1. CONTRACT FORMATION - a contract arises between us once the Contract has been signed and we accept the Contract. This Contract will be governed by the laws of the state in which your Acceleration Centre is located.
2. ACCEPTANCE BY ACCELERATION OF THIS CONTRACT - It is important that the terms of the Contract between you and us are clear and for this reason, if there is any conflict between what is set out in this contract and anything you have been told at the club or over the telephone, the terms in this booklet will prevail unless a staff member acknowledges discussion. Failure by us to enforce any of our rights at any time for any period shall not be construed as a waiver of those rights. We have 5 days after formation of a Contract to rectify any miscalculation reflected within the Application and Agreement.
3. TRAINING CENTRE ETIQUETTE - You must comply with the Rules. Certain Centres have facilities with higher risk areas. You must ensure you read, understand and abide by the Rules outlined for the centre in both signage and handouts, particularly those applying to these areas.
4. CONSEQUENCES OF MISCONDUCT - We reserve the right to refuse entry to any person, including members, and have the right to cancel your membership without warning or notice for serious inappropriate behaviour that is threatening or harassing, and includes damaging equipment in the centre and perceived risks, including but not limited to, the use of illegal or performance enhancing drugs. Warnings for any breach of these Membership Terms and Conditions or failure to comply with centre Rules or acting unreasonably will result in possible reaction by Acceleration.
5. PAYMENT OF FEES - All fees should be paid on time or in advance. All merchant fees associated with credit card payments can be recovered from your nominated credit card account (if applicable).. If they are not paid on the due date, you agree that we may continue to debit the nominated credit/debit account with the total amount due without notice to you. We will use reasonable endeavours to give written notice to the most current address you have supplied at least one fortnight prior to this occurring. Notice may also be given via telephone or face to face. Please note: should we debit an account where we have no authority, we agree to refund these debits plus any overdrawn charges proven to this debits fault.
6. MONEY OUTSTANDING/NO ACCOUNT DETAILS - If any amount payable for your contract is not paid on the due date, access to the Centre may be affected until such time as payments are up to date.
7. OPERATING HOURS - Each centre’s operating hours may differ between centres and are available upon request at the Centre, visiting www.accelerationesp.com or by calling 1300 661 847.
8. CHANGE OF RULES/OPERATIONS - We cannot guarantee that we will not need to add to, change or remove Rules, conditions of contracts, including but not limited to the Training Terms and Conditions, opening and closing hours and the services and facilities offered by the Centre from time to time. Any such additions, deletions or changes will be notified to.
9. COMPLAINTS & FEEDBACK - We see both complaints and feedback as gifts. We will endeavour at all times to assist you with any concerns you may have. To do this both effectively and efficiently, we have empowered our centres to assist you with any queries and Sports Performance Systems and Acceleration has developed a supporting escalation process should you feel the complaint/feedback has been handled inappropriately. The initial complaint is always directed immediately to the relevant Head performance coach within the centre whose role it is to contact you within a week (where possible) to discuss or resolve. Should you feel that you would like it addressed further, you can then put your complaint in and forward it to the Sports Performance Systems, 16 Dixon Street, Auchenflower, PO Box 1449, Milton QLD 4064. The complaint will then be reviewed by a panel of staff and a resolution/response sent back to you in writing within 21 days of receipt.
10. CHANGE OF DETAILS - You must keep us informed of any change of address, email address, contact numbers, bank account & credit card details for payment and any other information relevant to your membership.
11. GUIDANCE - If you believe that there is a risk to your health by participating in any of the activities offered at the Centre, you must inform us in writing of that risk and give full details of the risk. You will update your details and let us know if your medical condition changes after you join us. We may, at our discretion, deny your training until you receive medical clearance from your doctor to proceed with an exercise program at the Centre and/or until you have received advice as to an appropriate exercise program. We strongly recommend that medical clearance is obtained prior to starting any form of exercise.
12. RISK WARNING - It is your responsibility to ensure that you correctly operate or use any facilities and/or equipment provided in any Centre, including the adjustment of levels or settings on the equipment. If you are in any doubt as to how to correctly operate any equipment you should consult a member of staff before use.
13. RESPONSIBILITY FOR DAMAGE - You are responsible for any damage which you or your guest may cause to the Centre facilities, if such damage is caused by your wilful act or negligence.
14. IMAGE - By signing this Contract you consent to us using your image in any promotion or other material in relation to the business. Please note: this is only applicable if you are filmed in the background.
15. YOUR PHYSICAL CONDITION - You promise and represent on the date of the Contract, and repeat such promise and representation each time you use our facilities, that you are in good physical condition and that you know of no medical or other reason why you are not capable of engaging in active or passive exercise and that such exercise would not be detrimental to your health, safety, comfort or physical condition. Acceleration staff are not medically trained and are therefore not qualified to assess whether you are in good physical condition and/or that you can engage in active or passive exercise without detriment to your or their health, safety, comfort or physical condition. We strongly advise you take expert advice prior to commencing any exercise program if you are in any doubt about your or your guest's ability to engage in active or passive exercise. You shall not use any Club facilities whilst suffering from any infections or contagious illness, disease or other ailment or whilst suffering from any physical ailment such as open cuts or sores or minor infections where there is a risk, to other members and guests.
16. UNENFORCEABLE CLAUSES - Where a provision is deemed to be invalid or unenforceable by the courts the provisions will be deleted from the Contract but such deletion will not affect the validity and enforceability of the remaining provisions. NOTE: The Contract will be subject to Australian Law and the Courts of Australia will have jurisdiction over any disputes in relation to it.