Before signing your Rocky Lake CrossFit membership agreement please take the time to read the following terms and conditions of your membership. 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.
2. DEFINITIONS In this Agreement unless the contrary intention appears: a. The singular includes the plural and vice versa. b. A reference to a party includes that party’s legal personal representative heirs and assigns. c. “Member“ includes the parent or guardian of the Member if the Member is under 18 years. d. ”Rocky Lake” means the Rocky Lake CrossFit named in the form of the agreement.
3. RECEPTION AND ACCESS will only be granted by Rocky Lake staff to member, guests and prospective clients.
4. DRESS CODE Fully enclosed, clean sports shoes must be worn during workouts for safety reasons.
5. CHILDREN Children under 14 years of age who are not members of Rocky Lake CrossFit are not allowed anywhere within our box.
7. USE OF EQUIPMENT We ask that you return weights and bars to their racks when you have finished with them. This includes unloading plates from bars when you have finished useing them. This rule applies to equipment also used in all classes.
8. LOST PROPERTY Rocky Lake does not take responsibility for loss or damage of your belongings. Any items of lost clothing will be held for two weeks, and then donated to charity.
a. ENTITLEMENTS Membership at Rocky Lake entitles you to: i. Workout as many times as specified in the membership details (different for every membership). ii. Participate in normally scheduled classes. iii. Use of equipment located in the box.
b. OBLIGATIONS Rocky Lake requires you to: i. Comply with all box rules. ii. 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. iii. Inform us in advance if there is any risk to your health if you participate in fitness services. iv. 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 i. Rocky Lake reserves the right to make changes to equipment supplied in its box at any time. Rocky Lake also reserves the right to make changes to the schedule at any time. (ie. alter class type, times and coaches). ii. All entitlements and entry into Rocky Lake is revoked if a member’s account is in arrears in excess of $50.00. iii. If your automatic direct debit reverses or is returned to us by your financial institution we 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 Rocky Lake CrossFit reserve the right to change the conditions contained in Clause 11 by providing you with one month advance writen notice of any changes.
10. CANCELLATION / TERMINATION This agreement is subject to a cooling off period (see Schedule entitled Specific and State Based Conditions). A cancellation request should be directed to Rocky Lake CrossFit. 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: i.Rocky Lake requires a written request to terminate the membership within the timeframe specified as the cooling off period from the signing the membership agreement. ii. Rocky Lake 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. Permanent Sickness or Physical Incapacity: 1. Goodlife requires a written request for termination advising the nature of the illness or physical incapacity, outlining specifically how this prevents you from utilising any of the services or facilities that Rocky Lake is able to provide. 2. Rocky Lake requires a medical certificate stating that you cannot utilise any services or the box because of your permanent illness or physical incapacity. 3. Payment of 10% of the minimum membership fee or $20.00 (whichever is less) ii. Termination for any reason (other than Clause 12 b. i. above) 1. Rocky Lake requires that a Resignation Request Card/Form be completed. 2. Rocky Lake requires that the remaining balance of the minimum membership fee be paid to the club in a one off payment as full and final settlement. (plus any outstanding fees owed). 3. The Minimum Membership Fee amount is written on the front of the membership agreement form. The Member may terminate this Agreement before the expiry of the minimum term or payments only if all the instalments and fees due up to the date of the expiry of the minimum term are paid. After the expiry of the minimum term or payments, and after all instalments and fees due have been paid in full, should the box on the front of this Agreement requesting termination at minimum term be marked then this Agreement shall automatically terminate. Should the box on the front of this Agreement requesting termination after the minimum term not be marked, then this Agreement shall continue indefinitely until such time as the Member makes a request, after the expiry of the minimum term for it to terminate. Any instalments/fees due at the date of termination (including instalments/fees which fall due during the notice period) will remain a debt owed to and recoverable by Rocky Lake. The Member shall not consider that this Agreement has been terminated until such time as this is confirmed in writing to the member (not more than 14 days after the termination date). Termination of this Agreement will also terminate the Direct Debit Request Authority or Direct Credit Request Authority. iii. Termination by Rocky Lake 1. Rocky Lake reserves the right to terminate this membership agreement in accordance with the following conditions: a. Failure to abide by any of the criteria listed in the Rules of Use. b. Action upon a complaint by either a club member or an employee (or contractor) of Rocky Lake. iv. Termination of your membership once you have met the Minimum Membership Fee obligation. You must: 1. Complete a Rocky Lake Resignation Request Card/Form. 2. Finalise any outstanding membership and/or collection fees. Termination of this Agreement will also terminate the Direct Debit/Credit Request Authority.
11. DAMAGE & PERSONAL INJURY To the extent permitted by law, Rocky Lake 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 Rocky Lake CrossFit and/or any act or omission of Rocky Lake CrossFit.
12. SUSPENSION Suspensions are available for a minimum period of 2 weeks and a maximum of 4 weeks per year. A suspension form must be completed in person at the club at least 10 days before the period requested and cannot be back dated.
13. PAYMENTS BY DIRECT DEBIT If paying by Direct Debit/Credit the Member agrees to pay the instalment amount at the agreed payment frequency until this Agreement is terminated in accordance with clause 10 above. Should there be any arrears in payments the Member authorises Rocky Lake CrossFit to debit the outstanding balance in order to bring the account up to date.
14. CREDIT/DEBT REPORTING AGENCIES If paying by Direct Debit/Credit, upon default by the Member in regard to any obligation under this Agreement and failure to remedy the default after notification by Rocky Lake CrossFit, the Member authorises Rocky Lake to notify any debt collection/credit reporting agency of the default. Should this occur then at Rocky Lake’s 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. The Member authorises Rocky Lake to add to the outstanding debt a fee of $50 and an amount equivalent to 25% of the full outstanding balance (being Rocky Lake CrossFit’s expenses reasonably incurred in collecting the debt) upon initial referral to the debt collection/credit reporting agency.
15. INCREASE IN FEES If paying by Direct Debit, Rocky Lake may at any time AFTER the end of the minimum term, upon sending written notice to the Member's last known address and/or e-mail address and giving 14 days notice, increase the instalment amount. If the Member wishes to terminate this Agreement as a result of the increase in the instalment amount, the Member must notify Rocky Lake CrossFit in writing within 14 days of the date of the written notice sent by Rocky Lake CrossFit. The Agreement will be terminated upon receipt of this notice. If the Member does not notify Rocky Lake CrossFit of its intention to terminate this Agreement within such specified time period, then this Agreement will remain in force and the increase in the instalment amount will be deemed to be accepted by the Member.
16. ENTIRE AGREEMENT This Agreement constitute the entire agreement, understanding and arrangement (express and implied) between the Member and Rocky Lake CrossFit relating to the subject matter of this Agreement and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.
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