THIS AGREEMENT is made on the _____ day of _______________, 2020
BETWEEN: H.S Carr & C Prior trading as GeekFit (ABN: 80 620 432 045)
of 2B/88 Summers Road, Summer, QLD 4074
Member name: ________________________________
The Member intends to join the Gym
The Member acknowledges that he/she reads and understands these Terms & Conditions set out in this Agreement.
Agreement means this Agreement, including the Background and Schedules, as amended from time to time.
Commencement Date means the date stated in Schedule 1;
Confidential Information means facts or knowledge that are not in the public domain, including, but not limited to, information relating to the general business operations within the Member or the Gym, such as:
(a) financial statements;
(b) actual and proposed Member lists, information, licensee lists and distributors lists;
(c) cost and selling price information;
(d) trade secrets, know-how, work-in-progress, services and intellectual property;
(e) business and marketing plans; and
(f) third party information disclosed by one party to the other party in confidence.
Gym’s Fee means the fees set out in Schedule 1;
Parties means the Gym and the Member.
Schedules means Schedule 1 to this Agreement.
Staff Hours means 8:30am-11:30am and 1pm-5:30pm on Mondays to Thursdays and 9am – 1pm on Fridays and Saturdays. This may change from time to time. The Member has 24/7 access to the gym.
In this Agreement, unless the context otherwise requires:
(a) the singular includes the plural and vice versa, and a gender includes other genders;
(b) a reference to the singular includes the plural and vice-versa;
(c) another grammatical form of a defined word or expression has a corresponding meaning;
(d) a reference to a clause, paragraph, schedule or annexure is a reference to a clause or paragraph of, or schedule or annexure to, this Agreement, and a reference to this Agreement includes its schedules and annexures;
(e) a reference to a document or agreement includes the document or agreement as novated, altered, supplemented or replaced from time to time;
(f) all references to $ or dollars are references to Australian Dollars.
(g) a reference to a person includes the person’s executors, administrators, successors and permitted assigns and substitutes;
(h) a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
(i) a reference to a statute, ordinance, code, other law or international convention includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
(j) any obligation in this Agreement on a person not to do something includes an obligation not to agree or to allow that thing to be done;
(k) the meaning of general words is not limited by specific examples introduced by “including” and similar expressions;
(l) a reference to writing or written includes any method of reproducing words, figures, drawings or symbols in a visible and tangible form including communication by electronic mail;
(m) the word “including” is not a word of limitation and means ‘including without limitation’; and
(n) the Background forms part of this Agreement.
3. TERMS AND CONDITIONS OF AGREEMENT
Access to the Gym as a member, you are entitled to use the Facilities of the Gym during the Gym’s normal opening hours so long as you remain a member and you comply with most up to date General Terms and Conditions. If you are issued with a membership card, this must be shown on entry to the Gym.
Access to the Gym may be refused if you do not have the card or provide adequate evidence of your identity and membership.
The Gym reserves the right to amend the Terms and Conditions at any time. The most up to date version may be available on our website and all changes will be displayed in the Gym prior to implementing the change.
If you behave in a manner that is unacceptable to us or to other members of GeekFit, we reserve the right to refuse entry to you and to cancel your membership. Unacceptable behaviour may include but is not limited to:
disruptive or threatening behaviour,
causing damage to the Gym premises or equipment,
abusive language to staff or members,
dropping weights or not putting weights away after use,
use of illicit substances,
Harassment or discrimination either within GeekFit 24/7 facilities or outside of it, including on digital platforms such as social media.
To access the Gym 24/7 feature, you must have a valid membership tag which is given out after attending your emergency induction. If you lose or forget your card, you are not able to ask another member to allow you entry to the Gym, as you are also not allowed to permit entry to other people to the Gym. Should you lose or damage your card, you will be subject to a $19.95 card replacement fee. Should you allow another person to enter the Gym by following you in you will be subject to a $50.00 tailgate fee, all 24-hour doors are monitored by surveillance and tailgating is checked each day by staff.
Clean fully enclosed sports shoes must be worn during all times at the Gym for health and safety reasons. A singlet or t-shirt must always be worn, and all clothing must be clean and tidy with no offensive print as consideration for our other members. Children 13 years and under are not allowed access to our gym and facilities at any time unless supervised or otherwise approved by management.
The Gym will contact members from time to time, regarding important information relating to their membership, using the contact details provided to them at sign up. It is the responsibility of the member to ensure that their contact information is kept up to date to prevent important communication being lost.
4. MEMBERSHIP TYPES & INFORMATION
The Gym has several membership plans, with the basic plan being 24/7 access (“basic/standard membership”), and further plans including personal training services. For example, a Deluxe membership will entitle the member to one (1) customized program from a personal trainer per month, and the following membership tiers will entitle the member to a personalized program plus personal training sessions, the number of which varies in accordance with the plan benefits.
All personal training entitlements are based on 1 month of payments at the appropriate membership rate. Any increase or decrease in rate is subject to a 1-membership-month minimum term before further increases or decreases.
