Terms & Conditions
This page outlines the rights and responsibilities relating to the Member’s entitlements during the Membership Period to use of THE WELL’s facilities. It also relates to the member’s authority to Ezidebit to directly debit the nominated bank account or credit card for any installments or fees due under the terms and conditions of this Membership Agreement. These terms are stated below.
Summary of Key Terms:
- Your membership is governed by this Agreement.
- Your membership permits you to use THE WELL premises, facilities, equipment and services as shown and limited by the membership identified. Your membership is non-transferable by you unless deemed appropriate by THE WELL.
- To change your details, you must provide THE WELL with any changes to your details, which are relevant to your membership in writing.
- Suspension: THE WELL will only allow you to place your membership on hold if you are fully up to date with your payments. A membership can be placed on hold for a minimum period of 7 days and a maximum period of 4 weeks per membership contract. After the 4-week period you will be charged a suspension fee of $10per week until you return. Please direct your request in writing to the well 3 days before your suspension is to start.
One Month & 7 Day Offers are not entitled to any suspension holds.
- Cooling Off: You can cancel this agreement within 7 days from the Start Date by giving us written notice. Any services used within the 7 days such as health assessment, Personal training session or Nutritional consultation which are deemed entry conditions must be paid for.
- Membership Cancellation
a) Cancelling in the Minimum Term for Other Reasons: You can cancel for your convenience if you pay the Cancellation Fee which is the higher of 50% of the balance due for the Minimum Term.
b) You can also cancel on notice of 14 days if you relocate more than 10 km away from any Club and give us proof.
c) Cancelling an Ongoing Agreement After the Minimum Term: You may cancel on 14 days written notice. One Month & 7 Day Offers have a no cancellation policy.
- Class & Appointment Cancellation policy: We know life gets in the way of life sometimes and are happy for you to modify your booking at any time up until 24 hours beforehand. If you need to cancel though please bear in mind the below policy as it allows us to offer your spot to another WELL member.
a) Class Cancellation : If you need to cancel within 6 hours before the reformer Pilates class start time or 2 hours before any yoga or fitness class start time a late fee of $20.00 AUD is required and we will process this automatically via your stored credit card or direct debit details.
b) Appointment Cancellation (Applicable for all 1:1 sessions + treatments): If you need to cancel within 12 hours prior, 100% of the treatment/1:1 cost is required and we will process this automatically via your stored credit card or direct debit details. (Discretion applied as required)
1.1 You agree to pay all Membership Fees as set out in your Agreement and agree to be bound by the direct debit terms and conditions as described in the Payment Agreement.
1.2 For a Direct Debit Membership, you must make your payments on a weekly basis in advance.
1.3 For a Pay-in-Full Annual & One month Membership + intro offers, you must pay your membership in advance according as indicated in your Agreement.
1.4 You must complete and return to THE WELL a Payment Agreement authorising THE WELL’s Payment Provider to debit the Membership Fee due for each direct debit period from your Billing Account.
1.5 THE WELL will endeavour to contact you by phone, sms or email to inform you of any overdue payments. In the event that THE WELL cannot contact you, it will provide you with written notice of overdue payments;
1.6 A member will be charged a Dishonour Fee in the event that a direct debit payment is dishonoured by their financial institution.
1.7 Additional fees (being bank charges or administrative charges incurred by the Payment Provider) will apply for any overdue or late payments.
1.8 If there are repeated failures to meet your payment obligations (other than through the fault of THE WELL or its Payment Provider), without prejudicing THE WELL’s rights to recover any overdue payments, your membership may be suspended or terminated by Written Notice to you.
1.9 THE WELL may change its Payment Provider. In such circumstances, you agree to complete a Payment Agreement authorising THE WELL’s new Payment Provider to debit the Membership Fees due for each direct debit period from your Billing Account. In the event of a change of payment provider, you will not be liable for any additional fees.
1.10 THE WELL reserves the right, at any time, to change the Membership Fees charged to members for use of the Club facilities. THE WELL agrees to use reasonable endeavours to provide you with Written Notice of the changes. The changes will take effect thirty (30) days after the Written Notice has deemed to be been received by you. We deem receipt to have occurred three (3) business days after the Written Notice was sent. At the end of the thirty (30) day period, you authorise THE WELL and/or the Payment Provider to debit the new amount to your account. If you have signed for a fixed or minimum term, your fees will not increase during this fixed or minimum term.
