TERMS AND CONDITIONS
Administration Fee: The Fee payable under clause 10.3 (b) as set out in the Fee Schedule.
Agreement: this Agreement as described in the Important Notice.
CLUBFIT GYM: Club Fit Australia PTY LTD, ABN 90651291637
ACL: means the Australian Consumer Law in the CCA.
Biller: Our third-party biller, Debitsuccess Pty Ltd, A.B.N 32 095 551 581.
Biller’s Service Fee: The Fee charged by the Biller under clause 13.3 (b) as set out in the Details.
Cancellation Fee: The Fee payable under clause 12.6 as set out in the Details.
CCA: The Competition and Consumer Act 2010 (cth).
Club: CLUBFIT GYM
Club Rules: the rules that are referred to in clause 5.6.
Creche: A child minding service where babies (from 6 months of age) and young children up to 12 years of age are cared for during allocated session times provided by the Club.
Details: the part of this Agreement described as the Details.
Direct Debit Amount: what you agree to pay by direct debit each Direct Debit Payment Period as set out in the Details.
Direct Debit Payment Agreement: the periodic billing agreement you enter with our third-party Biller for periodic billing services.
Direct Debit Payment Period: the frequency of your direct debit payments as set out in the Details.
End Date: The End Date referred to in the Fee Schedule of this Agreement. If there is no date, then the End Date is to be reasonably determined by the Club.
Essential Term: a term of this Agreement that is so important you would not have signed the Agreement without it, for example, a requirement that the Facilities and Services are available 24 hours a day 7 days a week (subject to Conditions for 16- and 17-Year-Olds). If there is a disagreement as to whether a term is an Essential Term, the matter will be reasonably determined by Clubfit Gym.
Facilities and Services: includes Club premises and all exercise areas, bathrooms, exercise equipment, weights, benches, machines, mats and any programs, products, classes and services that you may use (excluding services referred to in clause 14).
Fees: fees that apply under this Agreement as set out in the Fee Schedule and referred to in clause 12.
Fixed Term: The Fixed Term of a Fixed Term Agreement, as set out in the Fee Schedule, which is for a maximum period of 12 months.
Fixed Term Agreement: an agreement which automatically ends at the end of the Fixed Term.
Fob Key: the access key that allows you to access the Club.
Fob Key Fee: The Fee payable under clause 12.4 as set out in the Fee Schedule.
Guest Fee: The Fee payable under clause 5.5 as set out in the Details.
Important Notice: the part of this Agreement titled Important Notice.
Joining Fee: The Fee payable under clause 12.2 as set out in the Fee Schedule.
Member: A Club member with access to the Club and Facilities and Services.
Membership: another word used to refer to this Agreement.
Membership Fees: The Fees you pay to access the Facilities and Services as referred to under clause 12 and set out in the Fee Schedule.
Minimum Age: the minimum age to become a Member and use the Facilities and Services and referred to in clause 4.
Periodic Agreement: an agreement that continues a periodic basis from Supply Period to Supply Period until terminated Clause 10.
Pre-Exercise Questionnaire: the questionnaire or other screening we may require you to answer before using the Facilities and Services.
Pro Rata Fee: The Fee/s that maybe applicable under clause 12.3 and set out in the Fee Schedule.
Replacement Fob Fee: the amount of $50.00 payable under clause 5.2(d).
Start Date: The date referred to in the Fee Schedule of this Agreement. If there is no date, then the Start Date is to be reasonably determined by the Club.
Special Conditions for 16–17-Year-Olds: the special conditions set out in the document headed “Special Conditions for 16-17 Year Old’s” and referred to in clause 4.
Staffed Hours: the times a Club is staffed. These times may not be fixed and will also vary.
Supply Period: the ongoing period with an indefinite End Date.
Tailgate Fee: the amount referred to in the Fee Schedule that you will be charged if you allow another person to access the Club without permission.
Towel Fee: the amount referred to in the Fee Schedule that will be charged if you do not bring a towel to use while training.
Terms: the part of this Agreement described as the “Terms and Conditions”.
2. JOINING & ACCESS
2.1 When you join our Club, you will need to provide us your personal details and photographic identification. If you join under a particular offer, such as a corporate offer, you will also need to give us proof that you are eligible for that offer.
