Conditions of Membership Agreement
The member is entitled during the membership period to unrestricted use of the facilities subject to conditions of this agreement and the rules and regulations (which the member acknowledges having received.
Membership includes use of the gym, bathrooms, facility staff for advice on fitness, fitness programming and group fitness classes. Personal training packages are available at additional costs.
The members rights will be automatically suspended (at the discretion of the manager) if the member is in default in making any payments required under this agreement. If any instalment of the membership fee is not paid on the due date then the whole of the balance of the membership fee then the outstanding will be at the managers option become immediately payable upon demand.
non-use of the facilities by the member gives no right to a rebate, cancellation or refund of the membership fee. If the facility remains closed during advertised hours of opening under the regulation (hours of opening) for any reason (customary and statutory holidays excluded) the members membership will be automatically suspended and extended for an additional period equal to the duration of the closure.
Outside any cooling off period to discontinue a membership requires full payment of a minimal contracted term.
The member accepts Vitality Health Hubs reserve the right to incrementally increase all memberships at any time.
The member may not transfer its rights under this agreement but the facility and the manager may transfer their rights on notice to the member.
The member warrants (as fundamental condition of this agreement) that the member is:
Medically able to participate in physical exercise and use the facility and
Not aware of having any physical or mental disability conditions or disease which may be aggravated or worsened by physical exercise or which could result in deterioration of health if physical exercise is undertaken.
9. The member acknowledges that the facility and the manager offer no warranty that the programs, advice or facilities available to the member are approved by any medical or other health authority.
10. To the extent permitted by law the member indemnifies and releases the facility, the manager, employee, agents and contractors from any claim
Arising by the reason of the member suffering disease, deterioration of health, illness or aggravation of any condition of ill health as a result of participation in the programs, acceptance of advice or use of facility.
For personal injury sustained by the member or damage to personal property in or on equipment or about the facility or
That the facility, the manager or any employee, agent or contractor of the club or manager is negligent.
11. The member accepts that with any physical activity, including the activities on offer at Vitality Health Hub, there is a risk of both minor or major accidents, illness, sickness, injury or death occurring.
12. The member acknowledges that the members uses the facility and the equipment at the members own risk. The member has been supplied with a pre exercise questionnaire relating to the members fitness to participate in the services offered by the facility and the manager or to use the the facilities provided on the premises. The rights and obligations under clauses 8 of this membership agreement will not be affected if a member has given answers to a pre exercise questionnaire which indicate that he or she has an injury or a risk of injury from participating in any services provided by the facility and the manager. If the member has given answers to a pre question questionnaire which that he or she has an injury or risk of injury from participating in any service provided by the facility or the manager the member must not use the facilities or services offered by the facility and the manager unless he or she has obtained appropriate medical and health advice in relation to the members use of the or participation in any facilities or services offered by the facility and the manager and has provided that medical or health advice to the facility and the manager.
13. The club and the manager do not act as a bailee of the members property and the facility and the manager will not be liable for the loss of or damage to the members property.
14. The member warrant that the member and any guest introduced by or accompanying the member in the facility must obey all rules and regulations and any lawful and reasonable direction of the manager and that they will not conduct themselves in any way which presents a danger to or creates a nuisance for the club and the members or persons using the club.
15. Despite any other provision in this agreement the facility and the manager reserve the right to cancel this agreement at any time by notice in writing without given reasons and without compensation but the member must receive a refund of any monies paid and attributable to the remaining membership period after that cancellation.
16. Except as prevented by fires, war, strikes, government regulation or similar causes, Vitality Health Hub will during the membership period maintain its scheduled hours of operation and in the event that the facilities regularly used by the member are closed for any reason the member agrees to accept similar facilities within a reasonable distance from the facility.
17. This agreement of itself does not confer upon the member any interests in any assets of Vitality Health Hub and the manager or any right to participate in the management of the facility , its premises and the club facilities or in the profits or assets of the club and the manager.
18. The club and the manager have the right to amend the rules and the fitness services provided regulations at any time without notice.
19. The facility may from time to time as reasonably necessary and with reasonable notice within the centre
Close off any part of the gym for maintenance and repairs.
Alter the opening and closing hours or class timetable in line with demand
Vary centre rules.
20. If a member is under 18 years of age, the guardian
Consents to the member being a member of Vitality Health Hub
Has read and understands this agreement and
Will use reasonable all endeavours to ensure that the member complies with this agreement and accepts responsibility for damage caused by the member.
21. In accordance with the fitness industry code of practice:
If the membership period is 3 months or more then the member has a 7 day cooling off period from the date of this agreement to terminate the agreement on written notice and
If the member terminates this agreement during the cooling off period then the member is entitled to a refund of all memberships and joining fee less $50 for administration costs.
22. In this agreement unless the contrary intention appears
The singular includes the plural and vise versa: b) a reference to a party includes that parties members and
“member” includes the guardian of the member if the member is under 18 years of age.
23. Membership suspension/time stop is available for a minimum of two (2) weeks and a maximum of four (4) weeks with any 12 month membership term.
24. The member consents to and authorises the use and reproduction, by Vitality Health Hub and its agent, of the following items relating to the members participation in the facilities activities
Video, Photographs, fitness results, comments and testimonials both written and recorded on audio and/or video, first name and initial, suburb and age. The member fully understands that the above information may be used for advertising purposes now and/or anytime in the future. The member also acknowledges that the member, or any successor, assignee or heir is not entitled to any compensation now and/or in the future for any or all use of said items of information.
25. Any renewal/extension of this membership agreement is undertaken with the understanding that the aforementioned ‘ conditions of agreement’ apply in full to any additional term.
By signing below, I acknowedge and agree to the terms and conditions of this membership.