Note: All Agreement fees include goods and services tax (GST). Your fees will change in line with any government GST rate changes, even if you are within your Minimum Term. Bank fees may apply to direct debit memberships.

 

 

4. Queries 

• All queries and comments about the services provided under this Agreement should be directed to the Focus Training Centre via the contact details listed on our website/google. 

• The member acknowledges that Debit First has been engaged by the Centre to collect the fees due under this Agreement if paying by way of direct debit, and also acknowledges that all rights of the Centre under this Agreement are able to be enforced by Debit First as if it were the Centre without any involvement on the part of the Centre or the consent of the member. 

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5. Club Access

• All members must present their membership card (or photo ID) upon entry to the Centre at every visit. If you attend the Centre without your access card or photo ID we may refuse your entry. 

• You must scan your membership card or digital access pass and register your attendance for safety, security, and insurance purposes. 

• Your access card is our property and you cannot lend your card or allow anyone else to use it.

• If you lose your membership card or key tag, a replacement can be purchased from Reception upon providing proof of identification.

• All ‘guest visitors’ to Focus Training Centre are required to upon every visit, complete the guest register, and otherwise comply with our general conditions of entry and Centre code as contained in these terms and conditions.

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6. General Conditions of Entry & Centre Code

To assist us in maintaining a safe and comfortable environment for all members and staff, you are required to abide by the following conditions. Failure to abide by these conditions may result in the suspension or termination of your membership. 

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ENTRY: Entry will be refused or you may be requested to leave the Club if:

• You are using abusive or threatening language or behaving in a threatening way; or

• You are under the influence of drugs or alcohol; or you instruct other members when Focus Training Centre has not authorised you to do so; or

• You behave in another way that is considered by Focus Training Centre to be risky or seriously inappropriate.

 

NON-SMOKING: Our Centre’s are non-smoking facilities. The smoking of cigarettes or electronic cigarettes (e-cigarettes or vapes) is strictly prohibited.

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SUITABLE CLOTHES: All members and guests must wear suitable clothes and enclosed sports shoes in any exercise areas. Please remove work boots before entering the Centre.

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TOWELS: You are required to use a clean towel when exercising on gym equipment (including exercise mats) to maintain our hygiene and safety standards. You may be requested to cease training if you do not use a towel. Subject to availability, you may purchase or hire a towel from reception.

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PARKING: You park in the Centre’s car park or on the Centre premises at your own risk. To the extent permitted by law, we are not liable for any loss or damage to your vehicle or its contents.

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MUSIC: Music is provided by the centre via a fixed licensed streaming service, however, the use of personal devices & earphones are recommended in the centre.

 

PERSONAL TRAINING: Personal training services are available in Centre for an additional fee. Please contact us for more information or see the personal training scan code (online booking schedule) available in Centre and make contact with one of the personal trainers directly. Our personal trainers within Focus Training Centre may be contractors, franchisees, or employees. If they are contractors or franchisees and not directly employed by Focus Training Centre then all arrangements for personal training services and payments should be made directly with the personal trainer. Please note only authorised Focus personal trainers are permitted to train members in Focus Training Centre’s. Conducting personal training within a Focus Training Centre without being an approved personal trainer may result in the cancellation of your membership.

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7. Use of Equipment

You are required to return equipment to its original state when you have finished, including:

• Return weights and bars to their rack. 

• Unload plates from machines and bars. 

• Return equipment to its storage location.

• For the safety of you and others, please follow all equipment operating and safety instructions on the equipment. 

• If you are not sure of correct use or operation of equipment, please seek assistance from a team member.

 

As a courtesy to other members, please use a clean towel when using equipment and keep phone calls to a minimum.

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8. Bag Storage, Valuables & Lost Property

• Bag storage is available and is located at the entry of the Centre.

• To the extent permitted by law, Club employees or contractors are not responsible for any loss of, or damage to, personal property from the Centre or a locker. We also recommend that you keep all valuables with you while using the Club.

• The Centre is unable to look after your personal possessions (keys and wallets for example) whilst you are in the Centre.

