Membership Terms & Conditions

The following paragraphs outline the terms and conditions (Terms) on which Recovery Investments Pty Ltd (ACN 670 838 276) trading as Recovery Clubs (we, our, us) agrees to grant you a Membership to use our Facilities and provide you with the Services. These Terms, together with the Associated Documentation (as defined below), form the Agreement between the parties.
This is a legally binding Agreement.

1. Definitions

The following definitions apply to the Agreement:

a. ACL means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

b. Agreement means these Terms, the Membership Agreement, the Membership Details, the Risk Waiver (also referred to as “Recovery Club Membership Waiver” and “Waiver & Risk Warning”), any Pre-Use Questionnaire, the Recovery Safety, Security & Cleanliness Agreement, our Policies and Club Rules.

c. App and Application means any application we may operate from time to time.

d. Associated Documentation means all documentation comprising the Agreement as defined above.

e. Biller means our third party biller.

f. Biller’s Administration Fee means the Fee charged under clause 12.3 below if the Biller is unable to collect payment when due.

g. Club means Recovery Club Fairy Meadow.

h. Club Location means Unit 4 / 135-143 Princes Hwy, Fairy Meadow, NSW 2519.

i. Club Rules means any rules we set from time to time to manage the use of our Facilities and Services by all Members, which may be communicated to you verbally, in writing, by way of signage on walls or otherwise in any reasonable manner.

j. Direct Debit Amount means what you agree to pay by direct debit each Direct Debit Payment Period as set out in the Membership Agreement and/or Direct Debit Payment Agreement.

k. Direct Debit Payment Agreement means the periodic billing agreement you enter into with our third party Biller for periodic billing services.

l. Direct Debit Payment Period means the frequency of your direct debit payments as set out in the Membership Agreement or Direct Debit Payment Agreement.

m. Distress Button means the equipment located in our Club which can be used to call security and for emergency help.

n. Essential Term means a term of this Agreement that is fundamental to this Agreement, such that its breach would constitute a repudiation of the Agreement, as reasonably determined by us.

o. Facilities means the Club premises and equipment, and includes all bathrooms and change rooms, plant and equipment, benches, ice baths, traditional saunas and infrared saunas.

p. Fees means any fees and charges that you agree to pay us set out in your Membership Agreement and/or the Direct Debit Payment Agreement, and any additional fees and charges we are entitled to charge you in accordance with the Agreement.

q. Induction means any induction process we determine appropriate and necessary from time to time for each Member to complete before becoming a Member.

r. Member(s) means a person who is entitled to access our Club.

s. Membership is another word used to refer to this Agreement.

t. Membership Agreement means the agreement which describes your Membership Name, price, fees, start dates, payment dates and other important information.

u. Membership Details means the “Membership Details” information displayed during the joining process outlining pricing, minimum term, payment date, upfront fee and other related information.

v. Membership Price means the amounts you agree to pay us to access our Club and use our Facilities as set out in the Membership Agreement.

w. Membership Name means the specific Membership product you subscribe to when becoming a Member.

x. Minimum Age means the minimum age we set to become a Member.

y. Minimum Term means the minimum term as set out in your Membership Agreement.

z. Personal Information means personal information we collect about you when applying to become a Member which is managed by us in accordance with our Privacy Policy.

aa. Photo ID means photographic identification of you which verifies who you are.

bb. Pre-Use Questionnaire means the questionnaire or other screening we require you to complete before becoming a Member.

cc. Privacy Policy means our privacy policy as published and amended by us from time to time.

dd. Promotion means any discount, offer or bundle deal we may offer to new or existing Members from time to time at our absolute discretion.

ee. Risk Waiver means the Recovery Club Risk Waiver & Warning that you are required to accept before being eligible to become a Recovery Club Member and in any case before using the Facilities.

ff. Safety & Security Agreement means the agreement concerning key safety, security and risk matters you are required to complete before becoming a Member.

gg. Start Date means the date set out in your Membership Agreement.

hh. Staffed Hours means the dates and times that the Club is staffed by our employees which we may determine or vary from time to time at our absolute discretion.

2. Joining & Access

2.1 When you join our Club, you will need to give us information including Personal Information when you apply for a membership. You will also provide us with Photo ID before being issued with electronic access to our Club.

2.2 Once you become a Member you will be provided with access to enter our Club and use its Facilities subject to:

a) the terms, conditions and restrictions of the Agreement;

b) the terms and conditions of the Risk Waiver and the Safety & Security Agreement; and

c) our right to suspend or terminate your access to our Club and the Facilities in accordance with the terms of this Agreement.

