STAFFED HOURS
Mon-Fri - 6:15AM to 7:15PM
Sat - 9:30AM to 12:15PM
24/7 Access
446 Collins st. Melbourne CBD
Basement Level
contact@fmcmelbourne.com.au
(03) 9015 9502

Terms and Conditions 2018-10-30T19:13:57+00:00

FMC Melbourne Terms and Conditions

Welcome to FMC Melbourne! We are excited to have you on board as a member. We look forward to being part of your fitness and self-defence journeys. If you have any questions, please contact us through any of the methods listed below, or speak to any of our helpful staff. Contact information: Address: Basement Level/446 Collins st. MELBOURNE CBD, VIC 3000. Phone: (03) 9015 9502. Email: contact@fmcmelbourne.com.au. Website: www.fmcmelbourne.com.au.

The terms and conditions of your membership, as well as the waiver that you must sign, are set out below in plain English. Again, if you have any questions, please let us know. By clicking ‘accept and selecting a membership package,’ signing the membership forms or proceeding further with your membership, you confirm that you accept these terms and conditions.

Our sign-up Process: After agreeing to the general terms and conditions set out below, our system will take you through to select a membership package. Once you have selected your membership package and provided payment information, you will receive a sign-up email containing: A copy of the terms of your membership; A summary of the package you have selected; A health questionnaire to complete promptly; and Some useful information to help you get started.

-Schedule of fees and benefits-

UNLIMITED MEMBERSHIPS:  
 
