Membership Terms & Conditions
Membership at Defy Gravity Fitness entitles you to:
- DISCOUNTS on all classes – the more you take, the more you save!
- PAY FORTNIGHTLY by direct debit.
- DISCOUNTED Private Lessons, Personal Training, Nutrition & Weight Loss Coaching
- Update your contact details with your studio when they change.
- Pay all agreed fees, ensure sufficient funds are available to cover all fees and advise us in advance if your bank account or credit card is closed or changed.
- Inform us in advance if there are any risks to your health if you participate in fitness services and if required seek approval from your Doctor or General Practitioner.
- It is your responsibility to cancel direct debit facilities in respect of your membership when this agreement expires or is terminated.
Overdue Fees & Revocation of Membership Entitlements:
- All entitlements and entry into the studio is revoked if a member’s account is in arrears.
- If your automatic direct debit reverses or is returned to us by your financial institution the following process will apply:
- If the debit remains outstanding it will be processed within 14 days of the reversal with any reversal and late fees that apply.
- If you fail to pay us the fees by the due date, we are entitled to refuse you entry to the Studio.
- If unpaid fees remain outstanding and after attempts by us to rectify the arrears, your membership may be forwarded to a collection agency for further action.
Cancellation / Termination:
During Cooling Off Period –
- Your membership is subject to a 72 hour cooling off period.
- The cooling off period applies to new memberships only and does not apply to membership renewals, upgrades or downgrades.
- The cooling off period starts from the date the agreement is entered into (the date the agreement is signed) and ends at the close of business 72 hours later.
- Your membership can be cancelled during the cooling off period by contacting the studio IN WRITING via the studio contact details as listed on the website.
- All monies paid will not be refunded. Defy Gravity may require an additional payment to recover costs in relation to any fitness services provided to the member within this period.
Permanent Sickness or Physical Incapacity –
- Defy Gravity requires a medical certificate stating that you cannot utilise any fitness services or facilities because of your permanent illness or physical incapacity.
- We may agree to cancel the membership upon payment of a cancellation fee of 10% of the minimum membership fee or $75.00 (whichever is less).
Cancellation for any other reason (within minimum term) –
- You may terminate your membership agreement before the expiry of the minimum term (or payment amount) if all instalments and fees due up to the date of termination are paid and the relevant cancellation fee is paid in full at the time of cancellation request. The cancellation fee, is the total amount of your remaining minimum cost.
Cancellation due to relocation (within minimum term) –
- You may terminate your membership agreement before the expiry of the minimum term (or payment amount) due to relocation, you must have relocated more than 25km from the nearest Defy Gravity Studio,
- Proof of relocation must be provided to Defy Gravity with a cancellation fee of $250.00.
- Defy Gravity has the right to deny cancellation due to relocation if proof of relocation does not meet these requirements.
Cancellations after completion of Minimum Term –
- Defy Gravity requires you to contact the studio IN WRITING via the Studio contact details as listed on the website advising of your cancellation request.
- There will be a period of notice of 28 days, unless otherwise specified, from the date of cancellation request to the date of termination, during which any payments that fall due must be paid in full.
- The notice period will exclude suspension or payment break time applied to your membership.
- 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 Defy Gravity and/or Ezidebit.
- You shall not consider that your membership agreement has been terminated until such time as this is confirmed in writing to you by Defy Gravity. Termination of your membership agreement will also terminate the Direct Debit Request Authority.
- Suspension of payments may be possible under the terms of your Membership Agreement.
- Payments may be suspended for a minimum of 2 weeks at a time so long as the total time suspended within 12 months does not exceed 12 weeks.
- In order to suspend payments you must contact Defy Gravity and complete required suspension form at least 3 days prior to the date of the first suspended payment,
- Suspensions will start from your next Direct Debit date at $10.00 per fortnight.
- Suspensions will not be backdated and any time spent on suspension will be added onto the minimum term of the Membership Agreement so that the sum of the instalments payable for the minimum term or number of payments shall still be payable regardless of any suspension or suspension charges made.