Terms & Conditions
These are the Terms and Conditions on which RS Fitness (“we” or “us” or “our”) is willing to provide membership to The Athletic Club™ to you. Any variation to these Terms and Conditions must be in writing and signed by our authorised officer.
THIS IS AN IMPORTANT DOCUMENT – PLEASE ENSURE YOU READ IT CAREFULLY
THIS IS PART OF YOUR CONTRACT
- 1. Services
The services we will provide to you as part of your membership vary depending on the membership type selected by you in the Membership Application.
We may provide additional services to you such as personal training, program design and fitness reassessment you request at an additional charge.
Details of our services are described in our Services & Pricing Schedule as notified to you through handouts and our website and as may be updated from time to time.
- 2. Contract Rectification
We have seven (7) days after the formation of the Contract to rectify any error or miscalculation provided in this Contract.
- 3. Termination by You for convenience
You may terminate the Contract at any time for convenience by giving us written notice. Your membership will expire at the end of the month after the month in which you give us notice. You must continue to pay us the membership fee until your membership expires.
You may terminate any additional service (including personal training) at any time for convenience by giving us written notice. You must continue to pay us the fee for the additional service until the end of the month after the month in which you give us notice.
- 4. Termination by You for other reasons
You may terminate the Contract at any time by giving us written notice if:
- if we are in breach of our obligations under the Contract and we have not remedied that breach within a reasonable time after you have notified us of our breach in writing;
- you produce supporting documentation to our reasonable satisfaction to demonstrate that you are suffering from a permanent physical incapacity that would prevent you using the facilities at The Athletic Club™; or
- we make amendments to these Terms and Conditions (other than a change to the membership fees applicable to your membership or any other fees) and you do not continue to use the facilities at The Athletic Club™ as contemplated by clause 26.
If you terminate the Contract under this clause, your membership will expire at the end of the month in which you give us notice. You must continue to pay us the membership fee and any other fees until your membership expires.
- 5. Termination by Us
We may terminate the Contract immediately if:
- you breach the terms of the Contract; or
- you do not pay the membership fee or any other fees that you owe to us within seven (7) days after receiving written notice of the overdue payment from us.
- 6. Consequences of Breach by You
In addition to any other remedy we may have at law, if you breach the terms of the Contract or fail to pay any amount you owe to us under the Contract by the due date:
- we may suspend your membership and use of the facilities at The Athletic Club™; and
- charge you interest on any amount owing to us at a rate equal to the Reserve Bank of Australia cash target rate plus a margin of 5%, payable from the date the payment was due until the date the payment is actually made.
- without limiting the above, if the Contract is terminated because you have breached a term of the Contract, you must pay us the membership fee and any other fees until the end of the month in which you breach the Contract.
- 7. Membership key
We will provide you with a membership key at the start of your membership. The membership key remains the property of RS Fitness and must be returned at the end of your membership or on request. If you lose your membership key during your membership, or you do not return your membership key at the end of your membership or on request, you will be charged the membership key replacement fee.
- 8. The Athletic Club™ Rules
You must ensure you read, understand and abide by The Athletic Club™ Rules which are notified to you through signage, hand-outs or our website. They are also attached to this Contract.
We may amend The Athletic Club™ Rules at any time to ensure the effective operation of The Athletic Club™.
If you fail to comply with The Athletic Club™ Rules you may be asked to leave the premises.
The Athletic Club™ Rules form part of the Contract and a breach of The Athletic Club™ Rules is a breach of the Contract.
- 9. Right of Exclusion
We can refuse entry to The Athletic Club™, cancel your membership and/or terminate the Contract without warning or notice for inappropriate threatening or harassing behaviour, damaging equipment or facilities or use of illegal or performance enhancing drugs in The Athletic Club™.
- 10. Payment of Fees
You must pay us:
- the membership fee in the manner specified in the Membership Application; and
- the fee for any additional services provided by the RS Fitness and its contractors at the then current rate and frequency set out in The Athletic Club™ Services & Pricing Schedule as notified to you through handouts and our website and as may be updated from time to time.
Direct Debit Service Provider: You acknowledge that, if you choose the periodic billing option, payment will be made in advance via the direct debit service provided by Ezidebit Pty Ltd (“Direct Debit Service Provider”). You acknowledge that you have been provided with a copy of the Direct Debit Service Provider terms and conditions. You acknowledge that the Direct Debit Service Provider may amend those terms and conditions from time to time by giving 14 days notice by communicating an updated version on the Direct Debit Service Provider website, being www.ezidebit.com.au. You may contact the Direct Debit Service Provider on 1300 763 256.
Payment: All fees may be recovered from your nominated credit/debit account (as provided from time to time). Any bank fees charged to us because of a rejection when collecting your due fees may be charged directly to you by us or the Direct Debit Service Provider. If a fee payment remains outstanding, you agree that, unless we are in breach of our obligations under the Contract, we or the Direct Debit Service Provider may continue to debit the nominated credit/debt account for the total amount due without notice to you.
