STARplex Membership Terms and Conditions

1. Introduction

1.1. This document records the terms and conditions of your membership with STARplex, Please read this document carefully.

1.2. STARplex rules may change at times. A copy of the most up to date rules is available on our website here.

2. Membership Application

2.1. Your application will be considered upon receipt of a completed and signed membership application.

2.2. Members under eighteen (18) years must have a parent/guardian complete and sign the membership contract.

2.3. STARplex reserves the right to refuse membership without reason.

3. Periodic Agreement

3.1. *Periodic Agreement. A periodic agreement is an ongoing agreement continuing from supply period to supply period until you or STARplex terminates the membership in accordance with the Fair Trading Regulations 2007.

3.2. Period membership agreements continue until terminated in accordance with section six (6).

4. Periodic Agreement Supply Period.

4.1. STARplex memberships have a minimum Supply Period of four (4) weeks.

5. Fixed Term Agreement

5.1. Fixed Term Agreement: A Fixed Term Agreement ends when the Minimum Term ends. You will need a new agreement if you want to keep using Facilities and Services after this and a new joining fee may apply. If you opt for a Fixed Term Agreement we may require that you pre-pay the Membership Fees for the whole Agreement.

5.2. The minimum term of the membership is defined in the membership agreement form and in the membership schedule.

6. Cooling Off Period

6.1. The cooling off period for memberships is 48 hours from when agreement is signed.

6.2. You may terminate this Membership Agreement at any time prior to the close of business on the last day of the Cooling

Off Period by giving us written notice. You must give us notice in accordance with clause 7.

6.3. If you terminate this Membership Agreement during the Cooling Off Period under clause 4.1.

6.3.1. This membership agreement will be terminated within 48 hours of the date your written notice is received by us;

and

6.3.2. We will refund you all Fees you have paid to us under this Membership Agreement.

6.4. If you do not terminate this Membership Agreement during the Cooling Off Period (under clause 6.1), this Membership Agreement will continue in accordance with clause 3 or 4.

7. Personal Training

7.1. Personal Training sessions are non-refundable from the time of purchase.

7.1.1. Personal Training sessions are non-transferrable from the time of purchase.

7.1.2. Cancellation of a Personal Training session with less than 12 hours’ notice will incur full fees.

7.2. Two weeks’ notice is required to cancel Personal Training agreements.

8. Membership Cancellation

8.1. Two weeks’ notice is required to cancel memberships.

8.2. Your periodic agreement may be cancelled at any time during the supply period, the cancellation will take effect at the end time of the supply period.

8.3. You are able to cancel earlier than the supply period but will be liable for the membership fees to the End Time of the supply period.

8.4. A cancellation form must be completed and submitted to the STARplex in person or via email join@starplex.com.au, your membership cancellation with take affect a maximum of two weeks (14 days) from this date.

8.4.1. It remains the responsibility of the member to ensure the cancellation request has been received.

9. Termination within the Fixed Term

9.1. You may terminate this Contract without additional fees prior to the expiry of the Fixed Term with immediate effect by providing us with written notice if.

9.1.1. We make changes to this Contract which adversely affect you.

9.1.2. We breach our obligations to you.

9.1.3. You become subject to medical incapacity. (please refer to clause 12);

9.1.4. You otherwise become entitled to do so under consumer laws.

10. Price Increases/Changes to Memberships

10.1. Fourteen (14) days’ notice will be given in the event of any changes to price structure of the membership. Members will be notified in writing dependent on contact information in our data base at the time of notification.

11. Membership Alteration

11.1. Members may change their membership from type one to another, providing the original terms of the membership are still met (i.e. Twelve-month minimum term still held). Changes can be made via STARplex reception staff.

11.1.1. All Contract Change requests must be submitted at minimum 14 days prior to the effective date of change.

11.1.2. Direct debit members must provide 14 days’ notice before their date of next direct debit for the change to be effective.

11.1.3. The requested change will not be approved until you receive confirmation via email from STARplex.

11.2. Any contract change may only take effect at the end of the current payment period (i.e. at the end of current term for Upfront Memberships, or at the start of the following debit period for Direct Debit Memberships). Given 14 days’ notice is provided.

11.3. Memberships are not transferrable from one person to another under any circumstances.

11.4. While all efforts are made to match you to the most appropriate membership, STARplex take no responsibility for promoting alternative memberships, and will not refund any discrepancies.

