Terms of service

TERMS AND CONDITIONS

This is a membership form under which you agree to become a member of 24/7 Fitness Nation (the Gym or Fitness Nation). When you sign this form or digitally agree to this form, you are entering into a legally binding agreement.

This agreement (your membership) is made up of the terms contained in this form including the membership details (details) plus any special conditions and the below Terms and Conditions (Terms).

This form sets out your rights to use our exercise facilities and services, and the obligations you have to comply with as a member. Your responsibilities under this agreement, including payment of membership fees, do not depend on how often you use the facilities and services. You promise to tell us if at any time you believe that you may not be able to comply with your obligations under this agreement including the payment of fees, so we can discuss your options with you.

What is set out in this agreement overrides any statements made by you or us before you signed the agreement. Accordingly, you should now read through this entire form carefully to make sure that it fully reflects your expectations and ask us or seek advice if you are unsure whether any particular statements that you have relied on are part of this agreement.

Your membership is Ongoing that will continue periodically after the Minimum Term until either you or we terminate it in the way described in the agreement. If an automatic direct debit arrangement is in place, membership fees will continue to be debited from your credit card or account until you or 24/7 Fitness Nation cancels the arrangement by notifying your bank or credit provider. If you terminate the agreement or stop the automatic debit arrangement in a manner not described in the agreement, then you may be liable for damages for breach of contract.

Terms and Conditions (Terms)

1. Plain terms

These Terms use fairly plain language, so we want to make sure that some of the words and concepts used are easily understood. For instance, we have included clause headings as a guide but these do not form part of this agreement. Certain recurring words are defined in the details and elsewhere in this agreement and other forms of those words have equivalent meaning.

2. Cooling off Period

If you change your mind shortly after applying for membership, you may have an opportunity to cancel within seven (7) days of signing your Membership Application Form (“Cooling Off Period”). You will need to let us know in writing within the time specified herein for it to be

 

effective. We will charge the joining fee and fair amounts for fitness services we have already provided, but will otherwise refund you any other amounts you have paid to us. If you wish to end your membership otherwise, different terms apply as set out in these Terms.

3. Responsibility for members under 18 (Minor)

If you are under 18 a parent or guardian must also sign the contract and a guarantor form. By signing on behalf of a Minor, the parent or guardian agrees to be responsible for ensuring the Minor exercises safely, pays their membership fees and otherwise follows these Terms.

4. Safety first!

The health and safety of members is important to us. This clause sets out some of the things we require of you to help achieve that objective.

a. Your physical condition

A safe and effective exercise program is dependent upon accurate health and fitness profiling. It is therefore essential that you tell us in writing all relevant personal health and fitness information both before (through our pre-exercise questionnaire or otherwise) and during the course of any exercise program or other activity.

You promise that information you disclose to us will be true and accurate and not misleading in any way. You must not attend and use the facilities and services whilst you are suffering from any illness, disease, injury or other condition that could present a risk to the health or safety of other members and guests or yourself.

If you happen to use the facilities and services before disclosing relevant health information to us, you promise that you are in good physical condition and you do not know of any reason why you may not be able to exercise safely. If you feel unsure that you can make this promise, we ask that you do not use the facilities and services until we have completed your health and fitness profile.

b. Proper use of equipment

We can provide you with an initial instructional consultation with a staff member before using the facilities and services. In any case, you promise to take care when using the facilities and services and make sure that you use the facilities and services including equipment appropriately and safely. If you are ever not sure how to operate any equipment properly, please ask a staff member before you use it.

c. We can refuse you entry

We can refuse you entry to the facilities and services or cancel your membership immediately if you behave in a way that is seriously risky or inappropriate, such as if you threaten or harass others, deliberately or recklessly damage equipment or facilities or if you use or distribute illegal or performance enhancing drugs.

d. Please follow our directions

You agree to follow any reasonable direction of a member of our staff relating to health and safety or any other matter.

5. We take your privacy seriously

a. Our privacy policy

From when you apply for membership we will have access to personal information about you, such as information relating to your health and finances. We will protect this information and only use, disclose or deal with this information in accordance with our Privacy Policy. The latest version of the Privacy Policy will be available on our website.

b. Video monitoring

We may use video monitoring in our facilities for health, safety and security reasons. If you have any queries in relation to the use of monitors operating in and around our facilities please contact us.

c. Photos

You allow us to take a photo of you at reception to put with your membership details (whether it is a new membership or a variation to your membership). Your photograph will only be used for internal purposes related to the administration of your Gym membership. This may include, but is not limited to, verifying your identity when you enter the Gym premises, tracking member attendance, and ensuring the safety and security of all Gym members.

d. Please keep your contact details up to date

You promise to tell us promptly if you change your address, phone number, email, bank account, credit card information for payment or if there is a change to any other personal information relevant to your membership with us. This includes any matters that affect the health or safety of you or others.

