1. How old do you have to be?
You must be at least 14 years old to become a member.
If you are under 16, a parent or guardian must sign your Membership Agreement. You can then:
• use cardiovascular equipment
• take part in group fitness classes that do not use weights
• take part in body weight exercises (no added resistance).
You may not do unsupervised resistance training or take part in group classes that use weights
(including circuits and boxing type exercises).
If you are 16 or 17, a parent or guardian must sign your Membership Agreement.
You may then do unsupervised resistance training once a qualified staff member has:
• assessed your pre-exercise questionnaire
• written and supervised an initial resistance training program for you.
2. When does your Agreement start?
This Agreement starts on the date on which you sign the Membership Agreement.
If we do not enforce our rights under this Agreement at any time, it does not mean we have waived those rights, no matter how long we wait.
3. What if there is a miscalculation in the Agreement?
If there is a miscalculation in this Agreement, we have 5 days after the date on which the Membership Agreement is signed to correct it as per the verbal agreement reached between you and us at the time you signed the Agreement. If you notice a miscalculation in the Agreement, you must contact us in writing as soon as you become aware of the miscalculation following which we will rectify the Agreement to reflect the true cost.
4. Can you change your mind?
You can cancel your agreement during your quality guarantee period. You have 48 hours from the date you sign the Membership Agreement or, in the case of a new Club, from its grand opening date to cancel your Membership. We will then cancel your agreement and refund any payments made to us, less an administration fee of up to $75 or 10% of the Membership value, whichever is the lesser value.
5. What about your health?
On the day you sign the Membership Agreement and each time you use one of our Clubs, you promise us that you know of no medical or other reason why you cannot or should not do active or passive exercise.
Our staff and contractors are not medically trained. They are not qualified to assess if you are in good physical condition and can exercise without risking your health, safety or comfort. If you have any doubts, we strongly urge you to seek expert advice before starting an exercise program.
6. When do you pay membership fees?
You pay fees for ongoing Memberships in advance each fortnight, by direct debit from a bank account, debit card or credit card. You can pay your fortnightly fees as far in advance as you like, up to the legal time limits. However, you still need to give us your account details for when your advance payments end.
You can pay upfront for some memberships. Please visit your Club for a list. For a Pre-Paid Membership, you will pay on the day you get started.
When your paid upfront Membership is due to end, you can choose to renew it before that date at the club’s current ‘renewal rate’, otherwise your Membership fee will be set at the current rate. By renewing your Membership, you agree to the Membership terms that apply at that time.
During the first week of each calendar quarter, you authorize us to debit your account/card a $4.95 maintenance fee for the duration of your Membership with us. This fee is not subject to pro-rata and will be charged regardless of Membership start/end dates provided you are an active member at the time. We may elect not to charge the fee from time to time but this does not waive our right to do so.
7. How do direct debits work?
We will debit your fortnightly club fees from your nominated account or credit card on every second Friday morning, as set out in this Agreement.
Please note that:
• debit dates are preset for all members
• if one falls on a public holiday, we will debit your account on the next business day
• debits might take up to 5 days to come out of your account.
You must make sure:
• your account/card can accept direct debits (your financial institution can confirm this)
• there is enough money in your account/card on the payment day and the next 5 days
• you tell us if you are transferring or closing your account, at least 48 hours before your next direct debit
• you tell us about any changes to your credit card, such as its expiry date or number, at least 48 hours before your next direct debit.
If you query a payment, we will do our best to respond within 7 days.
8. What happens if your payment is late or fails?
If you do not fully pay your fees on the due date, we may suspend your Club access until your payments are up to date and you have given us your account details. We will also charge you a late payment fee of $10.00 for each failed payment. This will be debited from your account, and you authorise us to do this. We will continue to debit your nominated account/card without notice, until we have received the total amount you owe us. We will make a reasonable effort to let you know beforehand by one or more of the following:
• phoning you or speaking to you at your Club
• sending you a text message
• sending you an email
• writing to the address you last gave us.
For Membership/s in your name, you must make sure that the payment method you choose continues for the length of this Agreement. This includes third-party accounts. If the details you give us fail, you are liable for all resulting fees.
9. Can we change your Agreement?
We may sometimes add to, change or remove our terms and conditions. This includes changing a Club’s opening and closing hours, its services and facilities and Membership fees. Sometimes, we may also close Clubs for refurbishment to improve their facilities. We do not reduce your Membership fees because your Club is closed for renovations or for a public holiday.
