Please read the following terms and conditions carefully. You must not become a member of Healthwise Global, attend the Club or participate in any Group Fitness Class, exercise session, beauty appointment, massage or other activity provided, arranged or organised by Healthwise (each a “Healthwise Activity”, and collectively “Healthwise Activities”) unless you understand and agree with the following terms and conditions. References to “us”, “we” and/or “our” in these terms and conditions shall mean Flight Centre Travel Group Limited (ACN 003 377 188), t/a Healthwise Active and Healthwise Global (“Healthwise”, “we” “our” or “us”).
Terms and Conditions
Your membership is governed by this Agreement.
This Agreement incorporates these terms and conditions, the Membership Agreement, the Policies, the Club Rules and the Privacy Policy.
Accepting this Agreement does not automatically entitle you to a membership. Your application may be subject to further review by Healthwise.
Healthwise reserves the right, in its sole discretion, to amend this Agreement.
Membership
Your membership permits you to use Healthwise’s premises, facilities, equipment and services as applicable in the membership selected, pursuant to your Membership Agreement.
Your membership is non-transferable by you unless agreed in writing by Healthwise.
You must provide Healthwise with any changes to your details, which are relevant to your membership in writing. Updates must be communicated via email to info@healthwiseglobal.com or through the Healthwise App.
Healthwise will only hold your membership for up to four weeks in one 12 month period (commencing on the date your membership is activated). You must notify Healthwise by email to info@healthwiseglobal.com at least seven days prior to the date on which the hold period is intended to commence.
Members must pre-book Healthwise Activities through the Healthwise App, at least 24 hours in advance.
Payments
You agree to pay the Access Pass Fee (if applicable) prior to accessing the Club for the first time.
You agree to pay all Membership Fees on a fortnightly basis in advance, in accordance with your Payment Agreement.
If you do not pay for Healthwise Activities at the time of booking through the Healthwise App, you will not be permitted to participate in the Healthwise Activities you are seeking to book.
The Membership Fees and amounts payable for Healthwise Activities and products include goods and services tax (GST) in accordance with Australian GST laws.
Healthwise will endeavour to contact you by phone, SMS or email to inform you if any payment becomes overdue. If Healthwise is unable to contact you via phone, SMS or email, it will provide you with Written Notice of overdue payments.
You acknowledge and agree that you may be charged:
a fee of up to $20 in the event that a fortnightly direct debit payment is dishonoured by your financial institution;
a fee of up to $60 if your Access Pass is damaged or lost and requires replacement;
additional fees (being bank charges or administrative charges incurred by the Payment Provider) in the event of any overdue or late payments.
If you repeatedly fail to meet your payment obligations (other than through the fault of Healthwise or its Payment Provider), your membership may be suspended or terminated by Written Notice to you. For the avoidance of doubt, this clause does not prejudice Healthwise’s rights to recover any overdue payments.
You acknowledge and agree that Healthwise may change its Payment Provider and that Healthwise and/or the current Payment Provider may, in their sole discretion, assign or novate all existing Payment Agreements to a new payment provider. In the event that Healthwise or the current Payment Provider assigns or novates the existing Payment Agreements to a new payment provider, you consent to Healthwise or the current Payment Provider providing your personal information (including, but not limited to your payment details, to its new Payment Provider) in accordance with this Agreement and Healthwise’s Privacy Policy.
Healthwise reserves the right, at any time, to change the Membership Fees charged to Members for use of the Club and equipment or participation in the Healthwise Activities. Healthwise agrees to use reasonable endeavours to provide you with Written Notice of such changes. The changes will take effect 30 days after the Written Notice has deemed to have been received by you. We deem receipt to have occurred 2 business days after the Written Notice was sent. At the end of the 30 day period, you authorise Healthwise and/or the Payment Provider to debit the new amount to your account.
Minimum Age
All Members must be at least 14 years of age.
All Members under 18 years of age may only access the Club during Staffed Hours, and a parent or legal guardian must review and agree to the Membership Agreement on behalf of the Member.
