Agreement
This agreement sets out your rights to use our facilities and services and the responsibilities you must comply with as a member. These responsibilities include payment of membership fees, do not depend on how often you use our facilities and services.
Fees
You agree to pay the fees as set out in this agreement and agree to be bound by the direct debit terms and conditions as described in this agreement.
• Weekly rate - $15
• Monthly rate - $59.00
• 3 Monthly rate - $175.00
• 6 Monthly rate - $340.00
• Yearly rate - $625.00
Upfront payments / flexible membership
If you wish to pay for your membership fees upfront you must pay for at least one month. This will give you a flexible membership.
Direct Debit/ fixed membership
If you wish to use the direct debit system you can choose weekly, fortnightly, monthly, or quarterly. This will give you a fixed membership.
Termination of flexible membership
If you have a flexible membership of 3, 6 or 12 months and wish to cancel your membership within your term without penalty, you must meet our fair cancellation ciiteria, and be able to provide sufficient evidence to support your request. You must sign a cancellation form and return your access tag.
The terms of our fair cancellation criteria are as follows:
• Sick or incapacitated for 90 days or more - sufficient supporting evidence includes a certificate from a licensed practitioner stating that you cannot exercise, with dates included.
• Financial difficulty - sufficient supporting evidence may include a letter from your employer stating a change in employment circumstances, or documentation of a change in a rental situation such as loss of current tenants.
• Moving away - sufficient supporting evidence includes proof of your new address which is more than a 10km radius outside of the Clinic, with your full name detailed.
• In cause of death, your estate must provide written evidence.
Termination of fixed direct debit membership
If you have a fixed membership you may terminate at any time upon:
• Signing a cancellation form. This formed is to be signed by both the client and a clinic employee.
• Return your access tag when your membership ends.
• Any notice of termination must be received at least fourteen (14) days before your direct debit bill date to allow the Clinic sufficient time to process your termination.
Termination for cause by the Clinic
The Clinic may terminate your membership if:
• you fail to follow to make timely payments under any payment plan
• you fail to follow any of the Clinic's policies or rules or violate any part of the agreement or
• your conduct is improper or harmful to the best interests of the Clinic or its members.
• allowing non-members to enter on your access tag.
Termination is effective on the day the Clinic emails/mails a written notice to your last known address. You are liable for any financial obligations until that date. If you prepaid your fee, the Clinic will not refund any used portion and you must immediately return your access tag.
Effect of termination and financial obligation
Upon cancellation or termination, your right to use the facilities ends, and the Clinics can deny you access. Any money owing the Clinic when your membership ends remains immediately due and payable and will be deducted from any refund for which you may be eligible. If there is not sufficient money to cover the debt, the Clinic will take action to recover the money owed.
Access Tags
You will receive an access tag that allows you to enter the Clinic 24/7.
• This will be a $20 fee for the tag which will be refunded to you should you cancel your membership
• If you lose your access tag you will be required to pay another $20 for a new tag.
• You are not to allow anyone else into the Clinic on your access tag.
Minimum Age
All membership holders of the Clinic must be a minimum age of 15 years*. All minors under the age of 18 must have a parent or guardian co-sign the membership agreement form and acknowledgement of indemnity waiver.
Minors aged between 15 - 18 must comply with the following restriction:
• Access during staffed hours only - no access tag will be issued unless the member is accompanied by a parent or guardian
• A pre-exercise questionnaire to be completed by parent or guardian.
*The Teen Strength classes however, are for children aged 11 to 15-years. These classes will be fully supervised by Clinic staff. The Teen strength is not a part of this membership agreement.
24/7 Access
The Clinic only grants members 24/7 access to its facilities. Any member who brings a non-member into the Clinic during unstaffed hours 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 Clinic.
• The member bringing a non-member to the Clinic will have their membership immediately cancelled and be charged $150 non-compliance charge.
Unstaffed hours
The Clinic operates on a 24/7 basis and is accessible by current members during unstaffed hours. As a member utilising the facilities, you acknowledge that you enter and use the facilities at your own risk. If you feel there is a risk to your personal property, health and safety or you have any other concerns regarding the undue effect of exercising in an unstaffed facility then Do Not sign this agreement,
Staffed hours
The staffed hours for the Clinic are displayed at the entrance of the Clinic and updated on the website weekly. The Clinic reserves the right to make amendments to the staffed hours at any time without notice.
Video Surveillance
For security purposes, the Clinic uses surveillance equipment to monitor the facility on a 24-hour basis. By signing this agreement, you acknowledge that by accessing the facility you will be subject to video surveillance and recording. The video surveillance is limited to the floor areas only and is not within the walls of the bathrooms.
Release
You use the facilities provided by the Clinic at your own risk and acknowledge that the use of the facility may involve risk of injury, whether caused by you or another party. You release, to the fullest extent permitted by law, the Clinic against and from all expenses, costs, liabilities, claims, actions, proceedings, damage, judgements and losses of any kind whatsoever arising out of, caused by, attribute to or resulting from any accident, damage, loss, damage to property, injury or death of any person.
Indemnity
You indemnify the Clinic against and from all expenses, damages, cost, liabilities, actions, proceedings, judgements and losses of any kind whatsoever that the Clinic incurs arising out of, caused by, attributable to or resulting from any accident, damage, loss, damage to property, injury or death to any person caused by you at or in the Clinic or in the vicinity of the Clinic.
Equipment
You understand and acknowledge that the Clinic purchases equipment from a third party and therefore does not manufacture any of the fitness or other equipment used in the Clinic. You understand and acknowledge that the Clinic is providing recreational services and may not be held liable for defective products or equipment.
Physical condition and no medical advice
You represent that you are in good physical condition and have no medical reason or impairment that might prevent you from using the equipment at the Clinic. You acknowledge that the Clinic did not give you any medical advice before you used the equipment and cannot give any medical advice after you use the equipment. If you have health or medical concerns now, or after you join, you must discuss them with your GP.
Liability for property
The Clinic is not liable to you for any personal property that is damaged, lost or stolen whilst on or around the Clinic including but not limited to, a vehicle or its contents or any property left in an open locker. The Clinic provides lockers with keys for you to utilise. If you cause damage to the Clinic or any equipment you are liable to the Clinic for its cost of repair or replacement.
Change of details
You must provide the Clinic with any changes to your details which are relevant to your membership.
Entire agreement and enforcement
You acknowledge that neither the Clinic nor any other party has made representations or promises upon which you have relied on when entering this agreement. This document contains the entire agreement between you and the Clinic and replaces any oral or other written agreement. Any manual or handwritten changes to this agreement are not valid. If a court declares any pait of this agreement invalid, it will not invalidate the remaining parts, which continue unaffected. If the Clinic does not enforce any rights in this agreement for any reason the Clinic does not waive its rights to enforce it after.
48 hours cooling off period
You can cancel your membership within 48 hours after signing this agreement by advising the Clinic manager. If you do, the Clinic will refund all money you paid within 10 days of when the Clinic received the notice. An administration fee of $75 or 10% of fees paid is payable if you exercise your right to the 48-hour cooling off period.