1. INTRODUCTION
By signing the Membership Agreement you acknowledge and agree:
(a) that you have been given a copy of these terms and conditions and you agree to abide by the rules of membership;
(b) you are medically sound to undertake the Activity;
(c) you use the Club facilities at your sole risk and responsibility;
(d) you are aware that exercise is physically demanding and participation in some activities may pose a risk to your health;
(e) if You believe that there is a risk to Your health by participating in an Activity, You must inform Us in writing.
This agreement also relates to the member’s authority to Ezypay Pty Ltd to directly debit the nominated bank account or credit card for any instalments or fees due under the terms and conditions of this Agreement and Direct Debit Request which is located at hello.ezypay.com.
2. DEFINITIONS
In this Agreement unless the contrary intention appears:
(a) The singular includes the plural and vice versa.
(b) A reference to a party includes that party’s legal personal representative, heirs and assigns.
(c) “Activity” means any of the services offered by the Club, including but not limited to group fitness classes, use of gym equipment, personal training, personalised fitness programs, boxing sessions and sparring sessions.
(d) “Club” means Nitro Fitness & Boxing.
(e) “Conditions of Entry” means the conditions of entry specified in clause 9 and as updated or amended from time to time.
(f) “Ezypay” is Ezypay Pty Ltd, Locked Bag 4003, Chatswood, NSW 2057, Phone: 1300 300 553, E-mail: customerservice@ezypay.com.au
(g) “Member” includes the parent or guardian of the Member if the Member is under 18 years.
(h) “Membership Fee” means the amount of AUD $25 per week (standard membership) or $40 per week (team boxing membership) as the case may be (incl GST).
(i) “Nitro Boxing” means BRJL Fitness Pty Ltd ABN 34 679 694 538 trading as Nitro Fitness & Boxing.
(j) “Us” or “we” means Nitro Boxing.
(k) “You” and “your” means the Member.
3. PAYMENT
(a) Payment of the Membership Fee may be made by way of:
(i) Electronic funds transfer (EFT) into our nominated bank account:
(ii) Credit card payment; or
(iii) Direct debit via Ezypay.
(b) Payment of the Membership Fee is due weekly commencing from the date of this Membership Agreement.
(c) If payment of the Membership Fee is made via EFT or credit card, You are required to be 3 months in advance at all times.
(d) Where the Club is engaged to provide a training program for You, such program will not be provided until payment is received in full.
(e) Where You have pre-purchased training sessions in advance, such training sessions must be used within 6 months of purchase. No refunds are provided for unused training sessions, whether within or outside of the 6 month period following purchase.
(f) Where a training session is cancelled within 24 hours of the scheduled time, the session must be paid for in full or where applicable, a session will be deducted from any pre-payments already made.
4. ASSUMPTION OF RISK
(a) You understand that participating in the Activity entails risk of physical injury including, but not limited to:
(i) bruising or contusions;
(ii) broken or fractured bones;
(iii) damaged teeth;
(iv) sprains and strains;
(v) musculoskeletal injuries;
(vi) heart attack;
(vii) Stroke;
(viii) Concussion;
(ix) brain damage;
(x) death.
(b) While Nitro Boxing takes all reasonable care to minimise these risks, You acknowledge and accept that You are engaged in these recreational Activities at Your own risk and You voluntarily accept and assume full responsibility for any risks of loss or personal injury, including death, that may be sustained as a result of participating in the Activity. You acknowledge and agree that Nitro Boxing will not be liable for any harm (including personal injury, accidents, illness or death) suffered by You as a result of the materialisation of such risks.
(c) When a Member engages in boxing or sparring activities at the Club, the Member acknowledges and accepts that:
(i) boxing and/or sparring is a dangerous recreational activity as defined in s18 of the Civil Liability Act 2003 (Qld) in that it is an activity engaged in for enjoyment, relaxation or leisure that involves a significant degree of risk of physical harm to the Member; and
(ii) they are engaged in the dangerous recreational activity at their own risk.