UNLIMITED MEMBERSHIP – No Lock-in contract:
WEEKLY MEMBERSHIP FEE: $49.90/week billed fortnightly.
ACCESS TO CLASSES: UNLIMITED access to ALL classes.
ACCESS TO FACILITIES: 24/7 Access to the Gym Equipment & Facilities via Key fob.
BONUS: One FREE 30 minutes 1-on-1 Private Training session offered every 8 weeks as long as the membership remains active.
SIGN UP FEE: NO Sign-up Fee.
CANCELLATION FEE: NO Cancellation Fee.
CANCELLATION TERMS: Can be cancelled anytime subject to the minimum membership period of two weeks. Any cancellation must be sent via our “cancel membership” online form, accessible at https://fmcmelbourne.com.au/cancel-membership/ and must be sent with a 2 weeks notice.
SUSPENSION: No suspension authorized.
PRIVATE SESSIONS: Not included but may be purchased separately.
WORKSHOPS: Not included but may be purchased separately.
PAYMENT TERMS: Billed fortnightly in advance. Via Credit Card or Direct Debit. Automatically processed via Ezidebit payment solution.
MEMBERSHIP PERIOD: 2 weeks (14 days).
MEMBERSHIP RENEWAL: Contract automatically renewed if not cancelled.
REPLACEMENT FEE FOR KEY FOB: $49.00.
COOLING OFF PERIOD: 7 days.
UNLIMITED MEMBERSHIP – 3 MONTHS contract:
WEEKLY MEMBERSHIP FEE: $42.90/week billed fortnightly.
ACCESS TO CLASSES: UNLIMITED access to ALL classes.
ACCESS TO FACILITIES: 24/7 Access to the Gym Equipment & Facilities via Key fob.
BONUS: One FREE 30 minutes 1-on-1 Private Training session offered every 8 weeks as long as the membership remains active.
SIGN UP FEE: NO Sign-up Fee.
CANCELLATION FEE: NO cancellation fee. However, the membership price must be fully paid until end-date of the contract. On cancellation, balance of membership will continue to be deducted in fortnightly instalments.
CANCELLATION TERMS: No cancellation authorized before reaching the end-date of the contract. Any cancellation must be sent via our “cancel membership” online form, accessible at https://fmcmelbourne.com.au/cancel-membership/ and must be sent with a 2 weeks notice prior to end-date of the contract.
SUSPENSION: No suspension authorized.
PRIVATE SESSIONS: Not included but may be purchased separately.
WORKSHOPS: Not included but may be purchased separately.
PAYMENT TERMS: Billed fortnightly in advance. Via Credit Card or Direct Debit. Automatically processed via Ezidebit payment solution.
MEMBERSHIP PERIOD: 12 weeks (84 days).
MEMBERSHIP RENEWAL: Contract automatically renewed if not cancelled.
REPLACEMENT FEE FOR KEY FOB: $49.00.
COOLING OFF PERIOD: 7 days.
UNLIMITED MEMBERSHIP – 6 MONTHS contract:
WEEKLY MEMBERSHIP FEE: $35.90/week billed fortnightly.
ACCESS TO CLASSES: UNLIMITED access to ALL classes.
ACCESS TO FACILITIES: 24/7 Access to the Gym Equipment & Facilities via Key fob.
BONUS: One FREE 30 minutes 1-on-1 Private Training session offered every 8 weeks as long as the membership remains active.
SIGN UP FEE: NO Sign-up Fee.
CANCELLATION FEE: NO cancellation fee. However, the membership price must be fully paid until end-date of the contract. On cancellation, balance of membership will continue to be deducted in fortnightly instalments.
CANCELLATION TERMS: No cancellation authorized before reaching the end-date of the contract. Any cancellation must be sent via our “cancel membership” online form, accessible at https://fmcmelbourne.com.au/cancel-membership/ and must be sent with a 2 weeks notice prior to end-date of the contract.
SUSPENSION: No suspension authorized.
PRIVATE SESSIONS: Not included but may be purchased separately.
WORKSHOPS: Not included but may be purchased separately.
PAYMENT TERMS: Billed fortnightly in advance. Via Credit Card or Direct Debit. Automatically processed via Ezidebit payment solution.
MEMBERSHIP PERIOD: 24 weeks (168 days).
MEMBERSHIP RENEWAL: Contract automatically renewed if not cancelled.
REPLACEMENT FEE FOR KEY FOB: $49.00.
COOLING OFF PERIOD: 7 days.
GYM-ONLY MEMBERSHIP  
GYM-ONLY MEMBERSHIP – No Lock-in contract:
WEEKLY MEMBERSHIP FEE: $14.90/week billed fortnightly.
ACCESS TO CLASSES: NO access to classes.
ACCESS TO FACILITIES: 24/7 Access to the Gym Equipment & Facilities via Key fob.
SIGN UP FEE: NO Sign-up Fee.
CANCELLATION FEE: NO Cancellation Fee.
CANCELLATION TERMS: Can be cancelled anytime. Any cancellation must be sent via our “cancel membership” online form, accessible at https://fmcmelbourne.com.au/cancel-membership/ and must be sent with a 2 weeks notice.
SUSPENSION: No suspension authorized.
PRIVATE SESSIONS: Not included but may be purchased separately.
WORKSHOPS: Not included but may be purchased separately.
PAYMENT TERMS: Billed fortnightly. Via Credit Card or Direct Debit. Automatically processed via Ezidebit payment solution.
MEMBERSHIP PERIOD: 2 weeks (14 days).
MEMBERSHIP RENEWAL: automatically renewed if not cancelled.
REPLACEMENT FEE FOR KEY FOB: $49.00.
COOLING OFF PERIOD: 7 days.
PRIVATE SESSIONS, WORKSHOPS & SEMINARS:  
PRIVATE SESSIONS PRICES: 30 mins PRIVATE SESSION 1-on-1: $49.90. 30 mins PRIVATE SESSION 1-on-2: $59.90. 30 mins PRIVATE SESSION 1-on-3: $69.90. 30 mins PRIVATE SESSION 1-on-4: $79.90. 60 mins PRIVATE SESSION 1-on-1: $89.90. 60 mins PRIVATE SESSION 1-on-2: $99.90. 60 mins PRIVATE SESSION 1-on-3: $109.90. 60 mins PRIVATE SESSION 1-on-4: $119.90.
WORKSHOPS AND SEMINARS PRICES: Workshops and Seminar prices can vary and are not fixed. Prices will be announced on the sale page of each event.
CANCELLATION FEE NO Cancellation Fee if cancelled with a 10 hours notice. If not cancelled with a 10 hours notice, the full amount will be charged and will not be refunded.
CANCELLATION TERMS Any cancellation request must be sent via your FMC Melbourne customer account on our FMC Melbourne Mobile apps or our FMC Melbourne Mindbody Website, with a minimum of 10 hours notice. Any cancellation requested with less than 10 hours notice will be charged and will not be refunded.
PAYMENT TERMS Billed immediately. Via Credit Card or Direct Debit. Automatically processed via Ezidebit payment solution.

1 WEEK CLASSES PASS
PRICE: $49.90 billed once.
ACCESS TO CLASSES: UNLIMITED access to ALL classes for 7 days.
ACCESS TO FACILITIES: No 24/7 Access to the Gym Equipment & Facilities.
SUSPENSION: No suspension authorized.
PRIVATE SESSIONS: Not included but may be purchased separately.
WORKSHOPS: Not included but may be purchased separately.
PAYMENT TERMS: Billed once, in advance. Via Credit Card or Direct Debit. Automatically processed via Ezidebit payment solution.
CAN BE PURCHASED ONLY ONCE:This Pass is an introductory offer reserved to new customers only and can be purchased only once.

