1. AGREEMENT

By signing the membership agreement you acknowledge and agree that you have entered into a binding contract with us, which is effective from the date you sign.

 

2. COOLING OFF

If you change your mind shortly after signing your membership agreement, you may cancel it by letting us know in writing within 5 days from the date you sign it.  We will charge the joining fee and fair amounts for fitness services we have already provided, but will otherwise refund you any other amounts you have paid to us within 7 days.  If you wish to end your membership after the 5 day period, different terms apply as set out in these Terms.

 

3. MINIMUM AGE

You must be 16 years or older to join as a member of our club.  Persons under the age of 18 require a parent or legal guardian to sign up on their behalf.

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3.1 Responsibility for members under 18

By signing on behalf of a child, the parent or guardian agrees to be responsible for ensuring the child exercises safely, pays their membership fees and otherwise follows these Terms.  

Members under the age of 18 are not permitted to use the facilities outside of staffed business hours, unless directly supervised by a parent or guardian. Note: Clause 5 still applies, so if a child member wishes to access the facilities outside of staffed hours, their supervising parent/guardian must themselves be a signed and paying member.

 

4. SAFETY

The health and safety of members is important to us. This clause sets out some of the things we require of you to help achieve that objective.

 

4.1 Disclosing and managing your health risks

If you believe any services and activities available through your membership might cause risk to your health, you must not use the services and facilities until you disclose this information to us. You must also tell us if any medical condition you have changes after you join.

You must not attend and use the facilities and services whilst you are suffering from any illness, disease, injury or other condition that could present a risk to the health or safety of other members, guests and staff, or yourself.

We may choose to refuse to accept your membership agreement until:

• your doctor agrees in writing that you are fit to exercise and able to use equipment safely and appropriately;

• you show us proof that you have received medical advice on an appropriate exercise program.

Our staff and management are not medically trained and are unable to provide you with medical advice. It is crucial that you seek the advice of a medical doctor if you are unsure or unable to confirm that you are in good physical condition and that it is safe for you to use gym facilities, exercise equipment, and other services available through your membership.

 

4.2. Proper use of equipment

You promise to take care when using the facilities and make sure that you use the facilities, including all equipment, appropriately and safely.

If you are ever not sure how to operate any equipment safely and appropriately, you agree to ask a staff member before you use it.

You must not use the facilities if you are not sure how to do so safely and appropriately.

 

4.3. Rules of good behaviour 

We display rules that apply to everyone using the facilities and services in order to promote health and safety and the protection of property (our Rules). A copy of our Rules will be handed to you when you apply for membership and may be displayed on our website and on signage. Please make sure that you read our Rules carefully and ask us if there is anything contained within the Rules which you are not sure about.  

We may occasionally update our Rules to further promote health and safety or to make other improvements.  We will seek to tell you of any changes to the Rules, although we expect you to keep familiar with the current version of our Rules by reading our website and signage on a regular basis.

If you break our Rules, the response we take will be at our reasonable choosing and we will try to exercise this right fairly by giving you a warning if we consider the failure is not serious.  In this regard, you acknowledge that the health and safety of all members, guests and staff and protection of property is very important. Accordingly, if we reasonably consider your failure to follow our Rules is serious or persistent we may suspend or even cancel your membership with immediate effect.

 

4.4 We can refuse you entry

We can refuse you entry to the facilities and services or cancel your membership immediately if you behave in a way that is seriously risky or inappropriate, such as if you threaten or harass others, deliberately or recklessly damage equipment or facilities or if you use or distribute illegal or performance enhancing drugs.

 

4.5. Please follow our directions

You agree to follow any reasonable direction of a member of our staff relating to health and safety or any other matter.

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4.6. Risk of serious injury

Engaging in physical exercise and fitness activities, including the use of strength and fitness equipment, pose inherent risks to your health and safety. By signing this agreement you acknowledge and agree that you will use the facilities at your sole risk and responsibility, and that we are not liable for any injury, illness, loss or death that arise from your voluntary participation in exercise activities; use of equipment and facilities available through your membership; improper use of equipment and facilities; nor from any complications related to any underlying health risks, illness or conditions that you might suffer from.

This does not apply if you have suffered any significant personal injury that is caused by our reckless conduct.

If you are unsure of your current health status, you must seek advice from suitable medical professionals before engaging in fitness activities and exercise.

Please also see clause 16 and the ACL Exclusion Notice at the end of these Terms.