5. RELEASE
You participate in the Activity at your own risk and to the extent permitted by law, release Nitro Boxing, its affiliates, employees, agents, contributors and licensors from any and all liabilities, claims, demands, actions, causes of action, costs and expenses of any nature whatsoever arising out of any loss, damage injury or death that may be sustained by any person or property arising from the Activity or upon the premises where the Activity is being conducted.
6. LIMITATION OF LIABILITY
The total aggregate liability of Nitro Boxing arising out of or in connection with the Services, an Activity or these Terms and Conditions, howsoever arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total Membership Fees paid by You.
7. INDEMNITY
(a) You indemnify and hold harmless Nitro Boxing, including its affiliates, employees, agents contributions and licensors from the against all claims, demands, remedies, injury, liabilities, actions, proceedings, right of action, loss, liability or costs (including legal costs on an indemnity basis) that Nitro Boxing may incur arising from but not limited to, your involvement in an Activity, except those claims arising from the gross negligence or wilful misconduct of Nitro Boxing.
(b) The indemnity in this clause 7 survives termination of the Activity or the Membership Agreement.
8. MEMBERSHIP
(a) ENTITLEMENTS OF MEMBERSHIP
Membership at Nitro Fitness & Boxing entitles you to:
(a) Workout as many times as you wish during the membership.
(b) Participate in normally scheduled Group Fitness classes.
(c) If You have purchased the Boxing Team membership, You can participate in Boxing Team group fitness classes.
(d) Use of exercise equipment located on the gym floor and cardiovascular training areas with the exception of the Boxing Ring.
(e) Additional fees may apply for specific group fitness programs or challenges.
(b) OBLIGATIONS OF MEMBERSHIP
Membership at Nitro Fitness & Boxing requires you to:
(a) Comply with all Conditions of Entry in this Agreement.
(b) Pay all agreed fees, ensure sufficient fees are available to cover all fees and advise us in advance if your bank account or credit card is closed or changed.
(c) Inform us in advance if there is any risk to your health if You participate in an Activity and if reasonably required by us seek approval from your doctor or general practitioner to participate in any Activity.
You acknowledge that it is your responsibility to cancel direct debit facilities in respect of your membership when this agreement expires or is terminated.
9. CONDITIONS OF ENTRY
(a) All members are required to train with a towel (no towel, no train).
(b) Members are required to wipe down all equipment with the provided wipes or spray after use.
(c) All Members must lie or sit on a towel when using the weights equipment.
(d) Members must not enter the Boxing Ring unless supervised by a personal trainer or pad holder.
(e) Members must not spar unless the Member is wearing 16oz boxing gloves, head gear and mouth guard.
(f) Members who are unsure how to use equipment must ask for instruction from a Nitro Boxing employee prior to use.
(g) For your own safety and the safety of others, Members must follow all equipment operating and safety instructions on the equipment.
(h) Members must place weights and bars on the racks after use.
(i) Nitro Boxing is not responsible for any loss or damage to personal property.
(j) Nitro Boxing recommends that you keep all valuables with you while using the Club.
(k) Nitro Boxing is unable to look after your personal possessions while you are in the Club.
(l) Bags are not permitted on the gym floor.
10. SPECIAL CONDITIONS REGARDING MEMBERSHIP ENTITLEMENTS
(a) All entitlements and entry into Nitro Boxing is revoked if Your account is in arrears in excess of $50.00.
(b) If Your automatic direct debit reverses or is returned to Us by Your financial institution:
(a) Ezypay will attempt to contact you about retrying the debit.
(b) If the debit remains outstanding it will be processed within 14 days of the reversal together with any reversal and late fees that apply.
(c) If You fail to pay Us the fees by the due date, we are entitled to refuse You entry to the Club.
(d) If unpaid fees remain outstanding, and after attempts by Us to rectify the arrears, Your membership may be forwarded to a collection agency for further action.
