TERMS AND CONDITIONS
These terms and conditions relate to Jindalee Fitness 24/7 (Club) and your membership and use of the Club and its associated services and facilities. Please read these terms and conditions carefully. If you have any questions or concerns please contact the manager of the Club.
1.1 Your membership with the Club is governed by these terms and conditions (Terms).
1.2 These Terms incorporate all the policies and rules of the Club (Policies) which may apply from time to time. The Policies may be found at 225 Sinnamon Road, Jindalee, QLD,4074 and are available at reception.
1.3 These terms and conditions may be varied by us at any time. We will advise you of any variation.
2. MEMBERSHIP GENERALLY
2.1 Membership of the Club entitles you to use the premises, facilities and equipment and participate in group sessions as may be available. Membership may not entitle you to all facilities and services provided by the Club.
2.2 We reserve the right to make changes to the premises, facilities, equipment, services, and operation of the Club at any time.
2.3 The type/level of membership that you hold depends on the type of membership/level that you apply and pay for.
2.4 You must meet comply with the Club’s pre-membership processes and requirements (including completing the Pre-exercise Questionnaire (PARQ) Form) prior to membership being accepted and commenced.
2.5 You may only use the Club if your membership is up-to-date, you are not in breach of these Terms, and you have no overdue payments.
2.6 You must immediately advise the Club in writing of any change in your details (including but not limited to health risks, contact details and bank details).
3. FEES AND PAYMENTS
3.1 You agree to pay all Fees in accordance with the level and type of membership that you agreed with the Club.
3.2 The Fees applicable to the Club will be as advised from time to time.
3.3 These Terms set out other Fees which may apply to you from time to time.
3.4 You agree to be bound by any DDR signed by you.
3.5 You will be charged a dishonour fee in the event any payment to the Club is dishonoured.
3.6 Additional fees may be charged for any overdue or late payments.
3.7 Any changes to Fees and these Terms during your Membership Term will be notified to you in writing. The changes will take effect after fourteen (14) days. You may terminate your membership without penalty (save for any applicable Administration Fee) during this fourteen (14) day period. If you continue to use the Club after this period, you will be deemed to have accepted the changes.
3.8 You agree to pay any and all costs incurred as a result of debt collection including the commission, fees and costs charged by any debt collection agency (if applicable).
4. ADDITIONAL SERVICES
4.1 The Club provides a number of facilities and services which are not included in your membership. Such facilities and services may include personal training, use of the Kids Club Creche, use of the Café, Reformer Pilates and Small Group Training.
4.2 Bookings may be required to for the use of some additional facilities and services. We do not guarantee placement into a class or spot.
4.3 Such facilities and services may incur an additional Fee.
4.4 You will be responsible for payment of any additional fees incurred by you.
4.5 Personal training and other services may be supplied by contractors. Only personal trainers authorised by us may train members in the Club.
(a) Any request to cancel your membership must be made in writing to the Club.
(b) Save for the Cooling Off Period (see clause 5.2 below), thirty (30) days’ notice is required for cancellation of all memberships.
(c) Memberships must be active during the full 30 day notice period. Memberships may not be under suspension during the notice period.
(d) All outstanding fees that fall within the notice period must be paid in full by you to the date of termination.
(e) Provided all outstanding fees have been paid by you, termination of membership will also be a termination of any DDR.
(f) All cancellations may incur an Administration Fee which may be set off against any Fees to be refunded to you.
5.2 Cooling Off Period
(a) These Terms and any DDR are subject to a seven (7) day cooling off period (Cooling Off Period).
(b) The Cooling Off Period commences on the day you join (sign-up) for membership with the Club.
(c) You may cancel your membership by written notice to the Club at any time during the Cooling Off Period.
(d) If you validly cancel your membership during the Cooling Off Period, all monies paid by you will be refunded on a pro rata basis with the exception of an Administration Fee.
