In these Terms & Conditions (Terms):
- you refers to the member named the Membership Form;
- we, us, our refers to Saint Haven Management Pty Ltd ABN 42 826 196 504;
- Saint Haven refers to the Saint Haven Private Wellness Club located at 23 Wellington Street, Collingwood, VIC, 3066.
These Terms, together with the Club Rules, Personal Training terms and conditions, special terms and conditions (where applicable) (made available on our website and displayed at the Saint Haven entrance) and the following completed documents:
- your Membership Application;
- your Direct Debit Form (if applicable to your membership);
- the risk and liability warning; and
- your Pre-exercise Questionnaire;
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:
- to use Saint Haven in accordance with the obligations set out in these Terms;
- you are medically able to undertake exercise and use Saint Haven at your sole risk and responsibility;
- that exercise can be physically strenuous and draining and your use of any equipment or facilities in Saint Haven may expose you to inherent risks, including accidents, injury illness and even death; and
- you assume all risk of injuries or death associated with entry to, and/or use of Saint Haven.
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.
Membership.
Saint Haven members have the privilege of using Saint Haven’s facilities and amenities. Members must
be at least 18 years of age. We ask that the members keep us informed of up-to-date contact details and emergency contact details. Membership is non-transferable except at our discretion in exceptional circumstances. Our membership team reserves the right to suspend or revoke your membership should these Terms or the Club Rules not be followed or any other antisocial or illegal activity observed. Your membership and access to Saint Haven’s facilities and services commences on the Membership Start Date
Membership Types.
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.
Membership Term.
Your membership will start on the membership start date (Membership Start Date) set out on your Membership Form, provided that:
- you have accepted these Terms, your Membership Form, and your Direct Debit Form (if applicable);
- you have completed a satisfactory Pre-exercise Questionnaire and, if applicable, provided any other medical details of your health and fitness to our satisfaction; and
- we have received the required payments as set out in your Membership Form.
You will be able to access to Saint Haven and book classes and treatments from your Membership Start Date
Minimum Commitment Period.
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.
Use of Facilities & Services.
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 Rules for attire and conduct rules.
Medical advice.
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.
Bookings.
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.
Group fitness classes may be booked in advance but failure to show up for a class will result in a $10 fee
applied to your account or charged to the credit card supplied. Cancellation of a group fitness class is free of charge until 2 hours before the class begins, otherwise a $5 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.
Haven.
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.
Theft.
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 guests refer to the Club Rules.
Membership Fees & Payments.
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 are to 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.
Privacy.
The information you provide on the Membership Form is used for the purpose of providing your membership and collecting any membership fees. The information may be disclosed to our contractors for the purpose of collecting your memberships fees. If you do not provide all of the information requested we may not be able to provide you with a membership to Saint Haven. From time to time we may need send you essential information about your membership or use of Saint Haven. We would also like to send you marketing and other related information (for example, information about wellbeing) relevant to your Saint Haven membership from time to time, we will only do this with your consent. If the information you submitted on your Membership Form changes please let us know as soon as possible at Privacy Officer, info@gurner.com.au. You can read more about how we collect, use and disclose your personal information in our Privacy Policy which is available at https://sainthaven.com.au/privacy-policy-saint-haven/.
If you log into a machine or equipment to track your work out using your Technogym login, Technogym will be
collecting your personal information subject to their terms of use. A photograph will also be taken and stored on your membership account for security purposes.
Cooling Off.
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.
Freeze.
You have the option to suspend or freeze your membership for a non-refundable fee of $7.50 per week for a minimum of 2 weeks (fortnightly billing period) and a maximum of 12 weeks on only one occasion per year. Any freeze period will extend the Minimum Commitment Period of your membership by the same period of time as the freeze period. You can notify us at any time in writing that you would like to freeze your membership but we must receive your notice at least 3 days prior to the start of the first billing period you wish to freeze. You will not be able to use Saint Haven while your membership is frozen.
Cancellations.
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:
- If you move or relocate 10km’s or more away from a Saint Haven club that is currently open in Australia. Proof of relocation is to be provided (for example, a lease agreement, change of address or utilities bill);
- A medical practitioner deems that you are unable to participate in exercise or wellness/recovery treatments for a period longer than 6 months. Supporting documentation to be provided by a medical professional; or =
- You are declared bankrupt and you provide us with reasonable evidence such as copies of Court documentation or orders.
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.
Breach of these Terms.
If you use Saint Haven contrary to these Terms or our Club Rules or otherwise behave in a way
that is illegal or that we consider to be inappropriate, we may suspend or terminate your membership by emailing or writing to you at the contact addresses we have on our records as we consider reasonably appropriate and can refuse entry to Saint Haven at any time.
If your membership is terminated during that billing period, your membership fees are due for the whole of each billing period.
Complaints.
Any complaints in relation to Saint Haven must be made in writing addressed to Saint Haven Experience
Manager via email collingwood@sainthaven.com.au.
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
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:
- are rendered with due care and skill; and
- are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
- might reasonably be expected to achieve any result you have made known to the supplier
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.
Liability.
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.
Amendment of Terms.
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.