Minimum age requirements may vary from time to time (but individuals under 14 will never be accepted). All decisions under this clause 4 are at the discretion of Healthwise.
Staffed Hours
A Member may be subject to a Staffed Hours only membership, which will only allow them to attend the Club during Staffed Hours.
Access by Non-Members
Only Members may access the Club and Healthwise Activities, unless otherwise specified in this Agreement. You must not bring a non-Member into the Club, or otherwise allow any non-Member to access the Club or Healthwise Activities.
If you breach clause 6.1 of this Agreement, you acknowledge and agree that:
you accept personal responsibility and liability for any injury, loss or damage attributed to the non-Member whether or not caused through the negligence of Healthwise;
Healthwise may, in its sole discretion, restrict, suspend or terminate your membership; and
you must pay a financial penalty of $40.
You acknowledge and agree that you may be required to show proper identification when entering the Club.
Orientation
It is a condition of this Agreement that you participate in a scheduled Member orientation session.
The orientation will include Club layout, amenities, service offerings (e.g. personal training, massage and beauty services, Group Fitness Classes), safe operation of equipment, cleaning requirements, and entry and exit areas.
Healthwise may suspend or terminate this Agreement if you do not satisfactorily complete the Club orientation prior to commencing exercise, accessing the Club, or otherwise participating in Healthwise Activities.
Physical Condition
It is your responsibility not to use any equipment or participate in any Healthwise Activity if doing so may adversely affect your health or safety.
You hereby represent to Healthwise and its directors, officers, employees, contractors and agents that, to the best of your knowledge, you do not have any physical, medical or other disability or condition which may be affected or aggravated by, or which may result in any sickness, injury or death to you as a result of, your use of the Club and equipment, or participation in any Healthwise Activity.
If you have any doubts at all, you must consult a qualified medical practitioner prior to engaging in your chosen Healthwise Activities and you must follow the qualified medical practitioner’s instructions in relation to your participation (or non-participation) in these activities. Healthwise may, in its sole discretion, choose to refuse to provide Healthwise Activities to you until your qualified medical practitioner agrees in writing that you are fit to participate and/or you show Healthwise proof that you have received medical advice on an appropriate exercise program for you.
You acknowledge that any information which is provided to you by Healthwise is general information only, is not intended as medical advice and should not be relied upon as a substitute for consultations with a qualified medical practitioner who is familiar with your individual medical needs.
Pre Activity Readiness Questionnaire
You must complete the Pre Activity Readiness Questionnaire prior to using the Club or participating in any Healthwise Activity.
Healthwise reserves the right to restrict, suspend or terminate your membership if Healthwise is of the reasonable opinion that you are unfit to utilise the Club. If your membership is restricted or suspended for this reason, your membership will not be reinstated until you provide Healthwise with a certificate from a qualified medical practitioner confirming that you are fit to train.
Video and audio surveillance
For security purposes, Healthwise may use video and audio surveillance equipment to monitor the Club.
By accepting this Agreement you acknowledge that by accessing the Club, you may be subject to video and/or audio surveillance and recording.
Video and/or audio surveillance is limited to the floor area only, and is not within the walls of the bathrooms, Group Fitness Class rooms, or assessment rooms.
Equipment and facilities
You acknowledge and agree that Healthwise purchases or leases the equipment from a third party and does not manufacture any of the fitness or other equipment used in the Club.
You acknowledge and agree that Healthwise is providing recreational services and may not be held liable for defective products or equipment.
Healthwise reserves the right at any time to remove, discontinue, repair or replace the Club equipment, without any effect on this Agreement.
Healthwise reserves the right to decrease the number of Group Fitness Classes at any time without notice, provided that the number of sessions is not significantly decreased.
The Club may be closed for up to two weeks each year for maintenance purposes.
Release and indemnity
You acknowledge and agree that you use the Club and equipment, and participate in any Healthwise Activities provided, arranged or organised by Healthwise, at your own risk.