To ensure THE WELL is able to provide a high level of service in a safe, healthy and pleasant environment for all, members must comply with the following conditions:
2.1 Entry will be refused, or a person requested to leave the Centre if the person
a) is abusive or uses offensive language or whose behaviour is threatening, or
b) is under the influence of drugs or alcohol.
c) Is smoking in the Centre.
d) Is conducting personal training or coaching, without written approval of THE WELL management.
2.2 The following rules are also a condition of your membership
a) No chewing gum in the training area.
b) Sweat towels must be used at all times.
c) Weights must be returned to their correct place after use.
d) Weights must not be purposely dropped on the floor
e) Loud or offensive language must not be used whilst on the premises or when leaving the premises.
f) Correct training attire and runners must be worn in the Centre – no jeans, work clothes, boots, sandals, thongs, or clothing that is likely to cause offence to others are permitted.
g) No food allowed in the gym or group exercise classes.
h) No entry to a group exercise class 5 minutes after it starts.
We know life gets in the way of life sometimes and are happy for you to modify your booking at any time up until 24 hours beforehand. If you need to cancel though please bear in mind the below policy as it allows us to offer your spot to another WELL member.
3.1 Class Cancellation: If you need to cancel within 6 hours before the Reformer Pilates class start time or 2 hours before any Yoga or Fitness class start time a late fee of $20.00 AUD is required and we will process this automatically via your stored credit card or direct debit details.
3.2 Appointment Cancellation (Applicable for all 1:1 sessions + treatments): If you need to cancel within 12 hours prior, 100% of the treatment/1:1 cost is required and we will process this automatically via your stored credit card or direct debit details. (Discretion applied as required)
4.1 All members of THE WELL must be a minimum of 12 years of age. All Minors must have a parent or guardian co-sign this Agreement.
4:2 All members aged 12 years – 17 years must undertake THE WELL Gym induction prior to participating in any Gym activity.
4:3 Members aged 17 and under must not use the steam room unless accompanied by a parent/guardian.
4:4 Minors aged between 12-15 years of age must comply with THE WELL Rules and access to the activity can only occur when they are accompanied by a parent/guardian or are participating in a THE WELL staffed activity.
5.1 THE WELL is not responsible for your medical/fitness condition
5.2 It is your responsibility not to use any equipment which may adversely affect any medical condition.
5.3 You hereby represent to your Club and THE WELL and their 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 or its facilities.
5.4 If you have any health or medical concerns now or after you join as a member of the Club, you must discuss them with THE WELL trainers before using the equipment or the Club.
5.5 It is a condition of membership with THE WELL that each member, prior to using the Club, has to complete the Pre-Exercise Questionnaire.
5.6 You will not be permitted to use the training facilities until you have completed the Pre-Exercise Questionnaire.
5.7 HE WELL reserves the right to restrict, suspend or terminate your membership if THE WELL is of the reasonable opinion that you are unfit to utilise THE WELL facilities. If your membership is restricted or suspended for this reason, your membership will not be reinstated until you provide THE WELL with a medical certificate confirming that you are fit to train. You will not be charged membership fees during this time.
6.1 For security purposes, THE WELL uses video surveillance equipment to monitor the facility
6.2 By signing your agreement, you acknowledge that by accessing THE WELL you will be subject to video surveillance and recording.
6.3 Video surveillance is limited to the floor area only and is not within the walls of the bathrooms or treatment rooms.
6.4 Your image will not be distributed outside THE WELL without your permission
Liability of THE WELL
7.1 You understand and acknowledge that THE WELL purchases the equipment from a third party and therefore does not manufacture any of the fitness or other equipment used in the Club.
7.2 You understand and acknowledge that THE WELL is providing recreational services and may not be held liable for defective products or equipment.
7.3 THE WELL is not liable to you for any personal property that is damaged, lost, or stolen while on or around the Club including, but not limited to, any property left in a locker.