2.2 On joining we will give you a Fob Key or access card that will let you access and use our Club and the Facilities and Services.
3. COOLING OFF
3.1 If you change your mind after joining, you have 7 days to cool off or cancel your Membership starting on the Start Date. To be effective, you must let us know in writing at any time during this 7-day cooling off period. Your written cancellation can be given to us personally, by post or by e-mail.
3.2 If you cancel your Membership under clause 3.1, we will charge you the Fob Key Fee and fees for any services or products already supplied but the Joining Fee and Membership Fees will be forfeited despite Clause 18 and Clause 20.1.
4. MINIMUM AGE
4.1 For safety and security reasons you must be at least 18 years old to become a Member. However, if you are 16 or 17 years of age, and both you and your parent or guardian agree to the Special Conditions for 16–17-Year-Olds (which are for your protection).
4.2 If you are a 16- or 17-year-old, your Membership may be immediately cancelled if you are in breach of any terms or conditions noted in the Special Conditions for 16- and 17-Year Old’s.
5. HEALTH AND SAFETY AND ACCEPTABLE CONDUCT
5.1 Your physical condition
(a) When you sign this Agreement and each time you use the Facilities and Services, you must ensure you are in good physical condition and know of no medical or other reason why you should not exercise. If unsure, you should not use the Facilities and Services until you have sought appropriate medical guidance and been given the go-ahead by a doctor.
(b) You agree to give us all relevant personal health and fitness information both before and/or during the course of any exercise program or other activity. You also agree to complete our Pre-Exercise Questionnaire. In some cases, responses you give will require that you get medical guidance before exercising. You acknowledge that pre-exercise or other screening is no substitute for medical advice and does not guarantee against injury or death.
(c) You promise that information you give us will be true and accurate and not misleading in any way.
(d) You must not use the Facilities and Services if you are suffering from any illness, disease, injury, or other condition that could be a risk to your health or safety or that of other Members and others.
(e) We may suspend or cancel your Membership if we have reason to suspect that you have not complied with clause 5.1.
5.2 Your Fob Key
(a) You will need your Fob Key (or access card) to access the Club and must swipe this each time you use the Facilities and Services.
(b) If you lose or forget your Fob Key (or access card) you may access our Club during Staffed Hours if you show photo ID to Club Staff, but this will beat the discretion of the Club. You should not ask or expect another person to let you into a Club at any time.
(c) You must not let anyone else into a Club without the approval of Club staff or let anyone else use your Fob Key (or access card). If you break this term, you may be charged the Tailgate Fee and/or your Membership may be suspended or cancelled.
(d) If your Fob Key (or access card) is lost or stolen, you must let us know immediately and get a replacement in 14 days or you may be refused Club access. A Replacement Fob Key Fee will apply.
You may be required to participate in a Member orientation to familiarise you with the Facilities and Services before you use them.
5.4 Proper use of equipment
You promise to take care to use the Facilities and Services safely and properly. If you are ever not sure how to operate any equipment properly, you agree to ask Club staff before you use it.
You may bring a guest into a Club but only if they register with Club staff, pay a Guest Fee and meet our other reasonable conditions. For example, they will need to be the Minimum Age, show photo ID, and complete the Pre-Exercise Questionnaire and other standard forms.
5.6 Club Rules
(a) Club Rules apply to everyone using the Facilities and Services. They are usually displayed in the Club.
(b) Club Rules form part of this Agreement so you must make sure you read, understand, and comply at all times.
(c) If you break any of the Club Rules, we will respond in a way we consider fair and appropriate. For example, in less serious cases, we may give you a warning but in serious cases or where you have repeatedly broken Club Rules we may apply a fine, suspend or cancel your Membership. You agree to indemnify the Club for any loss or damage caused as a result of your non- compliance or negligence.
5.7 Illegal performance enhancing or other illicit substances
You acknowledge that the distribution or use of illegal or performance enhancing drugs is prohibited and such substances shall not be used or distributed in or near the Club.
5.8 Commercial activity
You acknowledge that engaging in any commercial or business activities in the Club, such as offering training services or selling goods in the Club is prohibited unless we grant you written permission to do so. If written consent is provided it may be revoked at any time.
