Membership Terms & Conditions
As of July 2022
Welcome to Finley Community Gym. To ensure that FCG is able to provide a safe and comfortable environment for all members and staff, please assist us by complying with the following conditions. We advise you to only sign this Agreement if you understand and agree to abide with these conditions. The information outlined in these terms and conditions can and will be used in the event of a discrepancy.
*FCG = Finley Community Gym
1. Introduction
By signing the Agreement you acknowledge and agree:
• You have been given a copy of this Agreement and agree to abide by your obligations in it;
• You are medically sound to undertake a normal course of exercise, you use the FCG facilities at your sole risk and responsibility and you are aware that exercise is physically demanding and participation in some activities offered by FCG may pose a risk to your health; and
• This Agreement also relates to your authority to YASARJEN PTY LTD or other debiting agent nominated by FCG from time to time to direct debit your nominated bank account or credit card for any instalments or fees due under the terms and conditions of this Agreement and Direct Debit Request. These terms and conditions are set out in this Agreement and can also be accessed on the website finleycommunitygym.com. As a member, you can use our facility in line with these terms and conditions.
2. Definitions
• Finley Community Gym, FCG, We, Us, Our: YASARJEN Pty Ltd T/A Finley Community Gym. ABN number 93 314 080 815 Murray Street Finley NSW 2713
• You, Your, Member, Client: You, Your, Member, Client refers to the name in which the membership and or account has been created, which at times may differ to the party paying for the membership, and includes the parent or guardian of the Member if the Member is under 18 years.
• Gym, Facility, FCG: Refers to the Finley Community Gym facility in which your membership entitles you to visit.
• Agreement: This is the Agreement between Finley Community Gym and you, under which you will become a member of Finley Community Gym.
• Minimum Term: The term specified in the Agreement form.
• Code: Code for operating equipment, opening hours and behaviour in the FCG facility, specified in these terms and conditions, and in associated signs and handouts.
• GoCardless: 'GoCardless Ltd' (10-20 Gwynne Street, Cremorne, VIC 3121, Australia. Registered in England: 07495895. Email: help@gocardless.com) or other debiting agent nominated by FCG from time to time.
• Website: “Website” means the Finley Community Gym Website at www.finleycommunitygym.com or such other website as notified to Members from time to time.
• Free Time: “Free Time” means that period of your membership contract in which you are not required to pay membership fees but have your usual gym access rights.
• Supply Period: The supply period for an ongoing or fixed term agreement is the Minimum Term.
3. Memberships Available
This section constitutes an Agreement summary for understanding our membership options: We note that none of or Agreements are subject to a 'lock in period'; under which you may end the Agreement at any time within your ongoing payment schedule & your member ship will continue to be valid up until the day in which a reoccurring payment would be due; refunds will not be offered for the remaining period against the Agreement.
Understanding our membership options: Memberships are set as a direct debit from a bank card or account. This is streamed through a third party (GoCardless Ltd).
Other payment options accepted include EFTPOS & cash.
Adult - Access Only
FOB Key access into facility. Discounted Personal Training Sessions. Discounted Class fees.
Weekly: $19.00
Fortnightly: $38.00
Monthly: $76.00
Annual: $912.00
Adult - Access PLUS Unlimited Classes
FOB Key access into facility PLUS *Unlimited classes. Discounted Personal Training Sessions.
Weekly: $25.00
Fortnightly: $50.00
Monthly: $100.00
Annual: $1200.00
*Class bookings essential.
Concession/Student/Pensioner - Access Only
FOB Key access into facility. Discounted Personal Training Sessions. Discounted Class fees.
Weekly: $16.00
Fortnightly: $32.00
Monthly: $64.00
Annual: $768.00
Concession/Student/Pensioner - Access PLUS Unlimited Classes
FOB Key access into facility PLUS *Unlimited classes. Discounted Personal Training Sessions.
Weekly: $20.00
Fortnightly: $40.00
Monthly: $80.00
Annual: $960.00
*Class bookings essential.