The most up-to-date terms and conditions always apply. You can find copies at your local Club or may request a copy be sent to you at any time.
We will give you at least 28 days’ notice of any changes, by any of the following methods:
• writing to the address (post or email) you last gave us.
• phoning you
• publishing them in our newsletter or on our website
• placing a notice in the Club
10. Can we increase your fees?
We reserve the right to increase your fees at any time after the Minimum Term of this Agreement has ended. We will make a reasonable effort to tell you about this at least 28 days beforehand by writing to the address you last gave us (which may be an email address). We will consider that you have received our letter or email on the second business day after it is sent. If you do not agree to the fee increase, you may cancel with the standard 30 day notice period. Where we have made a reasonable effort to let you know about a fee increase, at least 28 days have passed since we gave notice of the increase, and you have not exercised you right to cancel this Agreement, you authorise us to increase any debits from your nominated account.
11. Can you freeze your membership payments?
You may put your Membership on hold for 1 or more weeks, up to a maximum of 12 weeks each calendar year. Each on hold period must be in increments of full week periods.
The hold fee for all Memberships is $5 per week, which you can pay in advance or by direct debit.
Please note that if you are within your minimum term, any hold periods are not classified as a payment toward your contract.
For extraordinary circumstances such as bankruptcy and significant medical conditions, we may allow you to place your Membership on hold above and beyond the 12 week limit. This is at the complete discretion of MyFitness Club and will need to be approved by the Club manager.
Before freezing your Membership, you must make sure your fees are up to date and you don’t owe us any money. Note that we cannot backdate any time freeze requests. You must request a freeze when you need it. We also cannot accept pro-rata payments or freeze your direct debits outside an official time freeze.
12. How can you use your access card?
We will give you an access card when you join. We will also attach your photo to your account on our membership database. If you visit the Club without a valid access card or photo identification, we may refuse you entry.
You cannot lend your card or allow anyone else to use it.
If you lose or damage your card, you will be required to purchase a replacement card for $20.
24 hour access fobs can be replaced at a cost of $39.
13. 24 hour access (only applicable if your club is 24 hour)
When you signed this Agreement, you had the option of purchasing a fob which would allow you twenty-four (24) hour access to the Club. If you elected to purchase a twenty-four (24) hour access fob, you are entitled to access the Club at anytime provided that:-
– You have completed a safety orientation as operated by us from time to time. If you did not undertake the safety orientation at the time you signed this Agreement, you must contact us to arrange the safety orientation prior to accessing the Club outside of staffed hours; and
– You do not grant access to the Club to any other person at any time;
If you did not purchase a twenty-four (24) hour access fob and you wish to access the Club at anytime, you can purchase a fob from the Club at the set fee as nominated by us from time to time. If you purchase a fob, use of that fob will be subject to the terms set out above.
If you did not purchase a twenty-four (24) hour access fob on signing of this Agreement and do not wish to purchase a twenty-four (24) hour access fob, then you may only access the Club during staffed hours. These hours will be as nominated by us from time to time and clearly posted at the Club. You must not attempt to enter the Club after the staffed hours. If you do remain in the Club after staffed hours then you do so at your own risk.
In the event that:-
– You have a twenty-four (24) hour access fob and you breach the conditions of that fob by failing to undertake the safety orientation and/or allowing other people access to the Club; or
– You do not have a twenty-four (24) hour access card and you attempt to enter the Club outside of staffed hours,
then we are entitled to charge you a fine of $100.00 and you authorise us to debit this amount from your nominated account when we debit your next Membership payment. If you do not pay your Membership fees by way of direct debit for any reason, then the fine of $100.00 will become due and payable immediately and must be paid before any further access to the Club will be granted.
14. How can you protect your health?
Telling us about your health risks
If you believe any Club activities might risk your health, you must tell us this in writing with full details. You must also tell us if your medical condition changes after you join.
We may choose to refuse you Membership Agreement until:
• your doctor agrees in writing that you are fit to exercise
• you show us proof that you have received medical advice on an appropriate exercise program.
You must not use Club facilities if:
• you have an infection, contagious illness or physical ailment, such as an open cut or sore
• there is any other risk, however small, to other members and guests.
15. How can you give us feedback?
Your feedback is important in helping us to provide a great service. Please contact us via one of the methods listed below.
Our Club staff are always happy to help. Ask at Club reception or call your Club on 1300 172 544. If you’d like to speak your Club manager, let our reception team know. If no managers are immediately available, the reception team will ensure someone contacts you as soon as possible. Comment cards are also available at Club reception, simply drop this into the suggestion box at Club reception and leave the rest to us. We will be in contact with you shortly after that.