5.9 Action for risky or inappropriate conduct
If you behave in a risky or seriously inappropriate way, for example, if you threaten or harass others, damage equipment, distribute or use illicit substances, or train other Members without our authorisation, appropriate action will be taken. Your Membership may be immediately suspended or cancelled (with a Cancellation Fee applicable) and where appropriate, we will refer the matter to appropriate authorities. You agree to indemnify the Club where you have caused loss or damage or acted negligently.
6.1 24 Hour CCTV cameras
Club premises have CCTV security cameras recording 24-hours a day (except in bathrooms) and may have remote video guarding services. This system is used for security purposes but does not guarantee against harm. You should contact the Club if you have any questions.
(a) Club has an emergency phone, panic buttons and security lanyards for safety and security reasons and to alert a security company in emergencies, for example, if you feel threatened or need medical help. You must understand how emergency apparatus works and agree to use it only in an emergency.
(b) If you deliberately use emergency apparatus inappropriately, you agree to pay for any costs, loss or damages incurred because of this inappropriate use.
(c) Club may also have an emergency or crisis response procedure displayed which must be followed in emergencies.
6.3 Be cautious
You must be cautious when entering, leaving a Club and using the Club and you must wear security lanyards when appropriate, for example, if exercising alone or outside Staffed Hours.
6.4 Following Directions
You agree to follow any reasonable direction of Club staff relating to health, safety or security matters or related matters.
7.1 Your personal information
From when you apply for Membership, you will need to provide us with, and we will have access to
personal information about you, including information relating to your health and finances. Your
personal information may be:
(a) Transferred to and stored out of Australia, including to a country that does not have the same
level of privacy protection as Australia.
7.2 General consent
By signing this Agreement, you consent to us collecting, using, disclosing, and dealing with your
transfer and storage of your personal information outside Australia. You can access our privacy
policy at www.clubfitgym.com.au/privacy
7.3 Up to date contact information
You must tell us promptly if you change your contact or payment details or if there is a change to
other relevant personal information, including anything that may affect health or safety.
7.4 Consent to use your image
You understand that photos, films, videos or audio recordings are sometimes taken of Members for
promotional purposes. Your permission will not be obtained, however if you do not approve, please
inform our staff immediately. By signing this Agreement, you agree to allow your image, recording
or likeness to be used for any legitimate purpose by us or by Club Fit Australia Pty Ltd and you
assign your rights in any of these materials to Clubfit Gym.
(a) As noted in clause 6.1, CCTV camera recording is used in Clubs (except in bathrooms).
(b) Members and guests are not allowed to take photos and/or videos in Clubs unless specific
permission is granted by the
8. MEMBERSHIPS TRANSFER
8.1 Your Membership may be transferred to another person who is not a current Member subject to our
consent and on the condition that your account is upto date with a minimum of 3 months remaining on
the membership and the person you transfer to:
(a) Is eligible to become a Member;
(b) Is able to take up your Membership (for example, if you have a corporate Membership);
(c) Signs a new Agreement to become a Member for at least the balance of the Fixed Term/Supply
Period; (d) Agrees that the provisions of clause2 regarding access and reciprocity will also
apply to them; and
(e) Pays Membership Fees for at least the balance of the Fixed Term/ Supply Period, or enters into
a Direct Debit Payment Agreement
if these Fees are to be paid periodically by direct debit; and
(f) pays applicable other Fees such as a Fob Key Fee and a Joining Fee.
8.2 If our transfer policy (in clause 8.1) is changed, we will use our reasonable efforts to give
Members prior notice of the change.
9. PUTTING YOUR MEMBERSHIP ON HOLD
9.1 You may temporarily suspend or freeze your Membership for any reason if your account is up to
date. For a Fixed Term Agreement, you may freeze your Membership for up to 6-weeks within your
contract. For a Direct Debit Membership, you may freeze your Membership for up to 6-weeks. The
Freeze Fee of $2.50 usually applies during any freeze period that exceeds the 6-weeks within each
9.2 We may agree to freeze your Membership for more than the period noted in clause 9.1 for
medical or hardship reasons but,you must provide us proof of supporting documents for our approval.
9.3 While your Membership is frozen, the Fixed Term/Supply Period will be extended for the same
time as the freeze period. Direct debit
payments that fall in the freeze period will also be frozen (except the Freeze Fee).