Note: Membership options are subject to change. The above does not include 'Specials', 'Deals', 'Competitions' or anything of the sort. All Membership fees include goods and services tax (GST). Your fees will change in line with any government GST rate changes, even if you are within your Minimum Term.
4. Queries
• All queries and comments about the services provided under this Agreement should be directed to the Finley Community Gym Management via the contact details listed on our website.
• All queries and comments about the direct debit billing service should be directed to GoCardless Ltd via email at help@gocardless.com
• The member acknowledges that GoCardless has been engaged by FCG Management to collect the fees due under this Agreement if paying by way of direct debit, and also acknowledges that all rights of FCG under this Agreement are able to be enforced by GoCardless Ltd as if it were the Gym without any involvement on the part of FCG management or the consent of the member.
5. Club Access
• All members must present their membership card (or FOB) upon entry to the facility at every visit. If you attend FCG without your access card or photo ID we may refuse your entry.
• You must scan your membership card or digital access pass and register your attendance for safety, security and insurance purposes with every attendance.
• Your access card is our property and you cannot lend your card or allow anyone else to use it.
• If you lose your membership card or FOB key tag, a replacement can be purchased from Reception upon providing proof of identification.
• Upon joining Finley Community Gym, a photo will be taken of you for safety and security reasons and the photograph will be used and stored in accordance with our Privacy Policy.
• All ‘guest visitors’ to Finley Community Gym are required to present photo identification upon every visit, complete the guest register, and otherwise comply with our general conditions of entry and facility code as contained in these terms and conditions.
6. General Conditions of Entry & Gym Code
To assist us in maintaining a safe and comfortable environment for all members and staff, you are required to abide by the following conditions. Failure to abide by these conditions may result in the suspension or termination of your membership.
ENTRY: Entry will be refused or you may be requested to leave the facility if:
• You are using abusive or threatening language or behaving in a threatening way, including any form of discrimination; or
• You are under the influence of drugs or alcohol; or you instruct other members/clients when FCG has not authorised you to do so; or
• You behave in another way that is considered by Finley Community Gym to be risky or seriously inappropriate.
NON-SMOKING: Our gym is a non-smoking facilities. The smoking of cigarettes or electronic cigarettes (e-cigarettes or vapes) is strictly prohibited.
RELAXATION ZONES: Lounge and relaxation zone areas are to be used with etiquette & respect for others using the space as well as the furnishings provided.
SUITABLE CLOTHES: All members and guests must wear suitable clothes and enclosed sports shoes in any areas within the FCG facility. We do not allow clothes with offensive images or inappropriate advertising.
HYGIENE & SANITATION: You are required to use a clean towel when participating in classes and when exercising on gym equipment (including exercise mats) to maintain our hygiene and safety standards. You may be requested to cease training if you do not use a towel. Subject to availability, you may purchase or hire a towel from reception. All equipment used should be clean after use with the sanitiser provided by FCG. The use of hand sanitiser upon arrival is required, as well as reuse when deemed appropriate by management or member.
CAMERA USE: Taking photos or videos within our facility of other members, clients, staff or persons without their consent is a breach of our terms and conditions & may result in immediate termination of Membership.
PARKING: Parking outside FCG premises is available on Murray Street, & you do so at your own risk. Finley Community Gym are not liable for any loss or damage to your vehicle or its contents.
PERSONAL TRAINING: 1:1 training & Private Group Training services are available at FCG for an additional fee. Please contact us more information & to make contact with one of the personal trainers directly. Our personal trainers within FCG may be contractors, franchisees or employees. If they are contractors or franchisees and not directly employed by Finley Community Gym Inc or YASARJEN Pty Ltd then all arrangements for personal training services and payments (with the exception of purchase of FCG offered Training packages or addons) should be made directly with the personal trainer. Please note only authorised YASARJEN Pty Ltd registered personal trainers are permitted to train members in the Finley Community Gym Facility. Conducting private training sessions within the FCG facility without being an approved personal trainer may result in the cancellation of your membership.
