TERMS AND CONDITIONS- J-TRAIN ATHLETIC PERFORMANCE
1. When will your membership start?
Your membership will start on the membership start date (“membership start date”) Set out on your membership application form, provide that:
1. You have signed these terms, your membership application form, and your payment authority form;
2. We have received your total upfront payment as set out in your membership application form.
2. Can you suspend or “freeze” your membership?
If you wish to suspend or “freeze “your membership you need notify us via email. One of the staff members will confirm the periods of freeze available during your membership. Your membership may be frozen for up to 8 weeks and only a part of any 2 fortnightly billing periods (i.e. minimum of 4 weeks to a maximum of 2 months) but cannot be frozen for only a part of any fortnightly billing period.
3. Membership dues and fees
3.1 Activation fee
The activation fee stated in your Membership Application form is non-refundable and is payable by you when you sign these terms. If your membership is terminated for any reason and you subsequently wish to re-join any club you will need to pay the Activation fee and Membership fees applicable to that club at that time.
3.2 Membership dues
At J-train athletic performance you are personally responsible for payment to us of the Membership and any other ongoing payments set out in your Membership Application form as they fall due. If your first fortnightly period includes a partial fortnightly billing period, your membership dues for that period will be calculated on a proportional basis according to the number of days remaining in that fortnightly billing period. Membership dues vary depending on your type of membership and may vary depending on your training location. You must pay the membership due to applicable to your home club and your membership type at the relevant time. You may only pay your membership dues in advance direct debit or periodic credit card authority under your Payment Authority form. No other form of payment will be accepted. You will not be allowed attend any training sessions if your Membership dues remain outstanding. We will collect any outstanding amounts and any charges we incur from late payment through your Payment Authority form. If you have a genuine dispute in relation to the collection of outstanding amounts and any charges we incur please contact via email outlining the nature of your dispute.
3.3 Changes to Membership dues
At J-train, we launch our memberships in phases to ensure that long serving members enjoy the most attractive prices for their loyalty.
All membership dues include goods and services taxes (GST). We reserve the right to change your membership dues in line with any government GST rate changes.
3.4 Other membership fees and charges
Any fees or charges that may be payable are additional services and facilities, such as guest fees, dishonor transaction fee, transfer fees will be set out in the relevant home club price list (as may be amended by as from time to time) available upon request via administration email address.
4. Can you transfer to membership to another person?
No, you may not transfer your membership to another person. Your membership is personal to you.
5. Membership type
Membership types vary in each location.
5.1 Can you change your Membership Type or Home Club?
Yes, you may change your membership type to another membership type as long as you qualify for the new membership type you can also change your Home Club to another Club in accordance with our Reciprocal Rights Policy. You must complete and provide to your Home Club a Change of Circum- stances Request Form and pay the relevant transfer fee and membership dues applicable to the new membership type and /or Home Club as current at the time of your request. Certain member- ship types may not be available at every Club as per its capacity. Your Home Club must receive notice of any change to your membership type or Home Club at least 3 days prior to the start of the fortnightly billing period from which you want the change to be effective.
6. How can you membership be terminated?
Membership cancellation forms are to be requested via email to administration.
Phone calls or face to face requests will not be accepted as a suitable method of cancellation.
Please note there is a 1 debit notice period is required to begin the cancellation process during which payments and any due fees will be deducted from your specified account, and you will have a full access to the services according to the membership type you requested on your membership form when becoming a member.
6.1 Termination by us:
We may terminate your membership immediately by emailing or writing to you at the contact addresses we have on our records.
(a) If you commit a serious or repeated breach of these terms and conditions or the club rules.
(b) If you otherwise breach these terms and conditions or the club rules and the breach, if capable of remedy, is not remedied within 14 days of us giving you notice to do so and informing you that your memberships will be terminated if you fall to do so.
(c) If any part of your membership dues remains unpaid 28 days after falling due.
(d) If you provide us with detail which you know to be false when applying for membership and these false details may have affected our reasonable decision to grant you membership. If we terminate your membership for any of these reasons we may (without limiting any other right or remedy) recover any other reasonable costs and expenses we incur as a result of our breach and to collect the full amount of membership dues for the remainder of the current fortnightly billing period, any arrears and any applicable early termination fee.
6.2 Collection of fees
We will collect any membership dues and fees (including any applicable early termination fee) that are outstanding when your membership is terminated, we may use a third party to assist in the collection of outstanding fees.
7. What are the clubs rules?
The club rules govern your use of a club in becoming a member you agree to comply with the club rules which are binding rules that apply to all members, guests and visitors. You are also responsible for the conduct of your guests and visitors while they are in the Club. Up to date Club Rules will be made available upon request.
8. Changes to these Terms or the Club Rules
We reserve the right to make reasonable amendments to these Terms or the Club Rules at any time. We will give you at least 14 days’ notice by emailing members on their specified email address.