2.3 If you become a Member under a particular Promotion made available by us, we reserve the right to verify that you are entitled or qualify for that particular Promotion. If you do not qualify or are not eligible for the Promotion we may at our discretion either allow you access to our Club using the Promotion or refuse to allow you access to our Club using the Promotion in which case you will either be entitled to a refund of any relevant fee paid or invited to select one of our other Memberships and you will be credited with the amount paid to purchase the Promotion.

2.4 You must not let anyone else into our Club or let anyone else use your electronic access to enter our Club. If you breach this term, we reserve the right at our discretion to suspend or cancel your Membership. If you believe a person has followed you into our Club without proper access, you must notify staff and email us with the date and time of the suspected unauthorised access.

Health and Safety

4.1 You irrevocably acknowledge, warrant and agree:

a) it is up to you to determine whether your health, medical and physical condition is acceptable for you to use our Facilities;

b) when you enter into this Agreement and each time you use the Facilities, you must ensure you are in good physical condition and know of no medical or other reason why you should not use the Facilities. If you are unsure you must obtain your own independent medical advice before using the Facilities. Our staff are not qualified to give you medical and or health advice as to whether you should or should not use our Facilities;

c) that the Pre-Use Questionnaire is not a substitute for medical advice and does not guarantee against injury or death;

d) you must not use the Facilities if you are suffering from any illness, disease, injury, or other condition that could be a risk to your health and safety or the health and safety of other Member(s);

e) to follow any reasonable direction of Club staff relating to health, safety or security matters or related matters. This includes any notice placed in the Club from time to time by us or posted on our website; and

f) We may suspend or cancel your Membership or request that you provide medical evidence before using our Facilities if we have reasonable grounds to be concerned regarding your health.

5. Club Rules & Behaviour

5.1 We may set Club Rules which are for the benefit of us, you and all other Members.

5.2 You must read and familiarise yourself with any Club Rules, agree to be bound by the Club Rules and must not breach the Club Rules.

5.3 The Club Rules:

a) apply to everyone who enters the Club and when using the Facilities;

b) are usually displayed in the Club or are available upon request to Club staff; and

c) form part of this Agreement.

5.4 If you break any of the Club Rules we will respond in a way we consider to be fair and appropriate at our discretion. For example, in less serious cases, we may give you a warning but in serious cases or where you have repeatedly broken our Club Rules we may suspend or cancel your Membership.

5.5 If you behave in an inappropriate way, for example, if you threaten or harass our staff or other Members, damage equipment, distribute or use illicit substances, consume alcohol or engage in or behave in an offensive or inappropriate manner such as public nudity, your Membership may be immediately suspended or cancelled and we may refer the matter to the appropriate authorities. We may also take any other reasonable action we deem necessary.

5.6 If we cancel your Membership due to a breach or repeated breach of the Club Rules you will not be entitled to a refund of any Fees paid. If your breach of the Club Rules or conduct causes us or another person to suffer loss or damage or incur costs and expenses, you agree to indemnify us and keep us indemnified against any loss or damage suffered or costs and expenses incurred in connection with your conduct.

6. Operating Hours & Club Closures

6.1 The operating hours of the Club are disclosed at our Club and/or on our website. You may not access the Club outside of our operating hours. You must be ready to leave our Club before the closing time. The closing time is not the time you must cease using our Facilities but the time you must have left the Club by. The opening and closing hours are strict and will be enforced in order to comply with our legal obligations and requirements. If you do not leave the Club before the closing time we may at our discretion charge you a Late Exit Fee (currently AUD$100.00). If you persistently breach the Club’s closing times we may terminate your Membership.

6.2 We may need to close our Club or reduce the Facilities available to you to undertake routine maintenance of the Facilities, in the event of an emergency or for any other reasonable reason we deem necessary. If we are required to close the Club in the event of an emergency or reduce the Facilities available on any particular day you will not be entitled to a refund or reduction in your Membership Fees.

7. Minimum Age

7.1 For safety and security reasons you must be at least 18 years old to become a Member. You must not permit any person under the age of 18 years to enter the Club and you must not assist or facilitate anyone under the age of 18 years in obtaining a Membership.

8. Security & Emergencies

8.1 The Club has CCTV security cameras recording 24-hours a day (except in bathrooms, private contrast therapy rooms and change rooms). This system is used for security purposes but does not guarantee against harm or theft. You should contact the Club if you have questions regarding the CCTV system and how it is used.

8.2 If we provide a locker or similar system for use by you when in the Club we do not warrant that the locker will be safe or secure and we are not liable for any theft or items stolen from a locker that you may use and you release us from any claim in respect of the same. We strongly recommend that you do not bring any items of value into the Club.

8.3 Clubs have mobile Distress Button pendants for safety and security reasons and to alert a security company in emergencies, for example if you are, or feel, threatened or need medical help. You must:

a) familiarise yourself with the locations of the mobile Distress Button pendants when in our Club and only use the mobile Distress Button pendants in the case of a genuine emergency;

b) reimburse us any cost or expense we incur if you use the mobile Distress Button pendants inappropriately including any reasonable cost and expense we incur with our security providers or with emergency services.