10. WHEN YOU CAN END THIS AGREEMENT
If you need to notify or tell us anything in writing under this clause:
(a) You can give this to us in person, by email or post;
(b) It would be useful (but not required) if you complete any standard documentation, we may have such as a cancellation form and provide your Membership number (if you know it);
(c) If you do not use our standard documentation, your notice must include your name, Club, address, phone, email, ID details and signature and explain why you wish to cancel; and
(d) You must also attach required proof such as a medical certificate.
10.2 Cancelling a Fixed Term Agreement at the end of the Fixed Term
If this is a Fixed Term Agreement, you do not need to do anything, as your Membership will end when the Fixed Term ends.
We may contact you before your Membership ends to discuss renewal. If you choose to renew your Membership by signing a new agreement before the Fixed Term ends, a Joining Fee will not apply. Your Membership cannot be renewed more than 90 days before the end of the Fixed Term. All Fixed Term Agreement is non-refundable.
10.3 Cancelling a Periodic Agreement
If this is a Periodic Agreement, you may cancel during any Supply Period by giving us written notice. The cancellation will take effect at the End Time but subject to clause 10.3(b)
(a) You can cancel the Periodic Agreement with earlier effect than the End Time, but you will still be liable for Membership Fees to the End Time, unless we agree otherwise.
(b) If you have paid Membership Fees in advance that extend beyond the End Time, you will be entitled to a refund of those Fees on cancellation of the Periodic Agreement.
10.4 Cancelling for medical reasons
(a) You can cancel your Fixed Term or Periodic Agreement at any time by informing us in writing if you cannot use the Facilities and Services due to illness or contraction of a serious illness or a permanent physical incapacity during the term of your Agreement. This must be confirmed in writing by a doctor or other medical professional we reasonably agree to, and you agree that we may contact the doctor or other professional for verification .
(b) If you cancel under clause 10.4(a), we can charge you the Administration Fee. You will also be liable for Fees incurred, i.e. Your Membership Fees for the time you were a Member (calculated on a pro rata basis), the Joining Fee, the Fob Key Fee and Fees for services already supplied.
10.5 Other ways you can cancel
You can also cancel your Agreement in the following ways and without paying a Cancellation Fee:
(a) When prior notice is NOT required
You may cancel without giving us prior notice if:
(i) We break an Essential Term and have not fixed this in a reasonable time of you asking us in writing;
(ii) You become bankrupt and give us proof (such as supporting documents) to our reasonable satisfaction;
(iii) We change this Agreement in a way that adversely affects you (this does not include a variation of Fees in the case of a transfer of Membership); or
(iv) You become entitled to cancel under consumer laws.
(b) Applicable Fees
If you cancel your Agreement under clause 10.5(a) or (b), you will be liable for Fees incurred, i.e., your Membership Fees for the time you were a Member (calculated on a pro rata basis), the Joining Fee, the Fob Key Fee and Fees for services already supplied. These Fees are not refundable except in very limited circumstances related to clauses 10.5(a) (i) and (iv).
11. WHEN WE CAN END THIS AGREEMENT
11.1 In addition to our other rights under this Agreement, we may cancel your Membership if you breach any obligation under this Agreement that can’t be remedied or if you breach an obligation that can be remedied but you do not remedy the breach within a reasonable time.
11.2 If we cancel your Membership under clause 11.1, you will be liable for Fees incurred, i.e. your Membership Fees for the time you were a Member (calculated on a pro rata basis), the Joining Fee, the Fob Key Fee and Fees for services already supplied. We may also charge a Cancellation Fee and recover costs, loss or damages caused by your breach.
11.3 You promise you are not bankrupt or insolvent and are able to pay applicable Fees at the time of signing. You agree that you will tell us promptly if you believe you will be unable to pay your Membership Fees for an extended period. We may cancel your Membership if you become bankrupt or insolvent.
11.4 If we cancel your Membership under clause 11.3 you will be liable for Fees incurred, i.e. your Membership Fees for the time you were a Member (calculated on a pro rata basis), the Joining Fee, the Fob Key Fee and Fees for services already supplied.
(a) The Fees you must pay are set out in the Fee Schedule.
(b) Fees are set out in this clause.
