1.1 ezfit or We or Us: ezfit.
1.2 Member or You: Member of ezfit
1.3 The Studio: The fitness studio operated by ezfit
2. MEMBER'S HEALTH WARRANTY:
Member and Buyer warrants and represents that Member(s) party to this agreement has no disability, impairment or ailment preventing members from engaging in active or passive exercise or that will be detrimental or inimical to his/her health, safety or physical condition if he/she does so engage or participate. This representation is made by the Member, knowing that Management will rely upon it in respect to the issuance of this agreement. Member understands that ezfit is not in any way responsible for Member's actions or his/her physical wellbeing and that if Member is in doubt about any part of his/her capability for physical training, Member will consult his/her personal physician.
3.1 By signing this Membership Agreement you agree to comply with these Terms and Conditions of Membership and the current edition of the Studio Rules as may be amended by ezfit from time to time at its discretion throughout your period of membership.
3.2 You will only be permitted to use the ezfit facilities provided that your membership is current and fully paid or you have made payment arrangements acceptable to ezfit.
3.3 You will have a cooling off period of ten (10) days from the date of submitting your application in which to cancel your membership and receive a full refund of any fees paid with a $20 administration fee. If you wish to exercise your right to cancel, you must contact ezfit within ten days of the date of submission of your membership application and prior to the commencement of the use of the studio’s facilities.
4. BUYER'S INDEMNITY AGREEMENT:
Buyer assumes full responsibility for any person who becomes a Member under this agreement and shall indemnify Management, its affiliates, agents, representatives and employees against any and all liability incurred by them to such member who does not become a signatory.
5.1 When you join ezfit as a member, you agree to remain a member until a notice period of thirty (30) days is given in writing (subject to extension if placed on freeze/suspension). You will be required to pay your membership fees and your membership may be terminated by giving thirty (30) days notice in writing as set out below.
5.2 If you join the studio prior to the opening of the studio, your Membership Period will commence upon the official opening date of the studio.
6. MEMBERSHIP FEES:
ezfit will set the level of membership fees and will review such fees periodically. ezfit reserves the right to change the level of fees from time to time. We will give you at least 30 days’ written notice of any changes to the levels of membership fees.
7. DEFAULT AND LATE PAYMENT:
Should any membership fees not be paid within 30 days of the due date, the full membership fee will automatically become due and payable. During any period in which membership fees are not paid, ezfit may suspend your membership and deactivate your key access fob so that you cannot access the studio.
8. DEFAULT AND LATE PAYMENT:
8.1 Should any membership fees not be paid within 30 days of the due date; the full membership fee will automatically become due and payable. During any period in which membership fees are not paid, ezfit may suspend your membership and deactivate your key access fob so that you cannot access the studio.
8.2 Any unpaid and overdue membership fees referred to a debt collection agency will be subject to a surcharge to cover the collection costs incurred. This surcharge, together with all other charges and legal fees, incurred in the collection of the overdue membership fees will be your responsibility and will be legally recoverable from you.
8.3 We may appoint a payment processing agent to receive and collect your monthly or annual direct debit installment and in respect of payments made by direct/credit card. There will be no extra cost to you for these processing services supplied by such agent.
8.4 We may charge a reasonable fee for any of the following events: replacing lost membership access ID fobs and transferring memberships and any other event which we consider fair and reasonable.
9. SUSPENSION OF MEMBERSHIP:
If you are unable to make use of the studio facilities by reason of illness or injury, you may suspend your membership by providing at any time written notice to ezfit. ezfit reserves the right to request a doctor’s certificate to confirm your illness or injury. A reduced monthly fee will be charged during the period of suspension of membership. Notice to terminate membership cannot run concurrently with a suspension period.
You may terminate this agreement in the following circumstances:
10.1 Notice: You may terminate your membership by giving ezfit at least thirty (30) days written notice, which shall expire on the immediately following calendar month. Cancelling your direct debit instruction for the payment of fees is not sufficient and does not constitute service of written notice.
10.2 Cooling-off period: You may terminate your membership within the first ten (10) days of this agreement by giving written notice to the manager of the studio. Cancelling your direct debit instruction for the payment of fees does not constitute service of written notice.