5.3 Membership Term
(a) If you terminate your membership before the expiry of the Membership Term you must pay the Cancellation Fee.
(b) After the expiry of the Membership Term, you may terminate your membership on thirty (30) days written notice to the Club.
5.4 Paid in full memberships (PIFM)
(a) If you elect to pay your membership in full at the time of joining the Club, you will not be entitled to any refund of Fees should you elect to terminate your membership prior to the end of the Membership Term.
(b) PIFMs may be transferred at any time to another person upon written request.
(c) The Club will charge a transfer fee for any PIFM transfer request.
5.5 Permanent Disability
(a) Upon providing written advice of a permanent disability or serious illness, along with a letter from a medical practitioner detailing your disability or illness, the Club may agree to cancel your membership effective from the day of notice. Such cancellation may incur an Administration Fee.
(b) If the medical condition is deemed not to be a permanent disability or serious illness, usual cancellation terms will apply.
(c) If your membership is cancelled under this clause, all monies paid by you will be refunded to you on a pro rata basis.
6.1 You may suspend your membership on written request to the Club.
6.2 Subject to clause 6.3, you may suspend your membership for a minimum of two (2) weeks at a time.
6.3 The total time of suspension in any twelve (12) month period must not exceed six (6) weeks.
6.4 The period of any suspension will be added onto your Membership Term.
6.5 A nominal fee not exceeding $5.00 per week may be charged to you for the duration of any suspension.
6.6 An Administration Fee may be charged for any suspension.
6.7 You may not access the Club or use our services and facilities while your membership is suspended.
7.1 The Club may restrict or terminate your membership at any time for the following:
(a) your health and/or safety;
(b) your failure to make payments of Fees;
(c) you terminate your DDR;
(d) you engage in illegal or offensive activity in the Club (including but not limited to the use or sale of steroids or performance enhancing drugs);
(e) you fail to follow any of the reasonable directions of staff or policies of the Club;
(f) you breach any of these terms and conditions; or
(g) your conduct is improper or harmful to any other member or the Club.
7.2 You will receive written notice of your termination of membership.
7.3 You are liable to pay all Fees on termination of your membership for whatever reason.
8. MEMBER ACCESS
8.1 For security purposes, the Club has constant video surveillance (except in the toilet, showers, change rooms and Kids Club) and you acknowledge and consent to such surveillance.
8.2 You must swipe or present your Access Card at the Club reception every time they attend the Club.
8.3 When scanning your Access Card upon entry outside staffed hours (if provided), you will have a limited amount of time to enter the Club. If this opportunity is missed you may not be able to retry for a period of up to five (5) minutes.
8.4 You must not bring a non-member into the Club unless the non-member becomes a casual member and pays the appropriate fee.
8.5 You must not permit to allow a non-member the use your Access Card.
8.6 If you breach clause 8.4 or clause 8.5 the following applies:
(a) indemnify us against any injury loss or damage attributed to the non-member howsoever caused;
(b) your membership will be automatically suspended for a period of fourteen (14) days without any notification;
(c) any subsequent breach by you will entitle the Club to immediately terminate your membership;
(d) if your membership is terminated pursuant to this clause, you will be liable for payment of a cancellation fee equal to the greater of $250 or 50% of the remaining membership fees due and payable under these Terms.
8.7 If your Access Card is lost, destroyed or damaged and requires replacement, you will be charged a replacement card fee.
9. MEMBER CONDUCT
9.1 Your entry to the Club will be refused or you will be asked to leave the Club if:
(a) you use abusive or offensive language;
(b) your behaviour is threatening to other members or staff of the Club;
(c) you are under the influence of drugs or alcohol;
(d) you smoke in the Club;
(e) you fail to comply with the policies of the Club from time to time;
(f) you fail to comply with the reasonable directions of staff of the Club; and/or
(g) we consider your behaviour to be risky or seriously inappropriate.