Send us a message by completing our enquiry form via our website www.myfitnessclub.com.au. Please make your enquiry selection carefully as this will helps us with efficiency and you will hear from us within 5 business days. We recognise that some enquiries are more complex than others and may require more time to resolve but we will always let you know.
16. How can you cancel your Membership?
You can enquire about cancelling your Membership by:
• phoning us on 1300 172 544
• speaking to the reception team at your nearest Club.
When you do this, please always
• give us your email address so we can confirm your request in writing
• keep a copy of your request
17. How do you cancel after the minimum term?
Once the Minimum Term of your Membership expires, you or we may cancel your Membership. When you cancel, you must pay us any fees you owe or we may take action to recover them.
You must give us 30 days’ notice in writing to cancel and will be required to complete a cancellation application. During this notice period, two (2) full fortnightly debits must be successful before cancellation can be finalised. To ensure your direct debit does not continue past your minimum term, you must give us notice at least 30 days prior to the end of the term.
If we decide to cancel your Membership, we will also give you 30 days’ notice in writing provided your Membership does not warrant immediate cancellation. This is at the discretion of MyFitness Club.
You can not freeze your Membership payments during the notice period.
18. Can you cancel during the minimum term?
If a hold period is not suitable, you may cancel your Membership during the minimum term for the following reasons:
Sickness/Incapacitation – you must show us a medical certificate/letter from a qualified medical practitioner stating that you cannot exercise for the rest of your term. You will be required to give 30 days’ notice and pay an early exit cancellation fee of $75 or 10% of the membership fee, whichever is the lesser.
Bankruptcy – you must show us supporting documents. You will be required to give 30 days’ notice but we will not charge you an early exit cancellation fee due to the circumstances.
Relocation – you must be relocating to an area more than 15 kilometres from any MyFitness Club. You will be required to show us documentary proof (for example: rental lease and utility notice) and will be accepted at the discretion of MyFitness Club. You will need to give 30 days’ notice and we will charge you an early exit fee of $150.
Any applicable early cancellation fees must be paid before the 30 day notice period expires. All cancellation requests during the minimum term must be in writing and you will be required to complete a cancellation application.
You can transfer your Membership to another person (transferee) within the Minimum Term of this Agreement so long as the transferee:
• is not a current member
• completes the new Membership sign-up process and pays a transfer fee equivalent to the standard Club startup fee
• is eligible to take up your Membership (for instance, you can not transfer a corporate or concession membership to someone who would not qualify for that membership)
• has not previously been banned by MyFitness Club or failed to pay Membership fees.
The transfer is effective only after the transferee has completed the sign-up process.
We do not allow transfers once you have completed your minimum term. You also cannot transfer foundation, family or friends memberships.
19. Can you cancel if we change the Agreement?
You can also cancel your Membership if we breach our obligations and we do not fix the breach in a reasonable time after we have received it in writing. We will refund you any Membership fees you pay between the date of notification and the date on which we decide that we cannot fix the breach. In either case, you need to give your Club 30 days’ notice We will not charge an exit fee.
If you pay for a program in advance, we will refund the fee within 60 days of purchase if:
• the program is cancelled
• you can show us medical evidence that the program will cause you physical harm or injury
• the law requires us to refund the fee.
We will refund any other fees that the law requires.
20. What rules apply to our facilities?
You must follow our Code. Some Clubs may have higher risk areas, such as play zones, swimming pools, steam rooms and saunas (where applicable). Please read and follow all signs and handouts that tell you what to do, especially in these areas. If you don’t understand, or are unsure about something, please ask for help.
You are responsible for using our facilities and equipment correctly, including adjusting levels or settings. If you are not sure how to operate any equipment, please ask our staff before you use it. Note that you will be responsible for any damage that you or your guests cause through a willful act or negligence.
As a courtesy to other members, please:
• use a clean towel when you use equipment, including exercise mats
• keep phone calls to an absolute minimum
Note also that you must not use film or take photos in our Club for commercial use without written permission
• Put equipment away after use.
If a Club has any wet areas, such as a swimming pool, sauna, steam room or monsoon shower, you may use them. However, note that these areas are unsupervised and you use them at your own risk. You must follow all signs and never run, dive or jump. Please also supervise children closely.
We provide lockers you can use while exercising but these are not security lockers. Please keep your access card with you and do not bring valuables into the Club.
