THE GYM MELBOURNE
TERMS AND CONDITIONS
The Gym Melbourne Terms & Conditions
These are Terms & Conditions we, The Gym Melbourne Pty Ltd ABN: 75 450 504 185, are willing to provide the Membership agreement to you.
Parties to this agreement: “facility” or “club” mean The Gym Melbourne. “Member” means the person that has agreed to this contract
Membership Type (Membership Name)
1.1 Fortnightly membership option is based on recurring direct debit from a nominated bank account or credit card with a minimum commitment of 3-month direct debit period, unless terminated by The Gym MelbourneIndividual Membership subscribers will be billed (XXX) each fortnight in addition to an administration fee of (XXX) for each direct debit transaction unless and alternative amount is agreed to.
1.2 Annual membership will be (XXX) unless an alternative amount if agreed to.
1.3 Any persons under the age of 18 will require a parent of guardians’ consent in you being a member of The Gym Melbourne and will be liable for your obligations in this agreement.
2. Club Orientation
2.1 It is a condition of this Agreement that you participate in an initial member orientation program. This orientation focuses on the safe and correct use of equipment provided at the Club. The Gym Apollo Bay may suspend or terminate this Agreement in the event of unsatisfactory completion of the club orientation prior to the commencement of exercise.
3. General rules & Behaviour
3.1 Members are required to be courteous to other Members and staff at all times. Rude or abusive will not be tolerated. Members must comply with all staff instructions regarding exercise and safety.
food or alcohol
3.2 Out of respect for fellow Members: All Members must comply with The Gym Melbourne's clothing etiquette
T-shirt or razor back top as a minimum for upper body
Shorts and gym leggings as a minimum for lower body.
Closed toe shoes must be worn at all times.
3.3 Out of respect for fellow Members: equipment seats must be wiped down after completing each station an any equipment used by you must be put back.
Also, no towel no training!!
4.1 Members agree to allow The Gym Melbourne to contact you regarding ongoing membership information and promotions.
5. Club Access
5.1 Membership subscribers are entitled to use the facility within their club of membership commencement 24 hours a day 7 days a week unless otherwise agreed.
5.2 Members will be issued a membership fob that enables access to the club for a fee of $40.00. Each visit, members must register by swiping their membership fob at the main entrance door prior to entering the club. If at any stage your access fob is lost or damaged, please contact the Club immediately to cancel and reassign another at the charge of $25.00.
Once in the facility, all members must sign in using the Ipad which is located on the reception desk.
5.3 Memberships can only be used by the assigned fob owner. Any member permitting unauthorised access to non-members in to the club will incur a fine of $99.00, this will be automatically debited on the net direct debit date and the member will incur automatic suspension of access. Reactivating of membership access will be at the discretion of the Club manager.
5.4 Any casual visits, Trials, or guest pass must only be used during staffed hours and MUST be processed by reception before they enter the Club.
5.5 Membership to The Gym Apollo Bay is for individuals only and its benefits cannot be shared with other individuals or groups. A Member must be 18 years or older, in good health and have the approval of their doctor to exercise if the Members PARQ had more than one “YES” ticked on the PARQ.
Members must freely warrant to The Gym Apollo Bay that they do not have any physical/ medical condition that may affect their ability to exercise and without aggravating injury. The Gym Melbourne reserves the right to grant, refuse or revoke membership rights at its absolute discretion.
6. Membership Start Date
6.1 Memberships will be activated on the date of request providing the following forms have been completed in full and submitted: New Membership Application Form, Ezidebit Payment Authority Form, Pre Activity Readiness Questionnaire and the Terms and Conditions of the Club.
7. Suspending Memberships
7.1 Memberships may be suspended for a minimum of 2 weeks (1 debit cycles) and for a maximum of 8 weeks (4 debit cycles) every 12 months. A written request must be made at least 3 full working days prior to the next direct debit cyle date.
