Membership Terms
POWERHOUSE GYM SOUTHSIDE
MEMBERSHIP TERMS
GENERAL TERMS AND CONDITIONS
These Membership Terms form part of the Membership Agreement between A&D Gym Pty Ltd ABN 91 684 050 413 trading as Powerhouse Gym Southside at 7-10/10 Old Chatswood Rd, Daisy Hill Qld 4127 (the Club, we or us) and you (the Member or you).
1 TERM.
1.1 The Membership Agreement (Agreement) commences on the date the Agreement is signed by the Member and continues until terminated in accordance with these terms.
1.2 The Agreement and your membership does not expire after the Minimum Term. Your membership will automatically continue on a rolling 30-day term until terminated in accordance with clause 6.
1.3 Cooling off period: You have the right to cancel this Agreement, by providing a written notice of cancellation to be delivered to the Club, within forty-eight (48) hours after this Agreement is signed by the Member. An administration fee will apply as set out in clause 5.6. The Cooling Off period does not apply to any packs that include goods or services that cannot be returned, such as supplements.
2 USE OF FACILITIES.
2.1 Subject to the Member’s ongoing compliance with this Agreement and the Club’s Rules and Regulations in force from time to time, and in consideration for the fees and charges agreed to be paid by the Member to the Club under this Agreement, the Club permits the Member to have reasonable use of the fitness equipment, fitness classes included within the Member’s plan, change rooms and showers, those parts of the premises designated for member use and related facilities located at (the “Facilities”) during the Club’s published hours of operation. Facilities, including the equipment made available and group fitness timetable and maintenance of common areas, are subject to change without notice.
2.2 Currently the Club provides 24/7 Access however you acknowledge and agree that the Facilities may not be staffed outside of standard reception hours.
2.3 Members can access the Facilities with the use of the Member’s access tag. Access may not be available if you fail to bring your access tag outside of staffed reception hours; you cannot provide adequate evidence of your identity and membership; if you are under 18 and attempting to access outside of staffed hours (unless you are accompanied by an adult or have a signed waiver in place); if your fees are overdue or you have an outstanding dispute with management that has paused your access.
2.4 You are solely responsible for your access tag. Members are not permitted to use their access tag to allow other individuals (whether members or not) access to the Club and must not lend their access tag to any other individual (whether a member or not). A breach of this clause incurs a tailgating fee which will be charged to your account per occurrence (set out in clause 5.6) or may result in suspension or termination of this Agreement under clause 6.
2.5 Guests may only be invited to the Club after obtaining authorisation from a staff member.
2.6 If you cause any damage to any aspect of the Facilities you must notify a member of staff.
3 ADDITIONAL SERVICES.
3.1 Membership Fees do not include personal training, creche visits, any fitness classes not included in your plan, or other personal services, all of which are extra services that the Club may make available for additional cost.
4 RULES AND REGULATIONS.
4.1 As a condition of using the Facilities and our services, the Member agrees to read a copy of the Club’s gym floor Rules and Regulations, remain familiar with them and comply with them at all times. Rules and Regulations are available from reception, and posted visibly within the Facilities at the reception desk and throughout the gym. Failure to abide by these Rules and Regulations may result in suspension or termination of this Agreement.
5 FEES
Membership Fees
5.1 The Member agrees to pay the Membership Fees for the term of this Agreement. Membership Fees are payable in advance (unless otherwise agreed by us in writing) by direct debit or upfront payment, and are non-refundable to the extent permitted by law and as otherwise set out in this Agreement.
5.2 Unless otherwise stated, Membership Fees are inclusive of GST.
5.3 Where paying by direct debit, it is your responsibility to ensure you have sufficient funds available to meet the payments required and failed direct debit attempts will attract additional fees. We may engage a third party payment services provider to manage payments for us, including deducting payments from your account by direct debit on our behalf.
5.4 The Membership Fees will not change during the Minimum Term although other fees may be applied on certain events as set out in clause 5.6.