6. What you get when you join

From the Start Date you are entitled to the membership benefits and use of the facilities and services that apply to the Membership Type you selected. Fitness Nation reserves the right to update, move and/or alter the benefits, facilities, equipment and modify the fitness classes schedule.

7. When can you put your membership on hold?

You may temporarily suspend your membership for travel or medical reasons if all amounts payable for your membership are paid up to date. Suspension fee of $5 per week will apply except for those at least on a 12 month Minimum Term Memberships who will be entitled to suspend their membership for free for up to 4 weeks per year. Outside of this Fitness Nation will exercise discretion to remove the $5 per week suspension fee upon the production of satisfactory supporting documentation when you apply for a suspension. In any 12 month period, we are not obliged to suspend your membership on more than two occasions or for more than three months in total. While your membership is suspended, the term will be extended and we will freeze any direct debit payments that fall within the suspension period.

Suspensions are not available for Paid in Full (PIF) memberships. PIF memberships are purchased upfront for a fixed term at a discounted rate and are therefore not eligible for temporary holds, extensions, or freezes for travel, medical, or any other reason. The agreed membership expiry date for PIF memberships will remain unchanged regardless of non-attendance or inability to attend.

8. Paid in Full Memberships – Non-Refundable Clause

Paid in full (PIF) memberships are non-refundable. By purchasing a PIF membership, the member acknowledges and agrees that the full amount is payable upfront and cannot be refunded, either in full or in part, for any reason, including but not limited to change of mind, relocation, medical, change in circumstances, or inability to use the facility.
All membership terms and benefits associated with PIF memberships will remain valid for the duration of the membership period.

9. Ending your membership

You may terminate your membership by giving us no less than 30 days’ notice in person. Notice must be given in person or via an email sent to customercare@fitnessnation.au.

9.1 On or after expiry of the Minimum Term

As your membership is Ongoing, it will continue after the Minimum Term periodically unless you tell us in writing that you wish your membership to end at the expiry of the Minimum Term You can terminate any time after the end of the Minimum Term by giving us at least 30 days prior written notice.

Where neither you nor we terminate this agreement, any unpaid fees will need to be paid by you and in addition to our other rights we may have including our taking action to recover the outstanding payments.

9.2 Other ways that you can end your Membership

You can also cancel your membership where:

• we don’t keep our end of the deal (please see paragraph (a) below);
• you become subject to medical incapacity (please see paragraph (b) below);
• we make changes to this agreement that adversely affect you (please see clause 13);
• you otherwise become entitled to do so under consumer legislation;
• you relocate or simply wish to cancel for any other reason (please see paragraph (c) below)

a. If we don’t keep our end of the deal

You can cancel your membership with immediate effect by written notice to us if we breach any of our obligations under this agreement and we have not remedied that breach within a reasonable time after you have given us a written request that we do so.

No fees will be applicable for cancelling in accordance with this clause apart from, to the extent not impacted by our breach, the joining fee, membership fees for the time you have been a member calculated on a pro-rata basis and any outstanding fees for other services already supplied to you.b. You can cancel for medical reasons

You can end your membership with 30 days’ notice by telling us in writing if you cannot exercise anymore due to an illness or a physical incapacity and you produce supporting documentation to our reasonable satisfaction.

In that event, you will be charged the joining fee, membership fees for the time you have been a member calculated on a pro rata basis and any outstanding fees including on a discretionary basis, cancellation fees for all services already supplied to you.

c. If your membership is no longer convenient

You can end your membership during the Minimum Term with immediate effect at any time by simply providing us 30 days written notice. We understand that circumstances change and so you do not need to give any reason.

Please note we will consider any request to transfer your membership and may agree to the transfer at our reasonable choosing subject to satisfaction of reasonable eligibility conditions and your payment of the transfer fee. We will never charge you cancellation fee if we agree a transfer to someone who is not currently a member and they have paid our standard joining fee.

9.3 When can we end your membership?

In addition to our other rights under this agreement, we can terminate your membership immediately by written notice to you if you fail to act in accordance with any obligation under this agreement and if capable of remedy you do not remedy the failure within a reasonable time of us giving you written notice requiring you do so. If we cancel this agreement under this paragraph you will be liable for the joining fee, membership fees already paid and we may recover any outstanding membership fees and reasonable costs and expenses we incur as a result of your breach, including debt recovery expenses of engaging an external collection agency and legal costs (without limiting any other right or remedy we have).

