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Bibra Lake
Canning Vale
Cockburn
Jandakot
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CLUB:
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BIBRA LAKE
CANNING VALE
COCKBURN
JANDAKOT
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GENERAL ENQUIRY
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WHAT DO YOU NEED ASSISTANCE WITH? - ADMIN
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PLEASE CHOOSE A REASON WHY
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MEMBERSHIP PRICE (PER WEEK/PW) (BIBRA LAKE)
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MEMBERSHIP PRICE (PER WEEK/PW)
MEMBERSHIP PRICE (PER WEEK/PW)
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TERMS & CONDITIONS
Consent
(Required)
I confirm that I wish to variate my membership and agree that I have been provided with information on my new membership type or cancellation, including any additional charges, notice periods and/or extension to minimum commitment periods that may be applicable. I accept all terms and conditions to the verse side of this document
(Required)
Consent
(Required)
I agree to the Cancellation Policy
(Required)
COOLING OFF PERIOD
i) The cooling off period commences at the close of business on the date of signing. ii) The cooling off period is 7 days, or the equivalent of seven (7) days. iii) New members have the right to cancel their membership within the cooling off period if they are not completely satisfied with the services and programs provided by Roar Active. iv) Any membership fees that have been paid are eligible for a refund. v) A refund can be provided for any access tag or band purchased should a member not wish to retain this for later use. vi) The $10 administration charge is not refundable. vii) All cancellations must be in writing to the Club within the cooling off period.
DIRECT DEBIT OUTSIDE OF CONTRACT COMMITMENT PERIOD
i) Cancellation requires 30 day’s notice and must be given in writing. Our preferred means for any cancellation request is via a Membership Variation Form provided by staff upon the
cancellation request. ii) Cancellation will only be accepted if the membership fees are up to date or arrears are paid in full at the time of cancellation. iii) Members within the 30-day notice period will incur all scheduled billing debits within the notice period. iv) Access to the facility across this time is permitted. v) For a cancellation to take effect, the payments across the notice period must debit successfully and not reject. In the event that a payment rejects, the member account will not close down at the conclusion of this notice period, thus the membership will also not cancel down. Additional fees may also apply.
DIRECT DEBIT INSIDE OF MINIMUM TERM CONTRACT
The minimum term commitment of the contract must have lapsed, aligning the contract with the set agreed contract date, unless the cancellation occurs within the seven (7) day cooling off period. b) A cancellation request inside of a minimum term contract will only be permitted for the following two (2) reasons:
c) LONG TERM ILLNESS / INJURY
i) A long-term illness or injury that precludes physical exercise that is supported by a medical
certificate issued by a Specialist Practitioner will be permitted at Managements discretion.
A GP notice of “unfit for the gym” will not be sufficient to break the minimum contracted
term. ii) Accompanying this medical certificate, a cancellation within the minimum term contract due to long term illness or injury, will also require a paid notice period of 30 days and must be given in writing on a Membership Variation Form. iii) Members within the 30-day notice period will incur all scheduled billing debits within this
notice period. iv) For a cancellation to take effect, the payments across the notice period must debit successfully and not reject. In the event that a payment rejects, the member account will not close down at the conclusion of this notice period, thus the membership will also not cancel down. Additional fees may also apply.
d) RELOCATION
i) A permanent move in residence (greater than 10km from any Roar Active facility) that is
supported with a proof of new residence notice (i.e., Utility notice, Change of Address
notice etc) will be permitted at Managements discretion. ii) A cancellation within the minimum term contract due to relocation will require a notice period of 30 days and must be given in writing on a Membership Variation Form. iii) Members within the 30-day notice period will incur all scheduled billing debits within this notice period. iv) For a cancellation to take effect, the payments across the notice period must debit successfully and not reject. In the event that a payment rejects, the member account will not close down at the conclusion of this notice period,
COMPANIES RIGHT TO TERMINATE MEMBERSHIP AGREEMENT
The company, if a member fails to act in accordance with any obligation under this agreement and/or the club ‘Terms of Use’ displayed throughout the facilities, can proceed to terminate a membership held by any member. b) If the company cancels this agreement on the grounds specified above, no payments made for the sign-up fee, membership fees, the cancellation fee and any other fees payable for further fitness services already supplied leading to the date of termination, will be refunded. c) Roar Active may cancel membership by written notice to the member on grounds of indecent behaviour, harassment and/or bullying or disregard to equipment and other members. If a member fails to treat the Club.
Consent
(Required)
I agree to the Suspensions Policy
(Required)
Suspensions may be possible under the terms of this agreement:
a) For any suspension request, a minimum of 72 hours is required to allow time for processing, a Membership Variation Form must be completed. b) Suspension due to medical reasons are subject to individual consideration and may incur charges (see below). Evidence (medical certificate) is required to be provided and will only be permitted at Managements discretion. c) Members who require extensions to their suspension time must inform the Club a minimum of 72 hours before the end of their suspension. d) Membership suspension time will not be approved if the respective member’s payments are not current and up to date. e) A suspension fee of $0.71 per day will be charged in replace of the membership direct debit contracted amount, this amount to be paid automatically once the request has been processed. f) The minimum suspension duration is a two (2) week period, with a maximum of twelve (6) weeks per membership year.
g) In the event the membership is within the initial commitment period of the contract agreement, for the duration the membership is suspended for, the contract will extend out for this period taken under suspension to see the minimum contractual payments adhered to. (h) In the event the member has opted for a membership that is a Paid in Full membership (PIF), normal suspensions rules and charges apply. (i) For any time taken under suspension in this PIF membership type, the membership will extend for the same length of the duration of the suspension.
Suspension Policy:
(Required)
I agree to the automatic charge
Kindly note that a daily charge of $0.71 will be automatically charged once the request has been processed, unless you have submitted the necessary documentation, such as a medical certificate. Additionally, please be aware that your debit day will be adjusted to coincide with the day your membership becomes active after the freeze.
Example: By choosing to freeze your account for a duration of 14 days, a fee of $9.94 will be applied once the request has been processed.
Suspension Policy:
(Required)
I agree to the automatic charge
Kindly note that a daily charge of $0.35 will be automatically charged once the request has been processed, unless you have submitted the necessary documentation, such as a medical certificate. Additionally, please be aware that your debit day will be adjusted to coincide with the day your membership becomes active after the freeze.
Example: By choosing to freeze your account for a duration of 14 days, a fee of $4.90 will be applied once the request has been processed.
Consent
(Required)
I agree to the Variation Policy
(Required)
A member is able to variate their membership given the following clauses are adhered to: a) Member completes a Membership Variation Form requesting for a nominated change to their membership type. b) In the event a member wishes to upgrade their membership to a Premium service (Active / Active Plus or Active Black) a member can do this (at any time) providing that their membership fees are up to date, or arrears are paid in full at the time the variation request is made. c) In the event a member wishes to downgrade their membership to a lower service offering, a member can do this providing that their membership fees are up to date, or arrears are paid in full at the time the variation request is made. In conjunction with this, providing that the member is outside their contracted minimum commitment period, a 30-day paid notice period to downgrade will apply at the current contracted price before the variation will take effect. d) In the event the member wishes to variate but is still within their contracted minimum commitment period, the remaining term of the member contract will apply before the downgrade can take effect, with the exception of variating between a Premium service of either Active /Active Plus or Active Black. e) In the event a member wishes to variate outside of the Premium services, and that the remaining minimum commitment period is greater than the 30-day period required to variate, the downgrade will not take effect until this period lapses. f) In the event that a member wishes to variate outside of the Premium services, and that the
remaining minimum commitment period is less than the 30-day period required to variate, the 30- day notice period to variate will apply from the date of the variation request stated on the Membership Request Form. g) Once a member downgrades to a new membership type, a new minimum commitment period will commence. h) A member cannot variate down to a lesser membership type due to grounds of not being able to book into classes on their preferred days and times. In the event this is the case, the member must see out the full contract conditions as agreed to when entering into their membership agreement.
Consent
(Required)
I agree to the ongoing membership agreements
(Required)
All contracts, unless otherwise stated, are deemed to be “ongoing membership agreements.” The agreement will continue until either the member or Roar Active terminates it in the way described in the agreement. If an automatic debit arrangement is in place, membership fees will continue to be debited from the member’s nominated credit card or bank account until the member or Roar Active cancels the arrangement. If the member terminates the agreement or chooses to stop the automatic debit arrangement in a manner not described in the agreement, the member will be liable to the Club for damages for breach of contract. Each rejecting debit will further incur a $10 rejection fee.
Consent
I agree to Terms & Conditions
1. INTRODUCTION
By signing the Agreement you acknowledge and agree:
• You have been given a copy of this Agreement and agree to abide by your obligations in it;
• 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 offered by ROAR Active first may pose a risk to your health;
• This Agreement also relates to your authority to any Third Party Payment Provider nominated by ROAR Active from time to time to direct debit your nominated bank account or credit card for any instalments or fees due under the terms of that the nominated Third Party Payment Provider’s Direct Debit Request and Service Agreement provided to you.
• As a Member, you can use our Club in line with these Terms and Conditions, including the Club code.
2. DEFINITIONS
• ROAR Active, We, Us, Our:ROAR Active 247 Pty Ltd. ABN number 23 600 170 983, PO BOX 1582, Bibra Lake, WA 6163.
• You, Your, Member:You, Your, Member refers to the name in which the membership has been created, which at times may differ to the party paying for the membership, and includes the parent or guardian of the Member if the Member is under 18 years.
• Club:Refers to any ROAR Active Club your membership entitles you to visit.
• Home Club, The Club:The ROAR Active Club where you joined. Your Home Club is named on your Agreement.
• Agreement:This is the Agreement between ROAR Active and you, under which you will become a Member of ROAR Active.
• Minimum Term:The term specified in the Agreement form.
• Club Code:Code for operating equipment, opening hours and behaviour in the Club, specified in these Terms and Conditions, and in Club signs and handouts.
• Third Party Payment Providers: “Third Party Payment Provider” means the third party payment provider nominated by ROAR Active from time to time, currently being GoCardless and Stripe.
• Website: “Website” means the ROAR Active Website atroar.com.au or such other website as notified to Members from time to time.
• Free Time: “Free Time” means that period of your membership contract in which you are not required to pay membership fees but have your usual Club access rights.
• Corporate Partners: A company who holds a partnership agreement with ROAR Active and agrees to subsidise a portion of the full membership fees for its Employees/Members.
• Supply Period: The supply period for a periodic or fixed term agreement is the Minimum Term and is a minimum of four (4) weeks.
• Periodic Agreement:The membership is for the supply of the prescribed goods and services on an ongoing basis and will continue until terminated by you or ROAR Active.
• Fixed Term Agreement:The membership is for a fixed term only and if further membership periods are required, a new agreement will be required.
• Upfront Membership:The membership is a Fixed Term Agreement, commonly known as a Paid in Full (PIF) membership, paid for in totality upon commencement of the Agreement.
• Class Based Training: This refers to all class/group based training delivered within a ROAR Active Facility, covering both live and virtual.
3. MEMBERSHIP AND COMMITMENT TERMS
This section constitutes an Agreement summary for understanding our membership options.
We note that this Agreement is subject to a cooling-off period, under which you may end the Agreement at any time within seven (7) days after the day on which the Agreement is signed.
All contracts, unless otherwise stated or pre-paid lump memberships are on-going. The agreement will continue until either I or ROAR Active terminates it in the way described in the agreement. If I terminate the agreement or stop the automatic arrangement in a manner not described in the agreement, then I will be liable to ROAR Active for the breach of contract. Each rejecting debite may incur a $10 dishonour fee.