If changes to terms and club rules are not agreeable to the member, termination of membership can be requested on these grounds prior to the commencement of changes.
9. How you should contact us?
Any written notice or completed form provided to your Home Club must be sent by email only. Only notices delivered to us via email will be considered valid notice.
10. Risk and your health
Exercising with J-train athletic performance may involve the risk of injury and you exercise and use the facilities at your own risk. Please monitor your physical condition at all times and exercise to a level that is appropriate given your knowledge of your health and any medical advice you have obtained. If any unusual symptoms occur immediately stop what you are doing and notify a staff member.
11.1 Recreational Activities
In the course of exercising or engaging in any recreational activities while attending J-train athletic sessions, in case on an injury or even death we will not be liable except to the extent caused by our gross negligence
• gross negligence, means serious carelessness as denied in paragraph. 11.2 below.
• recreational activities, means your participation in a sporting activity or a similar leisure time pursuit or your participation in any other activity that involves a significant degree of physical exertion or physical risk and is undertaken for the purposes of recreation enjoyment erasure.
Please refer to the warning notice in paragraph 11.2 below which we are required to provide to you if you are in Victoria under the Australian Consumer Law and Fair Trading Act 2012 in relation to this limitation on our liability.
11.2 Warning under the Australian Consumer Law and Fair Trading Act 2012
In these warning, references mean us and references to you mean you and your child (if you have agreed to these Terms on behalf of a child) under the Australian consumer law (Victoria) several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you are rendered with due care and skill and are reasonably for any purpose which you either expressly or by implication, make known to the supplier Under section 22 of the Australian consumer law and fair trading act 2012 the supplier is entities to ask you to agree that these statutory guarantees do not apply to you if you sign this form you will be agreeing that your rights to sue the supplier under the Australian consumer law and fair trading act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form you will be agreeing that your rights sue the supplier under the Australian Consumer Law and Fair Trading Act 2012. If you are killed or injured because the services provided were not in accordance with these guarantees are excluded restricted or modified in the way set out in this form.
NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier part. In relation to an act with reckless disregard, with or without consciousness, for the consequences of the act or omission see regulation 5 of the Australian Consumer Law And Fair Trading Regulations 2012 and section 22(3) (b) of the Australian Consumer Law and Fair Trading Act 2012.
11.3 Liability for supply of other services
Without limitation to paragraph 13.1 and 13.2 and any other terms which are implied into this Agreement or by statute in relation. To the supply of services which cannot be excluded or limited we will ensure that the services that we provide to you are provided with duty of care, and are set for the purpose for which they are commonly bought as is reasonable to expect in the circumstances will correspond in tee nature and quality with the services demonstrated to you, and are free from any defect rendering them unit for the purpose for which our services are commonly acquired to the extent permitted by law and aging without limiting paragraphs 13.1 and 13.2 unless we have breached these obligations we will not be liable for any death, injury, loss, liability or damage that you may incur as a result of the services provided us to you.
12. Contract Details
You must keep us up to date with your contact details by completing a Change of Circumstances form or email outlining your change of circumstances and giving it to your Home Club if your contact details change in the event that we do not receive a Change of Circumstances Form from you and your contact details change, notice given by us to the email or other address we have on our records, Constitutes a valid notice to you under these Terms.
We may transfer our rights and obligations under this Agreement on subcontract our obligations under it to another organization without given you notice and you will continue as a member. If the other organization falls to provide the same (or equivalent) services we provided, you may end your membership upon completing an appropriate form supplied by a new organization. All terms used in this document have the meaning set out in the Membership Application Form if we fall to enforce any of our rights at any time for any period and for whatever reason, this will not take away those rights. Also if we fail to notice or act if you break any of the terms of this Agreement, this does not mean that your conduct is acceptable.
If a court decides that a term of this Agreement is not valid or cannot be enforced, that term will not apply but this will not affect the reset of the Agreement. This Agreement is subject to the laws of the state where your Home Club is located.
13. Your Personal Data
14. Request of archived information
All joined members may receive a copy of the member- ship forms via email if the member has joined through the website, or a photo copy if the member joined from a hard copy member- ship joining form upon request. Furthermore the member acknowledges that if they lose, claim to have not received, or have a damaged or unreadable membership joining form they understand the requisition of achieves can only be done through request of information email. The form must be filled in by the person, signed and date by both the club manager and the member.
If there is anything you do not understand please ask us for an explanation before you sign. If you are under 18, a parent or guardian will need to sign below to give their permission for you not become a club member your parent or guardian will be responsible for your obligations under the Agreement and must sign below to say they accept these terms and the club rules on your behalf. And to accept responsibility for your behavior, actions and failure to act in line with this agreement. In particular your parent or guardian will be responsible for paying all payments due under your membership. You agree that your parent or guardian will be the only person we will discuss your membership with unless they authorize another person (including you).
Note that the Agreement between you and us will come into force upon you signing these terms even if a J-train athletic performance Representative is not named or does not sign them.