Terms and Conditions

  1. The health and safety of our members is important to us. This clause sets out some of the things we require to help achieve that objective.
    1. Your physical condition
      A safe and effective exercise program is dependent upon accurate health and fitness profiling. It is therefore essential that you tell us in writing all relevant personal health and fitness information both before (through our pre-exercise questionnaire or otherwise) and during the course of any exercise program or other activity.You agree that information you disclose to us will be true and accurate and not misleading in any way.  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 and guests or yourself.
    2. Proper use of equipment
      You agree to take care when using the facilities and services and make sure that you use the facilities and services including equipment appropriately and safely.  If you are ever not sure how to operate any equipment, please ask a staff member before you use it.
    3. Our rules
      Our rules apply to everyone using the facilities and services in order to promote health and safety and the protection of property. A copy of our rules is displayed on our website and on signage. Please make sure that you read, understand and abide by our rules at all times.  We may occasionally update our rules to further promote health and safety or to make other improvements.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 less serious.  In this regard however you acknowledge that health and safety of all users and protection of property is very important. Accordingly, if we reasonably consider the failure to follow Our Rules is serious or persistent, we may suspend or even cancel your membership with immediate effect.
    4. We can refuse you entry
      We can refuse you entry to the facilities and services, ask you to leave or cancel your membership immediately if you behave in a way that is deemed as inappropriate in our opinion.
    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.
  2. Your membership
    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.

    1. Membership fees
      The fees you have to pay are specified in the details. This clause 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.
    2. 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.
    3. Membership fees
      If your membership is for a Fixed Term you can pay your membership fees up front when you submit the membership form, or you can elect to pay in instalments by direct debit for the duration of the fixed term.If your membership is Ongoing, membership fees will be paid by direct debit periodically in advance and will continue after the initial term until either you or we terminate the membership.
    4. Cancellation fee
      The cancellation fee for memberships that are within the minimum term is $150.
    5. Fee increases
      We may increase your membership fees or any other fees with effect any time.  We will make a fair effort to provide you with at least 30 days written notice to the last email address you have given us.  Where we have done so, you authorise us to increase any debits from your nominated account in line with this increase.
  3. When you pay by direct debit
    1. Authorisation to deduct fees
      By nominating a credit or debit account, you are authorising 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.
    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 will be charged directly to you by us (or by the Direct Debit Provider).Any direct debit membership that is more than one (1) week in arrears means that access will be disabled until overdue amounts are paid.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.
    3. Direct debits
      If you choose to pay fees by direct debit, then this will be through the Direct Debit Provider named in the details. The Direct Debit Provider may be us (if we are authorised) or a third party provider who is not a party to this agreement and whose only role is to provide direct debit services.  We will provide you 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 may have rights and obligations under those terms and conditions.
  4. Membership suspension

    5. You may temporarily suspend your membership for travel or medical reasons by giving written notice in advance if all amounts payable for your membership are paid up to date.  In any 12-month period you may suspend your membership for a minimum of 2 weeks up to a maximum of 12 weeks.  We are not obliged to suspend your membership on more than two occasions.  We are entitled to charge you the suspension fee for processing your application.  While your membership is suspended the suspension period does not count towards your minimum term.

  1. Ending your membership
    Any requirement in this agreement to tell us in writing or give us written notice must be by either signing a membership resignation form or notifying us by email from the same email address that we have for you in our records.

     

    1. On or after expiry of the minimum term
      1. If your membership is for a fixed term (paid in full) or direct debit, you do not need to do anything, as it will automatically end when the minimum term expires. A new agreement will be required if you would like to continue to utilise our services.
      2. If your membership is ongoing, it will continue after the minimum term unless you tell us in writing at least 14 days before the expiry of the minimum term that you do not wish your membership to continue.
      3. 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 14 days prior written notice.

      Where your agreement has not been terminated as above, any unpaid fees will need to be paid by you in addition to any fees incurred in taking action to recover the outstanding payments.  You are not entitled to a refund of any membership fees paid.

    2. During the minimum term
      If your membership is paid by periodic instalments (direct debit) and you are within your minimum term, you can cancel your membership at any time, however you must provide at least 14 days written notice and pay the $150 cancellation fee prior to cancellation being processed. All instalments up to the date of membership ending must be paid in full.
    3. Transferring your membership
      1. A direct debit membership, while within minimum term, can be transferred to a non-member for a fee of $50.
      2. A fixed term, upfront membership may be transferred to a non-member for a fee of $50.

      Transfers are subject to the non-member accepting the Membership Agreement (including these Terms and Conditions). The non-member must agree to continue paying the membership fees for the balance of the Fixed Term.