Membership Plans at the time of this agreement is outlined within your personal contract, current membership options can be sourced from your club or found on our websites www.roar.com.au or www.rfxathletic.com.au.
All Membership fee’s include GST. Note, external debit provider transaction fees are on top of your membership fee’s with ROAR ACTIVE.
Note: Some membership options are not available at all Clubs. All Agreement fees include goods and services tax (GST). Your fees will change in line with any government GST rate changes, even if you are within your Minimum Term.
4. QUERIES
All queries and comments about the services provided under this Agreement should be directed to the Home Club via the contact details listed on our website.
• For feedback relating to Club experience, we request that these comments are submitted via the ROAR app channels. Alternatively, feedback is welcomed at any Reception desk during staffed hours.
• For questions surrounding unusual payment deductions, please contact your Home Club.
• Where the Member elects to pay by way of direct debit, the member acknowledges that the Third Party Payment Provider has been engaged by the Club to collect the fees due under this Agreement and the member further acknowledges that the member’s contractual relationship with the Third Party Payment Provider is separate to this Agreement.
5. CLUB ACCESS
By accepting the Terms and Conditions as detailed in this Agreement, you are agreeing to the following entry and exit conditions.
• All Members must present their access tag or wrist band upon entry to the Club, at every visit, in order to gain entry. If you attend the Club without your access tag or wrist band, we may refuse your entry.
• You must scan your access tag or wrist band to register your attendance for safety, security and insurance purposes.
• Your access tag or wrist band is considerd our property and you cannot lend or allow anyone else to use it. You must ensure that you do not use your access mode to allow any other member (or non member) through the turnstyle or any swipe access point at any given time. A $150 fine will be issued if you are in breach of this condition.
• If you lose your access tag or wrist band, a replacement can be purchased from Reception upon providing proof of identification.
• If you attend a facility without your access tag or wrist band, you must present to Reception to be manually checked in in order to be able to utilise the facility. Please note, this service is only offered during staffed hours.
• Upon joining ROAR Active, a photo will be taken of you for safety and security reasons. This photograph will be used and stored in accordance with our Privacy Policy.
• All ‘guest visitors’ to ROAR Active Clubs are required to present photo identification upon every visit, complete the guest register, and otherwise comply with our general conditions of entry and Club code as contained in these Terms and Conditions.
6. GENERAL CONDITIONS
To assist us in maintaining a safe and comfortable environment for all members and staff, you are required to abide by the following conditions. Failure to abide by these conditions may result in the suspension or termination of your membership.
Entry will be refused or you may be requested to leave the Club if:
• You are using abusive or threatening language or behaving in a threatening way.
• You are under the influence of drugs or alcohol; or you instruct other Members when ROAR Active has not authorised you to do so.
• You behave in another way that is considered by ROAR Active to be risky or inappropriate.
• You arrive not dressed in suitable clothing and with enclosed sports shoes to undergo any activity in any of our exercise areas, except for wet areas. Please note, we do not allow clothes with offensive images or inappropriate advertising.
• You arrive without a clean towel to participate in classes or to exercise on gym equipment (including exercise mats) and therefore are not adhering to our hygiene and safety standards.
• You may also be requested to cease training if you do not use a towel. Subject to availability, you may purchase or hire a towel from Reception.
All Members must acknowledge that each Club operates under UNSTAFFED HOURS from time to time. All Members, on acceptance of these terms and conditions, understand that outside of staffed hours, that as a member they will be utilising the facility without supervision.
• It is highly recommended for members to train with another member. In the case of an emergency, we strongly recommend the member knows the location of the duress alarm devices during their time in the Club.
• As an inclusion to our Premium Wellness memberships, you will be provided access to our specialty areas such as plunge pools, infrared and steams saunas, recovery and beauty tools.
• Under no circumstances are you to use any of the facilities while under the influence of drugs or alcohol.
Our Clubs are non-smoking facilities, please observe the following condition:
• The smoking of cigarettes or electronic cigarettes (e-cigarettes or vapes) is strictly prohibited.
If the Club, namely the Bibra Lake facility, has any wet areas, such as a swimming pool, sauna, steam room or spas, you may use these facilities in accordance with your membership. The following must be observed at all times:
• Normal pool safety rules apply for the safety and convenience of all users. These rules are set out on the Club pool deck. Pool areas are not supervised and you use them at your own risk.
• You must follow all signs, directions and never run, dive or jump.
• Children under the age of sixteen (16) must also be supervised by the accompanying adult.
• For your own safety, the pool/spa,relaxation and revive zones cannot be accessed during unstaffed hours in a 24.7 Club.
• Minimum standards of dress apply to the wet areas. Suitable swim attire, both top and bottom, must be worn at all times.
You may utilise any of the parking bays to park your vehicle during your time at the facility and agree to the following:
• You park in the Club’s car park or on the Club premises at your own risk.
• To the extent permitted by law, we are not liable for any loss or damage to your vehicle or its contents.
Personal training services are available in Clubs for an additional fee. Please contact your Club for more information or see the personal training noticeboard available in Club and make contact with one of the personal trainers directly. You acknowledge the following conditions:
• Our personal trainers within ROAR Active may be contractors, franchisees or employees. If they are contractors or franchisees and not directly employed by ROAR Active, then all arrangements for personal training services and payments are to be made directly with the personal trainer.
• Only authorised ROAR Active registered personal trainers are permitted to train members in ROAR Active Clubs. Conducting personal training within a ROAR Active Club, without being an approved personal trainer, may result in the cancellation of your membership.
7. USE OF EQUIPMENT
As an active user of the Equipment across any facility, you must abide to the following:
• Return weights and bars to their rack.
• Unload plates from machines and bars.
• Return equipment to its storage location in group fitness classes.
• For the safety of you and others, please follow all equipment operating and safety instructions on the equipment. If you are not sure of correct use or operation of a piece of equipment, please seek assistance from a team member.
• Where functional training zones are available, please seek assistance from a Personal Trainer if you are unfamiliar with the equipment or its safe and appropriate use, your club can help arrange this.
• ROAR Active reserves the right to make changes to exercise equipment supplied in any of its Clubs at any time.
8. LOCKERS, VALUABLES AND LOST PROPERTY
In acceptance of our Terms and Conditions, we strongly advise of the following to enhance your experience with us:
• Lockers are available and are located in the change rooms, however lockers are not security devices.
• To the extent permitted by law, Club employees or contractors are not responsible for any loss of, or damage to, personal property from the Club or a locker. We also recommend that you keep all valuables with you while using the Club.
• Damage to any locker, will incur a reasonable charge to repair the damage or replace the item.
• The Club is unable to look after your personal possessions (keys and wallets for example) whilst you are in the Club.
• Bags are not permitted on the gym floor for safety reasons, items are to be placed in lockers/pigeonholes provided.
• As lockers are cleared daily, personal items are not permitted to be stored in lockers overnight. Any items remaining in lockers or items that have been handed into Reception will be held for two weeks and then donated to charity.
9. MEMBERSHIP FEE INCREASE
In line with the Consumer Price Index (CPI), the following may apply to your membership:
• If you have joined on a 3, 6, or 12 membership term, after your minimum term has expired, your membership fees may increase automatically in line with the CPI.
• With any increase that occurs, a 30 day notice period would be applicable before the increase would take effect to your direct debit payment
• In the event your membership is paid annually, if a CPI increase has been applied in the previous year of a membership held, the CPI increased amount will be applicable to the annual premium amount due.
• ROAR Active will advise of a price increase in writing via email to the last email address provided on your profile and on our communication page on our website ensuring that a 30 day notice period is adhered to.
10. MEMBERSHIP ENTITLEMENTS
Membership at ROAR Active entitles you to:
• Work out as many times as you wish in a given period, subject to any restrictions in your membership type relating to Club access outside of staffed hours.
• Participate in normally scheduled group fitness classes, unless on a special exclusion membership plan. Please note, additional fees may apply for specific group fitness programs or challenges. Please refer to the ROAR Active website for more information in relation to these additional offerings.
• Use exercise equipment located on the gym floor and cardiovascular training areas.
• Where applicable, use the other facilities including pool, steam, sauna and other Recovery Zone facilities. In some instances, additional fees for use may apply.
• Where applicable, use squash facilities. Additional fees may apply.
• Experience the different facilities and services provided at different ROAR Active Clubs. To ascertain exactly what the Club provides in addition to the above entitlements, please enquire at the Club directly. There may be additional fees charged to access these facilities and services.
• ROAR Active reserves the right to make changes to exercise equipment supplied in any of its Clubs at any time or the group fitness timetable at any time (i.e. alter class type, times and instructors).
• ROAR Active reserves the right to make changes to the inclusions within memberships at any time.
11. CORPORATE /PARTNER SPONSORSHIPS
You may be eligible to join on a membership that is discounted as a result of an Agreement with a Corporate Partner. Please be aware fo the following:
• If ROAR Active’s Agreement with that Corporate Partner and/or your employment/membership with the Corporate Partner ceases, we may, at our discretion, revert your membership to the agreed full standard rate for the remainder of your minimum term.
• If this occurs as a result of ROAR Actives agreement with that Corporate Partner ceasing, then we will provide you with notice as soon as practical by mail or email (at our choice) using the most up to date physical or email address you have given us.
12. CHILDREN
Minors between the ages of 14 to 17 years may be eligible for a membership subject to the following age policy and the following general Terms and Conditions:
• The minor must comply with all safety requirements of the Club as communicated to the Member from time to time.
• The minor’s membership may be cancelled for any inappropriate behaviour, misuse of equipment or failure to comply with safety requirements.
• The minor must comply with the applicable sections of the age policy.
• All minors must leave the Club immediately once staffed hours have ended.
• All minors can only access the Club during staffed hours, subject to the qualifications and exclusions listed in the age policy.
13. AGE POLICY
A member as young as fourteen (14) and up to fifteen (15) years old may hold a valid membership subject to the following conditions:
• Membership is permitted with the consent and signature of the minor’s parent/legal guardian.
• Access is only permitted during staffed hours and minors must be directly accompanied by a parent, legal guardian or suitably qualified personal trainer or other accepted exercise professional.
• Members in this age group are not eligible to redeem Trial or Guest Passes or similar promotions.
• Permitted usage for this age group must be directly accompanied by parent, legal guardian or exercise professional.
A member aged between sixteen (16) and seventeen (17) years old may hold a valid membershiop subject to the following conditions:
• Membership is permitted with the consent and signature of the minor’s parent or legal guardian. A minor can access the Club independently during staffed hours only (without parent or legal guardian). Access is not permitted in unstaffed hours, even if accompanied by a parent or legal guardian.
• Members in this age group are eligible to redeem trial guest passes or guest visits, only if parent or legal guardian attends the Club on first visit and signs as guarantor on waiver.
• Permitted usage and able to undertake independently include group fitness classes, weight based equipment and cardio equipment.
A member aged eighteen (18) years and older may hold a normal adult gym membership subject to the following:
• Standard adult membership Terms and Conditions apply. All classes and equipment are available subject to any medical advice.
14. CLASS BASED TRAINING
For entry to any of ROAR Active timetabled class based training, the following will apply:
• No entry will be permitted to a class 5 minutes after allocated start time and/or warm up has concluded.
• For a member to gain entry to a class, the Member must have prior to the scheduled class time, have booked into the class. Our preferred means for booking into Classes is via the ROAR app.
• Members are solely responsible for the booking of their classes. Non-attendance or lack of ability to get into a nominated class, does not warrant any refund or reimbursement of credits.
• Members can make one (1) online reservation per class category, on any given day.
• Bookings for Premium Services open 7 (seven) days in advance.
• Bookings for Group Fitness classes open 7 (seven) days in advance.
