MEMBERSHIP TERMS AND CONDITIONS
These terms and conditions apply to the supply of goods and services, including group training, event training, running training, biathlon races and personal training services by East Side Crew Pty Ltd (ABN 26 139 878 890) of 6/70 Albion Street, Randwick NSW 2031 (East Side Crew). By participating in East Side Crew training sessions, you agree to be bound by and act in accordance with these terms and conditions. These terms and conditions apply from 1 October 2011. The most up-to-date terms and conditions always apply.
East Side Crew offers the following membership packages for outdoor group training. Each package enables the Crew member to attend East Side Crew mid week outdoor group training at the times and locations offered from East Side Crew from time to time and as publicised on the East Side Crew website. East Side Crew events training, including East Side Crew Run Club and East Side Crew events, including the Bronte Biathlon are not included in East Side Crew weekly membership unless expressly stated. East Side Crew reserves the right to offer additional mid week sessions to its clients for an additional cost from time to time or to reduce the number of sessions available at certain locations from time to time. Six Week Results Pack. Price: $60 per week for six weeks for a total cost of $360. If you agree to purchase a 6 week package you agree to pay a minimum of six instalments of $60 to East Side Crew or its nominee weekly in advance, whether or not you choose to attend training. Twelve Week Goals Pack. Price: $54 per week for twelve weeks for a total cost of $648. If you agree to purchase a 12 week package you are required to pay a minimum of twelve weekly instalments of $54 to East Side Crew or its nominee, whether or not you choose to attend training. Yearly Crew Membership. Price: $45 per week or a once off discounted up front payment of $1,500. The East Side Crew Yearly Membership runs from 1 October in a given year, to 30 September the following year. If you agree to purchase a yearly membership you are required to pay a minimum weekly instalments of $45 to East Side Crew or its nominee, whether or not you choose to attend training from the time you join to the next 30 September or you may chose to pay $1,500 up front for the yearly membership which runs from 1 October each year to 30 September the following year. There are no refunds at all for the up front payment, including but not limited to, injury or relocation.
New members are required to complete the East Side Crew client profile form prior to commencing any training with East Side Crew. New members are required to pay a once off joining fee of $4.00 to cover the costs incurred in setting up the member’s direct debit account.
ONGOING NATURE OF MEMBERSHIP
Your membership with East Side Crew is on an ongoing basis. If you purchase a six or twelve week package, your Crew membership will automatically renew at the start of each six or twelve week training block, as relevant, unless you provide us with written notification that you wish to suspend or cancel your East Side Crew membership at least 3 business days before the end of the term of your current package in accordance with these terms and conditions. You must provide East Side Crew with any changes to your contact details and account details as soon as possible.
The costs of personal training is the price agreed between the personal trainer and the participant. Payment for a personal training session with an employee or contractor of East Side Crew must be made in advance of the session, unless otherwise agreed. There is no refund for payment if you fail to attend a personal training session.
HEALTH AND SAFETY
Training with East Side Crew and participating in physical exercise involves risks, including risk of physical illness or injury, death and damage to property. By participating in East Side Crew training sessions, you represent and warrant for the benefit of East Side Crew, its officers, employees and contractors that you are physically capable of participating in East Side Crew training sessions and that you accept all risks necessarily from such participation which would result in loss of life or permanent injury. You must immediately notify East Side Crew in writing of any changes to your medical condition or of any condition or injury, which would affect your ability to safely participate in East Side Crew training sessions. We may suspend your membership until such time as you have received medical clearance from a GP or other healthcare professional to participate in East Side Crew training sessions. Each time you attend and East Side Crew training session you promise for the benefit of East Side Crew and its directors that you are in good physical condition and that you are not aware of any medical reason why you would not be able to participate in the East Side Crew training session.
Payment for your membership is to be made weekly in advance by direct debit from a transaction account or credit card. You can pay your weekly fees as far in advance as you like, up to the legal time limits. However, you are still required to provide us with your nominated debit account details for when advance payments end.
East Side Crew six week and twelve week and yearly packages may not be cancelled other than in accordance with these terms and conditions. To terminate your Crew membership, you must send an email to email@example.com requesting a cancellation to your membership and the grounds for cancelling your membership. The East Side Crew Annual or Yearly Membership may not be cancelled part way through the term for any reason. You may only cancel your East Side Crew twelve weekly or six weekly membership part way through the term due to permanent sickness, permanent physical incapacity, pregnancy, if you move outside a 20 kilometre radius of East Side Crew training locations, if you become bankrupt or if East Side Crew makes a material change to these terms and conditions which adversely affects you. For the avoidance of doubt, a change in the trainer conducting East Side Crew training sessions or a change in the time or location of an East Side Crew training session is not a material change to these terms and conditions. A fee increase of greater than 30% will be deemed to be a material change permitting cancellation. If requested by East Side Crew, you must provide East Side Crew with proper supporting documentation, including medical certificates as relevant. East Side Crew may, in its sole discretion agree to cancel or suspend your Crew membership for reasons other than those set out above. East Side Crew reserves the right to charge the full remaining price of your membership package for suspending or cancelling your membership part way through the term of your membership package.
We will suspend your Crew membership if you do not fully pay your fees on the date on which they are due. Your Crew membership will be suspended until such time as all outstanding membership fees payable have been paid to East Side Crew. You hereby authorise East Side Crew to continue to debit your transaction account or credit card until such time as all outstanding membership fees due and payable to East Side Crew have been made.
INCREASE IN FEES
East Side Crew reserves the right to increase its fees on a yearly basis, commencing 1 October each calendar year. We will provide you with notification of the increase in fees 2 weeks prior to the increase occurring.
East Side Crew will provide you with a refund of any amounts which have been overcharged by East Side Crew. If we cancel all East Side Crew training sessions you will receive a refund for any amounts paid in advance.
RELEASE AND INDEMNITY
You acknowledge and agree that East Side Crew is not responsible for any loss, damage or theft of property belonging to you, or which was brought to East Side Crew training by you, whilst you attend East Side Crew training sessions or any death, personal injury, illness or damage that occurs to you whilst attending and participating in an East Side Crew training session.
These terms and conditions are governed by the laws of New South Wales. Your East Side Crew membership is not transferrable or assignable and no rights or privileges under these terms and conditions are capable of assignment or novation.