This page includes both General and Promotional Terms and Conditions. Except for what is outlined in the specific Promotional Terms and Conditions, General Terms and Conditions will apply. For any previous terms and conditions, please contact your nearest Goodlife Health Club.
Welcome to Goodlife Health Clubs. To ensure that Goodlife Health Clubs is able to provide a safe and comfortable environment for all members and staff, please assist us by complying with the following conditions. We advise you to only sign this membership agreement if you understand and agree to abide with these conditions. The information outlined in these terms and conditions can and will be used in the event of a discrepancy.
INTRODUCTION
By signing the agreement you acknowledge and agree:
you have been given a copy of this agreement and agree to abide by your obligations in it;
you are medically sound to undertake a normal course of exercise, you use the club facilities at your sole risk and responsibility and you are aware that exercise is physically demanding and participation in some activities may pose a risk to your health; and
this agreement also relates to your authority to DebitSuccess Pty Ltd or other debiting agent nominated by Goodlife from time to time to directly debit the nominated bank account or credit card for any instalments or fees due under the terms and conditions of this Agreement and Direct Debit Request. These terms and conditions are set out in this agreement and can also be accessed on the Goodlife Health Clubs website (goodlife.com.au).
DEFINITIONS
In this Agreement unless the contrary intention appears:
The singular includes the plural and vice versa.
A reference to a party includes that party’s legal personal representative heirs and assigns.
“Club’’ refers to any Goodlife Health Club your membership entitles you to visit.
“DebitSuccess” is DebitSuccess Pty Ltd, PO Box 577, Mt Waverley, Vic, 3149
Phone: 1800 148 848
E-mail: [email protected] or other debiting agent nominated by Goodlife from time to time.
“Free Time” means that period of your membership contract in which you are not required to pay membership fees but have your usual club access rights.
"Goodlife" and "Goodlife Health Clubs" means the "Goodlife Operations Pty Limited (ACN 120 953 200)" trading as "Goodlife Health Clubs" of PO Box 813 Morningside, QLD, 4170.
“Home Club” refers to the Goodlife Health Club where you joined and is named on your membership contract.
“You” and "Member" refers to the name in which the membership account has been created, which at times may differ to the party paying for the membership, and includes the parent or guardian of the Member if the Member is under 18 years.
“Website” means the national Goodlife Health Clubs website at www.goodlife.com.au or such other website as notified to Members from time to time.
“24.7 Active Pass” means the electronic card, fob or digital access pass you are provided with when you elect to access the Club outside staffed hours of operation.
“24.7 Access Policy” means the Goodlife policy concerning use of the Club facilities during unmanned hours which you are advised about at the time of your 24/7 Induction training.
MEMBERSHIP QUERIES
All queries and comments about the services provided under this Agreement should be directed to the Home Club via its contact details listed on the website.
All queries and comments about the direct debit billing service should be directed to DebitSuccess.
The Member acknowledges that DebitSuccess has been engaged by the Club to collect the fees due under this agreement if paying by way of direct debit, and also acknowledges that all rights of the Club under this Agreement are able to be enforced by DebitSuccess as if it were the Club without any involvement on the part of the Club or the consent of the Member.
CLUB ACCESS
All members must present their membership card (or photo ID) upon entry to the club at every visit.
You must scan your membership card or digital access pass and register your attendance for safety, security and insurance purposes.
If you lose your membership card or key tag, a replacement can be purchased from Reception upon providing proof of identification.
Upon joining Goodlife a photo will be taken of you for safety and security reasons, and the photograph will be used and stored in accordance with our Privacy Policy.All ‘guest visitors’ to Goodlife Health Clubs are required to present photo identification upon every visit, complete the guest register, and otherwise comply with the terms relating to guest visits that are available on the website.
Entry to the Club may be refused as a result of unpaid or outstanding membership fees as detailed in this agreement.
GENERAL CONDITIONS OF ENTRY
To assist us in maintaining a safe and comfortable environment for all members and staff, you are required to abide by the following conditions. Failure to abide by these conditions may result in the suspension or termination of your membership:
ENTRY: Entry will be refused or you may be requested to leave the Club if:
you are using abusive or threatening language or behaving in a threatening way; or
you are under the influence of drugs or alcohol; or
you instruct other members when Goodlife has not authorised you to do so; or
you behave in another way that is considered by Goodlife to be risky or seriously inappropriate.
NON-SMOKING: Goodlife Health Clubs are non-smoking facilities.
RELAXATION ZONES: Sauna, spa and relaxation zone areas are available in selected Clubs for male and female use and as such minimum standards of dress apply.
DRESS CODE: Fully enclosed, clean sports shoes must be worn during workouts for safety reasons, excluding Arena Championship Series and selected Mind Body classes (see in club for details). Members are required to wear a singlet or t-shirt at all times in the club. Clothing must be clean and tidy with no offensive prints or designs for the consideration of other members.
TOWELS: You are required to use a towel when participating in classes and when exercising on gym equipment to maintain hygiene and safety standards. You may be requested to cease training if you do not use a towel. Where available, you can purchase a towel from reception.
ILLEGAL ACTIVITIES: No illegal activities are permitted in the club, including but not limited to the use or sale of steroids or performance enhancing drugs.
CHILDREN: Minors under the age of 18 years may be eligible for a membership subject to Goodlife’s Age Policy (as updated and displayed on the website from time to time) and the following general terms and conditions:
the minor must attend a safety induction in order to be granted access to the club;
the minor must comply with all safety requirements of the club as communicated to the member from time to time;
the minor’s membership may be cancelled for any inappropriate behaviour, misuse of equipment or failure to comply with safety requirements;
the minor must comply with the applicable sections of the Age Policy available in club and on the website;all minors must leave the club immediately once staffed hours have ended;
all minors can only access the club during staffed hours, subject to the qualifications and exclusions listed in the Age Policy available in club and on the website.
PERSONAL TRAINING: Personal training services are available in clubs for an additional fee. Please contact your club for more information or see the personal training noticeboard and make contact with one of the Personal Trainers directly. Personal Trainers within Goodlife are contractors and all arrangements for personal training services and payments should be made directly with the Personal Trainer. Please note only authorised Goodlife registered Personal Trainers are permitted to train members in Goodlife clubs. Conducting personal training within a Goodlife club without being an approved Personal Trainer may result in the cancellation of your membership.
PHOTOGRAPHY: There is to be no filming or photography in a Goodlife Health Club by members.
ALLOWING US TO USE YOUR IMAGE: We sometimes film or photograph the club so it is possible you will appear in the background. By signing your agreement, you allow us to use your image in promotional and other business-related material.
USE OF EQUIPMENT
For the safety of you and others, please follow all equipment operating and safety instructions on the equipment.
If you are not sure of correct use or operation of equipment please seek assistance from a Goodlife team member.
Where Functional Training Zones are available please seek assistance from a Personal Trainer if you are unfamiliar with the equipment or its safe and appropriate use.
You are required to return equipment to their original state when you have finished, including:
return weights and bars to their rack;
unload plates from machines and bars;
return equipment to its storage location in Group Fitness classes.
As a courtesy to other members, please use a clean towel when using equipment and keep phone calls to a minimum.
USE OF WET AREAS
Please note that wet areas including swimming pools, saunas and steam rooms are unsupervised and they are to be used at your own risk.
When using these areas, please obey any signs and refrain from running, diving, jumping or other dangerous activity.
LOCKERS, VALUABLES AND LOST PROPERTY
Lockers are available and are located in the change rooms, however lockers are not security devices.
Goodlife employees or contractors are not responsible for any loss of, or damage to, personal property from the Club or a locker, and Goodlife recommends that you keep all valuables with you while using the club.
Damage to, or the loss of locker keys, will incur a $25.00 charge.
Goodlife is unable to look after your personal possessions (keys and wallets for example) whilst you are in the Club.
Bags are not permitted on the gym floor for safety reasons.
Personal items are not permitted to be stored in lockers overnight, and lockers are cleared daily. Any items remaining in lockers or handed into Reception will be held for two weeks and then donated to charity.
MEMBERSHIP FEE INCREASE
If you have joined on a 12 or 18 month membership term then after your minimum term has expired your membership fees will increase automatically by 4% from the first direct debit date and annually thereafter without further notice.
MEMBERSHIP ENTITLEMENTS
Membership at Goodlife Health Clubs entitles you to:
Work out as many times as you wish in a given period, subject to any restrictions in your membership type relating to club access outside of staffed hours.
Participate in normally scheduled Group Fitness classes. However, please note additional fees may apply for specific group fitness programs or challenges including, but not limited to; Arena Championship Series, Arena Fit Series, Yoga Box, 12 Week Challenge and Small Group Training. Please refer to Goodlife’s website for more information in relation to these additional offerings.
Use exercise equipment located on the gym floor and cardiovascular training areas.
Where applicable, use the other facilities including pool, steam, sauna and other Relaxation Zone facilities.
Where applicable, use squash, tennis and volleyball facilities. Additional fees may apply.
There are variations in the facilities and services provided at different Goodlife Clubs. To ascertain exactly what a particular Club provides in addition to the above entitlements, please enquire at the Club directly. There may be additional fees charged to access these facilities and services.
Goodlife reserves the right to make changes to:
exercise equipment supplied in any of its Clubs at any time or
the Group Fitness timetable at any time (i.e. alter class type, times and instructors).
MEMBERSHIP OBLIGATIONS
Membership at Goodlife Health Clubs requires you to:
Advise Goodlife of any changes to your contact details.
Comply with all Conditions of Entry (see in Club signage) and the guidelines in this agreement.
Pay all agreed fees, ensure sufficient funds are available to cover all fees and advise us in advance if your bank account or credit card is closed or changed.
Inform us in advance if there are any risks to your health if you participate in fitness services and if required seek approval from your Doctor or General Practitioner. Cancel direct debit facilities in respect of your membership when this agreement expires or is terminated.
SPECIAL CONDITIONS FOR CERTAIN MEMBERSHIP TYPES
If there are special conditions or benefits relating to your membership type, these will be either attached to your membership contract and/or displayed on the website and form part of your membership agreement.
If your membership entitles you to Free Time, you will not be charged your weekly fees for use of the club during the specified period of Free Time.
OVERDUE FEES & REVOCATION OF MEMBERSHIP ENTITLEMENTS
All entitlements and entry into any Goodlife Health Club is revoked if a member’s account is in arrears in excess of $50.00.
If your automatic direct debit reverses or is returned to us by your financial institution the following process will apply:
Goodlife or DebitSuccess will attempt to contact you about retrying the debit.
If the debit remains outstanding it will be processed within 14 days of the reversal with any reversal along with any late fees that apply.
If you fail to pay us the fees by the due date, we are entitled to refuse you entry to the Club.
If unpaid fees remain outstanding and after attempts by us to rectify the arrears, your membership may be forwarded to a collection agency for further action.(c) Goodlife reserves the right to vary the process set out in this clause 11 by providing you with one month advance written notice of any changes.
CANCELLATION / TERMINATION
A cancellation request should be provided to your club as follows:
During Cooling Off Period:
Your membership is subject to a seven (7) business days cooling off period.
The cooling off period applies to new memberships only and does not apply to membership transfers or renewals.
The cooling off period starts from the date the agreement is entered into (the date the agreement is signed) and ends at close of seven (7) business days later.
Your membership can be cancelled during the cooling off period by contacting your Home Club via the club contact details as listed on the website.
All monies paid will be refunded with the exception of an administration fee of $99 which shall be payable by you if your Goodlife membership card and/or 24.7 access pass or any other merchandise you received on joining are not returned within 7 days of termination of this agreement.
Permanent Sickness or Physical Incapacity:
Goodlife requires a medical certificate stating that you cannot utilise any fitness services or facilities because of your permanent illness or physical incapacity.
Cancellation for any other reason (within Minimum Term):
You may terminate your membership agreement before the expiry of the Minimum Term (or payment amount) if all instalments and fees due up to the date of termination are paid and the relevant cancellation fee is paid in full at time of cancellation request.
The cancellation fee, if more than 6 months remaining on the Minimum Term of the Agreement, is $245 and, if there is less than 6 months remaining on the Minimum Term of the Agreement, is $195 or the amount of the future membership fees payable – whichever is the lesser.
Goodlife requires you to contact your Home Club via the club contact details as listed on the website advising of your cancellation request.
Cancellations after completion of Minimum Term:
Goodlife requires you to contact your Home Club via the club contact details as listed on the website advising of your cancellation request.
There will be a period of notice of 30 days (or in SA - the specified supply period), unless otherwise specified, from the date of cancellation request to the date of termination, during which any payments that fall due must be paid in full.
The notice period will exclude suspension or payment break time applied to your membership.
Any instalments/fees due at the date of termination (including instalments/fees which fall due during the notice period) will remain a debt owed to and recoverable by Goodlife and/or DebitSuccess.
You shall not consider that your membership agreement has been terminated until such time as this is confirmed in writing to you by DebitSuccess (not more than 14 days after the termination date). Termination of your membership agreement will also terminate the Direct Debit Request Authority.
Ongoing Membership Agreements:
If your contract is designated as an Ongoing Membership on the front page you acknowledge that unless you provide notice of termination of your membership prior to the end of the minimum period your membership fees will continue to be deducted until you give Goodlife 28 days notice of your intent to end your membership.
If your contract is designated as a Fixed Term Membership you acknowledge that it will terminate at the end of the term displayed on the front page of this contract unless you renew prior to that date.
Termination by Goodlife Health Clubs
Goodlife reserves the right to terminate this membership agreement in any of the following circumstances:
You fail to abide by any of the criteria listed in the Conditions of Entry (posted in your Club) or the obligations listed in this agreement; or
If Goodlife reasonably believes that you have engaged in inappropriate conduct; or
The temporary or permanent closure of the club where a suitable replacement club is not available for the membership to transfer; or
To protect the health and safety of you or other members.
NON STAFFED 24 HOUR OPERATION
(Applicable to any member utilising a 24.7 club as listed on the Goodlife Website).
You acknowledge and agree that upon receiving a 24.7 Access Pass you have completed a Goodlife 24.7 safety induction and agreed to abide by the terms and conditions set out in the Goodlife 24.7 waiver or 24.7 Access Policy.