• Members can change or cancel an existing reservation up to 6 hours prior to the start of a class without penalty.
• If you do not attend your class reservation and fail to cancel a premium class such as a Reformer class, a $20 charge will apply.
• If you cancel within a two (2) hour period a premium class such as a Reformer class, a $20 charge may also apply.
• All members are required to check in/tag in at the nominated Class access point to avoid a member receiving a No-Show mark against their name.
• Members are required to be present at the commencement time of a class to avoid an allocated spot being given to another Member wishing to take part in the class.
• All class spots are available for online reservation up until 5 minutes before class start time.
• Members who accrue two (2) Late Cancels and/or No Shows marks within seven (7) days will not be able to make online reservations for a period of one (1) week.
• ROAR Active reserves the right to make changes to the group fitness timetable at any time (i.e. alter class type, times and instructors).
• ROAR Active reserves the right to make changes to the booking system and penalty charge for late cancels and no shows at any time.
15. VIRTUAL PILATES
• Assumption of Risk: I understand and acknowledge that participating in virtual Pilates classes involves certain risks, including but not limited to physical injury, discomfort, and fatigue. I voluntarily assume all risks associated with participation.
• Health and Fitness: I affirm that I am in good physical condition and have no medical conditions that would prevent me from safely participating in virtual Pilates classes. I agree to consult with my physician before starting any exercise program if I have any concerns about my health or fitness level.
• Equipment and Space: I understand that I am responsible for ensuring I have appropriate equipment and a safe space for participating in virtual Pilates classes. I will use equipment and space that is suitable for the exercises demonstrated in the class.
• Participation Guidelines: I agree to follow all instructions provided by the instructor during virtual Pilates classes and to only perform exercises within my capabilities. I will inform the instructor immediately if I experience any pain or discomfort during the class.
• Release of Liability: I hereby release, waive, discharge, and covenant not to sue Roar Active, its owners, instructors, employees, and affiliates from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me while participating in virtual Pilates classes.
• Indemnification: I agree to indemnify and hold harmless Roar Active, its owners, instructors, employees, and affiliates from any and all liabilities, damages, costs, or expenses, including attorney fees, arising out of or related to my participation in virtual Pilates classes.
• Consent to Recording: I consent to the recording of virtual Pilates classes for instructional and promotional purposes by Roar Active. I understand that my image or voice may be included in these recordings and hereby grant permission for such use.
• Agreement Binding: I understand that this waiver is binding upon me and my heirs, executors, administrators, and assigns and that it is intended to be as broad and inclusive as permitted by the laws of the state/province in which virtual Pilates classes are offered.
16. SNOWROOM
I understand and agree to the following terms and conditions before using the snow room for cold therapy at ROAR Active. I am aware that cold therapy, including the use of the snow room, carries certain risks and I voluntarily assume all risks associated with this activity.
• I am in good health and do not have any medical conditions that would prevent me from safely using the snow room. I understand that it is recommended to consult with a healthcare professional before using the snow room, especially if I have any medical conditions or concerns.
• I agree to follow all instructions and guidelines provided by the staff at ROAR Active while using the snow room, including the recommended time limits for exposure to cold temperatures. Which are 3–5 minutes for women / 4–8 minutes for men. The duration can vary and depends on the individual perception of well-being and experience.
• I understand that I am responsible for my own safety while using the snow room and will not hold ROAR Active or its employees liable for any injuries or damages that may occur during or as a result of using the snow room.
• I agree to release and waive any claims against ROAR Active, its owners, employees, and affiliates for any injuries, damages, or losses that may occur as a result of using the snow room.
17. LEGAL RESPONSIBILITIES
In agreeance with these Terms and Conditions, you understand the following:
• Your responsibilities, including payment of membership fees, do not depend on how often you use a Club.
• You must tell us about anything that affects your membership, and any changes to your contact information, emergency contact details and bank details.
• You must inform us in advance and in writing if there are any risks to your health if you participate in fitness services and if required seek approval from your Doctor or General Practitioner.
• You acknowledge that the services and/or programs purchased hereunder, includes participation in strenuous physical activities, including but not limited to, running, weight training, stationary bicycling, gymnastic movements, various aerobic conditioning machinery and various nutritional guidelines offered by ROAR Active.
• You acknowledge that these physical activities involve the inherent risk of physical injuries or other damages, including, but not limited to, heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heat exhaustion, knee, lower back, foot injuries and any other illness, soreness, or injury.
• You further acknowledge that such risks include but are not limited to, injuries caused by the negligence of an instructor or other person, defective or improperly used equipment, over-exertion, or an unknown problem known to you.
• You as the Member agree to assume all risk and responsibility arising from participation in the physical activities.
• You affirm that you are in good physical condition and do not suffer from any disability that would prevent or limit participation in the physical activities.
• You acknowledge participation will be physically and mentally challenging and agrees that it is your responsibility to seek competent medical advice regarding any concerns or questions concerning your own ability to take part in ROAR Active’s physical activities. You agree to assume all risk and responsibilities for exceeding your limits.
• You, along with your next of kin, waives any claims against and releases ROAR Active, as well as any of its owners, employees, or other authorised agents, including independent contractors, from any and all liability, claims and/or causes of action that you may sustain for injuries or other damages of any kind, including but not limited to punitive damages, arising out of participation in Club activities, including, but not limited to the services, programs and physical activities.
• To mitigate risk and ensure that you correctly operate or use any of our facilities, services, products or equipment including the adjustments of levels or setting on any equipment, you are encouraged to undertake an instructional consultation with a personal trainer before use. As the Member, you understand that you have entered into this agreement and acknowledge an initial introduction to the Club facilities is a recommendation for your own safety prior to using the Club facilities.
• Although these facilities present a low risk of injury, safe and appropriate use of the facilities is paramount. You agree to use these facilities safely and appropriately and declare any medical conditions that you may have which may be a risk to using these facilities. Failure to declare underlying medical conditions to our staff waives ROAR Active of any liability due to injury or fatality. If you are unsure about the safe use of any equipment, our staff are available full time to answer any questions and provide instruction on safe use.
• Contractors, tenants and franchisees provide some services in our Clubs, such as personal training, physiotherapy and chiropratic services. You will need to pay service fees directly to the Outside Providers and we are not responsible for those fees or for any associated costs or refunds.
• Any service provided by an Outside Provider is a contract between the Outside Provider and you and we to the extent permissible by law, we do not accept any responsibility for a breach of contract or negligence.
• If you make a claim because of something an Outside Provider has or has not done, your claim should be brought against the Outside Provider, not ROAR Active whether you have paid them or not. To the extent permissible by law, you release us from any claim resulting from an act or omission by an Outside Provider.
18. SPECIAL CONDITIONS
If there are special conditions or benefits relating to your membership type, these will be either attached to your Agreement and/or displayed on the website and form part of your Agreement. The following will apply:
• If your membership entitles you to Free Time, you will not be charged your weekly fees for use of the Club during the specified period of Free Time. Free Time will not form part of the minimum term of the membership.
• If your membership entitles you to a Discounted Price as indicated in the Fees section of your membership agreement, the Discounted Price will be the price that you will be charged for the duration of payments as indicated by the Discounted Price section. After the specified Discounted Price duration has lapsed, your Fees will revert to the price that is indicated within the Fees section for the remainder of the Minimum Term (if applicable), or ongoing for the remainder the membership, which is subject to change in accordance with the Terms and Conditions of this Agreement.
19. RENEWING UPFRONT (PIF) MEMBERSHIPS
This term applies only to Upfront (PIF) Memberships.
• When your Upfront Membership is due to end you can renew your Upfront Membership at the current membership rate as advertised by ROAR Active at the time of your membership renewal.
• By renewing your Upfront Membership, you agree to the membership terms that apply at that time.
• Upon the renewal date of a PIF membership, you will be given the option to renew your membership.
• If you choose not to renew your membership, then the membership held will automatically close down at the conclusion of the upfront paid period.
• As a PIF membership expires at the conclusion of the PIF term, there is no request to cancel that needs to be made.
• If you wish to cancel your Upfront Membership for any reason indicated in Section 19, we will refund you 100% of the value of the unexpired term remaining on your Upfront Membership less any applicable cancellation fees as soon as practicable (and within 7 days of termination where legally required).
20. OVERDUE FEES
If your automatic direct debit reverses or is returned to ROAR Active by your financial institution, the following process will apply:
• The Club will attempt to contact you about retrying the debit.
• The Club will attempt three (3) automatic attempts at recovering the debt.
• If the debit remains outstanding after repeated unsuccessful automatic reattempts, the debt will remain as an outstanding debt. The Club will again make contact with you to see this outstanding balance is cleared. Any outstanding debt may be subject to a late fee charged in addition to the amount owed.
• If you fail to pay us the fees by the due date, we are entitled to refuse you entry to the Club. Further to this, please understand that all entitlements and entry into any Club may be revoked if your account is in arrears and you fail to resolve the debt after being provided reasonable notice.
• If unpaid fees remain outstanding and after attempts by us to rectify the arrears, your membership may be forwarded to a Debt Collection Agency for further action.
21. DEBT COLLECTION
If paying by Direct Debit, upon default by you in regard to any obligation under this Agreement and failure to remedy the default after notification by ROAR Active, you authorise ROAR Active to notify any third-party debt collector of the default. The Member shall pay for all costs incurred by ROAR Active (including costs for which the ROAR Active may be contingently liable) in any attempt to collect any monies owed by the Member to ROAR Active under this Agreement including debt collection agent costs, repossession costs, location search costs, process server costs and solicitor costs on a solicitor/client basis.
22. CANCELLATION/TERMINATION/REVOKE OF CANCELLATION
A cancellation during a cooling off period should be provided to the Club as follows:
• Your membership is subject to a seven (7) days cooling off period.
• The cooling off period applies to new memberships only and does not apply to membership transfers or renewals.
• The cooling off period starts from the date the Agreement is entered into (the date the Agreement is signed) and ends at close of seven (7) days later.
• Your membership can be cancelled during the cooling off period by contacting your Home Club via the Club contact details as listed on the website.
• All membership fees paid in advance will be refunded with the exception of a reasonable administration fee which shall be payable by you of termination of your Agreement.
A cancellation under Permanent Sickness of physical incapacity has the following conditions to it :
• You may terminate your Agreement before the expiry of the Minimum Term if you are sick or incapacitated and time freeze is not a suitable option for your circumstances. You must show us a current certificate from a qualified medical practitioner stating that you cannot utilise any fitness services or facilities foreseeably because of your permanent illness of physical incapacity.
• A long-term illness or injury that precludes physical exercise that is supported by a medical certificate issued by a Specialist Practitioner will be permitted at Managements discretion. A GP notice of “unfit for the gym” will not be sufficient to break the minimum contracted term.
• Accompanying this medical certificate, a cancellation within the minimum term contract due to long term illness or injury, will also require a paid notice period of 30 days.
• Members within the 30-day notice period will incur all scheduled billing debits within this notice period.
• For a cancellation to take effect, the payments across the notice period must debit successfully and not reject. In the event that a payment rejects, the member account will not close down at the conclusion of this notice period, thus the membership will also not cancel down. Additional fees may also apply.
A cancellation under Permanent Relocation grounds has the following conditions to it:
• A permanent move in residence (greater than 10km from any ROAR Active facility) that is supported with a proof of new residence notice (i.e., Utility notice, Change of Address notice etc) will be permitted at Managements discretion.
• A cancellation within the minimum term contract due to relocation will require a notice period of thirty (30) days.
• Members within the 30-day notice period will incur all scheduled billing debits within this notice period.