9.2 No food or gum is permitted in the Club (except for the Café area).
9.3 No filming or photography is permitted in the Club.
10. DESIGNATED AREAS
10.1 The Club will not be staffed 24/7. The Club will allocate staffed and non-staffed hours.
10.2 Certain areas of the Club will be restricted during non-staffed hours.
10.3 The Café area, reception and staff offices are restricted during unstaffed hours and must not be accessed by you during these times.
10.4 The swimming pool is restricted during unstaffed hours. The pool area must not to be accessed by you during these times other than for using emergency exits in the event of an emergency.
10.5 You acknowledge that any entry into any restricted area during unstaffed hours will activate an alarm and notify security monitoring.
10.6 You will be responsible for the payment of a fine of approximately $250 for any access to a restricted area during unstaffed hours.
10.7 If you access a restricted area and incur a fine as a second offence, you will incur a further fine (of approximately $250) and the Club will immediately termination of your membership.
10.8 You acknowledge that the carpark is restricted in the shopping centre.
11. EMERGENCY, SAFETY AND MAINTENANCE
11.1 Emergency and safety
(a) The Club provides emergency evacuation plans, emergency exits, first aid kits, defibrillators, duress alarms and an emergency call station for use by the Club and all members.
(b) The Club uses reasonable endeavours to ensure all members are aware of the emergency devices and plans available at the Club.
(c) You must use the Club and all equipment and facilities of the Club in accordance with any instructions and safety advice provided.
(d) Portable duress alarms must be worn by you when training alone in the Club.
(e) You must act responsibly when using any emergency device.
(f) Any damage caused by you to an emergency device will incur a $100 replacement fee payable by you.
(g) Any improper use of an alarm (including a duress alarm) by you may result in a call out fee of up to $550 being charged to you.
11.2 Maintenance, safety and other
(a) The Club may from time to time as is reasonably necessary:
(i) close off any part of the Club or isolate any piece of equipment for maintenance or safety reasons;
(ii) change the hours of opening and closing of the Club or particular areas;
(iii) alter class timetables; or
(iv) vary rules of the Club,
and the Club will, where practicable, provide reasonable notice to the members.
12.1 You must wear correct training attire whilst training in the Club.
12.2 You must not wear jeans, work clothes, boots, sandals, thongs, or clothing that is likely to cause offence to others in the Club.
12.3 A member must always wear enclosed footwear within the Club.
13.1 You are responsible for the safe use of the equipment in the Club.
13.2 You must use equipment in accordance with any instructions provided for that equipment.
13.3 You must ask staff for assistance and instruction if you are unsure how to use any piece of equipment.
13.4 You must use only use treadmills with the safety key.
13.5 You must use towels on equipment at all times.
13.6 You must wipe down equipment after use by you.
13.7 You must correctly return, store and place the equipment after use (including but not limited to unloading and returning weights to their rack).
13.8 You must not damage any of the equipment or facilities of the Club.
13.9 You are liable to pay for any loss or damage caused by you any to property of the Club whether wilfully or through your negligence.
14.1 Bags are not permitted in the Club unless placed in the lockers/bag racks provided.
14.2 You must use lockers in accordance with the instructions provided.
14.3 Any use of a locker during unstaffed hours is at your sole risk.
14.4 All items stored in the lockers are at your risk. The lockers are not security devices.
14.5 The Club does not accept responsibility for items lost, damaged or stolen while in or around the Club.
15.1 The Club may require booking arrangements for classes.
15.2 To attend a class, you must book the class in accordance with the Club’s booking guidelines.
15.3 You will not be permitted entry to a group class where you are greater than five (5) minutes late to the class.
15.4 The Club reserves the right to charge you a late cancellation fee should you either fail to attend a class that you have booked or you fail to cancel your booking within twelve (12) hours of that class.
15.5 Cancellation fees will be as advised by the Club from time to time.
16. CHILDREN AND KIDS CLUB
16.1 No person under the age of sixteen (16) years is allowed in the Club unless accompanied by a guardian or qualified instructor.