On rare occasions we may cancel a membership by written notice to the member without the need to give a reason. If we cancel your membership under this paragraph you will only be liable for the membership fees for the time you were a member and any other fees for other fitness services already provided. We will refund your joining fee together with the sum of $50. You agree that this payment is your sole entitlement to compensation for cancellation of your membership under this paragraph.

10. Fees you have to pay for your membership

The fees you have to pay are specified in the details. This clause 9 sets out some further rights and obligations that apply in relation to particular fees.

 If you fail to make any payment when due, we can suspend your membership and refuse you access to the facilities and services until all outstanding amounts have been paid in addition to our other rights under these Terms. Fees and charges continue to accrue during the suspension.

a. Joining fee

We may charge you a joining fee to cover the set up costs for a new membership. The joining fee is not refundable except in limited circumstances relating to clause 8.2(a) and clause 8.3.

b. Membership fees

As your membership is Ongoing membership fees must be paid periodically in advance until your membership ends.

c. Cancellation Fee

The cancellation fee for all memberships (except Premium) is based on a payout figure equal to the lesser of (i) the membership fees that you would have paid for the remainder of the Minimum Term as at the cancellation date or (ii) $250 for a 12 month Minimum Term or (iii) $350 for an 18 month Minimum Term.

The cancellation fee for Premium memberships is based on a payout figure equal to the lesser of (i) the membership fees that you would have paid for the remainder of the Minimum Term as at the cancellation date or (ii) $300 for a 12 month Minimum Term or (iii) $400 for an 18 month Minimum Term.

d. Fee increases

We review our Membership Dues and Fees periodically and we reserve the right to change them. We will not increase the membership fees during the Minimum Term. Outside of this we may increase your membership fees or any other fees. We will make a fair effort to tell you at least 30 days before by writing to you at the last address you gave us (which may be an email address). Where we have done so, you authorise us to increase any debits from your nominated account in line with this increase. We will not use this right to vary the terms of any special offer which applies to you. If you do not wish to accept an increase you may terminate your membership.

e. Upgrade/Downgrade of Membership Type

There is an administration fee of $10 for all upgrade and downgrade of Membership Type. Members wishing to upgrade, must pay the additional pro-rata for the current billing cycle from the time the Start Date of the new (upgraded) Membership Type. Members downgrading will forfeit the right to any fees incurred or paid at the higher membership. No refund will be provided.

f. Gym membership fob

Membership fobs are not transferable and must be shown and scanned on every visit to gain entry. You will be given a fob which may denote your Membership Type. If you allow another person to enter without using their own fob or you allow your fob to be used by another person for the purpose of obtaining admission, this amounts to the repudiation of this agreement and we may fine you $150 and/or we may terminate the agreement with you paying all monies due under this agreement.

If your gym fob is lost, stolen or damaged you should contact the Gym regarding the reissue of a replacement fob. You will be required to pay a replacement fee of $35 to obtain a new one.

g. Annual Fee

We reserve the right to charge an annual up-keep fee in addition to your regular weekly membership fees for programs, equipment, classes, facility upgrades and maintenance. If this occurs notice will be provided as per clause 13,

h. Refunds and the Credit Code

Except as provided in this Agreement all monies are non-refundable. If in rare exceptional circumstances a refund is provided we are entitled to deduct all fees and charges that you must pay under this agreement from any refund we give you. The National Credit Code does not apply to this agreement.

11. When you pay by direct debit

a. Authorisation to deduct fees

By nominating a credit or debit account, you are authorising us to deduct from that account all fees and other charges for which you may be responsible under this agreement. Accordingly, it is essential that you keep your account details up to date.

b. If your payment is late or rejected

You are responsible for making sure that there is enough money in your nominated account on the usual payment day or the next working day if that falls on a day when banks do not process payments.

Any bank fees charged to us because of a rejection when we attempt to collect payments from you may be charged directly to you by us (or by the Direct Debit Provider).

If a payment remains outstanding, you agree that, unless we are in breach of our obligations under these Terms, we (or the Direct Debit Provider) may continue to debit the nominated account for the total amount due without notice to you. If the amount owing is more than one periodic membership fee we will seek to contact you first.

c. Direct debits

If you choose to pay fees by direct debit, then this will be through the Direct Debit Provider Debit Success. The Direct Debit Provider may be us (if we are authorised) or a third party provider who is not a party to this agreement and whose only role is to provide direct debit services.

