Terms and Conditions

BODY LIBRARY
MEMBERSHIP TERMS

YOUR MEMBERSHIP AGREEMENT IS AN ONGOING AGREEMENT WITH A MINIMUM INITIAL COMMITMENT PERIOD OF AT LEAST SELECTED NUMER OF MONTHS OF RELEVANT PAID MEMBERSHIP or “PAY AS YOU GO” MEMBERSHIP.

  1. THE AGREEMENT BETWEEN YOU AND US

1.1 Your membership

These Terms, together with the Body Library Rules and the following completed documents:

(a) your Registration Form hard copy or on Glofox App;

(b) your Payment Authority Form on Glofox App (not applicable to PAYG membership); and

(c) your Health Check Questionnaire completed at Glofox App or at the Body Library;

make up all of the terms of a Membership Agreement (“Agreement”) between, the member named above (“you”), and AIMA Solutions Pty Limited (ABN 94 639 131 061 (“us”)). It is important that you have read and understood all of the terms and conditions of the Agreement before signing these Terms. If you have any questions please ask us.

1.2 Corporate members

If you are a corporate member, you will also have to produce proof of your corporate identity to us. If you fail to produce this corporate identity to us we may ask you to reimburse us for any discounts you have received when joining. Extra or different terms (“Corporate Terms”) might apply to you because of the corporate membership agreement between us and your employer. Corporate Terms form part of the Agreement between us, as well as the documents listed in paragraph 1.1 above. If there are any differences between any part of these Terms and the Corporate Terms, the relevant terms of the Corporate Terms will take priority. The company which is allowing you to benefit from corporate membership is responsible for making you aware of any Corporate Terms that apply.

  1. WHEN WILL YOUR MEMBERSHIP START?

Your membership will start on the Membership Start Date (“Membership Start Date”) from the day of purchase at our reception or on Glofox App, provided that:

(a) you have accepted these Terms and your Payment Authority Form (if any);

(b) you have completed a Health Check Questionnaire and, if applicable, provided any other medical details of your health and fitness to our satisfaction; and

(c) we have received your Payment as set out in our Glofox App or website.

  1. HOW LONG WILL YOUR MEMBERSHIP LAST?

3.1 Commitment Periods

Your Commitment Period include an Initial Commitment Period. You are committed to a minimum initial period of membership of purchased package from the start of the first weekly billing period following your Membership Start Date from the day of purchase at our reception or at Glofox App such that:

(a) if your Membership Start Date is the first day of a billing period, the selected period from your Membership Start Date.

3.2 Can you suspend or “freeze” your membership?

If you wish to suspend or “freeze” your membership you may notify us of your request in writing. Your Body Library receptionist will be able to confirm to you the periods of freeze available during your membership. You can freeze your membership for two or more consecutive whole weekly billing periods (i.e. a minimum of 2 weeks) but your membership cannot be frozen for only a part of any weekly billing period (the “Freeze Period”). If you freeze your membership during the Initial Commitment Period, your Initial Commitment Period and the Initial Commitment Period end date set out in your Glofox App or Registration Form will be extended by the Freeze Period.

You can notify us at any time that you would like to freeze your membership but your Body Library must receive your notice at least 3 days prior to the start of the first weekly billing period you wish to freeze. You will not be able to use Body Library while your membership is frozen.

3.3 What happens if you change your mind?

You may notify us by contacting us at Body Library, that you wish to cancel your membership within 14 days starting on the date that you sign these Terms (“Cooling Off Period”). If you do so, we will refund you the unused amount which you have paid to us. If you have used your membership during the Cooling Off Period, we will refund those amounts set out above, less the Class Fees for each visit, the fees for any personal training or other Body Library services you have received and a reasonable administration charge.

  1. MEMBERSHIP DUES AND FEES

4.1 Membership Dues

As a Body Library member you are personally responsible for payment to us of the Membership Dues and any other ongoing payments set out in your Glofox App as they fall due. Your Membership Dues are due for the whole of each weekly billing period even if your membership is terminated during that weekly billing period (unless you have terminated under paragraph 7.2(a)).

Membership Dues vary depending on your type of membership.

You must pay the Membership Dues applicable to Body Library and your Membership Type at the relevant time. You may only pay your Membership Dues in advance by direct debit or periodic credit card authority under your Payment Authority Form. No other form of payment will be accepted. You will not be allowed to access the Body Library if your Membership Dues remain outstanding. We will collect any outstanding amounts and any charges we incur from late payment through your Payment Authority Form. If you have a genuine dispute in relation to the collection of outstanding amounts or the charges we incur, please contact us.

4.2 Changes to Membership Dues

We review our Membership Dues periodically and may change them from time to time. This may result in an increase to your Membership Dues after the Initial Commitment Period. We will give you at least 14 days’ notice of any change and the date from which the change will apply by emailing you at the email address you have provided to us, by notifying you via your member portal at bodylibrary.com.au (Website) or by writing to you. If you do not wish to accept an increase in your Membership Dues you may terminate your membership in accordance with paragraph 7.1. If you do not terminate your membership you will be required to pay any revised Membership Dues from the date from which the change becomes effective and your direct debit payments or credit card payments will be amended accordingly.

