1. Prices stated in this agreement are inclusive of GST.
2. a. The agreed upon amount will be debited from your account/credit card on a fortnightly basis asauthorised by you. You agree to sign all documents necessary to allow the gym to fortnightlydirect debits of the agreed on amount from your account.
b. You have been made aware of the Initial Term and the Initial Term expiry date as set out above.
c. After the initial 7 Day Cooling off Period (as set out below) you are not able to cancel yourmembership during the Initial Term without the incurrence of a fine according the circumstancesas set out below in the paragraph titled, ’Cancellation’.
d. You have been made aware of the terms in the below paragraph titled ‘Cancellation’.
e. You agree that fortnightly direct debits are payable until the expiry of the Initial Term and duringany Continuing Membership Period even if you do not use the club.
f. It is your responsibility to ensure that sufficient funds are available for debit from your nominatedaccount when the fortnightly payments are expected to be withdrawn. If the debit is unsuccessful you will be responsible for any administration or collection fees that are incurred. We may, withabsolute discretion, debit up to a maximum of three fortnightly payments without notice shouldprior debits be unsuccessfully processed.
g. If the authorised credit card or account is closed or cancelled or payment amount is disputed a $25.00 fine will be incurred and all outstanding payments will become immediately payable.
h. Membership fees are payable whether or not you use the clubs facilities.
i. Membership fees are non-refundable.
3. Privacy: The information we collect from you (including your name, address, date of birth, driver’slicence number and account details) for the sole purpose of providing our services to you. You agreethat we may disclose your personal information to our professional advisors, debt collection serviceproviders, third parties providing services and benefits to the gym financiers, government authorities,or organisations as required and authorised by law. Your details will be stored as part as a databaseand may also be used for internal administrative purposes, debt collection purposes or promotionalpurposes. You may request access to your personal information by contacting us during businesshours on the business number. If you do not provide all or the requested amount of personalinformation asked of you then we may not be able to provide our services.
4. Rules: By signing this you agree that you have been made aware of the rules and regulations of thegym and will abide by those rules and regulations while you are in the gym.
5. Payments: Unless cancelled as provided in this Agreement, you will be responsible for all paymentsdue and owing under this agreement even if you do not use our services. If the clubs facilities becometemporarily unavailable due to an event such as a fire, flood or the like we will extend yourmembership privileges for the period of the facilities were unavailable.
6. Security: The Club premises are under 24 hour camera surveillance. From the moment you enter theclub until the moment you leave your actives are recorded. By signing this you agree to having youactions reordered and the fact that footage featuring your person may be used for legal purposes. Acourtesy telephone is also available for emergencies in the gym and should be used if you feelthreatened or witness suspicious activity. The surveillance system does not protect you from harm inor in front of the premises. Do not allow access to people who knock on the door or let any othermembers in as doing so may put you in danger of harm. The club is equipped with medical call andpanic buttons that are designed to notify the authorities in case of an emergency.
7. Member assumption of risk and release: You understand and accept the risk of injury, both knownand unknown, that may occur as a result of actives within the gym or using the gym equipment thatcan even result in significant harm or death. You knowingly and freely assume such risks, both knownand unknown. You acknowledge that this is an unsupervised fitness facility and assume all risksassociated with training on your own and using equipment unsupervised as well as the risks involvedwith exercising alone in a gym that is unsupervised without the presence or aid of gym employees.You understand that this club is independently owned and operated and you hereby release and indemnify and hold harmless the gym, it’s owners, gym employees, sponsors, advertisers andassociated community bodies with respect to any and all injuries, disabilities, death or loss of damageof personal property, whether arising from negligence of the releases or otherwise, that may arise outof or in connection with the gym facility or the use of any equipment. You expressly agree that thisrelease is intended to be as broad and inclusive as permitted by the laws of the state in which the gymis located and if a portion of this release is held invalid, the balance shall remain in full force andeffect. This release shall apply to your heirs and assign and in the case of a family membership, to anyminor included in your membership and on whose behalf you hereby sign as parent/guardian. Youunderstand that the gym is relying on this release in agreeing to enter into this Agreement.
