your membership. You must tell us about anything that may affect this.

As a member you agree:

(a) to ensure that you exercise properly and strictly comply with the instructions and standards of the coaches;

(b) to complete all fundamentals sessions as required and to train strictly in accordance with the core principles of the coaches;

(c) to not commit theft of any kind;

(d) that at all times all information discussed by coaches or any login details is confidential and you agree to keep it this way;

(e) that our material and information is protected by intellectual property rights and that you will not copy, reproduce, alter, modify, create derivative works, sell or licence any materials or information of ours except with prior written consent;

(f) to notify us immediately if you suffer any health related condition, or if any of your answers in the Health Background Screening above have changed;

(g) to act in accordance with any club rules that we give you or make available from time to time;

(h) to not rely on any advice given to you by a coach.

We will only use or disclose any personal information we collect about you in accordance with our Privacy Policy (accessible on the website).

7. Cancellation or rescheduling of Personal Training appointments

There is a strict requirement that you must give a minimum of 24 hours' notice for any appointment cancellation or rescheduling of any personal training session. If you fail to provide us notice within this time we may charge you (at our unfettered discretion) the full fee for the activity. There will be no refunds of payments due to inadequate notice of cancellation.

8. 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.

9. No Warranty and Disclaimer

Our staff and contractors are not medically trained. They are not qualified to assess whether you can access the gym or perform activities without risking your health, safety or comfort. You should not rely on any information given to you by us, and it is in no way intended to replace advice from a professional doctor, dietician or otherwise to be a substitute for professional medical advice. If you have any doubts we urge you to seek expert advice before starting any exercise.

Our gym, equipment, materials and information are provided without any representations or warranties express or implied. All materials and information we provide you is given to the extent permitted by law, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of any materials or information, and without warranty of any kind, express or implied, including but not limited to warranties of performance, merchantability, and fitness for a particular purpose, or that certain results will be achieved through following and reliance on any information or materials or the use of our gym and equipment.

10. Program adherence

There is an expectation that you will follow the programming and coaching instruction provided by Melbourne Fitness & Performance, such as that we expect you to do the training we program for you and we expect people to be coachable and willing to take instruction.

11. Waiver and Release of Liability

You agree to be bound by the Waiver and Release of Liability accessible on our website and its terms are made a part of this agreement by this reference. If you terminate the agreement or stop the automatic debit arrangement in a manner not described in the Agreement, then you may be liable to pay us any unpaid fees, or fees incurred by us in collecting the debt (including legal costs on a solicitor own client basis).

12. Indemnity

You agree to indemnify and hold us harmless from and against any actions, claims, demands, proceedings, loss of every kind and nature known and unknown, including solicitors' fees (on a solicitor and own client basis) and claims by third parties due to or arising out of your breach of these terms, your violation of any law or our breach, acts or omissions in respect of these terms.

13. General

(a) This agreement is governed by the laws of Victoria and the Commonwealth of Australia which are in force in Victoria and the parties submit to the jurisdiction of the Court of Victoria, relevant Federal Courts and Courts competent to hear appeals from them.

(b) Whenever possible, your details will only be known by those directly concerned with you.

(c) Should you have a complaint please talk to us first so we can assist you.

(d) Your membership is non-transferable unless we permit it and you agree that we may assign it.

(e) For security purposes we use video and audio surveillance equipment to monitor the gym.

(f) You acknowledge and agree that notices and communications with you may be done through electronic means such as email.