• For a cancellation to take effect, the payments across the notice period must debit successfully and not reject. In the event that a payment rejects, the member account will not close down at the conclusion of this notice period, thus the membership will also not cancel down. Additional fees may also apply.
A cancellation under bankruptcy has the following conditions to it :
• You may terminate your Agreement before the expiry of the Minimum Term (payment amount) if you are bankrupt and a time freeze is not a suitable option with regard to your financial circumstances.
• To terminate your Agreement for this reason, you must provide ROAR Active with evidence of a Notification of Bankruptcy from the Australian Financial Security Authority (AFSA), confirming your bankruptcy.
Members are permitted to terminate this Agreement, without incurring a cancellation fee, in the following circumstances only:
• Where these Terms and Conditions are varied in accordance with Clause 24 or a Club code is changed and you are adversely affected by the change. For the avoidance of doubt however, changes to Club timetables, facilities, equipment and hours of operation do not permit you to terminate this Agreement under this clause.
• If we breach our obligations to you and we do not fix the breach in a reasonable time after you have told us about it in writing. We will refund you any membership fees you pay between the date of notification and the date on which we decide that we cannot fix the breach.
• Where there is a permanent closure of the Club where a suitable replacement Club is not available for you to transfer.
There will be a period of notice of thirty (30) days unless otherwise specified, from the date of cancellation request to the date of termination, during which any payments that fall due must be paid in full.
• The notice period will exclude freeze or payment break time applied to your membership.
• 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 ROAR Active.
• You shall not consider that your Agreement has been terminated until such time as this is confirmed in writing to you by ROAR Active (not more than fourteen (14) days after the termination date).
• If your contract is designated as a ‘ongoing membership’ on the front page, you acknowledge that unless you provide notice of termination of your membership prior to the end of the minimum period, your membership fees will continue to be deducted until you give us 30 days notice of your intent to end your membership.
• If your contract is designated as a ‘fixed term membership’, you acknowledge that it will terminate at the end of the term displayed on the contract unless you renew prior to that date.
You can cancel your membership by:
• Speaking to the team at Reception or calling your home Club. You will then be directed to complete an electronic request to cancel form found within the ROAR Active Training app.
• Completing an electronic request to cancel form.
The Club reserves the right to terminate this Agreement in any of the following circumstances:
• You fail to abide by any of the criteria listed in the conditions of entry (posted in your Club) after being notified of any failure.
• You fail to abide by the obligations listed in this Agreement and the breach/non-compliance is incapable of remedy or you fail to remedy the breach/ non-compliance within 14 days of being notified by ROAR Active or you continue to breach this Agreement.
• If we reasonably believe that you have engaged in conduct that infringes on the health, safety or wellbeing of any other members or staff;
• The temporary or permanent closure of the Club where a suitable replacement club is not available for the membership to transfer; or
• To protect the health and safety of you or other members.
• In the event of a termination under this provision and where appropriate, ROAR Active will refund to you a proportion of fees paid under any Upfront Membership representing the unused portion of the Agreement, less any applicable cancellation fees.
In the event that you change your mind on cancelling your membership and wish to revoke on the cancellation submitted, you can cancel your membership by:
• At any stage during your thirty (30) day notice period to cancel, you can revoke on your request to cancel by submitting a revoke of cancellation.
• A revoke of cancellation can be done by contacting the Club directly or requesting this via the ROAR app under Member Support.
• Upon receipt of this request, the cancellation will be revoked immediately meaning all past cancellation requests become null and void.
• At any stage you wish to terminate your agreement again, a new thirty (30) day notice period applies.
23. MEMBERSHIP FREEZE/SUSPENSION
Suspensions may be possible under the terms of this agreement, the following would apply:
• For any suspension request, a minimum of 72 hours is required to allow time for processing.
• Suspension due to medical reasons are subject to individual consideration and may incur charges (see below). Evidence (medical certificate) is required to be provided and will only be permitted at Managements discretion.
• Members who require extensions to their suspension time must inform the Club a minimum of 72 hours before the end of their suspension.
• Membership suspension time will not be approved if the respective member’s payments are not current and up to date.
• A suspension fee of $0.71 per day will be charged in replace of the membership direct debit contracted amount, this amount to be paid as an upfront charge.
• The minimum suspension duration is a two (2) week period, with a maximum of six (6) weeks per membership year.
• In the event the membership is within the initial commitment period of the contract agreement, for the duration the membership is suspended for, the contract will extend out for this period taken under suspension to see the minimum contractual payments adhered to.
• In the event the member has opted for a membership that is a Paid in Full membership (PIF), normal suspensions rules and charges apply.
• For any time taken under suspension in this PIF membership type, the membership will extend for the same length of the duration of the suspension.
• Note that we cannot backdate any time freeze requests. You must request a freeze three days prior to the start date of the freeze.
24. ADD ONS and SECONDARY MEMBERSHIPS
Add-ons and Secondary Memberships (Premium add-ons) are month to month additions to minimum term memberships. As a holder of an add on and/or secondary membership, the following would apply:
• All add-ons and secondary memberships have a minimum term of 4 weekly payments and require a 30-day active and paid notice to cancel.
• Add-ons and secondary memberships may be frozen in line with active minimum term memberships and subject to freeze limits per annum.
25. TRANSFER OF MEMBERSHIP
You can transfer your membership to another person (transferee) within the Minimum Term of your Agreement so long as the transferee:
• Transfer of membership will only be permitted from a member to a non-member.
• All transfers will incur a Transfer Fee of $40. Additionally, a charge of up to $80 for a new access band or tag for the new member
• A minimum of 90 days or more must remain on your contract term to be eligible for transfer.
• Membership fees must be paid up to date.
• Both parties involved in transfer must be present at time of transfer.
• Concession memberships are not transferable unless the new member accepting the new transfer is eligible to receive the concessional discount.
• Promotional memberships are not transferable.
26. CCTV
ROAR Active uses remote video surveillance in our facilities for health, safety and security reasons which is monitored 24/7 by emergency services and Management Staff. By accepting these Terms and Conditions, you acknowledge the following:
· If as a Member, there are any queries in relation to the use of monitors operating in and around our facilities, the Member is encouraged to contact the facility.
· You acknowledge under our 24 hour camera surveillance system, that your activities are recorded.
· You acknowledge our surveillance system does not protect you in or on our facilities. The release of this footage will be solely at the disrection of the West Australian Police Force.
27. ADDITIONAL SAFETY MEASURES
Your safety and the safety of other Members and our staff is of utmost importance to us. In agreeance with these Terms and Conditions, you understand that we may, from time to time, introduce reasonable health and safety measures.
• If we make any reasonable health and safety measures a condition of entry and you refuse to comply with these measures, you may not be permitted to enter the Club at our discretion unless a medical exemption applies (and we are provided with appropriate supporting documents).
28.STAYING UP TO DATE
We may sometimes change our Terms and Conditions, such as in the below situations:
• Changing a Club’s opening hours, its services and facilities and membership fees.
• Sometimes, we may also close Clubs for refurbishment. We do not reduce your membership fees because your Club is closed for renovations or repairs (where a suitable substitute Club or alternative location is available) or for a public holiday. The most up-to-date Terms and Conditions always apply.
• For emergency messaging we will use the last known mobile phone number we have on file, this is inline with marketing laws.
• If we reasonably consider that any change to the Terms and Conditions is likely to benefit you or be of no, or immaterial, detriment to you, we can make the change immediately and do not need to notify you.
• For all other changes, we give you at least 30 days notice of any changes, for instance by publishing this change on our website; or placing a notice in the Club; or calling you or writing to the address (email) you last gave us.
• If we suspend a Club’s operations or services, temporarily or permanently, we may send you a written notice offering you a transfer to another Club.
• It is your responsibility to keep your personal details up to date with your home club.
29. PRIVACY POLICY
Your “personal information” (as that term is defined in the Privacy Act 1988 (Cth)) will only be used by the ROAR Active in accordance with the provision of their Privacy Statements. You acknowledge the following as a Member:
• We sometimes film or photograph the Club so it is possible you will appear in the background. By signing your Agreement, you allow us to use your image in promotional and other business-related material.
• ROAR Active will use the contact details you have provided above to contact you about your membership.
• ROAR Active, related companies and companies we engage to perform services on our behalf, may also contact you from time to time both during and after your membership with information about fitness and wellness, promotions, special offers and other materials about ROAR Active and related companies' service and products.
• ROAR Active will not provide your personal information or contact details to unrelated third parties.
• Depending on your preferences, you may be contacted in the following ways: mobile, email and/or SMS.
• You can change your mind at any time about receiving marketing materials by contactingyour Club.
30. VARIATIONS
Variations between membership agreements can be requested in writing when outside of minimum terms and membership account is active and has no arrears. A member cannot variate to a lesser membership type due to not being able to book into classes on their preferred days/times. Confirmation of variation is only agreed upon in writing, as special terms and conditions may apply.
31. ADDITIONAL FEES
Some services require additional fees, these include Key Tags, Personal Training, Creche and Premium Classes. If a membership Key Tag / Card is lost and requires replacement, a fee applies.
32. ENTIRE AGREEMENT
This Agreement, its Annexures and any Special Terms & Conditions listed on the website constitute the entire agreement, understanding and arrangement (express and implied) between the Member and ROAR Active relating to the subject matter of this Agreement and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.
Signature
(Required)
CLOSE
CrossFit - 5 Classes for $50
CLOSE
Help Desk
Roar Active - Member Support
Date
DD slash MM slash YYYY
FIRST NAME:
(Required)
SURNAME:
(Required)
EMAIL:
(Required)
MOBILE NUMBER:
(Required)
CLUB:
(Required)
BIBRA LAKE
CANNING VALE
COCKBURN
JANDAKOT
WHAT DO YOU NEED ASSISTANCE WITH?
