TERMS & CONDITIONS

• These terms and conditions contain important information about be coming a 5th Element Wellness member. You should read this document carefully and make sure you understand it before you join. If you do not understand something, ask us or seek advice.
• What is set out in this agreement overrides anything that anyone may have said to you. If there is something in this agreement different to something that you may have been told, you should tell us before you sign this agreement.
• The terms and conditions and our club rules may change from time to time. The most up-to-date version of our terms and conditions and club rules will always apply. You can find copies of our most recent terms and conditions at our club.
• These Terms of Service apply to the use of our website and to all memberships and services provided by 5th Element Wellness Pty Ltd.

1.1 In this agreement there are some words and terms used repeatedly. To make things easier to understand, when we use those words and terms they will have the following meanings:

• 5EW, the Company, us, we, our means 5th Element Wellness Pty Limited; ABN 49 162 247 467.
• Member, you, your means the person described in the Membership Agreement, enrolment documentation, or sign-up record and referred to as the member.
• Membership means any membership, plan, agreement or arrangement with 5th Element Wellness Pty Limited that includes recurring automatic debit payments, including but not limited to gym access memberships, personal training, semi-private personal training, online coaching, fitness services, coaching services, bundled services, or any other ongoing or recurring payment arrangement, unless expressly stated otherwise.
• Membership Agreement means the agreement, enrolment documentation, online sign-up, or confirmation communication provided to you at the time of joining which outlines the specific terms of your membership, including payment frequency, minimum committed period (if applicable), and inclusions.
• Agreement means this contract.
• Rules means the rules specified in these terms and conditions, in-club signage and handouts, and rules relating to the use of club equipment and member behaviour.
• Bookings refers to all services conducted or offered by 5EW.

2.1 This membership agreement is a legally binding contract between you and us.

2.2 By entering into this agreement, you purchase a membership and/or services and agree to comply with all terms and conditions set out in this agreement, together with the specific terms outlined in your Membership Agreement.

2.3 You acknowledge that neither the Company, nor anyone acting on behalf of the Company, has made any representations, guarantees or promises upon which you are relying in entering into this agreement, except as expressly set out in this agreement or your Membership Agreement.

2.4 You agree that this document, together with your Membership Agreement, constitutes the entire agreement between you and us.

2.5 If any part of this agreement is found to be invalid or unenforceable, the remaining parts will continue in full force and effect.

2.6 If the Company does not exercise any right it has under this agreement at any time, this does not mean that the Company has waived that right. Those rights may still be exercised later.

3.1 We offer a range of membership and service arrangements which may vary in duration, payment frequency (including fortnightly or monthly), minimum committed periods, and inclusions. The specific terms that apply to your membership are set out in your Membership Agreement.

3.2 Your membership will continue in accordance with the terms outlined in your Membership Agreement and these terms and conditions until it is cancelled in accordance with clause 7.

3.3 All memberships are subject to these terms and conditions, company policies, rules and limitations, including any future changes to those terms, policies, rules or limitations as permitted by law.

3.4 Memberships may be assigned to a new owner in the event of a sale or transfer of the business.

3.5 Memberships and associated fees are not refundable except as required by law.

3.6 You are responsible for ensuring that your contact details, address and nominated payment details remain current and accurate. Failure to update these details does not exempt you from membership obligations, including recurring automatic debit payments.

4.1 Fees and charges payable by you, as set out on the Membership Agreement, are payable in advance.

4.2 Upon joining 5EW, you authorise us to charge or cause transfers to be made from your nominated direct debit account.

4.3 The above authorisation is a continuing authorisation until your obligations under this agreement are fulfilled or until your membership is terminated or cancelled and continues upon assignment of the agreement to a new owner of the business.

4.4 The above authorisation includes (but is not limited to) recurring fees, membership fees, vitamins, supplements, services, GST and any unpaid fees. Rate includes GST at 10%, if GST rate was increased the GST payable would be amended to reflect this.

4.5 We may recover from you any merchant or other fees attendant upon credit card use or charged to us as a result of payment by you, whether by credit card or otherwise.

4.6 We reserve the right to charge you a processing fee being the reprocessing fee in the event of dishonour of your direct debit.

4.7 We use a third party as a direct debit billing provider and you may be asked to fill out a Direct Debit Request (DDR) to allow deductions from your financial institution of choice.

4.8 Refunds will not be given because you haven’t used the gym, or for any other reason

5.1 You may cancel the contract at any time before midnight on the fifth business day after signing this agreement by delivery in writing to the club or the address shown on the membership agreement. A business day is any day except a weekend or public holiday. This notice may also be given by email. Note that various promotions may apply when you join that extend the cooling off period.

5.2 Upon cancellation under this clause you will be refunded 80% of the fees and monies paid. The refund will only be paid via EFT or cheque within 10 business days. No cash refunds will be issued.