7. Use of Equipment
You are required to sanitise & return equipment to its original state when you have finished, including:
• Return weights and bars to their rack.
• Unload plates from machines and bars.
• Return equipment to its storage location in group fitness classes.
• For the safety of you and others, please follow all equipment operating and safety instructions on the equipment.
• If you are not sure of correct use or operation of equipment please seek assistance from a team member.
• Where functional training zones are available please seek assistance from a trainer or staff member if you are unfamiliar with the equipment or its safe and appropriate use.
8. Storage, Valuables & Lost Property
• Open storage is available and located near the front reception area, however these are NOT security devices. We advise clients not to bring unnecessary valuables when attending FCG.
• To the extent permitted by law, Finley Community Gym & YASARJEN Pty Ltd employees or contractors are not responsible for any loss of, or damage to, personal property from the gym or storage cube. We also recommend that you keep all valuables with you while using the facility.
• The gym is unable to look after your personal possessions (keys and wallets for example) whilst you are in the facility.
• Bags are not permitted on the gym floor for safety reasons.
• Any items remaining on the premises or items that have been handed into Reception will be held for two weeks and then donated to charity.
9. Membership Fee Increase
If you have joined on a 1 or 2 week , or a 1 or 12 month membership term then, after your minimum term has expired, your membership fees may increase automatically by up to 10% from the next direct debit date. We will notify you of membership increases at least two weeks prior to any such increase either by a newsletter, poster displayed in the gym or written notification using the most up to date contact details or email address you have given us.
10. Membership Entitlements
A membership at Finley Community Gym entitles you to:
• Work out as many times as you wish in a given period, subject to any restrictions in your membership type relating to facility access outside of staffed hours.
• Participate in normally scheduled group fitness classes. However, please note additional fees may apply for specific group fitness programs or challenges. Please refer to FCG website for more information in relation to these additional offerings.
• Use exercise equipment located on the gym floor and cardiovascular training areas.
• FCG Management reserves the right to make changes to exercise equipment supplied at any time or the group fitness timetable at any time (i.e. alter class type, times and instructors).
11. Corporate Partnerships You may be eligible to join on a membership that is discounted as a result of an agreement with a Corporate Partner. If YASARJEN Pty Ltd agreement with that Corporate Partner and/or your employment/membership with the Corporate Partner ceases, you acknowledge and accept that your minimum membership term will continue and will automatically revert to the agreed full standard rate. If this occurs as a result of FCG agreement with that Corporate Partner ceasing then we will provide you with notice as soon as practical by mail, text or email (at our choice) using the most up to date details you have given us.
12. Children Minors
Minors aged 13 to 17 years may be eligible to use the FCG facility as a member subject to the following age policy and the following general terms and conditions:
• The minor must comply with all safety requirements of FCG as communicated to the member from time to time;
• The minor’s membership may be cancelled for any inappropriate behaviour, misuse of equipment or failure to comply with safety requirements;
• The minor must comply with the applicable sections of the age policy;
• All minors must leave the gym immediately once staffed hours have ended; and
• All minors can only access the facility during staffed hours, subject to the qualifications and exclusions listed in the age policy.