(Required)
GENERAL ENQUIRY
CLASS BOOKINGS/FAIR PLAY POLICY
PAUSING MY MEMBERSHIP
TIMETABLE
MAINTENANCE
CANCELLING MY MEMBERSHIP
FEEDBACK
BOOK IN A SCAN
BOOK IN A PT
CONTRACT VARIATION REQUEST
REVOKE MY CANCELLATION
WHAT DO YOU NEED ASSISTANCE WITH? - ADMIN
(Required)
GENERAL ENQUIRY
CLASS BOOKINGS/FAIR PLAY POLICY
PAUSING MY MEMBERSHIP
TIMETABLE
MAINTENANCE
CANCELLING MY MEMBERSHIP
FEEDBACK
BOOK IN A SCAN
BOOK IN A PT
CONTRACT VARIATION REQUEST
REVOKE MY CANCELLATION
REASON FOR PAUSE REQUEST
(Required)
PLEASE CHOOSE A REASON WHY
MEDICAL
INJURY
PREGNANCY
HOLIDAY
WORK COMMITMENTS
STUDY COMMITMENTS
CULTURAL COMMITMENTS
FINANCIAL
COVID
OTHER
VARIATION TYPE
UPGRADE
DOWNGRADE
REASON FOR CANCELLATION / REVOKE MY CANCEL
(Required)
Please select a cancellation reason
PRICE
MOVED AWAY
MEDICAL
LACK OF USE
CUSTOMER SERVICE
CLASS SCHEDULE
MEMBERSHIP UPGRADE/DOWNGRADE
PLEASE SPECIFY WHY YOU ARE LOOKING TO CANCEL
(Required)
SELECT MEMBERSHIP TYPE FOR UPGRADE or DOWNGRADE (BIBRA LAKE)
(Required)
Please select a membership type
ROAR LITE - NO LOCK IN
ROAR LITE
ACTIVE
ACTIVE PLUS
ACTIVE BLACK
SELECT MEMBERSHIP TYPE FOR UPGRADE or DOWNGRADE (ADMIN)
(Required)
Please select a membership type
ROAR LITE - NO LOCK IN
ROAR LITE
ACTIVE
ACTIVE PLUS
ACTIVE BLACK
ROAR LITE FIFO
ACTIVE BLACK FIFO
ARE YOU A STUDENT OR AGED 60+
Please select a membership type
AGED 60+
STUDENT
CORPORATE
MEMBERSHIP PRICE (PER WEEK/PW) (ADMIN)
SELECT MEMBERSHIP TYPE FOR UPGRADE or DOWNGRADE (CANNING VALE)
(Required)
Please select a membership type
GYM ONLY
ROAR LITE - NO LOCK IN
ROAR LITE
ACTIVE
ACTIVE PLUS
ACTIVE BLACK
MEMBERSHIP PRICE (PER WEEK/PW) (CANNING VALE)
MEMBERSHIP PRICE (PER WEEK/PW) (CANNING VALE)
MEMBERSHIP PRICE (PER WEEK/PW) (CANNING VALE)
SELECT MEMBERSHIP TYPE FOR UPGRADE or DOWNGRADE (COCKBURN)
(Required)
Please select a membership type
GYM - ONLY
ROAR LITE - NO LOCK IN
ROAR LITE
ACTIVE
ACTIVE PLUS
ACTIVE BLACK
MEMBERSHIP PRICE (PER WEEK/PW) (COCKBURN)
MEMBERSHIP PRICE (PER WEEK/PW) (COCKBURN)
SELECT MEMBERSHIP TYPE FOR UPGRADE or DOWNGRADE (JANDAKOT)
(Required)
Please select a membership type
ROAR LITE - NO LOCK IN
ROAR LITE
ACTIVE -
ACTIVE PLUS
ACTIVE BLACK
MEMBERSHIP PRICE (PER WEEK/PW) (JANDAKOT)
MEMBERSHIP PRICE (PER WEEK/PW) (JANDAKOT)
MEMBERSHIP PRICE (PER WEEK/PW) (BIBRA LAKE)
(Required)
MEMBERSHIP PRICE (PER WEEK/PW) (BIBRA LAKE)
(Required)
MEMBERSHIP PRICE (PER WEEK/PW)
MEMBERSHIP PRICE (PER WEEK/PW)
MEMBERSHIP PRICE (PER WEEK/PW)
MEMBERSHIP MINIMUM TERM
MEMBERSHIP MINIMUM TERM
MEMBERSHIP MINIMUM TERM
WHAT TIME DO YOU PREFER
(Required)
AM
PM
PAUSE START DATE:
(Required)
DD slash MM slash YYYY
Please note all pauses are for a minimum period of 2 weeks
PAUSE END DATE:
(Required)
DD slash MM slash YYYY
Please note all pauses are for a maximum period of 12 weeks
PLEASE GIVE US MORE DETAIL:
DOCUMENT UPLOAD
We may require a document to alter/update your membership agreement.
Max. file size: 128 MB.
TERMS & CONDITIONS
Consent
(Required)
I confirm that I wish to variate my membership and agree that I have been provided with information on my new membership type or cancellation, including any additional charges, notice periods and/or extension to minimum commitment periods that may be applicable. I accept all terms and conditions to the verse side of this document
(Required)
Consent
(Required)
I agree to the Cancellation Policy
(Required)
COOLING OFF PERIOD
i) The cooling off period commences at the close of business on the date of signing. ii) The cooling off period is 7 days, or the equivalent of seven (7) days. iii) New members have the right to cancel their membership within the cooling off period if they are not completely satisfied with the services and programs provided by Roar Active. iv) Any membership fees that have been paid are eligible for a refund. v) A refund can be provided for any access tag or band purchased should a member not wish to retain this for later use. vi) The $10 administration charge is not refundable. vii) All cancellations must be in writing to the Club within the cooling off period.
DIRECT DEBIT OUTSIDE OF CONTRACT COMMITMENT PERIOD
i) Cancellation requires 30 day’s notice and must be given in writing. Our preferred means for any cancellation request is via a Membership Variation Form provided by staff upon the
cancellation request. ii) Cancellation will only be accepted if the membership fees are up to date or arrears are paid in full at the time of cancellation. iii) Members within the 30-day notice period will incur all scheduled billing debits within the notice period. iv) Access to the facility across this time is permitted. v) For a cancellation to take effect, the payments across the notice period must debit successfully and not reject. In the event that a payment rejects, the member account will not close down at the conclusion of this notice period, thus the membership will also not cancel down. Additional fees may also apply.
DIRECT DEBIT INSIDE OF MINIMUM TERM CONTRACT
The minimum term commitment of the contract must have lapsed, aligning the contract with the set agreed contract date, unless the cancellation occurs within the seven (7) day cooling off period. b) A cancellation request inside of a minimum term contract will only be permitted for the following two (2) reasons:
c) LONG TERM ILLNESS / INJURY
i) A long-term illness or injury that precludes physical exercise that is supported by a medical
certificate issued by a Specialist Practitioner will be permitted at Managements discretion.
A GP notice of “unfit for the gym” will not be sufficient to break the minimum contracted
term. ii) Accompanying this medical certificate, a cancellation within the minimum term contract due to long term illness or injury, will also require a paid notice period of 30 days and must be given in writing on a Membership Variation Form. iii) Members within the 30-day notice period will incur all scheduled billing debits within this
notice period. iv) For a cancellation to take effect, the payments across the notice period must debit successfully and not reject. In the event that a payment rejects, the member account will not close down at the conclusion of this notice period, thus the membership will also not cancel down. Additional fees may also apply.
d) RELOCATION
i) A permanent move in residence (greater than 10km from any Roar Active facility) that is
supported with a proof of new residence notice (i.e., Utility notice, Change of Address
notice etc) will be permitted at Managements discretion. ii) A cancellation within the minimum term contract due to relocation will require a notice period of 30 days and must be given in writing on a Membership Variation Form. iii) Members within the 30-day notice period will incur all scheduled billing debits within this notice period. iv) For a cancellation to take effect, the payments across the notice period must debit successfully and not reject. In the event that a payment rejects, the member account will not close down at the conclusion of this notice period,
COMPANIES RIGHT TO TERMINATE MEMBERSHIP AGREEMENT
The company, if a member fails to act in accordance with any obligation under this agreement and/or the club ‘Terms of Use’ displayed throughout the facilities, can proceed to terminate a membership held by any member. b) If the company cancels this agreement on the grounds specified above, no payments made for the sign-up fee, membership fees, the cancellation fee and any other fees payable for further fitness services already supplied leading to the date of termination, will be refunded. c) Roar Active may cancel membership by written notice to the member on grounds of indecent behaviour, harassment and/or bullying or disregard to equipment and other members. If a member fails to treat the Club.
Consent
(Required)
I agree to the Suspensions Policy
(Required)
Suspensions may be possible under the terms of this agreement:
a) For any suspension request, a minimum of 72 hours is required to allow time for processing, a Membership Variation Form must be completed. b) Suspension due to medical reasons are subject to individual consideration and may incur charges (see below). Evidence (medical certificate) is required to be provided and will only be permitted at Managements discretion. c) Members who require extensions to their suspension time must inform the Club a minimum of 72 hours before the end of their suspension. d) Membership suspension time will not be approved if the respective member’s payments are not current and up to date. e) A suspension fee of $0.71 per day will be charged in replace of the membership direct debit contracted amount, this amount to be paid automatically once the request has been processed. f) The minimum suspension duration is a two (2) week period, with a maximum of twelve (6) weeks per membership year.
g) In the event the membership is within the initial commitment period of the contract agreement, for the duration the membership is suspended for, the contract will extend out for this period taken under suspension to see the minimum contractual payments adhered to. (h) In the event the member has opted for a membership that is a Paid in Full membership (PIF), normal suspensions rules and charges apply. (i) For any time taken under suspension in this PIF membership type, the membership will extend for the same length of the duration of the suspension.
Suspension Policy:
(Required)
I agree to the automatic charge
Kindly note that a daily charge of $0.71 will be automatically charged once the request has been processed, unless you have submitted the necessary documentation, such as a medical certificate. Additionally, please be aware that your debit day will be adjusted to coincide with the day your membership becomes active after the freeze.
Example: By choosing to freeze your account for a duration of 14 days, a fee of $9.94 will be applied once the request has been processed.
Suspension Policy:
(Required)
I agree to the automatic charge
Kindly note that a daily charge of $0.35 will be automatically charged once the request has been processed, unless you have submitted the necessary documentation, such as a medical certificate. Additionally, please be aware that your debit day will be adjusted to coincide with the day your membership becomes active after the freeze.
Example: By choosing to freeze your account for a duration of 14 days, a fee of $4.90 will be applied once the request has been processed.
Consent
(Required)
I agree to the Variation Policy
(Required)
A member is able to variate their membership given the following clauses are adhered to: a) Member completes a Membership Variation Form requesting for a nominated change to their membership type. b) In the event a member wishes to upgrade their membership to a Premium service (Active / Active Plus or Active Black) a member can do this (at any time) providing that their membership fees are up to date, or arrears are paid in full at the time the variation request is made. c) In the event a member wishes to downgrade their membership to a lower service offering, a member can do this providing that their membership fees are up to date, or arrears are paid in full at the time the variation request is made. In conjunction with this, providing that the member is outside their contracted minimum commitment period, a 30-day paid notice period to downgrade will apply at the current contracted price before the variation will take effect. d) In the event the member wishes to variate but is still within their contracted minimum commitment period, the remaining term of the member contract will apply before the downgrade can take effect, with the exception of variating between a Premium service of either Active /Active Plus or Active Black. e) In the event a member wishes to variate outside of the Premium services, and that the remaining minimum commitment period is greater than the 30-day period required to variate, the downgrade will not take effect until this period lapses. f) In the event that a member wishes to variate outside of the Premium services, and that the
remaining minimum commitment period is less than the 30-day period required to variate, the 30- day notice period to variate will apply from the date of the variation request stated on the Membership Request Form. g) Once a member downgrades to a new membership type, a new minimum commitment period will commence. h) A member cannot variate down to a lesser membership type due to grounds of not being able to book into classes on their preferred days and times. In the event this is the case, the member must see out the full contract conditions as agreed to when entering into their membership agreement.
Consent
(Required)
I agree to the ongoing membership agreements
(Required)
All contracts, unless otherwise stated, are deemed to be “ongoing membership agreements.” The agreement will continue until either the member or Roar Active terminates it in the way described in the agreement. If an automatic debit arrangement is in place, membership fees will continue to be debited from the member’s nominated credit card or bank account until the member or Roar Active cancels the arrangement. If the member terminates the agreement or chooses to stop the automatic debit arrangement in a manner not described in the agreement, the member will be liable to the Club for damages for breach of contract. Each rejecting debit will further incur a $10 rejection fee.
Consent
I agree to Terms & Conditions
1. INTRODUCTION
By signing the Agreement you acknowledge and agree:
• You have been given a copy of this Agreement and agree to abide by your obligations in it;
• 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 offered by ROAR Active first may pose a risk to your health;
• This Agreement also relates to your authority to any Third Party Payment Provider nominated by ROAR Active from time to time to direct debit your nominated bank account or credit card for any instalments or fees due under the terms of that the nominated Third Party Payment Provider’s Direct Debit Request and Service Agreement provided to you.
• As a Member, you can use our Club in line with these Terms and Conditions, including the Club code.
2. DEFINITIONS
• ROAR Active, We, Us, Our:ROAR Active 247 Pty Ltd. ABN number 23 600 170 983, PO BOX 1582, Bibra Lake, WA 6163.