9. Personal Information & Privacy

9.1 When you apply for Membership, you will need to provide us with, and we will have access to, Personal Information about you, including information relating to your health and finances.

9.2 By applying for Membership, you consent to us collecting, using, disclosing, and dealing with your personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth). You specifically acknowledge and expressly consent to the transfer and storage of your personal information outside of Australia, subject to our compliance with Australian Privacy Principles regarding cross-border data transfers.

9.3 You must tell us promptly if you change your contact or payment details or if there is a change to any other relevant Personal Information, including anything that may affect health or safety.

9.4 You understand that photos, film, videos or audio recordings are sometimes taken of Members for promotional purposes. You permission will first be obtained if this is done. Members are not permitted to take photos and or videos in the Club unless prior permission is granted by us in writing.

10. Memberships and Termination

10.1 Your Membership will commence on the Start Date and continue for at least the term set out in your Membership Agreement.

10.2 Following the end of your initial term, your Membership will continue month to month and you can cancel it at any time by providing us with a minimum of 28 days’ prior notice in writing.

10.3 You are not required to give the minimum notice period if:

a) we breach an Essential Term of this Agreement and do not remedy the breach within 21 days of receiving written notice from you specifying the breach and requesting that we remedy the breach; or

b) we change this Agreement or the Facilities in a way that significantly and adversely affects you so that you no longer obtain the benefit of this Agreement (this does not include a variation of Fees).

10.4 In addition to our other rights under this Agreement, we may cancel your Membership:

a) if you do not pay us any Fees when due;

b) if you breach any non-monetary obligation under this Agreement that can’t be fixed or if you breach an obligation that can be fixed but fail to do so within 14 days of our request in writing;

c) you breach the Club Rules in a significant way warranting termination of your Membership as determined by us acting reasonably; or

d) you persistently breach the terms of this Agreement or Club Rules on multiple occasions during any 12 months period.

10.5 If your Membership is terminated you acknowledge that we will disable your electronic access to enter our Club and you will not be permitted to enter our Club.

11. Fees and Charges

11.1 The Fees you agree to pay us are set out in the Membership Agreement. You agree to pay us all Fees on the dates, in the amounts and frequency, and via the payment method, as set out in the Membership Agreement. Importantly, you acknowledge and agree that:

a) if you do not make any payment when it is due, your Membership may be suspended, and you will be refused access to the Club until all outstanding amounts have been paid;

b) if any Fees remain unpaid for an extended period or we cancel or suspend your Membership you will still be liable for all unpaid amounts;

c) Membership fees are reviewed by us regularly and are subject to change. After any applicable Minimum Term, all fees may be increased by us upon providing at least 30 days’ written notice to Members of any Fee changes. If your Fees are varied, you authorise any debits from your nominated account to also be varied; and

d) we can deduct all Fees and charges that you must pay under this Agreement from any refund we may be liable to give you.

12. Direct Debit

12.1 Direct Debit Payment Agreement:

a) If you pay any Fees, including ongoing Membership Fees, by direct debit, then this will be processed by our Biller on our behalf.

b) Our Biller may charge you additional fees, costs and expenses in connection with the processing of all payments it processes on your behalf. You agree to pay such payment processing surcharges in addition to the Fees and ordinary membership debit instalment amounts.

c) You will be provided with a copy of Direct Debit Payment Agreement which applies to any direct debit services. The Direct Debit Payment Agreement, is an agreement between you and the Biller who will carry out direct services as agent for us for any payments to be made by you to us.

12.2 Authority to deduct Fees:

a) By nominating a credit or debit account, you authorise the Biller, to deduct from that account all Fees and other charges you are responsible for under this Agreement. You must keep your account details up to date.

12.3 Late or rejected direct debit payments:

a) You must ensure there is enough money in your nominated account on the usual payment, or the next working day if that falls on a day when banks do not process payments.

b) If there is not enough money in your nominated account on the usual payment day, or there is another reason that your account was unable to be debited (except one within the Biller’s control), you will be charged the Biller’s Administration Fee.

c) You authorise the Biller to deduct any unpaid arrears outstanding on your account.

d) Your bank or credit provider may charge you a fee for overdrawing your account if you do not have enough money in your account when payment is due.

12.4 Biller details

a) Our current Biller is Ezidebit Pty Ltd ACN 096 902 813.

b) We reserve the right to change the nominated Biller on 30 days notice to you and you agree to take all steps reasonably necessary including the signing of new direct debit authorities with the new Biller to give effect to such a change.

c) You irrevocably and perpetually consent to our current Biller assigning and novating its rights and benefits under the Direct Debit Payment Agreement to any new third party billing provider we appoint.