7.4 If you cause damage to the Club or any equipment you are liable to THE WELL for its cost of repair or replacement.
7.5 All items stored in the lockers are at your risk and we do not accept responsibility for items lost, damaged or stolen. Bags are not permitted in the training area and must be placed in the lockers provided. We can store valuable items for you at reception if requested and will take all possible care but cannot accept liability for these goods.
Termination of membership
You may terminate your membership at any time on the following basis:
8.1 You provide a request for termination of your membership in writing to THE WELL
8.2 If your request for termination is for reason of permanent sickness or physical incapacity and this prevents you from using the Club:
a) your request must be accompanied by a medical certificate evidencing such permanent sickness or physical incapacity; and
b) there will be a refund of any unused Membership Fees commencing from the time your medical certificate is presented to THE WELL.
c) One Month & Intro Offers have a no cancellation policy.
8.3 In the event of death, your estate must provide written evidence in the form of a death certificate and all unused Membership Fees will be refunded.
8.4 If your request for termination is for reasons other than permanent sickness or physical incapacity:
In relation to Direct Debit and fixed Memberships:
a) Cancelling in the Minimum Term for Other Reasons: You can cancel for your convenience if you pay the Cancellation Fee which is 50% of the balance due for the Minimum Term. You may not get a refund, unless you suffer from a permanent sickness or physical incapacity as described above;
b) You can also cancel on notice of 14 days if you relocate more than 10 km away from any Club and give us proof of your new address.
c) Cancelling an Ongoing Agreement After the Minimum Term: You may cancel on 14 days written notice.
d) you must provide THE WELL with Written Notice of termination at least fourteen (14) working days before your final date to allow THE WELL sufficient time to process your termination. If your notice is less than fourteen (14) working days your weekly direct debit amount for those 14 days will be processed and will not be refundable; and
e) THE WELL may restrict your membership at any time on the following basis:
ea) concern for the health and/or safety of the member; or
eb) non-compliance, improper or harmful conduct engaged in by the member.
f) THE WELL may terminate your membership at any time on the following basis:
fa) you fail to make any payments of your Membership Fees;
fb)THE WELL reasonably suspects that you are engaging in illegal activity in the Club;
fc) you fail to follow any of the Policies or Club Rules, or violate any part of this Agreement; or
fd)your conduct is improper or harmful to the best interest of THE WELL members and or staff.
Fg) In the event that THE WELL terminates your membership termination will be effective on the date that THE WELL sends Written Notice. THE WELL will not refund any unused portion of your fees.
fh) Upon termination of your membership by THE WELL, you will cease to have access to the Club, and THE WELL has the discretion to deny you access to the club in future. Any money owing to THE WELL when your membership ends, remains immediately due and payable and THE WELL will deduct the amount outstanding from any refund which you may be eligible. If there is not enough money to cover the amount owing to THE WELL, you must pay the balance of the amount owing.
fi) Upon termination of your membership by your election, 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.
fj) 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.
Suspension of membership
9.1 The Well will only allow you to place your membership on hold if you are fully up to date with your payments. A membership can be placed on hold for a minimum period of 7 days and a maximum period of 4 weeks per membership contract.
9.2 Please provide a request 3 days before for suspension of your membership in writing to THE WELL with accurate dates of the period of time you are wishing to suspend from.
9.3 Your autopayments will be paused for the period of time the suspension is active. After the 4-week period you will be charged a suspension fee of $10 per week until you return.
9.4 One Month & Intro Offers has a no suspension policy.
Limitation of liability
10.1 THE WELL warns that whilst you are on our premises using our exercise facilities, you are at risk of suffering physical harm or personal injury including broken bones, soft tissue injuries, joint injuries, permanent disability or death. These injuries may occur from you;
a) slipping on wet flooring;
b) being struck by weights;
c) colliding with equipment, or other members;
d) engaging in strenuous exercise and activities; or
e) incorrect use of equipment or Club,
10.2 You acknowledge that any such injury may result not only from your actions but from the action, omission or negligence of others.
10.3 You acknowledge and agree that the above-mentioned injuries and potential causes of injuries are not exhaustive, and there are other unknown or anticipated risks that may result in injury, illness or death.
10.4 You acknowledge that whilst every attempt is made to ensure that the services and facilities provided by THE WELL are safe, there are some significant and inherent risks involved, and you agree that you are participating voluntarily at your own risk and responsibility, thereby exposing yourself to certain risks.
