Terms and Conditions

‘THE GYM’ TERMS AND CONDITIONS

THIS IS AN IMPORTANT DOCUMENT – PLEASE ENSURE YOU READ IT CAREFULLY

THIS IS PART OF YOUR CONTRACT

  1. Contract Rectification
    We have seven (7) days after the formation of the Contract to rectify any error or miscalculation provided in the Contract.
  1. Cooling Off Period
    After applying for membership, you have a seven day period (“Cooling Off Period”) during which you may cancel your membership. Notice must be given in writing. A refund equal to the Membership Fee and any additional amounts paid minus the Administration Fee and the cost of any fitness services already supplied will be applicable. If you terminate your Contract after the Cooling Off Period, different conditions will apply. The following termination clauses outline your right to terminate the Contract and any fees payable in such circumstances.
  1. Termination within the Minimum Term
    You may terminate the Contract without additional fees prior to the expiry of the Minimum Term with immediate effect by providing us with written notice if:
    • we make changes to the Contract which adversely affect you (please refer to clause 6);
    • we breach our obligations to you (please refer to clause 7);
    • you become subject to medical incapacity (please refer to clause 8); or
    • you otherwise become entitled to do so under consumer legislation.

If the above reasons do not apply to you and you still wish to cancel, you may do so by completing a member cancellation form at THE GYM, and by paying a $100 cancellation fee. To avoid cancellation fees, you also have the option to transfer your membership (please refer to Clause 10). Please allow up to 30 days after signing for processing.

  1. Termination on expiry of the Minimum Term
    If you have a Fixed Term Upfront Contract, it will terminate automatically upon expiry of the Minimum Term. If you have an Ongoing Direct Debit Contract you can complete a member cancellation form at ‘THE GYM’ at any time prior to the expiry of the Minimum Term and the Contract will then terminate on expiry of the Minimum Term. Please allow up to 30 days for processing.
  1. Termination after the Minimum Term
    If you have an Ongoing Contract you may terminate the Contract after the Minimum Term by completing a ‘cancellation form’ at THE GYM. You must then allow up to 30 days after the signing date for the cancellation to process. However, where either of us terminates the Contract, any unpaid fees will need to be paid by you or we may take action to recover the outstanding payments. We can refuse you entry to the Fitness Business at any time that your membership payments are not up to date.
  1. Termination when Changes made to Terms and Conditions
    You are entitled to terminate the Contract with immediate effect at any time by providing us with written notice if:
  • we make amendments to these Terms and Conditions and you do not continue to use the Fitness Business as contemplated by clause 27; or
  • Higher Membership Fees applicable to your membership are introduced.

No fees will be applicable for terminating in accordance with this clause apart from the Administration Fee, Membership Fees for the time you have been a member and any additional fees for fitness services already supplied.

  1. Termination where we Breach our Obligations
    If we are in breach of our obligations under the Contract and we have not remedied that breach within a reasonable time after you have notified us of our breach in writing, you are entitled to terminate the Contract with immediate effect at any time by providing us with written notice. No fees will be applicable for cancelling in accordance with this clause apart from, to the extent not impacted by our breach, the Administration Fee, Membership Fees for the time you have been a member and any additional fees for fitness services already supplied.
  1. Termination for Medical Reasons
    You may terminate your ongoing Contract with immediate effect at any time by completing a member cancellation form at THE GYM. You are also required to produce supporting documentation to our reasonable satisfaction to demonstrate medical incapacity. In that event, you will only be charged the Administration Fee, Membership Fees for the time you have been a member and any additional fees for fitness services already supplied.
  1. Termination for Relocation
    You may terminate the Contract at any time by completing a ‘member cancellation form’ at THE GYM if you relocate to an area not proximate to the Fitness Business. However, in that event, if you are still within the minimum term of your contract, you will be charged a $100 cancellation fee. If you transfer your membership to someone who is not a member, the cancellation Fee will be waived and transfer fees will apply (please refer to Clause 10). Please allow up to 30 days for processing.
    1. Transferring a Membership
      A Direct debit membership, while within minimum term, may be transferred to a non-member for a fee of $50.00.

A Fixed term upfront membership may be transferred to a non-member for $50.00.

  1. Fitness Business Rules
    You must ensure you read, understand and abide by the Rules which are notified to you through signage.
  1. Right of Exclusion
    We can refuse entry to the Fitness Business, cancel your membership and/or terminate the Contract without warning or notice for inappropriate threatening or harassing behaviour, damaging equipment or facilities or use of illegal or performance enhancing drugs in the Fitness Business.
  1. Payment of Fees
    Direct Debit Service Provider: You acknowledge that, if you choose the periodic billing option, payment will be made in advance via the direct debit service provided by Debit Success / EZYPAY. You acknowledge that you have been provided with a copy of the Direct Debit Service Provider terms and conditions. You acknowledge that the Direct Debit Service Provider may amend those terms and conditions from time to time by giving 30 days notice by communicating an updated version on the Direct Debit Service Provider website. All contact details for your Direct Debit service provider are available on your contract or from THE GYM.

Payment: All Membership Fees may be recovered from your nominated credit/debit account (as provided from time to time). Any bank fees charged to us because of a rejection when collecting your due membership fees may be charged directly to you by us or the Direct Debit Service Provider. If a Membership Fee payment remains outstanding, you agree that, unless we are in breach of our obligations under the Contract, we or the Direct Debit Service Provider may continue to debit the nominated credit/debt account for the total amount due without notice to you.

Direct Debit Service Provider Fees: Membership Fees may include a fee payable for the service provided by the Direct Debit Service Provider.