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5. ACCESS TO FACILITIES​

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5.1. Your Fob Key

a) You will need your Fob Key (or access card) to access the facilities, and you must swipe this each time you enter.

b) You must not let any other person use your Fob Key or allow any other person entry to the facilities when you enter using your Fob Key.

c) If your Fob Key is lost or stolen you must notify us immediately. A replacement Fob Key can be provided to you; a replacement fee will apply.

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5.2. Use of facilities outside of staffed hours

Our facilities operate during staffed and unstaffed hours, and your membership grants you access to the facilities outside of staffed hours.

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If accessing the facilities outside of staffed hours, you agree to use the facilities and equipment at your own risk and responsibility, and agree to take all reasonable steps necessary to ensure you do not cause any damage to any person or property, and do not risk the health and safety of yourself or others.

You agree to indemnify and hold us harmless against any loss or damage suffered or incurred by you in using the facilities, including using the facilities outside of staffed hours, except to the extent we caused or contributed to that loss or damage.

You must know where the emergency duress buttons are located and how to activate them in the event of emergency (see also clause 7).

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You must not access the facilities outside of staffed hours if you are not sure how to use equipment safely and appropriately.

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5.3. Access to non-members

You must not let anyone else into the facility without the approval of staff. If you break this term you may be charged a Tailgate Fee and/or your membership may be suspended or terminated.

 

5.4. Bringing Guests

a) If you wish to bring guests to the facility, they are required to speak with staff at the front desk, sign in and pay the relevant guest access fees.

b) Guests must report to the front desk during staffed hours to sign in, speak with a staff member, and pay a guest access fee. Therefore, guests cannot attend the facility outside of staffed business hours;

c) Only individuals 16 years of age and over are permitted to attend as guests of a paying member. 

d) All guests must abide by the rules of the facility, including these Terms. Failure to comply with the facility rules and these Terms may result in immediate cancellation of your gym membership, and you may be held liable for any costs and damages suffered or incurred by us.

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6. PRIVACY​

 

6.1. Our privacy policy

From the time you apply for membership we will have access to your personal information, such as your name, address, contact information and information relating to your health and finances.  We will protect this information and only use, disclose or deal with this information in accordance with our Privacy Policy, which adheres to all relevant Australian Privacy Laws. The latest version of our Privacy Policy can be provided to you at your request, and may be available on our website.

 

6.2. Video monitoring

Our facilities have 24/7 video monitoring and recording (except in bathrooms), and security cameras may be remotely monitored. We use video monitoring in our facilities for health, safety and security reasons. If you have any queries in relation to the use of video monitoring in and around our facilities please contact us.

 

6.3. Please keep your contact details up to date

You promise to tell us promptly if you change your address, phone number, email, bank account and/or credit card information used for payment of our fees, or if there is a change to any other personal information relevant to your membership with us. This includes any matters which affect the health or safety of you or others. 
 

7. SECURITY​

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7.1. Emergencies

a) Our facilities are fitted with emergency duress buttons for safety and security reasons, and to alert a security company in case of emergencies such as if you are, or feel, threatened or require medical assistance.

b) You must ensure you are familiar on how to use these emergency duress buttons, agree to only use them in real emergencies, and check with a staff member if you are unsure or require further information about their use.

c) If you improperly use these emergency duress buttons, or activate them when no real or perceived threat or danger exists, you agree to pay for any costs, loss or damages incurred by us as a result of this improper use.

 

8. What you get when you join 

From the Start Date you are entitled to the membership benefits and use of the facilities and services that apply to the Membership Type you selected.  

 

9. When can you put your membership on hold?

You may temporarily suspend your membership for travel or medical reasons if all amounts payable for your membership are paid up to date and, if your membership is for a Fixed Term, it has more than two weeks left to run.  You will need to produce satisfactory supporting documentation when you apply for a suspension.  You must apply for a suspension as soon as possible after you become aware of the relevant circumstances requiring the suspension of your membership.   We are entitled to charge you the suspension fee for processing your application. 

 

In any 12 month period, we are not obliged to suspend your membership on more than two occasions or for more than two months in total.  While your membership is suspended, the term will be extended by the suspension period and we will freeze any direct debit payments that fall within the suspension period.

 

10. Ending your membership 

If you wish to end your membership, you must advise us in writing by email or post (if applicable) in accordance with this clause 10.

