Purebred Fitness - Payment Method Form

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Terms and Conditions

Terms & Conditions

We/ Purebred means: Purebred Fitness Pty Ltd

Purebred Facility means: Unit 1, 16 Endeavour Road, Caringbah NSW 2229 and any other premises that Purebred operates from.

1. You have applied for membership at the Purebred facility and your application has been accepted by us on
the membership terms and conditions set out herein (“Agreement”).
2. All written notification to Purebred pursuant to this agreement must be made by way of email correspondence to info@purebredfitness.com.au.

Initial Membership Term

3. Following the conclusion of 7 day free trial, you agree to pay an upfront non-refundable $50 signup fee.
4. You will be required to attend a free personal training session with a qualified coach prior to the commencement of your contract, unless otherwise agreed between you and an employee of Purebred.
5. Your Initial Membership Term will be for a minimum period of six months commencing on the above Membership Start Date, unless otherwise agreed by us in writing (“initial membership term”) 
6. Your Initial Membership Term will expire 6 months from the above Membership start date. 
7. In the event of a forced closure to Purebred, as a result of Public Health Orders and/or natural disaster/s,
Purebred retains the sole discretion to extend or vary your Initial Term Expiry date.
8. When your Initial Membership Term concludes, your membership will continue on a weekly basis
(“Continuing Membership”) on the below mentioned terms.

Continuing Membership Term

9. Your continuing membership will commence immediately following the conclusion of the initial membership
term until such time that you or Purebred terminate this Agreement in accordance with the terms as set out
in the Agreement.
10. Your membership fees are as stated and agreed at the time of executing this agreement (“standard
membership fees”).
11. Your continuing membership period will terminate 30 days after you provide Purebred with written
notification by email that you intend to terminate your membership (“Termination Notice Period”); or we
terminate your membership.
12. If an automatic debit arrangement is in place, membership fees will continue to be debited from your nominated account until you or we cancel the arrangement by notifying your bank or credit provider. 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 Purebred for damages and breach of contract.

Membership Fees

13. Following your initial membership term, you agree to pay the standard membership fee for your
membership type as stated herein or indicated by Purebred noting that Purebred is at liberty to increase
the standard weekly fee amount on all membership types, providing a minimum of 60 days’ notice is given.
14. The membership fee will be paid during the Initial Membership term and Termination Notification Period.
15. You agree to comply with the terms of this Agreement.
16. You acknowledge that you have been given the option of choosing a membership based on periodic billing
(on a weekly basis) or pre-payment basis.
17. Prices stated in this Agreement are inclusive of GST.

Weekly membership fees:

18. The membership fees will be debited from your nominated bank account/credit card as authorised by you.
19. You will sign all documents necessary to ensure that the weekly payment can be made by direct debit.
20. You agree that the membership fees are payable, even if you do not use the Purebred facility, until this
Agreement is terminated.
21. It is your responsibility to ensure sufficient funds are in the nominated account when weekly payments are
to be drawn and if a debit is unsuccessful, you will be responsible for the payment of an administrative fee
of$14.90per unsuccessful debit. We may, in our absolute discretion, debit up to a maximum of three
standard weekly debit amounts without notice should the prior debits be unsuccessfully processed.
22. You agree to pay a $25.00 late fee if your weekly payment is received past the due date and/or any fee
associated with returned payments or non-payment.
23. Should you default, you agree to pay all collection costs including agency fees or administrative charges,
court or arbitration costs and reasonable legal fees, which may be paid or incurred by Purebred Fitness
Pty Ltd.
24. You agree that Purebred, a third party, their agents and assignees may send communications to you
including late payment notifications and other related correspondence.
25. The membership fees are non-refundable.
26. You authorize our biller to deduct from your nominated account all fees and other charges you are
responsible for under this Agreement. You must keep your account details up to date.