11. CHANGES TO CONDITIONS
(a) We reserve the right, from time to times, to:
(i) change these Terms and Conditions;
(ii) increase membership fees;
(iii) change the operating hours to suit demand;
(iv) change the availability of facilities or services within the Club; and/or
(v) close off part of the premises or equipment for maintenance or safety reasons.
(b) We will ensure that at least 60 days before any proposed change, we provide You with notice of the change in writing, by notice on notice boards at the Club, via the website, social media channels, or by email to You at the contact addresses on Your records.
(c) If You do not wish to accept the proposed change You are able to terminate Your membership in accordance with the clause 14. If You do not terminate Your membership, Your membership will be varied and continue in accordance with the change.
12. WARRANTY OF PHYSICAL FITNESS
(a) You confirm that You have either been provided with a medical practitioner’s permission to participate in any Activity or You have voluntarily elected to participate in the Activity and all risks related to any Activity without approval of a medical practitioner.
(b) You confirm that You are not aware of any medical or physical condition that would prevent You from participating in the Activity and You are medically sound to participate in an Activity.
(c) You acknowledge that Nitro Boxing has relied on these statements as being accurate and complete as a condition of allowing You to participate in the Activity.
(d) You acknowledge and agree that You are not obligated to participate in any part of an Activity that You do not wish to participate in. You agree to inform Nitro Boxing and Fitness immediately if You do not wish to participate in any specific part of Activity.
13. EMERGENCY MEDICAL TREATMENT
You grant Nitro Boxing permission to authorise emergency medical treatment as it deems appropriate. You understand and agree that Nitro Boxing assumes no responsibility for any injury or damage that might arise out of or in connection with such authorised medical treatment.
14. USE OF PHOTOGRAPHY
You acknowledge and agree that any photos or videos of You taken by the Club or provided to the Club before, during or after an Activity may be used by the Club for promotional purposes, including but not limited to use of the Club’s various social media platforms.
15. CANCELLATION / TERMINATION
(a) In accordance with the Fair Trading (Health and Fitness Industry Code of Practice) (Qld) your membership is subject to a 48 hour cooling off period.
(b) The cooling off period applies to new memberships only and does not apply to transfers or renewals.
(c) The cooling off period starts from the date the agreement is entered into and ends 48 hours later.
(d) Your membership can be canceled during the cooling off period by contacting the Club via the Club’s contact details list on its website.
(e) If you cancel your membership during the cooling off period, all monies paid by You will be refunded with the exception of an administration fee (charged at our discretion) of $40.00.
Outside Cooling Off Period:
Your membership may be terminated as follows outside of the cooling off period:
(a) Nitro Fitness & Boxing may terminate your Membership if:
a. You fail or refuse to abide by any of the Conditions of Entry or these Terms and Conditions;
b. Nitro Boxing reasonably believes that You have engaged in inappropriate conduct;
c. if there is a complaint by either a Club member or an employee (or contractor) of Nitro Boxing about You;
d. if the Club is temporarily or permanently closed where a suitable replacement Club is not available for the membership to transfer; or
e. To protect the health and safety of You or other members.
(b) You may terminate your Membership:
a. if, for medical reasons, you cannot utilise any fitness services or facilities because of your permanent illness or physical incapacity, with not notice period. In these circumstances, Nitro Boxing requires that You provide a medical certificate stating that You cannot use the Services or engage in the Activity because of Your permanent sickness or physical incapacity;
b. at any other time for any person, subject to a 30 day notice period. During the 30 day notice period, Membership fees are due and owning and must be paid in full.
(c) Upon termination of your membership, You must:
a. complete the cancellation form available from the Club; and
b. finalise any outstanding membership and/or collection fees. Without exception, all final debts will consist of no less than the normal debit amount.