Members under the age of 18yrs are not able to access Goodlife clubs during unstaffed hours.
CCTV
You acknowledge and understand that Closed Circuit Television will be installed within appropriate applications within each club and surrounds as a strategic component for team member, member and contractor safety and crime and misconduct prevention.
You consent to being filmed under CCTV for these purposes and understand that Goodlife will only use and store your image in accordance with its Privacy Statement and CCTV Policy.
TRANSFER OF MEMBERSHIP BY THE MEMBER
You may transfer your membership in the following circumstances at Goodlife’s reasonable discretion:
the membership is a 12 month or greater, direct debit membership; and
the membership is within the Minimum Term; and
the person you are transferring the membership to is a non-member of Goodlife and has not been a member of Goodlife in the past 3 months.
Upon transfer the new member will be required to pay a fee of $99.00 for membership set-up.
Transferees of a membership are subject to the same Goodlife membership terms and conditions as the transferor.
DAMAGE & PERSONAL INJURY
To the extent permitted by law, Goodlife and DebitSuccess excludes any liability to the Member in Agreement, tort, statute or in any other way for any injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by the Member and/or any other person, or for any costs, charges or expenses incurred by the Member, arising from or in connection with this Membership Agreement and/or the services/products provided by Goodlife and/or DebitSuccess, and/or any act or omission of Goodlife and/or DebitSuccess.
SAFETY, MAINTENANCE & SERVICE DEMAND
From time to time Goodlife may be required to make changes to the operation of the premises, these may include:
Changing the operating (or staffed hours in a 24.7 club) hours to suit demand.
Changing the availability of facilities or services within the Club.
Closing off part of the premises or equipment for maintenance or safety reasons.Changing General Conditions of Entry.
Where this occurs Goodlife will provide reasonable notice on the Club notice boards, at reception, the Goodlife website or social media accounts.
POOL USE
Normal pool safety rules apply for the safety and convenience of all users, with full details posted on each Club’s pool deck.
Pool areas are not supervised and use of these facilities is at your own risk.
For your own safety, the Pool/Spa and relaxation zones cannot be accessed during unstaffed hours in a 24.7 club.
MEMBERSHIP FREEZE
A membership freeze (suspension of payments) may be possible under the terms of your Membership Agreement. Payments may be frozen for a minimum of 2 weeks at a time for whatever reason so long as the total time frozen within 12 months does not exceed 4 weeks. You must first need to contact DebitSuccess at least 3 days prior to the date of the first frozen payment due date. The period of any membership freeze will be added to its Minimum Term so that the sum of the instalments payable for the Minimum Term shall remain the same regardless of any membership freeze.
If your membership type provides for a free membership freeze, no fee shall apply for the period of the membership freeze. After that period of free membership freeze, any additional freeze shall be charged at a cost of $5.00 per week.
If your membership type do not provide for free membership freeze, here is a charge of $5.00 per week while the Membership Agreement is frozen.
If your membership is frozen, your club access and other membership entitlements are also frozen until such time as you remove your membership freeze.
PAYMENTS BY DIRECT DEBIT
If paying by Direct Debit:
the Member agrees to pay the instalment amount at the agreed payment frequency until this Agreement is terminated in accordance with clause 13.
Should there be any arrears in payments the Member authorises DebitSuccess to debit the outstanding balance in order to bring the account up to date.
PRIVACY
Your “personal information” (as that term is defined in the Privacy Act 1988 (Cth)) will only be used by Goodlife or DebitSuccess in accordance with the provision of their Privacy Statements.
DebitSuccess’ Privacy Statement can be obtained from its website www.debitsuccess.com.
Goodlife’s Privacy Statement can be obtained from its website www.goodlife.com.au.
DEBT COLLECTION AGENCIES
If paying by Direct Debit, upon default by you in regard to any obligation under this Agreement and failure to remedy the default after notification by DebitSuccess:
you authorise DebitSuccess to notify any debt collection agency of the default;
DebitSuccess may, at its sole discretion, terminate the membership agreement at which time the full outstanding balance for the remainder of the Minimum Term or payments (including any current arrears) shall be due in full; and
you authorise DebitSuccess to add to the outstanding debt a fee of $50 and an amount equivalent to 25% of the full outstanding balance (being DebitSuccess’ expenses reasonably incurred in collecting the debt) upon initial referral to the debt collection/credit reporting agency.
QUARTERLY COACHING SESSION
All memberships (other than Red Label) are eligible to receive one quarterly coaching session with a Goodlife fitness professional nominated by Goodlife.
The quarterly coaching session shall be conducted in one 30 - 45 minute appointment and is subject to the availability of the fitness professional.
A quarterly fee may apply if specified in your membership Special Conditions.
If a quarterly fee is payable:
this will be charged by direct debit once per quarter (if on a direct debit payment schedule), or included in your total upfront payment if you have a paid in full membership;it is non refundable.
The full inclusion details and terms are as set out in the Special Conditions on the Goodlife website.
ENTIRE AGREEMENT
This Agreement and its Annexures, the DDR Service Agreement (if paying by Direct Debit), and any Special Terms & Conditions listed on the website constitute the entire agreement, understanding and arrangement (express and implied) between the Member, Goodlife and DebitSuccess relating to the subject matter of this Agreement and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.
The issuer of the billing service is Debitsuccess Pty Ltd (ABN 32 095 551 581). Debitsuccess is an Authorised Representative (AR 407894) of Transaction Services Holdings Limited (AFSL 338256).
ANNEXURE A - STATE SPECIFIC CLAUSES
SOUTH AUSTRALIA
The following definitions and terms apply to South Australian Memberships only:
If Periodic Agreement: the membership will continue until terminated by you or by Goodlife.
If Fixed Term Agreement: the membership is for a fixed term only and if further membership periods are required a new agreement will be required.
Supply Period: the supply period for supply of goods and services is a minimum of 2 weeks.
Please cancel any direct debit authorisation for payments under this agreement for:
Periodic Agreement: upon termination of the agreement; or
Fixed Term Agreement: either at the end of the fixed term or on earlier termination.
Clause 10(b) relating to Free Time shall be read as follows:
For South Australian members, if your membership entitles you to Free Time, you will not be charged membership fees and the Free Time shall be included in your membership term, such term not to exceed 12 months in total.
VICTORIA
Clause 14: Warning under the Fair Trading Act 1999
If you participate in these activities your rights to sue the supplier under the Fair Trading Act 1999 if you are killed or injured because the activities were not supplied with due care and skill or were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in or on this notice/appointment. NOTE: The change to your rights, as set out in or on this notice, does not apply if your death or injury is due to gross negligence on the supplier’s part. “Gross negligence” is defined in the Fair Trading (Recreational Services) Regulations2004.
Under the provisions of the Fair Trading Act 1999 several conditions are implied into Membership Agreements for the supply of certain goods and services. These conditions mean that the supplier named on this form is required to ensure that the recreational services it supplies to you are
rendered with due care and skill; and
as fit for the purpose for which they are commonly bought as it is reasonable to expect in the circumstances; and
reasonably fit for any particular purpose or might reasonably be expected to achieve any result you have made known to the supplier.
Under section 32N of the Fair Trading Act 1999, the supplier is entitled to ask you to agree that these conditions do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Fair Trading Act 1999 if you are killed or injured because the services were not rendered with due care and skill or they were not reasonably fit for their purpose, 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” is defined in the Fair Trading Recreational Services) Regulations 2004.
WESTERN AUSTRALIA
This agreement is subject to a 48 hour cooling off period, however in line with clause 12(a) Goodlife Health Clubs offers a 10 day cooling off period.
Clause 12(e) is presented as follows:
In accordance with Clause 12, the Member may terminate this Agreement before the expiry of the Minimum Term or payments only if all the instalments and fees due up to the date of the expiry of the Minimum Term are paid. After the expiry of the Minimum Term or payments, and after all instalments and fees due have been paid in full, should the box on the front of this Agreement requesting termination at Minimum Term be marked then this Agreement shall automatically terminate.
Should the box on the front of this Agreement requesting termination after the Minimum Term not be marked, then this is an ongoing membership agreement. The Agreement will continue until either you or the supplier terminates it in the way described in the Agreement. If an automatic debit arrangement is in place, membership fees will continue to be debited from your credit card or account until you or your fitness centre cancels the arrangement by notifying your bank or credit provider. If you terminate the Agreement or stop the automatic debit arrangement in a manner not described in the Agreement, then you may be liable to the fitness centre for damages for breach of contract.
Any instalments/fees due at the date of termination (including instalments/fees which fall due during the notice period) will remain a debt owed to and recoverable by Goodlife and/or DebitSuccess. The Member shall not consider that this Agreement has been terminated until such time as this is confirmed in writing to the Member by DebitSuccess (not more than 14 days after the termination date). Termination of this Agreement will also terminate the Direct Debit Request Authority.
ANNEXURE B - DIRECT DEBIT REQUEST (DDR) TERMS AND CONDITIONS
INITIAL TERMS
DebitSuccess will debit your nominated account for the amounts and at the frequency of payments as agreed between us on the DebitSuccess DDR Membership Agreement signed and accepted by you.
CHANGE OF TERMS
In the unlikely event that the initial terms are to change, they can only do so in accordance with your Contract and we must give you at least 14 days’ notice of the changes including if applicable the new amount, new frequency and next debit date.
DEFERRING OR STOPPING A PAYMENT
Should you wish to defer a payment to another date you must contact DebitSuccess before the date of that payment to request the deferment. Deferments are entirely at the discretion of DebitSuccess and will depend on the length of deferment, the current state of your account and your past history. You may request us to stop an individual payment however you will still be liable to make this payment by some other method or your account will become Overdue
ALTERING THE SCHEDULE
Should you wish to alter the payment frequency or Day to Debit contact DebitSuccess and at our discretion in most instances we will be able to make the changes you require. There may be a fee charged for this service (details of any fees payable can be obtained by contacting DebitSuccess on 1-800 040 576). Any changes made will not affect the total amount you would otherwise have paid over the Minimum Term of your Contract.
SUSPENDING THE PAYMENTS
Suspension of payments may be possible under the terms of your Membership Agreement. Payments may be suspended for a minimum of 2 weeks at a time so long as the total time suspended within 12 months does not exceed 4 weeks. In order to suspend payments you should contact DebitSuccess at least 3 days prior to the date of the first suspended payment. There is a charge of $5.00 per week while the Membership Agreement is suspended unless a different fee is specified on the front of this Contract. Any time spent on suspension will be added onto the Minimum Term of the Membership Agreement so that the sum of the instalments payable for the Minimum Term or number of payments shall still be payable regardless of any suspension or suspension charges made.
CANCELLING THE PAYMENTS
You can cancel this Direct Debit Request Authority by requesting this of DebitSuccess or your bank. Cancellation of the authority to debit your account will not terminate this Membership Agreement or remove your liability to make the payments you have agreed to.
DISPUTES
If you dispute any debit payment, you must notify DebitSuccess immediately. DebitSuccess will respond to your dispute within 7 working days and will immediately refund the amount of the debit if we are not able to substantiate the reason for it. If you do not receive a satisfactory response from us to your dispute contact your financial institution who will respond to you with an answer to your claim within 5 business days if your claim is lodged within 12 months of the disputed drawing, or within 30 business days if your claim is lodged after 12 months from the disputed drawing.
NON-WORKING DAY
When the day to debit falls on a weekend or public holiday the debit will be initiated on the next working day.
DISHONOURED PAYMENTS
It is your responsibility to ensure that on the due date clear funds are available in your nominated account to meet the direct debit payment. Should your payment be dishonored DebitSuccess will debit you an additional $10 with your next payment and may, if we have not received instructions to the contrary from you, debit both the current due payment and the now overdue payment(s) on the same day. DebitSuccess may debit other fees or costs involved with debt collection in accordance with the terms and conditions of the Contract (refer to clause 18 Debt Collection Agencies).
ENQUIRIES
All enquiries should be directed to DebitSuccess and should be made at least 1 working day prior to the next scheduled debit date.
YOUR OTHER RESPONSIBILITIES
In addition to those already mentioned, you are responsible for ensuring that your nominated account is able to accept direct debits. If it is not, it is your responsibility to provide DebitSuccess with a new account number.
ANNEXURE C - SPECIAL CONDITIONS FOR PLATINUM MEMBERSHIPS
These Special Conditions form part of the General Membership Terms & Conditions between Goodlife Operations Pty Limited (A.B.N. 59120953200) and Platinum members who joined from 1 July 2019 and together constitute your membership agreement.By signing your membership agreement and accessing the benefits of your Platinum membership, you agree to the Special Conditions contained in this document.To the extent of any inconsistency with the General Membership Terms & Conditions, the terms of these Special Conditions shall prevail.
GUEST PASS
Members with Platinum Membership may bring a guest to train at the Club for free on Friday, Saturday and Sunday during staffed hours only (“Guest Pass Access Hours”).
Members may bring a maximum of 1 guest visit per day during Guest Pass Access Hours.
Member can bring one different guest for each free visit.
Guests must be accompanied by member to gain access to the club.
Prior to accessing the club, the guest must:
Provide proof of photo identification and sign the guest register;
Provide name, age, address and phone number/email address;
Read, understand and agree to any terms of entry and club conduct; and
Read, understand and agree to any waiver and indemnity required by the Promoter.
Guests cannot have been a member of Goodlife Health Clubs (including previous brands Goodlife have acquired) for the past twelve (12) months.
The guest can only access and use the Club and its facilities in accordance with the Goodlife age policy which restricts access and usage of certain equipment to minors. The Goodlife age policy can be found at www.goodlife.com.au.
The guest only receives access to non-paid services (including gym floor and group fitness) and all paid services are excluded. Paid services include but are not limited to; Arena Championship Series, Arena Fit Series, Arena Academy, Yoga Box and Small Group Training, Personal Training, 12 week Challenges, Bootcamps, or HYPOXI.
Where Clubs have 24hr operations, guests can only access the club during staffed hours as notified on the Goodlife website.
