Terms and Conditions
1. MEMBERSHIP TERMS - PAID IN FULL AGREEMENT (updated May 2019)
Paid in Full Memberships, once paid are NON REFUNDABLE Please take sufficient time to review this Membership Agreement. By signing this Agreement, you acknowledge that you understand that you have entered into a legally binding relationship between yourself and Fitness Forum Health Club. All rights and obligations are in force from the date of signing.
1.2 This Agreement is made between the "Member", whose name appears in the Membership Details page of this Agreement, and FelTe Pty Ltd T/A Fitness Forum Health Club ABN 36 185 204 127 [“Fitness Forum”]
These Terms and Conditions of this Agreement may be amended with the written consent of Fitness Forum and the Member. Fitness Forum reserves the right to make changes to the Terms and Conditions of Memberships as are deemed necessary. Every effort will be made to ensure that Members are advised of such changes.
1.4 This Membership Agreement is issued without any handwritten amendments or additions. Any handwritten amendments, representations or additions to this Agreement do not form part of the Agreement, and will not be recognised by Fitness Forum. In the event that the Member requires such amendment or addition, a separate Agreement will be created to reflect such amendments or additions, and submitted to Fitness Forum Club Manager for approval. In the event that there is any discrepancy between this Agreement and information that has been relayed to you by a member of staff, this Agreement is to be taken as the correct presentation.
1.5 MINIMUM AGE
Member shall have the legal capacity to enter in to this Agreement (i.e. be greater than 18 years of age). If the Member is of limited legal capacity (i.e. under 18 years of age), he/she represents that he/she has obtained the consent of his/her statutory representative prior to entering in to this Agreement, and that the signature of the Parent/Guardian contained herein, is that of the Member’s Parent / Guardian.
1.6 CHANGE OF DETAILS
It is the responsibility of the Member to notify the club of any changes to any personal details as soon as they occur.
1.7 TERM OF AGREEMENT
By signing this Membership Agreement, you acknowledge that you understand that your Membership commences on the Membership Start Date as shown on page one of this Agreement
1.8. COOLING OFF PERIOD
1.9 There is a seven (7) day cooling off period for Paid in Full Memberships. With the exception of the $1.00 14 Day Trial Membership, this membership has no cooling off period and is non refundable.
1.10 During this 7 day cooling off period the Member may request a refund of payment made of this Agreement in writing during the cooling off period. This will be subject to a deduction of the Joining fee and fees for the services utilised.
2. PAYMENT OF FEES
2.1 You have chosen to pay for your membership paid in advance, in full.
2.2 No part payments for membership will be accepted unless approved by Management.
2.3 TRANSFERRING MEMBERSHIPS
Upon written application and approval from management, Up-Front Memberships may be transferred to another person for a fee of $27.50. This will be based on that the Approval may be withheld at management’s absolute discretion. Transfer between people may only occur once per membership.
3. TIME HOLD
Only memberships that have time-hold privileges may be put on-hold. Time-hold request cannot be backdated.
3.1 A minimum time-hold of fourteen (14) days applies for any request. A maximum time-hold of four (4) weeks (6 month Paid in Full membership) and eight (8) weeks (12 month Paid in Full membership) is available on these memberships only. Time-hold is not available on any other paid in full memberships.
3.2 In exceptional circumstances, an application in writing to Management is required, and approval or disapproval for time-hold will be based on management’s absolute discretion. In cases of physical incapacity, a doctor’s certificate will be required.
3.3 In cases of pregnancy, extended Time-Hold may be issued upon presentation of a doctor's certificate stating time period when exercise is not recommended and the expected date of birth. Time hold may be offered up to six (6) weeks past the expected date of birth.
3.4 The member, prior to the period of absence must complete a time-hold request form otherwise the time-hold will not be processed. There is a time-hold fee of $5.00 for each time-hold request and is payable at the time of application.
3.5 Time hold due to fear of contracting a virus while attending Fitness Forum Health Club will be refused, until such time that NSW Health approaches Fitness Forum Directly to advise that we are to cease trade for a particular period of time. If you have travelled overseas recently and have been advised to self isolate for 14 days then we will, at your request further extend your time hold at no charge for 14 days. If you have been told to self isolate by your doctor then we will provide a 14 Day time hold at no expense once we receive a copy of this advice from your doctor. This can be scanned and emailed to us, under these exceptional circumstances.