All Membership Dues will include goods and services tax (GST) from 1st of January 2023.

We reserve the right to change your Membership Dues in line with any government GST rate changes, even if you are in your Initial Commitment Period.

4.3 Other membership fees and charges

Any fees or charges that may be payable for additional services and facilities or PAYG, will be set out in the Body Library price list (as may be amended by us from time to time) available at the reception of Body Library or our Website. Such fees may be added to your direct debit or credit card payment.

  1. CAN YOU TRANSFER YOUR MEMBERSHIP TO ANOTHER PERSON?

No, you may not transfer your membership to another person. Your membership is personal to you.

  1. MEMBERSHIP TYPE

Membership types vary. You can find most recent Membership Types at our Website.

6.1 Can you change your Membership Type?

Yes, you may change your membership to another Membership Type as long as you qualify for the new Membership Type and you serve any remaining period of your Initial Commitment Period under that new Membership Type. Body Library must receive notice of any change to your Membership Type at least 3 days prior to the start of the weekly billing period from which you want the change to be effective.

6.2 Access

Certain Membership Types may have various inclusions and access to a various Classes. Please refer to our Website or Glofox App for relevant details.

6.3 Facilities

We may need to adjust the availability of certain facilities at your Body Library on a temporary basis including for the purposes of cleaning, improvement work, repairs, upgrades, maintenance, special functions and holidays. If Body Library is not available for more than seven days in a row, you can ask us for a credit against your Membership Dues for the period that Body Library is not available.

  1. HOW CAN YOUR MEMBERSHIP BE TERMINATED?

7.1 Termination by you after the Initial Commitment Period

After the Initial Commitment Period or from the first registration date you may give us notice to terminate your membership by contacting us via email or reception at Body Library which we must receive at least 3 days prior to the date of the weekly billing period that you wish to stop.

If you wish to terminate your membership prior to the completion of your Initial Commitment Period you may do so by contacting us via email or reception at Body Library however your membership dues for the remainder of your Initial Commitment Period will be payable. Your termination will take effect from the first weekly direct debit date after we receive your notification and any membership dues owing.

7.2 Reasons for ending your membership early

You may terminate your membership immediately by contacting us via email or reception at Body Library within 30 days of any of the following occurring:

(a) We increase your Membership Dues other than in accordance with paragraph 4.2.

(b) We change the physical location of Body Library.

(c) We close the whole Body Library for any reason for a period of 30 days in a row or longer.

(d) We make changes to these Terms or the Body Library Rules under paragraph 9 that significantly reduces the benefits of your membership.

(e) We breach any terms of this Agreement and fail to rectify that breach within 14 days of you giving us notice to do so.

7.3 Termination by us

We may terminate your membership immediately by emailing or writing to you at the contact addresses we have on our records:

(a) If you commit a serious or repeated breach of these Terms or the Body Library Rules.

(b) If you otherwise breach these Terms or the Body Library Rules and the breach, if capable of remedy, is not remedied within 14 days of us giving you notice to do so and informing you that your membership will be terminated if you fail to do so.

(c) If any part of your Membership Dues remains unpaid 28 days after falling due.

(d) If you provide us with details which you know to be false when applying for membership and these false details may have affected our reasonable decision to grant you membership. If we terminate your membership for any of these reasons we may (without limiting any other right or remedy) recover any other reasonable costs and expenses we incur as a result of your breach and to collect the full amount of Membership Dues for the remainder of the then current fortnightly billing period and any arrears.

7.3 Collection of fees

We will collect any Membership Dues and fees that are outstanding when your membership is terminated. We may use a third party to assist in the collection of outstanding fees.

  1. WHAT ARE THE BODY LIBRARY RULES?

The Body Library Rules govern your use of a facilities. In becoming a member you agree to comply with the Body Library Rules which are binding rules that apply to all members, guests and visitors. You are also responsible for the conduct of your guests and visitors while they are using the Body Library. Up-to-date Body Library Rules will be published at bodylibrary.com.au and Body Library facilities.

  1. CHANGES TO THESE TERMS OR THE BODY LIBRARY RULES

We reserve the right to make reasonable amendments to these Terms or the Body Library Rules at any time. We will give you at least 14 days’ notice by emailing you, updating your member portal at bodylibrary.com.au, or writing to you to tell you that changes are being made and that you may see the amended Terms or Body Library Rules at our website or at the Body Library. If any amendment to these Terms or the Body Library Rules significantly reduces the benefits of your membership you have the right to terminate your membership under paragraph 7.2.

  1. HOW YOU SHOULD CONTACT US?

Any written notice or completed form provided to Body Library must be sent by postor email, or given in person at reception; with exception of a termination by you (see paragraph 7). Full contact details are available at your Body Library’s reception. Only notices delivered to us in one of these ways will be considered valid notice.