• You, Your, Member:You, Your, Member refers to the name in which the membership has been created, which at times may differ to the party paying for the membership, and includes the parent or guardian of the Member if the Member is under 18 years.
• Club:Refers to any ROAR Active Club your membership entitles you to visit.
• Home Club, The Club:The ROAR Active Club where you joined. Your Home Club is named on your Agreement.
• Agreement:This is the Agreement between ROAR Active and you, under which you will become a Member of ROAR Active.
• Minimum Term:The term specified in the Agreement form.
• Club Code:Code for operating equipment, opening hours and behaviour in the Club, specified in these Terms and Conditions, and in Club signs and handouts.
• Third Party Payment Providers: “Third Party Payment Provider” means the third party payment provider nominated by ROAR Active from time to time, currently being GoCardless and Stripe.
• Website: “Website” means the ROAR Active Website atroar.com.au or such other website as notified to Members from time to time.
• Free Time: “Free Time” means that period of your membership contract in which you are not required to pay membership fees but have your usual Club access rights.
• Corporate Partners: A company who holds a partnership agreement with ROAR Active and agrees to subsidise a portion of the full membership fees for its Employees/Members.
• Supply Period: The supply period for a periodic or fixed term agreement is the Minimum Term and is a minimum of four (4) weeks.
• Periodic Agreement:The membership is for the supply of the prescribed goods and services on an ongoing basis and will continue until terminated by you or ROAR Active.
• Fixed Term Agreement:The membership is for a fixed term only and if further membership periods are required, a new agreement will be required.
• Upfront Membership:The membership is a Fixed Term Agreement, commonly known as a Paid in Full (PIF) membership, paid for in totality upon commencement of the Agreement.
• Class Based Training: This refers to all class/group based training delivered within a ROAR Active Facility, covering both live and virtual.
3. MEMBERSHIP AND COMMITMENT TERMS
This section constitutes an Agreement summary for understanding our membership options.
We note that this Agreement is subject to a cooling-off period, under which you may end the Agreement at any time within seven (7) days after the day on which the Agreement is signed.
All contracts, unless otherwise stated or pre-paid lump memberships are on-going. The agreement will continue until either I or ROAR Active terminates it in the way described in the agreement. If I terminate the agreement or stop the automatic arrangement in a manner not described in the agreement, then I will be liable to ROAR Active for the breach of contract. Each rejecting debite may incur a $10 dishonour fee.
Membership Plans at the time of this agreement is outlined within your personal contract, current membership options can be sourced from your club or found on our websites www.roar.com.au or www.rfxathletic.com.au.
All Membership fee’s include GST. Note, external debit provider transaction fees are on top of your membership fee’s with ROAR ACTIVE.
Note: Some membership options are not available at all Clubs. All Agreement fees include goods and services tax (GST). Your fees will change in line with any government GST rate changes, even if you are within your Minimum Term.
4. QUERIES
All queries and comments about the services provided under this Agreement should be directed to the Home Club via the contact details listed on our website.
• For feedback relating to Club experience, we request that these comments are submitted via the ROAR app channels. Alternatively, feedback is welcomed at any Reception desk during staffed hours.
• For questions surrounding unusual payment deductions, please contact your Home Club.
• Where the Member elects to pay by way of direct debit, the member acknowledges that the Third Party Payment Provider has been engaged by the Club to collect the fees due under this Agreement and the member further acknowledges that the member’s contractual relationship with the Third Party Payment Provider is separate to this Agreement.
5. CLUB ACCESS
By accepting the Terms and Conditions as detailed in this Agreement, you are agreeing to the following entry and exit conditions.
• All Members must present their access tag or wrist band upon entry to the Club, at every visit, in order to gain entry. If you attend the Club without your access tag or wrist band, we may refuse your entry.
• You must scan your access tag or wrist band to register your attendance for safety, security and insurance purposes.
• Your access tag or wrist band is considerd our property and you cannot lend or allow anyone else to use it. You must ensure that you do not use your access mode to allow any other member (or non member) through the turnstyle or any swipe access point at any given time. A $150 fine will be issued if you are in breach of this condition.
• If you lose your access tag or wrist band, a replacement can be purchased from Reception upon providing proof of identification.
• If you attend a facility without your access tag or wrist band, you must present to Reception to be manually checked in in order to be able to utilise the facility. Please note, this service is only offered during staffed hours.
• Upon joining ROAR Active, a photo will be taken of you for safety and security reasons. This photograph will be used and stored in accordance with our Privacy Policy.
• All ‘guest visitors’ to ROAR Active Clubs are required to present photo identification upon every visit, complete the guest register, and otherwise comply with our general conditions of entry and Club code as contained in these Terms and Conditions.
6. GENERAL CONDITIONS
To assist us in maintaining a safe and comfortable environment for all members and staff, you are required to abide by the following conditions. Failure to abide by these conditions may result in the suspension or termination of your membership.
Entry will be refused or you may be requested to leave the Club if:
• You are using abusive or threatening language or behaving in a threatening way.
• You are under the influence of drugs or alcohol; or you instruct other Members when ROAR Active has not authorised you to do so.
• You behave in another way that is considered by ROAR Active to be risky or inappropriate.
• You arrive not dressed in suitable clothing and with enclosed sports shoes to undergo any activity in any of our exercise areas, except for wet areas. Please note, we do not allow clothes with offensive images or inappropriate advertising.
• You arrive without a clean towel to participate in classes or to exercise on gym equipment (including exercise mats) and therefore are not adhering to our hygiene and safety standards.
• You may also be requested to cease training if you do not use a towel. Subject to availability, you may purchase or hire a towel from Reception.
All Members must acknowledge that each Club operates under UNSTAFFED HOURS from time to time. All Members, on acceptance of these terms and conditions, understand that outside of staffed hours, that as a member they will be utilising the facility without supervision.
• It is highly recommended for members to train with another member. In the case of an emergency, we strongly recommend the member knows the location of the duress alarm devices during their time in the Club.
• As an inclusion to our Premium Wellness memberships, you will be provided access to our specialty areas such as plunge pools, infrared and steams saunas, recovery and beauty tools.
• Under no circumstances are you to use any of the facilities while under the influence of drugs or alcohol.
Our Clubs are non-smoking facilities, please observe the following condition:
• The smoking of cigarettes or electronic cigarettes (e-cigarettes or vapes) is strictly prohibited.
If the Club, namely the Bibra Lake facility, has any wet areas, such as a swimming pool, sauna, steam room or spas, you may use these facilities in accordance with your membership. The following must be observed at all times:
• Normal pool safety rules apply for the safety and convenience of all users. These rules are set out on the Club pool deck. Pool areas are not supervised and you use them at your own risk.
• You must follow all signs, directions and never run, dive or jump.
• Children under the age of sixteen (16) must also be supervised by the accompanying adult.
• For your own safety, the pool/spa,relaxation and revive zones cannot be accessed during unstaffed hours in a 24.7 Club.
• Minimum standards of dress apply to the wet areas. Suitable swim attire, both top and bottom, must be worn at all times.
You may utilise any of the parking bays to park your vehicle during your time at the facility and agree to the following:
• You park in the Club’s car park or on the Club premises at your own risk.
• To the extent permitted by law, we are not liable for any loss or damage to your vehicle or its contents.
Personal training services are available in Clubs for an additional fee. Please contact your Club for more information or see the personal training noticeboard available in Club and make contact with one of the personal trainers directly. You acknowledge the following conditions:
• Our personal trainers within ROAR Active may be contractors, franchisees or employees. If they are contractors or franchisees and not directly employed by ROAR Active, then all arrangements for personal training services and payments are to be made directly with the personal trainer.
• Only authorised ROAR Active registered personal trainers are permitted to train members in ROAR Active Clubs. Conducting personal training within a ROAR Active Club, without being an approved personal trainer, may result in the cancellation of your membership.
7. USE OF EQUIPMENT
As an active user of the Equipment across any facility, you must abide to the following:
• Return weights and bars to their rack.
• Unload plates from machines and bars.
• Return equipment to its storage location in group fitness classes.
• For the safety of you and others, please follow all equipment operating and safety instructions on the equipment. If you are not sure of correct use or operation of a piece of equipment, please seek assistance from a team member.
• Where functional training zones are available, please seek assistance from a Personal Trainer if you are unfamiliar with the equipment or its safe and appropriate use, your club can help arrange this.
• ROAR Active reserves the right to make changes to exercise equipment supplied in any of its Clubs at any time.
8. LOCKERS, VALUABLES AND LOST PROPERTY
In acceptance of our Terms and Conditions, we strongly advise of the following to enhance your experience with us:
• Lockers are available and are located in the change rooms, however lockers are not security devices.
• To the extent permitted by law, Club employees or contractors are not responsible for any loss of, or damage to, personal property from the Club or a locker. We also recommend that you keep all valuables with you while using the Club.
• Damage to any locker, will incur a reasonable charge to repair the damage or replace the item.
• The Club is unable to look after your personal possessions (keys and wallets for example) whilst you are in the Club.
• Bags are not permitted on the gym floor for safety reasons, items are to be placed in lockers/pigeonholes provided.
• As lockers are cleared daily, personal items are not permitted to be stored in lockers overnight. Any items remaining in lockers or items that have been handed into Reception will be held for two weeks and then donated to charity.
9. MEMBERSHIP FEE INCREASE
In line with the Consumer Price Index (CPI), the following may apply to your membership:
• If you have joined on a 3, 6, or 12 membership term, after your minimum term has expired, your membership fees may increase automatically in line with the CPI.
• With any increase that occurs, a 30 day notice period would be applicable before the increase would take effect to your direct debit payment
• In the event your membership is paid annually, if a CPI increase has been applied in the previous year of a membership held, the CPI increased amount will be applicable to the annual premium amount due.
• ROAR Active will advise of a price increase in writing via email to the last email address provided on your profile and on our communication page on our website ensuring that a 30 day notice period is adhered to.
10. MEMBERSHIP ENTITLEMENTS
Membership at ROAR Active entitles you to:
• Work out as many times as you wish in a given period, subject to any restrictions in your membership type relating to Club access outside of staffed hours.
• Participate in normally scheduled group fitness classes, unless on a special exclusion membership plan. Please note, additional fees may apply for specific group fitness programs or challenges. Please refer to the ROAR Active website for more information in relation to these additional offerings.
• Use exercise equipment located on the gym floor and cardiovascular training areas.
• Where applicable, use the other facilities including pool, steam, sauna and other Recovery Zone facilities. In some instances, additional fees for use may apply.
• Where applicable, use squash facilities. Additional fees may apply.
• Experience the different facilities and services provided at different ROAR Active Clubs. To ascertain exactly what the Club provides in addition to the above entitlements, please enquire at the Club directly. There may be additional fees charged to access these facilities and services.
• ROAR Active reserves the right to make changes to exercise equipment supplied in any of its Clubs at any time or the group fitness timetable at any time (i.e. alter class type, times and instructors).
• ROAR Active reserves the right to make changes to the inclusions within memberships at any time.
11. CORPORATE /PARTNER SPONSORSHIPS
You may be eligible to join on a membership that is discounted as a result of an Agreement with a Corporate Partner. Please be aware fo the following:
• If ROAR Active’s Agreement with that Corporate Partner and/or your employment/membership with the Corporate Partner ceases, we may, at our discretion, revert your membership to the agreed full standard rate for the remainder of your minimum term.
• If this occurs as a result of ROAR Actives agreement with that Corporate Partner ceasing, then we will provide you with notice as soon as practical by mail or email (at our choice) using the most up to date physical or email address you have given us.