    4. Other ways that you can end your membership
      1. 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 cancellation fee will be applicable for cancelling in accordance with this clause.
      2. 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 to our reasonable satisfaction. In that event, you will not be charged a cancellation fee.
      3. You can cancel your membership by telling us in writing that you have relocated to an area not proximate to the Centre. However, in that event, if you are still within the minimum term of your contract, you will be charged a $150 cancellation fee.
      4. We make changes to this agreement that adversely affect you (please see clause 11).
    5. When we can end or suspend your membership
      We can suspend or cancel your membership if you fail to act in accordance with any obligation under this agreement, including if you:
        1. Do not behave in a correct and orderly manner in our opinion, respecting the entitlement of all patrons to use the Centre and the facilities in peace and without disturbance or disruption by you.
        2. Do not comply with the reasonable directions of our Staff.
        3. Misuse our products, services, or facilities or use them for purposes other than the uses for which they were designed or intended,
        4. Are within the premises of Club or its surrounds under the influence of drugs or alcohol.
        5. Are abusive or aggressive to Staff or other patrons or act in a manner that is lewd or provocative.
        6. Do not adhere to the terms of the Membership Agreement.
        7. Make any declaration concerning your age, health or proclivity to injury that proves false.
          If we suspend or cancel your membership, you must pay all your membership fees up to the date of the suspension or cancellation and you must pay the applicable suspension or cancellation fees.
  1. Cooling off period
    All memberships are entitled to a 48 hour cooling off period.  You will need to let us know in writing within the time specified for it to be effective.  We will charge the joining fee and fair amounts for fitness services we have already provided but will otherwise refund you any amounts you have paid to us within 7 days.
  2. Members under 18 years of age
    1. All members must be a minimum of 12 years of age.
    2. Members under 16 years are restricted to using the Centre during staffed hours.  Members aged 16 – 17 years are permitted to use the gym outside staffed hours with approved limited unstaffed access.  Members aged 15 years may use the Centre during unstaffed hours if authorised by management and supervised by a legal guardian who is also a member of the Centre.
    3. Minors aged 12 – 15 years are only to use weight equipment if specified in a program structured for them or approved by our Trainers.
    4. Any member under the age of 18 must have a parent or guardian co-sign their Membership Agreement Form.
    5. 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.
  3. 24 hour access
    If your membership entitles you to 24 hour access of the Centre and facilities, you are entitled to such use in accordance with these Terms and Conditions and the additional 24 Hour Access Terms.  We reserve the right to cancel your membership for not abiding by these terms.
    You acknowledge and agree that: 

    1. You must not admit guests or let anyone else use your 24 hour membership tag at any time. If you breach this term you will incur a $25 tailgate fee which will be debited from your nominated bank account or credit card. Your access during unstaffed hours will also be removed for a period of three (3) months.
    2. You must not admit other members into the facility even if they have forgotten their tag.
    3. If your membership is paid by direct debit and you have a late or rejected payment, access will be temporarily disabled until the payment has been paid in full.
    4. When training in unstaffed hours you must carry a duress lanyard with you at all times.
    5. If you deliberately use the emergency system inappropriately, you agree to pay any costs, loss or damage incurred because of this inappropriate use.
    6. No-one under the age of 18 years is permitted in the gym during un-staffed hours unless pre-authorised by management.
  4. Access tag responsibility
    1. Lost or damaged access tags will incur a $20 replacement fee
    2. Access tags are not to be shared with any other member or non-member.
    3. If your access tag is lost or stolen, you must notify the Centre within 24 hours.
  5. Other services
    There may be other services offered at the facility 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 if any additional terms apply to these services.
  6. 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 change as described in this clause below.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 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.
  7. Please keep your contact details up to date
    You must tell us promptly if you change your address, phone number, email, bank account, credit card information for payment or if there is a change to any other personal information relevant to your membership with us. This includes any matters that affect the health or safety of you or others.
  8. Privacy policy
    From when you apply for membership, we will have access to personal information about you, such as 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.  The latest version of the Privacy Policy will be available on our website.
  9. Video monitoring
    We use video monitoring in our facilities for health, safety and security reasons. If you have any queries in relation to the use of monitors operating in and around our facility, please contact us.
  10. Photo and Video permission
    Members involved in any activity at NRG Fitness Centre may be photographed or videotaped while in the facility.These photographs or videos may be used in a wide range of advertising material including on our website, Facebook, Instagram, inside the gym premise and other publicity material. The image(s) will remain the property of NRG Fitness Centre and will be used only for the sole purpose of promoting NRG Fitness Centre. Your personal details will remain strictly private and confidential.By becoming a member of NRG Fitness Centre, you consent to the use of these photographs and or videos without compensation.  Photos and/or videos are used in good judgement, and you have the right to revoke permission for use at any time. This revocation does not apply to printed/video media that has already been produced and released.
  11. Our liability to you
    1. The Australian Consumer Law (ACL) contained in the Competition and Consumer Act (CCA) provides certain 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, you acknowledge and agree that we exclude all liability to you for 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 those terms by the CCA).

    2. 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 that 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.

    3. Loss of property
      You promise that you will not unnecessarily bring valuables into the facility. Maintaining the security of unattended property in the facility is not part of the service we provide under this agreement.  We will not be responsible for any loss or damage to your property that occurs when property is left unattended in the facil.
  12. Your responsibility for damage
    You agree to pay for any damage to the facilities caused by you or your guests through a wilful act or negligence.
  13. Unexpected events
    We are not liable if you cannot use your membership due to anything beyond our reasonable control.  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.
  14. 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.
  15. Transferring this agreement
    We can transfer the rights or benefit 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.
  16. Severability and waiver
    If a court finds that any part of any term of this agreement is or becomes illegal, void or unenforceable, that part is deleted and 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 on future occasions.
  17. Terms and Conditions Acknowledgement
    By becoming a member of NRG Fitness Centre, you understand that this agreement is legally binding whether your use is limited to one visit (casual) or on a membership.  You acknowledge that NRG Fitness Centre has its own rules and regulations in addition to the Terms and Conditions of membership detailed here.