1 CLASS PASS
PRICE: $29.90 billed once.
ACCESS TO CLASSES: access to only 1 class.
ACCESS TO FACILITIES: No 24/7 Access to the Gym Equipment & Facilities.
SUSPENSION: No suspension authorized.
PRIVATE SESSIONS: Not included but may be purchased separately.
WORKSHOPS: Not included but may be purchased separately.
PAYMENT TERMS: Billed once, in advance. Via Credit Card or Direct Debit. Automatically processed via Ezidebit payment solution.
CANCELLATION FEE: No Cancellation Fee if cancelled with a 10 hours notice. If not cancelled with a 10 hours notice, the full amount will be charged and will not be refunded.
CANCELLATION TERMS: Any cancellation request must be sent via your FMC Melbourne customer account on our FMC Melbourne Mobile apps or on our FMC Melbourne Mindbody Website, with a minimum of 10 hours notice. Any cancellation requested with less than 10 hours notice will be charged and will not be refunded.

 

1. Some Key Terms

“The Contract” refers to this Agreement and its attached documentation.

“The Equipment” includes all facilities at the Location.

“The Gym” refers to (IDF City Pty Ltd ABN 27 611 468 967) trading as “FMC Melbourne” and also refers to any agents, assigns or successors to the Gym, as the case may be.

“The Location” refers to thy Gym’s principal place of business, currently Basement Level/446 Collins st. MELBOURNE CBD, VIC 3000.

“You,” “The Customer” “The Member” all refer to the person whose name is specified as the person who is joining as a member of the Gym.

“Schedule” refers to the applicable Schedule of Fees and Benefits which is displayed and selected by you, based on the membership package that you select.

“Trainers” refers staff and contractors authorized by the Gym to operate at the Location and to provide services, including training, classes or other matters.

2. Member Obligations

2.1. As a Member, your safety, the safety of other Members and of Trainers is of paramount concern. Accordingly, you must not:

Act at the Location in a manner which is unsafe;
Undertake exercises which are unsafe;
Bring equipment onto the premises
Act in a manner which may injure others, except for the possibility of minor bruising consistent with combat gymnastics training and then only under the supervision of a Trainer;
Act in a manner which is offensive to others, whether verbally or physically.
Seek to conduct any commercial activity at the Location, including offering training services to others, selling products or undertaking transactions of any kind;
Provide others with medical, health, training or other advice or services unless you are suitably qualified and insured and inform the recipient of your advice that you are not acting as an agent of the Gym.

2.2. To ensure your safety, you must also take all reasonable steps to ensure that you do not suffer any injury, or cause injury to others. This includes:

Obtaining appropriate medical advice as to your ability to undertake exercises or training, and following that advice;
Using appropriate protective equipment at all times;
Taking advice from Trainers;

2.3. As a Member, you must also comply with all Gym policies as advised to you or published from time to time. Copies of Gym policies are on display at the Location. These may be changed without notice, but will not be unreasonable.

2.4. You must also take reasonable steps to keep Equipment in proper condition, and clean. This includes wiping down Equipment after use, returning Equipment to its proper location and reporting any wear and tear to a Trainer.

2.5. Your membership is personal. As a member, you must not allow any other person to access the Location. Should you allow another person to access the Location, you agree that we may debit your nominated credit card or account in the amount of our day rate, for each person for each day that you allow them to enter, plus a 25% administration fee.

2.6. Should you fail to comply with any of your Member Obligations, The Gym may, at its sole discretion, cancel your membership, suspend you from attendance at the Location for a time period, restrict your use of the Location or Equipment or take other steps. In the event that your membership is cancelled or restricted for a breach of your Member Obligations, you will still be required to pay for your membership in full.

3. Access and Hours of Operation

3.1. The Gym is open 24-hours per day, with limited serviced hours. These may vary from time to time.

3.2. Depending on your membership type, you will have access to the Location for the hours specified.

3.3. You will receive a swipe card for access to the Location.

3.4. You must maintain custody or control of your swipe card and not allow any other person to have access to the card.

3.5. On termination of your membership, you must return the swipe card to the Gym, or be charged a fee of $49.

4. Payments & Direct Debit Authority

4.1. You agree to pay for your membership in full, on the basis set out in the Schedule.

4.2. Payments are made in advance in accordance with the terms of the Schedule and through the method specified in the Schedule.