Statutory guarantees relating to the supply of services
Under the Competition and Consumer Act 2010 (6th) certain consumer guarantees apply to the supply of goods and services to consumers. These guarantees mean that THE WELL will guarantee that the services it supplies to you are:
a) rendered with due care and skill;
b) fit for any purpose you have told us you are acquiring the services for; and
c) supplied within a reasonable time.
At The Well Bondi you have 14 days to return your items (some exclusion may apply) for a full refund or exchange as long as it is returned in a saleable condition with original proof of purchase. The refund will be provided using your original payment method.
One Month & Intro offers has a no refund policy.
Definitions and Interpretation
13.2 “Member” means any member of The Well Bondi.
13.3 “Payment Processor” means a provider of merchant services as specified in our Terms and Conditions
13.4“Personal Information” means information or an opinion about an identified individual, or an individual who is reasonably identifiable:
13.5 whether the information or opinion is true or not; and
13.6 whether the information or opinion is recorded in a material form or not.
13.7 “Services” means any services provided by The Well Bondi or functions offered through the well
13.8 The Well Bondi website and any related sites, applications, and services.
13.9 “Member” or “you” means any user of The Well Bondi including without limitation any person that:
a) Views The Well Bondi website in a browser;
b) Submits any information via a membership form
c) Submits any information to The Well Bondi, through use of an enquiry form, or otherwise;
d) Signs up for a membership or account
e) Pays for Services
f) Conducts any other type of transaction in accordance with our Terms and Conditions.
How we collect information
15.1 We collect information sent to us when you sign up for a membership either in person, on membership applications, over the phone, via email or online.
Information that we collect
Transaction data includes:
16.1 Transactions made throughout the gym
16.2 Checking into classes
16.3 Any other information collected whilst on site
If you become a member of The Well Bondi, we may collect the following types of information:
16.4 Contact information, such as your name, address, phone, email and other similar information;
16.5 Detailed Personal Information, such as your date of birth or other personal identifiers.
16.6 Information in identification documents
16.7 Tax file numbers and other government issued identification numbers
16.8 Date of birth and gender
16.9 Bank account details
16.10 Educational qualifications, employment history and salary
16.11 Visa or work permit status
16.12 We may also obtain any information about you from third parties such as credit bureaus, Payment Processors, and identity verification services.
16.13 In some cases, it may be necessary for The Well Bondi to collect sensitive information such as professional memberships, ethnic origin, criminal record and health information. The Well Bondi may also collect personal information from a third party via a reference check.
16.14 This information collected only from a source that is nominated by the person the information is about.
16.15 The Well Bondi may also collect personal information via Social Media, SMS, mobile marketing or from a person’s use of its website via contact mailboxes or registration processes.
16.16 We may also collect additional information from or about you in other ways, such as through contact with other Users, our support team or results when you respond to a survey or poll.
Identify you as a User;
17.1. Enable functionality on and to customize The Well Bondi, content, and advertising;
17.2 Measure promotional effectiveness;
17.3 Mitigate risk and prevent fraud; and
17.4 To promote trust and safety across our members and website.
17.5 We use both session and persistent Cookies. Session Cookies expire and no longer have any effect when you log out of your Profile or close your browser. Persistent Cookies remain on your browser until you erase them or they expire.
17.6 We encode our Cookies so that we can interpret the information stored in them. You are free to decline our Cookies if your browser or browser add-on permits but doing so may interfere with your use of the The Well Bondi website.
17.7 You may encounter Cookies on websites that we do not control. For example, if you access a third-party website through our website, there may be a Cookie placed by the web page or an application within it.
How we protect and store Personal Information
18.2. We store and process your Personal Information on our computers in. We protect your information using physical, technical, and administrative security measures to reduce the risks of loss, misuse and unauthorized access, disclosure and alteration.
