Membership Wavier

If you answered yes to the above question, Please discontinue this form and allow a parent or guardian to complete this on your behalf. If you choose to continue to complete this form without parental consent, we cannot issue you with a membership.   

Stage 1 (Compulsory)

Aim: to identify individuals with known medical conditions/disease or signs of disease, who may be at a higher risk of an adverse event due to exercise. An adverse event refers to an unexpected event occurring as a consequence of exercise, resulting in ill health, physical harm or death.

Please complete the below questions

IF YOU ANSWERED 'YES' to any of the 6 questions, please seek guidance from an appropriate allied health professional/medical practitioner prior to undertaking exercise.

IF YOU ANSWERED 'NO' to all of the 6 questions, please proceed to question 7 and calculate your typical weighted physical activity per week

Describe your current physical activity levels in a typical week by stating the frequency and duration at the different intensities.

If your total is LESS than 150 minutes per week, light to moderate exercise is recommended.

If your total is MORE THAN OR EQUAL TO 150 minutes per week, continue with your current exercise intensity levels.

It is advised you discuss any progression with an exercise professional to optimise your results

STAGE 2 (recommended)

• If you are utilizing the showers whilst at the gym you must respect that others may need to use the facilities.
•  Please make sure this area is clean and left the way you found it. If it needs some TLC, please let management know.
• Bermagui Fitness Factory may restrict or terminate your membership for repeatedly breaching this section.

• If you choose to have your child attend the gym, do so at your own risk.
• Your child is your responsibility
• Whist in the facility the child is not to climb or play on any of the equipment.
• There are some small toys and pencils for children to use. As such, it is your responsibility to tidy up after your child. Including any food mess made. This can be done using the vacuum located in the gym. If your child breaks one of these toys, the adult or guardian responsible for this child is responsible for replacing the toy. This will be debited from the members account using the direct debiting system.
• If children are to go to the toilet, they must always be accompanied, this is a road.
• Children are to be inside only or be inside the gated are on the grass. At no time should they be outside on the concrete driveway.

• Under no circumstances shall any member or associated party park anywhere that is not a dedicated car park to the premises. The dedicated car parks are directly outside the gym, on the asphalt road and on the adjacent side of the road to the gym.
• No member is to park on the grass at any time
• Please be respectful that people also live in this area and do not park in their driveway, failure to comply to this will result in that member mowing the neighbour’s lawn to amend for their mistake.
• All members must give way to anyone who requires the other sections of the building.
• Speed limit is walking pace within the complex. Please seek approval before parking inside
• Bermagui Fitness Factory may restrict or terminate your membership for repeatedly breaching this section.

• Any Member who wilfully or through their negligence damages the gym, the equipment or its property will pay for the damage. Members are responsible for damages caused by their guests and children.

The Centre may from time to time as reasonably necessary:

1. close off any part of the Centre or isolate any piece of equipment for repair,
   maintenance or safety reasons
2. To complete renovations or install new equipment

Memberships will not be paused for any closure period unless the duration is longer than 1 week.

• You agree to pay all Membership Fees as set out in this Agreement and the Payment Provider’s Direct Debit Form.
• For a DD Membership you must make your payments on a fortnightly, or monthly basis in advance.
• You must provide to The Fitness Factory, a Payment Agreement authorising The Fitness Factory’ Payment Provider to debit the Membership Fee due for each direct debit period from your Billing Account.
• You agree to pay any dishonesty fees incurred by use of the Payment Provider in regards to the members direct debit account for any payment that could not be processed due to lack of funds in the account.
• The Fitness Factory will endeavour to contact you by phone, sms, message or email to inform you of any overdue payments.
• A Member will be charged a $55.00 fee if their Access Card is damaged or lost and requires replacement.
• Additional fees (being bank charges or administrative charges incurred by the Payment Provider) may apply for any overdue or late payments.
• If there are excessive repeated failures to meet your payment obligations, your membership may be suspended or terminated. Any fees due will still be payable.
• The Fitness Factory reserves the right, at any time, to adjust the Membership Fees charged to Members for use of the The Fitness Factory facilities.
• The Fitness Factory reserves the right, at any time, to adjust the membership payment days if their membership has been paused for any number of reasons, including, but not limited to natural disasters, maintenance, or temporary closure of the centre.

• Staffed Hours means the hours in which coaching will be available.
• The Fitness Factory reserves the right to change the Staffed Hours at any time without notice.
• A Member may be subject to a Staffed Access only membership, which will only allow them to attend The Fitness Factory during staffed hours.

• All Casual visits outside of staffed hours are to be scheduled ahead of time to allow access to the facility.
• The Fitness Factory can not guarantee access to the gym in these circumstances at anytime.
•  Casual Members will have to agree to these terms & conditions.
• No Member is permitted to bring a non-Member into the gym without prior consent from Bermagui Fitness Factory.
• If a Member breaches this agreement, the Member acknowledges that:
• they accept responsibility and liability on their personal behalf for any injury, loss or damage attributed to the non-Member whether or not caused through the negligence of The Fitness Factory;
• the act of bringing a non-Member into the gym constitutes automatic acceptance by the Member to take responsibility of a casual pass for the non-Member. This can be done by notifying Staff of the casual membership and charging the casual through the use of the Square System, or the casual fee, will be charged to the Member in the following ways:
  For a Member who holds a DD Membership, this amount will be deducted from their payments. 
• Bermagui Fitness Factory reserves the right to terminate the membership of the Member who brings a non-Member into the gym without permission or without charging the casual for their visit.