  1. Administration Fee
    The Administration Fee is a fee used for all set up costs of a new or a renewing membership. The Administration Fee is not refundable, even if you choose to cancel your Membership Application during your Cooling Off Period.
  1. Membership Fee Increase
    If paying by direct debit, ‘THE GYM’/direct debit service provider may at any time AFTER the end of the minimum term, upon sending written notice to the members last known address and giving 14 days notice, increase the instalment amount. If the member wishes to terminate this agreement as a result of the increase, the member must notify ‘THE GYM’ in writing within 14 days of the date of the written notice sent by ‘THE GYM’. The agreement will be terminated upon receipt of this notice. If the member does not notify THE GYM of it’s intention to terminate this agreement within such specified time period, then this agreement will remain in force and the increase in the instalment amount will be deemed to be accepted by the member.
  1. Suspension
    Membership suspension is available provided that all amounts payable for your membership are paid up to date. You can suspend your membership for travel, medical or other reasons. All suspensions must be applied for in writing to us at least fourteen (14) days prior to the commencement of the suspension period. Payments may be suspended for a minimum of 2 weeks at a time so long as the total time suspended within the minimum term does not exceed 6 weeks. There is a charge of $5 per week while the contract is suspended. Time on suspension will be added onto the minimum term of the contract.
  1. Damages/Personal injury / Waiver
    To the extent permitted by law, THE GYM excludes any liability to the member in agreement, tort, statute or in any other way for any injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by the member and/or any other person, or for any costs, charges or expenses incurred by the member, arising from or in connection with this membership agreement and/or the services/products provided by THE GYM and/or any act or omission of THE GYM. The client hereby releases and discharges THE GYM from any such claims or actions.
  1. Direct Debit Service Provider
    You acknowledge that the Direct Debit Service Provider is not a party to the Contract and its only role is to provide direct debit services to us. You may have separate rights against the Direct Debit Service Provider pursuant to the Direct Debt Service Provider terms and conditions. You otherwise agree not to hold the Direct Debit Service Provider liable for any actions, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs and expenses arising from or in connection with your involvement in fitness activities in the Fitness Business or otherwise in connection with the Contract.
  1. Risk Management
    To mitigate risk and ensure that you correctly operate or use any of our facilities, services, products or equipment, including the adjustments of levels or settings on any equipment, you are required to thoroughly read all instructional stickers on equipment before use. If you require anymore assistance you are to approach a staff member and undertake an instructional consultation.
  1. Responsibility for Damage
    You are solely responsible for any damage which you may cause to the Fitness Business, its facilities, services, products or equipment, if such damage is caused by your wilful act and/or negligence.
  1. Disclosure of your Physical Condition
    Provision of a safe and effective exercise program is dependent upon accurate health and fitness profiling. You agree to disclose to us all relevant personal health and fitness information both prior to and during engagement in any exercise program, service or facility we provide to you, as a part of your membership. This is inclusive of any health risk assessment, initial and periodic fitness assessment and relevant information or recommendations provided by your medical or allied health practitioner/s. You further warrant and represent that you will not use the Fitness Business or any of our facilities, services or products whilst you are suffering from any infections or contagious illness, disease or other ailment or whilst you are suffering from any physical ailment such as open cuts or sores or minor infections where there is a risk, however small, to other members and guests.
  1. Change of Details
    You must keep us promptly informed of any change of address, phone contact numbers, email address, bank account and credit card details for payment and any other personal information that is relevant to your membership with us.
  1. Intellectual Property
    These Terms and Conditions do not give you any intellectual property rights in the Fitness Business, or in our facilities, services or products.
  1. Privacy Statement and Acknowledgement
    During the process of entering into the Contract with you and during the term of the Contract we will obtain access to certain types of your personal information, such as information relating to your health and financial position. We will only use and the Direct Debit Service Provider will only use, disclose or deal with such information in accordance with our Privacy Statement. A full copy of our Privacy Statement is available by request at THE GYM. You can access your direct debit service provider’s privacy statement on their website at anytime.
  1. Governing Law
    These Terms and Conditions are governed by, and you agree to submit to, the laws applicable in the state or territory of Australia in which the Contract was formed.
  1. Variation
    We may, subject to your rights in clause 6, alter these Terms and Conditions or the Rules at any time upon thirty (30) days written notice. All use of our Fitness Business and its facilities, services and products after the date specified in such notice will be subject to such altered Terms and Conditions or Rules. If you continue to use our Fitness Business and its facilities, services and products after the date such alterations become effective or otherwise demonstrate by your conduct that you agree to the altered Terms and Conditions or Rules, you will be deemed to have agreed to the altered Terms and Conditions or Rules.
  1. Your Obligations
    You acknowledge that the Consumer Credit Code does not apply to these Terms and Conditions.

If, at any time:

  • you believe that you may not or may be unable to perform or comply with your obligations under these Terms and Conditions;
  • you are unable to pay your Membership Fees, including any instalment of Membership Fees, as they fall due for payment;
  • a cheque received from you is dishonoured;
  • you are or become bankrupt; or
  • your Membership Fees are overdue and are not paid in accordance with these Terms and Conditions in circumstances where we have not breached our obligations under the Contract,

you agree that:

  • you will immediately notify us that one or more of the above notifiable events has occurred and you will keep us notified on a monthly basis until such notifiable event no longer exists;
  • we have no obligation and will cease to allow you to use any of our services or products available to you under your membership while a notifiable event exists;
  • we may terminate the Contract with immediate effect by providing you with written notice;
  • we may request payment in advance for the remainder of the term of your membership; and
  • we have no obligation to respond to any offer you make to extend or renew your membership while a notifiable event exists.
  1. Severability
    If any part of this Contract is or becomes illegal, void or unenforceable, this does not invalidate the rest of this Contract