TERMS & CONDITIONS.

Membership Access & Facility Usage

• During the Membership period, the Member is entitled to unrestricted use of BURGH HEALTHY HUB (the Club) and its facilities, provided that the Member abides by the conditions of this agreement and the rules and regulations of the Club.

• Inductions: All Members are provided with inductions to ensure they understand the basic facility procedures. However, if a Member fails to show up to a pre-arranged induction without prior notice or has rescheduled the appointment more than once, the induction will be forfeited.

• Access Pass: To access the facility, the Member must swipe their access pass every time they enter or use the facilities.

  • ​Access Pass Rules:

    • Not to ask or expect anyone else to let them into the facility at any time.

    • Not to permit anyone, regardless of membership status, to enter the facility with their access pass.

    • Failure to comply with this policy may result in a Tailgate fee of $49, and/or membership suspension or termination for repeat offenders.

• Lost or Stolen Access Pass: If the access pass is lost or stolen, the Member must notify staff immediately to obtain a replacement within 14 days, for which there is a $49 replacement fee.

• Code of Conduct: Members must always conduct themselves in a safe and respectful manner while on the premises. The Club reserves the right to exclude any Member from the premises due to anti-social or detrimental behavior towards the Club, other Members, or any staff.

Payment Obligations

• Payment Information: The following outlines the Member's obligations and responsibilities regarding payment information:

  • ​Sufficient Funds: The Member is responsible for ensuring that their account has enough funds to cover any fees associated with their membership and that their payment information is kept up to date.

  • Rejected Payments: If any payments are rejected from their account, the Member agrees to pay an additional fee.

• Membership Suspension: Members are allowed to place their membership on hold.

  • Hold Fee: During this time, a membership hold fee of $5 per week will apply.

  • Notice Requirement: To initiate a hold period, the Member must notify the Club at least one week prior to the start date. Once the hold period has ended, the member's full payment schedule will resume.

• Membership Cancellation: In order to cancel a membership, the Member must provide written notice to the Club at least 30 days before the desired cancellation date. The Member is solely responsible for adhering to the aforementioned timeframes and notifying the Club accordingly.

Refunds & Extensions

• Non-Usage of Facilities: If the Member does not use the facilities, they are not entitled to a rebate, cancellation, or refund of their membership fees.

• Club Closure: However, if the Club is closed during its normal hours of operation for any reason (excluding customary and statutory holidays), the Member's membership will be automatically extended for a period equal to the duration of the closure in accordance with the fitness industry code of practice regulations ("Hours of Opening").

• Cooling Off Period: After the 7-day cooling off period, a Member can terminate their membership by providing the Club with a written notice of 30 days (if the minimum membership term has ended). Alternatively, if the Member is on a minimum term agreement, they can pay an early cancellation fee equivalent to 50% of the minimum membership balance. Refunds are not provided for memberships paid in full.

• Membership Fee Increase: The Member acknowledges and accepts that the Club retains the right to increase membership fees at any time without prior notice.

Transfer & Termination

• Transfer of Rights: The Member is not permitted to transfer their rights under this agreement. However, the Club reserves the right to transfer their rights to another Member upon providing notice.

• Exit Fee: If a Member has a term-based membership, they will be charged an exit fee if they terminate their membership before the contract period ends.

  • Calculation: Any membership that has a minimum term, the applicable exit fee will be 50% of the remaining minimum balance, still payable at the time of the cancellation request.

  • Transfer of Contract: Contract-based memberships can be transferred to another person, but only with prior approval and agreement from Club management.

Minors & Guardians​

• Parental/Guardian Consent: The Club is committed to providing a safe and secure environment for all members, especially minors. If a Member is under 18, the Parent (or Guardian) must:

• Consent to the Member being a part of the Club,

• Read and comprehend this agreement, and

• Make reasonable efforts to ensure that the Member adheres to this agreement.

• Rules for Members Under 18: Additionally, the following rules apply to Members who are under 18 years old:

  • Accompaniment: A Guardian must accompany the Member while using the facilities, or

  • Staffed Hours: The Member may use the facilities during staffed hours, but the Manager or Staff are not responsible for any supervision of Members under 18 while using any equipment.

Health & Liability​

• Fitness and Health Warranties: As a fundamental condition of this membership, the Member or Guardian (if the Member is under 18 years old) warrants that the participating Member:

  • Is medically fit and able to engage in physical exercise, as well as use the gymnasium facilities and train unsupervised or in a group class environment,

  • Is not aware of having or had any physical or mental disability, condition, or disease that may worsen due to physical exercise or could result in a decline in health when engaging in physical exercise.

