Membership Terms + Conditions
The Fitness Concept Terms and Conditions
MEMBERSHIP TERMS AND CONDITIONS
These terms, together with any club rules and your completed Membership Application Form and Payment Authority make up all of the terms of an agreement (Agreement) between the member named in the Membership Application Form (You) and The Fitness Concept Pty Ltd . It is important that you have read and understand all of the terms and conditions of the Agreement before accepting these Terms. If you have any questions, please ask The Fitness Concept.
MEMBERSHIP AND ACCESS
1. Your membership will start on the Membership Start Date (Start Date) set out on your Membership Application Form, provided that: a. You have accepted these Terms, the Membership Application Form and Payment Authority Form; and b. we have verified your payment method and received any applicable Start Up Fee as set out in your Membership Application Form.
2. You are committed to your membership from the Start Date for the entire duration as set
our in your Membership Application Form. 3. Your membership may be placed on hold for
a desired period, which will incur an administration fee of $5 per week. Any period of hold
will extend the commitment period set out in your Membership Application Form. 4. Your membership will automatically renew for further weekly periods unless your membership is terminated in accordance with this Agreement. 5. You must be sixteen years and over to join as a member of The Fitness Concept. The Fitness Concept reserves the right to request for proof of identify to be provided upon any member registration. 6. You must present your membership card (and any applicable identification if requested) on each visit to The Fitness Concept to obtain access to the facilities. 7. Upon termination of your membership, all entitlements of your membership immediately cease to exist. 8. Your membership is not transferable to any other person. Your membership is personal to you. 9. These terms and conditions may be amended from time to time and any amendments will apply to you. Any amended or current terms and conditions can be accessed from The Fitness Concept premises. 10. Late class cancellations and no shows will be charged a $5 fee
11. Certain membership types may have restricted access times, refer to your membership details to see whether any restrictions apply. 12. Classes and instructors are subject to change without prior notification. 13. The Fitness Concept may need to adjust the availably of certain facilitates at your club without prior notice. 14. If you make a booking for a personal training session, you must provide The Fitness Concept with at least 24 hours notice of cancellation. The Fitness Concept may charge in full for the personal training session if at least 24 hours notice is not provided. 15. You must not: a. tamper with or damage any of The Fitness Concept equipment or property; b. rely upon any representation relating to The Fitness Concept equipment or its operation other than those contained in the manufacturer's or The Fitness Concept instructions or manuals; c. access The Fitness Concept premises or use its services or equipment if affected by drugs and/or alcohol; d. exceed the recommended loads and capacity limits of the equipment; and e. use or carry any illegal, prohibited or dangerous substances or materials on The Fitness Concept premises.
17. The Start Up Fee as set out in the Payment Authority Form is non-refundable and is payable by you when you sign these Terms. If your membership is terminated for any reason and you wish to subsequently re-join, you will be requested to pay any applicable start up fee at that time. 18. You must pay all membership fees 14 days in advance as set out in your Payment Authority Form. 19. Fees will be deducted fortnightly from your credit card or direct debit account as set out in your Payment Authority Form. 20. If your membership dues remain outstanding for any period, you will not be permitted to access the club. 21. The Fitness Concept reviews its membership fees periodically and may change them from time to time. The Fitness Concept will provide you with at least 7 days notice of any change and the relevant date from which the change will apply. 22. Any fees or charges that may be payable for additional services, such as personal training will be added to your direct debit payment at the time of signing up for such services.
HEALTH AND SAFETY
23. Exercising and use of The Fitness Concept facilities may involve the risk of injury and you acknowledge and agree that you exercise and use the The Fitness Concept facilities at your own risk. 24. You are responsible
for monitoring your physical health conditions at all times and agree to exercise to a level that is appropriate given your knowledge of your health and any medical advice you have obtained.
25. It is recommended that you visit your doctor prior to commencing a regular exercise program. It is also strongly recommended that all The Fitness Concept members are covered by ambulance insurance. 26. If you are female and are pregnant you must notify The Fitness Concept staff immediately prior to the commencement of any classes or equipment use. 27. All relevant injuries/illnesses should be declared to a The Fitness Concept staff member so that a safe and beneficial program can be written for you. 28. Please inform The Fitness Concept staff of any medical changes that may occur while you are a member of The Fitness Concept. 29. No advice provided by a The Fitness Concept staff member should be taken as medical advice. Always consult a health care practitioner to determine the best course of action for you.
30. The Fitness Concept reserves the right to refuse use of the facilities at any time should it be concerned about a member's state of physical health or the health and safety of other members.