We will provide you with a copy of the terms and conditions that apply to the direct debit services. Those terms and conditions are entirely separate to this agreement and you may have rights and obligations under those terms and conditions. As such, the Direct Debit Provider acting in its capacity as such has no liability to you in connection with your involvement in exercise activities under this agreement.

12. Issues with outside providers

We will seek to make sure those franchisees, contractors and other authorised persons who provide services at the facilities (outside providers) are appropriately qualified before granting them access. Examples of outside providers include such as coaches, physiotherapists, masseurs and personal trainers who may offer additional services from the facilities that are not included with your Membership Type. Please note that outside providers are neither employed by us nor are they our agents, even if they happen to be wearing clothes displaying our name and logo. You will know that they are outside providers because they will require payment of their fee direct from you when you engage them.

This is important because we are not liable for any injury, loss or other claims arising from breach of contract, negligence or otherwise that are suffered by you in connection with any outside provider services, other than to the extent caused by our negligence. In addition, you release us and hold us harmless in relation to any such claims.

We have no responsibility in respect of the fees that you must pay directly to outside providers nor for any associated costs or refunds. However, please advise us if you have a problem with an outside provider and we will try to help if we can. Nothing in this clause limits our liability for the actions of our employees or agents.

13. Other services

There may be other services offered at the facilities that do not form part of your Membership Type but are available for you to purchase separately. These are not part of the services provided under your membership and you will be advised at the time if any additional terms apply to these services.

14. Changes to your membership agreement

We may need to make changes to this agreement including our Rules during your membership. However, we will always try to do this in a way that is fair by giving you an opportunity to cancel your membership if you do not agree to the change as described in this clause below.

 We will tell you in writing (including email, SMS, app, posting on our website or notices in the Gym) of the proposed change in advance and tell you the date that it will come into effect. This effective date will be at least 30 days from the date of our notification unless it is impractical for us to do so. Your membership will be amended with effect from the effective date. If however, you are adversely affected by the change, you may cancel your membership by telling us in writing before that date. Please note you cannot cancel under this clause if we are required to make the change in order to comply with a law or any direction of a competent authority.

15. General Gym Rules of Use

a. Booking into classes

You must book yourself into classes (via website, app or at reception) you wish to attend. If you do not and the class is full you will not be able to attend. Staff may check attendance to ensure you are on the right Membership Type or you have paid for the class you have booked into. If you are not or have not, then you will not be able to attend.

b. Dress Code

Fully enclosed, clean sports shoes must be worn in all public (non-studio) areas of Fitness Nation and during workouts for safety reasons. Appropriate workout clothes should be worn at all times. You are required to wear a singlet or t-shirt at all times.

c. Towels

No Towel, No workout. Towels must be used when participating in classes and when exercising in the gym to maintain hygiene and safety standards.

d. Cleaning

All equipment used (including bags and mats) must be wiped down with a spray bottle and towel or sanitiser wipes after use.

To prevent trip hazards, no bags are to be brought to the gym floor or studios, and weights are to be put away correctly after use.

e. Lockers

Lockers are available and located in the Gym. Please look after your personal items. Fitness Nation employees, or contractors, are not responsible for any loss of personal property. Lockers provided are not security devices and you must supply your own lock. All belongings must be removed from the lockers prior to close of club daily or they will be removed and Fitness Nation does not take responsibility for loss, damage, or theft of your belongings.

f. Gear for Classes

 

Fitness Nation will provide equipment for most of the classes conducted. There will be certain classes which will require you to bring your own equipment for participation in the classes such Reformer Pilates mat for Reformer Pilates, boxing gloves for boxing classes. We reserve the right not to allow you into the class if you do not have the requisite equipment.

16. Interruption of Services

As a result of repair, maintenance, public holiday, or special occasions, Fitness Nation may be required to restrict the use or temporarily close or halt club activity from time to time. There will be no reduction, suspension, abatement, or apportionment of membership fees or other charges during such time when the above-mentioned occurs. The Gym hours of operation including staffed hours may be modified from time to time without prior notice to you. Fitness Nation reserves the right to change the facility from time to time, to eliminate or add facilities and services, and to change the type or quantity of equipment and services. Fitness Nation may from time to time reserve the use of its facilities for special events, competitions and private functions.

17. Our liability to you

a. Statutory guarantees

ACL: The Australian Consumer Law (ACL) contained in the Competition and Consumer Act 2010 (Cth) (CCA) provides certain guarantees in sections 60 to 62 (statutory guarantees) which generally require that services supplied to you:

• are rendered with due care and skill,
• are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier and might reasonably be expected to achieve any result you have made known to the supplier and
• are supplied within a reasonable time (when no time is set).