CHALLENGE VOUCHERS
Platinum members are granted 2 x $25 vouchers for Goodlife fitness and weight loss challenges, including but not limited to the 12 Week Challenge 8 Week Challenge (Challenge).
Only one (1) voucher can be used per Challenge.
Challenge vouchers are transferable to another Goodlife member.
Challenge vouchers must be applied to the full price entry rate cannot be applied to any Early Bird or other discounted rate.
Challenge vouchers are not redeemable for cash or any other form of account credit or discount and are valid only during the membership term
RED LABEL MEMBERSHIP VOUCHERS
Platinum members are granted 2 x $100 Red Label membership vouchers that entitle up to three (3) of their friends to:
a 21 day Red Label membership to a Club of their choice; or
exchange the Red Label membership for a 10% discount off the RRP of Goodlife membership.. This exchange must occur within the first seven (7) days of the activation by the friend.Only one (1) voucher can be used per friend.
The friend must not have been a member of Goodlife in the last three (3) months.
Red Label membership vouchers are not redeemable for cash or any other form of account credit or discount.
HYPOXI DISCOUNT
Platinum members are eligible for a 10% discount on the RPP of HYPOXI packages of twelve (12) sessions or more.
This offer is only available at HYPOXI studios located in a Club, and only to new HYPOXI clients only.Not to be used in conjunction with any other offer. If the Platinum member schedules any HYPOXI sessions outside of their membership term, they will be required to sign in before accessing the Club.
MEMBERSHIP FREEZE
Platinum members are eligible for four (4) weeks of free membership freeze per year. Thereafter, a membership freeze will cost $5 per week. A freeze will extend the term of the membership by the same period as the freeze.
QUARTERLY COACHING SESSION
Platinum members are entitled to one (1) complimentary quarterly coaching session (QCS) appointment with a Goodlife Fitness Professional, subject to the QCS terms and conditions displayed on the Goodlife website.
Every QCS must be booked within fourteen (14) days of the quarterly-anniversary. Outside of this period, the QCS is void. QCS appointments cannot be saved for use at a later date.
Whilst this offer is available to current customers of a Goodlife Fitness Professional, or those who have previously commenced or completed a Goodlife Fitness Professional program, the QCS will be subject to availability and Goodlife will nominate a Fitness Professional to conduct the appointment.
ANNEXURE D - SPECIAL CONDITIONS FOR BLACK LABEL MEMBERSHIPS
These Special Conditions form part of the General Membership Terms & Conditions between Goodlife Operations Pty Limited (A.B.N. 59120953200) and Black Label members who joined from 1 July 2019 and together constitute your membership agreement.By signing your membership agreement and accessing the benefits of your Black Label membership, you agree to the Special Conditions contained in this document.
To the extent of any inconsistency with the General Membership Terms & Conditions, the terms of these Special Conditions shall prevail.
GUEST PASS
Members with Black Label Membership are entitled to bring a guest to train for free on Friday, Saturday and Sunday during staffed hours only (“Guest Pass Access Hours”).
Members may bring a maximum of one (1) guest per day during Guest Pass Access Hours.
Members can bring one (1) different guest for each free visit.
Any guests must be accompanied by the member to gain access to the club.Prior to accessing the club, the guest must:
Provide proof of photo identification and sign the guest register;
Provide their name, age, address and phone number/email address;
Read, understand and agree to any terms of entry and club conduct; and
Read, understand and agree to any waiver and indemnity required by the Promoter.
Guests cannot have been a member of Goodlife Health Clubs (including previous brands Goodlife have acquired) for the past three (3) months.
The Guest can only access and use the club and its facilities in accordance with the Goodlife age policy which restricts access and usage of certain equipment to minors. The Goodlife age policy can be found at www.goodlife.com.au.
The Guest only receives access to non-paid services (including gym floor and group fitness) and all paid services are excluded. Paid services include but are not limited to; Arena Championship Series, Arena Fit Series, Arena Academy, Yoga Box and Small Group Training, Personal Training, 12 week Challenges, Bootcamps, or HYPOXI.
CHALLENGE VOUCHERS
Black Label members are granted 4 x $25 vouchers for Goodlife fitness and weight loss challenges, including but not limited to the 12 Week Challenge 8 Week Challenge (Challenge).
Only one (1) voucher can be used per Challenge.
Challenge vouchers are transferrable and can be transferred to another current Goodlife member.
Challenge vouchers must be applied to the full price entry rate cannot be applied to any Early Bird or other discounted rate.
Challenge vouchers are not redeemable for cash or any other form of account credit or discount and are valid only during the membership term.
RED LABEL MEMBERSHIP VOUCHERS
Black Label members are granted 4 x $100 Red Label membership vouchers that entitle up to four (4) of their friends to:
a 21 day Red Label membership to a Goodlife club of their choice; or
exchange the Red Label membership for a 10% discount off the RRP of the Goodlife membership of their choice. This exchange must occur within the first seven (7) days of the activation by the friend.
Only one (1) voucher can be used per friend. The friend must not have been a member of Goodlife in the last three (3) months.
Red Label membership vouchers are not redeemable for cash or any other form of account credit or discount.
HYPOXI DISCOUNT
All Black Label members are eligible for a 10% discount on the RRP of HYPOXI packages of twelve (12) sessions or more. This offer is only valid at HYPOXI studios located in a Club and only to new HYPOXI clients. Not to be used in conjunction with any other offer. If the Black Label member schedules any HYPOXI sessions outside of their membership term, they will be required to sign in before accessing the Club.
MEMBERSHIP FREEZE
Black Label members are eligible for four (4) weeks of free membership freeze per year. Thereafter, a membership freeze will cost $5 per week. A freeze will extend the term of the membership.
QUARTERLY COACHING SESSION
Black Label members are entitled to one (1) complimentary quarterly coaching session (QCS) with a Goodlife Fitness Professional, subject the QCS terms and conditions displayed on the Goodlife website.
Every QCS must be booked within fourteen (14) days of the quarterly-anniversary. Outside of this period, the QCS is void. QCS appointments cannot be saved for use at a later date.
Whilst this offer is available to current customers of a Goodlife Fitness Professional, or those who have previously commenced or completed a Goodlife Fitness Professional program, the QCS will be subject to availability and Goodlife will nominate a Fitness Professional to conduct the appointment.
ARENA AND YOGA BOX ACCESS
Black Label members have unlimited access to exclusive additional group fitness classes conducted by Arena Championship Series, Arena Fit Series, and Yoga Box throughout the term of their Black Label membership only.
ARENA ACCESS & CODE OF CONDUCT
Members must abide by the Goodlife and Arena general terms and conditions including, but not limited to, not wearing shoes in the Arena studio, spraying feet upon entry into the Arena studio and bringing a towel, wraps and boxing gloves to all workouts. Arena Academy participants will be required to provide their own equipment that may include but not limited to mouth guard, shin pads, gloves and Gi.
Access to Arena is strictly for Black Label members only and when accompanied by a staff member. Access to the Fit Series area whilst reserved for a class is strictly for Fit Series or Black Label members only and when accompanied by a staff member.
Arena Championship Series and Fit Series classes must be booked through the specified booking system, otherwise the member may not be permitted to participate in the Arena Championship Series or Fit Series class.
ANNEXURE E - SPECIAL CONDITIONS FOR FIT SERIES ACCESS MEMBERSHIPS
These Special Conditions form part of the General Membership Terms & Conditions between Goodlife Operations Pty Limited (A.B.N. 59120953200) and Fit Series Access members who joined from 1 July 2019 and together constitute your membership agreement.
By signing your membership agreement and accessing the benefits of your Fit Series Access membership, you agree to the Special Conditions contained in this document.To the extent of any inconsistency with the General Membership Terms & Conditions, the terms of these Special Conditions shall prevail.
GUEST PASS
Members with Fit Series Access Membership are entitled to bring a guest to train for free on Friday, Saturday and Sunday during staffed hours only (“Guest Pass Access Hours”).
Members may bring a maximum of one (1) guest per day during Guest Pass Access Hours.
Members can bring one (1) different guest for each free visit.
Any guests must be accompanied by the member to gain access to the club.Prior to accessing the club, the guest must:
Provide proof of photo identification and sign the guest register;
Provide their name, age, address and phone number/email address;
Read, understand and agree to any terms of entry and club conduct; and
Read, understand and agree to any waiver and indemnity required by the Promoter.Guests cannot have been a member of Goodlife Health Clubs (including previous brands Goodlife have acquired) for the past three (3) months.
The Guest can only access and use the club and its facilities in accordance with the Goodlife age policy which restricts access and usage of certain equipment to minors.
The Goodlife age policy can be found at www.goodlife.com.au.
The Guest only receives access to non-paid services (including gym floor and group fitness) and all Paid Services are excluded. Paid Services include but are not limited to; Arena Championship Series, Arena Fit Series, Arena Academy, Yoga Box and Small Group Training, Personal Training, 12 week Challenges, Bootcamps, or HYPOXI.
CHALLENGE VOUCHERS
Fit Series Access members are granted 4 x $25 vouchers for Goodlife fitness and weight loss challenges, including but not limited to the 12 Week Challenge 8 Week Challenge (Challenge).
Only one (1) voucher can be used per Challenge.
Challenge vouchers are transferrable and can be transferred to another current Goodlife member.
Challenge vouchers must be applied to the full price entry rate cannot be applied to any Early Bird or other discounted rate.
Challenge vouchers are not redeemable for cash or any other form of account credit or discount and are valid only during the membership term.
RED LABEL MEMBERSHIP VOUCHERS
Fit Series Access members are granted 4 x $100 Red Label membership vouchers that entitle up to four (4) of their friends to:
a 21 day Red Label membership to a Goodlife club of their choice; or
exchange the Red Label membership for a 10% discount off the RRP of the Goodlife membership of their choice. This exchange must occur within the first seven (7) days of the activation by the friend.
Only one (1) voucher can be used per friend. The friend must not have been a member of Goodlife in the last three (3) months.
Red Label membership vouchers are not redeemable for cash or any other form of account credit or discount.
HYPOXI DISCOUNT
All Fit Series Access members are eligible for a 10% discount on the RRP of HYPOXI packages of twelve (12) sessions or more. This offer is only valid at HYPOXI studios located in a Club and only to new HYPOXI clients. Not to be used in conjunction with any other offer. If the Fit Series Access member schedules any HYPOXI sessions outside of their membership term, they will be required to sign in before accessing the Club.
MEMBERSHIP FREEZE
Fit Series Access members are eligible for four (4) weeks of free membership freeze per year. Thereafter, a membership freeze will cost $5 per week. A freeze will extend the term of the membership.
QUARTERLY COACHING SESSION
Fit Series Access members are entitled to one (1) complimentary quarterly coaching session (QCS) with a Goodlife Fitness Professional, subject the QCS terms and conditions displayed on the Goodlife website.
Every QCS must be booked within fourteen (14) days of the quarterly-anniversary. Outside of this period, the QCS is void. QCS appointments cannot be saved for use at a later date.
Whilst this offer is available to current customers of a Goodlife Fitness Professional, or those who have previously commenced or completed a Goodlife Fitness Professional program, the QCS will be subject to availability and Goodlife will nominate a Fitness Professional to conduct the appointment.
ARENA FIT SERIES ACCESS ONLY
Fit Series Access members have unlimited access to exclusive additional group fitness classes conducted by Arena Fit Series at Ashgrove, Coburg, Hindmarsh, Ipswich, Kingsway, Nundah, Taylors Lakes, Holland Park, and Wantirna throughout the term of their Black Label membership only.
Fit Series Access members do not have access to other Paid Services, and for the avoidance of doubt, do not have access to Arena Championship Series or other Arena classes except as set out above.
FIT SERIES ACCESS & CODE OF CONDUCT
Members must abide by the Goodlife and Arena general terms and conditions including, but not limited to, wearing shoes in the Fit Series area, bringing a towel, wraps and boxing gloves to all workouts.
Access to the Fit Series area whilst reserved for a class is strictly for Fit Series or Black Label members only and when accompanied by a staff member.
Fit Series classes must be booked through the specified booking system, otherwise the member may not be permitted to participate in the Fit Series class.
Summary
This policy outlines the permitted membership, access/club entry, equipment usage and program participation provisions for underage members or minors.
Definitions
Contractor: Including but not limited to; Exercise Professionals/Personal Trainers/Allied Health Professionals/ABN Rental Trainers. Legal Guardian: The person legally recognised as the primary caretaker of the minor (if not the parent of the minor). Minor: A member, casual visitor or guest under the age of 18. For the purposes of Table 1.1, ‘minor’ is in reference to the age range stipulated in applicable line of the table. Team Member: A person who is employed by Goodlife Operations Pty Ltd under a Contract of Employment.
Application
What is the Policy?
The following policies are to be followed at all times when allowing an underage person access to the club:
Membership is permitted only with the consent and signature of the minor’s parent/legal guardian on all membership contracts, pre-exercise questionnaires, guarantor forms and waivers.
If a minor wishes to redeem a free trial pass, casual visit, guest pass or the like, a full pre-exercise questionnaire and waiver must be completed and signed by the minor’s parent/legal guardian before entry to the club will be granted, and access / usage conditions are as set out in this policy.
A photograph of the minor must be taken and attached to their account for identification purposes.
Access is only permitted during staffed hours and permitted equipment use and class participation is set out in the table below.
A face to face induction with the Fitness Director or certified Team Member must be undertaken prior to any permitted use of the club facilities. The minor cannot opt out of the induction, and the minor’s parent/guardian must be in attendance for the entire induction.
Participation in programs developed for minors including Arena Academy, Kids Fitness, Swimming, Dance is subject to age and supervision policy of each specific program.
Pool usage and other recreational facilities will be governed by the club specific policy available on site relating to that pool or recreational facility.
Membership approval for age 13 and under must be approved in writing by GM Operations, GM Fitness or National Safety Manager.
Minor Usage & Access Requirements
Access Staffed hours and directly accompanied by an exercise professional
Cardio If prescribed by a medical or exercise professional and under their direct supervision
Weights If prescribed by a medical or exercise professional and under their direct supervision
Access Staffed hours and directly accompanied by a parent, legal guardian or exercise professional
Cardio Yes
Weights Yes, under the direct supervision of an exercise professional
Group Fitness Yes, excluding any weight bearing classes
Access Staffed hours only, however the minor may access the club independently during these hours.