5.5 The Club reserves the right to increase the Membership Fees by giving the Member at least 30 days’ notice in writing that such change(s) are going to occur. If the Minimum Term has expired and the Member does not agree to the change in Membership Fees, the Member can terminate under clause 6.
Other fees
5.6 The Member accepts responsibility and agrees to pay for:
(a) the reasonable cost of any damage to (ordinary wear and tear accepted) or theft from the Club’s Facilities, that is caused by the Member or his/her guest (including any person using the Member’s access tag). Members are responsible for all acts of any guest that they bring to the Club, whether authorised or unauthorised. Reasonable costs include the Club’s time in sourcing replacement or repairs.
(b) Default Direct Debits (failure of your direct debit payment): $10.00
(c) Tag Replacement Fee (if you lose or damage your access tag): $25.00
(d) Debit Collection: as per clause 6.7
(e) Cancellation Fee (Member cancelling Agreement within Minimum Term): $350.00
(f) Annual Fee (annual charge each June regardless of Minimum Term: up to $25.00
(g) Tailgating Fee (allowing any person to access the Club using your tag): $250.00
(h) Transfer Fee (where you are permitted to transfer remaining term to friend/family): $75.00
(h) Administration fee (terminating during cooling off period or for permanent sickness/injury): $75.00 or 10% of fee (whichever is less)
You agree that in each case the above fees are necessary to protect the Club’s legitimate interests, including to receive payments when due and the security and safety of the premises, and represent a genuine pre-estimate of the loss and damage we are likely to suffer in connection with your failure to fulfil your obligations under your Agreement. In relation to tailgating, the fee covers our costs of dealing with security risks.
6 BREACH, SUSPENSION AND TERMINATION
Transfer
6.1 If you are unable to use the remaining Minimum Term of your membership then you may be eligible to transfer your remaining Minimum Term to a friend or family member in which case a transfer fee applies under clause 5.6 and a 30-day notice period is required.
Breach – payment default by Member
6.2 If the Member defaults in paying any required fee by the due date, the Club may at its option:
(a) suspend access rights to the Club until the outstanding amount has been paid in full;
(b) declare the whole or any part of the balance to be immediately due and payable and charge those amounts to the authorised payment method on file, unless you have notified us that the payment is in genuine dispute;
(c) charge interest at a rate of 5% or apply a late payment charge of $25 (whichever is greater) to any amounts that remain outstanding within 10 days after their due date;
(d) terminate this Agreement if any overdue amounts remain outstanding 30 days or more after their due date.
Breach – by either party
6.3 Either party may terminate this Agreement where the other party has committed a material or repeated breach of this Agreement including the Rules and Regulations, or has committed a breach and failed to remedy that breach within a reasonable time of receiving notification. A breach by the Member of a warranty under clause 7.1 will be a material breach.
Termination within Minimum Term
6.4 If this Agreement terminates within the Minimum Term for any reason other than the Club’s breach or under clause 6.5, the Member must pay the Cancellation Fee.
6.5 Where the Member suffers from a permanent sickness or physical incapacity and provides a medical certificate stating that the Member cannot use the Club because of the issue, this Agreement will terminate on 14 days notice with a refund of any prepaid fees, less an administration fee.
Termination outside Minimum Term
6.6 The Member may terminate this Agreement on 30 days’ notice, by completing and submitting a cancellation form to the Club in person. The Member agrees to pay the Membership Fee for the 30 day notice period and must ensure that all fees are paid prior to termination.
Debt collection fees
6.7 The Member agrees pay for all costs incurred by the Club in any attempt to collect any monies owed by the Member to the Club under this Agreement including debt collection agent costs, repossession costs, location search costs, process server costs and solicitor costs on a solicitor/client basis.
Suspension and refused access
6.8 The Club may elect to suspend the Member’s membership where the Member is in breach of this Agreement, until such time as the breach is remedied.
6.9 If the Member behaves in a manner reasonably considered by the Club to be unacceptable, we reserve the right to refuse entry. Unacceptable behaviour may include but is not limited to disruptive or threatening behaviour, causing damage to Club premises or equipment, abusive language to staff or other members, dropping weights or the use of any illicit substance.
