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Terms and Conditions

Your membership is governed by these General Conditions of Gym Membership (‘the Conditions’).

Signing the Conditions does not automatically entitle you to membership and your offer is subject to Geelong Sports Medicine Centre Fitness Lab Pty Ltd, trading as Fitness Lab accepting your offer.

Definitions

• ‘Operator’ means Geelong Sports Medicine Centre Fitness Lab Pty Ltd or its successors or any person acting on behalf of and with the authority of Geelong Sports Medicine Centre Fitness Lab Pty Ltd.
• ‘Member’ means any users of Fitness Lab, being anyone holding a valid membership or are those in the process of terminating their memberships or have their memberships terminated already. A Member may be an entity, person or persons. This also includes any persons that could be reasonably considered to be Members.
• ‘Club’ means the premises of Fitness Lab from which the gym operates.
• ‘Services’ means all services supplied by the Operator to the Member under the Conditions.
• ‘Fee’ means the money payable for the services as agreed between the Operator and Member in accordance with the Conditions.

Membership

• A membership permits you to use Fitness Lab’s premises, facilities, equipment and services as determined by your Membership Type(s), as defined by General Condition 4.
• A membership is non-transferable unless approved by the Operator.
• The Member must inform the Operator in writing of any changes to their details that may be relevant to the membership, including change of address, telephone number and the like.
• A membership will continue for the duration agreed upon by the membership form, unless extended or terminated pursuant to the Conditions.

Membership Types

• Weekly Membership: Entitles the Member to Gym access, trial Yoga class and trial Pilates class
• Class Pack: Entitles the Member to all classes with unlimited sessions, exclusive of Yoga and Pilates

Discounts

Discounts are offered time to time and may affect price and inclusions based on conditions of the discount promotion.

Payments

• Memberships are to be paid on a weekly basis
• The Member agrees to pay all Fees as set out in the membership signup form.
• Fitness Lab reserved the right to change prices at any time with reasonable written notice

Debt Recovery Costs

If the Member fails to pay for their Membership or if the Member becomes insolvent, the Operator may (at its discretion and without limitation):

• Charge the Member interest at the rate fixed from time to time under section 2 of the Penalty Interest Rates Act 1983 plus 2 per centum per annum, on any unpaid money (or the balance owing from time to time) calculated from the due date for payment to and including the day on which the unpaid money is paid in full;
• Cancel any membership the Member; and/or
• Require cash pre-payment for further months of any membership.

The Member will be liable to the Operator for all additional costs and expenses incurred in recovery of any debts owed to the Operator on a full indemnity basis.

Minimum Age

All Members must be a minimum of 14 years of age. All Minors must have a parent or guardian co-sign their membership form.

Minors aged under 16 years of age must comply with the following restrictions:
• a pre-exercise questionnaire must be completed by the parent or guardian prior to the commencement of exercise;
• the Minor may not do unsupervised resistance training or take part in group classes that use weights (including circuits and boxing type exercises).
Minors aged 16 – 17 years of age must comply with the following restrictions:
• a pre-exercise questionnaire must be co-signed by the parent or guardian prior to the commencement of exercise;
• a suitably qualified personal trainer is to undertake a pre-exercise assessment and then provide an exercise program for the Minor prior to the commencement of any resistance training.

Access by Non-Members

Fitness Lab accepts non-member entry to the club on payment of a casual visit pass. If a non-member enters the club, the non-member acknowledges that:

• They accept responsibility and liability on their personal behalf for any injury, loss or damage attributed to the non-member where it was not caused by the negligence of the Operator.
• Upon entering the premises, the Non-Member automatically accepts and must comply with the Conditions.

In order for the Non-Member to take advantage of the new membership, they will need to fill out a Fitness Lab membership signup form.

Orientation

• Every Member must satisfactorily complete the orientation course before they are allowed access.
• The orientation focuses on the safe and correct use of the equipment provided at the Club.
• The Operator may suspend a membership in the event of unsatisfactory completion of the Club orientation prior to the commencement of exercise. If the Member fails to satisfactorily complete the orientation after a notice to do so, they may have their membership terminated after 14 days from receiving the notice.

Physical Condition

• It is the Member’s responsibility not to use any equipment that may adversely affect any medical condition.
• The Member must show to the Operators to the best of their knowledge that the Member does 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 the Member’s as a result of, use of the Club or its facilities.
• If the Member has any health or medical concerns now or after they join as a member of the Club, the Member must discuss them with a doctor or health professional before using the equipment or the Club.
• The Member acknowledges that the Operator did not give any medical advice before using the equipment, and cannot give any medical advice after using the equipment.
• If there are any medical conditions (or otherwise) that can adversely affect the Member, then no aggravating activities can be performed on the property of the Operator. This includes the outside pavement surrounding any Club building.

Fitness Lab Pre-Workout Questionnaire

• A Member will not be permitted to use the Club until completing the Fitness Lab Pre-Workout Questionnaire.
• The Operator reserves the right to restrict, suspend or terminate a membership if the Operator is of the reasonable opinion that the Member is unfit to utilise the Club. If a membership is restricted or suspended for this reason, a membership will not be reinstated until the Member provides the Operator with a medical certificate confirming that the Member is fit to train.