(c) If you do not make any payment when it is due, your Membership may be suspended, and you could be refused access to Clubs and to Facilities and Services until all outstanding amounts have been paid.
(d) Your Membership may also be terminated if any Fees remain unpaid for an extended period. You will still be liable for all unpaid amounts. A Cancellation Fee may also apply.
12.2 Joining Fee
We will charge you the Joining Fee to cover the set-up costs for your Membership. This is not refundable except in very limited circumstances related to clauses 3 and 10.5(a) (i) and (iv).
12.3 Pro-Rata Fee
If you pay by direct debit and your Start Date begins after the first day of the relevant Direct Debit Payment Period, you will only be charged the applicable portion of the Direct Debit Amount. The same applies if you have a Fixed Term Agreement and the Direct Debit Payment Period ends after the last day of the Agreement.
12.4 Fob Key Fee
This is the Fee charged to buy a Fob Key referred to in the Fee Schedule. This is not refundable except in very limited circumstances as described in clauses 3 and 10. If you need a replacement Fob Key, a Replacement Fob Key Fee will apply.
12.5 Membership Fee
(a) If this is a Fixed Term Agreement you can pre-pay your Membership Fees (pay them up front) when you sign this Agreement.
(b) If this is a Periodic Agreement, you must pay Membership Fees periodically in advance until your Agreement ends.
(c) If you wish to renew your Fixed Term Agreement, you will be required to sign a renewal form. The same Terms and Conditions herein will be applicable to any membership renewals. Any discounts or incentives are applicable in the first term only and are not applicable during any renewal period.
12.6 Cancellation Fee
(a) A Cancellation Fee may (at our reasonable discretion) also be payable by you
(b) If your Membership is ended by us under clause 5.9, clause 11.1 or clause 12.1(c)
12.7 If you do not pay a Fee when due
(a) If you do not pay a Fee or other amount you owe when due, we can suspend your Membership until all amounts have been paid. This is in addition to our other rights under this Agreement, including those under clause 11.1. Other consequences may also apply with respect to late or rejected direct debit payments (see clause 13.3).
(b) Fees and charges continue to accrue during a suspension under Clause 12.7(a).
12.8 Fee Increases
(a) During the Fixed Term or any Supply Period:
(i) Your Membership Fees will not be increased (except in the case of a transfer of your Membership (see clause 12.8 (c));
(ii) Other Fees may, however, be varied.
(b) After the Fixed Term or any Supply Period, all Fees may be increased.
(c) We will make reasonable efforts to tell you of any Fee changes. Subject to clause8.2, if your Membership Fees are to be increased, an email will be sent to you at least 2 weeks before the increase.
(d) If your Fees are varied, you authorise any debits from your nominated account to also be varied.
12.9 Refunds and the Credit Code
We can deduct all Fees and charges that you must pay under this Agreement from any refund we give you.
13. DIRECT DEBIT
13.1 Direct Debit Payment Agreement
(a) If you pay any Fees, including ongoing Membership Fees, by direct debit, then this will be through our Biller (not us).
(b) You will be provided with a copy of Direct Debit Payment Agreement of the Biller which applies to any direct debit services. The Direct Debit Payment Agreement, which we are not a party to, is entirely separate to this Agreement.
13.2 Authority to deduct Fees
By nominating a credit or debit account, you authorise our Biller, to deduct from that account all Fees and other charges you are responsible for under this Agreement. You must keep your account details up to date.
13.3 Late or rejected direct debit payments (Also see clause 7)
(a) You must ensure there is enough money in your nominated account on the usual payment, or the next working day if that falls on a day when banks do not process payments.
(b) If there is not enough money in your nominated account on the usual payment day, or there is another reason that your account was unable to be debited (except one within the Biller’s control), you will be charged the Biller’s Service Fee. This will be added to your next debit amount. Prior arrears may also be included.
(c) You authorise our Biller to deduct any unpaid arrears outstanding on your account.
(d) Your bank or credit provider may charge you a fee for overdrawing your account if you do not have enough money in your account when payment is due.
14. OTHER SERVICES
14.1 There may be other services offered by the Club such as, but not limited to creche and personal training. These services may be offered by contractors, licensees, or others separately and in addition to services provided under this Agreement. You will be required to pay applicable fees for the Other Services in addition to your Membership Fees. The additional fees will be paid either to the Club or directly to the providers of the Other Services. By signing this Agreement, you also agree to enter separate Terms and Conditions for the Other Services.