• Bags are not permitted on the gym floor for safety reasons.

• As bag storage is cleared daily, personal items are not permitted to be stored in lockers overnight. Any items remaining in bag storage or items that have been handed into Reception will be held for two weeks and then donated to charity.

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9. Membership Fee

If you have joined on a direct debit membership, additional bank fees may apply per transaction. Payment failures will incur a $6.60 dishonour fee and will be added to the next following debit date in your schedule. This is a bank fee and is not put in place by Focus Training Centre.

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10. Membership Entitlements

Membership at Focus Training Centre entitles you to:

• Work out as many times as you wish in a given period, subject to any restrictions in your membership type relating to Centre access outside of staffed hours. 

• Use exercise equipment located on the gym floor and cardiovascular training areas. 

• Where applicable, use the other facilities including kitchen, bathroom, shower, and other relaxation & non-gym related zone facilities.

• Focus Training Centre reserves the right to make changes to exercise equipment supplied in any of its Centre’s at any time.

 

11. Corporate Partnerships

You may be eligible to join on a membership that is discounted as a result of an agreement with a Corporate Partner. If Focus Training Centre’s agreement with that Corporate Partner and/or your employment/membership with the Corporate Partner ceases, you acknowledge and accept that your minimum membership term will continue and will automatically revert to the agreed full standard rate. If this occurs as a result of Focus Training Centre’s agreement with that Corporate Partner ceasing then we will provide you with notice as soon as practical by mail or email (at our choice) using the most up to date physical or email address you have given us.
 

12. Children

Minors between the ages of 14 to 17 years may be eligible for a membership subject to the following age policy and the following general terms and conditions:

• The minor must comply with all safety requirements of the Club as communicated to the member from time to time; 

• The minor’s membership may be cancelled for any inappropriate behaviour, misuse of equipment or failure to comply with safety requirements; 

• The minor must comply with the applicable sections of the age policy; 

• All minors must leave the Club immediately once staffed hours have ended; and 

• All minors can only access the Club during staffed hours, subject to the qualifications and exclusions listed in the age policy.

 

Children under the age of 14 are strictly prohibited due to safety and insurance purposes. Unfortunately, we do not provide Creche services at the Focus Training Centre.
 

AGE POLICY

• 14 years

  • Membership is permitted with the consent and signature of the minor’s parent/legal guardian. 

  • Access is only permitted during staffed hours and minors must be directly accompanied by a parent, legal guardian or suitably qualified personal trainer or other accepted exercise professional. 

  • Members in this age group are not eligible to redeem Trial or Guest Passes or similar promotions. 

  • Permitted usage for this age group is as follows (must be directly accompanied by parent, legal guardian or exercise professional):

    • Non weight based group fitness 

    • Cardio equipment 

    • Other equipment prescribed by a medical or exercise professional 

    • Programs developed for minors (subject to age and supervision policy of each specific program) 

• 15, 16 and 17 years

  • Membership is permitted with the consent and signature of the minor’s parent or legal guardian. Minor can access the Club independently during staffed hours only (without parent or legal guardian). Access is not permitted in unstaffed hours, even if accompanied by a parent or legal guardian. 

  • Members in this age group are eligible to redeem trial guest passes or guest visits, only if parent or legal guardian attends the Club on first visit and signs as guarantor on waiver. 

  • Permitted usage is as follows (able to undertake independently):

    • All group fitness classes 

    • All challenges 

    • Weight based equipment 

    • Cardio equipment 

    • Programs (subject to the age policy of each specific program) 

• 18 years and older

  • Standard adult membership terms and conditions apply. All classes and equipment are available subject to any medical advice.
     

13. Legal Responsibility

MEETING YOUR RESPONSIBILITIES

• Your responsibilities, including payment of membership fees, do not depend on how often you use the Centre. 

• You must tell us about anything that affects your membership, and any changes to your contact information and bank details. 

• You must inform us in advance and in writing if there are any risks to your health if you participate in fitness services and if required seek approval from your Doctor or General Practitioner. 

