Terms & Conditions
Membership Terms & Conditions
PARTIES TO CONTRACT
The operator means the organisation MY Gym (TAS) PTY LTD (ABN 50 146 858 746) providing the service for which the person or party signing the membership agreement ('the Customer") is paying. The Customer means the person or party signing the Agreement.
MEMBERSHIPS
Memberships are subject to the Club Rules and Regulations.
Management reserves the right to reject an application for membership to the Club.
Memberships are non-refundable, non-assignable and non-transferrable except in agreement with management.
Access to the Club is only permitted on the presentation of the Customer membership card. The access card remains the property of the Operator. Customers are permitted to use the Club and its facilities during the operating hours of the Club. Club operating hours, and the operating times specific to some services offered by the Club, may change from time to time.
A student member is defined as a secondary school student aged between 15 and 17 years of age and only upon presentation of a student card. A senior member is defined as a person who is eligible for a pensioner concession card.
When a contract is commenced with the member being a junior, it is noted and understood that once the member turns 18, the membership fee will automatically become that of an adult membership fee. The fortnightly fee that is current when change from Junior to Adult occurs will be the amount charged. The fee increase will also relate to your original contract details, whether it be 4 week minimum term or 52 week minimum tern.
When a member commences contract as an Adult member and then becomes a senior (A member eligible for Pensioner Concession) the fortnightly direct debit amount will then become that of a senior member upon presentation of a Pensioner card. The fortnightly fee that is current at the time of changing from Adult to Senior will apply. The fee decease will relate to your original contract details, whether it be 4 weeks minimum term or 52 weeks minimum term.
TERMINATION OF CONTRACT BY THE OPERATOR
The Operator may terminate entitlement to use the services provided by the Operator for any Customer if the Customer fails to comply with the Operators Rules and Regulations: or if the Customer, in the opinion of the Operator, behaves in a disorderly or offensive manner, whether verbal or physical, towards staff or other customers; or if the Customer fails to make payment of any amount due on the due date.
REFUNDS
Refunds, other that the rectification of an error made by the Operator, will only be given at the discretion of the Operator.
LATE PAYMENT FEE
A late payment fee of $5 is payable by the Customer of each personal contact made with regard to any overdue payment, whether by letter or by telephone. In addition, the Customer is liable for all bank fees incurred by the Operator in the collection of any overdue payments or rejections.
LIMITATION OF LIABILITY
The Operator and the Operators employees and agents shall not be liable or responsible for:
Any loss damage of theft of any property (belonging to, or brought into the Club premises by the Customer, or any of the Customers) on the Club premises.
Any death, personal injury or illness occurring upon the Club premises or as a result of the use of the facilities and/or equipment provided by the Club.
PHYSICAL CONDITION OF MEMBER
The Customer acknowledges and understands that their participation in activities associated with their membership may involve a significant degree of physical exertion or physical risk which may cause them death or personal injury. The Customer warrants and represents that he/she is in good physical condition and that he/she knows of no medical or other reason why he or she is not capable of engaging in active or passive exercise and that such exercise would not be detrimental to his/her health, safety, comfort or physical condition of other members. The Customer shall not use the Club facilities whilst suffering from any infectious or contagious illness, disease, condition or ailment, which may be detrimental to the health, safety comfort or physical condition of other members.
DEFAULT PAYMENT
The Customer acknowledges that in the event of more than three missed or overdue payments within the minimum term of the full outstanding balance - including late payments fees, bank and legal fees - for the remainder of the minimum term shall, at the sole discretion of the Operator be immediately due in full, and the Operator shall be entitled to terminate the contract forthwith without notice to the Customer. The Customer authorises payment of the full outstanding balance (including last payment fees) under this clause by Direct Debit from the Customer's bank account or by charge to the Customer's credit card.
ENTITLEMENT
The Customer acknowledges that provision of the services provided by the Operator may change from time to time and the purposes of this Contract membership is based on entitlement to use and not actual use. The Operator may terminate entitlement to use the services provided by the Operator for nay Customer if the Customer fails to comply with the Operators Rules and Regulations: or fails to make payment of any amount due on the due date.
PROVISION OF SERVICE
Change of location of the Club within 12 kilometers, or change of name of the Club, or change of name of the Operator, or change of ownership of the Operator, or change of ownership of the Club, does not absolve the customer, in any way at all from honouring the terms of this Contract.
INCREASE IN FEES
The Operator may, at any time other than prior to the end of any minimum term, upon sending written notice to the Customer's last known address, increase the instalment amount, such increase to take effect one month from the date of such notice.
TRANSFERS
At the sole discretion of the Operator and only pre-paid contractors will be considered, the Customer may be able to transfer this Contract to another person upon:
Payment of a fee of $50
Providing written acknowledgement by the transferee that all of the terms and condition of this Contract shall continue to apply.
SUSPENSIONS
This Contract may be suspended at any time during each twelve months of the membership for a minimum period of 2 weeks up to a maximum of 12 weeks. In order to suspend the contract, the Customer must provide the Club Manager with a completed Suspension Request (available at the Club) at least 14 days prior to the date of the first proposed suspended payment.
CHILDREN
Children under the age of 15 are NOT permitted to use the Clubs’ facilities, unless they are attending a specific class being held specifically for children.
CLUB RULES AND REGULATIONS
Sweat towels must be carried at all times and all equipment must be wiped down after use.
Smoking, alcohol, possession of weapons or dangerous substances and illegal drug use and solicitations and any other behaviour, which is disorderly or offensive in the opinion of the Operator, are strictly prohibited in the Club and will result in the termination of the Contract.
Any Customer who, wilfully or neglectfully, causes damage to equipment, or any other property of the Operator, will be liable for damages. Customers will also be responsible for damage caused by their children and /or their guests.
The Customer must purchase a Casual Visit Pass for each guest. The guest must complete a casual participant registration to entry and must abide by all the Rules and Regulations.
Customers are solely responsible for their decision to undertake any form of exercise, and the intensity thereof. The Operator accepts no responsibility for any injury or loss suffered as a consequence.
The Rules and Regulations as contained herein are subject to change from time to time at the sole discretion of the Operator. Customers, guests and occupants of the club should always familiarise themselves with the current Rules and Regulations.
Customers must notify the Operator of any change of address or contact numbers.
Customers must dress suitable and wear fully covered shoes at all times.
Lockers are provided and any use is at the Customers risk. The Operator will not be held responsible or liable for loss or damage to personal property left or stored in lockers or on the premises.
Customers must not join a class more than 5 minutes after its commencement (to ensure a proper warm-up). Customers must adhere to booking systems for those classes which require booking. The Operator reserves the right to add, cancel or alter any group fitness class type, and or timetable without notice.
Parking within the Club car park is at the Customer's own risk. The Operator will not be held responsible for the loss or damage to any vehicle or personal belonging therein. Customers must adhere to parking time limits where specified.
NON-WAIVER OF RIGHTS
The failure of the Operator to enforce any of its respective rights, at any time for a period, shall not be construed as a waiver of such rights.
ENTIRE AGREEMENT
The Membership Agreement together with the Membership Terms and Conditions Schedule, the Privacy Statement and the Direct Debit Service Agreement constitutes the entire agreement, understanding and arrangement (express or implied) between the Customer and the Operator relating to the subject matter of this Contract and supersedes and cancels any previous Agreement, understanding an arrangement relating thereto whether written or oral.