Terms & Conditions & Liability Release
Membership Terms and Conditions and Liability Release
In this agreement the following terms apply:
a. “Agreement” means the Membership Agreement between you and Club One Fitness.
b. “Club” means any of the facilities owned and operated by Club One Fitness. This includes Club One Fitness, 217 Sheridan Street, Cairns, 4870 and Centenary Market Place, Bentley Park, Cairns 4869.
c. “DD Service Provider” means the Direct Debit Service Provider Ezidebit used by Club One Fitness.
d. “You” means the person described in the agreement applying for a Club One membership.
e. “Member” is any person who has an active Membership Agreement with Club One including You.
LEAGALLY BINDING AGREEMENT
To accept membership to the Club you must agree this agreement is legally binding regardless of frequency of use or membership type. You must agree to all of the terms and conditions outlined in this document. If you are under the age of 18 years a parent or guardian must approve and co-sign the Agreement.
GENERAL CONDITIONS OF ENTRY
To ensure the Club is able to able to provide a high level of service in a safe, healthy and pleasant environment for all, you must comply with the following conditions:
a. You will be refused entry or asked to leave the Club if you:
i. use offensive or abusive language or behave in a threatening manor.
ii. are under the influence of drugs or alcohol.
b. Smoking is not permitted within the Club.
c. Sweat towels must be place on all equipment during use and cleaning stations used when required.
d. Appropriate exercise attire must be worn in the club at all times- no work clothes, jeans, boots, sandals, thongs or clothing that is likely to cause offence to others is permitted.
e. All weights must be removed from exercise equipment and returned to racks after use.
f. All equipment eg. dumbbells, fit-balls, mats etc must be returned to it proper place after use.
CLUB SECURITY – VIDEO SURVEILLANCE
For security purposes, the Club uses video surveillance equipment to monitor the premises and surrounds 24 hours of every day. By signing this Agreement you accept that you will be subject to video surveillance and recording. Video surveillance is limited to the building entry, exercise areas and reception areas only. It is not within the toilets / change rooms or client screening areas.
24 HOUR / 7 DAY ACCESS
Only Club Members are allowed 24/7 access to the facilities. Non-members may only enter the Club during Staffed Hours and are not permitted at any other times. Any Member who allows a non-member entry to the Club must acknowledge:
a. They accept full responsibility and liability on their personal behalf for and injury, loss or damage attributed to the non-member.
b. Their Membership may be cancelled and a $100.00 non-compliance fee may be charged to the Member’s nominated bank account.
c. CCTV footage is regularly viewed for Club Terms and Conditions Member compliance.
You agree to pay the fees and charges outlined in the Agreement and are bound by the direct debit terms and conditions as described in the Agreement.
DISHONOURED PAYMENTS AND FEES
It is your responsibility to ensure cleared funds are available on the due dates of direct debit payments. In the event that a fortnightly direct debit membership payment is dishonoured by your financial institution, A default charge of $9.90 may be collected by our DD Service Provider by direct debit one week from the default date. If your fees are to come from a credit or debit card the MOTO function of the Clubs EFTPOS terminal may be used to recover the missed payment amount using the card details provided by yourself.
Members of the Club must be at least 14 years of age and all members under the age of 18 must have a parent or guardian co-sign their Membership Agreement form and acknowledge the Liability Release.
Minors over 14 year but under16 years of age must comply with the following conditions:
a. Access will only be permitted during Staffed Hours – no access device will be issued. However an access device may be acquired at the age of 16 years and access restrictions lifted.
b. A minor may access the Club outside staffed hours only if accompanied by a parent or guardian over the age of 18 years who is a current member of the Club.
c. A pre-exercise questionnaire must be completed by a parent or guardian.
d. An exercise program must be supplied by a qualified fitness professional at the expense of the member and his/her parent or guardian.
Activities within the Club will be limited to those deemed suitable for the minor by a qualified fitness professional.
It is a condition of this agreement that you participate in at least Part 1 of the Club Orientation prior to receiving 24/7 access to the Club. These orientations will acquaint you with things such as entry procedures, club layout, emergency procedures, conditions of entry, fire and first aid items etc.
CANCELLATION, TERMINATION AND REFUNDS
All refunds will only be deposited into the members nominated bank account.
Cooling off Period. A cooling off period of 48 hours applies and starts from 5:00pm on the day this Agreement is dated. Notice of cancellation during this period must be in writing. The Club will refund all monies paid by the Member with the exception of an admin fee of $29.00 or 10% (whichever is the lesser).
Basic Cancellation Rights and Refunds. Members may have reason to cancel for the following.
Permanent Sickness or Incapacitation.
Your disability must physically prevent you from attending and using the Club. Your cancellation must be in writing and your condition verified in writing by a licensed physician. In the event this occurs to a Member, the Club will refund the unused portion of any PIA membership or transfer the membership to another if directed to do so at no extra charge.
Cancellation of Monthly Memberships.