Permitted exclusion: However, the CCA permits a supplier of recreational services to ask you to accept some limitations on those statutory guarantees. Accordingly, to the extent permitted by section 139A of the CCA, you acknowledge and agree that we exclude all liability to you for death or injury resulting from a failure by us to comply with any statutory guarantee.

In the previous sentence, “injury” means:

• physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
• the contraction, aggravation or acceleration of a disease; or
• the coming into existence, the aggravation, acceleration or recurrence of any condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to you that is or may be harmful or disadvantageous to you or the community, or that may result in harm or disadvantage to you or the community.

Reckless conduct: This exclusion of liability does not apply if you have suffered any significant personal injury that is caused by our reckless conduct (within the meaning given to those terms by the CCA).

b. State based notices

Please refer to the attached ACL Exclusion Notice which contains complementary information about the statutory guarantees and the limitations that we are allowed to place on them. These are without prejudice to the limitations contained in this clause.

c. General exclusions

Please note that nothing in this agreement excludes, restricts or modifies any term, condition, warranty, guarantee, right or remedy (including under a statutory guarantee) which cannot lawfully be excluded, restricted or modified.

Otherwise, and except as expressly included in this agreement, all implied terms, conditions, warranties, rights or other additional obligations that can be lawfully excluded are excluded from this agreement. In particular, but subject to the preceding paragraph, we are not liable for:

• negligence; or
• breach of terms implied that services will be provided with reasonable care and skill,

at common law that in either case results in your death or injury (as defined in paragraph (a) above) in connection with or under this agreement, but to avoid doubt we do not exclude liability for our reckless conduct.

d. Loss of property

You promise that you will not unnecessarily bring valuables in to the facilities and that if lockers are available you will use the lockers to store any valuable property that you bring with you. If we provide secure storage lockers, then this is part of our service to you. However, we are not responsible if someone breaks into your locker and takes your property, other than to the extent we have not complied with our obligations in respect of this service under a statutory guarantee.

Other than as described above, maintaining the security of unattended property in the facility is not part of the service we provide under this agreement. Accordingly, if you choose not to use a locker to securely store your property and leave it unattended in the facilities, we will not be responsible for any loss or damage to your property that occurs.

e. Physical contact classes

You acknowledge that the Gym offers classes and programs, for example Boxing, which may involve physical contact between participants due to the nature of the class/program. You understand and accept that participation in such activities carries inherent risks, including the risk of injury. You voluntarily assume all such risks, and you agree not to hold the Gym or its

employees, instructors, or affiliates liable for any injury or harm that may result from such physical contact during classes or activities.

You agree to follow all safety rules, guidelines, and instructions provided by the Gym's staff and instructors. This includes using appropriate protective gear, following proper techniques, and respecting the safety of others during class or activity.

15. Your responsibility for damage

You agree to pay for any damage to the facilities caused by you or your guests through a wilful act or negligence.

16. General legal terms

a. Unexpected events

We are not liable if you cannot use your membership due to anything beyond our reasonable control. If that failure or delay continues for more than 30 days, then either you or we can cancel this agreement with immediate effect by telling the other in writing. We are entitled to make part or all of the facilities unavailable for up to two weeks during each calendar year to undertake maintenance, repairs or improvements, in which case we will extend your membership by the time you are unable to use the facilities.

b. Our logo and intellectual property

No rights in relation to our logo, trademarks or any other intellectual property rights associated with our business, techniques, exercise programs or classes are granted to you under this agreement, except that any exercise program created for you may be used while you are a member for the purpose of your exercise activities.

c. Transferring this agreement

We can transfer the rights or benefit under this agreement or sub-contract our obligations under this agreement to a third party at any time without notice to you but in doing so we will make sure that the transferee agrees to honour the terms of your membership.

d. Severability and waiver

If a court finds that any part of any term of this agreement is or becomes illegal, void or unenforceable, that part is deleted and this does not invalidate the rest of this agreement. If we do not enforce our rights under this agreement at any time, it does not mean that we may not do so on future occasions.

e. Applicable law

The law of the State/Territory specified in the details applies to this agreement.

ACL Exclusion Notice (Victoria Only)

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012

Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that recreational services it supplies to you –

• are rendered with due care and skill; and
• are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
• might reasonably be expected to achieve any result you have made known to the supplier. 

Under section 22 of the Australian Consumer Law and Fair Trading Act 2012 (ACL), the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the ACL if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.

NOTE: The change to your rights as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the ACL.