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, in relation to an act or omission, means doing
the act or omitting to do an act with reckless disregard, with or
without consciousness, for the consequences of the act or omission.
See regulation 5 of the Australian Consumer Law and Fair Trading
Regulations 2012 and section 22(3)(b) of the Australian Consumer
Law and Fair Trading Act 2012.
14.3 Liability for supply of other services
Without limitation to paragraphs 14.1 and 14.2 and any other terms
which are implied into this Agreement; or by statute in relation to
the supply of services which cannot be excluded or limited, we
will ensure that the services that we provide to you are provided
with due care and skill, are fit for the purpose for which they are
commonly bought as is reasonable to expect in the circumstances,
will correspond in the nature and quality with the services
demonstrated to you, and are free from any defect rendering
them unfit for the purposes for which our services are commonly
acquired.
To the extent permitted by law, and again without limiting
paragraphs 14.1 and 14.2, unless we have breached these obligations
we will not be liable for any death, injury, loss, liability or damage
that you may incur as a result of the services provided by us to you.
15. OTHER BITS
You must keep us up to date with your contact details by
completing a Change of Circumstances Form and giving it to your
Home Club if your contact details change. In the event that we do
not receive a Change of Circumstances Form from you and your
contact details change, notice given by us to the email or other
address we have on our records for you will constitute valid notice
to you under these Terms.
We may transfer our rights and obligations (or both) under this
Agreement, or subcontract our obligations under it, to another
organisation without giving you notice and you will continue as
a member. If the other organisation fails to provide the same (or
equivalent) facilities and services we provided, you may end your
membership upon completing a Break Up Form. All undefined
terms used in this document have the meaning set out in the
Membership Application Form.
If we fail to enforce any of our rights at any time, for any period and
for whatever reason, this will not take away those rights. Also if we
fail to notice or act if you break any of the terms of this Agreement,
this does not mean that your behaviour is acceptable. If a Court
decides that a term of this Agreement is not valid or cannot be
enforced, that term will not apply but this will not aect the rest of
the Agreement.
This Agreement is subject to the laws of the State where your Home
Club is located.
16. YOUR PERSONAL INFORMATION
We take the privacy of our members seriously and our Privacy
Policy, which is available at virginactive.com.au, explains the ways
in which we collect, use, store, protect and disclose your personal
information. We collect personal information from you to provide
you with our services, to administer your membership with us
and for the other purposes described in our Privacy Policy. In
most cases, we collect your personal information directly from
you, including through your Membership Application Form, a
Change of Circumstances Form, Health Check Questionnaire, the
member portal at virginactive.com.au and in the course of our other
communications with you, which may occur through virginactive.
com.au or when you call or contact our sta.
If you do not allow us to collect your personal information, we
may not be able to provide you with our services, administer your
membership with us or conduct some or all of the other activities
described in our Privacy Policy.
With your consent, we may also collect personal information which
relates to your physical health or condition, including (without
limitation) when you complete our Health Check Questionnaire,
so that we can assess your general health, wellbeing and your
readiness for physical exercise and for the other purposes set out
in our Privacy Policy. If you do not provide this information, you will
not be able to use our club. If we believe you have any health issue
or if our Health Check Questionnaire is not fully completed, we may
require you to obtain a medical certificate before we consider your
application further.
In order to perform our services and for the purposes described
in our Privacy Policy, we may disclose some of your personal
information to our related bodies corporate and to other persons
or entities as outlined in our Privacy Policy. Should you default on
payments due to us we may disclose your personal information by
notifying the default to a credit reference agency or other third
party to obtain payment from you.
Other than as set out in our Privacy Policy, we will not share your
personal information without your consent unless we are required
to do so by law.
Our Privacy Policy explains how you may access and correct the
personal information that we hold about you. It also sets out how
you may contact us to complain about a breach of the Privacy
Act, and how we will deal with such a complaint. If you have any
questions or concerns about privacy or if you would like further
information about our privacy practices, please contact the Virgin
Active Privacy Ocer using the following details:
Email: privacy@virginactive.com.au
Address: Virgin Active Central,
Level 3/400 Barangaroo Avenue,
Barangaroo NSW 2000
By signing below, you agree to be bound by this Agreement and
you consent to the terms and conditions within it.
Do not sign below until you have read these Terms and the other
documents listed in paragraph 1. If there is anything you do not
understand, please ask us for an explanation before you sign. If
you are under 18, a parent or guardian will need to sign below to
give their permission for you to become a club member. Your
parent or guardian will be responsible for your obligations under
the Agreement and must sign below to say they accept these Terms
and the Club Rules on your behalf, and to accept responsibility
for your behaviour, actions and failure to act in line with this
Agreement. In particular your parent or guardian will be responsible
for paying all payments due under your membership. You agree that
your parent or guardian will be the only person we will discuss your
membership with unless they authorise another person (including
you).
The Agreement between you and us will come into force when
you sign these Terms (even if a Virgin Active Representative is not
named or do not sign them).
Name of member
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