MEMBER INDUCTION: To mitigate risk and ensure that you correctly operate or use any of our facilities, services, product or equipment , including the adjustment of levels or setting on any equipment,  you are required to undertake an instructional consultation with a member of our staff before use. I understand that an initial introduction to the club is a requirement prior to using club facilities and it is my responsibility to ensure this takes place before I use the equipment.

MEMBER’S RIGHT TO CANCEL I may cancel my membership without penalty by delivering or mailing written notice to my HOME CLUB before midnight of the second business day after I have signed this agreement. The club will return any payment I made within 10 days of receiving my cancellation. All refunds will be by credit card or direct deposit into your nominated account. There are no cash refunds. After the member’s right to cancel period noted above, I may cancel my month by month membership with 30 days’ notice in writing to my home club. I must pay as stated above even if I do not use the club after providing my notice of cancellation. If I have a pre-paid membership, I will not be entitled to any refunds whatever, I must ensure I give notice of cancellation in the 11^th month of the membership term to ensure the contact is not rolled over into a renewal. If collection or legal services are needed to collect the unpaid amount, I am responsible for all costs of collection, including solicitor’s fees of club owner and/or yes Fitness Australia Memberships are not transferable or assignable to another individual unless permission is granted by the club manager.

MONTH TO MONTH MEMBERSHIP. This agreement is a legally binding obligation for which I am financially responsible. I agree if I fail to pay when a payment due that I must immediately pay the entire amount owing. This is an ongoing membership agreement and only ceases when either I or Yes Fitness exercise their right to cancel the membership.

MEMBERSHIP FREEZE. I have the right to freeze my membership for up to three months annually, during which time I will be charged 50,000 RP per week instead of my standard membership fees. I understand that if I elect to freeze my membership, I cannot cancel my membership during the “freeze” period.

TERMINATION FOR CAUSE BY CLUB OWNER. Club owner may, at its direction, terminate my membership if : (1) I fail to make payment or any payments are late, (2) the monthly EFT payment or membership fees are interrupted or discontinued for any reason and I or my cosigner do not provide an acceptable alternative. (3) I fail to follow membership policies or club rules or violate any part of this agreement , or (4) my conduct is improper and harmful to the best interest of the club or its members or (5) I fail to provide doctor’s approval for exercising if so requested. Termination is effective on the date written notice or email is sent to my last known address/email address. I am liable for all financial obligations until that date. Club Management also reserves the right to terminate my membership for any reason not stated above and if not prohibited by law. If my membership is terminated, I will receive a termination notice and forego any unused prepaid membership fees.
PHYSICAL CONDITION AND NO MEDICAL ADVICE. I represent that I am in good physical condition and have no medical reason or impairment that might prevent me from my intended use of the club facilities. I acknowledge that I have been informed that the club offers a consultation which includes a brief interview regarding my medical history. I understand and acknowledge that Club owner and Yes Fitness Australia will not and cannot provide me with any medical advice.  If I have any health or medical concerns now or after I join the club, I will discuss them with my doctor before using Club facilities.

DAMAGED, LOST OR STOLEN PROPERTY. You are solely responsible for any damage which you may cause to the Fitness Business, its facilities, services, products, or equipment, if such damage is caused by your willful act and/or negligence. I understand that Club Owner and Yes Fitness Indonesia. are not responsible for any of my personal property that is damaged, lost or stolen on or around the Club Location or any other “Yes Fitness” location.

GUESTS. I may bring a guest during staffed hours and only after arranging for a pass with club staff. I will be immediately charged a $99.00 per visit fee for any unauthorized guest I allow into any Yes Fitness club during staffed or non-staffed hours, and I agree to pay this fee via my pre-nominated payment arrangement. Guests must sign the Guest waiver before using the Club Location. I understand the club reserves the right to charge a fee to guests who are not local residents or who visit repeatedly without joining.  I will not allow any non-member to use my membership access card, and I understand that if I do, the card may be deactivated, and a fee will be charged to activate the card. I am liable for all damage I/my family members or guests cause to the equipment or physical infrastructure of the Club and will reimburse the Club via payment method used to pay my membership fees. USE OF OTHER YES FITNESS CLUBS: I understand that my membership to the club may allow access to other Yes Fitness “locations free of charge. My use of all “Yes Fitness” location is subject to terms of this agreement and I have exactly the same obligations to any “Yes Fitness” location as I have to the current Club and Club Owner. I understand that if I use another “Yes Fitness” location more than the club, my membership may be transferred to that location according to the then-current membership transfer policy. If my membership is transferred, I will be charged the current membership price of the” Yes Fitness” location I use most often, and I may be required to enter a new membership agreement.

