Terms & Conditions

 Terms and Conditions     

                                                        

These are the Terms and Conditions on which Clube de Lutas Australia is willing to provide membership to you. Any variation to these Terms and Conditions must be in writing and signed by our authorized member of staff.

THIS IS AN IMPORTANT DOCUMENT – PLEASE ENSURE THAT YOU READ IT CAREFULLY.

  1. The member is entitled to unrestricted use of and access to Clube de Lutas Australia facilities subject to the club’s conditions rules, regulations and the terms of this membership agreement (“Agreement”) (which by signing, the member acknowledges having read and received). You acknowledge that you have received a copy of your Membership Agreement with this Agreement and that the details therein are accurate.
  1. You must ensure that you read, understand, and abide by the Rules (“Rules”) which are notified to you through signage, handouts, or our website clubedelutas.com.au
  1. During the process of entering into the Agreement with you and during the term of the Agreement we will obtain access to certain types of your personal information, such as information relating to your health and financial position. We will only use, disclose or deal with such information in accordance with our Privacy Policy. A full copy of our Privacy Policy is shown on our website clubedelutas.com.au
  1. You understand that your membership commences on the membership start date of this Agreement (or when the Club opens in the case of “pre-sales”) and is ongoing unless terminated in accordance with this Agreement.
  1. Provision of a safe and effective exercise program is dependent upon accurate health and fitness profiling. It is your responsibility to seek medical clearance prior to commencing any exercise program. You agree to disclose to us all relevant personal health and fitness information both prior to and during engagement in any exercise program, service or facility we provide to you, as part of your membership. This is inclusive of any health risk assessment, initial and periodic fitness assessment and relevant information or recommendations provided by your medical practitioner. You further warrant and represent that you will not use Clube de Lutas Australia or any of our facilities, services or products whilst you are suffering from any infections or contagious illness, disease or other ailment or whilst you are suffering from any physical ailment such as open cuts, or sores, or minor infections where there is a risk, however small, to other members and guests. We reserve the right to refuse entry or terminate memberships based on health reasons for the safety of our members.
  1. The member acknowledges that our staff and contractors are not medical professionals and they will not provide a medical opinion on which the member may rely.
  1. The member indemnifies Clube de Lutas Australia against all medical costs and expenses, including the costs of an ambulance when ordered by Clube de Lutas Australia for any injury or illness sustained at the club by the member or their guest, insofar as the injury or illness was not caused by the misconduct or negligence of Clube de Lutas Australia.
  1. For all memberships periods the member may cancel the Agreement within the Clube de Lutas Australia 7-day cooling off period from the membership start date, where no fee is payable (and any membership or joining fee paid will be refunded to the member), less the reasonable costs for services provided or business administrative processes.
  1. For all memberships, excluding 1 year membership if the member cancels after the cooling off period (if applicable), the member must give 28 days’ notice of termination and no cancellation fee will be applied.
  1. In this Agreement, “member” includes a guardian if the member is under 18 years old.
  1. If a member is under 18 years of age, the guardian: a. consents to the member being a member of the health club has read and understands this Agreement and will use reasonable all endeavours to ensure that the member complies with this Agreement.
  1. Operating hours may differ between clubs and can be requested from the member’s club or reviewed on our website clubedelutas.com.au
  1. You must keep us promptly informed of any changes of address, phone contact numbers, email address, bank account and credit card details for payment and any other personal information that is relevant to your membership with us.
  1. $10.00 failed payment fees apply if your weekly membership payment is rejected for any reason, unless the rejection is caused by Clube de Lutas Australia.
  1. Membership suspension/time stop is available for a minimum of one (1) week and a maximum of six (6) weeks with any membership term. Further extensions will not be granted under any circumstances including but not limited to illness or injury. A $10 per week administration fee applies while on hold. Each year commences on the anniversary of your joining date. Requests for time stop must be done in person with the club you have signed your Agreement with and additional suspensions are at the sole discretion of club management upon the production of a valid medical certificate.