6.1 You can elect to transfer your membership to another person. Note that a transfer fee will apply.

6.2 We can transfer your contract to a person, firm or company at any time without giving you notice. We can also sub-contract our obligations to someone else without notice.

7.1 To cancel your membership or any automatic debit, you must submit a minimum of fourteen (14) days written notice via our cancellation form at www.5ew.com.au/cancellations. Any automatic payment due within the minimum fourteen (14) day period will still be collected and you will continue to have access to the club and paid services for the duration covered by your final debit. Cancellations submitted by email or any other method will not be recognised as an official cancellation request for processing. Only cancellations submitted via the link above will be processed.

7.2 If you are still within your minimum committed period and cancel your membership, a $150 cancellation fee will apply.

7.3 If you have completed your minimum committed period or are on a Fortnightly or Monthly Ongoing membership, you may cancel in accordance with clause 7.1 without incurring a cancellation fee.

7.4 If a cancellation request is submitted while a membership or any associated automatic debit is on suspension, the suspension will end as of the cancellation request date and the membership and automatic debit will be reactivated for the required fourteen (14) day cancellation notice period.

7.5 The fourteen (14) day cancellation notice period will commence from the date the cancellation request is submitted. Any scheduled automatic payment within this notice period will still be collected, and the member will have access to the club and paid services during this time.

7.6 Suspension periods cannot be used to avoid or reduce a cancellation notice period or final membership or automatic debit payment.

7.7 Time spent on suspension does not count towards a membership’s minimum committed period.

8.1 Members must be at least 16 years old to exercise unaccompanied. Those aged 14–16 years old may exercise if accompanied by a guardian.

8.2 We recommend that, if you are under 18, you seek medical advice about the right exercise for you.

8.3 Your membership allows you to use the club as per the terms and conditions, following the Code of Conduct & House Rules.

8.4 Membership card – you will be provided with an access card when you join and this must be scanned each time you enter the club. A replacement card will cost $10.

8.5 Lockers – we provide lockers for use when you are exercising in the club. These are not security lockers and valuables are left in at your own risk. You are responsible for ensuring your locker has an operational lock. You are not to store your personal belongings when you are not in the club. Lockers that are left locked overnight may be opened and your belongings discarded.

8.6 Clothes – members and guests must wear suitable clothes and enclosed sports shoes in all exercise areas aside from during Yoga classes.

9.1 You are responsible for using our facilities, equipment and services correctly. If you are in doubt please see a staff member prior to using the facilities, equipment or services.

9.2 We reserve the right to remove, delete or replace equipment and/or services at our clubs.

9.3 We also reserve the right to vary equipment, services and hours of operation of our club.

9.4 It is acknowledged that equipment and services are available on a “first come, first served” basis. However any company services such as Personal Training or Group Personal Training will always have the priority with the equipment and at times certain areas and equipment may be reserved.

9.5 We may on occasion close the club for refurbishment. If we close for more than 2 days you may request a time freeze at no cost.

9.6 Membership fees will not be reduced due to a club closure for renovations or due to closure on a public holiday.

10.1 It is up to you to let us know if you have any medical or physical condition which might prevent or affect your use of our facilities.

10.2 By entering into this agreement you are representing that you have no such adverse medical or physical condition and that you are not aware of any health or medical reason why you should not use our facilities and services.

10.3 You also acknowledge that we have not given you medical advice and cannot in the future give you medical advice in respect of your condition and your ability to use the facilities.

10.4 You should check with your doctor before using the facilities if you have any doubts or concerns in that regard.

10.5 If your medical condition changes after you join you must inform us prior to using the facilities.

11.1 You acknowledge that the use of our facilities and services involves risk of injury ranging from minor injury to death. This includes the risk of soft tissue injuries, broken bones and joint injuries.

11.2 You agree to make sure that you know how to exercise safely and will ask for assistance or advice if necessary.

11.3 You agree that your use of facilities and services is on the basis that you accept such risk and that you agree that the Company its officers, directors, employees, volunteers, agents and independent contractors will not be liable for any injury (including, but not limited to, personal, bodily or mental injury, economic loss or damage) to you, your partner, spouse, unborn child or relatives.

11.4 You also agree that we will not be liable for any personal property that is damaged, lost or stolen while on our premises unless caused by an act of gross negligence by the Company. This includes any motor vehicle and anything in any motor vehicle.

11.5 You will be responsible for the cost of repair and/or replacement of any damage contributed to or caused to our property by you or your guest.

11.6 Still and Moving Image Release – You give your unreserved permission for all still and moving images; provided by yourself, taken or recorded by or on behalf of or made available to 5th Element Wellness to be used in any or all of the promotional and advertising material of 5th Element Wellness for their use as they see fit.