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PROMISING TO TAKE CARE 

You promise to: 

• Make sure that you know how to exercise safely, by asking if necessary; 

• Use your best endeavours to exercise safely; and 

• Not take valuables into the Club, even if you plan to put them in a locker.

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DAMAGE & PERSONAL INJURY 

To the extent permitted by law, Focus Training Centre and Debit First excludes any liability to the member in Agreement, tort, statute or in any other way for any injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by the member and/or any other person, or for any costs, charges or expenses incurred by the member, arising from or in connection with this Agreement and/or the services/products provided by Focus Training Centre and/or Debit First, and/or any act or omission of Focus Training Centre and/or Debit First.

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OUTSIDE PROVIDERS 

Contractors, tenants and franchisees provide some services in our Centres, such as personal training, physiotherapy and massage (Outside Providers). You will need to pay service fees directly to the Outside Providers and we are not responsible for those fees or for any associated costs or refunds.

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Claiming against Outside Providers 

• Any service provided by an Outside Provider is a contract between the Outside Provider and you and we to the extent permissible by law, we do not accept any responsibility for a breach of contract or negligence. 

• If you make a claim because of something an Outside Provider has or has not done, your claim should be brought against the Outside Provider, not us, whether you have paid them or not. To the extent permissible by law you release us from any claim resulting from an act or omission by an Outside Provider. 

 

Asking for our help

• Wherever we can, we will help you to resolve issues with Outside Providers. We will also make sure that personal trainers in our Centres have up-to-date qualifications and insurance. We only allow personal trainers permitted by the Focus Training Centre to work in our Clubs.

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14. Special Conditions for Certain Membership Types

• If there are special conditions or benefits relating to your membership type, these will be either attached to your Agreement and/or displayed on the website and form part of your Agreement. 

• If your membership entitles you to Free Time, you will not be charged your weekly fees for use of the Club during the specified period of Free Time. Free Time will not form part of the minimum term of the membership 

 

15. Renewing Upfront Membership

This term applies only to Upfront Memberships. When your Upfront Membership is due to end you can renew your Upfront Membership at the current membership rate as advertised by Focus Training Centre at the time of your membership renewal. By renewing your Upfront Membership, you agree to the membership terms that apply at that time. 

If you wish to cancel your Upfront Membership for any reason indicated in Section 18 we will refund you 100% of the value of the unexpired term remaining on your Upfront Membership less any applicable cancellation fees as soon as practicable (and within 7 days of termination where legally required).

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16. Overdue Fees & Revocation of Membership Entitlements

All entitlements and entry into any club may be revoked if your account is in arrears and you fail to resolve the debt after being provided reasonable notice. 

If your automatic direct debit reverses or is returned to us by your financial institution the following process will apply: 

• The Centre or Debit First will attempt to contact you about retrying the debit. 

• If the debit remains outstanding it will be processed within 14 days of the reversal with any late fees that apply. 

• If you fail to pay us the fees by the due date, we are entitled to refuse you entry to the Club. 

• If unpaid fees remain outstanding and after attempts by us to rectify the arrears, your membership may be forwarded to a collection agency for further action. 

• The Club reserves the right to vary the process set out in the Debit First Terms and Conditions clause 11 providing you with 30 days advance written notice of any changes. 

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17. Debt Collection Agencies

If paying by Direct Debit, upon default by you in regard to any obligation under this Agreement and failure to remedy the default after notification by Focus Training Centre: you authorise Focus Training Centre to notify any debt collection agency of the default in accordance with the Terms and Conditions.

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18. Cancellation / Termination

A cancellation request should be provided to the Centre as follows:

COOLING OFF PERIOD 

• Your membership is subject to a seven (7) business days cooling off period. 

• The cooling off period applies to new memberships only and does not apply to membership transfers or renewals. 

• The cooling off period starts from the date the Agreement is entered into (the date the Agreement is signed) and ends at close of seven (7) business days later. 

• Your membership can be cancelled during the cooling off period by contacting Focus Training Centre via the contact details as listed on the website. 