4.3. Based on the method of payment selected, you agree to pay the direct debit or credit card fees as set out in the Schedule. You authorise the Gym to debit the account or card specified.

4.4. You will ensure that the account or card has sufficient funds for the debit amount. Debits will not be made on the day you sign up, or the next business day, and every fourteen days thereafter.

4.5 You will not cancel this authority during the term of the Contract. Should you wish to change your method of payment, you must provide us at least fourteen days notice before the next payment is due and pay any fees arising.

4.6. A failure of a payment for any reason shall be deemed to be a breach of your Member Obligations.

4.7. In the event of a failure to make payment, the entire balance of your Membership shall be due immediately.

4.8. You agree to pay any fees that the Gym incurs as a result of a payment not being made plus an administrative fee of $20 for each missed payment.

5. No representations and Cooling Off

5.1. You agree that you have not relied on any representations as to the facilities offered at the Location or any results that you may achieve, except those made in writing by the Gym.

5.2. A seven day cooling-off period will apply to this Contract, in which time you may cancel by giving notice in writing to the support email set out above. Should you cancel during the cooling off period, all payments other than the joining fee shall be refunded.

6. Property Left at the Location

6.1. You agree not to leave property at the Location unattended.

6.2. You agree that you will not bring any illegal, hazardous or noxious item to the Location.

6.3. You agree not to bring any pet to the Location, except where prior authorization has been granted.

6.4. Any items left at the Location may be disposed of at the sole discretion of the Gym.

6.5. The Gym is not responsible for any property you bring to the Location.

7. Suspension

7.1. You may request a suspension of your membership at any time. Each request will be considered on its own merits, at the sole discretion of the Gym. The Gym may charge an administration fee for suspending a membership, which will not exceed one months’ membership fee.

8. Signup Obligations and Disclosure

8.1. You must, at the time of sign-up, provide the Gym with:

Your personal contact information;
Emergency contact information;
A completed health questionnaire
Details of any medical condition which would impact on your ability to freely make use of the Equipment and undertake exercises
8.2. You authorize the Gym and its partners to communicate with you by any of the means set out in your personal information.

9. Trainers are independent contractors

9.1. You expressly acknowledge that Trainers are independent contractors, not employees, and that the Gym is not liable, directly or vicariously, for any action or inaction by the Trainers.

10. Dispute Resolution

10.1. You agree that any dispute about any matter under this agreement- save for a failure to make payments- shall, at either party’s request, be referred to the Dispute Settlement Centre of Victoria for mediation. Until mediation has been undertaken, neither party will institute proceedings.

10.2. Nothing in this section prevents the Gym from taking any action specified in clause 2 of this Contract.

11. Termination

11.1. Your membership will be automatically renewed for the same period unless you advise us in writing, at least 7 days before the term of your membership concludes, that you do not wish it to be renewed.

11.2. On renewal, you will be charged the rate for membership of that length advertised on the Gym’s website.

11.3. Regardless of any other matter, the Gym may terminate this agreement by providing you with at least fourteen days’ notice.

11.4. On termination by the Gym pursuant to this section, you will be refunded any amounts on a pro-rata basis.

12. Privacy, Video Surveillance & Monitoring

12.1. You acknowledge that by accessing the Location you will be subject to video surveillance and recording undertaken by the Gym for security purposes.

12.2. The Gym may also film or photograph in and around its facilities for promotional and other purposes. If you are clearly identifiable in such film or photograph, with your consent the Gym may use your image in promotional and other material. You hereby provide such consent.

12.3. You agree not to use mobile phone cameras and/or any type of video/photography equipment at the Location without prior written consent of from the Gym.

13. Inherent Risks

13.1. You acknowledge that, whilst every attempt is made to ensure that the sport and fitness services and facilities provided by the Gym are safe, there are some significant and inherent risks involved with physical activity, and you accept those risks. You particularly acknowledge that the Gym provides combat style training, which inherently involves a degree of physical contact. This carries with it risks beyond ordinary exercise, including risks of bruising, scratches, contusions and other injuries associated with contact sports. You agree that you are responsible for your own safety and the security of your own property while at the Location and the Gym and its Trainers are not liable for any loss or damage to your person or property or indirect or consequential loss to you or your property, save as a result of gross negligence. You waive any such claim to the fullest extent permitted by law.

Waiver

The following limitation of statutory guarantees applies to your membership, and reference in this warning to ‘form’ is a reference to these membership terms and conditions.

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012

Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you are rendered with due care and skill; and are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and might reasonably be expected to achieve any result you have made known to the supplier.

Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.

NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.

By accepting the terms of this agreement, you agree to the terms of this Waiver