AGE POLICY
• 13 & 14 years o Membership is permitted with the consent and signature of the minor’s parent/legal guardian. o Access is only permitted during staffed hours and minors must be directly accompanied by a parent, legal guardian or suitably qualified personal trainer or other accepted exercise professional. o Members in this age group are not eligible to redeem Trial or Guest Passes or similar promotions. o Permitted usage for this age group is as follows (must be directly accompanied by parent, legal guardian or exercise professional):
▪ Appropriate weight based group fitness
▪ Cardio equipment
▪ Other equipment prescribed by a medical or exercise professional
▪ Programs developed for minors including but not limited to the 'Functional Fitness' class (subject to age and supervision policy of each specific program)
• 15, 16 and 17 years old Membership is permitted with the consent and signature of the minor’s parent or legal guardian. Minor can access the facility independently during staffed hours only (without parent or legal guardian). Access is not permitted in unstaffed hours, even if accompanied by a parent or legal guardian. o Members in this age group are eligible to redeem trial guest passes or guest visits, only if parent or legal guardian attends the gym on first visit and signs as guarantor on waiver. Permitted usage is as follows (able to undertake independently):
▪ All group fitness classes
▪ All challenges
▪ Weight based equipment
▪ Cardio equipment
▪ Programs (subject to the age policy of each specific program)
• 18 years and older Standard adult membership terms and conditions apply. All classes and equipment are available subject to any medical advice.
13. Legal Responsibility
MEETING YOUR RESPONSIBILITIES
• Your responsibilities, including payment of membership fees, do not depend on how often you use a Finley Community Gym facility.
• You must tell us about anything that affects your membership, and any changes to your contact information and bank details.
• You must inform us in advance and in writing if there are any risks to your health if you participate in physical activity and if required seek approval from your Doctor or General Practitioner.
PROMISING TO TAKE CARE
You promise to:
• Make sure that you know how to exercise safely, by asking if necessary;
• Use your best endeavours to exercise safely; and
• Not take valuables into the FCG facility, even if you plan to put them in a storage cube.
DAMAGE & PERSONAL INJURY
To the extent permitted by law, Finley Community Gym Inc., YASARJEN Pty Ltd and GoCardless excludes any liability to the member in Agreement, tort, statute or in any other way for any injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by the member and/or any other person, or for any costs, charges or expenses incurred by the member, arising from or in connection with this Agreement and/or the services/products provided by Finley Community Gym, their management, staff or contractors and/or GoCardless, and/or any act or omission of YASARJEN Pty Ltd and/or GoCardless.
OUTSIDE PROVIDERS
Contractors, tenants and franchisees provide some services in our facility's, such as personal training, (Outside Providers). You will need to pay service fees directly to the Outside Providers and we are not responsible for those fees or for any associated costs or refunds. Claiming against Outside Providers
• Any service provided by an Outside Provider is a contract between the Outside Provider and you and we to the extent permissible by law, we do not accept any responsibility for a breach of contract or negligence.
• If you make a claim because of something an Outside Provider has or has not done, your claim should be brought against the Outside Provider, not us, whether you have paid them or not. To the extent permissible by law you release us from any claim resulting from an act or omission by an Outside Provider. Asking for our help
• Wherever we can, we will help you to resolve issues with Outside Providers. We will also make sure that personal trainers in our Clubs have up-to-date qualifications and insurance. We only allow personal trainers from the Club franchise to work in our Clubs.
14. Special Conditions for Certain Membership Types
• If there are special conditions or benefits relating to your membership type, these will be either attached to your Agreement and/or displayed on the website and form part of your Agreement.
• If your membership entitles you to Free Time, you will not be charged your weekly fees for use of the gym facility during the specified period of Free Time. Free Time will not form part of the minimum term of the membership.
15. Renewing Upfront Membership
This term applies only to Upfront Memberships. When your Upfront Membership is due to end you can renew your Upfront Membership at the current membership rate as advertised by FCG Management at the time of your membership renewal. By renewing your Upfront Membership, you agree to the membership terms that apply at that time. If you wish to cancel your Upfront Annual Membership for any reason indicated in Section 18 we will refund you 100% of the value of the unexpired term remaining on your Upfront Membership less any applicable cancellation fees as soon as practicable (and within 7 days of termination where legally required).
16. Overdue Fees & Revocation of Membership Entitlements
All entitlements and entry into our facility may be revoked if your account is in arrears and you fail to resolve the debt after being provided reasonable notice. If your automatic direct debit reverses or is returned to us by your financial institution the following process will apply:
• FCG Management or GoCardless will attempt to contact you about retrying the debit. • If the debit remains outstanding it will be processed within 7 days of the reversal with any late fees that apply.