• All monies paid will be refunded with the exception of a reasonable administration fee which shall be payable by you if your membership card and/or 24.7 access pass or any other merchandise you received on joining are not returned within seven (7) days of termination of your Agreement.

 

PERMANENT SICKNESS OR PHYSICAL INCAPACITY 

You may terminate your Agreement before the expiry of the Minimum Term if you are sick or incapacitated and time freeze is not a suitable option for your circumstances. You must show us a current certificate from a qualified medical practitioner stating that you cannot utilise any fitness services or facilities foreseeably because of your permanent illness of physical incapacity. 

 

BANKRUPTCY

You may terminate your Agreement before the expiry of the Minimum Term (payment amount) if you are bankrupt and a time freeze is not a suitable option with regard to your financial circumstances. To terminate your Agreement for this reason, you must provide Focus Training Centre with evidence of a Notification of Bankruptcy from the Australian Financial Security Authority (AFSA), confirming your bankruptcy. 

 

 

CANCELLATIONS AFTER COMPLETION OF MINIMUM TERM: 

There will be a period of notice of 14 days unless otherwise specified, from the date of cancellation request to the date of termination, during which any payments that fall due must be paid in full.

The notice period will exclude freeze or payment break time applied to your membership. 

• Any instalments/fees due at the date of termination (including instalments/fees which fall due during the notice period) will remain a debt owed to and recoverable by Focus Training Centre.

• You shall not consider that your Agreement has been terminated until such time as this is confirmed in writing to you by Focus Training Centre (not more than 14 days after the termination date). Termination of your Agreement will also terminate the Direct Debit Request Authority.

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ONGOING MEMBERSHIP AGREEMENTS: 

• If your contract is designated as an ‘ongoing membership’ on the front page, you acknowledge that unless you provide notice of termination of your membership prior to the end of the minimum period, your membership fees will continue to be deducted until you give us 14 days notice of your intent to end your membership

• If your contract is designated as a ‘fixed term membership’ you acknowledge that it will terminate at the end of the term displayed on the contract unless you renew prior to that date

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CANCELLATION FOR ANY OTHER REASON (within Minimum Term): 

You may terminate your Agreement before the expiry of the Minimum Term (or payment amount) if all instalments and fees due up to the date of termination are paid and the relevant cancellation fee is paid in full at time of cancellation request. The cancellation fees for all membership options are as follows: 

• If there is 12 months or more of membership fee equivalent remaining on the Minimum Term of the Agreement= $200. 

• If there are less than 12 months but more than 6 months of membership fee equivalent remaining on the Minimum Term of the Agreement= $150. 

• and, if there are less than 6 months of membership fee equivalent remaining on the Minimum Term of the Agreement= $100 OR the amount of the future membership fees payable whichever is the lesser).

 

You can cancel your membership by: 

• Speaking to the team at reception or calling Focus Training Centre.

 

Confirming your request. When you do this, please always:

• give us your email address so we can confirm your request in writing; and keep a copy of your request.

 

You may be liable for further damages for breach of contract if you terminate the Agreement in a manner not described in the Agreement.

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TERMINATION BY THE CLUB:

The club reserves the right to terminate this Agreement in any of the following circumstances: 

• You fail to abide by any of the criteria listed in the conditions of entry (posted in your club) after being notified of any failure; 

• You fail to abide by the obligations listed in this Agreement and the breach/non-compliance is incapable of remedy or you fail to remedy the breach/ non-compliance within 14 days of being notified by Focus Training Centre or you continue to breach this Agreement; 

• If we reasonably believe that you have engaged in conduct that infringes on the health, safety or wellbeing of any other members or staff; 

• The temporary or permanent closure of the Centre where a suitable replacement club is not available for the membership to transfer; or 

• To protect the health and safety of you or other members. 

In the event of a termination under this provision and where appropriate, you are  eligible to be refunded the proportion of fees paid under any Upfront Membership representing the unused portion of the Agreement less any applicable cancellation fees. This excludes any Focus Training Centre membership delas at a reduced price outside of the membership options defined in section 3.