31. You give permission for The Fitness Concept staff to seek medical assistance at your expense in an emergency if required.
32. After the commitment period set out in your Membership Application Form, you may terminate your membership by providing at minumum two weeks written notice to The Fitness Concept. 33. The Fitness Concept reserves the right to terminate your membership immediately without warning if a member has behaved in a way that The Fitness Concept believes is risky or seriously inappropriate, such as: a. threatening or harassing other members or staff; b. vandalism or deliberate damage to The Fitness Concept property or equipment; c. non?adherence to this Agreement and/ or club rules; d. refusal to comply with the instructions of The Fitness Concept staff in relation to policy, procedures or safety; e. inappropriate behaviour towards other members or staff; or f. allowing non-members access to The Fitness Concept facilities. 34. The Fitness Concept may without notice terminate your membership or refuse entry if you are in breach of this Agreement or for failure to pay any money owed to The Fitness Concept 35. In the case of termination of membership for any of the behaviours listed above, no part of the funds paid to The Fitness Concept shall be refunded. 36. The Fitness Concept will collect any membership fees that are outstanding when your membership is terminated. The Fitness Concept may use a third party to assist in the collection of outstanding fees. 37. This Agreement and the your membership shall be terminated at the election of The Fitness Concept if provision of The Fitness Concept services is prevented by fire, flood, drought, frost, strike or other causes beyond the reasonable control of The Fitness Concept. No compensation will be provided to you in such circumstances.
38. The Fitness Concept accepts no liability for any damage, loss, illness or injury resulting from the use of The Fitness Concept facilities by members or guests howsoever that may have been caused, save for death or personal injury caused by The Fitness Concept gross negligence. 39. The Fitness Concept will ensure that the services that The Fitness Concept provides to you are provided with due care and skill, are fit for the purpose for which they are commonly bought as is reasonable to expect in the circumstances, will correspond in the nature and quality with the services demonstrated to you, and are free from any defect rendering them unfit for the purposes for which our services are commonly acquired. To the extent permitted by law, unless The Fitness Concept has breached these obligations The Fitness Concept will not be liable for any death, injury, loss, liability or damage that you may incur as a result of the services provided by The Fitness Concept to you. 40. To the extent permitted by legislation such as the Competition and Consumer Act 2010 (as amended from time to time) (the Act) the sole warranties are those set out in this Agreement.
41. If the services or The Fitness Concept equipment is in any way defective, the liability of The Fitness Concept will be limited to (at its election) replacement of The Fitness Concept equipment or re-supply of equivalent services or refund. This shall be the sole and exclusive remedy available to you. 42. In no circumstances shall The Fitness Concept have any liability arising from or as a result of delay in provision of any services or access to any equipment to you. 43. You release, indemnify and hold harmless The Fitness Concept from any liability and any claim by any person in respect of services or use of The Fitness Concept equipment whether or not the loss or damage arises in connection with any negligence, default or lack of care on the part of The Fitness Concept or any of its representatives, any misrepresentation or any other cause. 44. To the extent permitted by the Act, The Fitness Concept is not liable for prospective profitsor special, indirect or consequential damages. Without limiting the generality of the foregoing,
in no circumstances shall the liability of The Fitness Concept exceed the membership fee amount paid by the member. For the avoidance of doubt, 'consequential loss' means loss or damage arising from a breach of contract, tort (including negligence), under statute or any other basis in law or equity including, but without limitation, loss of profits, loss of revenue, loss or denial of opportunity, loss of goodwill, loss of business reputation, future reputation or publicity, damage to credit rating and indirect, remote, abnormal or unforeseeable loss, or any similar loss whether or not in the reasonable contemplation of the parties. 45. You use the facilities on the express understanding that it is at your own risk. 46. The Fitness Concept takes no responsibility for your personal property while on The Fitness Concept premises. You must at all times ensure that your personal property is securely locked to prevent it from getting lost, stolen or damaged.
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
47. In this warning, references to "the supplier" mean The Fitness Concept, and references to "you" mean you and your child (if you have agreed to these Terms on behalf of a child). 48. Under the Australian Consumer Law, several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you: a. are rendered with due care and skill; and b. are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and c. might reasonably be expected to achieve any result you have made known to the supplier. 49. Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you enter into this Agreement, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form. 50. The change to your rights, as set out in this Agreement, does not apply if your death or injury is due to gross negligence on the supplier's part. 51. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
WAIVER, RELEASE AND INDEMNITY
52. You acknowledge that there are dangers and risks inherent with participating in classes and using the equipment at The Fitness Concept (including, but not limited to any activity that is performed within The Fitness Concept and any specialised classes, courses and workshops that is conducted withinor external to The Fitness Concept) to which you may be exposed by accessing The Fitness Concept (Activity). 53. You understand and acknowledge that the Activity involves some degree of risk of personal injury.