  1. To the extent of the law and in accordance with our Privacy Policy, the member consents to and authorises the use and reproduction by Clube de Lutas Australia and its agents, for information and details relating to the member’s participation in the club’s activities, including but not limited to photographs, training results, comments and testimonials both written and recorded on audio and on video, first name and initial, suburb and age.
  1. The member fully understands that the above information may be used for advertising for the club.
  1. To the extent of the law and in accordance with our Privacy Policy, you understand and agree that Clube de Lutas Australia may transmit the photographs/films of the images taken of such classes for commercial and marketing purposes on its website and in publications, which may include but is not limited to photographs or videos on social media, posters, newsletters and catalogues etc. Clube de Lutas Australia will take reasonable steps to store securely any photograph or video containing your image and Clube de Lutas Australia will take reasonable steps to ensure that neither Clube de Lutas Australia nor its employees use the photographs or videos for any unauthorised use nor modify them inappropriately and will retain them only for the purpose for which it is intended.
  1. You release and indemnify Clube de Lutas Australia its agents, officers and employees from any claims and demands arising out of or in connection with the use of your image on such photographs/films, including but not limited to claims of breach of Privacy Policy or the Australian privacy laws, defamation or financial compensation. Intellectual property in all photographic or video material belongs to Clube de Lutas Australia and you agree to assign to Clube de Lutas Australia any personal, moral or other intellectual property rights you may have in the material on request and without further consideration.
  1. Non-use of the facilities by the member gives no right to a rebate, cancellation or refund of the membership fee. If Clube de Lutas Australia remains closed during the advertised trading hours, then currently under Fitness Australia regulations (“Hours of Opening”) – excluding any Public Holidays – then the membership will be automatically credited a period equal to the duration of the closure.
  1. The member warrants that he/she will obey all rules and regulations and any lawful and reasonable direction of Clube de Lutas Australia staff and that they will not conduct themselves in any way that would present a danger to, or create a nuisance for staff or other members using Clube de Lutas Australia.
  1. We can refuse entry to Clube de Lutas Australia, cancel your membership and / or terminate the Agreement without warning or notice for inappropriate, threatening or harassing behaviour, damaging equipment or facilities, or use of illegal or performance enhancing drugs in Clube de Lutas Australia. You may not conduct, promote, or solicit other business in the Club without prior permission of Clube de Lutas Australia management. No refunds will be issued. The exercise of this clause by Clube de Lutas Australia is at the sole discretion of the manager of the club.
  1. Member agrees to have his/her photograph taken for use in member identification and the member must show his/her valid Clube de Lutas Australia membership card before entry. Membership cards are not transferable and must be shown on every visit to gain entry. Photo identification is necessary with Clube de Lutas Australia membership purchase and an ID photo will be taken for the Clube de Lutas Australia database records only.
  1. The member acknowledges that if he/she allows their membership card to be used by another person for the purpose of obtaining admission, they will be deemed to have repudiated the Agreement and we may terminate the Agreement with you being liable to pay all monies due under this Agreement, including but not limited to all membership fees payable until the expiry of the Agreement.
  1. In the event of a lost or stolen membership card, you should contact Clube de Lutas Australia regarding the reissue of a replacement card. A fee of $10 will be charged to cover the cost of the replacement card.
  1. The member expressly acknowledges that Clube de Lutas Australia reserves the right to change the nature, format, presentation or number of services and facilities as deemed suitable, including class schedule and equipment. As much warning of any changes as is practicable, will be provided for member’s information at the Club/s, social platforms and / or on the website.
  1. Cancellation Procedures – Any request for membership cancellation must be made in person at Clube de Lutas Australia premises. A resignation form will need to be completed and authorised by the member. Requests via phone, fax, email or other mediums will not be processed. All cancellation requests are subject to 28 days’ notice, meaning four (4) more weekly fees will be debited from your account, in accordance with clause 8 of this Agreement.