16. SUSPENSION
a) You may suspend your Membership for a minimum period of 2 weeks and a maximum of 4 weeks during any 12 month period.
b) If You wish to suspend your membership for any reason, you must advise staff in person at the Club at least 10 days before the suspension period commences.
c) A fee of $4.00 per week applies to suspend Your membership and is payable in advance on pre-paid memberships and non direct debit clients. Direct debit clients will have their suspension fees directly debited.
d) If Your membership is frozen, Your Club access and other membership entitlements are also frozen until such time as the membership freeze is lifted.
17. PAYMENTS BY DIRECT DEBIT
If paying by Direct Debit, You agree to pay the installment amount at the agreed payment frequency until this Agreement is terminated in accordance with Clause 15 above. Should there be any arrears in payments You authorise Ezypay to debit the outstanding balance in order to bring the account up to date.
18. EZYPAY SERVICES
All queries about the Ezypay Services provided under this Agreement are to be directed to the Club.
All queries about the direct billing services are to be directed to Ezypay.
The Member acknowledges that:
a) Ezypay has been engaged by the Club to collect the fees due under this Agreement if the Member pays membership fees by way of direct debit;
b) all rights of the Club under this Agreement are able to be enforced by Ezypay as if it were the Club without any involvement on the part of the Club or the consent of the Member.
19. Administration Fee (New Members Using EZYPAY Only)
A one-off fee of $40.00 is payable by the New Member on signing of this Agreement. (Applies to New Member Sign up using EZYPAY only.)
20. PRIVACY
A Member’s “personal information” (as that term is defined in the Privacy Act 1988 (Cth)) will only be used by Nitro Boxing to provide You with the services contemplated by this Agreement.
Ezypay’ Privacy Statement is to be found on its website www.Ezypay.com.au
21. CREDIT / DEBIT REPORTING AGENCIES
If paying by Direct Debit, upon default by the Member in regard to any obligation under this Agreement and failure to remedy the default after notification:
(a) You authorise us or Ezypay to notify any debt collection/credit reporting agency of the default;
(b) we may, at our sole discretion terminate the Agreement at which time the full outstanding balance (including any current arrears) shall be due in full.
22. CONSUMER LAW
a) Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which, by law, may not be limited or excluded.
b) These Terms do not exclude any rights or remedies in respect of goods or services under the Australian Consumer Law which cannot be excluded, restricted or modified.
c) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded;
(ii) Nitro Boxing will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer guarantee), loss of profit, opportunity or damage to goodwill arising out of or in connection with the Services or these Terms and Conditions (including as a result of not being able to use the Services or the late supply of the Services) whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
23. GENERAL CONDITIONS
(a) Entire Agreement
This agreement, and the DDR Services Agreement (if paying by Direct Debit) constitute the entire agreement, understanding and arrangement (express and implied) between the Member, Nitro Boxing relating to the subject matter of this Agreement and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.
(b) Terms and conditions of Ezypay
Please read the Terms and Conditions of Ezypay on the DIRECT DEBIT REQUEST (DDR).
(c) Governing Law
These terms and conditions are governed by the laws of Queensland and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Queensland, Australia.
(d) Severability
These Terms and Conditions are severable, such that if a court of competent jurisdiction holds any term to be illegal or unenforceable, the validity of the remaining provisions shall not be affected.
(e) Age Policy
If relevant, the Nitro Boxing Age Policy forms part of these Terms and Conditions.
24. FINAL DECLARATION AND WAIVER
You warrant, declare and acknowledge that:
(a) You are over 18 or are the parent or guardian of a minor.
(b) The information given by You in this Agreement is correct and will be relied upon by Us.
(c) You have read these Terms and Conditions, in particular, You acknowledge that You are aware of and assume any risk of damage or injury as a result of participating in an Activity and You agree to be bound by these Terms and Conditions.
(d) You have disclosed any medical conditions that a suitably qualified medical practitioner would consider may render You unsuitable for rigorous physical activity.
(e) This agreement will come binding upon all parties once You have ticked in the “I agree” box below and signed.