8. Minors: As parent/guardian of a minor you hereby agree to be fully responsible for any and allactions, damages, injuries or loss to property or person performed by the minor with or without yoursupervision in the gym. You further agree that any breach of the rules and membership agreement onthe part of the minor may constitute a loss of your membership.
9. Warranty: You warrant that all information you have provided to us is accurate and true. You further warrant and represent that you do not have any medical or mental condition, disability or disease that may become worse during exercise or as a result of participating in any activity at our facility.
10. Australian Consumer Law, Exclusions and Limitations: You have certain rights under the Competitionand Consumer Act 2010 (Cth) including the Australian Consumer Law in connection with the goodsand services we supply you. The only conditions, warranties or guarantees which are binding on us inrespect of the services and goods supplied by us, our employees, servants or agents to you are thoseimposed or required to be binding by the statute (including the Competition and Consumer Act2010(Cth)) and those expressly set out in the agreement.
11. Safety Notices:
• The club is under 24-hour recorded surveillance and the use of your membership card is logged.
• You must not bring in guests at any time without prior written consent from the gyms staff. If this policy is violated, at our discretion, you may be charged a guest fee, have yourmembership suspended and or cancelled. If your membership is cancelled pursuant of thisclause, then you may be charged the full cancellation fee.
• You must not allow anyone else to use your access card and must alert the club immediatelyif it is lost or stolen. Violating this policy carries the same consequences as the aforementioned visitor’s policy.
• If you do not have an access card you will not be allowed into the club. During non-staffedhours you should not ask, nor expect, any one else to let you into the gym.
• Gym has the rights to deny entry to members or non-members who pose a threat to life,safety of individuals/members within the gym facilities.
• Personal training provided in the gym may be provided by employees of independentcontractors.
• You have access to a free orientation to the facility and the appropriate use of theequipment.
• No Clothing such as Hijabs, burka, and or any other types to be worn that may interfere withmachines and cardio equipments during exercising in the gym, failure to follow this rule willlead to payable fines, payable amounts to the damage of exercise equipment and suspensionof membership and termination of your gym contract with no refund.
• Gym will not be held responsible for injuries incurred and or take responsibility in any wayfor members from following the exercise program given to members by personal trainers.
• Enclosed footwear must be worn when exercising on the gym floor, if for any way you arenot wearing enclosed footwear, the staff of Gallipoli fitness have the right to exit you of thegym premises, deny entry and or give out payable fines for misconduct.
• You are not allowed in anyway as a member to bring adolescents and individuals under theage of 16 onto the gym floor, failure to comply will lead to severe payable fines andtermination of membership with no refund. used. Failure to un-rack weights after your use may result in severe fines or suspensions andfurther termination of your membership without exiting for your agreed contract terms.
• You must use the safety features of the equipment. If you are unsure of how you should usea machine, you should obtain instructions from the staff or a personal trainer.
• You are responsible for understanding how to use the panic alarms and agree only to usethem in case of emergency.
• Horseplay, vulgar language, abuse of the equipment, working out in an inappropriate state orother offensive and inappropriate behaviour will result in a $250 fine and or a cancellation ofyour membership.
• Photography and or videography are not permitted anywhere in the gym.
• Age requirements- Persons under 16 are not permitted in the gym unsupervised.
12. Your right to cancel:
• 7 Day Cooling off Period: If you wish to cancel this Agreement you may do so by deliveringor mailing a written notice to the gym. The notice must say that you no longer wish to bebound by the Agreement and must be received before midnight of the 7 th day since yousigned up in order for you not to incur a cancellation fee. If you do cancel within the 7 daycooling off period the gym will return the money that was collected from you upon signingup except the FOB key and joining fee fees which will not be refunded. The 7 day cooling offperiod commences on the date the membership agreement is signed.
• Medical Cancellation: You may cancel this agreement with a early termination fee of $120 and or 3 months of membership fees, whichever is greater provided you bring a Generalpractitioner medical certificate critically outlining your illness to the gym facility.
