These Terms and Conditions relate to the membership owned and operated by Melbourne Fitness & Performance (MFP).

You must read these Terms and Conditions and all other Policies (including our Privacy Policy) before using our Services. As a member you can use our Services in line with these Terms and Conditions and all Policies.

T&C Overview (summary only)

Please read and sign the full document below so you understand all terms and conditions.

1. Minimum Terms

   • Junior Athlete Development: 12 weeks

   • Youth Athlete Development: 12 weeks

   • Athlete Performance: 12 weeks

   • Rehab2Performance: 3, 6, or 12 months (set by our medical team based on your injury timeline)

   • (If applicable on your plan: NDIS Athlete Performance and Remote Coaching remain 6-month minimums unless your agreement states otherwise.)

2. Under 18: A parent/guardian must also sign this agreement.

3. Failed payments: Our payment facilitator (e.g., Ezidebit) may charge a non-refundable processing fee for each dishonoured payment.

4. Membership Holds: Submit via our website (Membership Holds) ≥ 7 days in advance. You may pause once per 12-week contract for up to 7 days.

5. Membership Cancellations: Submit via our website (Membership Cancellations).

   • Give 14 days’ written notice after your minimum term.

   • Cancelling within your minimum term?

     • Junior / Youth / Athlete Performance: Cancellation fee = lesser of $500 or the remaining membership fees to your minimum term.

     • Rehab2Performance: Cancellation fee = lesser of $800 or the remaining membership fees to your minimum term.

6. Cooling-Off: 7 days from joining. You may cancel with no obligation beyond any payment due prior to your written cancellation.

7. Billing: Weekly direct debits (normally Thursdays). If your membership starts on another day, a pro-rata amount is added to your first payment to align to Thursday billing.

8. First week credit: Your first week is included in your Initial Testing or Injury Assessment investment. If you do not commit to membership after the cooling-off period, that first week is charged to your account.

The Parties agree that:

1. Understanding our Memberships

We offer the following membership commitment types:

(a) Athlete Performance — 12-week minimum term
(b) Youth Athlete Development — 12-week minimum term
(c) Junior Athlete Development — 12-week minimum term
(d) Rehab2Performance — 3, 6, or 12 months, determined by our medical team based on your injury
(e) NDIS Athlete Performance — 6-month minimum term (if applicable to you)
(f) Remote Coaching — 6-month minimum term (if applicable to you)

After the minimum term, your contract runs week-to-week until you cancel or renew for a further minimum term.

If you are under 18, your parent/legal guardian must read and sign this Membership Application on your behalf.

You may from time to time book a coach for a single personal training session. Pricing for any such session is set at the coach’s discretion and is either charged at the time of the session or added to your next weekly debit.

2. When does your agreement start?

Accepting this agreement does not automatically entitle you to a membership. We may reject any application at our sole discretion.

Your agreement begins on the date you sign the Membership Application and the Waiver and Release of Liability (the “Commencement Date”). New members may be required to complete fundamental sessions at the coach’s discretion.

3. Payment

• Frequency: Fees are billed weekly by direct debit (normally Thursdays).

• Pro-rata: If you start on another day, a pro-rata amount aligns you to Thursday billing for your first payment.

• First week credit: Included in your Initial Testing/Injury Assessment investment. If you do not continue after the cooling-off period, that first week is charged to your account.

• Card payments: If you pay by credit card, fees must be in advance; card processing fees may apply.

• Dishonours: If a payment is dishonoured, a $20 fee may be charged by MFP in addition to any non-refundable processing fee charged by the payment facilitator.

• Overdue amounts: We may suspend access until payments are up to date and will continue debiting your account until the total amount owing is received.

• Fee changes: We may increase your fees after your minimum term with 14 days’ written notice.

• GST: All fees include GST.

4. Membership Holds

• You may place your membership on hold once per 12-week minimum term for up to 7 days.

• Requests must be submitted ≥ 7 days before your next scheduled debit via our website (Membership Holds).

• Hold requests inside a billing cycle will not adjust the current invoice; future invoice dates will be adjusted.

• Your account reactivates automatically at the end of the hold. You must be up to date on fees to place a hold.

5. Membership Cancellation

• Cooling-Off: You may cancel within 7 days of the Commencement Date. You are liable only for any payment due prior to your written cancellation.

• After minimum term: You may cancel at any time with 14 days’ written notice via our website (Membership Cancellations).

• Cancelling within your minimum term (early termination):

  • Junior / Youth / Athlete Performance: Pay the lesser of (i) $500 or (ii) the remaining membership fees to your minimum term.

  • Rehab2Performance: Pay the lesser of (i) $800 or (ii) the remaining membership fees to your minimum term.

• Collections: You must pay any fees you owe. If legal action is required to recover amounts owing, you agree to indemnify MFP for reasonable legal costs on a solicitor-client basis.

• Auto-renew: Contracts auto-renew week-to-week after the minimum term. To stop debits at the end of your minimum term, provide written notice within that term.

We may cancel your membership for non-payment, breach of rules, or conduct we reasonably believe threatens the safety, integrity, or credibility of MFP.

6. Your responsibilities

You must meet your responsibilities, including timely payment of fees. You agree to:

• Exercise properly and follow coaching instructions and standards.

• Complete fundamentals as required and train in line with coaching principles.

• Not commit theft; keep login details confidential.

• Respect our intellectual property (no copying/redistribution without written consent).

• Notify us immediately of any health condition or changes relevant to your training.

• Follow any club rules provided from time to time.

• Not rely on coaching advice as medical advice.
  We handle your personal information per our Privacy Policy.

7. Personal Training appointment changes

A minimum 24 hours’ notice is required to cancel/reschedule PT sessions. Late changes/no-shows may be charged at the full session fee. No refunds for inadequate notice.

8. Understanding our rights

If we do not enforce our rights at any time, this does not waive those rights.

9. No Warranty and Disclaimer

Our staff are not medical professionals. Information provided is not medical advice and should not replace advice from qualified medical practitioners. Use of our gym/equipment and reliance on information is at your own risk and provided “as is” to the extent permitted by law.

10. Program adherence

We expect you to follow your program and coaching instruction, to be coachable, and to train safely.

11. Waiver and Release of Liability

You agree to the Waiver and Release of Liability available on our website, which forms part of this agreement. If you terminate or stop debits contrary to this agreement, you may be liable for unpaid fees and recovery costs.

12. Indemnity

You agree to indemnify MFP against claims/losses (including reasonable legal costs) arising from your breach of these terms, violation of law, or your acts/omissions.

13. General

(a) This agreement is governed by the laws of Victoria, Australia.
(b) Your details will be shared only with those directly concerned with your membership where possible.
(c) Concerns or complaints: please contact us first so we can assist.
(d) Memberships are non-transferable unless we permit otherwise; we may assign our rights.
(e) We use video/audio surveillance in the gym for security.
(f) We may provide notices/communications electronically (e.g., email).