The below terms and conditions are applicable to the Toll House Health & Wellness facility located in Moore Park as of 19 April 2023.
Starting your Membership
You may purchase a Membership from us by choosing a Membership Option and completing a membership application on the Site.
You agree to provide accurate, current and complete information during the registration process and to advise us of any changes to the information.
It is your responsibility to check your chosen Membership Option, applicable Fees and these Terms, before you submit your application.
These Terms take effect on the Start Date.
Minimum Commitment Period
All memberships, excluding the Fitness Passport Reformer Pilates Class Membership, are subject to a 12-week Minimum Commitment Period.
Your membership is ongoing, and it is an agreement that will continue after the initial term (12 weeks) until either you or we terminate it in the way described in these Terms.
Fees will continue to be debited from your credit card or account until you or we cancel the arrangement.
If you terminate these Terms or stop the automatic debit arrangement in a manner not described in the agreement, then you may be liable for damages for breach of contract.
Suspension of your membership will be unavailable until the Minimum Commitment Period has concluded.
A Cancellation Fee will apply if you request a cancellation of your membership before the conclusion of your minimum commitment period.
Cancellation Fee means the addition of (i) full payment of your Membership Fees for 14 days after you have notified us of your termination request and (ii) 50% of the Fees outstanding for the remainder of the Minimum Commitment Period from 14 days after the notification date.
All cancellation requests must be submitted via emailing our firstname.lastname@example.org including your reason for needing to cancel.
Suspension of your Membership
All memberships are entitled to 28 days membership suspension (per calendar year) following their initial Minimum Commitment Period.
Minimum 3 days’ notice is required for any suspension request, and this must be submitted via email to our email@example.com
A membership must be placed on suspension for a minimum of 7 days. Membership suspension is not available for periods shorter than 7 days.
Medical Certificate is required to be supplied should the request be for medical reasons and extend beyond a 28-day period.
Change of Membership Type
A change of your membership type may be requested with 7 days notice by emailing the management team at firstname.lastname@example.org
Full payment of your Membership Fees for the 7 days after you have notified us of your membership change request will be collected via direct debit.
IMPORTANT: A change in membership type at any time will immediately restart your 12-week Minimum Commitment Period.
Your initial Membership is subject to a 7-day cooling-off period which commences on the Start Date. The cooling-off period ends 7 days after it starts.
During the cooling-off period you can terminate your membership by giving notice to us in writing and we will refund the membership fee minus the fee for any services provided as set out in this Agreement.
Parties to Contract
The “Branch” means the organisation providing the service for which the Customer is paying being Clublinks Management Pty Ltd Trading as The Toll House Health & Wellness. The “Customer” means you: the person or party entering this Contract.
Provision of services provided by the Branch may change and for the purposes of this Contract is based on “entitlement” to use and not on actual use. By entering into this agreement, you are agreeing to be bound by the rules and conditions of the Branch. The Management at the Toll House Health & Wellness reserves the right to cancel the rights of any member not complying with the conditions of membership or rules of the Branch at any time.
Provision Of Service
Change of location or ownership or the name of the Branch does not absolve you of your responsibilities under the terms and conditions of this Contract.
This Contract constitutes the entire agreement, understanding and arrangement (express and implied) between you, the Customer, and The Toll House Health & Wellness relating to the subject matter of this Contract and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.
You acknowledge and agree that:
- General Membership Terms
- the provision of some, or any, of the Membership Services may be subject to availability or a screening process which you will be required to fulfil (including completion of our pre-fitness questionnaire and showing us appropriate identification documentation at your first visit to the Premises). We reserve the right to refrain from providing you the Membership Services if you fail to fulfil the requirements of the screening process, but we will refund any Fees paid for you in this case;
- where your answers to the pre-exercise questionnaire indicate that you may be at risk from participating in the certain activities, we will not supply these activities to you unless you provide us evidence from or state in writing that you have received advice from an appropriate health professional to the effect that you are, in the opinion of the practitioner or health professional, not at risk from participating in the proposed activity;
- we (through our Personnel) may introduce other Membership Services or offer additional services, from time to time, in our absolute discretion. We will determine the fee (if any), scope and conditions of new Membership Services or additional services at our discretion. You will need to pay applicable fees directly to the provider of the additional services and agree to separate terms and conditions. We are not responsible for additional services provided by a third-party including fees or any associated costs, refunds or claims, unless they are provided by us.
- we may make changes to the Membership Fees, from time to time, by giving you at least 60 days’ notice. If we give you notice of any changes and you do not agree to the changes, you may notify us of this before the new Membership Fees come into effect and you may terminate these Terms at the end of the 60-day notice period. You must pay your Membership Fees until the end of the 60-day notice period but you will not be liable to pay a Cancellation Fee; and
- we may make other changes to these Terms, from time to time, by giving you at least 30 days’ notice. If we give you notice of any changes and if you do not agree to the changes and if you are adversely affected by the changes, you may notify us of this and provide us evidence of the adverse effect before the new terms come into effect and we will either remedy your concerns or you may terminate these Terms at the end of the 30 day notice period. In this case, you must pay your Membership Fees until the end of the 30-day notice period but you will not be liable to pay a Cancellation Fee.
- Rules of Conduct
- People with medical conditions such as heart conditions, epilepsy etc., must report their conditions at the time of signing up or to their instructor and provide medical clearance from their doctor.
- No glassware. E.g. glass drink bottles cannot be brought into the Toll House facility.
- Any behaviour which is considered offensive, inappropriate or interferes with the enjoyment of other patrons within the Facility will not be tolerated.
- Patrons must follow all directions given by Facility staff.
- Towels must be used while using the gym facilities.
