Elements4Life (E4L) Membership Terms & Conditions – Updated

ABN: 40 644 961 295

Address: 79 – 81 / 170 Flemington Road, Harrison (Nullabor Road Side)

Company: 432 Lifestyles Pty Ltd is the company. Elements4Life is a trading name for the gym network.  432 Lifestyles Pty Ltd is the company. Elements4Life is a trading name for the gym network. 

1. Introduction & Duty of Care

1.1 Welcome

Welcome to Elements4Life (E4L). By signing up for an E4L membership or using our Services, you confirm that you have read, understood, and agree to these Terms & Conditions and our Privacy Policy.

1.2 Duty of Care

Please read the following Terms & Conditions before signing your membership agreement. Sign only if you fully understand and accept them. We aim to provide a safe, enjoyable environment; however, you participate at your own risk.

2. Definitions

• E4L / We / Us / Elements4Life: Refers to Elements4Life.
• You / Member: Refers to the individual named on the membership agreement.
• Services: Refers to all physical, digital, virtual, and online training, fitness, and health solutions offered by E4L.
• Term of Agreement: The minimum commitment period you have agreed to (e.g., 2 weeks, 3 months, 12 months). If not otherwise specified, a rolling membership with at least a 2-week minimum applies.

3. Membership Options & Minimum Term

3.1 Flexible & Upfront Memberships

• Flexible Direct Debit: Ongoing weekly or fortnightly direct debit with a minimum of 2 weeks.
• Upfront Commitments: May be offered at discounted rates (e.g., 3, 6, or 12 months). The fee is paid in advance.

3.2 Automatic Renewal

• If you have a fixed-term membership (e.g., 3 months), it will automatically roll over to an ongoing membership unless you provide written notice of cancellation at least 14 days prior to the end of the term.

3.3 Switching Plans

• You can upgrade or downgrade at any time.
• Cost differences are calculated on a pro-rata basis.

4. Membership Payments & Failed Transactions

4.1 Payment Schedule

• All membership fees are paid in advance via direct debit (weekly or fortnightly).
• Direct debits occur every Thursday at 12:01 AM AEST (unless otherwise stated).

4.2 Sufficient Funds

• You must ensure your account has sufficient funds at each billing date.

4.3 Failed Transactions (NSF)

• If a payment fails due to insufficient funds, a $12 Non-Sufficient Funds (NSF) fee applies.
• You are responsible for any additional fees charged by your bank.

4.4 Processing & Transaction Fees

Visa/MasterCard

• A 1.50% bank processing fee is charged for all direct debit transactions using Visa/MasterCard.
• A $0.30 adminstration fee is charged for all drect debit transactions using Visa/MasterCard.

Direct Bank Account

• A $0.55 adminstration fee is charged for all drect debit transactions using a Direct Bank Account.

AMEX

• A 3.00% bank processing fee is charged for all direct debit transactions using AMEX.

Notice Period

• This may be updated in line with third-party billing providers, with 14 days’ notice.

4.5 Outstanding Fees & Debt Collection

• If your membership fees are overdue for more than 30 days and no payment plan is arranged, E4L may suspend or terminate your membership.
• E4L may engage debt collection agencies (e.g., EC Credit Control, CollectMore), which can add recovery fees (up to 30% of the outstanding amount) plus a $99 default fee.
• You agree that E4L may provide your personal information to these agencies in accordance with our Privacy Policy.

4.6 Unauthorized Cessation of Direct Debit

• If you cancel your direct debit outside the proper cancellation procedure, you remain liable for any unpaid fees until your membership is formally canceled per these Terms.

5. Additional Charges & Fees

5.1 Annual Community Maintenance Fee – $39.90 Per Year

• Helps keep your membership rate locked in, even if prices increase for new members.
• Contributes to facility maintenance, new equipment, and other club improvements.
• Charged on the annual anniversary of the membership from start date.

5.2 One-Time Sign-Up Fee – $29

• Covers administrative setup, facility access, and technology integration.
• Non-refundable and payable at the time of joining.

5.3 Membership Suspension Fee

• See Section 7: Membership Suspension Policy for details.
• Any suspension requests beyond the allocated time incur $8 per additional week.

5.4 Non-Waiver Policy

• All fees are mandatory, non-refundable, and non-negotiable.