These memberships may be cancelled at any time. Cancellation must be in writing and be received by management at least 2 days prior to the next EFT billing date to allow time to process the stop payment request to our DD Service Provider. No more payments will be taken from your nominated bank account from the date of cancellation. Your membership will continue for 1 calendar month as the Club will apply your prepaid last month fees to this period. Access cards/tokens must be returned to the Club at the conclusion of the membership.
Cancellation of Pre-Paid Membership.
You may not cancel a pre-paid membership (or receive a refund) except in the event you are deemed to have become permanently sick or incapacitated and the previously outlined cancellation procedures are followed. However the member may transfer the remaining membership period to another person attracting a transfer fee of $29.00. Any pre-paid membership that is not renewed before its end date will automatically expire.
Termination of Membership by Club One Fitness
Club One Fitness may, at its own discretion, terminate your membership if:
(i) you fail to make payments in accordance to any agreed payment plan.
(ii) monthly payments are not paid at the agreed time.
(iii) you fail to follow any of the Club One Fitness rules, policies or general conditions or violate any part of the agreement.
(iv) your conduct is improper or considered harmful to other members or the best interest of the Club.
Termination is effective from the date that written notification is sent by writing or email to your last known address. You will be liable for all financial obligations until that time and any money owed to Club One Fitness at that time must be paid. If you pre-paid you fees, Club One Fitness will not refund any remaining part of the membership and you must return your access card/token.
MEMBERSHIP GENERAL INFORMATION
Membership Usage. Your membership may only be used in accordance with the Agreement and any restrictions agreed to must be adhered to. Access and usage limitations due to age, mental or physical disability must be followed or you may be deemed in breach of the Agreement.
Membership Hold. Both PIA and monthly memberships may be placed on hold in the event you may need time away for personal reasons eg holidays, illness, etc. If you are Direct Debit Member, no fees will be taken from your account during this time. If you are a PIA Member your membership will be extended by the requested amount of time. An application must be made in writing and delivered to management at least 2 days before the Membership Hold is to commence. A Membership Hold request must be for no less than 2 weeks and not more that 6 weeks. Each Member is entitled to 1 (one) Membership Hold request each calendar year regardless of the period requested and can not be accumulated to another year if not used in the previous year. Access to the Club during this time will be denied.
PIA Members may transfer their remaining membership time to another non-member for a cost of $50.00 to the incoming member. A transfer request is available from the Club and the incoming member must agree to all of the terms and conditions outlined in the Agreement and attend an orientation session.
Direct Debit Members may transfer their membership only to an immediate family member. The incoming member will not incur any joining or last month fees and must take possession of the members access card/token to avoid purchasing a new one at a cost of $30.00.
ACCESS CARD / TOKEN TERMS AND CONDITIONS
Your access card/token MUST be swiped on the entry control panel every time you enter the Club regardless of whether the door is locked or unlocked (when staff are present). In the event you have lost or misplaced your access card/token, you must not gain access to the Club during un-staffed hours. To enter by use of another member’s card or with another Member is a breach of the Agreement by both Members. If you cannot find the missing access card/token it must be reporter to Club staff as it must be cancelled to avoid a breach of security. To continue to access to Club during un-staffed hours you will need to purchase another access card/token at a cost of $20.00.
CHANGE OF PERSONAL DETAILS
It is a condition of membership that you advise management of any change of details requested in the membership application.
Upon entering this Agreement you must declare that you are in good physical condition and have no medical reason why you should not take part in regular physical activity by using the equipment at the Club. If you have any health or medical concerns you must consult with, and take advice from, your doctor. You must declare these medical concerns on your pre-exercise questionnaire and if requested Club staff, provide a medical clearance certificate from your doctor.
LIABILITY OF PROPERTY
Club One Fitness is not liable to you for any personal property that is damaged, lost or stolen while on or around the Club including, but not limited to, a vehicle or its contents or any property left in an open locker. You will be liable for the cost to repair or replace any damage to the Club or equipment caused either directly or indirectly by you.
RELEASE OF LIABLITY
You use the facility provided by the Club at your own risk and acknowledge that the use the facilities may involve risk of injury, whether caused by you or another party. You release, to the fullest extent permitted by law, Club One Fitness against and from all expenses, costs, liabilities, actions, claims, proceedings, damages, judgements and loss of any kind whatsoever arising out of, caused by, attributable to or resulting from an accident, damage, loss, damage to property, injury or death to any person.
You indemnify Club One Fitness against all forms of expenses, damages, costs, liabilities, claims, actions, proceedings, judgements and losses of any kind whatsoever that Club One Fitness incurs arising out of, caused by, attributable to or resulting from an accident, damage, loss, damage to property, injury or death to any person caused by you at or in the Club or in the vicinity of the Club.
ACCEPTANCE OF ENTIRE AGREEMENT
By signing this Agreement you accept all the term and conditions mentioned and/or implied in all parts of this Agreement. If paying by direct debit you understand the arrangement made by the Club and our DD Service Provider on your behalf and agree to abide by the terms and conditions of that agreement.