How we use the Personal Information we collect
Our primary purpose in collecting Personal Information is to provide you with a secure, smooth, efficient, and customized experience and to provide the best possible health outcomes from your visit(s) The Well. We may use your Personal Information to:
19.1 Provide The Well Bondi, our services, and customer support;
19.2. Facilitate transactions and send notices about your transactions;
19.3. Resolve disputes, collect fees, and troubleshoot problems;
19.4. Prevent potentially prohibited or illegal activities and enforce our Terms and Conditions;
19.5. Customize, measure, and improve The Well Bondi
19.6. Deliver targeted marketing, Service update notices, and promotional offers based on your communication preferences.
19.10 Contact you at any telephone number, by placing a voice call or through text (SMS), or email messaging, as authorized by our Terms and Conditions; or
19.11. Compare information for accuracy and verify it with third parties.
20.1. We do not sell or rent your Personal Information to third parties for their marketing purposes without your explicit consent. We may combine your information with information we collect from other companies and use it to improve and personalize. If you do not wish to receive marketing communication with us, outside of The Well Bondi then you may opt-out at any time by using the unsubscribe or opt-out feature contained in the communication that we send to you.
20.2. Information generated by The Well Bondi is used by us for our internal development purposes only.
How we share Personal Information
20.3. We work with third parties, including payment gateways, merchant facility providers or Payment Processors to enable them to send payments from you. In doing so, a third party may share information about you with us. This may include information to confirm that payment has been processed, and the transaction details, but not any credit card information.
20.4. Please note that members who you buy from, or otherwise contract with, may have their own privacy policies, and although The Well Bondi’s Terms and Conditions do not allow the other transacting party to use this information for anything other than providing their goods and services through the gym, The Well Bondi is not responsible for their actions, including their information practices.
How we share Personal Information with other parties
20.5. We may share your Personal Information with the following persons, or classes of persons.
20.6. Service providers under contract who help with our business operations such as fraud prevention, bill collection, marketing, and technology services.
20.7. Law enforcement, government officials, or other third parties pursuant to subpoena, court order, or other legal process or requirements applicable to The Well Bondi or one of its affiliates.
20.8. Credit card brands in order to evidence the details of a transaction that has been queried by you, or another member.
20.9. To law enforcement agencies, or contracted investigators, when we believe, in our sole discretion, that the disclosure of Personal Information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of our Terms and Conditions.
20.10. Other third parties with your consent or direction to do so.
20.12. If you create an account, take membership on, or transact directly on a third-party location or website or via a third-party application, any information that you enter on that website or application will likely be shared with the owner of that website or application. These sites are governed by their own privacy policies and terms and conditions and you are encouraged to review their privacy policies before providing them with Personal Information. The Well Bondi is not responsible for the content or information practices of third parties.
How you can access or change your Personal Information
20.13. You can review and edit your Personal Information by contacting our Privacy Officer at firstname.lastname@example.org.
How you can contact us about privacy questions
Handling your complaints
We aim to:
21.1. Acknowledge receipt of all complaints within 5 business days; and
21.2. Resolve all complaints within 60 days, however, this may not be possible in all circumstances.
21.3. Where we cannot resolve a complaint within 60 days, we will notify you of the reason for the delay as well as an indication of when we expect to resolve the complaint.
If a person, or an organization, wishes to complain about how The Well Bondi has handled personal information, it may do so by contacting the Business Manager or Managing Director, The Well Bondi and providing the complaint in writing.
BFF Membership Offer
a) Offer is only valid if your ‘BFF’ signs up for a ‘Premium’, 'Dynamic' or ‘Classic’ Membership
b) Membership must be maintained for the minimum period (6 months).
c) This offer does not currently have an expiration date. The Well reserves the right to finish this campaign at any time
d) BFF campaign does not have a restriction on the number of ‘BFF’s’ you can sign up, as long as they adhere to the above terms.
e) ‘Private’ sessions must be taken together with your BFF, not individually.
f) ‘Private’ session must be one (1) only of the following Pilates, Yoga or Personal Training.
g)$50 cafe voucher balance does not carry over if not used in one sitting.
Summer Classic Membership Offer
a) This offer expires on the 1st December 2018 or after the first 100 sign ups, whichever comes first. The Well reserves the right to finish this campaign at any time.
b) Membership must be maintained for the minimum period (12 weeks) with only a 2 week suspension policy.
c) Once the 12 week period is completely the membership will roll over to a $39per week classic membership unless specified by the client in writing to The Well.
Permit number LTPS/17/19508