- Patrons must report any breakage or damage to equipment immediately to the gym attendant or facility staff.
- Bags are not permitted on the gym floor. Please use lockers
- Patrons enter this Facility at their own risk and release Toll House Health & Wellness from any and all injury which may be sustained while they are at the Facility and consent to receiving any medical treatment that the Facility’s staff may reasonably consider necessary or desirable in the event they suffer.
- Failure to comply with these conditions may result in the individual or group being refused entry to the Facility of being asked to leave. Refunding of any monies will be refused.
- The Toll House Health and Wellness is a smoke, drug and alcohol-free site.
- You must comply with the Toll House policies and procedures, applicable laws (including public health orders), and these terms etc. CCTV is in operation throughout the Facility. You may be recorded.
- We may require personal information from you to enter the Facility including name, address, contract information and ID. A face photo will be taken for memberships and stored against your account.
- Conditions of Entry
- Ages 0-12 years old – not permitted on gym floor or group exercise classes
- 13-15 years old – Must train with a parent or legal guardian. Cannot be left alone. Can do group exercise classes with parent/guardian.
- 16-17 years old can either:
- Use the gym floor by themselves provided parental consent & health check has been obtained. They also need to complete a gym orientation session with a Personal Trainer (free).
- Use the gym floor or classes with a parent or guardian doing it with them.
- You agree to pay us the Fees and any other amounts payable to us under these Terms by direct debit payment on the Start Date of your membership and every week, or as otherwise agreed between the parties. First membership payment will process on the day of membership sign-up completion and payment type approval.
- We will endeavour to contact you by phone, text or email to inform you of any overdue payments. In the event that we cannot contact you, we will provide you with written notice of overdue payments.
- If any payment has not been made within 14 days of the due date, we may (at our absolute discretion) immediately cease providing the Membership Services.
- We reserve the right to engage debt collection services for the collection of unpaid and undisputed debt, and the right to commence legal proceedings for any outstanding amounts owed to us.
Group Fitness Class Terms & Conditions
From Monday 13 March 2023 the following terms and conditions are applicable to all group fitness classes held at The Toll House Health & Wellness. A group fitness class is defined as any class listed on The Toll House Health & Wellness timetable.
- A 10-hour lockout will be in place for all group fitness classes moving forward. This means that if you wish to cancel your booking to a group fitness class, this must be done no less than 10 hours prior. For example, if you have a 6:05am Reformer Pilates class booked in, you must cancel your booking no later than 8:05pm the night prior.
- Users who do not attend a booked class and have not cancelled their booking prior to the cancellation lockout will be considered a no-show and given a Strike.
- Users who accrue three (3) strikes within 90 days of their first strike will have their class booking capabilities locked.
- To unlock class booking capabilities, users will need to speak to The Toll House Manager and pay a $30 account unlocking fee.
Back-to-back Reformer Pilates Class Restrictions
- Users are permitted to book in for one (1) Reformer Pilates class only at times where the classes are scheduled back to back. E.g. Saturday mornings at 8:30am and 9:30am.
- Should a user book into multiple Reformer Classes, Toll House staff will consult with the user before removing their booking from the second class.
- Users are encouraged to plan ahead and book for one class at any given time.
Booking Closures Prior to a Group Fitness Class
- Users will have to up one (1) hour prior to a scheduled group fitness class time to make a booking.
- Once the class is within one (1) hour of it’s scheduled time, classes can no longer be booked.
Paid In Full Membership Terms & Conditions
- By purchasing a Paid In Full Membership, you agree to the below terms and conditions.
- The membership start date is the date of purchase and it cannot be opted to start on a later date.
- Following the end date of the Paid In Full Membership, the member must then purchase another specific term or month-to-month membership.
- The purchaser of a Paid In Full membership agrees to all of the terms and conditions listed for general memberships (see the top of this page).
Fitness Passport Membership Terms & Conditions
- Fitness Passport Members receive access to The Toll House Health and Wellness facility as part of their Fitness Passport membership. From September 1, 2022 all Fitness Passport Members will be required to pay an additional fee to access Reformer Pilates classes.
- From July 1, 2023 all NEW Fitness Passport Members to access the Toll House will be required to pay a joining fee of $49.95 to access The Toll House Health & Wellness Facility.
- From August 21, 2023 there will be an access fee required for Yoga classes. This fee is $9.95 per class with packs of 5 and 10 classes available for purchase through the MyWellness shop.
- Members can purchase the add-ons by logging into their MyWellness Account.
To the extent permitted by law, Toll House Health & Wellness shall not be liable or responsible to you for any direct, indirect, or consequential injury, loss or damage whatsoever and however arising. Toll House Health & Wellness is not responsible for lost or stolen items or damage to property or vehicles. Acknowledging this risk, you agree to use the Branch at your own risk.
Toll House Health & Wellness from time to time will send you news and information regarding the Facility. You can unsubscribe at any time using the link at the bottom of our emails or by contacting Toll House Health & Wellness. Toll House Health & Wellness may take photos and imagery of the facility and activities facilitated by Toll House Health & Wellness staff. These may be used on our social media/digital outlets to promote the facility and its offerings. Toll House Health & Wellness will only keep on file personal information that is needed to provide the requested updates or service to you. You may request to see your personal information held on file by us. Toll House Health & Wellness will not sell or give your personal information to any third parties without your express consent unless we must do so to provide the requested service or as required by law. The data provided may be provided to Toll House or any other person from time to time who is engaged to manage and operate the Facility. If you do not wish to receive these updates, you may unsubscribe at any time. This data will not be used for any marketing or communication purposes not directly related to this event and will be used in accordance with the NSW Privacy and Personal Information Protection Act 1998.