 

10.1. On or after expiry of the Minimum Term 

If your membership is for a Fixed Term, you do not need to do anything to end your membership, as it will automatically end when the Minimum Term expires.  We will seek to remind you before the end of your membership in these circumstances so that we can discuss renewal of your membership. 

 

If your membership is Ongoing, it will continue after the Minimum Term unless you tell us in writing at any time before the expiry of the Minimum Term that you do not wish your membership to continue. 

 

If your membership is Ongoing and you have not told us that you wish your membership to end at the expiry of the Minimum Term, you can terminate any time after the end of the Minimum Term by giving us at least 30 days prior written notice.  Any unused membership fees after the required notice period will be refunded to you.   

 

10.2. Other ways that you can end your Membership

You can also cancel your membership where: 

(When no cancellation fee will apply)

• we don’t keep our end of the deal (please see clause10.2.a below);

• you become subject to medical incapacity (please see clause 10.2.b below); 

• we make changes to this agreement that adversely affect you (please see clause 13);

• you otherwise become entitled to do so under consumer legislation;

 

(When a cancellation fee may apply)

• you relocate or simply wish to cancel for any other reason (please see clause 10.2.c below).

 

10.2.a. If we don’t keep our end of the deal

You can cancel your membership by written notice to us if we breach any of our obligations under this agreement and we have not remedied that breach within a reasonable time after you have given us a written request that we do so.  

No fees will be applicable for cancelling in accordance with this clause apart from, and to the extent not impacted by our breach, the joining fee, membership fees for the time you have been a member calculated on a pro-rata basis and any outstanding fees for other services already supplied to you.

 

10.2.b. You can cancel for medical reasons

You can end your membership by telling us in writing if you cannot exercise for the remainder of Minimum Term due to an illness or a physical incapacity and you produce supporting documentation in this regard to our reasonable satisfaction. 

In that event, you will only be charged the joining fee, membership fees for the time you have been a member calculated on a pro rata basis and any outstanding fees for other services already supplied to you. 

 

10.2.c. If your membership is no longer convenient 

Otherwise, you can end your membership during the Minimum Term with immediate effect at any time by simply telling us in writing.  We understand that circumstances change and you do not need to give any reason for ending your membership pursuant to this clause 10.2.c.  

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Please note we will consider any request to transfer your membership to another person and may agree to the transfer at our reasonable choosing subject to satisfaction of reasonable eligibility conditions and your payment of the transfer fee. We will not charge you a cancellation fee if we agree to transfer your membership to someone who is not currently a member and they have paid our standard joining fee. 

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In any case if your membership ends under this clause 10.2.c, you will be liable for the joining fee, membership fees for the time you were a member calculated on a pro-rata basis, any outstanding fees for other services already supplied to you and, except where your membership is validly transferred as detailed above, the cancellation fee. 

 

10.3. When can we end your membership?

In addition to our other rights under the membership agreement and these Terms, we can terminate your membership by written notice to you if you fail to act in accordance with any obligation under your membership agreement and these Terms, and if such a failure or breach is capable of remedy you do not remedy the failure or breach within a reasonable time of us giving you written notice requiring you to do so.  However, we will not seek to end your membership in this way if you have failed to make a payment and we are also in breach of a material condition of your membership agreement or these Terms.  If we cancel your membership agreement under this clause 10.3, you will be liable for the joining fee, membership fees for the time you were a member, the cancellation fee and any other fees payable for further fitness services already supplied.  

You acknowledge and agree that we may cancel a membership by written notice to a member without giving a reason.  If we cancel your membership in these circumstances, you will only be liable for the membership fees for the time you were a member and any other fees for other fitness services already provided.  No cancellation fee will be charged and we will refund your joining fee together with the sum of $50.  You agree that this payment is your sole entitlement to compensation for cancellation of your membership for no reason.

 

11. FEES

The fees you have to pay are specified in your membership agreement. This clause 11 sets out some further rights and obligations that apply in relation to particular fees.  

If you fail to make any payment when due, we can suspend your membership and refuse you access to the facilities and services until all outstanding amounts have been paid, in addition to our other rights under these Terms.  Fees and charges continue to accrue during the suspension. 

 

11.1. Joining fee

We may charge you a joining fee to cover the set up costs for a new membership.  The joining fee is not refundable except in limited circumstances specified in clause 8.2(a) and clause 8.3.  

 

11.2. Membership fees 

If your membership is for a Fixed Term you can elect to pay your membership fees up front at the same time you submit your membership form.  If you do not pay your membership fees upfront, you must do so periodically in advance until your membership ends.