• Relocation Cancellation: You may cancel your membership by giving one month writtennotice to the facility in person if you must permanently move to a residence that is 15km ormore away. You must tell us, in writing, that you are moving and provide evidence of yournew address in form of a letter or driver license and further provide your phone number.
• Cancellation Fees are applicable if you cancel due to medical or relocation reasons. Shouldyou cancel your membership due to medical or relocation reasons and are on a paymentplan, the gym will terminate the agreement upon the receipt of an early termination fee of $120 and or 3 months of membership fees, whichever is greater. Please note a General Practitioner certificate which clearly diagnoses you with the medical condition needs to begiven to the facility in person for the cancellation of your membership with the minimumfee payable to take place. Cancellation after the Initial Term Expiry Date: You can cancel your membership after theInitial Term if you give a 4 week written notice at the gym facility. Your cancellation noticewill be in the form of you, the member, filling out the membership cancellation document atthe gym facility during staffed hours.
Cancellation request has to be made in person by youthe member at the Gallipoli Fitness centre. Please note the membership cancellation formneeds to be filled by you before any cancellation process of the membership is initiated.
13. Late Fees: You agree to pay $15.00 late fee if your fortnightly payment is received past its expecteddate, does not come at all or cannot be withdrawn from your account. This applies to any fee withindrawn from your account. Should you default on your payment plan you agree to pay all collectioncosts including agency fees, external debit company fees or administration charges, court orarbitration fees that may be paid or incurred by the club in the perusal of your fees. You agree thatthe gym or a third party their agents and assigns may send you communications including but notlimited to late payment notifications.
14. Transferring membership: You will have no rights or authority to assign or transfer your membershipto any other party.
15. Suspending accounts: Prior 6 week written notice should be given to the gym facility to suspendaccounts for accounts on direct debit with valid reasoning and enough evidence, maximum of 6 weeksand a minimum of 1 month account suspension is permitted if valid reasoning and the mentioned 6 weeks written notice to facility is given. No suspension of accounts will be given to members whohave paid all upfront funds to their agreed term of gym membership. The gym facility at any chancehave the rights to not consider members request for account suspensions if needed.
16. Maintenance of facilities: The gym may be temporarily closed for period of up to 2 weeks each yearfor maintenance of equipment and the facility as a whole. The gym reserves the right to add anannual facility charge to membership fees if needed valued at the cost but not exceeding 1 month ofmembership fees. Should this charge be applied you will be given 60 days’ notice and upon yourauthorisation it will be debited from your account along with your membership fees for that period.
17. This is an ongoing membership agreement. The agreement will continue until either you or thesupplier terminate it in a way that was described and agreed upon according to the agreement. Ifan automatic debit arrangement is in place, membership fees will continue to be drawn until youcancel the arrangement in the agreed upon ways. If you terminate the debit agreement in any waythat is not outlined in this agreement, you will be personally responsible for the breach of contractand liable to the gym for damages and for money owing.
18. When a member places their membership on hold or temporarily suspends their account, the remaining term of the membership contract will also be paused for the duration of the hold. The contract term and associated payment obligations will resume only once the membership is reactivated and regular payments have recommenced. For clarity, any suspension period does not reduce the total financial obligation or contract duration. For example, if a member has a remaining balance of $250 on their membership contract at the time of suspension, this amount will remain unchanged during the hold period. The balance will only continue to decrease once the membership is active again and payments resume. Members should not expect the outstanding balance or the duration of the contract to reduce during the suspension period.
19. Membership Contract Fulfillment A membership contract is fulfilled not by the passage of time or the duration of the membership term, but by the full payment of the total contract value as specified at the commencement of the agreement. For example, a 12-month membership with a total value of $500 is not considered fulfilled solely because 12 months have elapsed. The contract is only considered complete once the full $500 has been paid, regardless of the time elapsed. If any portion of the total contract amount remains unpaid at the end of the term, the membership is deemed incomplete until the outstanding balance is settled in full. Accordingly, a membership contract cannot be fulfilled until the total calculated and agreed-upon amount is paid in full, irrespective of the term length.