General
6.10 Termination does not affect any rights accrued by either party prior to the termination date.
6.11 The Club shall have the right to the extent permitted by law to enforce any one or more remedies under this Agreement whether successively or concurrently and such action shall not operate to bar or stop the Club from pursuing any other remedy that the Club may have under this Agreement or otherwise.
7 MEMBER WARRANTIES AND REPRESENTATIONS
7.1 The Member represents and warrants to the Club at the time of entering into this Agreement and every time he or she enters the Club (which warranties and representations the Member acknowledges the Club is relying upon) the following:
(a) you are in good physical health and condition and has no medical defects or other matter known to you that might be detrimental to your health, safety, comfort or physical condition, and you consult a qualified medical physician on a regular basis;
(b) you will notify the Club and any trainer of any conditions that arise that may impede or prevent you from using the Facilities safely or as intended, prior to any use of such Facilities;
(c) you will not use any of the Facilities whilst suffering from any contagious illness, disease or infection;
(d) you understand that you will be engaged in physical exercise which could, if not undertaken in a reasonable and responsible manner relative to your physical condition, result in personal injury to you;
(e) you agree to follow all Rules and Regulations which may be amended and enforced from time to time,
(f) you will always conduct yourself responsibly and use the Facilities within your physical limitations;
(g) you will not hurt any other person in the Facilities or damage the property of any other person in the Facilities; and
(g) in relation to 24/7 access, and acknowledging that there are certain times at which the Club may be unstaffed or unsupervised, you understand that should you choose to utilise the Club or the Facilities during such times then that may mean that you are exposed to a greater risk of harm or injury.
7.2 We reserve the right to refuse use of equipment or participation in any activity at the Club if we have reasonable concerns regarding your physical health and condition, including until an appropriate medical clearance has been received.
8 MEMBER’S WAIVER OF LIABILITY AND DISCLAIMER
8.1 The Member acknowledges and agrees that:
(a) the Membership Fees are for use of the Facilities only (unless otherwise expressly included within your plan);
(b) use of the Facilities is at your sole risk and the fees and other charges paid do not include insurance for personal injury to you, personal injury you cause to any other person, or any damages flowing therefrom or for damage or loss to your property or third party property;
(c) you assume all risk for personal injury to you, personal injury you cause to any other person, or any damages flowing therefrom or for damage or loss to your property or third party property howsoever caused,
8.2 The Member hereby fully releases the Club, its shareholders, directors, officers, employees, contractors, those for which the Club is responsible at law or otherwise, the landlord of the Club’s premises and any other party or parties related to any of the foregoing persons (Released Parties) from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated or unanticipated:
(a) resulting from or arising out of the Member’s use or intended use of the Facilities, including but without limitation, any claims for personal injury arising from or as a result of the negligence of a Released Party, or the negligence or other acts of any other person present on the Club’s premises as members or contractors; or
(b) whatsoever or howsoever caused for any loss, theft or damage to the Member’s personal property; or
(c) resulting from or arising out of the conduct or misconduct of any third party.
8.3 The Member must not:
(a) make any claim or demand or commence any action against any third party who might claim contribution, indemnity or other relief over and against any person or persons referred to in clause 8.2 above;
(b) join, assist and/or act in concert in manner whatsoever or howsoever with any other person, firm or corporation in making any claim or demand or the bringing of a proceeding or action in any manner whatsoever against those persons or any one or several of them set out in clause 8.2 above.
8.4 The Member understands this clause may be raised as an estoppel and a complete bar to any demand, action, claim, proceeding, or complaint made against the Club or any Released Party arising with respect to any matter that is released and discharged.
8.5 The Member indemnifies each of the Related Parties and keeps them indemnified from and against any loss, damage, personal injury, death or claim which the Related Parties suffer, pay or incur as a result of the Member’s breach of this Agreement, including the Rules and Regulations and any breach of warranty.
