These Terms and Conditions relate to the Online 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 read and approve this agreement.

3. If there is a dishonoured payment then our direct debit provider may charge a non-refundable processing fee for each payment missed.

4. For all membership cancellations, we require written notice via our website, www.teammfp.com.au, which can be found at the bottom of the page labelled "Membership Cancellations."

5. For weekly memberships, please note that direct debits occur on day of sign up and re-occur each week on that day.

The Parties agree that:

1. Understanding our Memberships

We offer two (2) online membership commitment types:

(a) Online Coaching; $55/week for a minimum of 12-weeks

(b) Online Programming – $15/week for a minimum of 4-weeks

Post the minimum term the contract will run week to week until you cancel.

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.

2. 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 weekly from your Commencement Date.

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 $10.00 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 program 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).

5. Membership Cancellation

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 https://www.teammfp.com.au/membership-cancellations which can be found at the bottom of the home page.

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 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) 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;

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

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

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.

10. Program adherence

There is an expectation that you will follow the programming and instructions provided by Melbourne Fitness & Performance, such as that we expect you to do the training we program for you.

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