Cardio Yes
Weights Yes, limited to pin-loaded strength equipment only
Group Fitness Yes, excluding any weight bearing classes
Arena Yes
HYPOXI Yes
Challenges Yes, excluding Fitter Faster Stronger and subject to the age and supervision policy of each specific Challenge
Kubofit Workout Plans No
Access Staffed hours only, however the minor may access the club independently during these hours.
Cardio Yes
Weights Yes
Group Fitness Yes
Arena Yes
HYPOXI Yes
Challenges Yes, subject to the age and supervision policy of each specific Challenge
Kubofit Workout Plans No
Access Adult access applies.
Cardio Yes
Weights Yes
Group Fitness Yes
Arena Yes
HYPOXI Yes
Challenges Yes
Kubofit Workout Plans No
These Special Conditions form part of the General Membership Terms & Conditions between Goodlife Operations Pty Limited (A.B.N. 59120953200) and Black Label members who joined from 1 July 2019 and together constitute your membership agreement.
By signing your membership agreement and accessing the benefits of your Black Label membership, you agree to the Special Conditions contained in this document. To the extent of any inconsistency with the General Membership Terms & Conditions, the terms of these Special Conditions shall prevail.
ARENA AND YOGA BOX ACCESS Black Label members have unlimited access to exclusive additional group fitness classes conducted by Arena Championship Series, Arena Fit Series, Arena Academy, and Yoga Box throughout the term of their Black Label membership only.
ARENA ACCESS & CODE OF CONDUCT Members must abide by the Goodlife and Arena general terms and conditions including, but not limited to, not wearing shoes in the Arena studio, spraying feet upon entry into the Arena studio and bringing a towel, wraps and boxing gloves to all workouts. Arena Academy participants will be required to provide their own equipment that may include but not limited to mouth guard, shin pads, gloves and Gi.
Access to Arena is strictly for Black Label members only and when accompanied by a staff member. Access to the Fit Series area whilst reserved for a class is strictly for Fit Series or Black Label members only and when accompanied by a staff member.
Arena Championship Series and Fit Series classes must be booked through the booking system on the Arena website, otherwise the member may not be permitted to participate in the Arena Championship Series or Fit Series class.
GUEST PASS Members with Black Label Membership are entitled to bring a guest to train for free on Friday, Saturday and Sunday during staffed hours only (“Guest Pass Access Hours”). Members may bring a maximum of one (1) guest per day during Guest Pass Access Hours. Members can bring one (1) different guest for each free visit. Any guests must be accompanied by the member to gain access to the club. Prior to accessing the club, the guest must:
Provide proof of photo identification and sign the guest register;
Provide their name, age address and phone number/email address;
Read, understand and agree to any terms of entry and club conduct; and
Read, understand and agree to any waiver and indemnity required by the Promoter
Guests cannot have been a member of Goodlife Health Clubs (including previous brands Goodlife have acquired) for the past three (3) months.
The Guest can only access and use the club and its facilities in accordance with the Goodlife age policy which restricts access and usage of certain equipment to minors.
The Guest only receives access to non-paid sercices (including gym floor and group fitness) and all paid services are excluded. Paid services include but are not limited to; Arena Championship Series, Arena Fit Series, Arena Academy, Yoga Box, and Small Group Training, Personal Training, 12 Week Challenges, Bootcamps, or HYPOXI.
CHALLENGE VOUCHERS Black Label members are granted 4 x $25 vouchers for Goodlife fitness and weight loss challenges, including but not limited to the 12 Week Challenge, and 8 Week Challenge. Only one (1) voucher can be used per challenge.
Challenge vouchers are transferrable and can be transferred to another current Goodlife member.
Challenge vouchers must be applied to the full price entry rate and cannot be applied to any Early Bird or other discounted rate.
Challenge vouchers are not redeemable for cash or any other form of account credit or discount and are valid only during the membership term.
RED LABEL MEMBERSHIP VOUCHERS Black Label memberships are granted 4 x $100 Red Label membership vouchers that entitle up to four (4) of their friends to:
A 21 day Red Label membership to a Goodlife club of their choice; or
Exchange the Red Label membership for a 10% discount off the TTP of the Goodlife membership of their choice. This exchange must occur within the first seven (7) days of the activation by the friend.
Only one (1) voucher can be used per friend. The friend must not have been a member of Goodlife in the last three (3) months. Red Label membership vouchers are not redeemable for cash or any other form of account credit or discount.
HYPOXI DISCOUNT All Black Label members are eligible for a 10% discount on the RRP of Hypoxi packages of twelve (12) sessions or more.
This offer is only valid at HYPOXI studios located in a Club and only to new HYPOXI clients. Not to be used in conjunction with any other offer. If the Black Label member schedules any HYPOXI sessions outside of their membership term, they will be required to sign in before accessing the Club.
MEMBERSHIP FREEZE Black Label members are entitled to one (1) complimentary quarterly coaching session (QCS) with a Goodlife Fitness Professional, subject to the QCS terms and conditions displayed on the Goodlife website.
Every QCS must be booked within fourteen (14) days of the quarterly-anniversary. Outside of this period, the QCS is void. QCS appointments cannot be saved for use at a later date.
Whilst this offer is available to current customers of a Goodlife Fitness Professional, or those who have previously commenced or completed a Goodife Fitness Professional program, the QCS will be subject to availability and Goodlife will nominate a Fitness Professional to conduct the appointment.
ACTIVATE SESSION Upon payment if a $99 start-up fee, Black Label members are eligible for an initial 45 minute consultation with a Goodlife Fitness Professional. Activate sessions must be booked within 14 days of the commencement of the membership.
INDEMNITY The Promoter or the Participating Outlets shall not be liable for any claim, loss or damage whatsoever which is suffered (including but is not limited to indirect or consequential loss) or for personal injury which is suffered or sustained, except for any liability which cannot be excluded by law and the member indemnifies the Promoter and the Participating Outlet in relation to any claim, loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury which is suffered or sustained.
Goodlife Health Clubs (ABN 59120953200) ("Goodlife") is offering 2 x sessions with a Goodlife Fitness Professional for $49 (subject to any further promotions which Goodlife may run from time to time) ("Jumpstart Package"). Limit of one Jumpstart Package redeemable per member. Jumpstart Package is not available to existing customers of a Goodlife Fitness Professional in Queensland, South Australia, Western Australia and/or Victoria. Jumpstart Package includes 2 x 30 minute sessions with a Goodlife Fitness Professional. The first session will include a health and fitness consultation to get an overview of the member's fitness goals. The member must ensure that the first session occurs within 7-days of purchase. The member must ensure that the second session occurs within 30-days of purchase. After this period, the sessions expire. Sessions are subject to availability. Goodlife will nominate a Fitness Professional to conduct sessions, and this may change in the event the nominated Goodlife Fitness Professional is not available. Booked sessions cannot be cancelled or rescheduled, unless at least 24 hours prior notice is given directly to the Goodlife Fitness Professional. Failure to give at least 24 hours notice of non-attendance to the Goodlife Fitness Professional means the session will be forfeited. The Jumpstart Package is non-refundable. It may be transferred to any eligible member subject to Goodlife's sole discretion. No Administration Fee applies. Goodlife shall not be liable for any claim, loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for personal injury which is suffered or sustained, except for any liability which cannot be excluded by law and the member indemnifies Goodlife in relation to any claim, loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury which is suffered or sustained.
Limit of one Kickstart package per member.
This offer is not available to current customers of a Goodlife Fitness Professional or those who have previously commenced or completed a Kickstart program.
The total Kickstart cost covers 3 x 45 minute appointments with a Goodlife Fitness Professional. The first session will include a health and fitness consultation to get an overview of your fitness goals.
No Administration Fee applies.
The first appointment must be booked within 14-days of purchase. The third appointment must be completed within 30-days of purchase. After this period, the offer is void.
Appointments will be subject to availability and Goodlife will nominate a Fitness Professional to conduct sessions. This is subject to change in the event the nominated Goodlife Fitness Professional is not available.
As part of the motivation to exercise strategy; booked appointments cannot be cancelled or rescheduled, unless direct notice is given to the Goodlife Fitness Professional. Failure to give at least 24 hours notice of non-attendance will render the appointment fulfilled.
Kickstart purchases cannot be refunded under any circumstances. They may be transferred to any eligible customer within the required time-frame.
The Promoter or the Participating Outlets shall not be liable for any claim, loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for personal injury which is suffered or sustained, except for any liability which cannot be excluded by law and the user of the pass indemnifies the Promoter and the Participating Outlet in relation to any claim, loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury which is suffered or sustained.
The Promoter is Goodlife Health Clubs, A.B.N. 59120953200.
1 x Appointment with a Goodlife Fitness Professional
Limit of one appointment per participating member, per 3-month window.
Whilst this offer is available to current customers of a Goodlife Fitness Professional, or those who have previously commenced or completed a Goodlife Fitness Professional program: the Quarterly Coaching (QC) appointments will be subject to availability and Goodlife will nominate a Fitness Professional to conduct the appointment. This is subject to change in the event the nominated Goodlife Fitness Professional is not available.
The QC appointment covers a 1 x 30-45 minute appointment with a Goodlife Fitness Professional. Quarterly Coaching is a training review of what training has been effective and what hasn’t; followed by some on-the-gym-floor movement coaching to ensure the member exercises in the safest (injury avoiding) and effective (result proven) ways relative to their goals.
A QC-fee will or will-not apply in accordance with your membership type. Not all membership types include a QC appointment.
Every appointment must be booked within 14-days of the quarterly-anniversary. Outside of this period, the QC is void. QC appointments cannot be saved for use at a later date.
As part of the motivation to exercise strategy; booked appointments cannot be cancelled or rescheduled. Failure to give at least 24 hours notice of non-attendance will render the appointment fulfilled.
QC-fee cannot be refunded under any circumstances. The QC appointment may be transferred to any eligible customer within the required time-frame, via management approval.
The Promoter or the Participating Outlets shall not be liable for any claim, loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for personal injury which is suffered or sustained, except for any liability which cannot be excluded by law and the user of the pass indemnifies the Promoter and the
Participating Outlet in relation to any claim, loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury which is suffered or sustained.
The Promoter is Goodlife Health Clubs, A.B.N. 59120953200.
These Special Conditions form part of the General Membership Terms & Conditions between Goodlife Operations Pty Limited (A.B.N. 59120953200) and Red Label Friend Members who access the Club from 1 July 2019 and together constitute your membership agreement.
By accessing the benefits of your Red Label Friend membership, you agree to the Special Conditions contained in this document.
To the extent of any inconsistency with the General Membership Terms & Conditions, the terms of these Special Conditions shall prevail.
To be eligible for a Red Label Friend membership, you must not have had a previous Red Label membership. You also must not have been a member of Goodlife for three (3) months prior to activating your Red Label Friend membership and you must live or work within a 20km radius of the Club.
Prior to accessing the Club you must:
Provide the original Red Label membership voucher and the name of the member who provided the voucher to you;
Provide proof of photo identification;
Provide your name, age, address and phone number/email address;
Read, understand and agree to any terms of entry and club conduct; and
Read, understand and agree to any waiver and indemnity required by Goodlife.
A Red Label Friend membership can only be used in accordance with the Goodlife Age Policy which restricts access and usage of certain equipment to minors. The Age Policy can be found at www.goodlife.com.au.
The Red Label Friend membership allows access to the selected club during staffed hours only. The Red Label membership includes basic club access only including group fitness, weights and cardio (subject to the Goodlife Age Policy). Unless expressly stated on the Red Label Friend membership, the Red Label membership does not include any additional products or services such as personal training, specialist programs such as the 12 Week Challenge, child minding, swimming pool, Arena, Fit Series or HYPOXI.
Once activated the Red Label Friend Membership is valid from the first visit date of use of the Red Label Friend membership and must be used on consecutive days. The Red Label Friend membership is valid only at the club selected at the time of registering for the Red Label Friend membership.
You acknowledge that Goodlife shall not be liable for any claim, loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for personal injury which is suffered or sustained, except for any liability which cannot be excluded by law and the user of the Goodlife Red Label Friend membership indemnifies Goodlife and the club in relation to any claim, loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury which is suffered or sustained.
The Red Label Friend membership must be activated before the expiry date on the Red Label Friend membership voucher or via the redemption card, and once activated is valid from the first visit date of use of the Red Label Friend membership and must be used on consecutive days for a 21 day term after which it expires. Red Label Friend membership vouchers that are not activated before the expiry date are void and no refunds will be provided. This offer cannot be used in conjunction with any other offer and cannot be redeemed for cash. See www.goodlife.com.au for these details.
You may within the first seven (7) days of your Red Label Friend membership, choose to trade your membership in for a 10% discount on a Platinum or Black Label membership. This will terminate your Red Label Friend membership and you will be unable to use your Red Label Friend membership for the remaining period.
The Promoter is conducting the promotion in selected Goodlife Health Clubs in QUEENSLAND, VICTORIA, SOUTH AUSTRALIA, WESTERN AUSTRALIA ("Participating Outlets").
Members that receive the Birthday Buddy Pass can bring a guest for free for 10 days from the day they receive the email.
The guest can be a different person per day (maximum one per day) for the duration of the pass however they must accompany the member and it must be during staffed hours only.
Guests must be accompanied by member to gain access to the club. Prior to accessing the club, the guest must:\
Provide proof of photo identification and sign the guest register;
Provide name, age, address and phone number/email address;
Read, understand and agree to any terms of entry and club conduct; and
Read, understand and agree to any waiver and indemnity required by the Promoter.
Guests cannot have been a member of Goodlife Health Clubs (including previous brands Goodlife have acquired) for the past twelve (12) months.
The guest can only access and use the Club and its facilities in accordance with the Goodlife age policy which restricts access and usage of certain equipment to minors. The Goodlife age policy can be found at www.goodlife.com.au.