13. Changes to your Agreement

13.1 We may sometimes make changes to this Agreement, including our Club Rules. If we do this, we will try to do this fairly and by giving you a chance to cancel your Membership if you are adversely affected by the change and do not agree to it.

13.2 We will make reasonable effort to tell you of any change in advance and when it will take effect. Subject to other Terms, the effective date will be at least 30 days from the date we tell you about the change, except in circumstances where immediate change is required by law or for safety reasons. Your Membership will be amended from the effective date.

14. Liability and Insurance

14.1 To the extent permitted by law and subject to any non-excludable guarantees under the Australian Consumer Law, we are not responsible for your property or liable for any loss, damage or theft of your property even if placed in a locker storage facility provided by us. We are not liable for, and do not provide any guarantees in relation to the provision of any products or services, including those supplied by third parties, which may be made available to Members at the Club.

14.2 Subject to any non-excludable guarantees under the Australian Consumer Law, you acknowledge and agree that your entry into the Club and use of the Facilities is at your own risk. We are not responsible for or liable for the conduct of any other Members. To the extent permitted by law, you release us from all claims resulting from:

a) any loss or damage to your property;

b) death or injury of any person;

c) any other loss caused by an act or omission by us not otherwise dealt with in these Terms; and

d) any conduct, actions, behaviour of other Members.

14.3 Without limiting your liability to pay the Fees or to indemnify us in accordance with clause 13.4, to the extent permitted at law, each party’s aggregate liability to the other party for loss or damage arising out of this Agreement is capped at $15,000, provided that the Member’s liability to us for any unpaid Fees or charges shall not be subject to this cap and we will not be liable for any indirect or consequential loss, including, but not limited to, any loss of actual or anticipated income or loss of opportunity.

14.4 You agree that you will be liable for and will indemnify and keep us indemnified (including our staff) for and against any claims, actions, proceedings, demands, expenses, costs and loss (including legal costs on a full indemnity basis) brought against us or which we may pay, sustain or incur in connection with any one or more of the following:

a) damage caused to the Club or Facilities by you or any guest you bring into the Club;

b) your failure to pay the Fees; and

c) any wrongful, negligent and/or criminal acts or omissions of yours, or acts of wilful misconduct by you.

14.5 Nothing in these Terms limits or restricts the terms of the Risk Waiver. To the extent of any inconsistency between these Terms and the Risk Waiver, the Risk Waiver prevails to the extent of that inconsistency.

15. Miscellaneous

15.1 We are not responsible if Members cannot use our Club because of a Force Majeure Event, which means any event outside of our reasonable control including but not limited to: severe weather events, flood, fire, road or building closure, technology failure, pandemic, government restrictions, or similar circumstances beyond our control. If this continues for more than 28 days, then you or we may either cancel this Agreement immediately by written notice.

15.2 If a court decides that any part of this Agreement is or becomes illegal, void or unenforceable, that part is reduced to the extent possible or if it cannot be reduced then it is deleted, and in any case does not invalidate the rest of this Agreement.

15.3 If we do not enforce our rights under this Agreement at any time, it does not constitute a waiver of those rights and we may enforce them in the future.

15.4 You agree that we have not made any representations or promises that you have relied upon to enter into this Agreement except where expressly set out in writing in this Agreement.

15.5 We may assign our interest or part thereof in this Agreement to another party only without the need to obtain your prior consent provided the party we assign this Agreement to agrees to be bound by the terms of this Agreement.

15.6 The Agreement is subject to the laws in force in New South Wales, Australia, and you and we submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

16. Membership Holds (Freezes)

16.1 Requesting a hold: You may request that we place your Membership on hold (also referred to as a “freeze”). Holds must be requested in accordance with any reasonable process we set from time to time (including by written request).

16.2 Minimum hold period: Each Membership hold must be for a minimum period of one (1) week.

16.3 Annual hold entitlement: You may place your Membership on hold for up to a total of 8 weeks per 12-month period. The 8 weeks may be taken consecutively in a single period or separately across multiple periods during the 12-month period.

16.4 Extending a hold: If you wish to extend a hold beyond the 8-week annual entitlement, you may do so at a rate of $5 per additional week, payable in advance (or as otherwise reasonably determined by us).

16.5 No hold while cancelled or during cancellation period: If you cancel your Membership (or have given notice of cancellation under clause 10.2), your Membership cannot be placed on hold and any existing hold must end.

16.6 Effect of a hold: During an approved Membership hold, billing and access to the Club are suspended for the hold period.

16.7 Minimum Term and end date: Any period during which your Membership is on hold does not count toward the Minimum Term. The Minimum Term and any applicable end date of your Membership will be extended by the length of the hold period.