• If you fail to pay us the fees by the due date, we are entitled to refuse you FOB entry to the facility & your attendance will incur a 'Casual Entry' fee.
• 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.
• FCG reserves the right to vary the process set out in the GoCardless Terms and Conditions.
17. Debt Collection Agencies
If paying by Direct Debit, upon default by you in regard to any obligation under this Agreement and failure to remedy the default after notification by FCG management or GoCardless: you authorise GoCardless to notify any debt collection agency of the default in accordance with the GoCardless Terms and Conditions.
18. Cancellation / Termination
A cancellation request should be provided to the Finley Community Gym Management as follows:
COOLING OFF PERIOD
• Your Monthly & Annual membership is subject to a seven (7) business days cooling off period.
• The cooling off period applies to monthly & annual memberships only and does not apply to membership transfers or weekly or fortnightly renewals.
• The cooling off period starts from the date the Agreement is entered into (the date the Agreement is signed) and ends at close of seven (7) business days later.
• Your membership can be cancelled during the cooling off period by contacting your FCG management via the gym's contact details as listed on the website.
• All monies paid will be refunded with the exception of a reasonable administration fee which shall be payable by you if your membership card and/or 24.7 access pass or any other merchandise you received on joining are not returned within seven (7) days of termination of your Agreement.
PERMANENT SICKNESS OR PHYSICAL INCAPACITY
You may terminate your Agreement before the expiry of the Minimum Term if you are sick or incapacitated and time freeze is not a suitable option for your circumstances. You must show us a current certificate from a qualified medical practitioner stating that you cannot utilise any fitness services or facilities foreseeably because of your permanent illness of physical incapacity.
BANKRUPTCY
You may terminate your Agreement before the expiry of the Minimum Term (payment amount) if you are bankrupt and a time freeze is not a suitable option with regard to your financial circumstances. To terminate your Agreement for this reason, you must provide Finley Community Gym management with evidence of a Notification of Bankruptcy from the Australian Financial Security Authority (AFSA), confirming your bankruptcy. CANCELLATIONS AFTER COMPLETION OF COOLING OFF PERIOD:
Cancelation of Monthly or Annual membership after the cooling off period does not warrant a refund of any fees left to be utilised. In the case you require a refund after the cooling period has passed, a written request must me submitted to management, in which it will be up to the discretion of management to honour or deny. The notice period will exclude freeze 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 YASARJEN Pty Ltd and/or GoCardless.
• You shall not consider that your Agreement has been terminated until such time as this is confirmed in writing to you by GoCardless (not more than 14 days after the termination date). Termination of your Agreement will also terminate the Direct Debit Request Authority.
ONGOING MEMBERSHIP AGREEMENTS:
• If your membership is designated as an ‘ongoing membership’, you acknowledge that unless you provide notice of termination of your membership 7 days prior to the end of your most recent paid period, your membership fees will continue to be deducted until you give us the 7days notice of your intent to end your m.
• If your contract is designated as a ‘fixed term membership’ you acknowledge that it will terminate at the end of the term displayed on the contract unless you renew prior to that date.
CANCELLATION FOR ANY OTHER REASON (within Minimum Term):
You may terminate your Monthly & Annual membership 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 time of cancellation request. The cancellation fees for all membership options are as follows:
• If there is 12 months or more of membership fee equivalent remaining on the Minimum Term of the Agreement= $295.
• If there are less than 12 months but more than 6 months of membership fee equivalent remaining on the Minimum Term of the Agreement= $200.
• and, if there are less than 6 months of membership fee equivalent remaining on the Minimum Term of the Agreement= $100 OR the amount of the future membership fees payable whichever is the lesser). You can cancel your membership by:
• Speaking to the team at reception or contacting FCG management via the details provided on our website; www.finleycommunitygym.com Confirming your request. When you do this, please always:
• give us your email address so we can confirm your request in writing; and keep a copy of your request. You may be liable for further damages for breach of contract if you terminate the Agreement in a manner not described in the Agreement.