  1. RISK AND YOUR HEALTH

Exercising and using Body Library facilities may involve the risk of injury and you exercise and use the Body Library facilities at your own risk. Please monitor your physical condition at all times and exercise to a level that is appropriate given your knowledge of your health and any medical advice you have obtained. If any unusual symptoms occur immediately stop what you are doing and notify a staff member.

  1. LIABILITY

12.1 Recreational Activities

In the course of exercising or engaging in any recreational activities while using any Body Library facilities, if you are killed or injured, we will not be liable except to the extent caused by our gross negligence. In this paragraph:

  • gross negligence, means as defined in paragraph 12.2 below; and
  • recreational activities, means your participation in a sporting activity or a similar leisure time pursuit or your participation in any other activity that involves a significant degree of physical exertion or physical risk and is undertaken for the purposes of recreation, enjoyment or leisure.

Please refer to the warning notice in paragraph 12.2 below which we are required to provide to you under the Australian Consumer Law and Fair Trading Act 2012 in relation to this limitation on our liability.

12.2 Warning under the Australian Consumer Law and Fair Trading Act 2012

In this warning, references to “the supplier” mean us, and references to “you” mean you and your child (if you have agreed to these Terms on behalf of a child). Under the Australian Consumer Law, several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you:

  • rendered with due care and skill; and
  • are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
  • might reasonably be expected to achieve any result you have made known to the supplier.

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

NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part.

Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.

12.3 Liability for supply of other services

Without limitation to paragraphs 12.1 and 12.2 and any other terms which are implied into this Agreement; or by statute in relation to the supply of services which cannot be excluded or limited, we will ensure that the services that we provide to you are provided with due care and skill, are fit for the purpose for which they are commonly bought as is reasonable to expect in the circumstances, will correspond in the nature and quality with the services demonstrated to you, and are free from any defect rendering them unfit for the purposes for which our services are commonly acquired. To the extent permitted by law, and again without limiting paragraphs 12.1 and 12.2, unless we have breached these obligations we will not be liable for any death, injury, loss, liability or damage that you may incur as a result of the services provided by us to you.

  1. OTHER BITS

You must keep us up to date with your contact details by contacting us via email or reception at Body Library if your contact details change. In the event that we do not receive a Change of Circumstances notification from you and your contact details change, notice given by us to the email or other address we have on our records for you will constitute valid notice to you under these Terms.

We may transfer our rights and obligations (or both) under this Agreement, or subcontract our obligations under it, to another organisation without giving you notice and you will continue as a member. If the other organisation fails to provide the same (or equivalent) facilities and services we provided, you may end your membership by contacting us via email or reception at Body Library.

If we fail to enforce any of our rights at any time, for any period and for whatever reason, this will not take away those rights. Also if we fail to notice or act if you break any of the terms of this Agreement, this does not mean that your behaviour is acceptable. If a Court decides that a term of this Agreement is not valid or cannot be enforced, that term will not apply but this will not affect the rest of the Agreement.

This Agreement is subject to the laws of the New south Wales.

  1. YOUR PERSONAL INFORMATION

We take the privacy of our members seriously and our Privacy Policy, which is available at bodylibrary.com.au, explains the ways in which we collect, use, store, protect and disclose your personal information.

We collect personal information from you to provide you with our services, to administer your membership with us and for the other purposes described in our Privacy Policy. In most cases, we collect your personal information directly from you, a Change of Circumstances Form, Health Check Questionnaire, the member portal at bodylibrary.com.au, Glofox App and in the course of our other communications with you, which may occur through bodylibrary.com.au or when you call or contact our staff.

If you do not allow us to collect your personal information, we may not be able to provide you with our services, administer your membership with us or conduct some or all of the other activities described in our Privacy Policy.

With your consent, we may also collect personal information which relates to your physical health or condition, including (without limitation) when you complete our Health Check Questionnaire, so that we can assess your general health, wellbeing and your readiness for physical exercise and for the other purposes set out in our Privacy Policy. If you do not provide this information, you will not be able to use Body Library. If we believe you have any health issue or if our Health Check Questionnaire is not fully completed, we may require you to obtain a medical certificate before we consider your application further.

In order to perform our services and for the purposes described in our Privacy Policy, we may disclose some of your personal information to our related bodies corporate and to other persons or entities as outlined in our Privacy Policy. Should you default on payments due to us we may disclose your personal information by notifying the default to a credit reference agency or other third party to obtain payment from you.

Other than as set out in our Privacy Policy, we will not share your personal information without your consent unless we are required to do so by law.

Our Privacy Policy explains how you may access and correct the personal information that we hold about you. It also sets out how you may contact us to complain about a breach of the Privacy Act, and how we will deal with such a complaint. If you have any questions or concerns about privacy or if you would like further information about our privacy practices, please contact the Body Library

Privacy Officer using the following details:

Email: info@bodylibrary.com.au

Address: 313 Darling St, Balmain NSW 2041

By accepting these terms with Glofox App registration or in hard copy, you agree to be bound by this Agreement and you consent to the terms and conditions within it.

Phone: 0452 610 142

Email: info@bodylibrary.com.au

313 Darling St, Balmain NSW 2041