©2019 by Extra Mile Runners

Extra Mile Runners Membership Contract & Health and Safety Terms and Conditions

Welcome to Extra Mile Runners. By choosing to become a member of Extra Mile Runners you agree to these terms and conditions. Please make sure you read and understand them before you confirm your membership. 
 

1. Prior to Starting
 

1.1.  You acknowledge that Extra Mile Runners’ sessions engages in impact movements and sometimes at high intensity. Our staff and contractors are not medical professionals and cannot assess whether you can exercise without risking your health, safety or comfort. We recommend that you consult a qualified practitioner as to the suitability of this type of exercise for you, particularly if you have had injuries in the past or have a medical condition that may be affected by exercise. 

1.2.   You certify that you do not have any injury, physical condition or health problem that would make it unsafe or against medical advice for you to participate in this exercise. 

1.3.  You agree to:


1.3.1. Notify us in writing if you have any risk injury, illness, disability or other conditions that means you should not be participating in this exercise; and

1.3.2.  Not to attend a session(s) if you suffer from any injury, illness, disability or other condition which might cause additional injury or exacerbate your condition or pose a health risk to staff or others at the session. 
 

2. Membership​​
 

2.1.  12 Month Membership:  If you have a “12 Month Membership” you are entitled for a period of 12 months to attend unlimited Extra Mile Runners weekly sessions, register for a Group Programme (Get up to Five, Club10k or RaceTeam) for no additional cost, free registration to Technique Time (annual running technique workshop) and free access to downloadable Training Plans (10km, half marathon and full marathon events). This membership is non-transferable and non-refundable. 
 

2.2.   6 Month Membership: If you have a “6 Month Membership” you are entitled for a period of 6 months to attend unlimited Extra Mile Runners weekly sessions, register for a Group Programme (Get up to Five, Club10k or RaceTeam) for no additional cost, free registration to Technique Time (annual running technique workshop) and free access to downloadable Training Plans (10km, half marathon and full marathon events). This membership is non-transferable and non-refundable. 

 

2.3.   One Off/Drop in Membership:  If you have a “One-Off/Drop in Membership” you are entitled to attend one Extra Miles session which can be used at any weekday or Saturday session. This is valid for 1 month from the date of purchase. It is non-transferable and non-refundable.
 

3. Term
 

3.1.  The term of your membership will commence on the commencement date as set out in your agreement and will continue until the expiry date which is the time frame as specified in your agreement. You will receive a notification by way of email one (1) week prior to the expiry of your term. Should you wish to renew your membership, you will need to register for a further minimum term. Where you have not renewed your membership, you will no longer be able to attend sessions following the expiry date. 
 

4. Payment
 

4.1.  Extra Mile Runners uses Stripe to facilitate payment of fees. You agree to pay Extra Mile Runners, through Stripe by debit card or credit card in cleared funds in advance weekly from the commencement date until the expiry of the Term or where the agreement is terminated earlier in accordance with this agreement. We reserve the right to increase the membership fee and other charges and will notify you where these fees/costs are increased. Such fee/cost increase will not take effect until a renewal of your membership. 
 

5. Late Payment/Suspension of Membership
 

5.1.  If payment of any fees has not been made within 5 days following the relevant due date, then the following amount shall become payable by you:


5.1.1.    a late administration fee of $12.00;


5.1.2.   default interest at the rate of 12% per annum on outstanding amounts between the relevant  due date and the date on which payment is made in full; and
 

5.1.3.   any costs of collection incurred in relation to the collection of your late or unpaid fees. 
 

5.2 .  In the event that your fees remain unpaid for a period of more than four (4) weeks from the relevant due date, we reserve the right to be able to suspend your membership until such time as the outstanding amount together with any late fees and interest is paid in full. 

6. Amendments to your Membership Terms
 

6.1 .  We reserve the right to amend these terms and conditions, the agreement and our policies/rules. We agree to provide you with at least fourteen (14) days’ notice if we intend to make any amendment to this agreement (unless the amendment is required to protect your health and safety, in which case it will take effect immediately). Where you are notified of an amendment which will have a material negative effect on your rights under this agreement you may terminate this agreement by providing us written notice within seven (7) days of receiving the notice of amendment that you wish to do so. If you provide us with written notice the effective date of your termination will be the date of the relevant amendment. If you do not exercise this right within the seven (7) day period, the amendment will apply to your agreement.
 

7. Health and Safety
 

7.1.   You agree to abide by all the Extra Mile Runners Health and Safety Policies. By coming to an Extra Mile Runners session you acknowledge you have read and understand our Health and Safety Policies outlined here:
 

Please Read: Extra Mile Runners Health and Safety Policy 
 

7.2.   If we find you are not adhering to the Health and Safety policies that put yourself, or others at risk, we may (acting in good faith) terminate your membership.

8. Termination
 

8.1.   12 Month or 6 Month Memberships: You have contracted to remain a member for the term outlined in your agreement. This agreement will terminate at the expiry of your term. 


