Terms and Conditions
Welcome to Online Coaching Australia (OCA). ABN: 52 123 398 590
79 – 81 / 170 Flemington Road HARRISON (Nullabor Road Side)
OCA – Online Coaching Australia
YOU – Refers to the person named on the membership form and agreement.
US – Refers to Online Coaching Australia
The Term of Agreement – Refers to the minimum period for membership fee billing for which you have agreed to ensure is kept up to date for the minimum Term of Agreement. Example 1-3 Months or 12 Months
Term of Agreement
You are entering into a partnership for the Term of Agreement as specified on your Membership Form. You must pay your agreed Membership Fees for the duration of the Term of Agreement.
If you wish to exit your membership before the initial minimum Term of Agreement has expired, you will be obligated to pay a one off fee, per person, of $99.00. This is a cancellation fee.
Cancelling Your Membership
To exit your membership you must notify Online Coaching Australia in writing with a minimum 14 days prior notice. An exit form must also be completed. All membership fees must be up to date at the time of request. Once written notice has been received your membership will be cancelled and any applicable fees will be applied. Only written exit notifications will be accepted.
All direct debit / instalments / memberships are paid in advance. You must have the allocated funds in your account for each membership payment. Any additional fees incurred due to insufficient funds will be your responsibility. All failed membership transactions will incur a failed payment fee of $12. This is not refundable.
You must provide 30 days prior written notice for any suspensions. You are allocated 4 weeks suspension within any 12-month period. All additional weeks will incur a fee of $8 per week. Suspensions are always forward dated. All suspensions are only activated once written notice is provided and Online Coaching Australia has confirmed such notice in writing. All membership fees must be up to date prior to any suspension. Minimum suspension period is 7 days.
The online resource is open 365 days of the year including Good Friday and Christmas. Any variation to the timetable is done at the discretion of Online Coaching Australia and will be updated accordingly on the website. Class timetable may vary during certain holiday periods and at the discretion of management.
Please be advised, Online Coaching Australia does not have a refund policy and a cancellation fee of $99 applies for all memberships exited before the term of agreement expires.
Misconduct and Bad Behaviour
Management reserves the right to cancel or suspend any membership, which is subject to bad behaviour or misconduct. All members are expected to behave accordingly, in good spirit, free of drugs and alcohol. No abuse of staff, management, coaches or other members will be tolerated.
Term of Agreement
Your Term of Agreement is as specified on your membership agreement and will run until written notice has been submitted with 14 days prior notice. If the Membership is for a specified minimum Term of Agreement, Example: 3 Months, this will roll over to a full ongoing general membership unless prior notice in writing has been received.
Cooling Off Period
All memberships are subject to a 7-day cooling off period. An administration fee will apply of $49.95 if cancelled within this period.
The minimum age for entry onto the facility is 14 years old. Any person under the age of 18 must have a guardian sign the membership agreement, in person, on sign up.
As a member of Online Coaching Australia you acknowledge the services and benefits of all membership levels and understand that different memberships bring different benefits. Please choose a membership that is best suited to you.
Personal Responsibility of capacity
At all times a member takes the responsibility of being of full capacity to train with no risk to their person, or to others. If you are not fit for activity you may be requested to provide a doctors certificate of clearance. If you are injured in the facility you acknowledge that you will take full responsibility for your actions and injures.
Changes to Terms and Conditions.
Management holds the full right to alter, adjust or change the terms and conditions at any time and as they deem fit. You acknowledge this right.
Fee and Charges
All membership fees are fixed price for the term of agreement unless agreed. At the completion of a minimum term of agreement, management hold the right to alter, change or increase the fees and charges associated with the memberships. All members will be notified in writing 14 days prior to any subsequent changes. Any termination of membership due to a change, alteration or increase in fees and charges must be done so with a minimum of 14 days written notice. Only memberships with written prior notice, 14 days prior, can be cancelled and this will be executed 14 days after receipt of notice.
All memberships can be transferred to another member for the fee of $55. All transferred memberships are subject to the initial terms of agreement and the new member must agree to these terms, which includes payment of their membership fees.
All fees required for processing such as Direct Debits, Cancellations, Suspensions, Transfers or other will be clearly stated on the Terms of Agreement or provided in writing or clearly outlined by management at the time of execution. A direct debit fee of $0.90 will be charged with every automatic payment.
Personal Injury and Damages.
To the extent of permitted Australian Law, we exclude any liability to you, statute, tort, or in any other way for any injury damage or loss of any kind whatsoever, without limitation, any liability for direct, indirect, special or consequential loss or damage, sustained by you and/or any other person, or for any costs, charges or expenses incurred by you arising from or in connection with this Membership Agreement and /or the services/products provided by us and act or omission by us.
Reporting Agencies – Direct Debit/Credit
When paying by direct debit, upon default by you in regard to any obligation under the Membership Agreement and any failure to remedy such a default after notification, you authorize us to notify any debt collection or credit reporting agency of your default. If this does occur we may, at our discretion, cancel and terminate your membership. You will also be liable for the full outstanding amount on the term of agreement, the minimum term, plus $99 fee and a 30% debt collection fee charged by and collected by the debt agencies.
Assignment of Agreement
At the discretion of management we may assign your membership content and the subsequent details to a third party. You will be notified in writing within 14 days.