If your membership is Ongoing, membership fees must be paid periodically in advance until your membership ends.  

 

11.3. Cancellation fee

For direct debit members, a full cancellation fee of $200 applies at the time of cancelling your membership any time before half the Minimum Term has lapsed. After this point, the cancellation fee will reduce each month, and will be equal to the amount of the full cancellation fee ($200) divided by the total number of months in the Minimum Term, and then multiplied by the remaining months of your Minimum Term.

 

11.4. Fee increases

We will not increase the membership fees during the Minimum Term.  However, we may increase your membership fees or any other fees with effect any time after that.  We will make a fair effort to tell you of a membership fee increase at least 60 days before that increase takes effect by writing to you at the last address you gave us (which may be an email address).  Where we have done so, you agree and authorise us to increase any debits from your nominated account in line with this increase. We will not use this right to vary the terms of any special offer which applies to you. 

 

11.5. Refunds and the Credit Code

We are entitled to deduct all fees and charges that you must pay under this agreement from any refund we give you. The National Credit Code does not apply to this agreement.

 

12. DIRECT DEBIT PAYMENTS

Some of our membership options require direct debit payments. 

 

12.1. Authorisation to deduct fees

By nominating a credit or debit account, you agree and authorise us to deduct from that account all fees and other charges for which you may be responsible under this agreement.  Accordingly, it is essential that you keep your account details up to date.  

 

12.2. If your payment is late or rejected 

You are responsible for making sure that there is enough money in your nominated account on the usual payment day or the next working day if that falls on a day when banks do not process payments.

Any bank fees charged to us because of a rejection when we attempt to collect payments from you may be charged directly to you by us (or by the Direct Debit Provider).  

If a payment remains outstanding, you agree that, unless we are in breach of our obligations under these Terms, we (or the Direct Debit Provider) may continue to debit the nominated account for the total amount due without notice to you.  If the amount owing is more than one periodic membership fee, we will seek to contact you first. 

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12.3. Direct debits

If you choose to pay fees by direct debit, then this will be through the Direct Debit Provider named in your membership agreement. The Direct Debit Provider is a third party provider who is not a party to this agreement and whose only role is to provide direct debit services. You will enter into a separate agreement with the direct debit company and will be provided with a copy of the terms and conditions that apply to the direct debit services.  Those terms and conditions are entirely separate to this agreement and you will have rights and obligations under those terms and conditions.  As such, the Direct Debit Provider acting in its capacity as such has no liability to you in connection with your involvement in exercise activities under this agreement. 

 

13. OUTSIDE PROVIDERS

 We will seek to make sure those franchisees, contractors and other authorised persons who provide services at the facilities (outside providers) are appropriately qualified before granting them access.  Examples of outside providers includes but is not limited to coaches, physiotherapists, masseurs and personal trainers who may offer additional services from the facilities that are not included with your Membership Type.  Please note that outside providers are neither employed by us nor are they our agents, even if they happen to be wearing clothes displaying our name and logo.  You will know that they are outside providers because they will require payment of their fee direct from you when you engage them. 

 

You acknowledge and agree that we are not liable for any injury, loss, damage or any other claim arising from breach of contract, negligence or otherwise that you suffer in connection with any outside provider services, other than to the extent caused by our negligence.  In addition, you agree to release us and hold us harmless in relation to any such claims.  

 

We have no responsibility in respect of the fees that you must pay directly to outside providers nor for any associated costs or refunds. However, please advise us if you have a problem with an outside provider and we will try to help if we can.  

 

14. OTHER SERVICES

There may be other services offered at the facilities that do not form part of your Membership Type but are available for you to purchase separately.   These are not part of the services provided under your membership and you will be advised at the time of purchasing such services if any additional terms apply to these services.  

 

15. CHANGES TO YOUR MEMBERSHIP AGREEMENT

We may need to make changes to this agreement including our Rules during your membership. However, we will always try to do this in a way that is fair by giving you an opportunity to cancel your membership if you do not agree to the proposed change or changes.  

We will tell you in writing of the proposed change in advance and tell you the date that it will come into effect.  This effective date will be at least 30 days from the date of our notification unless it is impractical for us to do so.  Your membership will be amended with effect from the effective date.  If however, you are adversely affected by the change, you may cancel your membership without payment of a cancellation fee by telling us in writing before that date.

Please note you cannot cancel under this clause if we are required to make the change in order to comply with a law or any direction of a competent authority. 