Varying Membership Type during Continuing Membership Term

27. Any varying of membership types must be submitted via email.
28. You are only entitled to submit an application to vary your membership type to a lower membership fee,
once every six months.
29. Following receipt of your email, Purebred has a 7-day period in which your varied membership type and
amount to be debited will be completed.
30. Upon cancellation of membership, Purebred is entitled to charge the current weekly membership fee as at
the date of your termination notice.

Membership Holds and Transfers

31. A request for transfer of membership must be made via email nominating the proposed transferee.
32. A transfer will not be effected until confirmation that all membership fees are paid to date and that the
transferee’s membership application is accepted on terms no less than that of the transferor’s Initial
Membership Term.
33. Purebred retains sole discretion to approve a transfer of your membership to another individual who is not
a member of Purebred.
34. Purebred may temporarily place your membership on hold for purposes of travel or medical reasons for a
maximum period of four weeks per calendar year, if all associated fees and payments subject to your
membership terms are paid to date.
35. A request for membership hold must be made via email, seven days prior to any temporary hold being
made.
36. Purebred has sole discretion to extend the membership hold period for longer than four weeks, on a
reduced weekly rate.

Class cancellation Fees:

37. You agree to pay a $8 class cancellation fee (or as otherwise advised by Purebred) for failure to attend
booked class or if you cancel a booked class within the 12 hour time period, or as determined at Purebred
Fitness’ sole discretion and communicated via Purebred online communication systems.

Cancellation of membership

38. During cooling off period: You may terminate this Agreement within the 7 day cooling off period, after
entering into this Agreement by providing Purebred with written notification by email, indicating that you
are exercising your cooling off rights and such notice must be emailed before midnight of the seventh day
after you sign this Agreement.
39. Cancellation before completion of the Initial membership term: You may terminate this Agreement
within the Initial Membership Term by providing Purebred with 30 days’ written notification by email that
you intend to terminate this Agreement within the Initial Membership Term and are required to pay a $100
early cancellation fee (“cancellation fee”). Payment of the cancellation fee will be at the sole discretion of
Purebred.
40. Cancellation after the Initial Term Expiry: You can cancel your membership during the Continuing
Membership Period by giving Purebred 30 days’ written notification of your intention to terminate this
Agreement. Your cancellation notice must be emailed.
41. Your 30 day Termination Notice Period commences on the date the notice is received. Weekly payments
will continue to be debited from your account during the Termination Notice Period.
42. Medical cancellation: You may cancel the Agreement for medical reasons by providing medical
certification (that your use of the club facilities and services would impair your health) by medical
practitioner and such documentation must be provided in written confirmation.

Promise of Good Health:

43. As at the date of executing this Agreement, and on each occasion that you use the facility, you promise to
us that you are in good physical condition; and that you are not aware of any medical reason, nor other
reason being physical, psychological or medical conditions which may be exacerbated or made worse in
any way as a result of your participation in a training session.
44. Purebred, its employees, agents and subcontractors are not medically trained. They are not qualified to
assess if you are in good physical condition and able to exercise without risking your health, well-being,
safety or comfort. If you have any doubts, we strongly urge you to seek expert medical advice before
starting an exercise program.
45. If you believe there is a risk to your health from doing any of the session activities, you must not to participate
in them.
46. You agree not to participate in training sessions while suffering from an infection, or a contagious illness, or a
physical ailment, such as an open cut or sore, or where there is any other risk, however small, to other
participants.
47. Purebred and its trainers reserve the right to not allow your participation and the use of the Purebred facility if
it appears you are unwell or not in a condition to train safely.

Response to COVID-19

48. Purebred holds the right to undertake temperature checks as a condition of entry into the facility. In the
event you return an elevated temperature, we will ask that you stand aside and be re-tested to confirm that
the reading is accurate. If there is a further reading of an elevated temperature, you will be required to
leave the facility and immediately seek medical attention. Access to the facility will be denied until medical
evidence is produced to confirm your medical status.
49. The facility will continue to comply with Federal and State Government restrictions including but not limited
to Public Health Orders. Purebred retains the right to implement such restrictions and Public Health
Orders at their sole discretion.