3.6 During a time of forced closure by the Government, members will be given to option to suspend their membership or continue their membership, with access to a private Facebook Group. Direct Debits will be stopped for a minimum of 1 week after a forced closure to ensure that members have enough time to opt out using an online membership suspension form. We will make every effort during this hold week to contact and inform all our members of the option to opt out. This will be done by either email, SMS, Facebook, Instagram and our website, if not all of these. If we receive no response after this period, we will assume that the member wishes to continue their membership.
3.7 MEMBERSHIP CARDS
3.8 Membership cards are NON TRANSFERABLE between people and must only be used by the person who it is issued to, and must be swiped on every visit. Failure to abide by this condition may lead to management withholding/terminating membership for patrons found to in breach of this condition. Replacement card - $11.00.
4. CLUB ACCESS
4.1 This agreement entitles the Member to the use of resources and equipment at Fitness Forum in accordance with the elements herein.
Failure to use resources and equipment at Fitness Forum does not excuse the Member from the obligations contained within this agreement.
4.2 The nature of Membership under this Agreement is exclusive. The rights of Membership shall be enjoyed only by the Member.
4.3 Member agrees to have his/her photograph taken for use in member identification and Member must show his/her valid Fitness Forum Membership card before entry.
4.4 Membership card remains the property of Fitness Forum and must be returned upon request. It is provided for the sole use of the Member and must not be lent to another person. In the event of a lost or stolen Membership card, Member should contact Fitness Forum regarding the reissue of a replacement card. A fee of $11 will be charged to cover the cost of the replacement card.
4.5. UP GRADE OF MEMBERSHIP
There is an administration fee of $10 for all upgrade and downgrade applications. Members wishing to upgrade from Off peak membership to Full Access must pay the additional difference for their last month’s membership.
5. CLUB RULES
5.1 By signing this agreement you agree to abide by the rules set by Fitness Forum Health Club in relation to the use of its facilities and to conduct myself appropriately and follow the reasonable directions of Fitness Forum Health Club and its staff whilst I am on or about the premises. I acknowledge that if I fail to comply with any such rules or directions and otherwise engage in behavior which is offensive or disruptive to Fitness Forum Health Club or other members, that I may be asked to leave the premises, forcibly removed if necessary and/or have my membership cancelled. In such case no refund of membership will be paid.
5.2 Members are requested to adhere to the Gym Rules and Code. The code covers aspects of safety, hygiene and etiquette in the facility and notices on policy are displayed within the centre. Instructors are there to help you train safely and effectively. Please observe any instructions given regarding safe exercise technique and safe practice so neither yourself or others around you are put at risk. Children without clearance are not allowed on the fitness gym floor at any time.
5.3 In order to enable enjoyment of your Club by all parties, Member agrees to comply with the following rules:
5.4 Equipment is to be used and shared considerately.
5.5 In busy periods please the use of cardio equipment will be limited to 20 minutes if others are waiting to use this.
5.6 Smoking, alcohol, drugs are not permitted in the Club.
5.7 Workout attire must be clean and tidy. No jeans, offensive or torn items are permitted.
5.8 Towels must be used at all times and Member must wipe down equipment after use.
5.9 Sports shoes must be worn in the gym.
5.10 Footwear must be worn in all areas of the Club.
5.11 Member must be aware of their personal hygiene so it is appreciated if Member wears deodorant if necessary.
5.12 No promotion, or solicitation of business is allowed in the Club without prior permission of Fitness Forum management.
5.13 Foul language, yelling, fighting, aggressive or discourteous behaviour will not be tolerated.
5.14 Member will book for classes, fitness appointments or crèche that require bookings and show consideration to other members by cancelling in advance any bookings that Members is unable to attend. In some cases a for non cancellations a fee may apply.
5.15 Member agrees to pay for any of the Club’s equipment or facilities damaged either deliberately or negligently by Member.