8. Membership Terminations
8.1 This is an ongoing membership agreement. The agreement will continue until either you or the Gym Manager terminated the agreement. If an automatic arrangement is in place, membership fees will continue to be debited from your credit card or account until you or The Gym Melbourne cancels the arrangement by notifying The Gym Melbourne in person or writing (The Gym Melbourne, 48 Flemington Road, Parkville 3052) or via email.
8.2 You may terminate your membership within 48 hours of the joining date should you feel the Club does not meet your expectations or your circumstances have changed. This forms you cooling off period. During this time, you are entitled to a full refund minus any visitations/ club usage you made in the cooling off period. Each of these sessions will be charged at the advertised non-member rate of $15.00
8.3 After the cooling off period you may terminate your membership provided you have fulfilled a minimum term of 3 month direct debit period. This request to terminate must be in person or in writing. The Membership will be cancelled 30 days, from the date that the in person or written request was made.
8.4 Termination of membership agreement by us may occur immediately if you breach any of the Terms and Conditions governing the agreement.
8.5 Any terminated member who wishes to re-join The Gym Melbourne will need to pay a new Access Fob fee.
9. Fees & Collections
9.1 To provide convenience to financial security, The Gym Melbourne aims to operate an “cash less” environment with all transactions processed through our direct debit collections agent Ezidebit. Ezidebit will only debit fees by authority of The Gym Melbourne. By accepting these Terms & Conditions you all The Gym Melbourne to provide Ezidebit your listed account details via a secure and restricted gateway.
9.2 Fees will be debited on a fortnightly basis from the date on which your membership starts.
9.3 Your first payment will include your access fob fee and also any proportional days between your start date and the next scheduled direct debit date.
9.4 Members will have 7 days to organise the payment if any dishonoured debit transaction. Failure to do so will result in suspension of access that may lead to cancellation of membership.
9.5 Members that fall into arrears will have their access fob suspended and will be refused entry until such time that all arrears including the administration fee has been paid.
10. Personal trainers
10.1 The Personal Trainers are a blend of The Gym Melbourne staff an Personal Trainers who operate their own business. The Self-operating Personal Trainers must comply with all of our policies, procedures and service standards. Personal Trainers receive professional development training from The Gym Melbourne. Personal Trainers not hired or authorised by The Gym Apollo Bay may not train clients with The Gym Melbourne premises.
11. Membership Transfers
11.1 Your membership subscription may not be transferred to any other person. Your membership is an agreement personal to you.
12. Completion of the Pre-Activity Questionnaire
12.1 No person will be provided with a fitness service irrespectively if they are a casual visitor or they enter a membership agreement unless they complete a pre-activity readiness questionnaire, provided by The Gym Apollo Bay that refers to the customer’s potential risk of participating in a fitness or exercise service.
12.2 Where answers to the questionnaire indicate that consumer may be at risk from participating in a particular fitness service, The Gym Apollo Bay will not supply any unsupervised fitness service to the consumer unless states and provides proof that they have received advise from a medical practitioner or any appropriatehealth and fitness professional to the effect that the consumer is, in the opinion of the practitioner or the health and fitness professional, not at risk of participating in the proposed fitness service.
12.3 Where The Gym Apollo Bay receives evidence that the consumer may be at risk from participating in an exercise activity, no fitness or exercise service will be provided until an appropriate qualified person has provided advice to the consumer in relation to an appropriate fitness program.
13. The Safety to You and Others
13.1 The Gym Apollo Bay is a 24 hour, 7 day a week accessible facility. The Club only has direct supervision from a Fitness employee during the advertised times under the title “staffed hours”
13.2 For the safety of any person and property inside the Club, 24 hour CCTV surveillance is recorded live.
13.3 In the event of an emergency please follow the emergency instructions posted within the Club.
13.4 At no time is a member to enter the Club under the influence of alcohol, illicit drugs and/ or medications that states strenuous activity to be avoided on its warning label.
13.5 At all times members must respect the property of The Gym Apollo Bay and of others and will be liable for any damages caused.