You agree that your use of the Club and equipment, and participation in Healthwise Activities is voluntary and you acknowledge the inherent risk of injury or contracting any illness or medical condition that might result from such participation or use. Additionally, you assume all risk of damage, loss or theft of any personal property that might result from such participation or use (except to the extent caused by fault on Healthwise’s part).
You accept sole responsibility for ensuring that you are medically, mentally and physically fit enough to safely participate in your chosen Healthwise Activities (including by consulting with a qualified medical practitioner and following their instructions if you have any doubts about your health or fitness), and certify that you have no injuries or conditions that may impact on your ability to participate in your chosen Healthwise Activities. Without limiting the foregoing, if you are, or believe that you may be, pregnant, you accept sole responsibility for ensuring that you are able to participate in your chosen Healthwise Activities in a way that is safe for you and your baby.
If you observe any significant hazard during your use of the Club or equipment, or participation in Healthwise Activities, you will remove yourself from that hazard, safeguard others from the hazard (to the extent you are able to do so safely), and will immediately notify a Healthwise Representative of the hazard.
Healthwise is entitled to ask you to agree to exclude, restrict or modify Healthwise’s liability for death or personal injury suffered by you in connection with your participation in the Healthwise Activities (to the extent those activities are “recreational services” as defined in the Competition and Consumer Act 2010 (Cth)). If you accept the terms of the Agreement, you agree on your behalf and on behalf of your personal representatives, heirs, executors, spouse, administrators, agents, assigns or others, to release and discharge Healthwise (and its affiliates, employees, contractors, agents, representatives, successors and assigns), to the extent permitted by the Competition and Consumer Act 2010 (Cth), from any and all liability arising in connection with the supply of recreational services for:
death;
physical or mental injury;
the aggravation, acceleration, or recurrence of a physical or mental injury;
the contraction, aggravation or acceleration of a disease of an individual; or
the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual:
that is or may be harmful or disadvantageous to the individual or community; or
that may result in harm or disadvantage to the individual or community.
This exclusion of liability does not apply where significant personal injury is caused by “reckless conduct” (as defined in the Competition and Consumer Act 2010 (Cth)) by Healthwise.
You acknowledge that you have carefully read this clause 12 and fully understand that it is a release of all liability of Healthwise in respect of death and personal injury in connection with recreational services provided by Healthwise (except to the extent caused by Healthwise’s reckless conduct, as defined in the Competition and Consumer Act 2010 (Cth)).
You acknowledge that what you achieve from your participation in any of the Healthwise Activities depends on your level and manner of participation and other factors which are outside the control of Healthwise and the Healthwise Representatives, and neither Healthwise nor the Healthwise Representatives guarantee achievement from your participation in the Healthwise Activities.
You agree that, if you cause damage to the Club or equipment, you are liable to Healthwise for its costs of repair or replacement.
You agree that these terms and conditions, including the release and indemnity given by you under this clause 12, are ongoing and will apply to all future occasions when you participate in Healthwise Activities, use Healthwise facilities or equipment or interact with the Healthwise Representatives. If you no longer wish to be bound by these terms and conditions, you must notify Healthwise and stop your participation in the Healthwise Activities.
Massage acknowledgement
By making an appointment for a massage service, you acknowledge and agree that:
the massage you will receive is provided for the basic purpose of relief from stress and muscular tension;
if you experience any pain or discomfort during this session, you must immediately inform the Healthwise Representative so that pressure or strokes may be adjusted to your level of comfort;
massage should not be considered a substitute for medical examination, diagnosis, or treatment and that you should see a physician or other qualified health care specialist for any mental or physical ailment of which you are aware;
Healthwise Representatives are not qualified to perform spinal or skeletal adjustments, diagnose, prescribe, or treat any physical or mental illness, and that nothing said in the course of a massage should be considered as such.
massage should not be performed under certain medical conditions, and you have stated all known medical conditions and have answered all questions honestly;
you will keep the Healthwise Representative informed of any changes to the profile mentioned in clause 13(e) and Healthwise will not be liable for any loss or damage caused as a result of your failure to do so; and
any illicit or sexually suggestive remarks or advances made by you will result in immediate termination of the session, and you will be liable for payment for the full time scheduled.