You agree to waive your rights and claim, present and future, to any fees or royalties or other benefits whatsoever for or in connection with the use of the Images. You agree that the Images may be used in various media formats including online media, social media, print, newspaper, video, public displays television and electronic means of communication and in any edited form.

If you wish to withdraw permission for Images to be used, you will inform 5th Element Wellness in writing. You understand if you withdraw permission for the Images to be used, that 5th Element Wellness will cease any future new publication or use of the Images, but the images may appear in printed and electronic material which has already been produced or disseminated.

12.1 You acknowledge that we have in place membership policies, rules and regulations for the use of equipment, use of the premises and in relation to membership.

12.2 We reserve the right to vary such policies, rules and regulations from time to time.

12.3 Violation of membership policy, rules and regulations may result in suspension or termination of membership at our sole discretion.

12.4 We reserve the right to refuse entry to anyone, including members.

13.1 We follow the VIC Industry Code of Practice (“the Code”).

13.2 In the event of any inconsistency between this agreement and the Code, the provisions of the Code will prevail to the extent of the inconsistency.

14.1 Fitness Services include but are not limited to Personal Training (PT) sessions, Group Fitness Classes, and access to classes in the Yoga Studio. These are non-transferrable.

14.2 Memberships may include the automatic debit of a weekly PT session from the payment details provided for membership deduction. This will be at the most current price for the respective coach you have been allocated. You are encouraged to conduct a weekly PT session each week, however in the event this doesn’t take place you have 30 days from the transaction date to use the respective PT session before it expires.

14.3 No refunds are possible for Fitness Services for any reason.

15.1 To book appointments for our various facilities and services you should use the MindBodyOnline software.Or where unable seek assistance through your coach or a staff member.

15.2 Early Cancellation – If you require to cancel or reschedule a booking this must be done more than 12 hours in writing via reception or through your Personal Trainer. You will not be charged or deducted for this session.

15.3 Late Cancellation – If you cancel a booking within 12 hours of the appointed time this will still be charged/deducted. This is also true if you do not show for a booking. Also no reschedules are also possible within 12 hrs.

15.4 Bookings start and finish strictly on time. If you are running late the Company has the right to refuse your participation due to safety concerns. Also we are not required to extend finish times to accommodate lateness.

16.1 You may suspend your membership free of charge for a minimum of one (1) week and up to a maximum of twelve (12) weeks per suspension. Each suspension request must include a defined end date selected by the member at the time of submission.

16.2 While a membership is on suspension, access to the club and services is paused. Any purchased services and automatic debit arrangements associated with the membership will also be delayed to align with the suspension period.

16.3 Notice of any suspension request must be submitted via the form located at https://5ew.com.au/suspension/ at least three (3) days prior to the requested suspension start date. Suspension requests submitted by email or any other method will not be recognised.

16.4 Time spent on suspension does not count towards a membership’s minimum committed period.

16.5 If a cancellation request is submitted while a membership is on suspension, the suspension will end as of the cancellation request date and the membership will be reactivated for the required fourteen (14) day cancellation notice period, in accordance with clause 7.

16.6 Suspension periods cannot be used to avoid, reduce, delay, or offset a cancellation notice period or final membership payment.

16.7 It is the member’s responsibility to manage their membership suspension, including monitoring the suspension start and end dates submitted by the member. All suspensions have a defined end date chosen by the member at the time of request.

16.8 While we may endeavour to provide courtesy reminders prior to a suspension ending, this is a customer service measure only and not a requirement or obligation. Members must not rely on the company to notify them of a suspension ending or of membership access and automatic debit billing resuming. Membership access and automatic debit billing will resume in accordance with the suspension end date submitted by the member.

16.9 Failure to monitor or remember a suspension end date does not constitute grounds for a refund, reversal or waiver of membership fees.

16.10 Upon submission of a suspension request, we will send a confirmation email acknowledging receipt and acceptance of the suspension. If a member does not receive a confirmation email within seven (7) business days, it is the member’s responsibility to contact us at support@5ew.com.au to confirm that the suspension request has been successfully received and processed.

17.1 Our Personal Trainers are either employed or contracted to work exclusively at 5EW. Any sessions conducted outside the premises should be paid directly to 5EW with all membership terms and conditions applicable.

17.2 Our Personal Trainers are internally graded based on their experience and qualifications. Prices may vary due to this reason.

17.3 If your Personal Trainer is on leave, no longer employed, or they are unavailable for any reason, you acknowledge that we may allocate another Personal Trainer to take over your sessions.

18.1 You will need to use MindBody Online to schedule and manage your bookings and services wherever possible. If using a smartphone we recommend downloading and using their App.

18.2 Some services purchased using MindBody Online may have additional and specific terms and conditions that will be applicable.