6. Cancellation & Cooling-Off Period

6.1 Cancellation Process

• To cancel, you must give 14 days’ written notice (via email).
• Any membership fees due within those 14 days remain payable.
• Memberships cannot be canceled via phone, text, or social media messages; only written email requests are accepted.

6.2 Early Cancellation (Within Minimum Term)

• Canceling before the minimum term ends (if any) may incur a $99 cancellation fee unless otherwise stated in your specific membership agreement.
• All outstanding fees must be settled before cancellation can be processed.

6.3 Cooling-Off Period

• All new memberships include a 7-day cooling-off period starting from the signup date.
• Canceling during this period incurs a $49.95 administration fee, and standard usage fees apply for any classes or services used during that time.

6.4 No Refunds

• Elements4Life does not offer refunds for membership fees already paid.

7. Membership Suspension Policy

7.1 Suspension Allowance

• You may pause your membership for up to 4 weeks per calendar year without additional charges.
• Additional weeks beyond the included 4 will be charged at $8 per week.

7.2 Suspension Notice & Conditions

• You must provide 30 days’ written notice for any suspension request.
• Suspensions are forward-dated only, and the minimum suspension period is 7 days.
• Your account must be up to date (no outstanding fees) for the suspension to be valid.

7.3 Circumstances

• Suspensions may apply for personal health issues, work commitments, natural disasters, or global events.
• If you do not meet the notice requirements, normal fees continue to apply.

8. Membership Access & Security

8.1 Facility Access (FOB)

• The facility is secured by a FOB system. Each FOB is assigned to an individual membership and cannot be shared or transferred.
• A lost FOB incurs a $20 replacement fee.
• You must have an active and fully paid-up membership to gain access.

8.2 Guest Entry Violation

• Allowing a non-member to enter without prior management approval results in a $150 fine and possible membership termination at E4L’s discretion.

8.3 Opening Hours & Timetable Changes

• The gym is open 365 days a year, including public holidays.
• Management reserves the right to adjust the timetable (e.g., on holidays or special occasions) at its discretion.

9. Services Overview

9.1 Physical, Digital, Virtual & Online Services

• E4L offers various training formats: face-to-face, virtual live streams, recorded videos, online programs, and more.
• All these formats are considered core services of your membership. In the event that physical services are disrupted, your membership may pivot to online/virtual services at the same rate.

9.2 Unlimited Access

• Certain membership tiers provide “unlimited” access to multiple services and classes as scheduled on our weekly timetable.

10. Exceptional Circumstances Clause

10.1 Natural Disasters & Pandemics

• If physical services are disrupted, E4L will arrange alternative virtual/online solutions.
• Membership fees will remain active unless you request a suspension or cancellation in writing, subject to these Terms & Conditions.

10.2 No Automatic Refunds

• Membership fees will not be automatically refunded during such disruptions; instead, alternative services will be provided or your account may be suspended as per your request.

11. Misconduct & Bad Behaviour

11.1 Standards of Conduct

• All members must behave respectfully toward staff, coaches, and other members. Drunkenness, drug use, verbal or physical abuse, and harassment are strictly prohibited.

11.2 Management Rights

• E4L reserves the right to suspend or terminate any membership for misconduct or bad behaviour. This decision is at management’s discretion and is effective immediately upon notification.

12. Under-18 Policy

12.1 Age Requirements

• Minimum age for entry is 14. Anyone under 18 must have a parent/legal guardian’s written consent and signature on membership documents.

12.2 12–13-Year-Olds

• General Access: Only under direct supervision (parent/guardian or an E4L coach).
• Cardio/Weights: Permitted if approved by a medical or exercise professional and directly supervised.
• Classes: Not permitted.
• A supervising parent/guardian can attend as a free guest; otherwise, guests pay a Casual Visit Fee.

12.3 14–17-Year-Olds

• Can attend unsupervised once forms are signed by a parent/legal guardian.
• Permitted to use cardio/weights and attend group classes.
• Must adhere to gym etiquette; management may refuse entry for non-compliance.

13. Footwear & Clothing

13.1 Dress Code

• Members must wear appropriate athletic footwear (closed-toe) at all times—no steel caps, thongs, sandals, or bare feet.
• Clothing must be respectful and non-offensive.