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TERMINATION BY THE MEMBER 

Members are permitted to terminate this Agreement, without incurring a cancellation fee, in the following circumstances:

• Where these terms and conditions are varied in accordance with clause 25 or a club code is changed and you are adversely affected by the change. For the avoidance of doubt however, changes to club timetables, facilities, equipment and hours of operation do not permit you to terminate this Agreement under this clause. 

• If we breach our obligations to you and we do not fix the breach in a reasonable time after you have told us about it in writing. We will refund you any membership fees you pay between the date of notification and the date on which we decide that we cannot fix the breach.

• Where there is a permanent closure of the Club where a suitable replacement club is not available for you to transfer. 

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19. Membership Freeze

You can freeze your membership for a minimum period of 2 weeks, up to a maximum of 4 weeks each calendar year at no cost (unless a different fee is specified on the front of this Contract).

• You must first contact Focus Training Centre at least 3 days prior to the start date of the freeze. 

• If your membership type provides for a free membership freeze, no fee shall apply for the period of the membership freeze. 

• After the period of free membership freeze (if any) in your membership type, any additional freeze shall be charged at a cost of $5.00 per week (unless a different fee is specified on the front of this Contract).

• Before freezing your membership, you must make sure your fees are up to date and there are no arrears outstanding on your account.

Please note that if you are within your minimum term, any time freezes are not classified as a full payment toward your contract and so your Minimum Period will be extended by the length of any freeze.

Note that we cannot backdate any time freeze requests. You must request a freeze three days prior to the start date of the freeze. 

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TIME FREEZE FOR CLUB CLOSURES 

If we are required by the state or federal government to temporarily close our clubs in your local State (Closure Period), we will freeze your membership for that Closure Period. If this occurs:

• You are entitled to request cancellation of your membership during the Closure Period (applicable cancellation fees will apply) but processing of the cancellation may be delayed until after the Closure Period has ended. 

• Please refer to section 18 regarding the terms that apply to cancellation of your membership.

In addition, if the Club is closed for a period of more than one week (e.g. due to refurbishment) and there is no suitable alternate club available for you to use then you may request that your membership be frozen until the Club re-opens (Closure Period). 

Any membership freeze which occurs as a result of a Closure Period does not:

• Count as part of a member’s Minimum Term/ Supply Period

 

Unless the law requires otherwise, membership freezes which occur as a result of a Closure Period are not classified as a full payment toward your contract.

 

20. Transfer

You can transfer your membership to another person (transferee) within the Minimum Term of your Agreement so long as the transferee: 

• Is not a current member; 

• Has not been a member in the last 3 months; 

• Completes the new membership sign-up process; 

• Is eligible to take up your membership (for instance, you cannot transfer a corporate or concession membership to someone who would not qualify for that membership); and 

• Has not previously been banned from Focus Training Centre or failed to pay membership fees. 

The transfer is effective only after the transferee has completed the sign-up process. Transferees of a membership are subject to the same membership terms and conditions as the transferor. We do not allow transfers once you have completed your minimum term. You also cannot transfer foundation, family or friends memberships.

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21. 24/7 Terms of Entry & CCTV

24/7 ACCESS PASS

All members are required to complete the Centre's safety induction before they can access the Centre outside of staffed hours. 

• For member’s safety, you cannot ask another member to provide you with access to the Centre in unstaffed hours. 

• You must not admit guests or in any way facilitate unauthorised access to the Centre. If you breach this obligation, you will be notified by the Centre and a casual $10 fee will be payable to the Centre. Subsequent breaches of this obligation will incur additional tailgate fees, and risk revocation of 24.7 access and membership cancellation. 

• If you deliberately use the emergency system inappropriately, you agree to pay any costs, loss or damage incurred because of the inappropriate use.

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CHILDREN AND MINORS

• Members that are 17 years old and under are not eligible for 24.7 Memberships as they are only allowed access during staffed hours. For further information, please refer to our Age Policy in section 12. 

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GENERAL INFORMATION 

• You will read and follow all safety instructions displayed on equipment and throughout the Centre. 