Physiotherapy acknowledgement
By making an appointment for a massage service, you agree and acknowledge that:
there are risks associated with the treatment that you are to receive and you are willing to proceed with the treatment without confirmation from a qualified medical practitioner;
you may withdraw your consent for any treatment provided, and that once your consent is withdrawn, the treatment will cease immediately;
if you experience any pain or discomfort during the session, you must immediately inform the Healthwise Representative;
you have provided your medical history to the Healthwise Representative and have answered all questions honestly;
you will keep the Healthwise Representative informed of any changes to the profile mentioned in 14(d) and Healthwise will not be liable for any loss or damage caused as a result of your failure to do so;
you will not hold Healthwise liable for any injury sustained during an exercise, stretching or health care program designed by the Healthwise Representative, including but not limited to if you are performing the exercise, stretch or program incorrectly; and
physiotherapy should not be considered a substitute therapy for certain medical conditions.
Cooling off period
All new memberships are subject to a cooling off period of 48 hours from the time of signing the Membership Agreement.
During the cooling off period, you may terminate your membership by Written Notice to Healthwise.
For any membership terminated validly during the cooling off period, Healthwise will refund any Membership Fees paid by you, less an administration fee of up to $75 or 10% of the Membership Fee, whichever is less.
Your right to terminate your membership
You may request termination of your membership for any reason, by Written Notice at least seven days in advance of the desired termination date.
Healthwise will refund any unused Membership Fees to you within fourteen days of termination under clause 16.1.
Upon termination of your membership under clause 16.1, you may continue to use the Club for any period that you have paid in advance. You will cease to have access to the Club once any period you have paid in advance expires.
Healthwise’s right to restrict or terminate your membership
Healthwise may restrict your membership (including by limiting access to Staffed Hours) at any time with immediate effect if:
Healthwise has concerns for your health and/or safety; or
you engage in conduct that is considered by Healthwise in its sole discretion to be improper or harmful to other Members.
Healthwise may terminate your membership at any time with immediate effect if:
you fail to make any payments of your Membership Fees;
Healthwise reasonably suspects that you are engaging in illegal activity in the Club;
you fail to follow any of the Policies or Club Rules, or violate any part of this Agreement; or
you engage in conduct that is considered by Healthwise in its sole discretion to be improper or harmful to other Members.
In the event that Healthwise terminates your membership in accordance with clause 17.2, termination will be effective on the date that Healthwise sends Written Notice. You must pay all Membership Fees up to that date.
Upon termination of your membership under this clause 17, you will cease to have access to the Club. Any money you owe to Healthwise at the date when your membership ends, remains immediately due and payable, and Healthwise will deduct the outstanding amount from any refund to which you may be eligible. If there are insufficient funds to cover the amount owing to Healthwise, you must pay the balance of the amount owing.
Consequences of termination
Termination or expiration of this Agreement shall be without prejudice to the rights of each party against the other in respect of anything done or omitted under this Agreement prior to such termination or expiration.
Termination and unauthorised cessation of direct debit
If you terminate the Agreement or stop the automatic debit arrangement in a manner not described in the Agreement, you may be liable to Healthwise for any unpaid fees, or fees incurred by Healthwise.
Assignment
Healthwise may assign or novate its rights under this Agreement at any time without prior consent.
Applicable Law
These terms and conditions are subject to the laws of Queensland and any dispute arising in connection with these terms and conditions or your participation in Healthwise Activities will be heard by the courts of Queensland (and courts of appeal from them).
Severability
If any part of these terms and conditions is invalid or unenforceable, that part will be deleted and the remainder of the terms and conditions will remain valid and enforceable.