5.16 For the safety and consideration of other Members, Fitness Forum reserves the right to terminate the Membership of any Member found in breach of the Terms and Conditions contained herein. No refund in respect of any prepaid fees will be made.
6. BREACH OF CONDITIONS
Club management has the right to apply sanctions on any member found to be in breach of membership conditions. Such sanctions may include:
6.1 Warning or counselling of the member.
6.2 Suspending membership privileges for a defined period of time.
6.3 Cancelling the membership without refund.
6.4 Refusal of entry to Fitness Forum Health Club
Members that have incurred a suspension of membership privileges (as per 6.2) will not be entitled to a from their nominated account for the corresponding period of suspension – that is; no financial compensation is offered for the period your membership privileges have been suspended.
7. FEEDBACK AND COMPLAINTS
7.1 All Feedback and Complaints must be made in person and in writing by completing the forms at Reception.
7.2 Fitness Forum will respond to all Feedback and Complaints within 48 hours of receiving forms.
Fitness Forum Health Club collects and uses personal information about you primarily to supply the products and services you utilise at the Clubs.
Fitness Forum Health Club also collects and uses personal information for related purposes including:
• billing and account management;
• business planning and product development; and to provide you with information about promotions, as well as other products and services offered at Fitness Forum Health Club.
8.1 If you do not provide all the personal information Fitness Forum Health Club request from you, Fitness Forum Health Club may be unable to supply the products or services you have requested. By providing your personal information to us you acknowledge that, and consent to us collecting and using your personal information to contact you for market research and to provide you information and offers about products and services offered by Fitness Forum.
8.2 Fitness Forum values the personal information you provide and will also take all possible precautions to prevent unauthorised access to that information.
Only written feedback and/or complaints will be processed by Fitness Forum.
• not give your personal information to any other organisation for their marketing purposes, with your assistance keep your personal information accurate, complete and up to date.
9. FITNESS FORUM CODE OF CONDUCT
Warm up adequately prior to training and cool down adequately afterwards. Immediately stop training and inform an instructor if you feel dizzy or unwell, if you feel any sudden, sharp pain or if you experience chest pain, light-headedness, abdominal discomfort, unusual fatigue or shortness of breath or palpitations.
9.1 Do not eat a large meal or drink alcohol less than two hours before starting to exercise but do not exercise on an empty stomach. Maintain adequate blood sugar levels. Avoid dehydration by drinking water / fluids frequently. Use plastic drinks bottles with secure tops to guard against spillage over electrical equipment or over the floor.
9.2 Do not chew gum while training.
9.3 Do not use any equipment that you do not know how to use properly. Do not misuse the equipment. If you are unsure of any exercise, if you have never used free weights before, ask an instructor. It is essential that you know the correct technique as this enables you to train safely and effectively. Inductions can be booked at reception. Check the equipment before you use it. If there is a problem, please report it to Fitness Forum staff. If weights, pulleys or other moving parts become jammed, please inform a Fitness Forum instructor. Do not attempt to free them yourself as weights or parts may fall unexpectedly.
9.4 All equipment e.g. benches, bars must be returned to the exercise station from which they originally came or should be stacked tidily away as appropriate. Barbells, dumbbells and discs must be replaced in their correct places on the racks and disc posts. Do not rest equipment against the mirrors. Please wipe any sweat from benches, seats, handrails, consoles, mats etc. with the towels.
9.5 Please do not leave used paper towels, empty drinks containers, chewing gum etc lying around or on equipment and do dispose of it in the rubbish bins provided. Do not obstruct access to dumbbell racks, passageways, doorways, or fire exits. Avoid resting on weight machines between sets and do allow other users access to work in with you. “Right of way" belongs to the person who is performing the exercise. Do not distract anyone who is in the middle of an exercise and please give the performer a wide berth.
9.6 Do not lean on the mirrors. Keep your head, hair, limbs and clothing clear of the moving parts of a machine. Make sure you position yourself correctly on the machine, that any selector pins are fully inserted and that the correct pin is used. Ensure any foot straps are secure. Smith Machine: Read the instructions on latching and unlatching the bar
9.7 Collars must be used on the free barbells. Make sure that these are fastened securely on the bar. Use safe lifting technique when handling weights and never select weights that you (and your spotters) may be unable to control. Concentrate on correct technique. Maintain good form throughout all your repetitions. Lower weights in a controlled manner and do not let them crash onto the stack or onto the safety stops or onto the floor.
