TERMS

Burgh Healthy Hub Terms & Conditions of Membership.

Terms & Conditions of Membership.

  1. The member is entitled during the membership period to unrestricted use of BURGH HEALTHY HUB and its facilities subject to the conditions of this agreement and the rules and regulations of the club (which the member acknowledges he/she will abide by).

  2. The member’s rights will be automatically suspended (at the discretion of the manager) if the member is in default in making any payments required under this agreement. If any instalment of the membership fee is not paid on the due date, then the whole membership balance will, at the manager’s option become immediately payable upon demand.

  3. Non-use of the facilities by the member gives no right to a rebate, cancellation, or refund of membership fees. If BURGH HEALTHY HUB remains closed during its normal hours of operation, then under the fitness industry code of practice regulations (“Hours of Opening”) for any reason (customary and statutory holidays excluded) the member’s membership will be automatically extended for an additional period equal to the duration of the closure. No rebates, discounts or refunds are offered or given.

  4. Outside the 7-day cooling off period, a member may cancel his/her membership by giving the club 30 days written notice (if outside the minimum membership term) OR by paying a early cancellation fee equal to  50% of the minimum membership balance (if on a minimum term agreement)  Paid in full memberships will not be refunded.

  5. The member accepts BURGH HEALTHY HUB reserves the right to and may incrementally increase all club memberships fees at any time.

  6. The member may not transfer his/her rights under this agreement, but the club and the manager may transfer their rights on notice to the member.

  7. The Member or (Guardian of a member) if under the age of 18 years of age warrants that as fundamental condition of this membership the participating member is:

    1. Medically fit and able to participate in physical exercise and to has the ability to use the gymnasium facilities and train unsupervised or in a group class environment,

    2. Is not aware of having or had, any physical or mental disability, conditions or disease which might be aggravated or worsened by physical exercise or which could result in deterioration of health when physical exercise is undertaken.

  8. The Member acknowledges that BURGH HEALTHY HUB and the manager offer no warranty that the programs, advice, or facilities available to the member are approved by any medical or other authority.

  9. The Member or (Guardian of a member) if under 18, years of age warrants, indemnifies and releases BURGH HEALTHY HUB its employees, agents and contractors, from any claim:

    1. Which may by reason cause a deterioration in health, or aggravate any condition as a result of participation in sessions or programs, during the use of BURGH HEALTHY HUB facilities;- from any personal injury sustained by the member while on site or about the gym facilities;

    2. That the club, the manager, or any employee, agent or contractor of BURGH HEALTHY HUB or the manager is negligent.

  10. ​The member or (Guardian of a member) if under the age of 18 years of age, warrants accept that with any physical activity, including the activities on offer at BURGH HEALTHY HUB, there is a risk of either minor or major accidents, illness, sickness, injury or death occurring. The member or (Gradian of a member under 18) warrants acknowledges that the member uses the club and facilities at his or her own risk. The member has completed a pre-exercise link relating to his/her fitness to participate in the services offered by the club and the manager, or to use the facilities provided on the premises. The rights and obligations under clauses 9 and 10 of this Membership Agreement will not be affected if a member has given answers in a pre-exercise questionnaire, which indicate that he or she has an injury or a risk of injury from participating in any services provided, by BURGH HEALTHY HUB and the manager.

  11. If the  member has given answers to a pre-question questionnaire which BURGH HEALTHY HUB Indicate that he or she has an injury or risk of injury from participating in any services provided by the club or manager the member must not use the facilities or services offered by BURGH HEALTHY HUB the manager unless he or she has obtained appropriate medical or health advice in relation to the member’s use of or participation in any facilities or services offered by the club and the manager, and has provided that medical or health advice to the club and the manager.

  12. ​BURGH HEALTHY HUB and the manager do not act as a Bailee of the member’s property and the club and the manager will not be liable for loss of or damage to the member’s property.

  13. The member warrants that himself/herself and any guest introduced by or accompanying the member in the health club will obey all rules and regulations and any lawful and reasonable direction of the manager and that they will not conduct themselves in any way which presents a danger to or creates a nuisance for the club and the manager or other members or persons using BURGH HEALTHY HUB.

  14. Despite any other provision in this agreement BURGH HEALTHY HUB and the manager reserve the right to cancel this agreement at any time by notice in writing without giving reasons and without compensation. However, at the sole discretion of the owner/ managers the member may receive an amount attributable to the remaining membership period after that cancellation (if on a pre-paid membership).

  15. Except as prevented by fires, war, strikes, government regulations or similar causes, the company will during the membership period maintain the hours of opening and in the event that the health club facilities regularly used by the member are closed for any reason the member agrees to accept similar substitute facilities within a reasonable distance from the health club.

  16. This agreement of itself does not confer upon the member any interests in any assets of the health club or the club and the manager or any right to participate in the management of the health club, its premises and the health club facilities or in the profits or assets of the club and the manager.

  17. The club and the manager have the right to amend the rules and fitness services provided including its fees for service at any time without notice.

  18. If a member is under 18, the Guardian:- consents to the member being a member of the health club:

    1. Has read and understands this agreement: and

    2. Will use reasonable all endeavors to ensure that the member complies with this agreement.

  19. ​In accordance with the Fitness Industry Code of Practice:

    1. If the Membership Period is 3 months or more then the member has a 7-day cooling off period from the assigned date to terminate and must do so in writing.

    2. If the member terminates this agreement during the cooling off period then the member is entitled to a refund of any membership or joining fees. (Less reasonable administrative costs for services provided or business administrative processes).

  20. Covid 19 Special Conditions

    1. If the facility is forced to close due to a government enforced closure, then the Terms and Conditions of this agreement remain unchanged. All minimum terms will be extended and any pre-paid membership fees credit. (No refunds are issued as a result of a government enforced closure).

  21. ​In this agreement unless the contrary intention appears:

    1. The singular includes the plural and vice versa:

    2. A reference to a party includes that party’s members; and

    3. “Member” includes the guardian of the Member if the Member is under 18.

  22. ​Membership suspension/time stop is available for a minimum of one (1) week to maximum of (2) weeks in any 12-week membership term. Further extensions will not be granted under any circumstances including but not limited to illness or injury, however, may be extended at BURGH HEALTHY HUB’s discretion.

  23. The member consents to and authorises the use and reproduction by BURGH HEALTHY HUB and its agents, of the following items relating to the member’s participation in the club’s activities:

    1. Photographs, results, comments, and testimonials both written and recorded on audio and/or video, first name and initial, suburb and age.

    2. The member fully understands that’s the above information may be used for advertising purposes now and/or anytime in the future. The member also acknowledges that he or she, or any successor, as the assignee to this agreement is not entitled to any compensation now and/or in the future for any or all use of said items of information.

  24. ​Any renewal/extension of this membership agreement is undertaken with the understanding that the fore mentioned ‘Conditions of Membership’ apply on full to any additional term.

  25. The member acknowledges that all times whilst on BURGH HEALTHY HUB premises that their child / children are there at the members own risk and will not hold BURGH HEALTHY HUB liable.

  26. The member acknowledges that any hot / cold beverages or food consumed, spilt, knocked, bumped is at the members own risk and will not hold BURGH HEALTHY HUB liable for any burns, cuts or injuries or sickness that is incurred.

  27. The member acknowledges that if they have the right to make complaints to the Health Services Commissioner under the Human Rights Commissions Act 2005.