Common use of Term and Fees Clause in Contracts

Term and Fees. 3.1. Membership fees are set out in the Engagement Form and will be subject to review on an annual basis having regard to the operating costs of FP and the fees charged by the Facilities. 3.2. Membership is for an initial fixed term of one (1) year commencing on and from the date of the Member’s first fee payment. The Member may attend any participating Facilities on the specified package list one fortnight after Membership commences. 3.3. Subject to clause 3.4, all membership fees must be paid on or before the due date by direct debit from the Member’s nominated account. You must sign all forms and provide all authorities reasonably requested by FP to ensure that the direct debit facility is established and maintained during the currency of the Membership. 3.4. Notwithstanding clause 3.3, if agreed between the parties in writing, Membership fees may be paid on behalf of the Member by the Member’s employer by way of payroll deduction. Notwithstanding any agreement in respect of payroll deduction, you acknowledge and agree that you will remain liable for the Membership fees and will immediately pay any outstanding Membership fees if they are paid by your employer. Payment via payroll deduction is no longer a payment option for new members. This clause only applies to those members with existing payroll deduction arrangements in place. 3.5. If you cancel your Membership and rejoin at a later date, the subsequent membership will be governed by FP’s trading terms current at the time you rejoin and will constitute a separate agreement for the term detailed in that separate agreement. 3.6. If a regular payment is agreed by FP, and notwithstanding expiration of the initial fixed term, you will continue to be automatically charged the regular Membership fee following the initial term of one (1) year until you contact your employer and request a cancellation (and that request is passed on to FP) or the Membership is cancelled by FP. In all cases you must return all ID card(s) issued by FP or a Facility to your workplace facilitator or a photo of the cut up card (across the barcode) should be sent to FP before automatic payments are cancelled. 3.7. Without limiting any other rights FP might have at law or under this Agreement, if a payment to FP is suspended or cancelled for any reason, then the Member must, on request by FP, immediately pay the amount owed or FP may immediately cancel that Member's Membership without notice. Fees will continue to accrue until the ID card is returned. If this occurs before the initial 12 month minimum period transpires, applicable cancellation fees may also apply. 3.8. In addition to, and without limiting clause 3.7, where a periodic direct debit payment is not received by FP or otherwise fails without fault of FP, FP will be entitled, and you hereby authorise FP to, recover the amount of the failed payment in addition to and at the time the next periodic payment is due (that is, the next immediate periodic payment will be for an amount equal to 2 times the usual periodic payment). You must sign any document and provide your authority to ensure the additional amount can be recovered via the existing direct debit facility by FP. If the subsequent direct debit payment is also not received or otherwise fails you must pay FP an account dishonour fee of $5.00 for each occasion that the subsequent direct debit payment/s is not received or fails. 3.9. Membership fees paid in advance will not be refunded except in the specific circumstances referred to in clause 10. 3.10. The first periodic payment of the Membership Fee will be applied by FP to the cost of the Membership card that will be issued to each Member from FP and for the administration processes involved. This amount is not refundable. 3.11. Where the FP issued card is lost, stolen or damaged, FP will charge you a fee of $10 for each replacement card FP issues. A Facility may charge you a fee to issue Facility specific access cards, tokens or passes. This fee is payable to the Facility in addition to the membership fees. 3.12. A Member may be liable to pay any fees incurred by FP in establishing and maintaining the payment arrangement, due to his or her nominated bank account being declined for payment. 3.13. Notwithstanding clause 3.1, you acknowledge and agree that it may be reasonably necessary from time to time, but at intervals no more frequently than 6 months, for FP to increase the membership fees on account of increases in operating costs and other costs incurred by FP which are outside of the control of FP. FP will use reasonable endeavours to notify members not less than one fortnight in advance of any such increase, which once notified will apply to that Member for the balance of the term of their membership. Members acknowledge that membership fees may be increased during their initial one (1) year contract term. 3.14. You may accrue additional fees in the event that you do not return your Membership card upon request as per clause 10.6. 3.15. If you, or any other person continues to try and use the facilities under your Membership after you become ineligible, or your membership is cancelled, FP reserves the right to charge you as the primary member for all costs incurred. 3.16. If a FP member wishes to attend a facility located inside a licenced premises (e.g. Leagues Club or RSL Club) the FP member may be required to join the club directly as a member to be able to access the facility and any such access will be subject to any terms attached to that club membership. 3.17. At the time of this Agreement, less than 1% of the gyms and pools on Fitness Passport charge a joining fee, however FP cannot guarantee this will remain the position for the Term. Any gyms that charge an additional fee like this will have it noted on the Fitness Passport website so members can make an informed choice about whether to use these facilities. You should ensure that you regularly review those terms of use for each individual Facility. 3.18. If you visit a facility that uses a Fitness Passport i-pad scanner to record visits, you must swipe your Fitness Passport card or key in your details on every visit. This includes those facilities that are 24/7 facilities that can be accessed outside of staffed hours. 3.19. If you do not register your visit on a Fitness Passport scanner when you access the facility (regardless of whether you have already swiped into the facility using the facility’s own access card), you will be charged a $15 fee for each visit that you have made where you did not register your visit.