Direct Debit Service Provider Fees: Fees may include a fee payable for the service provided by the Direct Debit Service Provider.
- 11. Fee Increase
We reserve the right at any time to increase the fees to be charged. If we increase fees we will provide at least sixty (60) days prior notice of the increase by post or email to the addresses provided by you in the Membership Application. Following such notice, you authorise us to increase any direct debits to your credit card or bank account which you have authorised upon joining from the start of the following month. We will not use this right to vary the terms on any special offer which applies to you.
- 12. Direct Debit Service Provider
You acknowledge that the Direct Debit Service Provider is not a party to the Contract and its only role is to provide direct debit services to us. You may have separate rights against the Direct Debit Service Provider pursuant to the Direct Debt Service Provider terms and conditions. You otherwise agree not to hold the Direct Debit Service Provider liable for any actions, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs and expenses arising from or in connection with your involvement in fitness activities in The Athletic Club™ or otherwise in connection with the Contract.
- 13. Acknowledgement of Risks and Injury
You acknowledge that any services supplied to you under the Contract are “recreational services” within the meaning of section 139A(2) of the Australian Consumer Law (“ACL”) and that the activities you may undertake while using the facilities or equipment at The Athletic Club™ can be dangerous and by participating in those activities you are exposed to particular risks, including:
- you may be injured, physically or mentally, or may die, for example, whilst in The Athletic Club™ you may suffer injuries including broken bones, soft tissue injuries and joint injuries. Any injuries suffered by you may occur as a result of weights striking you, collision with equipment or other members or as a result of you slipping on wet flooring;
- your personal property may be lost or damaged;
- other users of The Athletic Club™ may cause you injury or may damage your property; and
- you might cause injury to others or damage their property.
- 14. Release and Indemnity
Subject to clauses 15 and 16, you:
- agree to participate in the activities you undertake while using the facilities or equipment provided at The Athletic Club™ at your sole risk and responsibility: and
- you release and indemnify us, and our employees, contractors and agents from all liability and responsibility whatsoever for:
- 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 other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
- 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.
- 15. No representations
Terms, conditions, guarantees and warranties implied by law which cannot be excluded, restricted or modified apply to our supply of services to you to the extent required by that law.
We exclude to the extent permitted by law all other terms, conditions, guarantees and warranties which might be implied into the Contract.
You do not rely on any representation, guarantee, warranty or other provision made by or for us or our employees, contractors or agents, which are not expressly stated the Contract.
- 16. Limitation of Liability
To the extent permitted by law, our maximum aggregate liability to you for a breach under or in connection with the Contract (whether in contract, tort (negligence) or otherwise) is limited to $40.00.
Any liability of RS Fitness for loss or damage sustained by you will be reduced proportionately to the extent that:
- such loss or damage has been caused by your failure to comply with your obligations and responsibilities under the Contract; or
- your negligence has contributed to such loss or damage.
- 17. Risk Management
To mitigate risk and ensure that you correctly operate or use any of our facilities, services, products or equipment, including the adjustments of levels or settings on any equipment, you are required to undertake an instructional consultation with a member of our staff before use.
- 18. Responsibility for Damage
You are solely responsible for any damage which you may cause to RS Fitness, The Athletic Club™, its facilities, services, products or equipment, if such damage is caused by your wilful act or omission, and/or negligence.
- 19. Disclosure of your Physical Condition
Provision of a safe and effective exercise program is dependent upon accurate health and fitness profiling. You agree to disclose to us all relevant personal health and fitness information both prior to and during engagement in any exercise program, service or facility we provide to you, as a part of your membership. This is inclusive of any health risk assessment, initial and periodic fitness assessment and relevant information or recommendations provided by your medical or allied health practitioner/s. You further warrant and represent that you will not use The Athletic Club™ or any of our facilities, services or products whilst you are suffering from any infections or contagious illness, disease or other ailment or whilst you are suffering from any physical ailment such as open cuts or sores or minor infections where there is a risk, however small, to other members and guests.
- 20. Change of Details
You must keep us promptly informed of any change of address, phone contact numbers, email address, bank account and credit card details for payment and any other personal information that is relevant to your membership with us.
- 21. Contractors
Contractors and franchisees may provide services at The Athletic Club™. You hereby agree not to hold us liable and you agree to indemnify us and keep us indemnified for any claims suffered by you as a result of an act or omission by a contractor or franchisee in The Athletic Club™.
- 22. Assignment
You must not assign any rights or benefits under these Terms and Conditions unless you have obtained our prior written consent. We may assign or transfer any rights or benefits under these Terms and Conditions at any time without notice to you. However, we will remain liable to meet our obligations to you under these Terms and Conditions and the Contract.
- 23. Intellectual Property
These Terms and Conditions do not give you any intellectual property rights in RS Fitness, The Athletic Club™, or in our facilities, services or products.