TERMINATION BY FINLEY COMMUNITY GYM:
FCG reserves the right to terminate this Agreement in any of the following circumstances:
• You fail to abide by any of the criteria listed in the conditions of entry after being notified of any failure;
• You fail to abide by the obligations listed in this Agreement and the breach/non-compliance is incapable of remedy or you fail to remedy the breach/ non-compliance within 14 days of being notified by FCG or you continue to breach this Agreement;
• If we reasonably believe that you have engaged in conduct that infringes on the health, safety or wellbeing of any other members or staff;
• The temporary or permanent closure of the gym where a suitable replacement facility is not available for the membership to transfer; or
• To protect the health and safety of you or other members. In the event of a termination under this provision and where appropriate, YASARJEN Pty Ltd will refund to you a proportion of fees paid under any Upfront Membership representing the unused portion of the Agreement less any applicable cancellation fees.
TERMINATION BY THE MEMBER
Members are permitted to terminate this Agreement, without incurring a cancellation fee, in the following circumstances:
• Where these terms and conditions are varied in accordance with clause 24 or a code is changed and you are adversely affected by the change. For the avoidance of doubt however, changes to gym timetables, facilities, equipment and hours of operation do not permit you to terminate this Agreement under this clause.
• If we breach our obligations to you and we do not fix the breach in a reasonable time after you have told us about it in writing. We will refund you any membership fees you pay between the date of notification and the date on which we decide that we cannot fix the breach.
• Where there is a permanent closure of the gym where a suitable replacement facility is not available for you to transfer.
19. Membership Freeze
You can freeze your membership for a minimum period of 1 week, up to a maximum of 4 weeks each calendar year, unless otherwise specified in writing addressed, at which time FCG management will address case-by-case with discretion.
• You must first contact FCG at least 3 days prior to the start date of the freeze.
• If your membership type provides for a free membership freeze, no fee shall apply for the period of the membership freeze.
• After the period of free membership freeze (if any) in your membership type, any additional freeze shall be charged at a cost of $5.00 per week (unless a different fee is specified on the front of this Contract).
• Before freezing your membership, you must make sure your fees are up to date and there are no arrears outstanding on your account. Please note that if you are within your minimum term, any time freezes are not classified as a full payment toward your contract and so your Minimum Period will be extended by the length of any freeze. Note that we cannot backdate any time freeze requests. You must request a freeze three days prior to the start date of the freeze.
TIME FREEZE FOR GYM CLOSURES If we are required by the state or federal government to temporarily close our facility, we will freeze your membership for that Closure Period with no cost to you. If this occurs:
• You are entitled to request cancellation of your membership during the Closure Period (applicable cancellation fees will apply) but processing of the cancellation may be delayed until after the Closure Period has ended.
• Please refer to section 18 regarding the terms that apply to cancellation of your membership. In addition, if FCG is closed for a period of more than one week (e.g. due to refurbishment) and there is no suitable alternate facility available for you to use then you may request that your membership be frozen until the gym re-opens (Closure Period). Any membership freeze which occurs as a result of a Closure Period does not:
• Count as part of a member’s Minimum Term/ Supply Period; and
• Cause a reduction in the member’s entitlement to a free membership freeze (if any).
20. Transfer
You cannot transfer your membership to another person (transferee) within the Minimum Term of your Agreement. You also cannot transfer foundation, family or friends memberships.
21. 24/7 Terms of Entry & CCTV 24/7 ACCESS PASS
All members are required to comply with the gym's safety guidelines at all times:
• For member’s safety, you cannot ask another member to provide you with access to the FCG facility in unstaffed hours.
• You must not admit guests or in any way facilitate unauthorised access to the gym. If you breach this obligation, you will be notified by FCG management and a tailgate fee of $100 will be payable to FCG. Subsequent breaches of this obligation will incur additional tailgate fees, and risk revocation of 24/7 access and membership cancellation.
