In these Terms & Conditions (Terms):
These Terms, together with the Club Standards and Personal Training Terms and Conditions (where applicable) and the following completed documents:
make up all of the terms of a Membership Agreement (Agreement) between you, and us. It is important that you have read and understood all of the terms and conditions of the Agreement before agreeing to these Terms.
In using Saint Haven you agree to comply with these Terms, if you do not agree to these Terms then you must not enter and cease to use Saint Haven.
By completing the Membership Form and using Saint Haven you acknowledge and agree:
The Terms commence on the date that you have completed the Membership Form and accepted these Terms (Contract Start Date). If you have any questions please ask us.
We can assign or any of our obligations under our Agreement with you at any time, on 30 days’ written notice.
Saint Haven members have the privilege of using the club’s facilities and amenities. Members must be at least 18 years of age. Saint Haven asks that the members keep the club informed of up-to-date contact details. Membership is non-transferable except at our discretion in exceptional circumstances. All members and guests must adhere to the Saint Haven Club Standards available at https://sainthaven.com.au/ (Club Standards). If the Club Standards are not followed or any other antisocial or illegal activity observed, you may be deemed in breach of these Terms (please refer to the Breach of Terms provision below). Your membership and access to Saint Haven’s facilities and services commences on the Membership Start Date.
There are 3 membership types: Platinum, Black and Ultimate. You are becoming a member of Saint Haven under the type of membership (Membership Type) stated in your Membership Form. You may change your membership to another Membership Type as long as you qualify for the new Membership Type and you serve any remaining period of your Minimum Commitment Period under that new Membership Type. We must receive notice of any change to your Membership Type at least 3 days prior to the start of the billing period from which you want the change to be effective.
Your membership will start on the membership start date (Membership Start Date) set out on your Membership Form, provided that:
You will be able to access to Saint Haven and book classes and treatments from your Membership Start Date.
Unless otherwise stated on your Membership Form, your membership has a minimum commitment period of 12 months from the start of the first billing period following your Membership Start Date (Minimum Commitment Period), unless terminated under these Terms.
On completion of your Minimum Commitment Period on the end date set out in your Membership Form, your membership will automatically renew for a further 12 month period on our current pricing at the time of renewal. We will provide 30 days notice of this renewal.
Members will have the option to freeze their memberships for a small fee of $7.50 per week for a minimum of 2 weeks and a maximum of 4 weeks per year. Any membership freeze period will extend out the minimum commitment period of a membership (by the same period).
You may only use Saint Haven during opening hours. Saint Haven opening hours can be found on our website and displayed at the Saint Haven entrance, which are subject to change. Saint Haven may be closed at any time in the event of an emergency or due to circumstances beyond our control (including but not limited to power failures, issues with a facility, pandemic or government directions) or at any other time for other reasons including maintenance and cleaning. Only Saint Haven employed trainers and therapists are allowed to provide services within Saint Haven’s facilities. All activities and treatments are taken under the member’s own risk and knowledge (please refer to the health & wellness check form for more information). Please refer to our Club Standards for attire and conduct rules.
You agree that you are medically able to exercise and have obtained approval to use Saint Haven from an authorised medical practitioner and that you have no medical conditions that impact how you plan to use Saint Haven.
You agree to advise us in writing if there are any risks to your health if you use Saint Haven and to provide written clearance from an authorise medical practitioner to continue to use Saint Haven if necessary or otherwise requested by us.
Saint Haven members are required to download the app associated with Saint Haven to manage their bookings for classes, treatments and reservations. Members can seek assistance from the experience team at Saint Haven but are encouraged to learn how to use the app.
Group fitness classes may be booked in advance but failure to show up for a class will result in a $20 fee applied to your account or charged to the credit card supplied. Cancellation of a group fitness class is free of charge until 12 hours before the class begins, otherwise a $10 fee will be applied to your account. We suggest arriving to your class 5-10 minutes prior to the class scheduled start time. The class schedule will be released 7 days in advance for Platinum members and 8 days in advance for Black and Ultimate members.
We understand that sometimes your schedule changes and therefore a full refund or exchange will be offered for treatments that are cancelled with 24 hours or more notice. Haven bookings must be cancelled at least 24 hours before your session if you cannot attend. For no shows or cancellations within 24 hours of the booking no refund or exchange will be offered.