• Indemnification and Liability Release: The Member, or Guardian (if the Member is under 18 years old) warrants, indemnifies, and releases the Club, its employees, staff, and contractors from any claim of:

  • Deterioration in health or aggravated conditions resulting from participation in sessions or programs or the use of Club facilities

  • Personal injury sustained by the member while on-site or using the gym facilities

  • Negligence on the part of the Club, manager, or any employee, agent, or contractor of the Club or the manager.

• Assumption of Risk: The Member acknowledges and accepts that any physical activity, including those offered by the Club, carries a risk of minor or major accidents, illness, injury, or death.

• Pre-Exercise Questionnaire: The Member acknowledges that they use the Club and its facilities at their own risk and has completed a pre-exercise questionnaire regarding their fitness to participate in Club services and use its facilities.

• Medical Advice: The Member also acknowledges that the answers given in the pre-exercise questionnaire will not affect their rights and obligations under this membership Agreement, even if they indicate an injury or risk of injury from participating in Club services.

• Club's Warranty: The Member acknowledges that the Club or Staff do not provide any warranty or guarantee that the programs, advice, or facilities available to the Member are approved by any medical or other authority.

• Medical Advice Requirement: The Member must not use the facilities or services provided by the Club if they have indicated in the pre-questionnaire that they have an injury or are at risk of injury without obtaining proper medical or health advice related to their participation or use of the facilities or services.

• Reporting of Injuries: The Member must provide the Club or Manager with the appropriate medical or health advice before using any of the facilities or services.

• Club's Responsibility: In addition, the Club shall not be held responsible for any injuries sustained by Members or participants while using any of its facilities or engaging in any services.

• Personal Belongings: The Club and its Manager will not be held responsible for any loss or damage to the Member's personal property. They are not acting as a Bailee of the Member's belongings.

Club's Rights & Cancellations​

• Cancellation by the Club: The Club reserves the right to cancel this agreement at any time by providing notice in writing, without having to provide any reason or compensation. Nonetheless, the Manager may, at their sole discretion, provide the Member with an amount corresponding to the remaining membership period after such cancellation, provided that the membership was pre-paid.

• Hours of Operation: The Club agrees to maintain its hours of operation during the membership period unless prevented by events such as fires, war, strikes, government regulations, or similar causes. If the Club facilities regularly used by the Member are closed for any reason, the Club will provide similar substitute facilities within a reasonable distance from the Club, and the Member agrees to accept them.

• Ownership and Control: This agreement does not grant the Member any ownership rights or managerial control over the assets, premises, facilities, profits, or any other aspect of the Club and its Staff.

• Modification of Rules: The Club reserves the right to modify the rules and fitness services offered, including the fees charged for such services, at any time without prior notice.

Cooling Off Period & Refunds​

• Cooling Off Period: In accordance with the Fitness Industry Code of Practice:

• 7-Day Cooling Off Period: 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.

• Refund Entitlement: 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).

Covid-19 Special Conditions​

• ​Government-Enforced Closure: 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).

General​

• Definitions: In this agreement unless the contrary intention appears:

  • Singular and Plural: The singular includes the plural and vice versa.

  • Party and Member: A reference to a party includes that party’s members, and "Member" includes the guardian of the Member if the Member is under 18.

  • Club: "Club" includes the Owner, Manager, Staff, or Contractor employed at the facility.

• Membership Suspension: Membership suspension/time stop is available for a minimum of one (1) week to a 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 the Clubs discretion.

• Consent for Use of Information: The Member consents to and authorizes the use and reproduction by the Club and its agents of the following items relating to the Member’s participation in the Club’s activities:

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

  • Advertising Use: The Member fully understands that 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 anytime in the future.

• Severability: If any provision of this agreement is invalid or unenforceable in any jurisdiction:

  • The provision is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, or

  • If the provision cannot be read down, it will be severed to the extent of invalidity or unenforceability, and the remaining provisions of this agreement will remain in full force and effect.

• Governing Law: This agreement is governed by and construed in accordance with the laws of the jurisdiction in which the Club operates. The parties submit to the non-exclusive jurisdiction of the courts of that jurisdiction and the courts competent to determine appeals from those courts.

• Entire Agreement: This agreement contains the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this agreement and has no further effect.

• Acceptance: By signing or accepting this agreement, the Member agrees to all the terms and conditions outlined above and acknowledges that they have read, understood, and agreed to be bound by them.