Unfortunately, thefts may happen. We cannot accept responsibility for any loss or damage to your belongings while you are at the Club, even if someone breaks into your locker.
If you leave belongings in a locker overnight, we may remove them. We give lost property to charity each month, including unclaimed items from lockers.
All members and guests must wear suitable clothes and enclosed sports shoes in any exercise areas, except for wet areas. We do not allow clothes with offensive images or inappropriate advertising.
You park in the Club’s car park or on Club premises at your own risk. We are not liable for any loss or damage to your vehicle or its contents.
21. Personal training and sale of goods
We contract with MyFitness Club Personal Trainers to allow them to provide personal training services within our Clubs. We will ensure that it is easy for you to indentify a MyFitness Club Personal Trainer by their uniform and by other methods such as a notice board in the Club.
MyFitness Club Personal Trainers are the only people authorised to provide personal training services within the Club. You are not permitted to conduct your own personal training sessions within the Club or to take part in a personal training session, be it an individual or group session, within the Club taken by a person who is not a MyFitness Club Personal Trainer.
If you are found to be conducting personal training sessions within the Club, or participating in personal training sessions within the Club taken by a person who is not a MyFitness Club Personal Trainer, we can cancel your Membership immediately without notice and ask you to leave the Club premises. If we cancel your membership because you have participated in an unauthorised personal training session within the Club, all amounts payable by you under this Agreement will become due and payable within fourteen (14) days.
You may not sell or attempt to sell any goods or services to any person within the Club unless expressly authorised by us in writing. If you are found to be selling or attempting to sell any goods or services to any person within the Club without our express prior consent, then we may cancel your Membership immediately without notice and ask you to leave the Club premises. If we terminate your membership due to you selling or attempting to sell goods or services to other people within the Club, all amounts payable by you under the Agreement will become due and payable within fourteen (14) days.
22. Can you bring guests to the Club?
You can bring guests into the Club during staffed hours for the casual entry fee (ask your Club for details).
For security reasons, children can only wait in the Club if accompanied by an adult who is seated with them. For child-minding programs, ask your Club about KidsZone.
Your guests must:
• be at least 14 years old
• be accompanied by you and leave when you do
• sign the guest register and show photo ID
• fill in a pre-exercise questionnaire on their first visit
• follow the terms set out in the guest register and questionnaire, and all other signs and handouts.
23. What happens if you break the Code?
We can refuse entry to anyone, including members, if they act unreasonably or break the Code.
We may also warn you that you risk having your Membership cancelled. If you continue to behave in the same way, we may cancel your Membership immediately.
We can cancel your Membership without warning if you behave in a way that is risky or seriously inappropriate, such as:
• threatening or harassing others
• damaging equipment
• instructing other members when we have not authorised you to do so.
24. What are your responsibilities?
Your responsibilities, including payment of Membership fees, do not depend on how often you use a Club. You must tell us about anything that affects your Membership, and any changes to your contact and bank details.
You promise to:
• make sure that you know how to exercise safely, by asking if necessary
• use your best endeavours to exercise safely
26. Statement of Commitment
We are committed to protecting your privacy and any personal information we collect. This policy explains how we may collect, use, disclose and otherwise handle personal and sensitive information.
27. Collecting personal information
We will not collect or monitor any personal information about you without your consent. The only personal information collected is what you provided to us voluntarily when you became a member or made a Membership enquiry whether in person, online or via telephone.
We collect personal information primarily to enable us to provide you with our services. We may also use the information for marketing to you but we will not provide your personal information to third parties for marketing or any other purpose unless required to by law.
When a membership or product is purchased, personal information will be requested in order to provide the requested service or product, provide updated information, and advise of other products which may be of interest. You are not obligated to provide personal information however failure to do so may result in MyFitness Club being unable to provide services or products to you.
28. Collecting Sensitive Information
29. Use of tracking technologies
We use tracking technologies such as cookies or web beacons to make use of the website and services as convenient as possible. Cookies are pieces of information that a web site transfers to a computer’s hard disk for record keeping purposes. Web Beacon is a technical method that sends information related to the access to websites, when you browse websites, open or preview an HTML-formatted email. Most web browsers are set to accept tracking technologies such as cookies or web beacons. These tracking technologies do not themselves personally identify users, although they do identify a user’s browser. These tracking technologies allow us to monitor our web site, and to record how many people are using the different parts of the site.
It is possible to set the browser to refuse tracking technologies such as cookies or web beacons, however, this may limit the services provided by our web site.