14. Unsupervised Facility
14.1 Members realise and understand that they will be using an unsupervised Facility, and are aware of the Inherent risks that come with that situation and agree to accept these risks in using the Facility.
15. Security Surveillance and Patrols
15.1 Members recognise and accept that they will be video recorded whilst in the Facility for their own safety. The Video footage can be used in evidence if rules or breaches have occurred. Spot security patrols will occur requiring the supply of membership access fobs upon request. While in the Facility you must have your membership access fob with you at all times.
16. Personal Privacy
16.1 The Gym Melbourne is committed to respecting and upholding the individual’s rights to privacy protection under the National Privacy Principles contained in the Privacy Act 1988
16.2 All personal information collected is in the strictest confidence that it shall be securely safe guarded by The Gym Apollo Bay for restricted use as set out in these Terms and Conditions
16.3 The Gym Apollo Bay will not disclose to any person any personal information acquired by him or her from a member unless authorised, in writing, by the member.
16.4 All members give The Gym Melbourne permission to take their photo which is stored on their membership file.
17. Membership Fee Increase
17.1 We reserve the right at any time after the minimum term of one fortnight to increase the membership fees on any given rolling direct debit Membership agreement. If we decide to increase Membership Fees we will provide at least 28 days prior notice of the increasement by post or email to the addresses provided by you in the Membership application. Following such notice, you authorise us to increase any direct debits to your credit card or bank account which you have authorised upon joining.
18. Risk Management
18.1 To mitigate risk and ensure that you correctly operate or use and of the facility, services, products or equipment, including the adjustments of levels or settings on any equipment, you are required to undertake an instructional consultation with a member of our staff before use.
19. Responsibility for Damage
19.1 You are solely responsible for any damage which you may cause to The Gym Melbourne, its facilities, services, products or equipment. If such damage is caused by your wilful act and/ or negligence.
20. Damages/ Personal Injury
20.1 Whilst training in The Gym Melbourne you may suffer injuries including broken bones, soft tissue injuries and joint injuries. Any injuries suffered by you may occur as a result of weights striking you, collision with equipment or other members or as a result of you slipping on wet flooring.
20.2 When any near miss or injury occurs a “near miss or injury form” must be completed from the person that was injured, a member of staff and a possible witness. These are located at reception.
21.1 You acknowledge that you will use your best endeavours to exercise safely and that you will not take valuables into The Gym Apollo Bay. We will comply with the statutory conditions by ensuring that the services supplied to you are rendered with due care and skill; and as fit for the purpose for which that are commonly bought as it is reasonable to expect in the circumstances; and reasonably fit for any particular purpose or might reasonably be expected to achieve any result you have made known to us. The exclusion of liability below applies to death and personal injury but does not operate to excuse any breach by us of the statutory conditions that result in loss or damage to your personal property.
22. Limitation of Liability, Release and Indemnity.
22.1To the extent permitted by law, The Gym Melbourne shall not be liable or responsible to a Member for any direct, indirect or consequential injury, loss or damage to the Member or the property of the Member whatever and however arising.
22.2 Members recognise that they exercise at The Gym Melbourne entirely at their own risk and to the maximum extent permitted by the law will not hold The Gym Melbourne or any of its management or trainers liable for any loss, damage or injury caused.
* I assume full responsibility for any injuries or damages which may occur to me;
* I assume full responsibility for any loss of or damage to my personal property;
* I agree to use the equipment in the Facility without any supervision or instruction at my own risk.
This waiver shall include any and all claims, demands, damages, causes of action, present or future, whether known or unknown, resulting from my use of the Facility or its equipment.
23.1 Management reserves the right to amend terms & conditions, hours of operation and services available in accordance with the changing requirements of the Club.
23.2 The Gym Melbourne may make /amend rules for the Club at any time. All members must comply with any rules that are put in place for the Club. Any updated rules changes will be displayed on our website.
Please take the time to read the Terms and Conditions carefully to ensure you understand all relevant details. We have seven (7) days after the formation of the Contract to rectify any error or miscalculation provided in the Membership Application.