8.6 The Club is a licensee of Powerhouse Licensing, LLC DBA Powerhouse Gym International, is independently owned and operated and is permitted to operate under the name “Powerhouse Gym Southside”. The Member acknowledges and agrees that the Facilities are operated solely by the Club and not Powerhouse Gym International. The Member acknowledges and agrees that neither this Agreement nor use of the Facilities will give rise to any right to bring a claim of any nature whatsoever or howsoever against Powerhouse Gym International and hereby releases any and all claims against Powerhouse Gym International that he or she now or may in the future have for any loss, injury or damages of any nature whether arising under this Agreement from use of the Facilities or otherwise.
8.7 We may provide you with access to software, website services or apps to communicate with us, obtain information about the Club and your membership, and to book classes. Such software, website services and apps are provided by a third party. To access, you may have to agree to contractual terms with such third party. We are not responsible for the conduct of such third party or their software, website services or apps.
9 GENERAL
9.1 This Agreement is subject to all the other terms and conditions as set out in the Membership Agreement, these Membership Terms and the Rules and Regulations as updated from time to time.
9.2 No amendment of these Membership Terms (excluding a change to Fees as permitted by these terms) will be binding upon either party unless reduced to writing and signed by both parties. The Club may amend the Rules and Regulations from time to time.
9.3 Whenever this Agreement refer to a requirement for notice to be given (whether by you or by us), all such notices must be in writing.
9.4 If any of these terms are held by a court to be illegal, unenforceable or invalid, the offending provision will be severed from this Agreement and the remaining provisions of the terms will continue in full force and effect.
9.5 This Agreement and your membership are governed in all respects by the law of Queensland.
10 PRIVACY STATEMENT AND CREDIT REPORTING:
10.1 This statement sets out how we collect and manage your personal information (including information on Name, Address, Driver’s License, Contact and Emergency contact, photo identification and any medical conditions) and regarding credit reporting and defaults.
10.2 Marketing: Your contact information may be used for in house marketing. If you do not wish to receive marketing, there is an opt-out option with emails and sms contact. Your contact information will not be passed onto third party for marketing purposes unless you provide us with your consent.
Please be aware that we film and take photos at our Clubs from time to time for advertising and promotional purposes. If you do not wish to feature in any film or photos at the Club, please advise Club staff. Otherwise, you grant us the right to use any such images or videos for business and promotional material, and agree that such material will remain our property.
10.3 Membership Information: We may need to contact you occasionally with important information relating to your membership. You agree to provide us with any changes to your contact details and if you wish to change your payment method at least 30 days notice is required.
10.4 Personal information obtained by us will be kept confidential and only used by our staff for the purposes of performing this Agreement. We may also use and disclose your personal information to a third-party collection agency and/or credit reporting body. If you have a default to recover total value of contract, and if unsuccessful in recovery, a bad credit listing may be listed with a Credit Reporting Body. When a default occurs and it becomes 60 days overdue, default will be passed onto a private debt collection agency initially and following this if recovery is unsuccessful, to a credit reporting body (CRB). Notices will be given to you informing you of overdue payments and notice that if you do not pay the overdue/contract value then information about the default will be passed on to CRB. Failure to recover overdue payment may result in small claims recovery and further credit reporting to Veda.
10.5 Our Club is under camera surveillance and other monitoring for the protection of the Club and its members. Any footage taken is viewed only by us and our authorised officers for those purposes only, and to provide to law enforcement and government agencies as required. We reserve the right to keep and use footage for legal proceedings relating to conduct which occurs inside the Club.
11 MEMBER’S CERTIFICATION
11.1 You, as the Member acknowledge and agree that:
(a) you have read, understand, and agree to the terms of this Agreement and the Rules and Regulations;
(b) you will comply with this Agreement and Rules and Regulations in force from time to time;
(c) this membership is not based on usage and that you are bound to the terms of this Agreement regardless of how often you use the Facilities, or if you use them at all;
(d) you have been advised to consult a physician before you use the Facilities;
(e) exercise, and in particular, weight training and aerobics, and strenuous exercise may cause damage to your health and wellbeing; and
(f) any medical conditions or risks to your health which the Club should be aware of are listed below or will otherwise be providing to us in writing when such conditions or risk arise.