Membership Terms & Conditions

Terms and Conditions – My Recovery Club

Membership Agreement – My Recovery Club

This Agreement outlines your membership terms and conditions with My Recovery Club. It includes the Important Notice, Details section, Terms, and any attached or referenced documents, such as the Club Rules, our Privacy Policy, and special conditions for members aged 16–17, if applicable.

By agreeing to these terms, you enter a legally binding contract with us, setting out your rights to use our facilities and services, and outlining your responsibilities as a member. Please read this Agreement carefully. If you have questions, please contact us before agreeing.

Membership Types

  1. Recovery Club Membership (Ongoing Agreement): This membership is a week-to-week ongoing agreement with a minimum term of 4 weeks (4 billing cycles). Membership continues on a rolling basis after the minimum term until cancelled. A 30-day written notice is required to cancel after the minimum term.
  2. Pre-paid Fixed Term Agreement: Ends at the end of the Minimum Term. Continued access requires a new agreement; pre-payment may be required.

Direct Debit Information

If you have an automatic direct debit arrangement, fees will continue to be debited until either you or we cancel the arrangement. Terminating the agreement or direct debit outside of these terms may result in liability for unpaid fees. We recommend canceling any direct debit authorisation once the Agreement lawfully ends.

Key Terms Overview

  • Your Safety: Provide relevant health and fitness information, including a signed liability waiver. Ensure you are in good physical condition before using the Club.
  • Access & Reciprocity: Membership grants access during opening hours at the Club you joined.
  • Membership Hold (Freeze): See Clause 9 for details.
  • Medical Cancellations: See Clause 10.3.
  • Other Cancellations: See Clause 10.4.
  • Cancelling After Minimum Term: See Clause 10.2.
  • Insufficient Funds: May incur bank or billing fees (Clause 13.3).

Definitions

  • Administration Fee: Payable under Clause 10.3(b).
  • Agreement: This Membership Agreement.
  • Biller: Our third-party billing provider, Stripe.
  • Cancellation Fee: Payable under Clause 10.4.
  • Club: My Recovery Club.
  • Fees: The charges under this Agreement.
  • Guest Fee: Payable under Clause 5.5.
  • Minimum Term: The agreed minimum membership duration.

1. Introduction

1.1 This Agreement consists of the Details, Terms & Conditions, Club Rules, and other policies.
1.2 All rules and policies are available on our website or in the Club.
1.3 Your rights under the Australian Consumer Law (ACL) or other legislation remain unaffected.
1.4 You must provide complete and accurate information.
1.5 This Agreement commences on the date specified in the Details.

2. Access and Reciprocity

2.1 Access: Check in to use the Club; you may not allow others to use your membership.
2.2 Reciprocity: Membership grants access only to the Club you joined.

3. Cooling-Off Period

3.1 The Club does not offer a discretionary cooling-off period where members have had the opportunity to trial facilities prior to joining.
3.2 This clause does not limit any cooling-off or consumer rights under the ACL or other legislation.
3.3 Pre-Sale Memberships: If you purchase a membership during a pre-sale for a new Club location not yet open, a 7-day cooling-off period applies.

4. Minimum Age

4.1 Members under 18 may only use the Club under specific rules and conditions.

5. Membership Types & Benefits

5.1 Membership grants access to the Club and its facilities based on your membership type.
5.2 Corporate Memberships may have different rules.

6. Club Rules and Member Obligations

6.1 Comply with Club Rules and lawful staff directions.
6.2 Access is subject to availability and opening hours.
6.3 Surveillance may occur in some areas.
6.4 Follow staff directions for health, safety, or security.

7. Privacy

7.1 Provide personal information, including health and financial details.
7.2 Consent is given to collection, use, and disclosure of your information per our Privacy Policy.
7.3 Keep your contact and payment details updated.
7.4 Consent is required for promotional use of your image.
7.5 Photos or videos by members are prohibited unless permitted.

8. Transfer of Membership

8.1 Membership is non-transferable.

9. Putting Your Membership on Hold

9.1 Membership holds (“freezes”) are available only in special circumstances, including medical reasons or extended leave of 28 days or more.
9.2 Holds must be a minimum of 4 consecutive weeks and may be approved for a maximum of 8 weeks in any 12-month period, subject to the Club’s reasonable discretion. Supporting documentation may be requested.
9.3 During an approved hold, membership access and billing are suspended, and the membership term is adjusted accordingly.

10. Cancelling Your Membership

10.1 Written notice to cancel must be sent via email to the Club’s nominated address, hello@myrecoveryclub.com.au.
10.2 Cancelling After Minimum Term: Fixed Term Agreements end automatically; Ongoing Agreements require 30 days’ notice.
10.3 Medical Reasons: Membership may be cancelled if diagnosed with a serious illness or permanent incapacity, confirmed by an agreed doctor. A cancellation fee equal to 30 days’ fees applies.
10.4 Convenience Cancellation During Minimum Term: Pay the higher of 50% of remaining term fees or 60 days’ fees. This fee represents a genuine pre-estimate of loss incurred by the Club.
10.5 Other Grounds: Cancellation without fees may apply if the Club closes or other conditions arise.

11. Termination by the Club

11.1 We may terminate membership for breach of this Agreement.
11.2 Outstanding fees remain payable if membership is terminated.
11.3 Insolvency or bankruptcy may result in termination.

12. Fees

12.1 Members must pay all fees.
12.2 Non-payment may suspend access until fees are up to date.
12.3 Pro-rata fees apply for mid-cycle joiners.
12.4 Membership fees may be prepaid or paid in instalments.
12.5 Cancellation fees apply as per Clause 10.
12.6 Late fees or charges may apply.
12.7 Fees will not increase during the Minimum Term.

13. Direct Debit

13.1 Payments are via the Biller under a separate agreement.
13.2 You authorise deduction from your nominated account.
13.3 Late or rejected payments may incur additional charges.

14. Other Services

14.1 Third-party services (e.g., personal training) may be available under separate terms.

15. Changes to the Agreement

15.1 The Club may change this Agreement. Adverse changes allow cancellation.
15.2 Notification will be provided 30 days in advance.

16. Liability

16.1 Services are provided with due care and skill and are fit for purpose, as required by ACL.
16.2 The Club is not responsible for unattended property.
16.3 Liability waivers must be signed before entry.

17. Responsibility for Damage

17.1 Members are liable for damage caused by themselves or their guests.

18. Club Closures

18.1 The Club may close up to 14 days without affecting membership. Closures of 15+ consecutive days allow a freeze.
18.2 Public holidays and holiday periods may involve closure; fees remain payable.

19. Complaints

19.1 Raise concerns with Club staff first; unsatisfied issues may be escalated to hello@myrecoveryclub.com.au.

20. General Legal Matters

20.1 The Club is not responsible for disruptions from events beyond our control.
20.2 Illegality of part of this Agreement does not invalidate the rest.
20.3 Waivers do not limit enforcement rights in the future.
20.4 This Agreement is governed by the laws of the state/territory specified in the Details.