12. CHILDREN
Minors between the ages of 14 to 17 years may be eligible for a membership subject to the following age policy and the following general Terms and Conditions:
• The minor must comply with all safety requirements of the Club as communicated to the Member from time to time.
• The minor’s membership may be cancelled for any inappropriate behaviour, misuse of equipment or failure to comply with safety requirements.
• The minor must comply with the applicable sections of the age policy.
• All minors must leave the Club immediately once staffed hours have ended.
• All minors can only access the Club during staffed hours, subject to the qualifications and exclusions listed in the age policy.
13. AGE POLICY
A member as young as fourteen (14) and up to fifteen (15) years old may hold a valid membership subject to the following conditions:
• Membership is permitted with the consent and signature of the minor’s parent/legal guardian.
• Access is only permitted during staffed hours and minors must be directly accompanied by a parent, legal guardian or suitably qualified personal trainer or other accepted exercise professional.
• Members in this age group are not eligible to redeem Trial or Guest Passes or similar promotions.
• Permitted usage for this age group must be directly accompanied by parent, legal guardian or exercise professional.
A member aged between sixteen (16) and seventeen (17) years old may hold a valid membershiop subject to the following conditions:
• Membership is permitted with the consent and signature of the minor’s parent or legal guardian. A minor can access the Club independently during staffed hours only (without parent or legal guardian). Access is not permitted in unstaffed hours, even if accompanied by a parent or legal guardian.
• Members in this age group are eligible to redeem trial guest passes or guest visits, only if parent or legal guardian attends the Club on first visit and signs as guarantor on waiver.
• Permitted usage and able to undertake independently include group fitness classes, weight based equipment and cardio equipment.
A member aged eighteen (18) years and older may hold a normal adult gym membership subject to the following:
• Standard adult membership Terms and Conditions apply. All classes and equipment are available subject to any medical advice.
14. CLASS BASED TRAINING
For entry to any of ROAR Active timetabled class based training, the following will apply:
• No entry will be permitted to a class 5 minutes after allocated start time and/or warm up has concluded.
• For a member to gain entry to a class, the Member must have prior to the scheduled class time, have booked into the class. Our preferred means for booking into Classes is via the ROAR app.
• Members are solely responsible for the booking of their classes. Non-attendance or lack of ability to get into a nominated class, does not warrant any refund or reimbursement of credits.
• Members can make one (1) online reservation per class category, on any given day.
• Bookings for Premium Services open 7 (seven) days in advance.
• Bookings for Group Fitness classes open 7 (seven) days in advance.
• Members can change or cancel an existing reservation up to 6 hours prior to the start of a class without penalty.
• If you do not attend your class reservation and fail to cancel a premium class such as a Reformer class, a $20 charge will apply.
• If you cancel within a two (2) hour period a premium class such as a Reformer class, a $20 charge may also apply.
• All members are required to check in/tag in at the nominated Class access point to avoid a member receiving a No-Show mark against their name.
• Members are required to be present at the commencement time of a class to avoid an allocated spot being given to another Member wishing to take part in the class.
• All class spots are available for online reservation up until 5 minutes before class start time.
• Members who accrue two (2) Late Cancels and/or No Shows marks within seven (7) days will not be able to make online reservations for a period of one (1) week.
• ROAR Active reserves the right to make changes to the group fitness timetable at any time (i.e. alter class type, times and instructors).
• ROAR Active reserves the right to make changes to the booking system and penalty charge for late cancels and no shows at any time.
15. VIRTUAL PILATES
• Assumption of Risk: I understand and acknowledge that participating in virtual Pilates classes involves certain risks, including but not limited to physical injury, discomfort, and fatigue. I voluntarily assume all risks associated with participation.
• Health and Fitness: I affirm that I am in good physical condition and have no medical conditions that would prevent me from safely participating in virtual Pilates classes. I agree to consult with my physician before starting any exercise program if I have any concerns about my health or fitness level.
• Equipment and Space: I understand that I am responsible for ensuring I have appropriate equipment and a safe space for participating in virtual Pilates classes. I will use equipment and space that is suitable for the exercises demonstrated in the class.
• Participation Guidelines: I agree to follow all instructions provided by the instructor during virtual Pilates classes and to only perform exercises within my capabilities. I will inform the instructor immediately if I experience any pain or discomfort during the class.
• Release of Liability: I hereby release, waive, discharge, and covenant not to sue Roar Active, its owners, instructors, employees, and affiliates from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me while participating in virtual Pilates classes.
• Indemnification: I agree to indemnify and hold harmless Roar Active, its owners, instructors, employees, and affiliates from any and all liabilities, damages, costs, or expenses, including attorney fees, arising out of or related to my participation in virtual Pilates classes.
• Consent to Recording: I consent to the recording of virtual Pilates classes for instructional and promotional purposes by Roar Active. I understand that my image or voice may be included in these recordings and hereby grant permission for such use.
• Agreement Binding: I understand that this waiver is binding upon me and my heirs, executors, administrators, and assigns and that it is intended to be as broad and inclusive as permitted by the laws of the state/province in which virtual Pilates classes are offered.
16. SNOWROOM
I understand and agree to the following terms and conditions before using the snow room for cold therapy at ROAR Active. I am aware that cold therapy, including the use of the snow room, carries certain risks and I voluntarily assume all risks associated with this activity.
• I am in good health and do not have any medical conditions that would prevent me from safely using the snow room. I understand that it is recommended to consult with a healthcare professional before using the snow room, especially if I have any medical conditions or concerns.
• I agree to follow all instructions and guidelines provided by the staff at ROAR Active while using the snow room, including the recommended time limits for exposure to cold temperatures. Which are 3–5 minutes for women / 4–8 minutes for men. The duration can vary and depends on the individual perception of well-being and experience.
• I understand that I am responsible for my own safety while using the snow room and will not hold ROAR Active or its employees liable for any injuries or damages that may occur during or as a result of using the snow room.
• I agree to release and waive any claims against ROAR Active, its owners, employees, and affiliates for any injuries, damages, or losses that may occur as a result of using the snow room.
17. LEGAL RESPONSIBILITIES
In agreeance with these Terms and Conditions, you understand the following:
• Your responsibilities, including payment of membership fees, do not depend on how often you use a Club.
• You must tell us about anything that affects your membership, and any changes to your contact information, emergency contact details and bank details.
• You must inform us in advance and in writing if there are any risks to your health if you participate in fitness services and if required seek approval from your Doctor or General Practitioner.
• You acknowledge that the services and/or programs purchased hereunder, includes participation in strenuous physical activities, including but not limited to, running, weight training, stationary bicycling, gymnastic movements, various aerobic conditioning machinery and various nutritional guidelines offered by ROAR Active.
• You acknowledge that these physical activities involve the inherent risk of physical injuries or other damages, including, but not limited to, heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heat exhaustion, knee, lower back, foot injuries and any other illness, soreness, or injury.
• You further acknowledge that such risks include but are not limited to, injuries caused by the negligence of an instructor or other person, defective or improperly used equipment, over-exertion, or an unknown problem known to you.
• You as the Member agree to assume all risk and responsibility arising from participation in the physical activities.
• You affirm that you are in good physical condition and do not suffer from any disability that would prevent or limit participation in the physical activities.
• You acknowledge participation will be physically and mentally challenging and agrees that it is your responsibility to seek competent medical advice regarding any concerns or questions concerning your own ability to take part in ROAR Active’s physical activities. You agree to assume all risk and responsibilities for exceeding your limits.
• You, along with your next of kin, waives any claims against and releases ROAR Active, as well as any of its owners, employees, or other authorised agents, including independent contractors, from any and all liability, claims and/or causes of action that you may sustain for injuries or other damages of any kind, including but not limited to punitive damages, arising out of participation in Club activities, including, but not limited to the services, programs and physical activities.
• To mitigate risk and ensure that you correctly operate or use any of our facilities, services, products or equipment including the adjustments of levels or setting on any equipment, you are encouraged to undertake an instructional consultation with a personal trainer before use. As the Member, you understand that you have entered into this agreement and acknowledge an initial introduction to the Club facilities is a recommendation for your own safety prior to using the Club facilities.
• Although these facilities present a low risk of injury, safe and appropriate use of the facilities is paramount. You agree to use these facilities safely and appropriately and declare any medical conditions that you may have which may be a risk to using these facilities. Failure to declare underlying medical conditions to our staff waives ROAR Active of any liability due to injury or fatality. If you are unsure about the safe use of any equipment, our staff are available full time to answer any questions and provide instruction on safe use.
• Contractors, tenants and franchisees provide some services in our Clubs, such as personal training, physiotherapy and chiropratic services. You will need to pay service fees directly to the Outside Providers and we are not responsible for those fees or for any associated costs or refunds.
• Any service provided by an Outside Provider is a contract between the Outside Provider and you and we to the extent permissible by law, we do not accept any responsibility for a breach of contract or negligence.
• If you make a claim because of something an Outside Provider has or has not done, your claim should be brought against the Outside Provider, not ROAR Active whether you have paid them or not. To the extent permissible by law, you release us from any claim resulting from an act or omission by an Outside Provider.
18. SPECIAL CONDITIONS
If there are special conditions or benefits relating to your membership type, these will be either attached to your Agreement and/or displayed on the website and form part of your Agreement. The following will apply:
• If your membership entitles you to Free Time, you will not be charged your weekly fees for use of the Club during the specified period of Free Time. Free Time will not form part of the minimum term of the membership.
• If your membership entitles you to a Discounted Price as indicated in the Fees section of your membership agreement, the Discounted Price will be the price that you will be charged for the duration of payments as indicated by the Discounted Price section. After the specified Discounted Price duration has lapsed, your Fees will revert to the price that is indicated within the Fees section for the remainder of the Minimum Term (if applicable), or ongoing for the remainder the membership, which is subject to change in accordance with the Terms and Conditions of this Agreement.
19. RENEWING UPFRONT (PIF) MEMBERSHIPS
This term applies only to Upfront (PIF) Memberships.
• When your Upfront Membership is due to end you can renew your Upfront Membership at the current membership rate as advertised by ROAR Active at the time of your membership renewal.
• By renewing your Upfront Membership, you agree to the membership terms that apply at that time.
• Upon the renewal date of a PIF membership, you will be given the option to renew your membership.
• If you choose not to renew your membership, then the membership held will automatically close down at the conclusion of the upfront paid period.
• As a PIF membership expires at the conclusion of the PIF term, there is no request to cancel that needs to be made.
• If you wish to cancel your Upfront Membership for any reason indicated in Section 19, we will refund you 100% of the value of the unexpired term remaining on your Upfront Membership less any applicable cancellation fees as soon as practicable (and within 7 days of termination where legally required).
20. OVERDUE FEES
If your automatic direct debit reverses or is returned to ROAR Active by your financial institution, the following process will apply:
• The Club will attempt to contact you about retrying the debit.
• The Club will attempt three (3) automatic attempts at recovering the debt.
• If the debit remains outstanding after repeated unsuccessful automatic reattempts, the debt will remain as an outstanding debt. The Club will again make contact with you to see this outstanding balance is cleared. Any outstanding debt may be subject to a late fee charged in addition to the amount owed.
• If you fail to pay us the fees by the due date, we are entitled to refuse you entry to the Club. Further to this, please understand that all entitlements and entry into any Club may be revoked if your account is in arrears and you fail to resolve the debt after being provided reasonable notice.
• If unpaid fees remain outstanding and after attempts by us to rectify the arrears, your membership may be forwarded to a Debt Collection Agency for further action.