The guest only receives access to non-paid services (including gym floor and group fitness) and all paid services are excluded. Paid services include but are not limited to; Arena Championship Series, Arena Fit Series, Arena Academy, Yoga Box and Small Group Training, Personal Training, 12 week Challenges, Bootcamps, or HYPOXI.
Where Clubs have 24hr operations, guests can only access the club during staffed hours as notified on the Goodlife website.
The Promoter is Goodlife Health Clubs, A.B.N. 59120953200.
The Promoter is conducting the promotion in selected health clubs in QUEENSLAND, VICTORIA, SOUTH AUSTRALIA, WESTERN AUSTRALIA ("Participating Outlets").
The “3 Month Complimentary Membership” offer is limited to one pass per person and valid for first time Goodlife users only.
The pass must be activated before the expiry date on the pass or via the redemption card/letter, and once activated is valid for 90 consecutive days.
Passes that are not activated before the expiry date are void.
Users must be at least 18 years of age.
The pass is valid only at the Goodlife Health Club selected at the time of validation (home club).
The pass does not include personal training unless specified otherwise nor does it include specialist programs such as the 12 Week Challenge.
This offer cannot be used in conjunction with any other offer, it cannot be redeemed for cash and it may have age restrictions around the access based on normal Goodlife membership T&C’s. See web-site for these details.
The Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for personal injury which is suffered or sustained, as a result of taking any of the prizes, except for any liability which cannot be excluded by law.
The Promoter is Goodlife Health Clubs, A.B.N. 59120953200.
The Promoter is conducting the promotion in selected health clubs in QUEENSLAND, VICTORIA, SOUTH AUSTRALIA, WESTERN AUSTRALIA ("Participating Outlets").
The “6 Month Complimentary Membership” offer is limited to one pass per person and valid for first time Goodlife users only.
The pass must be activated before the expiry date on the pass or via the redemption card/letter, and once activated is valid for 180 consecutive days.
Passes that are not activated before the expiry date are void.
Users must be at least 18 years of age.
The pass is valid only at the Goodlife Health Club selected at the time of validation (home club).
The pass does not include personal training unless specified otherwise nor does it include specialist programs such as the 12 Week Challenge.
This offer cannot be used in conjunction with any other offer, it cannot be redeemed for cash and it may have age restrictions around the access based on normal Goodlife membership T&C’s. See web-site for these details.
The Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for personal injury which is suffered or sustained, as a result of taking any of the prizes, except for any liability which cannot be excluded by law.
The Promoter is Goodlife Health Clubs, A.B.N. 59120953200.
The Promoter is conducting the promotion in selected health clubs in QUEENSLAND, VICTORIA, SOUTH AUSTRALIA, WESTERN AUSTRALIA ("Participating Outlets").
The “12 Month Complimentary Membership” offer is limited to one pass per person and valid for first time Goodlife users only.
The pass must be activated before the expiry date on the pass or via the redemption card/letter, and once activated is valid for 365 consecutive days.
Passes that are not activated before the expiry date are void.
Users must be at least 18 years of age.
The pass is valid only at the Goodlife Health Club selected at the time of validation (home club).
The pass does not include personal training unless specified otherwise nor does it include specialist programs such as the 12 Week Challenge.
This offer cannot be used in conjunction with any other offer, it cannot be redeemed for cash and it may have age restrictions around the access based on normal Goodlife membership T&C’s. See web-site for these details.
The Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for personal injury which is suffered or sustained, as a result of taking any of the prizes, except for any liability which cannot be excluded by law.
The Promoter is Goodlife Health Clubs, A.B.N. 59120953200.
The Promoter is conducting the promotion in selected Goodlife Health Clubs in QUEENSLAND, VICTORIA, SOUTH AUSTRALIA, WESTERN AUSTRALIA ("Participating Outlets").
A Free Pass refers to a 1, 3, 5, 7, 10, 14, 21 & 28 day free pass or trial pass offered by the Promoter to non-members allowing access to a Participating Outlet in accordance with these terms and conditions.
The “Free Pass” offer is limited to one Free Pass per person and valid for first time Goodlife users only who are non-members. The user must live or work in the local area.
Prior to accessing the Participating Outlet, Free Pass holders must:
Provide proof of photo identification;
Provide name, age, address and phone number/email address;
Read, understand and agree to any terms of entry and club conduct; and
Read, understand and agree to any waiver and indemnity required by the Promoter.
A Free Pass can only be used in accordance with the Goodlife Age Policy which restricts access and usage of certain equipment to minors. The Age Policy can be found at www.goodlife.com.au.
The Free Pass allows access to the selected Participating Outlet during staffed hours only.
The Free Pass must be activated before the expiry date on the Free Pass or via the redemption card/letter, and once activated is valid from the first visit date of use of the Free Pass and must be used consecutive days.
Free Passes that are not activated before the expiry date are void.
The Free Pass is valid only at the Participating Outlet selected at the time of registering for the Free Pass.
The Free Pass includes basic club access only including group fitness, weights and cardio (subject to the Goodlife Age Policy). Unless expressly stated on the Free Pass, a Free Pass does not include any additional products or services such as personal training, specialist programs such as the 12 Week Challenge, child minding, swimming pool, Arena , Fit Series or HYPOXI.
This offer cannot be used in conjunction with any other offer, it cannot be redeemed for cash. See www.goodlife.com.au for these details.
The Promoter or the Participating Outlets shall not be liable for any claim, loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for personal injury which is suffered or sustained, except for any liability which cannot be excluded by law and the user of the Free Pass indemnifies the Promoter and the Participating Outlet in relation to any claim, loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury which is suffered or sustained.
The Promoter is Goodlife Health Clubs, A.B.N. 59120953200.
Price reduction a combination of Initial Licence Fee (previously $1600), and from the first 12x Weekly Rental Payments (previously $1650)
Available to new and unmodified licensees of Goodlife Health Clubs Personal Training
Minimum requirements: Cert. IV Fitness plus current fitness registration, CPR, first aid, relevant insurances, WWC/Bluecard
Start date within 30 days of promotion
Promotion may cease at any time without notice
Goodlife Health Clubs Pty Ltd A.B.N. 59120953200 (the Promoter) is conducting a Always On Referral promotion (the Promotion) in selected health clubs in Queensland, Victoria, South Australia, and. (Participating Outlets).
The Promotion will allow existing members of Participating Outlets to refer a new member to that outlet. Once the referred member joins, both the existing member (Referee) and the new member (Referred Member) will receive two (2) weeks of free membership time.
Under the Promotion, a maximum of six (6) weeks free membership time is available to each participating member (for the avoidance of doubt, a Referee will only be able to refer three (3) new members to redeem six (6) weeks of free membership time).
This Promotion is conditional upon the Referred Member purchasing a membership package at a Participating Outlet during the time of the Promotion.
The Promotion is only available to existing members of the Participating Outlets who have opted-in for marketing campaigns from Goodlife Health Clubs.
Any free membership time that is redeemed under the Promotion will not form part of the Referee or the Referred Members membership time (except for membership packages purchased in Participating Outlets in South Australia). Additionally, the existing membership agreement term will be extended by the free membership time that is offered under the Promotion.
To redeem the offer under this Promotion, both the Referee and the Referred Member may:
attend front reception together at their nominated Participating Outlet; or
follow the journey outlined in the EDM allowing the referred party to drop into our system with the existing member (referring member) details included.
The referring member must be a current member of a Participating Outlet..
The referred member must not be a current member of a Participating Outlet..
Both the Refereeand Referred Member must co-sign a form to verify the referral under this Promotion.
To redeem the offer, both the referred and existing member ( referring member ) must
attend front reception together at their nominated Participating Outlet; or
sign up via the offer link sent to you by email.
Free membership time awarded under the Promotion will be applied to both the Referee and the Referred Member’s membership packages by 31 December 2021.
The Promotion will be active from 11 June 2021 through to 30 November 2021 (inclusive).
The Promotion cannot be redeemed in conjunction with any other offer offered by a Participating Outlet..
The Referee and the Referred Member acknowledges that they may be contacted by a representative of a Participating Outlet to assist them in being involved in the Promotion.
The Promoter or the Participating Outlets shall not be liable for any claim, loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for personal injury which is suffered or sustained, except for any liability which cannot be excluded by law and the user of the pass indemnifies the Promoter and the Participating Outlet in relation to any claim, loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury which is suffered or sustained.
The Promoter is conducting the promotion in selected health clubs in QUEENSLAND, VICTORIA, SOUTH AUSTRALIA, AND WESTERN AUSTRALIA. ("Participating Outlets") between 9am 1 September 2021 and close of business at each Participating Outlet 30 September 2021. ("Promotional Period").
To be eligible for the 14 days free, the member must refer a friend who joins.
Maximum of 42 days free available to each participating member (equal to two (3) referral joiners).
The 14 days free is added as a payment break in the member’s membership except for South Australia where the 14 Days free is included in the minimum term of the membership, normal membership conditions apply thereafter.
The offer cannot be redeemed in conjunction with any other offer.
The participant confirms and warrants that they have the consent of the people they are referring to provide their details to the Promoter for the purpose of being contacted by the Promoter in relation to the Promoter’s products and services.
The Promoter or the Participating Outlets shall not be liable for any claim, loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for personal injury which is suffered or sustained, except for any liability which cannot be excluded by law and the user of the pass indemnifies the Promoter and the Participating Outlet in relation to any claim, loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury which is suffered or sustained.
The Promoter is Goodlife Health Clubs, A.B.N. 59120953200.
“Participate in 6 x Group Fitness classes* in 10 days to enter the draw to win a Goodlife merchandise pack, including Goodlife-branded yoga mat” TERMS & CONDITIONS This Schedule sets out the terms and conditions which govern the Goodlife Spring Fling September Promotion (Game of Chance). The Schedule must be read together with the Terms and Conditions of Entry (which follow this Schedule). Promotion Name Spring Fling September Promotion Game Type This is a game of chance based on chance only. Entrants are required to follow the Entry Procedure below to participate in the Competition. Entrants must comply with the below entry terms to be eligible to participate in the competition. Promoter Goodlife Operations Pty Ltd A.B.N. 59 120 953 200. c/o Head Office address: 176 Montague Road, South Brisbane QLD 4101, 07 3184 6226 Relevant State(s) Queensland, South Australia and Western Australia. Promotion Period The Promotion starts at 9:00 am AEST Monday 20 September 2021. The Promotion closes at 5:00 pm AEST Thursday 30 September 2021. Eligible Persons The Promotion only applies to existing Goodlife members in the Relevant States and new members who join in the Relevant States within the Promotion Period, and cannot be run in conjunction with any other offer (Participants). Participants must be 18 years old or older to be eligible.
Directors, management, employees, officers and contractors of the Promoter who are directly involved in the management of the Promotion (and their Immediate Families) or of the agencies or organisations associated with this Promotion are ineligible to enter. Immediate Families means spouse, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the director, manager, employee, officer or contractor. Entry Procedure There is one method of entry into the competition.
Participants must attend a minimum of 6 x Goodlife Group Fitness classes* during the Promotion Period at a Goodlife Health Club in the Relevant States to enter the competition. As a minimum, the Participant must attend 1 ‘Strength’ class, 1 x ‘Cardio’ class, and 1 x ‘mind-body’ class as classified on the club Group Fitness timetable. Participants must have their visitation card ticked off by a staff member of Goodlife Health Clubs for each class at their club and hand in their card once completed to a Goodlife staff member to go into the draw for the final prize.
Maximum Number of Entries per Entrant One entry per Eligible Person.
Results Winners will be randomly drawn manually and contacted by 5:00 pm AEST on 04/10/2021. The winner's name will be published on the Goodlife website by 12/10/2021. The prizes are not transferable and cannot be exchanged or redeemed for cash. Prize Eligible Persons will be entered into the draw for the winning merchandise pack at the club for which they are a member and have provided their visitation card. There will be one (1) winner only per participating Goodlife club. Total number of prize winners is 34 (Queensland), 14 (Western Australia), and 13 (South Australia). Total value of the prize is (approximately) $150 per club. Total prize value across all states is $9,150. Verification Requirements The winners will be required to verify their identity and provide proof of age prior to receiving their prize. Identification considered suitable for verification is at the Promoter’s reasonable discretion. Prize Restrictions (if any) A tax invoice or receipt will not be issued to the Winner. The prize is non-transferrable and cannot be exchanged or redeemed for cash. The Winner agrees to make themselves available for publicity opportunities at the discretion of the Promoter after the collection of the Prize. Notification of Winners The winners will be notified via telephone or email and published on the Goodlife Website no later than 12/10/2021. The Promoter will make all reasonable attempts to contact the winner. Prize Claim Date If after three (3) months since choosing a winner, the Promoter has been unable to contact the winner despite making all reasonable attempts, an alternate winner will be chosen through a redraw in the same manner on the 4 January 2022 and published on the website by the 10 January 2022. The reasonableness of the attempts to contact the winner will be at the discretion of the Promoter. Claim Instructions The Winner will be directly contacted with instructions on how to claim their prize. Privacy By entering the competition, the entrant consents to receipt of any email from the Promoter regarding the competition and the Promoter’s products and services. The collection, use and disclosure of personal information provided in connection with this competition are governed by these Terms and Conditions. If an entrant does not truthfully provide all requested personal information, the Promoter may determine that the entrant is not eligible to win a Prize. The Participant acknowledges and provides their consent for their contact details to be given to the Promoter for the purpose of being contacted by the Promoter in relation to the Promoter’s products and services.
