- 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.
- 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.
- Safety first!
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.
a. 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 promise 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.
b. Proper use of equipment
You promise 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 properly, please ask a staff member before you use it.
c. 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 you are not sure about.
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.
d. 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.
e. 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.
- We take your privacy seriously
b. Video monitoring
We may 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.
c. Please keep your contact details up to date
You promise to 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.
- 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.
- When can you put your membership on hold?
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. You will not be charged a suspension fee provided you can produce satisfactory supporting documentation. 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 where no documentation can be provided. While your membership is suspended, the term will be extended and we will freeze any direct debit payments that fall within the suspension period.
- Ending your membership
For the purposes of any requirements in this agreement to tell us in writing or give us written notice, we will accept notification by email or post.
7.1 On or after expiry of the Minimum Term
If your membership is for a Fixed Term, you do not need to do anything, 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 in order 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 least 14 days 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 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.
7.2 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 paragraph (a) below);
- you become subject to medical incapacity (please see paragraph (b) below);
- we make changes to this agreement that adversely affect you (please see clause 12);
(When a cancellation fee may apply)
- you relocate or simply wish to cancel for any other reason (please see paragraph (c) below); or
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 cancellation fee will be applicable for cancelling in accordance with this clause.
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 to our reasonable satisfaction. In that event, you will not be charged a cancellation fee.
c. If your membership is no longer convenient
You can end your membership during the Minimum Term with 14 days’ notice at any time by telling us in writing and paying the $150 cancellation fee.
Please note we will consider any request to transfer your membership and may agree to the transfer at our reasonable choosing subject to satisfaction of reasonable eligibility conditions and your payment of the transfer fee. You will not be charged a cancellation fee if we agree a transfer to someone who is not currently a member and they have paid our standard joining fee.
- When can we end your membership?
In addition to our other rights under this agreement, we can terminate your membership by written notice to you if you fail to act in accordance with any obligation under this agreement and you do not remedy the failure within a reasonable time of us giving you written notice requiring you do so. If we cancel this agreement under this paragraph 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.
- Fees you have to pay for your membership
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.
a. 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.
b. 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 by equal periodic instalments.
If your membership is Ongoing, membership fees must be paid periodically in advance until your membership ends.
c. Cancellation fee
The cancellation fee for memberships that are within the minimum term is $150.
d. 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 address you have given us (which may be email address). Where we have done so, you 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.
- When you pay by direct debit
a. 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.
b. 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.
c. 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. 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.
- Issues with 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 include such as 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.
This is important because we are not liable for any injury, loss or other claims arising from breach of contract, negligence or otherwise that are suffered by you in connection with any outside provider services, other than to the extent caused by our negligence. In addition, you 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. Nothing in this clause limits our liability for the actions of our employees or agents.
- 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.
- 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 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.
13. Our liability to you
a. 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 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).
b. 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.
c. 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 facility.
- 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.
- General legal guff
- 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.
- 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.
- 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.