16.2 If you are between the age of sixteen (16) and eighteen (18) years you may train in the facility without a parent guardian during staffed hours. If you wish to train outside staffed hours, you must be accompanied by a guardian or qualified instructor.
16.3 Children between the age of zero (0) and twelve (12) years are only permitted in the Club in our supervised Kids Club Creche area during our designated session times.
16.4 To attend the Kids Club Creche, your child must have an up-to-date and completed the enrolment form.
16.5 You may only use the Kids Club Creche if you had made a prior booking.
16.6 There is no guarantee of placement of a child into the Kids Club Creche at any time.
16.7 The Kids Club Creche will operate during allocated times as advised by the Club. The Kids Club Creche will not operate if no children have been booked in.
16.8 Children who are ill are not permitted in the Kids Club Creche. If a child presents with an illness while in the Kids Club Creche the child will have to be removed.
16.9 The Club has strict requirements on infectious illness which are specified in the enrolment form.
16.10 No medication will be administered to any child.
16.11 You and your child are required to comply will all policies relevant to the Kids Club Creche including its behaviour management policy.
16.12 A fee may be payable for use of the Kids Club Creche.
17.1 You are responsible for obtaining advice about your use of the Club and its facilities where you have any medical or health concerns.
17.2 You acknowledge that whilst using the Club, you are at risk of suffering physical harm or personal injury including broken bones, soft tissue injuries, joint injuries, permanent disability or death.
17.3 You acknowledge that injury may result not only from your actions but from the action, omission or negligence of others.
17.4 You acknowledge that whilst every attempt is made to ensure that the services and facilities provided by the Club are safe, there are inherent risks involved.
17.5 You agree that you are participating in use of the services and facilities of the Club voluntarily at your own risk and responsibility despite the risks set out in the clause.
18. LIABILITY, RELEASE AND INDEMNITY
18.1 To the extent permitted by law:
(a) you will not hold us liable for any actions, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs and expenses however arising that you may have had but for this clause arising from or in connection with your membership and your involvement in fitness activities in the Club or using our facilities, services, equipment or products; and
(b) you indemnify us against all actions, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs or expenses however arising as a result of or in connection with your membership or your involvement in fitness activities in the Club or from using our facilities, services equipment or products.
Nothing in this clause releases us from loss damaged caused by the Club’s gross negligence.
18.2 You acknowledge that the Club operates unmanned during certain hours. Where you undertake activity in the Club where it is unmanned and unsupervised, you do so at your own risk. You release, indemnify and hold the Club harmless in the event of loss, injury or death in such circumstances.
18.3 You warrant that to the best of your knowledge, you do not have any physical, medical or other disability or condition which may be affected or aggravated by, or which may result in any sickness, injury or death to you as a result of, your use of the Club or its facilities.
If any provision of these Terms is prohibited, invalid or unenforceable, that provision will be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of these Terms or affecting the validity or enforceability of that provision, unless it materially alters the nature or material terms of these Terms.
21. ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and us regarding the matters set out in it and supersedes any prior representations, understandings or arrangements made between you and us, whether orally or in writing.
22.1 Access Card means the membership card or tag issued to you to allow you to enter the Club;
22.2 Administration Fee means the fee charged by the Club for attending to your administrative requests;
22.3 Cancellation Fee means the fee payable to you for cancellation of your membership which is specified on your application form [$150];
22.4 DDR means the Direct Debit Request signed by you and the Club or third party as the case may be for direct debit payments;
22.5 Fees mean all fees due and payable by a member pursuant to these Terms. Fees includes but is not limited any Member Fees, Joining Fees, Annual Maintenance Fees, Administration Fees, Cancellation Fees, Transfer Fees;
22.6 member means you being an approved member of the Club who has entered into these Terms;
22.7 membership means your membership of the Club on these Terms;
22.8 Membership Term means the term of your membership with the Club as agreed between you and the Club.