TRADE PROMOTION TERMS AND CONDITIONS OF ENTRY 1. These Terms and Conditions incorporate and must be read together with the Schedule for the Promotion. The Schedule prevails to the extent of any inconsistencies with these Terms and Conditions. Entry into this Promotion constitutes acceptance of these Terms and Conditions. 2. The Promoter is Goodlife Operations Pty Ltd, 176 Montague Road, South Brisbane QLD 4101 (ABN: 59 120 953 200) (Goodlife). 3. Any capitalised terms used in these Terms and Conditions have the meaning given in the Schedule, except where stated otherwise. Unless the contrary intention appears, a reference in these terms to the word “person” includes an individual, a firm, a body corporate, a partnership, a joint venture, an unincorporated body or association, or any government agency or entity. ELIGIBILITY TO ENTER 4. Entry to the Promotion is open to residents of the Relevant State(s) who are Eligible Persons as described in the Schedule and meet the Entry Restrictions (if any). ENTRY 5. The Promotion will be conducted during the Promotion Period. To enter the Promotion, entrants must complete the Entry Procedure during the Promotion Period. 6. Entries may only be submitted in accordance with the Entry Procedure and will not be accepted by the Promoter in any other form. Computer generated or other automated entries will not be accepted. 7. All valid entries received during the Promotion Period will be entered in the Promotion, and the prize draw, if the Promotion is a game of chance. 8. Once submitted, Entrants cannot alter or delete their entry. 9. Entrants may enter the Promotion up to the Maximum Number of Entries. Multiple entries (where permitted) must be submitted separately and must each separately meet any product purchase requirement specified in the Entry Procedure (if applicable). Excess entries will be deemed invalid. 10. Entries must be received by the Promoter during the Promotion Period. Email and electronic entries are deemed to have been received at the time of receipt into the Promoter's database and not at the time of transmission by the entrant. 11. If the Promotion involves entry via a website, the cost of accessing the website will be dependent upon the Entrant's individual Internet Service Provider. 12. All Entries (including photographs and videos) become and remain the property of the Promoter upon submission and will not be returned to Entrants. PROMOTIONS CONDUCTED VIA A SOCIAL NETWORKING SITE 14. If the Promotion is conducted via a social networking site (including but not limited to Facebook and/or Instagram), entrants acknowledge that the Promotion is in no way sponsored, endorsed, or administered by, or associated with the social networking site. 15. Entrants acknowledge that any information they provide in connection with the Promotion is provided to the Promoter and not to the social networking site. 16. Any questions, comments or complaints regarding the Promotion will be directed to the Promoter and not to the social networking site. 17. Entrants release the social networking site and its associated companies from all liability arising in respect of the Promotion, to the extent allowable by law. ENTRY CONTENT AND VALIDITY 19. Incomplete and illegible entries will be deemed invalid. Entries that breach these Terms and Conditions or any other content guidelines notified by the Promoter during the Promotion Period will also be deemed invalid. 20. Entries submitted by persons who are not Eligible Persons will be deemed invalid. The Promoter may not assess each entry however, winning entries will be scrutinised. 21. If an entry is invalid or if an entrant is unable or refuses to take part in any element of this Promotion, the Promoter reserves the right to discard that entrant’s entry and proceed as if that entrant had not entered the Promotion. 22. If for any reason, the Promoter becomes aware after an entrant has won a prize that the entrant has not complied with these Terms and Conditions or that their entry is otherwise invalid, that entrant will have no entitlement to the prize, even if the Promoter has announced them as a winner and that entrant will be required, at the direction of the Promoter, to return, refund or otherwise make restitution of the prize. 23. Entries must be the entrant’s original work. The Promoter reserves the right to verify, or to require the entrant to verify, that the entry is the entrant’s original work. If an entry cannot be verified to the Promoter’s reasonable satisfaction, the entry will be deemed invalid. CONSENTS AND PERMISSIONS 25. By entering this Promotion all entrants: (a) consent to the Promoter using and publishing (and authorising others to use and publish) their name, character, likeness, image, voice or anything else that identifies them for the purposes of any promotion or matter incidental to the Promotion, including future similar promotions, and at any time during or after the Promotional Period and via any means (including but not limited to, any national print media, the Promoter's website and any other promotional material); (b) assign (and, if necessary, will in the future assign) all intellectual property rights (including copyright) in their Entry Materials in relation to all media (including but not limited to, the internet) and whether in existence now or created in the future; (c) unconditionally and irrevocably: (i) consent to any act or omission that would otherwise infringe any of their moral rights in the Entry Materials (as defined in Part IX of the Copyright Act 1968 (Cth)) and present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given; (ii) waive all moral rights that arise outside Australia; and (iii) agree not to institute, maintain or support any claim or proceeding for infringement of their moral rights in the Entry Materials; (d) warrant to the Promoter that their entry is the original independent creation of the entrant and free from any claims, including copyright or trademark claims, by other persons. 26. If the Promotion involves the publication of Entry Materials on a website, the Promoter accepts no responsibility or liability where an entrant’s photos, images or other Entry Materials are downloaded from the website by any persons, and for any matters after such download. The Promoter may, in its absolute discretion, edit, modify, delete, remove or take down any part of an entrant’s entry. PRIZES - GENERAL 27. If the prize involves a winner meeting or attending a function with a celebrity or other public figure, the Promoter will not be liable for the failure of the winner (and their companion(s), if applicable) to meet that person or failure of that person to attend the function, for whatever reason. 28. The Promoter may, at its discretion, require any person taking, accepting or participating in any prize to be 18 years or over. 29. The Promoter reserves the right to appoint a chaperone to accompany the participants taking the prize. The participants agree to the chaperone being present with them for the duration of the prize and agree to comply with any reasonable directions or guidelines given to them by the Promoter or their chaperone. 30. The prize must be taken as offered and cannot be varied unless authorised by the Promoter. The prize value includes GST and is in Australian dollars and is correct at the time of printing. The Promoter accepts no responsibility for any variation in prize value. 31. Prizes are not transferable, exchangeable or redeemable for cash. Prizes cannot be sold to a third party including online auctions and private sales. Unused portions of prizes will be forfeited and no compensation will be paid in lieu of that element of the prize. 32. Subject to the approval process required by any relevant gaming or lotteries authority, in the event that any prize item is unavailable despite the Promoter’s reasonable endeavours to procure within Australia, the Promoter reserves the right to substitute a different prize item of equal or greater value, subject to any written directions from any relevant regulatory, judicial or government authority. 33. Where prizes are lost, stolen, damaged or tampered with, for reasons beyond the control of the Promoter, the Promoter is not liable. 34. Without limiting the above terms and conditions, the Promoter may, at its absolute discretion, substitute cash for any prize (the amount of cash being equal to the prize value specified in the Prize Details). 35. Except to the extent required by any law, including the Australian Consumer Law, the Promoter and its associated companies make no warranties or representations about the fitness for purpose or suitability of any prize and will not accept responsibility for the quality or fitness for any purpose of any prize or the failure of any prize to be of acceptable quality. 36. Prizes and participation in the Promotion are subject to any terms and conditions imposed by the supplier or organiser of the prize, as applicable. 37. These Terms and Conditions do not exclude or limit the application of any statutory provision (including a provision of the Competition and Consumer Act 2010 (Cth) where to do so would contravene that statute or cause any part of these Terms and Conditions to be void. PRIZES – PROVISIONS RELATING TO TYPES OF PRIZES 38. The prize(s) are specified in the Prize Details. The prize(s) are subject to any restrictions specified in the Schedule. The total prize pool is specified in the Schedule. 39. If a prize includes vouchers, the vouchers are only valid until the voucher expiry date specified on the voucher or by the provider, and are subject to any terms and conditions imposed by the provider. Once awarded, the Promoter is not liable for any voucher that has been lost, stolen, forged, damaged or tampered with in any way. 40. If a prize includes tickets, including tickets to an event, the tickets are only valid for the date or period specified on the tickets or by the provider, and are subject to any terms and conditions imposed by the provider. Once awarded, the Promoter is not liable for any ticket that has been lost, stolen, forged, damaged or tampered with in any way. 41. If a prize includes travel, the prize must be booked and completed as specified by the Promoter or by the supplier of the prize. If the prize is event based, any travel provided as part of the prize must be taken on the dates specified by the Promoter to coincide with the event. The prize is subject to booking and availability, and is subject to any terms and conditions imposed by the relevant providers. All costs associated with a travel prize which are not expressly stated in the Schedule to be included, including additional spending money, passport and visa costs, transfer costs, meals, taxes, insurance, luggage costs and all other ancillary costs, are the responsibility of the winner. The winner and any travelling companion(s) must depart and return at the same time using the same air carrier. The winner and any travelling companion(s) are responsible for ensuring they have all necessary travel insurance (if not included in the prize) and documents to travel to the relevant place(s) (including passports and visas, if required). Any alterations or extensions to confirmed prize details must be approved in advance by the Promoter (at its sole discretion) and will be at the expense of the winner. The Promoter is not responsible for the cancellation, delay or rescheduling of any part of a travel prize and any costs incurred by the winner or any travelling companion(s) as a result (including accommodation costs) will be the responsibility of the winner. The winner is responsible for ensuring that they and their travelling companion(s) are fit to travel and have received appropriate immunisations and/or health checks prior to taking the prize. It is the entrant’s responsibility to check and prepare for travel warnings and any perceived hazards with appropriate authorities, including www.dfat.gov.au. The Promoter is not responsible for any illness, injury or property damage that affects the winner while undertaking the travel prize. 42. If the prize involves a winner attending an event, if any part of the event is abandoned, called off, varied or postponed for any reason, then at the Promoter’s discretion, the relevant winner (and their companion(s), if applicable) forfeits all rights to attend the relevant event and no cash or alternative tickets will be substituted for that element of the prize. If the event is varied or postponed, the Promoter, where reasonable, will try to vary arrangements to allow the winner (and their companion(s)) to attend the varied or postponed event (unless doing so would involve additional costs to the Promoter). CLAIMING PRIZES 43. Prizes must be claimed by the Prize Claim Date in accordance with any Claim Instructions set out in the Schedule. If a prize is not accepted by, or failing all reasonable efforts by the Promoter, is not delivered to the prize winner, the relevant winner’s entry will be deemed invalid and the Promoter reserves the right to distribute the unclaimed prizes in accordance with the Unclaimed Prize Arrangements specified in the Schedule, subject to any directions given by any relevant authority. Winners of unclaimed prizes will be notified and have their names and State or Territory of residence published in accordance with the Unclaimed Prize Arrangements, subject to any directions given by any relevant authority. CANCELLATION OF COMPETITION 44. If, for any reason, the Promotion or any of the prizes are not capable of being run or offered as planned, including but not limited to, infection by computer virus, bugs, tampering, unauthorised intervention, fraud or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, the Promoter reserves the right in its absolute discretion to take any action that may be available to it. Any actions are subject to State and Territory regulations and may include cancellation, termination, modification or suspension of the Promotion. 45. The Promoter may also cancel, suspend or modify the Promotion if the determination of the prize winner or the delivery of the prize is prevented or hindered by any external event beyond the control of the Promoter, including but not limited to, vandalism, power failure, tempest, natural disaster, acts of God, civil unrest, strikes or other industrial action.If the Promotion is not capable of being run as planned, for reasons outlined above, the Promoter will not be liable for any loss or damage of any kind to entrants arising out of any resultant action taken by the Promoter. PRIVACY AND INFORMATION 46. The Promoter may collect the following personal information provided by entrants when entering or participating in this Promotion (including without limitation in their Entry Materials, transactional information, when you shopped, where you shopped, how you paid and what you purchased, address, phone number, name, age, passport number, drivers licence number, information obtained from any Promotion partners, information you provide when submitting any questions or queries regarding the Promotion) or by entrants doing anything in connection with this Promotion. 47. The Promoter may use your personal information to conduct the Promotion, to ask you questions, to contact you about any matter in connection with the The business or the Promotion, to contact entrants if they are winners, to conduct research and marketing activities (including to inform entrants about special offers, marketing, events, promotions, product launches and other special events and discounts from the Promoter such as new products or promotions and to become part of databases maintained by the Promoter or associated entities), to conduct market research (including to improve and help Promoter better tailor its product and service offering , including developing new products, services, promotional offers and shopping opportunities) and to conduct market research and other forms of analysis, unless the entrant opted out of participating in such activities in the section provided on the entry form, and otherwise in accordance with the Promoter’s Privacy Policy. If you provide your email address or mobile phone number you consent to the Promoter using your email address to email you and/or your mobile telephone number to SMS you for any of the purposes listed above 48. Entrants can advise the Promoter at any time if they no longer wish to participate in any such research and marketing activities. Otherwise, their consent will remain current until specifically withdrawn. The Promoter may disclose entrants' personal information for the above purposes to other companies associated with this Promotion, related bodies corporate of the Promoter, the Promoter's information technology providers and database service providers and other entities which provide research and marketing services to the Promoter. 49. The Promoter may engage other persons or organisations (for example, the Promoter’s suppliers, prize donators, competition and promotion agencies, data mail houses, data processing organisations, marketing researchers, specialist call centres and service providers) to assist the Promoter in carrying out the above purposes. Some of these organisations may be located overseas. Your personal information may be disclosed to such persons or organisations for these purposes and, in providing a service, they may contact you directly. In some circumstances, they may disclose personal information they collected from you to the Promoter or one or more of the purposes already mentioned. The Promoter will hold and use all personal information it collects from third parties about you for the purposes described in this notice. 50. The Promoter may also disclose your personal information as required by law. 51. If entrants do not provide the personal information requested by the Promoter, they may not participate in the Promotion (except where the provision of that information is optional). Winners’ names will be published and retained as required under relevant legislation. An entrant may, at any time, request to access, update or correct any information, or to have their details removed from the Promoter’s database(s) and such request will be considered in accordance with the requirements of the Privacy Act. Such requests should be directed to the Promoter at its address set out in item 2. The Promoter’s Privacy Policy can be viewed atwww.wwrd.com.au/privacy-policy.html. INDEMNITY AND LIABILITY 52. Unless required by any law, including the Australian Consumer Law, the Promoter, its related bodies corporate and their respective officers and employees, its agents, its contractors, its associated entities and their respective officers will not be liable for any loss (including but not limited to, indirect, special or consequential loss, loss of opportunity or loss of profits), expense, damage, personal injury or death which is suffered or sustained in connection with any part of this Promotion (including entry, collation of entrant details, prize draw and determination of the winner(s)), promotion of this Promotion, use or acceptance of the prize or the prize itself, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum extent allowable by law). 53. If requested by the Promoter, any entrant or winner (and their companion(s), if applicable) (or if an entrant, winner or companion is not an adult, their parent or guardian) must sign an indemnity and exclusion of liability form (provided by the Promoter) in favour of all parties involved in this competition and/or providing the prize prior to undertaking any specified activities forming part of the competition, acceptance or use of the prize or the prize itself. If any entrant, winner, nominated companion or parent/guardian (if applicable) does not sign the indemnity form provided by the Promoter, within the time requested by the Promoter, the relevant entrant’s or winner’s entry or claim will be deemed invalid. Where a winner’s entry or claim is deemed invalid, the prize will be deemed unclaimed and the Promoter has a right to redraw the prize in accordance with the Unclaimed Prize Arrangements in the Schedule. 54. Without limiting the previous paragraphs, the Promoter, its related bodies corporate, its agents and its associated entities will not be liable for any damage to or delay in transit of prizes. 55. If other entities are conducting the promotion in conjunction with the Promoter, the Promoter is not liable for any error made by the other entity when communicating details of the Promotion, the entry process, the prize draw, the prize, determination of the winner and promoting the Promotion. FORCE MAJEURE 56. The Promoter shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, epidemic, pandemic such as COVID-19, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation (Force Majeure Event). 57. If the Promotion is impacted by a Force Majeure Event, the Promoter will make reasonable efforts to reschedule the Promotion to a later date. If the Promotion is unable to be rescheduled to a suitable date, the Promoter reserves all rights to cancel the Promotion immediately. GENERAL 57. The Promoter reserves the right in its sole discretion to verify the validity of entries and to disqualify any entrant (or voter if applicable) who tampers with the entry (or voting process), or who submits an entry which is not in accordance with these Terms and Conditions, or who the Promoter has reason to believe has breached any of these Terms and Conditions, or has engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved. 58. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. 59. The Promoter accepts no responsibility for any tax implications that may arise from acceptance of the prize winnings. Entrants should seek independent financial advice prior to entering the Promotion. 60. The Promoter may at its absolute discretion prohibit an entrant’s participation in this Promotion, cancel or suspend a prize or cease to provide any prize to a winner if the entrant or winner or any companion(s) are, in the reasonable opinion of the Promoter, under the influence of alcohol or drugs, behaving aggressively, disruptively, or in a manner which may diminish the good name and reputation of the Promoter or its products and brands, or are engaging in conduct that is misleading, deceptive, contrary to law or is otherwise inappropriate. 61. The Promoter's decisions in connection with the Promotion are final and no correspondence will be entered into. 62. No responsibility will be taken for unsuitable, lost, deleted, late or misdirected entries. The Promoter is not responsible for technical difficulties with the entry mechanism and does not warrant that the entry mechanism will be available at all times. 63. Entries which are to be published on a website will be subject to a moderation process before being visible on the website. 64. The Promoter may require the winner(s) to provide identification as requested by the Promoter including but not limited to, proof of identity, age, residency, employment, supply to the Promoter or engagement by the Promoter. Identification considered suitable for verification is at the Promoter’s reasonable discretion. 65. Entrants acknowledge that there may be inherent risks in some aspects of the Promotion or the prize and that participation in the Promotion or the prize may involve participating in dangerous activities. By entering this Promotion and/or accepting the prize, entrants accept that risk for themselves and for their companion(s) (if applicable). 66. In order to participate in this Promotion and/or the activities which may be awarded as part of the prize, the winner (and their companion(s), if applicable) must comply with applicable health, fitness, skill, balance, dexterity and any other requirements normally associated with the particular activity. It is the entrant’s responsibility to ensure that they (and their companion(s), if applicable) are sufficiently healthy and fit so as to safely participate in this promotion and/or undertake the activities awarded as part of the prize. The entrant or winner must comply with all requirements and directions of the people responsible for the conduct of the relevant activity and must ensure that their companion(s) also comply (if applicable). If the Promoter reasonably believes that the entrant, winner or their companion(s) will not be able to comply with such requirements, the Promoter may deem the entrant, winner or their companion(s) not sufficiently healthy or fit to participate in the Promotion.