Video and Audio Surveillance

• For security purposes, the Operator uses video and audio surveillance equipment to monitor the Club on a 24-hour basis.
• By signing this form the Member acknowledges that by accessing Fitness Lab premises the Member will be subject to video and audio surveillance and recording.
• Video and audio surveillance is limited to the floor area only, and is not within the walls of the bathrooms or assessment rooms.

The Operator’s Liability from Equipment

• The Member understands and acknowledges that the Operator purchases or leases the equipment from a third party and therefore does not manufacture any of the fitness or other equipment used in the Club.
• The Member understands and acknowledges that the Operator is providing recreational services and may not be held liable for damages caused by defective products or equipment.

Property Within the Operator’s Premises

• The Operator is not liable for the Member’s 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 a locker.
• If a Member causes damage to the Club or any equipment the Member is liable to the Operator for its cost of repair or replacement.
• If a Non-Member causes damage to any equipment, the Member that invited them is then liable to pay the cost of repair or replacement.

Member Termination of Membership

Should the Member wish to terminate a membership prior to the conclusion of the Membership Period, the Member must provide the Operator with minimum 24 hours written notice of termination, either by filling out the cancellation form in person or filling out the cancellation form via email unless the Member suffers from a permanent sickness or physical incapacity.

If termination is for reason of permanent sickness or physical incapacity and this prevents the Member from using the Club:

• the request must be accompanied by a medical certificate evidencing such permanent sickness or physical incapacity; and
• if the Operator assesses that the Member is genuinely prevented from using the Club due to such permanent sickness or physical incapacity, it may immediately terminate the membership and refund any unused Membership Fees at the Operator’s discretion.

Should the Membership be on a term agreement, the complete term must be paid out prior to cancellation.

Upon termination of a membership by the Member’s election, the Member may continue to use the Club for any period that the Member has paid in advance. The Member will cease to have access to the Club once that period expires.

Termination or Suspension by the Operator

The Operator may restrict a membership at any time on the following basis:

• concern for the health and/or safety of the Member; or
• non-compliance, improper or harmful conduct engaged in by the member.

The Operator may terminate a membership at any time on the following basis:

• The Operator reasonably suspects that a Member is engaging in illegal activity in the Club including the taking of illegal or performance enhancing drugs;
• The Operator reasonably suspects that the Member is engaging in any activity that may cause damage to the club.

The Operator may terminate a membership at any time if a combination or repeated instances or serious breach of the following occurs:

• Member fails to make any payments of Membership Fees;
• The Member fails to follow any of the Policies or Club Rules, or violate any part of these Conditions; or
• The Member’s conduct is improper or harmful to the best interest of Fitness Lab members.

In the event that the Operator terminates a membership, termination will be effective on the date that the Operator sends Written Notice. The Member is liable for all Fees until that date.

Upon termination of a membership by the Operator, the Member will cease to have access to the Club, and the Operator has the discretion to deny access to any “Fitness Lab” branded club. Any money owing to the Operator when a membership ends remains immediately due and payable and the Operator may deduct the amount outstanding from any refund which the Member may be eligible. If there is not enough money to cover the amount owing to the Operator, the Member must pay the balance of the amount owing.

Termination or expiration of these Conditions shall be without prejudice to the rights of each party against the other in respect of anything done or omitted under the Conditions prior to such termination or expiration.

Risk Warning

The Operator warns that whilst the Member is on the Operator’s premises using its Club and recreational services, the Member is at risk of suffering physical harm or personal injury including broken bones, soft tissue injuries, joint injuries, permanent disability or death. These injuries may occur from the Member:

• slipping on wet flooring;
• being struck by weights;
• colliding with equipment, or other Members/Non-Members;
• engaging in strenuous exercise and activities; or
• incorrect use of equipment or Club.

The Member acknowledges that any such injury may result not only from their actions but from the action, omission or negligence of others.

The Member acknowledges and agrees that the listed injuries and potential causes of injuries are not exhaustive, and there are other unknown or anticipated risks that may result in injury, illness or death.

The Member acknowledges that whilst every attempt is made to ensure that the recreational services and facilities provided by the Operator is safe, there are some significant and inherent risk involved, and agree that the Member is participating voluntarily at their own risk and responsibility, thereby exposing themselves to certain risks.

Statement of Commitment

Fitness is committed to protecting your privacy and any personal information we collect. Fitness Lab complies with the Privacy Act 1988 (Cth).

 

WAIVER AND RELEASE OF LIABILITY

In consideration of the risk of injury while participating in (the “Activity”), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge , located at , , , their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.

I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL, INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY.

I agree to indemnify and hold harmless against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If incurs any of these types of expenses, I agree to reimburse .

I acknowledge that and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of .

I acknowledge that this Activity may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event.

 

I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST FOR PERSONAL INJURY OR PROPERTY DAMAGE.

To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of , its agents, and employees.

In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.

In the event that any damage to equipment or facilities occurs as a result of my or my family’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.