54. You warrant that you are medically sound and hereby assume all risk of physical and mental injuries, disabilities and losses which may result from or in conjunction with your participation in the Activity. 55. You agree that you are participating in The Fitness Concept Activity at your own riskand you voluntarily assume responsibility for any injury, death or property damage you may suffer because of your participation in the Activity. 56. You agree that if you are signing this Agreement on behalf of a minor, you agree for the minor to participate in the Activity voluntarily and that you accept all responsibility for the minor's health and any results or injuries that may affect the minor's well-being or health in any way. You waive any claims, demands, causes of action or any claims for relief whatsoever against, and release The Fitness Concept (as well as its officers, agents, representatives, volunteers and other related members) from any and all liability, claims, and/ or causes of action that the minor may have for injuries or other damages, arising out of participation in The Fitness Concept Activity. 57. You agree that if you are pregnant, you must seek your own medical advice before participating in the Activity and that you accept all responsibility for your health and any results or injuries that may affect your well-being or health in any way. You waive any claims, demands, causes of action or any claims for relief whatsoever against, and release The Fitness Concept (as well as its officers, agents, representatives, volunteers and other related members) from any and all liability, claims, and/ or causes of action that you may have for injuries or other damages, arising out of participation in The Fitness Concept Activity. 58. To the maximum extent possible at law, you agree to release, hold harmless and indemnify The Fitness Concept, its officers, agents, representatives, volunteers and other related members from and against all actions, claims, suits, costs, expenses, demands and damages suffered or incurred by The Fitness Concept because of or in respect of or in any manner whatsoever arising out of or caused by your use of The Fitness Concept or participation in the Activity. 59. You agree that you are using The Fitness Concept on the express condition that The Fitness Concept: a. will, under no circumstances be liable or responsible in any manner whatsoever for any death, loss, accident, damage or injury to you whatsoever which may happen because of your use of The Fitness Concept facilities and equipment; and
b. will not incur or be under any liability whatsoever to you for any loss, damage or injury to
or in respect of any of your property, except as occasioned by the gross negligence, acts or omissions of The Fitness Concept or its servants, agents, contractors, or invitees. 60. You recognise that there is risk involved in the Activity offered by The Fitness Concept. You accept full responsibility for any death, loss, accident, damage or injury to you whatsoever arising out of your participation in The Fitness Concept Activity. You agree that neither you, your family, heirs, successors, assigns, or anyone claiming any interest through you (or your minor), will bring any legal action whatsoever against The Fitness Concept, its officers, agents, representatives, volunteers and other related members as a result of any such death, loss, accident, damage or injury to you (or your minor) that arises our of participation in the Activity. 61. The Fitness Concept shall have no liability in respect of failure to deliver or perform, or delay in delivering or performing, any obligations due to any cause outside its reasonable control.
62. The personal information provided by you in this Agreement will be used to process your membership application. In order to verify your personal information you may be required to provide proof of identification, such as a drivers licence. You have the right to access and correct any of your personal information that The Fitness Concept holds on you by contacting The Fitness Concept directly. The Fitness Concept does not disclose your personal information to any other organisation or person unless there is a legal requirement to do so. 63. You must notify us in writing if there is any change to your membership details. 64. By entering into this Agreement, you agree to submit to the exclusive jurisdiction of the Courts of Victoria. 65. The Fitness Concept failure to enforce any of the terms of this Agreement shall not be construed as a waiver of any of The Fitness Concept rights. 66. If any term is unenforceable it shall be read down so as to be enforceable or, if it cannot be read down, the term shall be severed from the Agreement without affective the enforceability of the remaining terms.
67. You acknowledge that by participating in classes and using the Equipment at The Fitness Concept you grant permission to The Fitness Concept to use your name, photograph, image, audio recording, video recording and likeness in all forms and manner (collectively referred to as the Photos) for the purposes of advertising, media publicity, promotions, general display or for any other purposes required by The Fitness Concept. You waive any interest that you may have in the Photos now or at any future time and acknowledge that you are not entitled, nor shall in the future be entitled, to receive any payment or consideration in respect of it and agree to make no claim against The Fitness Concept in respect of using the Photos.