Membership Agreement
TERMS OF SERVICE
Membership Agreement Terms and Conditions
Advice before you sign:
Once you sign this agreement and submit it to us, we have the choice of accepting it or not. If we accept it, there will be a legally binding agreement created between yourself and us. This is known as a contract and it sets out the rights and obligations of each party. You should therefore read this document carefully and make sure you understand it before signing it. If you do not understand something, ask us or seek advice.
What is set out in this agreement overrides anything that anyone may have said to you. If there is something in this agreement different to something that you may have been told, you should tell us before you sign this agreement.
Definitions:
In this agreement there are some words and terms used repeatedly. To make things easier to understand, when we use those words and terms, they will have the following meanings:
“GYM4”, “the Company”, “us”, “we”, means Dingley Family Trust trading as GYM4 ABN: 98903473315
“Member”, “you”, your means the person described in Membership Agreement Form and referred to as member and includes the parent or guardian of the Member if the Member is under 18 years.
“Home Club”, refers to the club where you joined and is named on your membership contract.
“Club” refers to GYM4 where your membership entitles you to visit.
Communication:
All enquiries related to membership and or services provided under this agreement should be directed to the Club via its contact details listed on the website www.gym4.com.au
You are required to advise us of any changes to your contact details and ensure that we have your current email and mobile phone contact details.
You agree that we may contact you via email, SMS, phone or letter to your residential address concerning your membership and membership fees.
Cooling off period:
You may cancel this agreement at any time within 48 hours from signing this agreement (referred to as the Cooling Off Period) by delivery of notice in writing to your Club.
Upon Cancellation within the Cooling Off Period, we will refund the full amount paid for any unused services or products and returned produces, less an administration fee.
Any refund will only be paid via EFT or cheque within 10 business days. No cash refunds will be issued.
Contract:
By entering into this agreement, you purchase a membership or services and you agree to all the terms of this agreement.
You acknowledge that neither the Company, nor anyone on behalf of the Company, has made any representations or promises upon which you are relying in entering into this agreement unless set out in this agreement.
You agree that this document sets out the complete agreement between you and us.
If any part of this agreement is invalid or unenforceable, the remaining parts will continue.
If the Company does not exercise any rights it has under this agreement it is not giving away those rights. Those rights may still be exercised later.
If there are any special conditions related to your particular membership, these will be displayed in the Special Conditions section of your membership agreement.
Parties:
The agreement is binding on each party and the heirs, successors and assigns of each of the parties.
This agreement is binding on the Guarantor and Guardian of any party who is under 18 years of age.
Membership:
The initial membership you have chosen is shown on the front page of this agreement. The terms of this agreement prevail under the renewal or extension of the initial membership shown on the front page of this agreement and are not limited to the term of the initial membership.
Membership is subject to current company policies, rules and limitations and to any future changes to those policies, rules and limitations.
Memberships are assignable to a new owner of the business, at the sale or assignment of the business.
Memberships can be suspended for up to three months within a 12 months period. Minimum Term is extended by suspensions.
Memberships can be transferred to another person while still under the initial contract period. Transferees of a membership are subject to the same terms and conditions as you under this agreement.
Memberships are not refundable except as provided by law.
30 days written notice is required to terminate membership by way of completion of a Cancellation Form.
All entitlements and entry into the club is not allowed if the members account is in arrears.
Members under 18 Years old
Members under the age of 18 years old must:
have this agreement co-signed by an adult guardian as a guarantor for your obligations under this agreement.
undertake an induction program with a qualified personal trainer prior to commencing any activities withing the club.
attend the club only during staffed hours or under the supervision of another adult member
We reserve the right to refuse membership, provision of services and/or use of the facilities, whether on a permanent or temporary basis, to any person under the age of 18 years or to stipulate terms and conditions applicable to any person under the age of 18 years, including the payment of any additional fees attendant thereon.
We reserve the right to refuse entry and/or to cancel membership for breach of the agreement, misconduct, damage to equipment, inappropriate behaviour or drug use, including where circumstances so warrant, without notice or warning.