12. Medical Freeze

12.1. A medical freeze will occur if a medical certificate is presented after you are unable to utilise the services for more than one consecutive week by reason of an illness or temporary physical incapacity.

12.1.1. The medical certificate must have a start and end date of recommended suspension time for STARplex to accept the certificate and apply freeze.

12.1.2. Medical freeze will be backdated for a maximum of 2 weeks from first date of contact, the medical certificate must be backdated to reflect first date of sickness.

13. Voluntary Membership Freeze

13.1. Four (4) weeks voluntary freeze (except in the case of a My Fit Life membership which is entitled to twelve (12) weeks) can be taken throughout the year where you freeze your membership in accordance with this clause:

13.1.1. We will not charge you a freeze fee;

13.1.2. Freeze must be taken in blocks of 7 days;

13.1.3. All of your membership entry entitlements will be suspended during the freeze period;

13.1.4. For Periodic memberships freeze does not roll over from year to year and will reset at four (4) weeks on January 1st each calendar year.

13.2. Before you voluntarily freeze your membership you must inform us in writing that your membership will be voluntarily freeze at least 14 days prior to the time the period of voluntary freeze begins by:

• Completing a freeze form at reception and leaving it with a receptionist.
• Send or personally deliver a written freeze request such as a letter or email to join@starplex.com.au (please note it is the responsibility of the member to follow up a written request to ensure the request has been received).
• You must pay all membership fees up to the date on which the period of voluntary freeze begins.

13.3. An additional four (4) weeks of Paid Freeze is available to all members. Paid Freeze is available at a fee of $5 per week and is subject to clauses 13.1.1, 13.1.2, 13.1.3, 13.1.4 and 13.2.

14. Right of Exclusion

14.1. We can refuse you entry to the STARplex Premises, cancel your membership and/or terminate this Contract without warning or notice for inappropriate threatening or harassing behaviour, damaging equipment or facilities, STARplex rules being abused or use of illegal or performance enhancing drugs in the STARplex Centre.

15. Facility Access and Change to Services

15.1. Facility access is subject to change and availability at STARplex absolute discretion without notice. During major events, members may have limited access to facilities including pools, classes and other products and services. From time to time, repairs and maintenance will also be carried out within STARplex, and may result in restricted or no access to certain areas. STARplex does not offer any compensation to members in such instances, but will endeavour to provide notice of upcoming maintenance or events where possible.

15.2. STARplex reserves the right to change any program or service due to unforeseen circumstances. Every endeavour will be made to communicate change this to members.

16. Photography/Video

16.1. The filming of people within STARplex is strictly prohibited and offenders will be asked to delete footage leave the centre immediately.

17. Direct Debit Payments

17.1. All information regarding direct debit payments can be found in the DDR terms and conditions (download form) which can be found on the STARplex website here.

17.2. From 18th March 2024 all failed Direct Debit payments will incur a fee of $14.95 which will be passed onto the member. This fee is payable at STARplex reception or via your online portal on the STARplex website.

17.3. In the circumstances that three consecutive debit cycles fail or a debt has been accrued in excess of $150 the membership will be cancelled and an invoice issued for the total amount owing.

17.4. In the first direct debit payment a one-off signup administration fee of $12 will be deducted.

18. Privacy

18.1. The personal information requested as part of the membership application process is necessary to manage and provide membership services, and administer direct debit payments if applicable. This information will be used solely by STARplex for those primary purposes or any directly related purposes, as per our privacy policy. STARplex will make all reasonable effort to ensure the information is only disclosed to authorised staff and authorised external contractors or consultants. You can obtain a copy of our full privacy policy here.

18.2. STARplex may sometimes film or photograph the facilities, and you may appear in these images. By entering into this membership contract, you agree your image may be used in promotional and other business related material. A STARplex representative will confirm your consent.

19. Liability

19.1. By signing a STARplex membership agreement, all members are declaring themselves medically and physically able to participate in physical activity, and understand and accept the adherent risks of undertaking exercise.

19.2. Members indemnify and will keep indemnified STARplex to the extent permitted by law in respect of any claim by any person arising as a result of or in connection with one’s membership and/or participation in any STARplex activity. This release and indemnity shall not apply to the extent that the loss, damage or injury, which is the subject of the claim, is caused, or contributed to, by the negligent act or omission of STARplex.

Schedule of Memberships