Privacy
Healthwise collects personal information from you so that Healthwise can: organise and run the Healthwise Activities; provide health and wellbeing and associated services to you; help you to meet your fitness goals; monitor your achievement of your goals; notify you of new health and wellbeing initiatives; monitor your health and wellbeing generally; and for other related purposes as set out in the Privacy Policy. You agree that Healthwise may collect, retain, use and disclose your personal information in accordance with applicable laws and the Privacy Policy. If you do not agree to provide certain personal information to Healthwise, Healthwise may not be able to provide Healthwise Activities to you. You may access and correct any personal information we hold about you and you may also opt out of receiving information from us regarding health and wellbeing services and initiatives provided by Healthwise. If you have any comments or complaints about how your personal information is held or used, please contact your Healthwise Representative.
Use of your image
Healthwise sometimes films or photographs during Healthwise Activities and it is possible you will appear in them. By accepting the terms of the Agreement, you allow Healthwise to use your image in promotional and business-related material (including, without limitation, in social media). However, if you have any concerns about your inclusion in a film or photograph, please let your Healthwise Representative know.
You acknowledge that Healthwise may release, use, reproduce, edit, adapt, or distribute films or photographs in which you appear for Healthwise’s promotional and business-related material (including social media) without any compensation or remuneration to you. You agree to Healthwise releasing any such film or photograph to its related bodies corporate for this purpose.
You release, discharge and agree to hold Healthwise, and any person acting on its behalf, harmless from any liability related in any way to our use of your image or likeness under this clause 24.
Definitions
In this Agreement:
Access Pass means your membership card allowing you to enter the Club;
Access Pass Fee means the Access Pass Fee specified in the Membership Agreement;
Agreement means this membership agreement made between you and Healthwise incorporating the documents referred to in clause 1.2;
Club means the Healthwise gym as specified in your Membership Agreement or any such Club to which your membership may be transferred;
Club Rules mean the Club rules as amended from time to time, which are located at the Club;
Healthwise Activity means any Group Fitness Class, exercise session, beauty appointment, massage or other activity provided, arranged or organised by Healthwise;
Healthwise Representative means any staff member of Healthwise;
Pre Activity Readiness Questionnaire means the pre-workout questionnaire that the member is required to complete prior to using the Club;
Group Fitness Class means the group fitness sessions offered by Healthwise to Members;
Healthwise App means the Healthwise App, provided by MINDBODY, Incorporated;
Healthwise means Flight Centre Travel Group Limited (ACN 003 377 188), t/a Healthwise Active and Healthwise Global and includes its agents, representatives, officers, directors, shareholders, successors, affiliates, subsidiaries and employees;
Healthwise Representative means any Healthwise team member, and may include employees and contractors;
Member means the individual who has entered into this Agreement with Healthwise;
Membership Agreement means the form provided to you by Healthwise, which may be provided via the Healthwise App, requiring you to provide the relevant details to Healthwise (e.g. name, address, payment card details) relating to your membership;
Membership Fees means the fortnightly fees that are due and payable by you pursuant to this Agreement;
Payment Agreement means the agreement between you and us permitting our Payment Provider to provide the direct debit and credit card payment facilities to you on our behalf in accordance with the Payment Provider’s Direct Debit Service Agreement;
Payment Provider means the payment provider specified from time to time by Healthwise, which is currently Ezidebit unless Healthwise otherwise specifies;
Payment Provider’s Direct Debit Request Service Agreement means the Payment Provider’s service agreement provided to you by Healthwise;
Policies means the Healthwise membership policies as amended from time to time, which are located at www.healthwiseglobal.com and available at your Club on request;
Privacy Policy means the Healthwise privacy policy which is available at www.healthwiseglobal.com or by emailing tod.horton@healthwiseglobal.com;
Staffed Hours means the hours for the Club, which are located at the entrance to the Club. Healthwise reserves the right to change the Staffed Hours at any time without notice; and
Written Notice means notice in writing, given in person, by email or post to the parties’ last known address.