10. DISCLAIMER OF LIABILITY
10.1 The Member warrants and represents that he/she has consulted with his/her physician prior to beginning any exercise program, and has received approval to undertake same.
10.2 It is the Member’s responsibility to correctly use the Club’s equipment and facilities and premises. The use of facilities at Fitness Forum naturally involves a degree of risk of injury to the Member him/herself, or to other Members or guests, whether caused by the Member or third parties. By signing this Agreement the Member acknowledges that he/she understands and voluntarily accepts the risk.
10.3 The Member agrees that , its officers, directors, and employees will not be liable for any injury including, without limitation, personal, bodily, or mental injury, economic loss, or any damage to the Member, or his/her relatives or guests resulting from the negligence of Fitness Forum or anyone acting on Fitness Forum behalf, or anyone using the facilities.
10.4 The Member agrees to bear all responsibility for all liabilities or damages arising from any injury, including without limitation, bodily or mental injury, economic loss, or damage to another Member caused by the deliberate or negligent action of the Member him/herself. If any claim is made by anyone based on injury, loss or damage described herein, which involves the Member or his/her guest, the Member agrees to fully indemnify Fitness Forum against all claims and liabilities including legal fees resulting from the Member’s actions.
10.5 The Member understands that Fitness Forum does not manufacture fitness or other equipment, but purchases / leases equipment. The Member understands that Fitness Forum is providing recreational services and may not be held liable for defective products.
10.6 Fitness Forum is not responsible for any items lost or stolen on its premises for any reason whatsoever. Items of value should not be stored in day lockers. Member is solely responsible for safekeeping his / her belongings on the premises. In the event where this exemption clause is held unenforceable by the court, the Member agrees that Fitness Forum's maximum liability shall be limited to $200.
10.7 During each workout, the Member will have at his / her disposal, a day locker to store his / her items. Day lockers must be cleared when the Member has finished his / her workout. Day lockers will be cleared each night, and cleared of any items remaining in them. Items will be donated to charity after 30 days, and Fitness Forum will not be responsible for these items after they have been cleared. All lockers must be locked with a key supplied by the Club (these are available to purchase from reception).
11. MODEL RELEASE
11.11 By signing the direct debit authority with FelTe Pty Ltd trading as Fitness Forum Health Club I hereby give to FelTe Pty Ltd Trading as Fitness Forum Health Club and any persons acting with FelTe Pty Ltd's authority and permission:
11.12 the unrestricted right and permission to copyright and use, re-use, publish, and republish photographic portraits or pictures of me or in which I may be included intact or in part, composite or distorted in character or form, without restriction as to changes or transformations in conjunction with my own or a fictitious name, or reproduction hereof in colour or otherwise, made through any and all media now or hereafter known for illustration, art, promotion, advertising, trade, or any other purpose whatsoever.
11.13 I also permit the use of any printed material in connection therewith.
11.14 I hereby relinquish any right that I may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied.
12.15 I hereby release, discharge and agree to save harmless FelTe Pty Ltd trading as Fitness Forum Health Club and any persons acting with FelTe Pty Ltd’s authority and permission, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy.
12.16 Cancellation of existing memberships for the reason of fear of catching a virus will not be processed, we consistently operate above and beyond any advice in relation to health warnings and virus spread prevention. Unless specifically advised by Health NSW that we must close our business down, then all contracts remain valid as long as Fitness Forum Health Club is still trading.
I hereby affirm that I am over the age of majority and have the right to contract in my own name. If the Member is of limited legal capacity (i.e. under 18 years of age), he/she represents that he/she has obtained the consent of his/her statutory representative prior to entering in to this Agreement . I have read the above authorisation, release and agreement, prior to its execution; I fully understand the contents thereof. This agreement shall be binding upon me and my heirs, legal representatives and assigns.
SUITE 1, 174 GREEN VALLEY RD, GREEN VALLEY NSW 2168
PH: 612 8783 8083