Membership Terms & Conditions

  • Prices stated in this Agreement are inclusive of GST.
  • You acknowledge and agree that:
      • The weekly, fortnightly or monthly payments will be debited from the bank account/credit card authorised by you.  You agree to sign all documents necessary to ensure that the monthly payments can be made by direct debit.
      • The length of the Initial Term has been discussed   with you and you agree that the monthly, fortnightly or weekly options for direct debit are payable until the Initial Term Expiry Date (as set out above) and during any Continuing Membership Period even if you do not use the facilities provided by Lorne Recreation trading as Lorne Sea Baths (LSB) incorporating Lorne Health and Fitness (LH&F) or Lorne Salt Therapy (LST).
      • After the 7 day cooling off period has expired (see the paragraph 14 subheading “7 day cooling off period” below) you are not entitled to cancel your membership during the Initial Term except in the circumstances set out below in the paragraph headed “Cancellation”.
      • It is your responsibility to ensure sufficient funds are in the nominated account when the regular payments are to be drawn and if a debit is unsuccessful you will be responsible for any administration fees and/or collection fees. We may, in our absolute discretion, debit up to a maximum of three standard monthly debit amounts without notice should the prior debits be unsuccessfully processed.
      • If the authorised bank account/credit card is cancelled/closed or a payment amount disputed, a charge of $25.00 may apply and any overdue monthly payment will immediately become payable.
      • Membership fees are payable whether or not you have utilised the LSB facilities.
      • The membership fees are non-refundable.
  • Privacy:  The  personal information   that we collect  from  you  (including  your  name,  address,  date  of birth,  driver’s  license  number  and other information   about  you)  has been  collected  for the  primary  purpose  of facilitating   the  provision  of our services  to you.  You agree  that we may also disclose  your  personal  information   to our  professional   advisers,  debt collection   service  providers,  third  parties  providing   benefits  to LSB members   and financiers   or government    authorities   or organisations   as required  or authorised   by law. The  information   will  be stored  on a network  database   and may also be used for  internal  administrative   purposes,   debt  collection   purposes  or to communicate   promotional   offers  and membership   benefits,  newsletters and special   events  to you.  You may request access to your personal information by contacting us during normal business hours or by emailing info@lorneseabaths.com.au . If you do not provide all or part of the personal information requested it may not be possible for us to make our services available to you.
  • Rules:  You agree to abide by all membership rules and regulations of LSB.
  • Payments:   Unless cancelled as provided in this Agreement, you will be responsible for all payments due and owing under this Agreement, even if you do not use our facilities and services. However, in the event of death or disability, liability for fees will terminate as of the date of death or disability. If LH&F facilities become temporarily unavailable due to an event such as a fire, flood, loss of lease, or the like, we will extend your membership privileges for the period the facilities were unavailable.
  • Security:  The LSB facilities are under video recording. Whether you are working out, entering/leaving the building/restrooms, your activities are recorded.  This video system is used for security purposes. The surveillance system does not protect you from harm in or on the building premises. You must use caution when entering or leaving the building. It is advisable to keep your mobile telephone available if you feel threatened or witness suspicious   activity.    Do not allow  access  to individuals   who  knock  on the door;  doing  so may  put you at risk for injury  or harm and could  result in you  losing  your  membership   privileges.  In the event you feel either threatened or in need of medical help call 000 immediately.