All members are responsible for their own personal property whilst at Saint Haven. We will not accept liability for damage or loss to a member’s or guest’s personal property brought onto Saint Haven’s premises. Members and guests take their own risk with all activities and treatments. Theft of any property or amenity in the business will not be tolerated by members or guestsClub Standards. If you are suspected or found to have undertaken any form of theft then you will be deemed to be in breach of these Terms (please refer to the Breach of Terms section below).
Membership fees are paid in advance on a weekly, quarterly or annual basis depending on your membership type and the payment option selected on your Membership Form. Your membership entitles you to maintain a membership account with us, use Saint Haven’s facilities and services and book and attend group exercise classes according to your membership type. Some benefits will not be available to all membership types. As a Saint Haven member you are personally responsible for payment to us of your membership fees and any other ongoing payments set out in your Membership Form as they fall due. As a member, your membership fees are payable for the whole of your Minimum Commitment Period at the total cost set out in your Member Form. You must pay the membership fee applicable to your membership type at the relevant time. You may only pay your membership fee in advance by direct debit or periodic credit card authority under your Direct Debit Form. No other form of payment will be accepted. Your membership fees are fixed for the initial Minimum Commitment Period. All membership fees are reviewed annually.
You have the ability to cancel your membership at the end of your Minimum Commitment Period. If membership fees change, members will be notified by email 30 days before the fees are changed. After the Minimum Commitment Period, if you do not wish to accept an increase in your membership fees you may terminate your membership. If you do not terminate your membership, you will be required to pay any revised membership fees from the date from which the change becomes effective and your direct debit payments or credit card payments will be amended accordingly.
You will not be allowed to access to Saint Haven if your membership fees remain outstanding. Any failed payment fees will be passed onto the member and missed payments will have a week to make-up this payment before being put onto probation. A member can stay on payment probation for an extended week before we will revoke your membership rights, with payment still being due for the missed payments. We will collect any outstanding amounts and any charges we incur from late payment through your Direct Debit Form (if applicable). If you have a genuine dispute in relation to the collection of outstanding amounts or the charges we incur, please contact us at reception and for recurring membership types in accordance with the dispute procedure set out in the Direct Debit Form.
Your membership has a 14-day cooling off period from the Contract Start Date, during which you may cancel your membership with no fees or ramifications. If you do so, we will refund any amount which you have paid to us after you return your membership card, gifts and any other documentation which we have provided to you upon joining.
You may cancel your membership at any time by giving us written notice. Unless one of the exceptions below apply, if you wish to cancel your membership within your Minimum Commitment Period, you will be required to pay out the remainder of your Membership Fee for the remainder of your Minimum Commitment Period.
Alternatively, you may wish to see out the remainder of your Minimum Commitment Period, in which case, the cancellation will be effective at the end of the Minimum Commitment Period and no cancellation fee would be payable.
You may also cancel your membership within your Minimum Commitment Period and no fee will payable under the following circumstances:
Your membership will terminate at the end of the current billing date provided that we receive your notice at least 3 days prior to the start of the next billing date.
If your membership is cancelled during a billing period, your membership fees are due for the whole of each billing period. Your cancellation will take effect from the first direct debit date after we receive your notice of termination and the administration fee.
If you use Saint Haven contrary to these Terms or our Club Standards or otherwise behave in a way that is illegal or that we consider to be inappropriate, we may ask you to leave or refuse you entry to Saint Haven at any time and review your membership. This review may result in your membership being suspended or terminated effectively immediately or as otherwise determined by us in our absolute discretion, by emailing or writing to you at the contact addresses we have on our records.
If your membership is terminated during that billing period, your membership fees are due up until the end of that billing period.
Any complaints in relation to Saint Haven must be made in writing addressed to Saint Haven Experience Manager via email email@example.com.
If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 are excluded, restricted or modified in the way set out in this form, if you are killed or injured because the services provided were not in accordance with the statutory guarantees outlined below.
Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you:
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the exclusion of these statutory guarantees is brought to your attention by this form.
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.
Without limitation to 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, 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.
We may amend the Terms applying to your membership from time to time. If we do, we will
display the updated terms and conditions on our website. Your continued use of Saint Haven constitutes acceptance of the amended Terms. If you do not agree to any amendments you must stop using Saint Haven.
This Agreement is governed by the laws of Victoria.