Appears in 1 contract

Sources: Member Engagement Terms and Conditions

Term and Fees. 3.1. Membership fees are set out in the Engagement Form and will be subject to review on an annual basis having regard to the operating costs of FP and the fees charged by the Facilities. 3.2. Membership is for an initial fixed term of one one (1) year commencing on and from the date of the Member’s first fee payment. The Member may attend any participating Facilities on the specified package list one fortnight after Membership commences. 3.3. Subject to clause 3.4, all membership fees must be paid on or before the due date by direct debit from the Member’s nominated account. You must sign all forms and provide all authorities reasonably requested by FP to ensure that the direct debit facility is established and maintained during the currency of the Membership. 3.4. Notwithstanding clause 3.3, if agreed between the parties in writing, Membership fees may be paid on behalf of the Member by the Member’s employer by way of payroll deduction. Notwithstanding any agreement in respect of payroll deduction, you acknowledge and agree that you will remain liable for the Membership fees and will immediately pay any outstanding Membership fees if they are paid by your employer. Payment via payroll deduction is no longer a payment option for new members. This clause only applies to those members with existing payroll deduction arrangements in place. 3.5. If you cancel your Membership and rejoin at a later date, the subsequent membership will be governed by FP’s trading terms current at the time you rejoin and will constitute a separate agreement for the term detailed in that separate agreement. 3.63.5. If a regular payment is agreed by FP, and notwithstanding expiration of the initial fixed term, you will continue to be automatically charged the regular Membership fee following the initial term of one (1) year until you contact your employer or FP and request a cancellation (and that request is passed on to FP) or the Membership is cancelled by FP. In all cases you must return all ID card(s) issued by FP or a Facility to your workplace facilitator or FP or a photo of the cut up card (across the barcode) should be sent to FP before automatic payments are cancelled. 3.73.6. Without limiting any other rights FP might have at law or under this Agreement, if a payment to FP is suspended or cancelled for any reason, then the Member must, on request by FP, immediately pay the amount owed or FP may immediately cancel that Member's Membership without notice. Fees will continue to accrue until the ID card is returned. If this occurs before the initial 12 month minimum period transpires, applicable cancellation fees may also apply. 3.83.7. In addition to, and without limiting clause 3.7, where a periodic direct debit payment is not received by FP or otherwise fails without fault of FP, FP will be entitled, and you hereby authorise FP to, recover the amount of the failed payment in addition to and at the time the next periodic payment is due (that is, the next immediate periodic payment will be for an amount equal to 2 times the usual periodic payment). You must sign any document and provide your authority to ensure the additional amount can be recovered via the existing direct debit facility by FP. If the subsequent direct debit payment is also not received or otherwise fails you must pay FP an account dishonour fee of $5.00 for each occasion that the subsequent direct debit payment/s is not received or fails. 3.93.8. Membership fees paid in advance will not be refunded except in the specific circumstances referred to in clause 10. 3.103.9. The first periodic payment of the Membership Fee will be applied by FP to the cost of the Membership card that will be issued to each Member from FP and for the administration processes involved. This amount is not refundable. 3.113.10. Where the FP issued card is lost, stolen or damaged, FP will charge you a fee of $10 for each replacement card FP issues. A Facility may charge you a fee to issue Facility specific access cards, tokens or passes. This fee is payable to the Facility in addition to the membership fees. 3.123.11. A Member may be liable to pay any fees incurred by FP in establishing and maintaining the payment arrangement, due to his or her nominated bank account being declined for payment. 3.133.12. Notwithstanding clause 3.1, you acknowledge and agree that it may be reasonably necessary from time to time, but at intervals no more frequently than 6 months, for FP to increase the membership fees on account of increases in operating costs and other costs incurred by FP which are outside of the control of FP. FP will use reasonable endeavours to notify members not less than one fortnight in advance of any such increase, which once notified will apply to that Member for the balance of the term of their membership. Members acknowledge that membership fees may be increased during their initial one (1) year contract term. 3.143.13. You may accrue additional fees in the event that you do not return your Membership card upon request as per clause 10.6. 3.153.14. If you, or any other person continues to try and use the facilities under your Membership after you become ineligible, or your membership is cancelled, FP reserves the right to charge you as the primary member for all costs incurred. 3.163.15. If a FP member wishes to attend a facility located inside a licenced premises (e.g. Leagues Club or RSL Club) the FP member may be required to join the club directly as a member to be able to access the facility and any such access will be subject to any terms attached to that club membership. 3.173.16. At the this time of this Agreement, less than 1% of the gyms and pools on Fitness Passport charge a joining fee, however FP cannot guarantee this will remain the position for the Term. Any gyms that charge an additional fee like this will have it noted on the Fitness Passport website so members can make an informed choice about whether to use these facilities. You should ensure that you regularly review those terms of use for each individual Facility. 3.183.17. If you visit a facility that uses a Fitness Passport i-pad scanner to record visits, you must swipe your Fitness Passport card or key in your details on every visit. This includes those facilities that are 24/7 facilities that can be accessed outside of staffed hours. 3.193.18. If you do not register your visit on a Fitness Passport scanner when you access the facility (regardless of whether you have already swiped into the facility using the facility’s own access card), you will be charged a $15 fee for each visit that you have made where you did not register your visit.

Appears in 1 contract

Sources: Member Engagement Terms and Conditions