14.2 We are not responsible for these third party provided services including fees or any associated costs claims or refunds, unless they are provided by the Club.
15. CHANGES TO YOUR AGREEMENT
15.1 We may sometimes make changes to this Agreement, including our Club Rules. If we do this, we will try to do this fairly and by giving you a chance to cancel your Membership if you are adversely affected by the change and do not agree to it.
15.2 We will make reasonable efforts to inform you of any change in advance and when it is due to take effect. Subject to other Terms, the effective date will generally be at least 30 days from the date of notification. We are not required to provide you with a notice of such change unless we believe it is appropriate. Your Membership will be amended in accordance with this clause 15.2 whether a notice is issued or not.
15.3 You cannot cancel under this clause in the case of a transfer of your Membership or if we must make the change to comply with a law or a direction of a relevant authority.
16. OUR LIABILITY TO YOU
16.1 Statutory guarantees
(a) Under the ACL we guarantee that the services we supply:
(i) Are provided with due care and skill;
(ii) Are reasonably fit for any purpose you have told us you are using the services for or told us you wish to achieve; and/or
(iii) Are supplied in a reasonable time.
(b) Under certain legislative provisions, however, we can ask you to accept some limitations to the ACL guarantees.
(c) If you sign this Agreement, you agree, to the extent allowed by section 139A of the CCA, to exclude or modify our liability to you for death or injury from our failure to comply with ACL guarantees.
(d) This exclusion does not apply if your death or injury is caused by our “reckless conduct” (as defined in the CCA).
16.2 Other implied terms
Nothing in this Agreement excludes, restricts, or modifies any terms, conditions, warranties, guarantees, rights or remedies which cannot lawfully be excluded, restricted or modified. Otherwise, unless expressly included in this Agreement, all implied terms, conditions, warranties, guarantees, rights, or remedies that can be lawfully excluded are excluded. In particular, but subject to clause 16.1 and 16.2, we are not liable for death or injury caused by our negligence or breach of implied terms that services will be provided with reasonable care and skill at common law.
16.3 Loss of property
You promise not to unnecessarily bring valuables into the Club and agree that it is not the obligation of the Club to look after unattended property.
17. YOUR RESPONSIBILITY FOR DAMAGE
You agree to pay for any loss or damage to the Club or the Facilities and Services caused by you or your guests through a wilful, wrongful, or negligent act or as a result of your, or their, breach of this Agreement.
18. CLUB CLOSURES
(a) We may need to close our Club for a period of time, for example, due to an emergency, or if required by a court order or by law.
(b) We may close our Club up to 14 days in any 30-day period under clause 18(a) and keep charging Membership Fees.
(c) If we close the Club for between 15 and 30 days under clause 18(a) in any 30-day period, clause 18(e) applies.
(d) We may also close the Club for up to 30 consecutive days if it is being refurbished or relocated.
(e) We will try, but cannot promise we will be able, to tell you about any Club closures in advance.
19. COMPLAINTS AND FEEDBACK
19.1 If you have any concerns about the Facilities and Services or anything in relation to your Membership, you should raise it with the Club.
19.2 If you are uncomfortable about approaching, or do not wish to approach Club staff, or are not happy with the response given, you may send a complaint to Clubfit Gym by mail to email@example.com.
19.3 Complaints will be dealt with in accordance with the Clubfit Gym Complaints policy.
20. GENERAL LEGAL MATTERS
20.1 Unexpected events
We are not responsible if Members cannot use our Club because of an event caused by a superior force, natural disaster, fire, flood, road or building closure or for a reason beyond our control. If this continues for more than 60 days, then either party may cancel this Agreement by giving two weeks’ notice in writing.
If a court decides that any part of this Agreement is or becomes illegal, void or unenforceable, that part is deleted and this does not invalidate the rest of this Agreement.
If we do not enforce our rights under this Agreement at any time, it does not mean that we may not do so in future.
20.4 Entire Agreement
You agree that you have not relied upon any representations or warranties made by us and you solely rely on the information provided in this Agreement.
20.5 Applicable law
The laws applicable to New South Wales are applicable in this Agreement.