10.3 Medical: You may terminate this agreement by giving ezfit at least thirty (30) calendar month’s written notice if you are unable to use the studio due to serious illness or injury likely to preclude you from using the studio for a period of least six (6) calendar months. We reserve the right to require reasonable evidence of your illness or injury – e.g. Doctor’s certificate before we accept notice of termination in these circumstances.
10.4 Pre-Sale: In the event that this agreement was made during a specific pre-sales period and you became a founder member, you may terminate this agreement by giving ezfit at least one (30) calendar day’s written notice within 14 days of the official opening date of the studio.
11. ACCESS ID FOBS:
11.1 An access ID fob shall be issued to you upon joining the studio and is to be used exclusively by you to gain entry to the studio. Access ID fobs are non-transferable. Allowing your Access ID fob to be used by another person is a serious breach of these Membership Terms and Conditions and will entitle ezfit to terminate this agreement immediately and without notice.
11.2 If your Access ID fob is lost or stolen, you must notify the studio immediately. ezfit reserves the right to charge an administration fee for the provision of a replacement Access ID fob.
11.3 Members who do not have their Access ID fob will not be allowed into the studio during non-staffed hours, nor should they expect any other persons to allow them entry into the studio.
11.4 If you fail to pay your membership fees on the due dates for payment, ezfit reserves the right to terminate this agreement by giving you written notice of its decision to terminate or at its discretion, suspending your membership by deactivating your Access ID fob until all overdue membership fees have been paid.
12. SAFETY NOTICES:
12.1 The studio is under 24-hour recorded video surveillance and all Access ID fob usage is logged. You may not bring guests at any time without prior written consent from the studio and guests are allowed only during staffed hours. If this policy is violated, ezfit reserves the right to charge you a guest fee and/or suspend or terminate your membership at their discretion.
12.2 It is each member’s responsibility to wipe down the equipment and re-rack used weights.
12.3 Members are required to use the safety features of the equipment. If you are unsure about how to use a machine, you should obtain instructions from the staff or personal trainers.
12.4 All members are responsible for understanding how to operate the panic alarms and agree to use them only in case of an emergency
12.5 Abusive language, threatening or violent behavior, abuse of equipment, use of alcoholic or illegal substances, and smoking at the studio may result in suspension or termination of your membership.
12.6 No photography (including the taking of images through a mobile phone or camcorder) is allowed in any area of the studio.
12.7 Members must read all Health and Safety notices displayed in the studio and comply with their recommendations at all times. In particular, you must observe all instructions regarding the safe and proper use of each item of fitness equipment in the studio, recognizing that at times the studio will be unsupervised and that at such times you should not use any item of fitness equipment with which you are not familiar or in respect of which you have not previously received induction training from a qualified member of staff at the studio.
12.8 Persons under the age of 16 are not permitted in the studio unless supervised by an accompanying adult.
13. SALE OF STUDIO:
In the event of the sale or disposal of the studio to another company or to any other person, we may transfer your membership to the new owner. In such circumstances you will continue as a member of the studio and continue to pay your membership fees provided no changes to these terms or the studio rules having a material adverse effect on your use of the studio are made by the new owner. Any such disposal will not affect your contractual or statutory rights.
14. STATUS OF STUDIO (IF APPLICABLE):
All studios are operated under the terms of a franchise agreement granted by Redline Ventures Limited. In the event that the franchise agreement is terminated, you agree that all personal data gathered by ezfit acting as franchisee during the term of the franchise agreement may be transferred back to the Master Franchisee until the studio is transferred to a new franchisee, at which time the data will be transferred to the new franchisee.
Notices from you to the studio or ezfit must be in writing and addressed to the general manager at the studio. ezfit reserves the right to require evidence of posting or delivery where it has no record of receipt or the date of any notice appears inconsistent with the date of receipt. In these cases, the notice will be deemed not given unless such evidence is produced. Any notice handed to personnel at the studio must be receipted. Notices from ezfit to you will be displayed on notice boards at the studio.