8.2 .  Termination for Medical Reasons:  You may terminate this agreement by providing written notice to Extra Mile Runners where a qualified medical practitioner certifies that you are permanently sick or unable to undertake any exercise regime for a period of three months or more, provided that you supply Extra Mile Runners with supporting documentation to Extra Mile Runner’s reasonable satisfaction.
 

8.3.   Termination by Breach:  Either party may terminate this agreement by written notice to the other where there has been a material breach of this agreement and where the breaching party does not remedy that breach within seven (7) days’ of receiving notice of the breach. Any breach of Extra Mile Runners policies and procedures or non-payment of fees due for a period of more than four (4) weeks will constitute a material breach.
 

8.4.   Early Termination Fee: For our 6mth and 12mth Memberships, you have agreed to this minimum term. If you terminate this agreement prior to the end of the minimum term there is an early termination fee of $150 that is applicable. This will be invoiced to you and will be due within 7 days of receipt of the invoice.
 

9. Freezing/Holding of Membership
 

9.1 .  If you know in advance that you will not be able to attend Extra Mile Runners sessions for a period, you may put your membership on-hold for a maximum period of three (3) consecutive weeks by providing us with written notice of your intention to do so at least five (5) working days before placing your membership on-hold. You may place your membership on-hold no more than once within your 6 or 12 month membership.
 

9.2.   On-hold periods will not be counted in any notice period required for termination of your membership, or any minimum term.
 

10. Liability and Indemnity
 

10.1.   You shall be responsible for your own loss or damage which is caused by your attendance at any Extra Mile Runners sessions. You understand the possibility of injury or other dangers connected with any form of physical activity and your attendance at Extra Mile Runners sessions is entirely at your own risk.

10.2.   We will not be responsible for any damage caused by you failing to follow any safety rules or reasonable directions given in relation to attendance at Extra Mile Runners sessions. 

10.3.   You are solely responsible for your property. Extra Mile Runners will not be responsible for any loss or damage to valuables brought to the sessions.
 

11. Keep us Informed
 

11.1.   It is your responsibility to keep all personal information held by Extra Mile Runners about you updated, including your contact details.

11.2 .  You must ensure that all personal information you provide to Extra Mile Runners is true and accurate and you must not knowingly provide any false information to Extra Mile Runners. 

11.3.   You also authorise Extra Mile Runners to use information for any subsequent dealings that you may have with Extra Mile Runners as a result of your application, including the provision of information to third parties regarding any failure to make any payment when due.

 

12. General


12.1.   If written notice is required to be provided to either party under this agreement, it may be provided by email at the addresses given on the website or as otherwise updated by you by way of written notice to Extra Mile Runners.
 

12.2.   Extra Mile Runners may be prevented from meeting its obligations under this agreement because of a cause beyond the reasonable control of Extra Mile Runners. In these circumstances, Extra Mile Runners can suspend your membership fee until sessions can be resumed. 


12.3.   Extra Mile Runners may be prevented from scheduling/running sessions due to unforeseen circumstances such as weather, natural disaster or other unforeseen circumstances outside of their control that may impact on the safety of our runners.  In these circumstances, Extra Mile Runners can suspend your membership fee until sessions can be resumed. 
 

12.4.   This agreement is exclusive to you. Extra Mile Runners shall be entitled to assign this agreement, in circumstances where Extra Mile Runners business is being sold or restructured.


12.5.   If a dispute arises between the parties about this agreement, the parties must follow the dispute resolution process set out below:

12.5.1.   The parties will use their best endeavours to promptly resolve any dispute or difference between them by way of good faith negotiations.


12.5.2.   If the dispute is not resolved by negotiation within fourteen (14) days of either party notifying the other of the dispute (or such longer period agree by the parties), either party may require the other to submit to mediation with assistance of a qualified mediator.
 

12.6.   If any provision of this agreement is or becomes unenforceable, illegal or invalid for any reason it shall be deemed to be severed from this agreement without affecting the validity of the remainder of the agreement and shall not affect the enforceability, legality or application of any other provision of this agreement.
 

13. Commonly Used Terms


13.1.   Agreement means your agreement with Extra Mile Runners consisting of your agreed membership (12 month or 6 month), your payment schedule (weekly), these conditions of membership and any other forms, policies and/or rules of Extra Mile Runners referred to in these conditions of membership.


13.2.   Extra Mile Runners, Us, Our and We mean Extra Mile Runners (Run Team Limited).


13.3.   Member, you and your means you personally identified by your name and contact information provided to Extra Mile Runners;


13.4.  Fee means the membership fees specified on our website and as notified by us in writing and includes GST and any future increases in accordance with this agreement, if any;


13.5.  Term means the length of time you have committed to Extra Mile Runners (if any) and any renewed term.

 

14. Minimum Age
 

14.1.   The minimum age for anyone to participate in Extra Mile Runners sessions is 16 years.

15. Children, Prams, Animals
 

15.1.   You agree not to bring children, prams, babies or dogs to any Extra Mile Runners sessions. 

 

16. Photograph, Video & Film
 

16.1.  You agree and authorise Extra Mile Runners to use photographs, video and film taken during the session(s) to advertise or promote the business in on social media or alternative advertising platforms as used by Extra Mile Runners from time to time.