ASSUMPTION OF RISK AND INJURY AND WAIVER OF CLAIMS. I assume all risks of injury and waive all rights to pursue money damages or any other relief of any kind as a result of anything occurring at or near the Club Location or any other “Yes Fitness” location. In the event I am injured while on a “Yes Fitness” property or during a Yes Fitness/sponsored event, I will hold harmless the Club Owner, Yes Fitness Indonesia and all of their owners, employees, agents, successors and assigns from all claims to any sort for damages or for other relief, including but not limited to claims for contribution. I understand and agree that the Club Location and all Yes Fitness locations are unsupervised fitness centers and no employee is on site to help me use the equipment or exercise in the manner that I choose to exercise. I acknowledge there is possible danger connected with any physical activity (including the dangers of physical injury and death) and knowingly and voluntarily waive my right to make a legal or equitable claim of any sort against Club Owner or Yes Fitness and all of their owners, employees, agents, successors and assigns from all claims of any sort for damages or for other relief, including but not limited to claims for contribution. This assumption of risk and waiver of liability applies to my family members, successors, heirs and assigns.
DISCLOSURE OF YOUR PHYISCAL CONDITION. Provision of a safe and effective exercise program is dependent upon accurate   health and fitness profiling. You agree to disclose to us all relevant personal health and fitness information both prior to and during engagement in any exercise program, service or facility we provide to you as a part of your membership. This in inclusive of any health risk assessment, initial and periodic fitness assessments and any relevant information or recommendations provided by your medical or allied health practitioner/s. you want and represent that you will not use the Yes Fitness business or any our facilities, services or product whilst you are suffering from any infections or contagious illness, disease or other ailment or whilst you are suffering from any physical ailment such as open cuts or sores or minor infections where there is a risk, however small, to other member and guests.

FAMILY MEMBERSHIP INDEMNIFICATION IF “FAMILY” is the membership plan checked on the first page of this agreement, I agree that if the other family members cancel their membership, I am liable to have an increase in membership dues to the current price of individual members.

MINIMUM AGE: All membership holders of Yes Fitness must be a minimum of 14 years of age. All minors under the age of 18 must have parent or guardian co-sign the membership agreement and acknowledgement of indemnity waiver.

Minor aged between 14-16 must comply with the following restrictions:

indemnity waiver. Minors aged between 14-16 must comply with the following restrictions: (1)Access during staffed hours only- no access card will be issued (2) A member induction form is to be completed by parent or guardian and the Minor COOLING OFF PERIOD: The cooling off period starts from the date of signing this agreement The cooling off period ends 48 hours after the cooling off period starts.
PERSONAL E-MAIL ADDRESS: I must provide my personal e-mail address in order to activate my account; I will also receive occasional e-mail from Yes Fitness updating me on my membership benefits However, I will always have the option to opt-out from receiving these updates by replying and requesting to be unsubscribed.

DDR Service Agreement

I/We hereby authorize Yes Fitness Australia Pty Ltd ABN 86 631 596 917 {to make periodic debits on behalf of the “business” as indicated on the attachment Direct Debit Request (herein referred to as “the business”)

I/we acknowledge that the bank or financial organization acting as a Direct Debit Agent for the business and that they do not provide any goods or services (other than the direct collection services to me/us for the business pursuant to the Direct Debit  (subscription request) and this DDR Services Agreement) and has no express or implied liability in regards to the goods and services provided by the Business or the term and conditions of any agreement that I/We have with the business.

I/We acknowledge that the debit account will be debited from my/your account according to the term and conditions of my/our agreement with the Business and the terms and conditions of the Direct Debit Request and specifically the debit arrangement and the fees/changes Details in the Direct Debit Request) and this DDR Services Agreement.

I/We acknowledge that the bank account and /or credit card details have been verified against a recent bank statement to ensure the accuracy of the details provided and I/We will contact my/our financial institution if I/we are uncertain of the accuracy of these details.

I/We acknowledge that it is my/our responsibility to ensure that there are enough cleared funds in the nominated account by the due date of enable the direct to be honored on the debit date. Direct debit (subscription payments) normally occur overnight, however transactions can take up to three (3) business days depending on the financial institution. Accordingly , I/We Acknowledge and agree that sufficient funds will remain in the nominated account until the debit amount has been debited from the account and that if there are insufficient funds available , I/We agree that Yes Fitness will not held responsible for any fees and charges that may be charged by either my/our or its financial institution.

I/We acknowledge that there may be a delay in processing the debit if:

• There is a public bank holiday on the day of the debit, or any day after the debit date
• A payment request is received on a day that is not a banking holiday in the Australian state of Victoria.
• A payment request is received after normal bank cut off times being 4:00 pm Victorian time, Monday to Friday.
• Any payment that falls due on any of the above will be processed on the next business day.

I/we acknowledge that I/We will contact Yes Fitness if I/We wish to alter or defer any of the debit arrangements.

I/we acknowledge that any request by me/us to stop or cancel the debit arrangements will be directed by the Business.

I/We acknowledge that any disputed debit payment will be directed to Yes Fitness. If no resolution is forthcoming from my/our financial institution.

I/We acknowledge that if a debit is returned by my/our financial institution as unpaid, a failed payment fee is payable by me/us to Yes Fitness.  I/We will also be reasonable for any fees and charges applied by my/our financial institution for each unsuccessful debit attempt together with any collection fees, including but not limited to any solicitor fees and /or collection agent fee may be incurred by Yes Fitness

I/We authorize the Debiting Bank to attempt to re-process any successful payments as advised by the Business.

I/We acknowledge that certain  fees and charges (including setup, variation , SMS or processing fees) may apply to the Direct debit request and may be payable to the Bank and subject to my personal agreement with the business, I/we agree to pay those fees and charges to Yes Fitness and appoint Yes Fitness as your exclusive agent with regard to the control management and protection of your personal information (relating to the business and contained in this DDR Services Agreement). You irrevocably authorize yes Fitness to take all action (which we deem necessary) to protect your personal information.

Credit Card Payment

I/We authorize: Yes Fitness or the nominated debiting bank to verify details of my/our account with/our financial institution and my/our financial institution to release information allowing Yes Fitness to verify my/our account details