  • Member Assumption of Risk and Release: You understand and accept that the risk of injury from LSB activities and using any LSB equipment is significant, including the potential for permanent injury and death; you knowingly and freely assume all such risks, both known and unknown. You acknowledge that at times the fitness facilities will be unsupervised and that you assume all risks associated with using exercise equipment and exercising alone without the aide and presence of LSB staff on the premises. You understand   that Lorne Sea Baths, Lorne Health and Fitness and Lorne Salt Therapy are a trading name of Lorne Recreation Proprietary Limited.   You  hereby  release,  indemnify,   and hold  harmless LSB, LH&F, LST, Lorne Recreation P/L, their  respective   owners,  officers,  affiliates,   agents  and employees,   other  participants,   sponsoring agencies,  sponsors,  advertisers   and,  if applicable,   owners  and lessors  of premises   used to conduct  any sponsored   event  (Releases),with respect   to  any and all injury, disability,  death,  or loss or damage  to person  or property,  whether  arising  from  the  negligence   of the  releases  or otherwise, that may arise  out of or in connection   with your  use of the equipment   or the facilities  of the  LSB  or any incident  that  occurs  while  using LSB’s  facilities  or engaging   in LSB  activities  on or off the  premises  or otherwise   related  to your  LSB membership. You expressly agree that this release is intended  to be as broad  and inclusive  as permitted   by the  laws of the  state  in which LSB is located  and if a portion  of this release  is held  invalid,  the  balance  shall  remain  in full force  and effect.  This  release  shall  apply  to your  heirs  and assigns  and  in the case  of a family  membership,  to  any minor  included  in your  membership   and on whose  behalf  you  hereby  sign as parent/guardian.  You understand that  LSB is relying on this release in agreeing to enter into this Agreement.
  • Minors:  As parent and/or guardian of a minor, you hereby agree to be fully responsible for any and all actions, damages, injuries, or loss to property or person, performed   by the minor with or without your supervision in LSB facilities. You further agree that any breach of the LSB policies on the minor’s part may constitute loss of minors and/or your membership privileges.
  • Warranty:  You warrant that all information that you have provided to us is accurate and true. You further warrant and represent that you do not have any medical or mental  condition  or disability;  or disease,  which  could  become  worse  during  exercise  or result  in damage  to your  health  if you exercise  or engage  in any physical  activity  at LH&F & LSB  facilities.
  • Australian   Consumer   Law,  Exclusions   and  Limitations:   You have  certain  rights  under  the  Competition   and Consumer   Act 2010  (Cth), including  the Australian   Consumer   Law in connection   with the goods  and services  that we supply  to you.  The  only conditions,   warranties   or guarantees   which  are binding  on us in respect  of the  services  or any goods  or advice  supplied  by us, our employees,   servants  or agents  to you are  those  imposed  or required  to be binding  by statute  (including  the  Competition   and Consumer   Act 2010  (Cth))  and those  (if any)  expressly   set out in this Agreement.   To the extent permitted   by law, all other conditions,   warranties   and guarantees   are expressly   excluded.
  • Warning under the Fair Trading Act 1999 (Vic). Fair Trading Act 1999 (Vic) implies certain conditions into contracts for the supply of certain goods and services. The supplier of services is required to ensure that the recreational services it supplies to you are: rendered with due care and skill; as fit for the purpose for which they are commonly bought as it is reasonable to expect in the circumstances; reasonably fit for any particular purpose or might reasonably be expected to achieve any result you have made known to the supplier. Under s 32N of the Fair Trading Act 1999, the supplier is entitled to ask you to agree that these conditions do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Fair Trading Act 1999 if you are killed or injured because the services were not rendered with due care and skill or they were not reasonably fit for their purpose, 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’s part. ‘Gross negligence’ is defined in the Fair Trading (Recreational Services) Regulations 2004.
  • Safety Notices:
  • LSB & LH&F is under video recording and your member access card usage is logged.
  • You must not bring in guests at any time without the prior written consent of LH&F staff. If this policy is violated, at our sole discretion, you may be charged a guest fee and/or have your membership suspended or cancelled. If your membership is cancelled pursuant to this clause then we may charge you a cancellation fee.
  • You must not allow anyone else to use your access card and must alert LH&F immediately if it is lost or stolen.  Violating this policy carries the same consequences as violating the guest policy.
  • If you do not have your key access card you will not be allowed into LH&F facilities. During non-staffed hours you should not expect or ask anyone else to let you into LH&F facilities.
  • Personal training services provided in LH&F may be provided either by employees or by independent contractors operating their own business.
  • You have access to a free orientation to the facility and the proper use of its equipment.
  • It is your responsibility to wipe down the equipment and un-rack the weights you use.
  • You must use the safety features of the equipment. If you are unsure of how to use a machine, you should obtain instructions from the staff or personal trainers.