Social Media

50. Photos, films, videos or audio recordings are sometimes taken of members for promotional purposes. By
executing this Agreement, you agree to allow your image or recording to be used for any legitimate
purpose by Purebred and you assign your rights to any such material to Purebred.
51. You agree that the Purebred may send to you by email a copy of its newsletter, other promotional material
or all information regarding services, offers, etc.

Security and Maintenance

52. Security: The facility has CCTV security cameras recording 24-hours per day, 7 days per week. This
system is used for security purposes but does not guarantee against harm.
53. Theft or loss of Property: You promise not to bring valuables into the facility and agree that it is not the
obligation of Purebred, its employees, agents or subcontractors to look after any property owned by you.
54. Maintenance of Facilities: Purebred may from time to time be required to close temporarily, for a period
of up to 14 days each year for maintenance purposes. Purebred reserves the right to charge each
member a reduced weekly membership fee during such time. You will be given a minimum 30 days’ notice
of any temporary closure. During such times, Purebred will ensure alternate services are offered,
including but not limited to Personal Training, Outdoor and Online programming.

Statutory Obligations and guarantees

55. Under the Australian Consumer Law (“ACL”) we guarantee that the services we supply:
i. Are provided with due care and skill;
ii. Are reasonably fit for any purpose you have told us you are using the services for or told
us you wish to achieve and/or;
iii. Are supplied in a reasonable time.
a. Under certain legislative provisions, however, we can ask you to accept some limitations to the
ACL guarantees.
b. If you sign this Agreement, you agree, to the extent allowed by section 139A of the Competition
and Consumer Act (“CCA”), to exclude or modify our liability to you for death or injury from our
failure to comply with ACL guarantees.
c. This exclusion does not apply if your death or injury is caused by our “reckless conduct” (as
defined in the CCA).
56. You agree, subject to any relevant legislation that applies, to release Purebred and the trainer for any loss or
damage arising from any death, personal injury or illness related to training sessions (at or away from
Purebred), or from using the facilities or equipment.
57. Other implied terms: Nothing in this Agreement excludes, restricts or modifies any terms, conditions,
warranties, guarantees rights or remedies which cannot lawfully be excluded, restricted or modified.
Otherwise, unless expressly included in this Agreement, all implied terms, conditions, warranties,
guarantees, rights or remedies that can be lawfully excluded are excluded.
58. Complaints procedure: If you have any concerns, you should first raise it with our employees. If you do not
wish to approach a Purebred employee, or are not happy with the response given you may send written
notice of complaint.
59. Waiver: If we do not enforce our rights under this Agreement at any time, it does not mean that we may not
do so in the future.
60. Entire Agreement: You agree that we have not made any representations or promises that you have relied
on that are not set out in this Agreement.
61. Warranty: You warrant that all information that you have provided to us is accurate and true. You further
warrant and represent that you do not have any medical or mental condition or disability, or disease, which
could become worse during exercise or result in damage to your health if you exercise or engage in any
physical activity at Purebred.
62. Subject to any relevant legislation, you acknowledge that you are responsible for any injury that you may
suffer as a result of your participation.
63. Severability: If a Court determines that any party of this Agreement is (or becomes) illegal, invalid or
unenforceable, then it is severed and the remaining terms of this Agreement will not be affected and will
remain in full force.
64. Applicable Legal Jurisdiction: This Agreement is governed by the laws of New South Wales.
65. Minimum Age: You must be at least 14 years of age to become a member. If you become a member prior
to being 16 years of age, a parent or legal guardian must sign this membership agreement. If you become a
member at age 16 or 17, a parent or guardian must co-sign this membership. Whilst you are under 18 years
of age, you cannot attend the facility, nor use any gym equipment unsupervised, without a personal trainer
present.
66. Minors: As parent and/or guardian of a minor, you hereby agree to be fully responsible for any and all
actions, damages, injuries, or loss to property or person, performed by the minor with or without your
supervision in Purebred. You further agree that any breach of Purebred’s policies on the minor’s part may
constitute loss of minor’s and/or your membership privileges.
67. If you bring an animal to the Purebred facility, you are responsible for any damage caused to any person or
property and responsible to restrain the animal.