• Do not bring valuables into the Club. Any belongings that you choose to bring into the Club should be kept on you at all times or secured in the lockers provided. 

• The Centre will take no responsibility for lost or stolen items. 

• The Club is monitored by Closed Circuit Television (CCTV) at all times.

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22. CCTV

• You acknowledge and understand that CCTV will be installed in appropriate areas within each centre and surrounds as a strategic component for team member, member and contractor safety and crime and misconduct prevention. 

• By entering our club, you consent to being filmed under CCTV for these purposes and understand that we will only use and store your image in accordance with our Privacy Policy.

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24. Additional Safety Measures

Your safety and the safety of other members and our staff is of utmost importance to us and we may, from time to time, introduce reasonable health and safety measures (including for example temperature checks prior to accessing our facilities in response to COVID-19) to ensure your safety and safety of other members and our staff. If we make any reasonable health and safety measures a condition of entry and you refuse to comply with these measures, you may not be permitted to enter the Centre at our discretion unless a medical exemption applies (and we are provided with appropriate supporting documents). 

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25. Staying Up To Date With Your Terms

We may sometimes change our terms and conditions. This includes changing a centre’s opening hours, its services and facilities and membership fees. Sometimes, we may also close centres for refurbishment. We do not reduce your membership fees because your club is closed for renovations or repairs (where a suitable substitute club is available) or for a public holiday. The most up-to-date terms and conditions always apply. You can find copies at your local center or on our website www.focustrainingcentre.com.au  

If we reasonably consider that any change to the terms and conditions is likely to benefit you or be of no, or immaterial, detriment to you, we can make the change immediately and do not need to notify you. 

For all other changes, we give you at least 30 days notice of any changes, for instance by:

• Publishing them in our newsletter or on our website; or 

• Placing a notice in the Club; or 

• Calling you or writing to the address (post or email) you last gave us. 

If we suspend a club’s operations or services, temporarily or permanently, we may send you a written notice offering you a transfer to another centre

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26. Having Your Contract Transferred

We can assign or transfer the benefit of your contract to a person, firm or company at any time, provided we are reasonably satisfied that the person, firm or company is capable of performing its obligations under this contract. We will give you 30 days’ prior notice in writing. 

We can also sub-contract our obligations to someone else without notice to you. But if we do, we are still responsible for ensuring those obligations are met.

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27. Privacy Policy

Your “personal information” (as that term is defined in the Privacy Act 1988 (Cth)) will only be used by Focus Training Centre or Debit First in accordance with the provision of their Privacy Statements. 

Debit First Privacy Statement can be obtained from its website https://secure.debitfirst.com  

The Focus Training Centre Privacy Statement can be obtained below or from its website.

Privacy Policy:

Focus Training Centre is committed to ensuring that all personal information that is disclosed in consultations and sessions will remain confidential and only be accessible by appropriate instructors. All personal information is stored in a secure location protected from unauthorized access, modification or disclosure. All staff are regularly reminded of the importance of this matter and any breach in privacy is not tolerated.

 

MARKETING PERMISSIONS 

We sometimes film or photograph the Centre so it is possible you will appear in the background. By signing your Agreement, you allow us to use your image in promotional and other business-related material.

Focus Training Centre will use the contact details you have provided above to contact you about your membership. Focus Training Centre, related companies and companies we engage to perform services on our behalf, may also contact you from time to time both during and after your membership with information about fitness and wellness, promotions, special offers and other materials about Focus Training Centre and related companies' service and products. Focus Training Centre will not provide your personal information or contact details to unrelated third parties. Depending on your preferences, you may be contacted in the following ways: mobile, email and/or SMS. You can change your mind at any time about receiving marketing materials by contacting info@focustrainingsystems.com.au

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28. Entire Agreement

• This Agreement and its Annexures, and the DDR Service Agreement (if paying by Direct Debit), and any Special Terms & Conditions listed on the website constitute the entire agreement, understanding and arrangement (express and implied) between the Member, Focus Training Centre and Debit First relating to the subject matter of this Agreement and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.