14. Pigeon Holes & Personal Belongings

14.1 Storage

• Pigeon holes are provided for personal belongings.
• E4L is not responsible for any lost, stolen, or damaged personal items on the premises.

15. Transfers

15.1 Transfer Fee

• Memberships can be transferred to another individual for a $55 transfer fee.
• The new member must agree to the existing terms of the membership.

15.2 Term Continuation

• The transferred membership retains its original Term of Agreement and obligations.

16. Refunds

16.1 No General Refunds

• E4L does not provide refunds for membership fees already paid, regardless of usage level.
• Early exits may be subject to a cancellation fee as set out above.

17. Personal Responsibility & Medical Clearance

17.1 Member Warranty

• You warrant that you are physically and medically fit to engage in exercise.
• If E4L reasonably believes you may have a medical condition preventing safe exercise, we may request a medical clearance.

17.2 Assumption of Risk

• You understand and accept the inherent risks of physical exercise. E4L is not liable for injuries, except as required by law.

18. Risk Warning & Liability Waiver

18.1 Risk Acknowledgment

• While using the facility or participating in Services, there is a risk of physical harm or injury. Risks may include slips, falls, collisions, misuse of equipment, or unforeseen incidents.

18.2 Voluntary Participation

• You confirm that you participate voluntarily at your own risk and responsibility.

18.3 No Liability

• To the extent permitted by Australian law, E4L is not liable for any loss, damage, or injury, including indirect or consequential losses, arising from your membership or use of Services.

18.4 Pandemic & Global Events

• You acknowledge additional risks if attending in-person during events like pandemics. E4L takes reasonable measures to ensure safety, but participation remains at your own risk.

19. Changes to Terms & Conditions

• Management may update or amend these Terms & Conditions at any time.
• Members will be given 14 days’ written notice of any significant changes or fee adjustments.
• Continued membership after this notice period constitutes acceptance of the new terms.

20. Fees & Charges, Price Increases

20.1 Fixed Fees Within Initial Term

• Membership fees remain fixed throughout your initial agreed Term of Agreement. Afterward, fees may be adjusted upon 14 days’ notice.

20.2 Member Rights

• If you do not accept a fee increase, you may cancel your membership by providing 14 days’ written notice.

21. Assignment of Agreement

21.1 Rights of E4L

• E4L may assign or transfer its rights and obligations under this Membership Agreement to a third party.
• You will be notified at least 14 days in advance of any such assignment.

22. Privacy & Data Protection

22.1 Compliance

• E4L complies with the Privacy Act 1988 (Cth) and relevant Australian Privacy Principles (APPs).

22.2 Collection & Use of Information

• Personal data is collected for providing membership services, processing payments, and communicating with you.
• For full details, please see our Privacy Policy.

22.3 Disclosure & Overseas Transfers

• E4L may share data with third parties (e.g., payment processors, debt collectors) and, in limited cases, to overseas entities, in accordance with privacy laws.
• By joining E4L, you consent to these disclosures.

22.4 Member Rights

• You may request access to your personal information or lodge a complaint by contacting GetStarted@elements4life.com.au.

23. Reporting Agencies – Direct Debit/Credit

23.1 Defaults

• Upon default in payment or any Membership Agreement obligation, E4L may notify credit reporting agencies and/or debt collection agencies of the default.
• You will be liable for the entire outstanding amount, plus fees, interest, and any collection costs.

24. Termination

24.1 Unauthorised Cessation

• If you stop payments contrary to this Agreement, your membership may be terminated, and you remain liable for unpaid fees.

24.2 Management Discretion

• E4L reserves the right to terminate any membership for breach of these Terms & Conditions or any misconduct, effective immediately upon notice.

25. Final Acknowledgment & Acceptance

By signing up for a membership, using our facilities, or accessing any Services (physical or virtual), you acknowledge and agree to abide by these Terms & Conditions, including any subsequent updates posted on our website or communicated to you via email.

Train Smarter. Live Stronger.

Elements4Life Team

Contact Information

• Email: GetStarted@elements4life.com.au
• Website: www.elements4life.com.au
• Address: 79 – 81 / 170 Flemington Road, Harrison

Last Updated: FEB 2025