Go into the draw to win a complimentary ARENA black label membership for one month. Simply complete 5 ARENA classes in 7 days between 18th October 2021 - 24th October 2021 and leave your completed challenger card at your local club to go into the draw. (valued at $159.96).
TERMS & CONDITIONS
This Schedule sets out the terms and conditions which govern the ARENA 7 Day Contender Challenge competition (Game of Chance). The Schedule must be read together with the Terms and Conditions of Entry (which follow this Schedule).
Promotion Name
ARENA 7 Day Contender Challenge Competition
Game Type
This is a game of chance based on chance only with no fee for entry.Entrants are required to follow the Entry Process below to participate in the Competition. Entrants must comply with the below entry terms to be eligible to participate in the competition.
Promoter
Goodlife Operations Pty Ltd T/A Goodlife Health Clubs (ABN 59 120 953 200)
Relevant State(s)
SA, VIC, WA and QLD only
Promotion Period
The Promotion starts at 12:01am AEDT Monday 18th October 2021.The Promotion closes at 11:59pm AEDT Sunday 24th October 2021.
Eligible Persons
An individual is an Eligible Person if they are: 1) Over 16 years old; 2) An Australian resident; and3) An existing Goodlife Health Clubs blue, platinum or black member as at the start date of the Promotion.Directors, management, employees, officers and contractors of the Promoter who are directly involved in the management of the Promotion (and their Immediate Families) or of the agencies or organisations associated with this Promotion are ineligible to enter. Immediate Families means spouse, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the director, manager, employee, officer or contractor.
Entry Procedure
There is one method of entry into the competition.
Complete 5 ARENA classes in 7 days during the Promotion Period. Simply have your ARENA coach sign your challenger card after completing each individual class and place your completed challenger card into the draw at your local club to enter.
Winners will be selected by a random draw by the Club Manager. One prize per participating club to be won (1 month complimentary ARENA black label membership).
Entry Restrictions
The entrant is responsible for having full and ongoing access to their email account.Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. The Promoter will consider entries received final. Incomplete, inaccurate, erroneous, ineligible or incomprehensible entries will be deemed invalid. The Promoter accepts no responsibility for late, lost or misdirected entries.Entrants can only enter the promotion in their own name. Entrants who provide incorrect, misleading or fraudulent information are ineligible to participate in the competition and all entries of that entrant, at the sole discretion of the Promoter, may be deemed invalid. Entries must be submitted in English.Internet and data charges apply and are the responsibility of the entrant.In the instance where a person enters more than once, the Promoter reserves the right to render all entries submitted by that entrant invalid. Entrants must be willing to have their name and state published on the Promoter’s Facebook page, Instagram, Twitter or other publication.The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these terms and conditions or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion including without limitation :a) Entrants who offer any type of compensation (monetary or otherwise) in exchange for a prize.
Maximum Number of Entries per Entrant
One entry per person.
Judging
Entries will be drawn by the Club Manager for each participating club. The draw will occur in each participating Goodlife Club on 2nd November 2021.
The winner will be the first randomly drawn challenger card selected.
Verification Requirements
The winner will be required to verify their identity and provide proof of age prior to receiving their prize. Identification considered suitable for verification is at the Promoter’s reasonable discretion.
Prize Details
There is one (1) major prize to be won per ARENA Goodlife Club (35 clubs nationally): 1 month complimentary ARENA Black Label Membership (valued at $159.96).
Total prize pool: $5,598.60
Prize value is the recommended retail value as provided by the supplier; is in Australian dollars and is correct at competition launch date 18th October 2021.
Prize Restrictions (if any)
Entry is non-transferrable, non-refundable and can be added to the account of existing members
A tax invoice or receipt will not be issued to the Winner.The prize is non-transferrable and cannot be exchanged or redeemed for cash.The Winner agrees to make themselves available for publicity opportunities at the discretion of the Promoter after the collection of the Prize.
Notification of Winners
The winner will be notified by their respective club via telephone or email and published via website no later than 16th November 2021. The Promoter will make all reasonable attempts to contact the winner.
Prize Claim Date
Prize must be redeemed by 19th November 2021. If the Prize is not redeemed the Promoter will issue the Prize to the first runner up.
Claim Instructions
The Prize will be automatically credited to the winner’s account after validation and acceptance of Prize.
Privacy
By entering the competition, the entrant consents to receipt of any email regarding the competition from the Promoter. All entries become the property of the Promoter. The collection, use and disclosure of personal information provided in connection with this competition are governed by these Terms and Conditions.If an entrant does not truthfully provide all requested personal information, the Promoter may determine that the entrant is not eligible to win a Prize.
TRADE PROMOTIONTERMS AND CONDITIONS OF ENTRY
1. These Terms and Conditions incorporate and must be read together with the Schedule for the Promotion. The Schedule prevails to the extent of any inconsistencies with these Terms and Conditions. Entry into this Promotion constitutes acceptance of these Terms and Conditions.
2. The Promoter is Goodlife Operations Pty Ltd trading as Goodlife Health Clubs (ABN 59 120 953 200).
3. Any capitalised terms used in these Terms and Conditions have the meaning given in the Schedule, except where stated otherwise. Unless the contrary intention appears, a reference in these terms to the word “person” includes an individual, a firm, a body corporate, a partnership, a joint venture, an unincorporated body or association, or any government agency or entity.
ELIGIBILITY TO ENTER
4. Entry to the Promotion is open to residents of the Relevant State(s) who are Eligible Persons as described in the Schedule and meet the Entry Restrictions (if any).
ENTRY
5. The Promotion will be conducted during the Promotion Period. To enter the Promotion, entrants must complete the Entry Procedure during the Promotion Period.
6. Entries may only be submitted in accordance with the Entry Procedure and will not be accepted by the Promoter in any other form. Computer generated or other automated entries will not be accepted.
7. All valid entries received during the Promotion Period will be entered in the Promotion, and the prize draw, if the Promotion is a game of chance.
8. Once submitted, Entrants cannot alter or delete their entry.
9. Entrants may enter the Promotion up to the Maximum Number of Entries. Multiple entries (where permitted) must be submitted separately and must each separately meet any product purchase requirement specified in the Entry Procedure (if applicable). Excess entries will be deemed invalid.
10. Entries must be received by the Promoter during the Promotion Period. Email and electronic entries are deemed to have been received at the time of receipt into the Promoter's database and not at the time of transmission by the entrant.
11. If the Promotion involves entry via a website, the cost of accessing the website will be dependent upon the Entrant's individual Internet Service Provider.
12. All Entries (including photographs and videos) become and remain the property of the Promoter upon submission and will not be returned to Entrants.
JUDGING OF ENTRIES FOR GAMES OF SKILL
13. Each valid entry will be individually judged (by representatives of the Promoter) based on the Judging Criteria.
14. The prize(s) will be awarded to the valid entrant or entrants (as applicable) whose entry or entries best meet the Judging Criteria, as determined by the judges, in accordance with the Prize Details. Entries that, in the Promoter’s judgment, contain offensive, defamatory or otherwise objectionable or inappropriate material or that infringe any third party rights will be invalid.
13. The judges' decisions are final and no correspondence will be entered into.
PROMOTIONS CONDUCTED VIA A SOCIAL NETWORKING SITE
14. If the Promotion is conducted via a social networking site (including but not limited to Facebook and/or Instagram), entrants acknowledge that the Promotion is in no way sponsored, endorsed, or administered by, or associated with the social networking site.
15. Entrants acknowledge that any information they provide in connection with the Promotion is provided to the Promoter and not to social networking site.
16. Any questions, comments or complaints regarding the Promotion will be directed to the Promoter and not to the social networking site.
17. Entrants release the social networking site and its associated companies from all liability arising in respect of the Promotion, to the extent allowable by law.
ENTRY CONTENT AND VALIDITY
18. Entrants are required to take full responsibility for the content of their entry and for ensuring that their entry complies with these Terms and Conditions. For the purposes of these content requirements, Entry Materials includes any material (including but not limited to, drawings, artwork, images, text, photos, videos and email messages) that entrants submit, upload, transmit, publish, communicate or use in connection with their entry into the Promotion.
19. Incomplete and illegible entries will be deemed invalid. Entries that breach these Terms and Conditions or any other content guidelines notified by the Promoter during the Promotion Period will also be deemed invalid.
20. Entries submitted by persons who are not Eligible Persons will be deemed invalid. The Promoter may not assess each entry however, winning entries will be scrutinised.
21. If an entry is invalid or if an entrant is unable or refuses to take part in any element of this Promotion, the Promoter reserves the right to discard that entrant’s entry and proceed as if that entrant had not entered the Promotion.
22. If for any reason, the Promoter becomes aware after an entrant has won a prize that the entrant has not complied with these Terms and Conditions or that their entry is otherwise invalid, that entrant will have no entitlement to the prize, even if the Promoter has announced them as a winner and that entrant will be required, at the direction of the Promoter, to return, refund or otherwise make restitution of the prize.
23. Entries must be the entrant’s original work. The Promoter reserves the right to verify, or to require the entrant to verify, that the entry is the entrant’s original work. If an entry cannot be verified to the Promoter’s reasonable satisfaction, the entry will be deemed invalid.
CONSENTS AND PERMISSIONS
24. An entrant’s entry must not include: (a) any image or voice of any other person without that person’s express consent. Entrants warrant that if any such content is included, they have obtained the express consent of the relevant person; (b) any content that contravenes any law, infringes the rights of any person or is obscene, offensive, potentially defamatory, discriminatory, indecent or otherwise objectionable or inappropriate (including but not limited to, any content involving nudity, malice, excessive violence or swearing); and (c) any literary, dramatic, musical or artistic work, any audio-visual or sound recording, or any other item in which copyright subsists, unless the entrant is entitled to do so. If an entrant has any doubts about whether they have the right to include any content (for example, recorded music) they must not include it. By including any such content in their entry, the entrant warrants that they have the permission of the relevant copyright owner to do so and that this permission allows the Promoter to use the entry in accordance with these Terms and Conditions.