All memberships are for a minimum 12 month-period, and any member who signs on to a standard membership or above will be contracted for the full 12 month-period, however, the member is free to increase their membership tier at any time during the 12 month period without affecting their contract duration. When an increase is requested, it will fall on the first day of the following membership month.
If a member wishes to decrease their membership tier, they can do so after a minimum of 3 months after signing onto a personal training membership for the first time. This will not affect the 12 month contract period. If a member is within the last 3 months of their contract when signing onto a personal training service for the first time, their contract end date will change to reflect 3 months after their sign-on date for personal training. If the member has previously completed the 3-month minimum term on a personal training membership, then the 1 month minimum term will apply.
GeekFit 24/7 also offers the option of building customized membership plans with the Build-a-Membership options. The same terms apply to these options that apply to the previously mentioned membership packages. Gym access is contracted for the full 12 month period, with all add-on options being contracted at a 3 month minimum term for first time PT clients, and 1 month minimum for any member who has already completed at least one 3 month minimum term for PT.
Month-to-month contracts are available for an additional $2 per week, and are for a minimum 1 month-period.
Program - In the case that a member’s membership includes a self-directed training program, the program will be a 4-5 week program, depending on the calendar month. All programs start on a Monday, so the program length will be determined by the number of Mondays in the selected month.
Personal training sessions are non-transferrable, along with programs. All programs are written specifically for the member on the personal training membership, and may not be suitable for others. In avoidance of doubt, GeekFit takes no responsibility for any injuries or damages caused by anyone other than the designated member using our programs.
Membership month – One month of membership is from the date signed to the same date in the following month, regardless of the number of days between. For example, if a member signs on the 15th of January, their second membership month will commence on the 15th of February.
PT session – All personal training sessions allow 45 minutes of a personal trainer’s time. Personal training sessions are non-transferrable. The first personal training session with a member will always include a pre-screening and thorough consultation, to ensure that all potential problems are addressed prior to training. This is a very important part of the process and is non-negotiable. While our personal trainers will do their best to fit in a short training session afterwards, each member’s needs are individual, and some may need longer consultations than others.
You agree to spend at least 5 minutes warming up prior to your session. If you have not warmed up, you must inform your trainer, and they will run you through a warm-up, which will be part of your 45 minutes of time.
Your 45 minutes are scheduled. If you arrive late, you will not receive extra time, and you will also need to warm up, which will take further from your time. It is highly recommended that you arrive at least 10 minutes prior to your session to ensure that you get the maximum amount of time allocated to you by our personal trainers.
If you have a scheduled session with a trainer and you do not show up, your session will be considered completed and you will not get a replacement. There is a 24 hour cancellation policy in place. If you cancel your appointment with less than 24 hours notice, you will forfeit the session and will not get a replacement.
5. HEALTH AND PHYSICAL CONDITION
You confirm to us that you are in good physical condition when joining the Gym and whenever you use the Facilities and/or undertake training by any of the Gym’s personal trainers and that you are not aware of any medical or other reason that might be detrimental to your health, safety, comfort or physical condition.
You are responsible to notify GeekFit of any conditions that may impede or prevent you from using our facilities and it is up to you to provide us with medical consent to participate in physical activity if requested. You should not use any of the Facilities whilst suffering from any contagious illness, disease or infection, or when suffering from any physical ailment, especially if there is a risk for other members.
6. USE OF FACILITIES
It is your responsibility to ensure that you correctly operate any equipment at the Gym. If you are in any doubt as to how to do so, you should consult a member of staff before use. If you cause any damage to any Facilities at the Gym you must notify a member of staff. You may be held responsible for the cost of repair or replacement if intentionally using a piece of equipment not as it is designed to be used.
After using any equipment, it must be placed back in the correct storage location. Failure to do so can result in termination of your membership.
All fees are payable in advance unless otherwise agreed in writing. When joining the Gym, you will become responsible for paying the membership fees for the duration of the initial period of your membership as shown in the Schedule 1. Payment may be made by direct debit only. Any failed payments will incur a dishonour fee charged at the appropriate rate set out by the direct debit company utilised by GeekFit for membership transactions. All cash payments must be made in full at commencement of contract for the term of the membership.
Training fees are payable before commencement of a training course or individual lesson, whichever is applicable.
Membership Fees are non-refundable If any fees are outstanding, we will be entitled without obtaining further authority from you to charge them to your nominated account. However, we will not do this if you have given us a written notice that a payment is disputed.
Fees are quoted inclusive of GST.
8. EXPIRY & RENEWAL OF MEMBERSHIP
When the initial period of your membership is completed your membership will continue until you advise us otherwise and you will continue to be responsible for membership fees until you give us 14 days’ notice to terminate your membership. We reserve the right to increase membership
prices at the cessation of contracted period by giving notice to members using the contact methods on their accounts.
9. MEMBERSHIP HOLD
All members are entitled to a 2-week (per annum) membership hold. Any debits due within the dates of the membership hold will be nil. During this period access will be restricted and payments will recommence the date of your agreed upon return.
The membership cancellation or termination includes the time of any membership holding period.