• If you deliberately use the emergency system inappropriately, you agree to pay any costs, loss or damage incurred because of the inappropriate use.
CHILDREN AND MINORS
• Members that are 17 years old and under are not eligible for 24/7 Memberships as they are only allowed access during staffed hours. For further information, please refer to our Age Policy in section 12.
GENERAL INFORMATION
• You will read and follow all safety instructions displayed on equipment and throughout the facility.
• Do not bring valuables into the gym. Any belongings that you choose to bring into the facility should be kept on you at all times.
• FCG will take no responsibility for lost or stolen items.
• FCG is monitored by Closed Circuit Television (CCTV) at all times.
22. CCTV
• You acknowledge and understand that CCTV will be installed in appropriate areas and surrounds as a strategic component for team member, member and contractor safety and crime and misconduct prevention.
• By entering our gym, you consent to being filmed under CCTV for these purposes and understand that we will only use and store your image in accordance with our Privacy Policy.
23. Additional Safety Measures
Your safety and the safety of other members and our staff is of upmost importance to us and we may, from time to time, introduce reasonable health and safety measures (including for example temperature checks prior to accessing our facilities in response to COVID19) to ensure your safety and safety of other members and our staff. If we make any reasonable health and safety measures a condition of entry and you refuse to comply with these measures, you may not be permitted to enter the FCG facility at our discretion unless a medical exemption applies (and we are provided with appropriate supporting documents).
24. Staying Up To Date With Your Terms
We may sometimes change our terms and conditions. This includes changing a gym's opening hours, its services and membership fees. Sometimes, we may also close for refurbishment. We do not reduce your membership fees because your club is closed for renovations or repairs (where a suitable substitute club is available) or for a public holiday. The most up-to-date terms and conditions always apply. You can find copies at reception or on our website www.finleycommunitygym.com. If we reasonably consider that any change to the terms and conditions is likely to benefit you or be of no, or immaterial, detriment to you, we can make the change immediately and do not need to notify you.
For all other changes, we give you at least 14 days notice of any changes, for instance by:
• Publishing them in our social media or on our website; or
• Placing a notice in the gym; or
• Email, calling you or writing to the address (post) you last gave us.
If we suspend gym's operations or services, temporarily or permanently, we may send you a written notice offering you a transfer to another club.
25. Privacy Policy
Your “personal information” (as that term is defined in the Privacy Act 1988 (Cth)) will only be used by the Finley Community Gym, YASARJEN Pty Ltd or GoCardless in accordance with the provision of their Privacy Statements. GoCardless’ Privacy Statement can be obtained from its website https://gocardless.com/en-au/
The Finley Community Gym Privacy Statement can be obtained from its website.
MARKETING PERMISSIONS
We sometimes film or photograph the gym so it is possible you will appear in the background. By signing your Agreement, you allow us to use your image in promotional and other business-related material. Finley Community Gym will use the contact details you have provided above to contact you about your membership. FCG, related companies and companies we engage to perform services on our behalf, may also contact you from time to time both during and after your membership with information about fitness and wellness, promotions, special offers and other materials about FCG and related companies' service and products. FCG will not provide your personal information or contact details to unrelated third parties. Depending on your preferences, you may be contacted in the following ways: mobile, email and/or SMS. You can change your mind at any time about receiving marketing materials by contacting info@finleycommunitygym.com.au
26. Entire Agreement
• This Agreement and its Annexures, and the DDR Service Agreement (if paying by Direct Debit), and any Special Terms & Conditions listed on the website constitute the entire agreement, understanding and arrangement (express and implied) between the Member, FCG management and GoCardless relating to the subject matter of this Agreement and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.
• The issuer of the billing service is GoCardless (CRN07495895) is authorised by the Financial Conduct Authority under the Payment Services Regulations 2017, registration number 597190, for the provision of payment services. Terms & Conditions for GoCardless can be found via their website.