Disclaimer

Things to know at the start of your membership

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 may pose a risk to your health.
  • This agreement also relates to your authority to the debiting agent nominated by TODAY Fitness from time to time to directly debit the nominated bank account or credit card for any instalments or fees due under the terms and conditions of this agreement and direct debit request. These terms and conditions are set out in the agreement that you confirmed and agreed to as a member, you can use our clubs in line with these terms and conditions, including the club code.

When do you pay membership fees?

  • Paying for ongoing memberships, you pay fees for ongoing membership fees in advance by direct debit from a bank account or credit card.
  • You can pay your membership fees as far in advance as you like, up to the legal time limits. However, you still need to provide your account details for when your advance payments end. Should there be any arrears in payments you authorise TODAY Fitness to debit the outstanding balance in order to bring the account up to date.

How do Direct Debits work?

  • Paying by direct debit, your membership fees will be debited from your nominated account at the agreed payment frequency, as set out in your membership agreement.
  • You request and authorise us to arrange for any amount we may debit or charge you to be debited by a third-party direct debit billing service provider chosen by TODAY Fitness, debited from your account subject to their terms and conditions set out in Annexure A of your membership agreement.
  • You acknowledge that Clubfit has been engaged to collect the fees due under this agreement if you are paying by direct debit and you acknowledge that our rights under this agreement are able to be enforced by Clubfit without our involvement or your consent.

Meeting your responsibilities

You must make sure:

  • Your account can accept direct debits (your financial institution can confirm this).
  • There is enough money in your account on the payment day and the next 5 days.
  • You tell us if you are transferring or closing your account, at least 48 hours before your next direct debit.
  • You tell us if you are transferring or closing your account, at least 48 hours before your next direct debit.
  • You tell us about any changes to your credit card, such as its expiry date or number, at least 48 hours before your next direct debit.
  • Please notify Clubfit and your financial institution if you want to change or stop your direct debits.

Querying a payment

  • All queries and comments about the direct debit billing service should be directed to Clubfit

What happens if your payment is late or fails?

  • Paying your outstanding debts. We will continue to debit your nominated account without notice along with any late fees that apply until we have received the total amount you owe us. TODAY Fitness or Clubfit will make a reasonable effort to let you know beforehand by:
  • Phoning you or speaking to you at your club.
  • Writing to the address you last gave us.
  • For membership/s in your name, you must make sure that the payment method you choose continues for the length of your agreement. This includes third-party accounts. If the details you give us fail, you are liable for all resulting fees. You should update your details and are obligated to complete your minimum term.
  • If the debit remains outstanding, it will be processed within 14 days of the reversal with any reversal along with any late fees that apply.
  • If you default in payment of your membership fees we may send your outstanding debt to a third party debt collection agency to collect your outstanding fees. If this debt is sent to a third party further fees and charges may be payable.
  • 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 Clubfit: you authorise Clubfit to notify any debt collection agency of the default; Clubfit may, at its sole discretion, terminate the membership agreement at which time the full outstanding balance for the remainder of the Minimum Term or payments (including any current arrears) shall be due in full; and you authorise Clubfit to add to the outstanding debt, a fee of $100 and an amount equivalent to 25% of the full outstanding balance (being Clubfit’ expenses reasonably incurred in collecting the debt) upon initial referral to the debt collection/credit reporting agency.

Can you freeze your membership payments?

  • You can freeze your membership from 1 or more fortnights, up to a maximum of 2 weeks free each calendar year. You first need to contact Clubfit at least 1 week prior to the date of the first frozen payment due date.

How do you cancel after the minimum term?

  • 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 TODAY Fitness and /or Clubfit. You shall not consider that your membership agreement has been terminated until such time as this is confirmed in writing to you by Clubfit (not more than 14 days after the termination date). Termination of your membership agreement will also terminate the direct debit request authority.

Understanding our privacy policy

Your “personal information” (as that term is defined in the Privacy Act 1988 (Cth)) will only be used by TODAY Fitness or Clubfit in accordance with the provision of their Privacy Statements. Clubfit’ Privacy Statement can be obtained from its website https://www.clubfitsoftware.com.au/features/

CANCELLING THE PAYMENTS

  • You can cancel this direct debit request authority by requesting this from Clubfit or your bank. Cancellation of the authority to debit your account will not terminate this Membership Agreement or remove your liability to make the current payments or future ongoing payments you have agreed to.

DISPUTES

  • If you dispute any debit payment, you must notify TODAY Fitness or Clubfit immediately. Clubfit will respond to your dispute within 7 working days and will immediately refund the amount of the debit if we are not able to substantiate the reason for it. If you do not receive a satisfactory response from us to your dispute, contact your financial institution who will respond to you with an answer to your claim within 5 business days if your claim is lodged within 12 months of the disputed drawing, or within 30 business days if your claim is lodged after 12 months from the disputed drawing.

NON-WORKING DAY

  • When the day to debit falls on a weekend or public holiday the debit will be initiated on the next working day.

DISHONOURED PAYMENTS

  • It is your responsibility to ensure that on the due date clear funds are available in your nominated account to meet the direct debit payment. Should your payment be dishonoured, Clubfit will debit you an additional $7.50 (unless your Contract stipulates otherwise) with your next payment and may, if we have not received instructions to the contrary from you, debit both the current due payment and the now overdue payment(s) on the same day. Clubfit may debit other fees or costs involved with debt collection in accordance with the terms and conditions of the Contract.

ENQUIRIES

  • All enquiries should be directed to Clubfit and should be made at least 1 working day prior to the next scheduled debit date.

YOUR OTHER RESPONSIBILITIES

  • In addition to those already mentioned, you are responsible for ensuring that your nominated account can accept direct debits. If it is not, it is your responsibility to provide Clubfit with a new account number.

Complaints Handling

Please submit any complaints via email to clubmamanger@todayfitness.com.au. Please include all details relating to your complaint. We will do all that is reasonably and practicably possible to assess the merits of the complaint and respond within a reasonable time frame.