Termination and Unauthorised Cessation of Direct Debit
(a) If you terminate the Agreement or stop the automatic debit arrangement in a manner not described in the Agreement, then you may be liable to OCA for any unpaid fees, or fees incurred by OCA
(a) OCA warns that whilst you are on our premises or using our facility, platform and/or recreational services, you are at risk of suffering physical harm or personal injury including broken bones, soft tissue injuries, joint injuries, permanent disability or death. These injuries may occur from you:
(i) slipping on wet flooring;
(ii) being struck by weights;
(iii) colliding with equipment, or other Members;
(iv) engaging in strenuous exercise and activities; or
(v) incorrect use of equipment or Club,
(b) You acknowledge that any such injury may result not only from your actions but from the action, omission or negligence of others.
(c) You acknowledge and agree that the above mentioned injuries and potential causes of injuries are not exhaustive, and there are other unknown or anticipated risks that may result in injury, illness or death.
(d) You acknowledge that whilst every attempt is made to ensure that the recreational services and facilities provided by OCA are safe, there are some significant and inherent risks involved, and you agree that you are participating voluntarily at your own risk and responsibility, thereby exposing yourself to certain risks.
Privacy Collection Notice
Online Coaching Australia (OCA) ABN 52 123 398 590, its related entities and OCA franchised divisions (collectively, Online Coaching Australia) use this collection notice to set out the prescribed information in the Australian Privacy Principles (APP) contained in the Privacy Act 1988 (Cth) (Act).
2. OCA contact details
- Email: email@example.com
- Post: PO Box 429 Mitchell ACT 2911
3. How OCA collects your personal information (if collected from someone other than you)
OCA may collect your personal information from third parties including:
- Your personal trainer;
- Market researchers & direct marketing providers;
- Parents or guardians of underage members;
- Our current members (refer a friend);
- The Australian Tax Office (ATO) and the Australian Securities and Investment Commission (ASIC); and
- Public sources (directories, lists, professional & trade associations, ASIC, bankruptcy or court registry searches).
4. Is the collection of your personal information required/authorised by law or a court/tribunal order?
5. Why did OCA collect the personal information?
The main purpose for which OCA collects personal information is to provide services and benefits to members and to maintain, extend and grow OCA’ membership.
OCA may use your information for:
- Processing & managing membership & franchisee applications;
- Facilitating members & casual members gym access;
- Marketing activities, research & special offers;
- Accurately identifying who is using OCA’ services;
- Communicating with members, franchisees & website visitors to OCA’ website & online enquiries;
- Profiling our members & their interests;
- Operating OCA’ business; and / or
- Transferring memberships between clubs.
6. Consequences to you if OCA does not collect all or some of your personal information
You can refuse to provide personal information. However a refusal may mean that the service you requested is not provided or membership will be refused or forfeited.
7. Sharing your personal information
OCA may use and disclose personal information for related purposes to third parties. Types of organisations to whom OCA may disclose your personal information includes:
- Government bodies such as ATO, ASIC, Australian Prudential Regulatory Authority & police or courts (as required by law);
- Various law enforcement agencies and governments for security, customs and immigration purposes;
- Banking service providers;
- Rewards partner program providers;
- Professional or government organisations; and
- OCA contracted service providers including:
◦ Information technology service providers;
◦ Planning research & development providers;
◦ Conference organisers;
◦ Marketing & communications agencies;
◦ Mailing houses, freight & courier services;
◦ Printers & distributors of marketing material;
◦ Debt collectors & banks;
◦ Personal trainers; and
◦ External advisers (recruiters, auditors & lawyers).
OCA does not rent, sell or exchange your personal information to third parties without your prior approval.
8. Does OCA disclose your personal information overseas?
OCA and OCA group entities may disclose your personal information to other third party service providers operating outside Australia who work with OCA or one of OCA’ suppliers, agents, or partners. OCA may also store your personal information on servers based overseas or in the “cloud” or other types of networked or electronic storage.
Before disclosing your personal information to an overseas third party, OCA will first take reasonable steps to ensure that the overseas recipient:
- Does not breach the Australian Privacy Principles in relation to your personal information; or
- The recipient of the information is subject to a law, or binding scheme, that has the effect of protecting your personal information in a way that is substantially similar to the way in which the Australian Privacy Principles protect the information.
OCA may disclose personal information to other OCA entities and third parties in jurisdictions including: Australia, New Zealand, United States of America and the Netherlands. The European Commission has recognised each of these countries as providing adequate protection of personal information.
To make it easy for you to deal with OCA and other OCA entities and provide you with a more personal and consistent experience, OCA may exchange and combine personal information with other OCA entities for the purposes described in this Collection Notice.
If your personal information is collected using a document that references this Collection Notice, you are taken to consent to the disclosure, transfer, storing or processing of your personal information outside of Australia.
You acknowledge and understand that by providing such consent:
- OCA won’t need to take steps as are reasonable in the circumstances to ensure such third parties comply with APPs;
- If the overseas recipient handles your personal information in breach of the APPs, OCA will not be liable under the Act and you will not be able to seek redress under Act.
- The overseas recipient may not be subject to any privacy law or principles similar to the APPs;
- You may be unable to seek redress overseas;
- The overseas recipient is subject to a foreign law that could compel the disclosure of personal information to a third party, such as an overseas authority.
If you withdraw consent, OCA will not rely on this consent when dealing with your personal information going forward.