25. By entering this Promotion all entrants: (a) consent to the Promoter using and publishing (and authorising others to use and publish) their name, character, likeness, image, voice or anything else that identifies them for the purposes of any promotion or matter incidental to the Promotion, including future similar promotions, and at any time during or after the Promotional Period and via any means (including but not limited to, any national print media, the Promoter's website and any other promotional material); (b) assign (and, if necessary, will in the future assign) all intellectual property rights (including copyright) in their Entry Materials in relation to all media (including but not limited to, the internet) and whether in existence now or created in the future; (c) unconditionally and irrevocably:
(i) consent to any act or omission that would otherwise infringe any of their moral rights in the Entry Materials (as defined in Part IX of the Copyright Act 1968 (Cth)) and present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given;
(ii) waive all moral rights that arise outside Australia; and
(iii) agree not to institute, maintain or support any claim or proceeding for infringement of their moral rights in the Entry Materials;(d) warrant to the Promoter that their entry is the original independent creation of the entrant and free from any claims, including copyright or trademark claims, by other persons.
26. If the Promotion involves the publication of Entry Materials on a website, the Promoter accepts no responsibility or liability where an entrant’s photos, images or other Entry Materials are downloaded from the website by any persons, and for any matters after such download. The Promoter may, in its absolute discretion, edit, modify, delete, remove or take down any part of an entrant’s entry.
PRIZES - GENERAL
27. If the prize involves a winner meeting or attending a function with a celebrity or other public figure, the Promoter will not be liable for the failure of the winner (and their companion(s), if applicable) to meet that person or failure of that person to attend the function, for whatever reason.
28. The Promoter may, at its discretion, require any person taking, accepting or participating in any prize to be 18 years or over.
29. The Promoter reserves the right to appoint a chaperone to accompany the participants taking the prize. The participants agree to the chaperone being present with them for the duration of the prize and agree to comply with any reasonable directions or guidelines given to them by the Promoter or their chaperone.
30. The prize must be taken as offered and cannot be varied unless authorised by the Promoter. The prize value includes GST and is in Australian dollars and is correct at the time of printing. The Promoter accepts no responsibility for any variation in prize value.
31. Prizes are not transferable, exchangeable or redeemable for cash. Prizes cannot be sold to a third party including, online auctions and private sales. Unused portions of prizes will be forfeited and no compensation will be paid in lieu of that element of the prize.
32. Subject to the approval process required by any relevant gaming or lotteries authority, in the event that any prize item is unavailable despite the Promoter’s reasonable endeavours to procure within Australia, the Promoter reserves the right to substitute a different prize item of equal or greater value, subject to any written directions from any relevant regulatory, judicial or government authority.
33. Where prizes are lost, stolen, damaged or tampered with, for reasons beyond the control of the Promoter, the Promoter is not liable.
34. Without limiting the above terms and conditions, the Promoter may at its absolute discretion, substitute cash for any prize (the amount of cash being equal to the prize value specified in the Prize Details).
35. Except to the extent required by any law, including the Australian Consumer Law, the Promoter and its associated companies make no warranties or representations about the fitness for purpose or suitability of any prize and will not accept responsibility for the quality or fitness for any purpose of any prize or the failure of any prize to be of acceptable quality.
36. Prizes and participation in the Promotion are subject to any terms and conditions imposed by the supplier or organiser of the prize, as applicable.
37. These Terms and Conditions do not exclude or limit the application of any statutory provision (including a provision of the Competition and Consumer Act 2010 (Cth) where to do so would contravene that statute or cause any part of these Terms and Conditions to be void.
PRIZES – PROVISIONS RELATING TO TYPES OF PRIZES
38. The prize(s) are specified in the Prize Details. The prize(s) are subject to any restrictions specified in the Schedule. The total prize pool is specified in the Schedule.
39. If a prize includes vouchers, the vouchers are only valid until the voucher expiry date specified on the voucher or by the provider, and are subject to any terms and conditions imposed by the provider. Once awarded, the Promoter is not liable for any voucher that has been lost, stolen, forged, damaged or tampered with in any way.
40. If a prize includes tickets, including tickets to an event, the tickets are only valid for the date or period specified on the tickets or by the provider, and are subject to any terms and conditions imposed by the provider. Once awarded, the Promoter is not liable for any ticket that has been lost, stolen, forged, damaged or tampered with in any way.
41. If a prize includes travel, the prize must be booked and completed as specified by the Promoter or by the supplier of the prize. If the prize is event based, any travel provided as part of the prize must be taken on the dates specified by the Promoter to coincide with the event. The prize is subject to booking and availability, and is subject to any terms and conditions imposed by the relevant providers. All costs associated with a travel prize which are not expressly stated in the Schedule to be included, including additional spending money, passport and visa costs, transfer costs, meals, taxes, insurance, luggage costs and all other ancillary costs, are the responsibility of the winner. The winner and any travelling companion(s) must depart and return at the same time using the same air carrier. The winner and any travelling companion(s) are responsible for ensuring they have all necessary travel insurance (if not included in the prize) and documents to travel to the relevant place(s) (including passports and visas, if required). Any alterations or extensions to confirmed prize details must be approved in advance by the Promoter (at its sole discretion) and will be at the expense of the winner. The Promoter is not responsible for the cancellation, delay or rescheduling of any part of a travel prize and any costs incurred by the winner or any travelling companion(s) as a result (including accommodation costs) will be the responsibility of the winner. The winner is responsible for ensuring that they and their travelling companion(s) are fit to travel and have received appropriate immunisations and/or health checks prior to taking the prize. It is the entrant’s responsibility to check and prepare for travel warnings and any perceived hazards with appropriate authorities, including www.dfat.gov.au. The Promoter is not responsible for any illness, injury or property damage that affects the winner while undertaking the travel prize.
42. If the prize involves a winner attending an event, if any part of the event is abandoned, called off, varied or postponed for any reason, then at the Promoter’s discretion, the relevant winner (and their companion(s), if applicable) forfeits all rights to attend the relevant event and no cash or alternative tickets will be substituted for that element of the prize. If the event is varied or postponed, the Promoter, where reasonable, will try to vary arrangements to allow the winner (and their companion(s)) to attend the varied or postponed event (unless doing so would involve additional costs to the Promoter).
CLAIMING PRIZES
43. Prizes must be claimed by the Prize Claim Date in accordance with any Claim Instructions set out in the Schedule. If a prize is not accepted by, or failing all reasonable efforts by the Promoter, is not delivered to the prize winner, the relevant winner’s entry will be deemed invalid and the Promoter reserves the right to distribute the unclaimed prizes in accordance with the Unclaimed Prize Arrangements specified in the Schedule, subject to any directions given by any relevant authority. Winners of unclaimed prizes will be notified and have their names and State or Territory of residence published in accordance with the Unclaimed Prize Arrangements, subject to any directions given by any relevant authority.
CANCELLATION OF COMPETITION
44. If, for any reason, the Promotion or any of the prizes are not capable of being run or offered as planned, including but not limited to, infection by computer virus, bugs, tampering, unauthorised intervention, fraud or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, the Promoter reserves the right in its absolute discretion to take any action that may be available to it. Any actions are subject to State and Territory regulations and may include cancellation, termination, modification or suspension of the Promotion.
45. The Promoter may also cancel, suspend or modify the Promotion if the determination of the prize winner or the delivery of the prize is prevented or hindered by any external event beyond the control of the Promoter, including but not limited to, vandalism, power failure, tempest, natural disaster, acts of God, civil unrest, strikes or other industrial action.If the Promotion is not capable of being run as planned, for reasons outlined above, the Promoter will not be liable for any loss or damage of any kind to entrants arising out of any resultant action taken by the Promoter.
PRIVACY AND INFORMATION
46. The Promoter may collect the following personal information provided by entrants when entering or participating in this Promotion (including without limitation in their Entry Materials, transactional information, when you shopped, where you shopped, how you paid and what you purchased, address, phone number, name, age, passport number, drivers licence number, information obtained from any Promotion partners, information you provide when submitting any questions or queries regarding the Promotion) or by entrants doing anything in connection with this Promotion.
47. The Promoter may use your personal information to conduct the Promotion, to ask you questions, to contact you about any matter in connection with the The business or the Promotion, to contact entrants if they are winners, to conduct research and marketing activities (including to inform entrants about special offers, marketing, events, promotions, product launches and other special events and discounts from the Promoter such as new products or promotions and to become part of databases maintained by the Promoter or associated entities), to conduct market research (including to improve and help Promoter better tailor its product and service offering , including developing new products, services, promotional offers and shopping opportunities) and to conduct market research and other forms of analysis, unless the entrant opted out of participating in such activities in the section provided on the entry form, and otherwise in accordance with the Promoter’s Privacy Policy. If you provide your email address or mobile phone number you consent to the Promoter using your email address to email you and/or your mobile telephone number to SMS you for any of the purposes listed above
48. Entrants can advise the Promoter at any time if they no longer wish to participate in any such research and marketing activities. Otherwise, their consent will remain current until specifically withdrawn. The Promoter may disclose entrants' personal information for the above purposes to other companies associated with this Promotion, related bodies corporate of the Promoter, the Promoter's information technology providers and database service providers and other entities which provide research and marketing services to the Promoter.
49. The Promoter may engage other persons or organisations (for example, the Promoter’s suppliers, prize donators, competition and promotion agencies, data mail houses, data processing organisations, marketing researchers, specialist call centres and service providers) to assist the Promoter in carrying out the above purposes. Some of these organisations may be located overseas. Your personal information may be disclosed to such persons or organisations for these purposes and, in providing a service, they may contact you directly. In some circumstances, they may disclose personal information they collected from you to the Promoter or one or more of the purposes already mentioned. The Promoter will hold and use all personal information it collects from third parties about you for the purposes described in this notice.
50. The Promoter may also disclose your personal information as required by law.
51. If entrants do not provide the personal information requested by the Promoter, they may not participate in the Promotion (except where the provision of that information is optional). Winners’ names will be published and retained as required under relevant legislation. An entrant may, at any time, request to access, update or correct any information, or to have their details removed from the Promoter’s database(s) and such request will be considered in accordance with the requirements of the Privacy Act. Such requests should be directed to the Promoter at its address set out in item 2. The Promoter’s Privacy Policy can be viewed atwww.wwrd.com.au/privacy-policy.html.
INDEMNITY AND LIABILITY
52. Unless required by any law, including the Australian Consumer Law, the Promoter, its related bodies corporate and their respective officers and employees, its agents, its contractors, its associated entities and their respective officers will not be liable for any loss (including but not limited to, indirect, special or consequential loss, loss of opportunity or loss of profits), expense, damage, personal injury or death which is suffered or sustained in connection with any part of this Promotion (including entry, collation of entrant details, prize draw and determination of the winner(s)), promotion of this Promotion, use or acceptance of the prize or the prize itself, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum extent allowable by law).
53. If requested by the Promoter, any entrant or winner (and their companion(s), if applicable) (or if an entrant, winner or companion is not an adult, their parent or guardian) must sign an indemnity and exclusion of liability form (provided by the Promoter) in favour of all parties involved in this competition and/or providing the prize prior to undertaking any specified activities forming part of the competition, acceptance or use of the prize or the prize itself. If any entrant, winner, nominated companion or parent/guardian (if applicable) does not sign the indemnity form provided by the Promoter, within the time requested by the Promoter, the relevant entrant’s or winner’s entry or claim will be deemed invalid. Where a winner’s entry or claim is deemed invalid, the prize will be deemed unclaimed and the Promoter has a right to redraw the prize in accordance with the Unclaimed Prize Arrangements in the Schedule.
54. Without limiting the previous paragraphs, the Promoter, its related bodies corporate, its agents and its associated entities will not be liable for any damage to or delay in transit of prizes.
55. If other entities are conducting the promotion in conjunction with the Promoter, the Promoter is not liable for any error made by the other entity when communicating details of the Promotion, the entry process, the prize draw, the prize, determination of the winner and promoting the Promotion.
GENERAL
56. The Promoter reserves the right in its sole discretion to verify the validity of entries and to disqualify any entrant (or voter if applicable) who tampers with the entry (or voting process), or who submits an entry which is not in accordance with these Terms and Conditions, or who the Promoter has reason to believe has breached any of these Terms and Conditions, or has engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
57. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
58. The Promoter accepts no responsibility for any tax implications that may arise from acceptance of the prize winnings. Entrants should seek independent financial advice prior to entering the Promotion.
59. The Promoter may at its absolute discretion prohibit an entrant’s participation in this Promotion, cancel or suspend a prize or cease to provide any prize to a winner if the entrant or winner or any companion(s) are, in the reasonable opinion of the Promoter, under the influence of alcohol or drugs, behaving aggressively, disruptively, or in a manner which may diminish the good name and reputation of the Promoter or its products and brands, or are engaging in conduct that is misleading, deceptive, contrary to law or is otherwise inappropriate.
60. The Promoter's decisions in connection with the Promotion are final and no correspondence will be entered into.
61. No responsibility will be taken for unsuitable, lost, deleted, late or misdirected entries. The Promoter is not responsible for technical difficulties with the entry mechanism and does not warrant that the entry mechanism will be available at all times.
62. Entries which are to be published on a website will be subject to a moderation process before being visible on the website.
63. The Promoter may require the winner(s) to provide identification as requested by the Promoter including but not limited to, proof of identity, age, residency, employment, supply to the Promoter or engagement by the Promoter. Identification considered suitable for verification is at the Promoter’s reasonable discretion.
64. Entrants acknowledge that there may be inherent risks in some aspects of the Promotion or the prize and that participation in the Promotion or the prize may involve participating in dangerous activities. By entering this Promotion and/or accepting the prize, entrants accept that risk for themselves and for their companion(s) (if applicable).
65. In order to participate in this Promotion and/or the activities which may be awarded as part of the prize, the winner (and their companion(s), if applicable) must comply with applicable health, fitness, skill, balance, dexterity and any other requirements normally associated with the particular activity. It is the entrant’s responsibility to ensure that they (and their companion(s), if applicable) are sufficiently healthy and fit so as to safely participate in this promotion and/or undertake the activities awarded as part of the prize. The entrant or winner must comply with all requirements and directions of the people responsible for the conduct of the relevant activity and must ensure that their companion(s) also comply (if applicable). If the Promoter reasonably believes that the entrant, winner or their companion(s) will not be able to comply with such requirements, the Promoter may deem the entrant, winner or their companion(s) not sufficiently healthy or fit to participate in the Promotion.