  • Horseplay, vulgar language, abuse of the equipment, working out while intoxicated, or other inappropriate behaviour will not be tolerated and may result in the suspension or cancellation of your membership, and a cancellation fee of up to $250.00 being immediately payable.
  • Photography and/or videography are not allowed anywhere in LH&F facilities.
  • Age Requirements – Persons under the age of 18 are not permitted in LH&F facilities unsupervised without the express written consent of guardians in Membership Application.

 

  •  Seasonal nature:
  • You acknowledge the seasonal nature of an outdoor pool and spa facility and as such that the main pool facility will be closed over the winter period.  This period usually occurs between May and October each year at its maximum.  The Pool may be closed for shorter periods of time.  The member acknowledges that they may not be able to access the pool all year round.  The use of Pool, Spas & Steam Room may only be used during staffed hours.
  • Your  right to cancel:
  • 7 Day Cooling off Period: If you wish to cancel this Agreement, you may cancel by delivering or mailing a written notice to LSB. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed before midnight of the seventh day after you sign this Agreement. If you cancel, LH&F will return, within 10 days of the date on which you gave notice or cancellation, payments you have made less administration costs to a maximum of $50 and reasonable costs for services provided and products utilised.
  • Medical Cancellation: You may cancel this Agreement for medical reasons. Your doctor must provide medical certification that your use of LH&F facilities would impair your health.
  • Relocation Cancellation: You may cancel this Agreement by giving 30 days written notice to LSB, if you permanently move your residence   more than 15 kilometers   from LSB facilities. We will require proof of relocation.   If you are cancelling because you are moving, you must also tell us your new address, new phone number, and the name and address of your new employer, if any. You must tell us in writing that the move is permanent. If you relocate to within 15km of LSB, this Agreement will still be in effect.
  • Cancellation fees are applicable if you cancel due to medical or relocation reasons. Should you cancel due to medical or relocation reasons and you are on a periodic payment plan, LSB will terminate the agreement upon the receipt of an early termination fee of $50 or 1 month of membership   fees, whichever   is the greater.  If you are on a pre-paid contract, LH&F will refund to you, within 10 days of the cancellation date, the pro-rata balance of your membership less an early termination fee of $50 or 1 month of membership fees, whichever   is the greater.
  • Cancellation after the Initial Term Expiry Date: You can cancel your membership after the Initial Term if you give us 30 days notice. Your cancellation notice must be in writing and delivered to LSB during manned office hours. Your 30 days notice commences on your next direct debit date.
  • Membership Cancellation Form
  • Late Fees:  You agree to pay a $25.00 late fee if your monthly payment is received past the due date and/or any fee associated with returned payments or non-payment of dues. Should you default, you agree to pay all collection costs including agency fees or administration charges, court or arbitration costs and reasonable attorney fees, which may be paid or incurred by LSB. You agree that LSB or a third party, and their agents and assigns may send communications to you including late payment notifications and other related correspondence.
  • Assignment: You have no right to assign or otherwise transfer your rights under this Agreement to any other person.
  • Maintenance   of Facilities:  LH&F or LSB may be temporarily closed for periods of up to 2 weeks each year for maintenance purposes. LSB & LH&F reserves the right to add an annual facility maintenance charge of up to but no greater than the equivalent   of 1 month’s membership dues.  If a facility maintenance   charge is implemented   in the future, you will be given a minimum of a 60 days’ notice of the amount owed and the due date. You authorise the designated billing company to automatically debit this amount along with your regular membership fees.
  • Ongoing Agreement:   This is an ongoing   membership   agreement.   The agreement   will continue   until either you or the supplier 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  your  credit  card  or account   until you or  your  fitness  center  cancels  the arrangement    by notifying   your  bank  or credit  provider.  If you terminate   the agreement   or stop  the automatic   debit  arrangement    in a manner  not described   in the agreement,   then  you  may  be liable  to the fitness  center  for damages  for breach  of contract.
  • V1/2012  EFFECTIVE   FROM  1 DECEMBER 2012