  1. The member accepts Clube de Lutas Australia reserves the right to incrementally increase all club membership fees on 1 August each year by an amount not more than the increase in the Consumer Price Index plus 2%, at its sole discretion. All membership fees may be recovered from your nominated credit / debit account (as provided from time to time). Any fees charged to us because of a rejection when collecting your due membership fees may be charged directly to you by us.
  1. Collections – Clube de Lutas Australia has an arrangement with a third party provider and as such we are obliged to manage accounts in a professional manner and reserve the rights to refer overdue amounts to collections. In the event of payment default the member will be liable to Clube de Lutas Australia for all outstanding monies due on the entire balance of the membership contract and will be liable to pay Clube de Lutas Australia debt recovery expenses and legal costs.
  1. If a membership fee payment remains outstanding, you agree that, unless we are in breach of our obligations under the Agreement, we may continue to debit the nominated credit / debit account for the total amount due without notice to you.
  1. The fee structure for membership payment is as follows:
    1. Weekly membership fees are payable in advance.
    2. For multiple memberships, the primary member will be responsible for the payment of the membership fees for all associated Memberships.
  2. If you fail to pay the membership fees by the due date, Clube de Lutas Australia reserves the right to refuse entry to any Clube de Lutas Australia facilities until such outstanding payment is received.
  1. The member’s rights will be automatically suspended if the member is in default by not meeting his/her required membership payments under this Agreement. If any instalment or fees are not paid on the due date, and remain in arrears, then the full balance of the membership may become immediately payable upon demand.
  1. Pre-paid membership – All pre-paid memberships are non-refundable and non-transferable.
  1. The member may not transfer his/her rights under this Agreement without Clube de Lutas Australia consent Clube de Lutas Australia may allow the member transfer his/her Agreement to a third party who is not a current Clube de Lutas Australia member or recent Clube de Lutas Australia member within the last three (3) months. Upon approval from management and completion of the Clube de Lutas Australia membership transfer form, the balance of the minimum term and all rights under this agreement including all financial requirements are then the responsibility of the new member listed as the person taking over the membership. (Note the transfer is not valid unless an administration fee is paid on or before the time of request).
  1. Clube de Lutas Australia may assign its rights and obligations under this Agreement at any time without the member’s prior consent.
  1. The member (or a guardian of a member under the age of 18) warrants as fundamental condition of this Agreement, that the participating member is: a. medically able to participate in physical exercise and has the ability to use the gym facilities and train in a class environment b. is not aware of having or had any physical or mental disability conditions or disease which might be aggravated or worsened by physical exercise or which could result in deterioration of health if physical exercise is undertaken.
  1. The member acknowledges that Clube de Lutas Australia offer no warranty that the programs, advice or facilities available to the member are approved by any medical or other authority.
  1. The member (or guardian of a member under the age of 18) warrants, indemnifies and releases Clube de Lutas Australia, employees, agents and contractors, from any claim: a. which may, by reason of the member suffering disease, deterioration of health, illness or aggravation of any condition of ill health as a result of participation in sessions or programs, or by acceptance of advice, or during the use of Clube de Lutas Australia facilities; b. for personal injury sustained by the member while within on or about the health club/gym facilities; or which Clube de Lutas Australia may suffer or incur, to the extent the loss arose or the expense arose due to the failure by the member to observe its obligations under this Agreement.
  1. To the extent permitted by law, and with the exception of personal injury or death claims, Clube de Lutas Australia excludes all liability, loss, damage, costs and expenses incurred by the member. Clube de Lutas Australia’s liability under this Agreement is limited to the total cost of the member’s membership fees in the preceding 12 months.
  1. Members shall have the legal capacity to enter in to this Agreement (i.e. be greater than 18 years of age). If the member is under 18 years of age, he/she represents that he/she has obtained the consent of his/her guardian prior to entering in to this Agreement, and that the signature of the Parent / Guardian contained herein, is that of the member’s Parent / Guardian.