Physical Condition/Medical Advice:
It is up to you to let us know if you have any medical or physical condition which might prevent or affect your use of our facilities.
By entering into this agreement you are representing that you have no such adverse medical or physical condition and that you are not aware of any health or medical reason why you should not use our facilities and services.
You also acknowledge that we have not given you medical advice and cannot in the future give you medical advice in respect of your condition and your ability to use the facilities.
You should check with your doctor before using the facilities if you have any concerns in that regard.
Facilities and Services:
We reserve the right to remove, delete or replace equipment and/or services at our club.
We also reserve the right to vary equipment, services and hours of operation at our club.
Some products, equipment or services may not be included in all memberships and may require you to hold a particular membership or pay an additional fee e.g. creche services, personal training sessions, reformer classes.
We reserve the right, in the event of permanent closure of the club which you have joined, to transfer your membership to another one of our clubs within 25 kilometres of the closed club. If there is no club within 25 kilometres, you have the right to cancel your membership.
If your club has a swimming pool, the swimming pool must not be accessed at any time that is unstaffed.
Liability for Property:
We will not be liable for any personal property that is damaged, lost or stolen while on our premises unless caused by any deliberate or careless act of the Company or its personnel. This includes any motor vehicle and anything in any motor vehicle.
Any items left in the lockers overnight will be held at reception for 2 weeks and then donated to charity.
You will be responsible for the cost of repair and/or replacement of any damage contributed to or caused to our property by you or your guest.
Membership Price and Fees:
Fees and charges payable by you, as set out on the Membership Agreement, are payable in advance.
By signing the agreement, you authorise us to charge or cause transfers to be made from your nominated direct debit account.
The above authorisation is a continuing authorisation until your obligations under this agreement are fulfilled or until your membership is terminated or cancelled and continues upon assignment of the agreement to a new owner of the business.
The above authorisation includes (but is not limited to) recurring fees, membership fees, GST and any unpaid fees. Rate includes GST at 10%, if GST rate was increased the GST payable would be amended to reflect this.
We may recover from you any merchant or other fees attendant upon credit card use or charged to us as a result of payment by you, whether by credit card or otherwise.
We reserve the right to charge you a processing fee being the reprocessing fee in the event of dishonour of your direct debit.
For Direct Debit Memberships we use a third party as a direct debit billing provider, and you will be asked to fill out a Direct Debit Request (DDR) to allow deductions from your financial institution of choice. We reserve the right to change billing providers.
A fee of $150 is payable for the cancellation of a membership within the initial term of the membership.
A fee of $75 is payable for the cancellation of a membership within the cooling off period.
A fee of $50 is payable if you allow another person to enter the club during unstaffed hours.
Penalties including fees and the cancellation of your membership do apply if you do not scan in or if you allow another person to enter without scanning in.
Membership Fees may be increased at the discretion of the club on the annual anniversary of this contract by a CPI or maximum of 3% whichever is greater.
No fee is payable for the suspension of a membership
No fee is payable for the transfer of a membership to another person.
Rules & Regulations:
You acknowledge that we have in place membership policies, rules and regulations for the use of equipment, use of the premises and in relation to behaviour within the club.
Policies, Rules and Regulations may be included within these terms and conditions or displayed on the company website or on posters within the club.
We reserve the right to vary such policies, rules and regulations from time to time in a manner not inconsistent with membership.
Violation of membership policy, rules and regulations may result in termination of membership at our sole discretion.
Acknowledgment Release And Assumption Of Risk:
You acknowledge that you will not hold the club responsible for any personal injury or damage (whether direct, indirect special or consequential) suffered by you or loss of property while on the premises or undertaking activities arranged by the club.
You acknowledge that, except as provided in this document, the club gives no warranties in respect of the facilities and equipment it provides. You hereby release and will indemnify and keep indemnified the club for any injury or loss suffered by me while on the premises or undertaking activities arranged by the club.
You acknowledge that before utilising the facilities you have/will undertake an appropriate induction which covers the safe use of the equipment and the safety features of the security and 24/7 access control system implemented at the club.