  

16. OUR LIABILITY TO YOU

 

16.1. Statutory guarantees

ACL: The Australian Consumer Law (ACL) contained in the Competition and Consumer Act 2010 (Cth) (CCA) provides certain guarantees in sections 60 to 62 (statutory guarantees) which generally require that services supplied to you:

 

• are rendered with due care and skill, 

• 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 and

• are supplied within a reasonable time (when no time is set).  

 

Permitted exclusion: However, the CCA permits a supplier of recreational services to ask you to accept some limitations on those statutory guarantees.  Accordingly, to the extent permitted by section 139A of the CCA, you acknowledge and agree that we exclude all liability to you for your death or injury resulting from a failure by us to comply with any statutory guarantee.  

 

In the previous sentence, “injury” means:

 

• physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); 

• the contraction, aggravation or acceleration of a disease; or

• the coming into existence, the aggravation, acceleration or recurrence of any condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to you that is or may be harmful or disadvantageous to you or the community, or that may result in harm or disadvantage to you or the community.

 

Reckless conduct:  This exclusion of liability does not apply if you have suffered any significant personal injury that is caused by our reckless conduct (within the meaning given to this term by the CCA).

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16.2. State based notices

Please refer to the attached ACL Exclusion Notice which contains complementary information about the statutory guarantees and the limitations that we are allowed to place on them.  These are without prejudice to the limitations contained in this clause.

 

16.3. General exclusions 

Please note that nothing in this agreement excludes, restricts or modifies any term, condition, warranty, guarantee, right or remedy (including under a statutory guarantee) which cannot lawfully be excluded, restricted or modified.  

Otherwise, and except as expressly included in this agreement, all implied terms, conditions, warranties, rights or other additional obligations that can be lawfully excluded are excluded from this agreement. In particular, but subject to the preceding paragraph, we are not liable for:

• negligence; or 

• breach of terms implied that services will be provided with reasonable care and skill, 

at common law, which in either case results in your death or injury (as defined in paragraph (a) above) in connection with or under this agreement, but to avoid doubt we do not exclude liability for our reckless conduct.

 

16.4. Loss of property

You promise that you will not unnecessarily bring valuables into the facilities and that if lockers are available you will use the lockers to store any valuable property that you bring with you.  If we provide secure storage lockers, then this is part of our service to you.  However, we are not responsible if someone breaks into your locker and takes your property, other than to the extent we have not complied with our obligations in respect of this service under a statutory guarantee.  

Other than as described above, maintaining the security of unattended property in the facility is not part of the service we provide under this agreement.  Accordingly, if you choose not to use a locker to securely store your property and leave it unattended in the facilities, we will not be responsible for any theft, loss or damage to your property that occurs.  

 

17. YOUR RESPONSIBILITY FOR DAMAGE 

You agree to pay for any damage to the facilities caused by you or your guests through any wilful act or negligence.  

 

18. UNEXPECTED EVENTS

We are not liable if you cannot use your membership due to anything beyond our reasonable control.  If that failure or delay continues for more than 30 days, then either you or we can cancel this agreement with immediate effect by telling the other in writing.  We are entitled to make part or all of the facilities unavailable for up to two weeks during each calendar year to undertake maintenance, repairs or improvements, in which case we will extend your membership by the time you are unable to use the facilities.  

 

19. OUR LOGO AND INTELLECTUAL PROPERTY

No rights in relation to our logo, trademarks or any other intellectual property rights associated with our business, techniques, exercise programs or classes are granted to you under this agreement, except that any exercise program created for you may be used while you are a member for the purpose of your exercise activities. 

 

20. TRANSFERRING THIS AGREEMENT

We can transfer the rights or benefits under this agreement or sub-contract our obligations under this agreement to a third party at any time without notice to you, but in doing so we will make sure that the transferee agrees to honour the terms of your membership.  

 

21. SEVERABILITY AND WAIVER

If a court finds that any term, or any part of any term of this agreement is or becomes illegal, void or unenforceable, that term, or part of the term is deleted but this does not invalidate the rest of this agreement. If we do not enforce our rights under this agreement at any time, it does not mean that we may not do so in the future.

 

22. APPLICABLE LAW

The law of the State/Territory specified in your membership agreement applies to that agreement. 

 

ACL Exclusion Notice

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012

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 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 (ACL), the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you.  If you sign this form, you agree that your rights to sue the supplier under the ACL if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in 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 an 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 ACL.