30. Contact by Us
If you no longer wish to receive communications from us, you may remove your name from the database by utilising the unsubscribe function on our emails or notifying us in writing.
31. Your right of access
You have the right to review, amend or delete personal and/or sensitive Information that may be recorded on our database. Information may be reviewed, amended or deleted by providing us with reasonable written notice.
A request may be made to delete personal and/or sensitive information, and all reasonable steps to delete the information will be made, except where it is required for legal reasons. Deletion of information may result in us being unable to sell products directly and/or provide certain services including after sales services.
32. Storage and security of personal and/or sensitive information
We take all reasonable steps to keep secure personal information recorded and to keep this information accurate and up to date. The personal information is stored on secure servers if in digital format, or in locked areas if in hardcopy format: these repositories are protected in controlled facilities. We only permit authorised personnel to access your information. We destroy or de- identify personal information we no longer need, wherever possible.
33. Links to other web sites
We provide links to web sites outside of our web site. These linked sites are not under our control and we are not responsible for the conduct of companies linked to the web site, or for the performance or otherwise of any content and/or software contained in such external websites.
34. Problems, queries or complaints
by us to protect your personal information or privacy, please contact us in writing.. We will investigate any complaints received and do our best to resolve them as soon as possible.
If you are not satisfied with the result of your complaint to us, you can refer your complaint to the: Office of the Australian Information Commissioner
Phone 1300 363 992
Post GPO Box 5218
Sydney NSW 2001
Online Form: www.oaic.gov.au (Privacy Complaint Form).
35. Allowing us to use your image
We sometimes film or photograph the Club so it is possible you will appear in the background. By signing this Agreement, you allow us to use your image in promotional and other business-related material.
36. What happens if you have issues with outside providers?
Contractors and tenants, including the MyFitness Club Personal Trainers, provide some services in our Clubs, such as personal training, physiotherapy and massage. You will need to pay service fees directly to them and we are not responsible for those fees or for any associated costs or refunds.
Any service they provide is a contract between them and you and we cannot accept any responsibility for a breach of contract or negligence.
If you make a claim because of something a contractor or tenant has or has not done, your claim should be brought against the provider, not us, whether you have paid them or not. You release us from any claim resulting from an act or omission by a contractor or tenant.
Wherever we can, we will help you to resolve issues with providers. We will also make sure that the MyFitness Club Personal Trainers in our Clubs have up-to-date qualifications and insurance.
37. What else should you know?
We can assign or transfer the benefit of your contract to a person, firm or company at any time. We may also relocate your Home Club to a location within three kilometre of its location at the time you signed this Agreement by written notice to you. If you feel you are materially prejudiced by this relocation, you may terminate this Agreement on 30 days’ notice subject to the terms of this Agreement.
We can also sub-contract our obligations to someone else without notice. But if we do, we are still responsible for ensuring those obligations are met.
Some Clubs offer extra services. They may involve separate fees, code and agreements. Please familiarize yourself with them.
All fees payable under this Agreement include goods and services tax (GST). Your fees will change in line with any government GST rate changes, even if you are in your minimum term.
38. Which laws apply?
This Agreement is subject to Australian law and is governed by the state laws where your Home Club is located. If a court decides that any section of this Agreement is invalid or unenforceable, that section will be deleted from this Agreement. The other sections will remain valid and enforceable.
However, under certain legislative provisions, we may ask you to agree that these conditions do not apply to you. If you sign this Agreement, you will be agreeing that your rights to sue us are excluded, restricted or modified as set out in these terms and conditions. This applies if you are injured (including injury that results in death) because the services were not rendered with due care and skill, or they were not reasonably fit for their purpose.
This change to your rights does not apply if your death or injury is due to our gross negligence.
39. What definitions apply?
We, Us, Our – [INSERT]
You, Your – The person named in the Membership Application Form.
The Club – The MyFitness Club location where you applied for membership
Home Club – The Club which you joined and which you will use mostly or exclusively, depending on the type of membership you chose
Club – A MyFitness Club health club
Agreement – The Membership Form and this schedule as amended from time to time.
Membership – Your membership of the Club pursuant to the terms of this Agreement.
Minimum Term – The term specified in the Membership Form
Personal Trainer – means a person authorised by us to provide personal training services within the Club and identified by uniform and other means within the Club as an official authorised personal trainer.
Code – Means any Code for operating equipment, opening hours and behaviour in the Club as specified in this Agreement or prepared by us from time to time and communicated to you through in club signs and handouts