Introduction and Membership Agreement

• Your membership is bound by our membership terms. When you submit a membership enrollment that we accept, you enter into an agreement with us and agree to become a member under these terms. It’s crucial that you have thoroughly reviewed and understood the membership terms before signing or submitting your enrollment. If you have any questions, please don’t hesitate to ask us before you finalize your membership enrollment.
• We retain the right to reject any membership enrollment at our sole discretion. In cases where the terms of the contract differ from what you’ve been told at our facility or over the phone, the contract takes precedence unless we have provided written confirmation of any such variations.
• Once your membership enrollment is accepted, your membership will begin on the membership start date.

 

Payment Responsibilities

• You must ensure that your designated account can accept direct debits (please verify this with your financial institution). It’s important to have sufficient cleared funds in your designated account on the drawing date. Please notify us promptly if your designated account is transferred or closed.
• In the event of a returned or dishonored drawing by your financial institution, a fee of $6 will be added to your subsequent payment, as prescribed by our Direct Debit provider. Any transaction fees incurred by us will also be added to your membership account.

 

Membership Cancellation

• Upfront memberships are non-refundable after the 7-day cooling-off period. However, upfront memberships can be transferred upon written request.
• Members with a Direct Debit membership may cancel their membership once the minimum term of their chosen membership type has been completed.

 

Cancellation Process

• All cancellation requests must be submitted in writing with at least one (1) fortnightly deduction period notice. Upon approval of the cancellation request, one (1) further fortnightly deduction will occur, and you will remain a member of City Gym for the duration of those fortnightly periods.
• Payout Contract: If you wish to cancel your membership for any reason other than outlined above and you are within your minimum term, you must pay out your contract.

 

Membership Suspension

• Members may suspend their membership for medical reasons with a written medical statement attached to a doctor’s certificate, or for personal reasons, subject to approval from management.

 

Time Hold

• Direct debit members can place their membership on hold for a maximum of 60 days each year, provided that a written request is received before the leave period.
• Time hold requests will not be backdated.
• Members with a Direct Debit membership will be charged a time hold fee of $5 per week, while members with a 6-month and 12-month membership will be charged a flat rate of $15.

 

General Rules

• Participants must inform staff of any serious pre-existing injuries or medical conditions before exercising. Smoking, alcohol consumption, and the use of illegal drugs are not permitted in the facility. Please secure your valuables in the lockers provided, as management is not responsible for lost or stolen items.
• Bikes are not allowed within the facility; bike racks are available at the front entrance. Children under the age of 18, not participating in an approved activity, must be supervised by a responsible adult or guardian.
• Pets or animals, other than guide/companion dogs, are not allowed in the center. Use of cameras and mobile phones is not permitted in changing rooms without authorization from management. Some facilities or services may be unavailable due to prior bookings, mechanical breakdowns, fires, natural disasters, or other reasons, and the center is not responsible for such occurrences.

 

General Gym Rules

• Children aged 16 & 17 must have parental permission and follow a program designed by a qualified fitness professional. Children aged 14 or 15 must be accompanied and supervised by a responsible adult or guardian and can only participate in programs created by a qualified fitness professional.
• Patrons using the fitness center must use a towel for hygiene and comfort; towels can be rented from reception. Appropriate clothing and footwear must be worn at all times; thongs and bare feet are not permitted unless approved by management. Weights and equipment must be returned after use.
• City Gym reserves the right to cancel or amend services, including hours of operation, classes, or programs, as needed.

 

Health and Injuries

• You must disclose any medical conditions or health issues that may be worsened by physical exercise, and you must obtain clearance from a registered medical practitioner to participate in physical exercise for any existing or future conditions. You acknowledge and agree to the potential health and safety risks associated with physical activity and that you participate at your own risk.
• You must not attend the gym or use any benefits if you are suffering from an illness, disease, injury, or any condition that could jeopardize the health or safety of others. Our employees and contractors are not medically trained and cannot provide medical advice regarding your fitness or health.
• We reserve the right to refuse entry or terminate your membership if you do not meet the medical or physical conditions required for safe participation in our activities. You are responsible for notifying our employees or contractors of any injuries sustained in the gym or changes in your health that may impact your ability to continue your exercise program or use the associated benefits.
• You consent to receiving medical treatment in the event of an injury, accident, or illness while at the gym or participating in our activities.

 

Limitation of Liability

• We guarantee that the services we provide are delivered with due care and skill, fit for the purpose you’ve indicated, and supplied within a reasonable time, as required by the Australian Consumer Law (ACL). By entering into this contract, you agree to exclude or modify our liability for death or injury resulting from our failure to comply with ACL guarantees, except in cases of our “reckless conduct.”
• Nothing in these membership terms excludes, restricts, or modifies any terms, conditions, warranties, guarantees, rights, or remedies that cannot be lawfully excluded. All implied terms, conditions, warranties, guarantees, rights, or remedies that can be lawfully excluded are excluded unless expressly included in these terms. We are not liable for death or injury caused by our negligence or breach of implied terms that the benefits will be provided with reasonable care and skill, except in cases of reckless conduct.
• Subject to any breach by us of these membership terms or our legal obligations, you acknowledge and agree that we, our directors, agents, contractors, staff, or shareholders are not liable for any loss, damage, or personal injury suffered by you, directly or indirectly, as a result of any act or omission by us, our directors, agents, contractors, staff, or shareholders.
• You assume sole responsibility for your personal equipment and belongings and promise not to bring valuables into the gym unnecessarily. We will not be held liable for any loss, damage, or theft of property belonging to you or brought into the gym by you or a guest, unless such event is due to the negligence of City Gym.
• You agree to pay us for any loss and damage to the gym or any of our property caused by you or your guest through a willful, wrongful, or negligent act or as a result of your or their breach of these membership terms.

 

Personal Training

• Personal training is available as an additional service.
• The use of external personal trainers within City Gym may result in the cancellation of membership.
• Any person supervising or offering advice, consistent with that of a personal trainer, may be deemed a personal trainer for the purpose of this agreement, even if no payment is involved.

 

Compliance

• All members must abide by the center’s conditions of entry and follow any reasonable direction given by staff.

 

Direct Debit & Payment Terms

Initial Terms of Arrangement

• You authorize Debitsuccess Pty Limited to make periodic debits on behalf of the “Business” as indicated on the DDR Authorization Form, which may include additional fees if specified by the Business.

 

Relationship

• Debitsuccess acts as an agent of the Business, providing no goods or services, with no liability related to the Business’s offerings or terms and conditions.

 

Drawing Arrangements

• The first drawing under this Direct Debit arrangement will occur on a nominated day, as specified in the agreement. If a drawing falls due on a non-business day, it will be debited to your account on the next business day. You will receive at least 14 days’ notice in writing when changes to the initial terms of the arrangement are made. To discuss changes to the initial terms, contact us via phone or email.

 

Your Rights

• A seven-day cooling-off period applies to new memberships. To cancel, provide written or email notice within 7 days of signing the contract, and membership fees will be refunded less the pro-rata used.

 

Changes to the Arrangement

• If you want to make changes to the drawing arrangements, contact us by email or in writing, specifying the changes you need.

 

Inquiries

• Direct all inquiries to us, at least 14 working days before the next scheduled drawing date. In the case of canceling the DDR, one fortnightly payment at the full membership rate is necessary following written communication.

 

Disputes

• If you believe a drawing has been initiated incorrectly, contact us. If unsatisfied with our response, contact your financial institution for resolution, following their specific timelines. Please note that City Gym may have the right to expire contracts after the contract term is completed.