  1. The member (or guardian of a member under the age of 18) accepts that with any physical activity, there is a risk of either minor or major accidents, illness, sickness, injury or death occurring. The member (or guardian of a member under the age of 18) acknowledges that the member uses the club and facilities at his/her own risk
  1. Except as prevented by fires, war, strikes, government regulations or similar causes, Clube de Lutas Australia will during the membership period maintain the hours of opening and in the event that the health club facilities regularly used by the member are closed for any reason, the member agrees to accept similar substitute facilities within the Clube de Lutas Australia network within a reasonable distance from the health club.
  1. Despite any other provision in this Agreement, Clube de Lutas Australia and/or the reserve the right to cancel this Agreement at any time by notice in writing. Clube de Lutas Australia may determine in its sole discretion to provide the member with a refund of any moneys paid and attributable to the remaining membership period after that cancellation.
  1. This Agreement itself does not confer upon the member any interests in any assets of the gym/club, the manager or any right to participate in the management of the health club, its premises and the health club facilities or in the profits or assets of the club and the manager.
  1. Contractors and franchisees may provide services at Clube de Lutas Australia. Fees for such services are paid directly to the Contractors (these may include, but are not limited to Personal Trainers and Instructors). We take no responsibility for the fees paid to these Contractors. Any claim which you might have as a result of an act or failure to act by a Contractor (whether or not payment has been made to the Contractor) will be brought against, and will be the responsibility of that Contractor and not Clube de Lutas Australia You hereby agree not to hold us liable and you agree to indemnify us and keep us indemnified for any claims suffered by you as a result of negligence by a Contractor.
  1. Club management has the right to amend the Rules and fitness services provided at any time without notice.
  1. If you have a Prepaid Fixed Term Agreement (paid in full upfront payment), it will terminate automatically upon expiry of the minimum term of the Prepaid Fixed Term Agreement. Except as provided in this Agreement all monies are non-refundable.
  1. The member/guardian acknowledges that whilst on Clube de Lutas Australia premises their child / children are within the facility at the member/guardians’ own risk and will not hold Clube de Lutas Australia liable.
  1. The member acknowledges that any hot/cold beverages or food consumed, spilt, knocked, bumped is at the members own risk and will not hold Clube de Lutas Australia liable for any injuries or sickness that is suffered by a member or guest, including but not limited to burns and cuts.
  1. Upon turning 18 years of age a kids/youth member will automatically have his or her weekly membership payment adjusted to the Standar or Premium membership rate for the remaining balance of his or her minimum term. We will provide you with these rates upon request.
  1. You agree not to hold Clube de Lutas Australia liable for any damage, loss or theft to property on the premises including but not limited to in lockers or in the carpark. Clube de Lutas Australia and the do not act as a bailee of the member’s property.
  1. If Clube de Lutas Australia decide not to enforce our rights against you due to your breach of this Agreement at any time, it does not mean that we waive our right to do so.
  1. Any renewal/extension of this Agreement is undertaken with the understanding that the Agreement may change at the option Clube de Lutas Australia. If a variation to this Agreement is made, Clube de Lutas Australia will notify you in writing and the updated Agreement will apply after the minimum weekly term expires, unless you notify us in writing, within 7 days of being provided with the updated Agreement, that you wish to terminate the Agreement.

  1. I confirm that I have enough knowledge to be able to use all the equipment in the Fitness Corner. I understand that using the Fitness Corner outside of Fitness Focused classes will not include supervision by an instructor. I accept full responsibility in the event of any injury or death that may occur in the use of any gym equipment. This also includes any independent work out I may do during unsupervised hours. I understand that CDL is not responsible for teaching me how to use the equipment outside of Fitness Focused classes.
  1. Your 7 day trial is based on 7 continuous days including weekends. During the 7 day trial you will have full access to all activities and facilities offered by Clube De Lutas. A one off 15% discount will be offered for any uniform and merchandise before the completion of the 7 day trial.
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