General Terms for your participation
68. These terms apply to your participation in Purebred group training sessions, personal training sessions and
any other training completed at the Purebred facility.
69. You acknowledge that Purebred sessions are strenuous and require a high level of skill and fitness.
70. Personal training services provided by Purebred may be provided either by employees or by independent
contractors operating their own business.
71. It is your responsibility to wipe down the equipment, un-rack the weights, and put away any equipment you
use.
72. You must use the safety features of the equipment. If you are unsure of how to use a machine, you must
obtain instructions from the staff or personal trainers and only use it under appropriate supervision.
73. Horseplay, vulgar language, abuse of equipment, working out while intoxicated, failing to follow reasonable
instructions by us, or other inappropriate behavior will not be tolerated and may result in the suspension or
cancellation of your membership, and a cancellation fee of up to $250.00 being immediately payable.
74. We warn you that, whilst in Purebred or participating in any Purebred supervised group training session (at or
outside of Purebred), you may suffer injuries including broken bones, soft tissue injuries and joint injuries.
These injuries may occur as a result of the type of training exercises, the use of equipment, interaction with
other participants or other activities associated with the training sessions.
75. You agree that in the event you leave a class prior to the completion of the class, including but not limited to
an adequate warm down and stretch, you are solely responsible for any damage or injury arising from any
death, accident, injury or illness.

Mindbody Debit Service Agreement

1. By agreeing to the Direct Debit Request you authorise Stripe to arrange for funds to be debited from your nominated financial institution account (the "nominated account").  Stripe is acting as an agent for the Merchant and Stripe does not provide any goods or services to you.
2. Stripe or the Merchant will give you at least 14 days notice in writing of any changes to the terms of the drawing arrangements.
3. Stripe will keep information relating to your nominated account confidential in accordance with Stripe’s [privacy policy](https://stripe.com/au/privacy), except where required for the purposes of conducting direct debits with your financial institution.  Your personal information will be transferred by Stripe to the United States.  If you do not want to provide your personal information to Stripe in connection with the Direct Debit Request, Stripe will not be able to debit your nominated account.
4. Where the due date is not a business day Stripe will draw from your nominated financial institution account on the next business day.
5. It is your responsibility to:
    a. Ensure your nominated account can accept direct debits;
    b. Ensure that there are sufficient clear funds available in
    the nominated account to meet each drawing on the due date;
    c. Advise immediately if the nominated account is transferred
    or closed or your account details change;
    d. Arrange a suitable payment method if Stripe or the Merchant
    cancels the drawing arrangements;
    e. Ensure that all authorised signatories nominated on the
    financial institution account to be debited authorise the
    Direct Debit Request.
6. Subject to the terms and conditions of your nominated financial institution account and your agreement with the Merchant, you may alter the drawing arrangements. Such advice should be received by the Merchant at least 7 business days prior to the drawing date for any of the following:
    a. Changing your nominated account number
    b. Deferring a drawing
    c. Altering a DDR schedule
    d. Cancelling the drawings completely

    If you require further information, please contact the
    Merchant.
    Alternatively, you can also contact your financial institution.
7. If you believe that there has been an error in debiting your account, you should notify the Merchant as soon as possible. The Merchant will notify you in writing of its determination and the amount of any adjustment that will be made to your nominated account (if any).  Stripe will arrange for your financial institution to adjust your nominated account by the applicable amount (if any). Alternatively, you can also contact your financial institution.
8. The details of your drawing arrangements are contained in the above Direct Debit Request.
9. Stripe reserves the right to cancel the drawing arrangements if three consecutive drawings are dishonoured by your financial institution, and for the Merchant to arrange with you an alternative payment method. Please refer to the terms and conditions of your nominated financial institution account to see whether dishonour fees apply. The Merchant may charge additional dishonour fees in accordance with your agreement with the Merchant.

I have read, understood and agree to the Terms & Conditions

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