10. MEMBERSHIP TERMINATION AND CANCELLATION
All memberships have a 48 hour Cooling Off period, from the date which you sign. Any memberships cancelled within this period may be subject to a $50.00 administration fee plus the costs of any use of the gym occurring within the Cooling Off period.
Membership cancellation forms can be completed in store or via email to firstname.lastname@example.org
To cancel your contract, we require a two (2) week notice period, if you have a payment due within this time, it will be taken from your account in full (except for monthly payments, which will be charged at 50%).
Additionally, if you wish to cancel your membership before the initial period of your membership expiring, you will be subject to pay a $99.00 cancellation fee or the total of the outstanding payments due on the remainder of your contract, whichever is less. This does not apply to memberships cancelled due to injury, illness or relocation.
All memberships will continue on a No-Contract basis after the minimum term has ended until a cancellation form is provided to the Gym by the member. Any cancellation fee applicable must be paid in full at the time of your cancellation request or will be automatically debited from the authorised payment method on file. Cancellation requests will not be processed and will be deemed invalid until the cancellation fee and any overdue membership fees are paid in full. If you wish to cancel your membership due to illness or injury, you should submit your request in writing with supporting evidence (such as a doctors certificate or statutory declaration) in the Gym or to our email email@example.com and your request will be assessed by the cancellations team.
GeekFit reserves the right to cancel your membership by giving you notice if you fail to pay any fees within 30 days of the due date. In any of these circumstances you will remain liable to pay all outstanding fees due for the period up to and including the termination date. Also, we may recover from you or retain from any advance payment a reasonable amount to cover the costs that we incur as a result of your actions. The balance of any advance will then be refunded on request termination of membership will bring the membership contract to an end but this will not affect the accrued rights of either the Gym or yourself at the termination date.
11. TRANSFER OF MEMBERSHIP
Membership is personal and not transferable, unless by management approval. Also, you may not lend your membership card to any third party. Guests may only be invited to the Gym after obtaining authorisation from the management or unless authorised by staff member.
12. PERSONAL TRAINING
All personal trainers at GeekFit are employees and not sub contractors. Our Personal Trainers shall follow our policies and procedures. Only GeekFit Personal Trainers can operate within GeekFit facilities. No member is allowed to bring a third-party trainer into our facilities at any time and bringing a third-party trainer into the Gym may result in suspension or cancellation of your membership.
13. PERSONAL PROPERTY
You are responsible for the care of your property and valuables while on the premises and
the Gym accepts no liability for any loss or damage incurred whilst at the Gym. We recommend you bring no valuables onto GeekFit property, if using the lockers, we recommend a lock to secure your personal effects. Lost property is disposed of or donated every fortnight.
14. DATA PROTECTION
We will film and take photos at our facility from time to time for advertising and promotional activities. We may use this across our social media and other platforms. By signing this agreement, you acknowledge that we have the right to use those images for business and promotional material and that they remain the property of GeekFit and all of
its associated brands.
Whenever these Terms refer to notice being given by you or by the Gym, the notice must be in writing.
17. ENTIRE AGREEMENT
The membership contract incorporating these Terms constitutes the entire agreement between us and supersedes any previous agreement or understanding between us with respect to its subject matter.
The failure by the Gym to enforce any of these Terms and Conditions shall not be treated as a waiver of that provision, nor shall it affect our right subsequently to enforce that provision.
If any of these Terms is held by a court to be unenforceable or invalid, the remaining provisions will continue in effect.
20. DISPUTE RESOLUTION
These Terms and your membership contract are governed in all respects by law. If any dispute occurs between us, we will act in good faith in an effort to resolve it through direct negotiation with you, if this is unsuccessful, either of us may request that the dispute is referred to mediation in accordance with Office of Fair Trading. Any dispute that is not resolved by negotiation or mediation will be resolved by a court.
21. 24 HOUR ACCESS
The Gym will be unsupervised at times and by acknowledgement of these Terms the member understands the risks involved and holds no liability to the Gym or its staff or directors. If training alone, it is advised to use the after-hours distress necklace located under the key holder. All swipes are monitored by our camera system so any members bringing in guests without approval will be banned from the Gym and will incur a $50.00 once off visit fee for their guest.
All facilities are under constant camera surveillance for the protection of the facility and its members. CCTV footage at our facilities is done so in accordance with relevant state legislation. Any footage taken is viewed only by GeekFit for the purposes of monitoring our facilities and for the protection of our members. GeekFit reserves the right to keep and use footage for legal proceedings relating to conduct inside the gym. We are also required by law to provide copies of requested CCTV footage to police and governing bodies providing it is requested through the appropriate channels.
The member acknowledges that at times the Gym may be unsupervised. By acknowledgement of this document, the member hereby confirms that they have read and agree to all of the above terms and conditions.
24. COMPLIMENTS AND COMPLAINTS
Compliments and complaints regarding our facilities or service can be made in person at any of our facilities, sent to our postal address or can be emailed to our customer
relations team. The contact details are as below:
Email: ATT: Customer Service Team
Post: ATT: Customer Service Team
2B/88 Summers Road, Summer, QLD 4074
Approved by C Prior - Director
Date: 12th January 2021