NHSLSC Gym Agreement & Consent Form

Definitions 
 
“Agreement” means this Membership Agreement, including the Schedule, Terms and Conditions and any annexures; 
“Club”, “we” or “our” means the North Haven Surf Life Saving Club; 
“Commencement Date” means the date that the Club provides the Services to the Member, or such other date as agreed by the Club and the Member. 
“Facilities” means the gym equipment, machinery, amenities, access card and other facilities available at the Club; 
“Fees” means the fees payable by you to join and participate in the Membership; 
“Member” or “You” means the person entering into this Agreement and joining the Membership, 
“Term” means the term of this Agreement, 
“Long-Term Closure” means a Facilities closure of consecutive days totalling 60 days or more. 
 

1. Term of services 
    
   This agreement will commence on the Commencement Date and will continue until all instalments and payments due have been paid in full, unless terminated earlier in accordance with clause 3. 
    
2. Early Termination 
    
   This Contract may be terminated at any time with the agreement of the Club. The Member shall not consider that this agreement has been terminated until such time as termination is confirmed in writing to the Member by the Club. Early termination may occur due to a change in personal circumstances for you, COVID-19 and other pandemic restrictions preventing regular access to the Club, renovations, natural disasters or other occurrences that result in Long-Term Closure of the Facilities. The Club will agree to refund a pro-rata amount to the Member for membership fees already paid on a pro-rata basis to the maximum extent of 80 percent of the annual membership fees. 
    
3. Provision of Services
   1. In consideration for payment of the Fees, the Club agrees to provide with access to the Facilities and the Services during the Term.
   2. Your safety is important to us, and as such, we will use our best endeavours to ensure that the Facilities and the Services are safe, hygienic, and secure.
   3. If at any time Members become aware of an issue with the Facilities or the Services, please notify the Club immediately – contact details will be provided in an email to your nominated account.
   4. The Facilities offered are subject to change from time to time without notice to you.
   5. Some membership types have restricted access. It is the responsibility of members to check with your club what restrictions your membership has regarding access. 
4. Member Obligations 

1. Members agree to, at all times, abide by the rules of conduct, behaviour, dress code and other policies or rules in place contained either in the ‘Gym Rules, and are/or displayed in the Club. 
2. Members must not permit any other person to enter the Gym or to use the Facilities and Services, as a non-member, without our prior consent.  
3. Members must not intentionally activate any duress buttons or signals without having reasonable cause to do so.  
4. Members must notify the Club if your contact details change. 
5. Members must have a site tour of the facilities with a designated Club officer before entering into the agreement

1. Limitation of Liability

1. Members acknowledge and recognise the inherent risks of injury or ill health resulting from use of the Facilities and Services and participation in exercise generally. It is recommended that you seek medical advice prior to commencing any exercise program.
2. To the extent permitted by law, you agree to release and indemnify us and our Related Entities for any loss or damage suffered by you in respect of any incident arising out of injury, loss, damage, or death caused to you or your property in any way whatsoever, except arising out of our reckless conduct. 
3. You agree that you use the Facilities and Services at your own risk and responsibility. 

1. Limitation of Liability for Minors
   1. Members acknowledge and recognise the inherent risks of injury or ill health resulting from use of the Facilities and Services and participation in exercise generally. For minors (persons under the age of 18) you must seek medical advice prior to commencing any exercise program or undertaking activities in the Facilities. Signature by guardian, parent or care-giver on the declaration below indicates this has occurred.  
   2. To the extent permitted by law and, by signature of your guardian, parent or care-giver, as a minor, your aforementioned guardian, parent or care-giver agrees to release and indemnify us and our Related Entities for any loss or damage suffered by you in respect of any incident arising out of injury, loss, damage, or death caused to you or your property in any way whatsoever, except arising out of our reckless conduct.  
   3. The guardian, parent or care-giver signature below, indicates agreement that the aforementioned guardian, parent or care-giver is aware that use of the Facilities and Services is at own risk and responsibility of the minor. 
   4. 18+ Years of Age – Patrolling Member and/or Family Membership: No restrictions. Anyone aged 18 or over can participate in all Facility activities, either supervised or unsupervised. 
   5. 16-17 Years of Age – Family membership and/or Patrolling Member. You are eligible to participate in accordance with the guidelines below:  
      Require guardian/parent/care-giver approval to participate (subject to signature below); 
      
      1. Can participate in all supervised fitness programs/classes (i.e. non-weight based, weight-based, or boxing, circuits, etc); 
      2. Are able to use cardiovascular equipment unsupervised; 
      3. Can use resistance/weight-based equipment unsupervised so long as: 
         a pre-screening questionnaire and assessment has been performed by a qualified staff member (performed by Captain of Lifesaving or Membership Representative) 
      4. an initial training program has been written and demonstrated by a qualified staff member (performed by Captain of Lifesaving or Membership Representative) 
      5. an induction has been performed by a qualified staff member (performed by Captain of Lifesaving or Membership Representative) 
   6. 15 Years of Age – Family membership and/or Patrolling Member. You are eligible to participate in accordance with the guidelines below:  
      1. Require parent/guardian approval to participate (subject to signature below) 
      2. Must complete a pre-exercise screening questionnaire prior to commencing any training and it must be signed by parent/care-giver/guardian; 
      3. Can participate in supervised non-weights based programs; 
      4. May participate in structured or other supervised programs at the discretion of the Captain of Lifesaving or Membership Representative; 
      5. Can use cardiovascular equipment unsupervised; 
      6. Cannot participate in unsupervised resistance/weight-based training or classes (including circuits and boxing). 
          
2. Fee Structure 
    
   Membership fees are due on the anniversary of the ccommencement of membership each year (subect to any other agreement or offer made by NHSLSC). Standard fees are $300 per year (subject to change at anytime) plus $25 for a 24/7 access fob and $25 for a replacement fob (if required)