• It is a condition of this Agreement that if recommended by Bermagui Fitness Factory, you participate in a scheduled Strength Circuit or Slow and Steady Strength session before commencing a membership to orientate yourself with the machinery and gym.
• alternatively, members must schedule a visit during staffed hours for a brief orientation to the gym by one of our staff members.
• The Fitness Factory may suspend or terminate this Agreement in the event of unsatisfactory completion of the gym orientation prior to the commencement of exercise.

• It is your responsibility not to participate in any activity which may adversely affect any medical condition.
• You hereby state to the best of your knowledge, you do not have any physical, medical or other disability or condition which may be affected or aggravated by, or which may result in any sickness, injury or death to you as a result of, your use of the gym, the equipment or its facilities.
• If you have any health or medical concerns now or after you join as a Member of the gym, you must discuss them with your doctor before using the equipment or the gym and provide the gym with a letter outlining your approval to workout from your GP.
•  You MUST outline any pre existing health issues or injuries on this form and seek written approval from your doctor before you may use the Centre.
• You acknowledge that The Fitness Factory and its employees did not and cannot give you any medical advice at anytime.

• You understand and acknowledge that The Fitness Factory purchases the equipment from a third party and therefore does not manufacture any of the equipment used in the gym.
• You understand and acknowledge that The Fitness Factory is providing recreational services and may not be held liable for defective products or equipment.
• The Fitness Factory is not held liable for any injury or death incurred as a result of using the equipment provided.

• The Fitness Factory is not liable to you for any personal property that is damaged, lost, or stolen while on or around the gym including, but not limited to, a vehicle or its contents or any property left on the shelving or mobile phone device.
• If you cause damage to the gym or any equipment you are liable to The Fitness Factory for its cost of repair or replacement.

• The Fitness Factory is entitled to ask you to agree to exclude, restrict or modify its liability for death or any personal injury suffered by you on gym premises, or from the use of our facilities or equipment.
• If you accept this Agreement, you agree to restrict the liability of The Fitness Factory if you are killed or injured, with the result that compensation may not be payable if you or a third party suffers death or personal injury.
• The Fitness Factory may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by accepting this Agreement. Even if you accept this Agreement, you may still have further legal rights against The Fitness Factory.
• A parent or legal guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child's rights.
• You use the facilities provided by The Fitness Factory at your own risk and acknowledge that the use of the gym may involve risk of injury, whether caused by you or another party. By accepting this Agreement you agree that The Fitness Factory will not be liable for any loss, injury, damage or theft of property, belonging to or brought onto gym premises by you, or for any death, personal injury or illness on gym premises, or from using our facilities or equipment.

• For security purposes, The Fitness Factory uses video surveillance equipment to monitor the gym on a 24 hour basis.
• Video surveillance is limited to the floor area only, outside of the facility and is not within the walls of the bathrooms.

Bermagui Fitness Factory warns that whilst you are on our premises using our gym you are at risk of suffering physical harm or personal injury including broken bones, soft tissue injuries, joint injuries, permanent disability or death. These injuries may occur from you:

slipping on wet flooring;
being struck by weights;
colliding with equipment, or other Members;                          
engaging in exercise that Bermagui Fitness Factory deems beyond your ability
Engaging in strenuous exercise and activities; or
incorrect use of equipment or gym,
being struck by lightning.

You acknowledge that any such injury may result not only from your actions but from the action, omission or negligence of others.
You acknowledge and agree that the above mentioned injuries and potential causes of injuries are not exhaustive, and there are other unknown or anticipated risks that may result in injury, illness or death.
You acknowledge that whilst every attempt is made to ensure that the recreational services and facilities provided by The Fitness Factory are safe, there are some significant and inherent risks involved, and you agree that you are participating voluntarily at your own risk and responsibility, thereby exposing yourself to certain risks.

• You may terminate your membership at any time after your initial 6 months
• Cancellation of the contract before the first 6 months will require the member to pay out any membership fees up to and until the initial 6 month period.
• You must provide a request for termination of your membership in writing to The Fitness Factory.
• The Member has a right to continue attending the gym until the Member’s prepaid period expires.

• The Fitness Factory may restrict your membership at any time on the following basis:
• Concern for the health and/or safety of the Member; or
• Non-compliance, improper or harmful conduct engaged in by the Member.
• Non-compliance with the Gym Rules and Conditions as outlined above.
• Bermagui Fitness Factory may terminate your membership at any time on the following basis:
• you fail to make any payments of your Membership Fees;
• Bermagui Fitness Factory reasonably suspects that you are engaging in illegal activity in the gym;
• you fail to follow any of the gym Rules, or violate any part of this Agreement; or
•  your conduct is improper or harmful to the best interest of Tthe Fitness Factory
  Members.
•  The Fitness Factory will not refund any unused portion of your fees.
• Upon termination of your membership by The Fitness Factory, you will cease to have access to the gym. Any money owing to The Fitness Factory when your membership ends, remains immediately due and payable.
• Upon termination of your membership by your election, you may continue to use the gym for any period that you have paid in advance. You will cease to have access to the gym once any period you have paid in advance expires