21. DEBT COLLECTION
If paying by Direct Debit, upon default by you in regard to any obligation under this Agreement and failure to remedy the default after notification by ROAR Active, you authorise ROAR Active to notify any third-party debt collector of the default. The Member shall pay for all costs incurred by ROAR Active (including costs for which the ROAR Active may be contingently liable) in any attempt to collect any monies owed by the Member to ROAR Active under this Agreement including debt collection agent costs, repossession costs, location search costs, process server costs and solicitor costs on a solicitor/client basis.
22. CANCELLATION/TERMINATION/REVOKE OF CANCELLATION
A cancellation during a cooling off period should be provided to the Club as follows:
• Your membership is subject to a seven (7) days cooling off period.
• The cooling off period applies to new memberships only and does not apply to membership transfers or renewals.
• The cooling off period starts from the date the Agreement is entered into (the date the Agreement is signed) and ends at close of seven (7) days later.
• Your membership can be cancelled during the cooling off period by contacting your Home Club via the Club contact details as listed on the website.
• All membership fees paid in advance will be refunded with the exception of a reasonable administration fee which shall be payable by you of termination of your Agreement.
A cancellation under Permanent Sickness of physical incapacity has the following conditions to it :
• You may terminate your Agreement before the expiry of the Minimum Term if you are sick or incapacitated and time freeze is not a suitable option for your circumstances. You must show us a current certificate from a qualified medical practitioner stating that you cannot utilise any fitness services or facilities foreseeably because of your permanent illness of physical incapacity.
• A long-term illness or injury that precludes physical exercise that is supported by a medical certificate issued by a Specialist Practitioner will be permitted at Managements discretion. A GP notice of “unfit for the gym” will not be sufficient to break the minimum contracted term.
• Accompanying this medical certificate, a cancellation within the minimum term contract due to long term illness or injury, will also require a paid notice period of 30 days.
• Members within the 30-day notice period will incur all scheduled billing debits within this notice period.
• For a cancellation to take effect, the payments across the notice period must debit successfully and not reject. In the event that a payment rejects, the member account will not close down at the conclusion of this notice period, thus the membership will also not cancel down. Additional fees may also apply.
A cancellation under Permanent Relocation grounds has the following conditions to it:
• A permanent move in residence (greater than 10km from any ROAR Active facility) that is supported with a proof of new residence notice (i.e., Utility notice, Change of Address notice etc) will be permitted at Managements discretion.
• A cancellation within the minimum term contract due to relocation will require a notice period of thirty (30) days.
• Members within the 30-day notice period will incur all scheduled billing debits within this notice period.
• For a cancellation to take effect, the payments across the notice period must debit successfully and not reject. In the event that a payment rejects, the member account will not close down at the conclusion of this notice period, thus the membership will also not cancel down. Additional fees may also apply.
A cancellation under bankruptcy has the following conditions to it :
• You may terminate your Agreement before the expiry of the Minimum Term (payment amount) if you are bankrupt and a time freeze is not a suitable option with regard to your financial circumstances.
• To terminate your Agreement for this reason, you must provide ROAR Active with evidence of a Notification of Bankruptcy from the Australian Financial Security Authority (AFSA), confirming your bankruptcy.
Members are permitted to terminate this Agreement, without incurring a cancellation fee, in the following circumstances only:
• Where these Terms and Conditions are varied in accordance with Clause 24 or a Club code is changed and you are adversely affected by the change. For the avoidance of doubt however, changes to Club timetables, facilities, equipment and hours of operation do not permit you to terminate this Agreement under this clause.
• If we breach our obligations to you and we do not fix the breach in a reasonable time after you have told us about it in writing. We will refund you any membership fees you pay between the date of notification and the date on which we decide that we cannot fix the breach.
• Where there is a permanent closure of the Club where a suitable replacement Club is not available for you to transfer.
There will be a period of notice of thirty (30) days unless otherwise specified, from the date of cancellation request to the date of termination, during which any payments that fall due must be paid in full.
• The notice period will exclude freeze or payment break time applied to your membership.
• 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 ROAR Active.
• You shall not consider that your Agreement has been terminated until such time as this is confirmed in writing to you by ROAR Active (not more than fourteen (14) days after the termination date).
• If your contract is designated as a ‘ongoing membership’ on the front page, you acknowledge that unless you provide notice of termination of your membership prior to the end of the minimum period, your membership fees will continue to be deducted until you give us 30 days notice of your intent to end your membership.
• If your contract is designated as a ‘fixed term membership’, you acknowledge that it will terminate at the end of the term displayed on the contract unless you renew prior to that date.
You can cancel your membership by:
• Speaking to the team at Reception or calling your home Club. You will then be directed to complete an electronic request to cancel form found within the ROAR Active Training app.
• Completing an electronic request to cancel form.
The Club reserves the right to terminate this Agreement in any of the following circumstances:
• You fail to abide by any of the criteria listed in the conditions of entry (posted in your Club) after being notified of any failure.
• You fail to abide by the obligations listed in this Agreement and the breach/non-compliance is incapable of remedy or you fail to remedy the breach/ non-compliance within 14 days of being notified by ROAR Active or you continue to breach this Agreement.
• If we reasonably believe that you have engaged in conduct that infringes on the health, safety or wellbeing of any other members or staff;
• The temporary or permanent closure of the Club where a suitable replacement club is not available for the membership to transfer; or
• To protect the health and safety of you or other members.
• In the event of a termination under this provision and where appropriate, ROAR Active will refund to you a proportion of fees paid under any Upfront Membership representing the unused portion of the Agreement, less any applicable cancellation fees.
In the event that you change your mind on cancelling your membership and wish to revoke on the cancellation submitted, you can cancel your membership by:
• At any stage during your thirty (30) day notice period to cancel, you can revoke on your request to cancel by submitting a revoke of cancellation.
• A revoke of cancellation can be done by contacting the Club directly or requesting this via the ROAR app under Member Support.
• Upon receipt of this request, the cancellation will be revoked immediately meaning all past cancellation requests become null and void.
• At any stage you wish to terminate your agreement again, a new thirty (30) day notice period applies.
23. MEMBERSHIP FREEZE/SUSPENSION
Suspensions may be possible under the terms of this agreement, the following would apply:
• For any suspension request, a minimum of 72 hours is required to allow time for processing.
• Suspension due to medical reasons are subject to individual consideration and may incur charges (see below). Evidence (medical certificate) is required to be provided and will only be permitted at Managements discretion.
• Members who require extensions to their suspension time must inform the Club a minimum of 72 hours before the end of their suspension.
• Membership suspension time will not be approved if the respective member’s payments are not current and up to date.
• A suspension fee of $0.71 per day will be charged in replace of the membership direct debit contracted amount, this amount to be paid as an upfront charge.
• The minimum suspension duration is a two (2) week period, with a maximum of six (6) weeks per membership year.
• In the event the membership is within the initial commitment period of the contract agreement, for the duration the membership is suspended for, the contract will extend out for this period taken under suspension to see the minimum contractual payments adhered to.
• In the event the member has opted for a membership that is a Paid in Full membership (PIF), normal suspensions rules and charges apply.
• For any time taken under suspension in this PIF membership type, the membership will extend for the same length of the duration of the suspension.
• Note that we cannot backdate any time freeze requests. You must request a freeze three days prior to the start date of the freeze.
24. ADD ONS and SECONDARY MEMBERSHIPS
Add-ons and Secondary Memberships (Premium add-ons) are month to month additions to minimum term memberships. As a holder of an add on and/or secondary membership, the following would apply:
• All add-ons and secondary memberships have a minimum term of 4 weekly payments and require a 30-day active and paid notice to cancel.
• Add-ons and secondary memberships may be frozen in line with active minimum term memberships and subject to freeze limits per annum.
25. TRANSFER OF MEMBERSHIP
You can transfer your membership to another person (transferee) within the Minimum Term of your Agreement so long as the transferee:
• Transfer of membership will only be permitted from a member to a non-member.
• All transfers will incur a Transfer Fee of $40. Additionally, a charge of up to $80 for a new access band or tag for the new member
• A minimum of 90 days or more must remain on your contract term to be eligible for transfer.
• Membership fees must be paid up to date.
• Both parties involved in transfer must be present at time of transfer.
• Concession memberships are not transferable unless the new member accepting the new transfer is eligible to receive the concessional discount.
• Promotional memberships are not transferable.
26. CCTV
ROAR Active uses remote video surveillance in our facilities for health, safety and security reasons which is monitored 24/7 by emergency services and Management Staff. By accepting these Terms and Conditions, you acknowledge the following:
· If as a Member, there are any queries in relation to the use of monitors operating in and around our facilities, the Member is encouraged to contact the facility.
· You acknowledge under our 24 hour camera surveillance system, that your activities are recorded.
· You acknowledge our surveillance system does not protect you in or on our facilities. The release of this footage will be solely at the disrection of the West Australian Police Force.
27. ADDITIONAL SAFETY MEASURES
Your safety and the safety of other Members and our staff is of utmost importance to us. In agreeance with these Terms and Conditions, you understand that we may, from time to time, introduce reasonable health and safety measures.
• If we make any reasonable health and safety measures a condition of entry and you refuse to comply with these measures, you may not be permitted to enter the Club at our discretion unless a medical exemption applies (and we are provided with appropriate supporting documents).
28.STAYING UP TO DATE
We may sometimes change our Terms and Conditions, such as in the below situations:
• Changing a Club’s opening hours, its services and facilities and membership fees.
• Sometimes, we may also close Clubs for refurbishment. We do not reduce your membership fees because your Club is closed for renovations or repairs (where a suitable substitute Club or alternative location is available) or for a public holiday. The most up-to-date Terms and Conditions always apply.
• For emergency messaging we will use the last known mobile phone number we have on file, this is inline with marketing laws.
• If we reasonably consider that any change to the Terms and Conditions is likely to benefit you or be of no, or immaterial, detriment to you, we can make the change immediately and do not need to notify you.
• For all other changes, we give you at least 30 days notice of any changes, for instance by publishing this change on our website; or placing a notice in the Club; or calling you or writing to the address (email) you last gave us.
• If we suspend a Club’s operations or services, temporarily or permanently, we may send you a written notice offering you a transfer to another Club.
• It is your responsibility to keep your personal details up to date with your home club.
29. PRIVACY POLICY
Your “personal information” (as that term is defined in the Privacy Act 1988 (Cth)) will only be used by the ROAR Active in accordance with the provision of their Privacy Statements. You acknowledge the following as a Member:
• We sometimes film or photograph the Club so it is possible you will appear in the background. By signing your Agreement, you allow us to use your image in promotional and other business-related material.
• ROAR Active will use the contact details you have provided above to contact you about your membership.
• ROAR Active, related companies and companies we engage to perform services on our behalf, may also contact you from time to time both during and after your membership with information about fitness and wellness, promotions, special offers and other materials about ROAR Active and related companies' service and products.
• ROAR Active will not provide your personal information or contact details to unrelated third parties.
• Depending on your preferences, you may be contacted in the following ways: mobile, email and/or SMS.
• You can change your mind at any time about receiving marketing materials by contactingyour Club.
30. VARIATIONS
Variations between membership agreements can be requested in writing when outside of minimum terms and membership account is active and has no arrears. A member cannot variate to a lesser membership type due to not being able to book into classes on their preferred days/times. Confirmation of variation is only agreed upon in writing, as special terms and conditions may apply.
31. ADDITIONAL FEES
Some services require additional fees, these include Key Tags, Personal Training, Creche and Premium Classes. If a membership Key Tag / Card is lost and requires replacement, a fee applies.
32. ENTIRE AGREEMENT
This Agreement, its Annexures and any Special Terms & Conditions listed on the website constitute the entire agreement, understanding and arrangement (express and implied) between the Member and ROAR Active 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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