- 24. Privacy Statement and Acknowledgement
During the process of entering into the Contract with you and during the term of the Contract we will obtain access to certain types of your personal and sensitive information, such as information relating to your health and financial position. We will only use and the Direct Debit Service Provider will only use, disclose or deal with such information in accordance with our Privacy Statement. A full copy of our Privacy Statement is shown on our website.
- 25. Governing Law
This Contract is governed by, and you agree to submit to, the laws applicable in the state of New South Wales.
- 26. Variation
We may, subject to your rights in clause 4, alter these Terms and Conditions or The Athletic Club™ Rules at any time upon thirty (30) days written notice. All use of The Athletic Club™ and its facilities, services and products after the date specified in such notice will be subject to such altered Terms and Conditions and/or The Athletic Club™ Rules. If you continue to use The Athletic Club™ and its facilities, services and products after the date such alterations become effective or otherwise demonstrate by your conduct that you agree to the altered Terms and Conditions and/or The Athletic Club™ Rules, you will be deemed to have agreed to the altered Terms and Conditions and/or The Athletic Club™ Rules.
- 27. Your Obligations
You acknowledge that the Consumer Credit Code does not apply to these Terms and Conditions.
If, at any time:
- you believe that you may not or may be unable to perform or comply with your obligations under these Terms and Conditions;
- you are unable to pay any fees, including any instalment of fees, as they fall due for payment;
- a cheque received from you is dishonoured;
- you are or become bankrupt; or
- a fee payable by you is overdue and is not paid in accordance with these Terms and Conditions in circumstances where we have not breached our obligations under the Contract,
you agree that:
- you will immediately notify us that one or more of the above notifiable events has occurred and you will keep us notified on a monthly basis until such notifiable event no longer exists;
- we have no obligation and will cease to allow you to use any of our services or products available to you under your membership while a notifiable event exists;
- we may terminate the Contract with immediate effect by providing you with written notice;
- we may request payment in advance for the remainder of the term of your membership; and
- we have no obligation to respond to any offer you make to extend or renew your membership while a notifiable event exists.
- 28. Severability
If any part of this Contract is or becomes illegal, void or unenforceable, this does not invalidate the rest of this Contract.
THE ATHLETIC CLUB™ RULES
You are prohibited from entering The Athletic Club™ unless you have first read and agreed to be bound by these rules
To help ensure your safe use and enjoyment of our facilities, we have established the following rules and regulations that we require everyone to follow. Please note that from time to time we may find it necessary to amend or add to these rules and regulations. Rules and regulations may also be orally communicated to you or contained on signs posted in the club or on our website. Please review and familiarise yourself with them. Please contact the club manager if you have any questions.
All visitors and users of The Athletic Club™ and its facilities must agree to be bound by the following rules (“The Athletic Club™ Rules”). We only authorise entry or use of The Athletic Club™ subject to The Athletic Club™ Rules. If you have any questions about The Athletic Club™ Rules, please ask one of our authorised representatives before you enter The Athletic Club™.
The activities you may undertake while using the facilities at The Athletic Club™ can be dangerous and by participating in those activities you are exposed to particular risks including injury, death, and loss or damage to personal property. To the extent permitted by law, all individuals who enter The Athletic Club™, or use the facilities within, do so at their own risk.
All members and guests must check-in at reception upon entering The Athletic Club™. Members must swipe their membership key through the reader at reception. A fee shall be charged for lost or stolen keys.
All entrants under the age of 16 must be accompanied and supervised by an adult at all times, or they must be booked into a Personal Training Session.
Any person who enters The Athletic Club™ must:
- behave courteously and move carefully while using the facilities or equipment;
- not run or engage in disorderly, violent or aggressive behaviour;
- not smoke, consume drugs or alcohol or use the facilities or equipment while under the influence of drugs or alcohol;
- not use any equipment if you are unsure of the correct way to use the equipment. If you are unsure, always ask one of our authorised representatives for assistance;
- always obey the directions of our authorised representatives. E.g. you must stop exercising or leave the premises if directed;
- for health and hygiene reasons, all users must use a towel when using benches and similar equipment and wipe equipment down after use with the sanitising wet wipes provided.
- wear appropriate clothing and safe footwear – no bare feet, thongs or sandals outside the shower areas;
- return equipment to its correct storage position and return all weights and barbells to their appropriate racks, immediately after use;
- report the presence of any damaged or faulty equipment to one of our authorised representatives and must not use any damaged or faulty equipment;
- not touch or tamper with any audio visual, computer or electronic equipment belonging to The Athletic Club™; and
- not bring personal belongings or your gym bag onto the fitness floors.
Lockers are available for use only by members. We recommend that members and guests do not bring valuables into The Athletic Club™. DO NOT LEAVE VALUABLES UNPROTECTED. WE ARE NOT RESPONSIBLE FOR LOST OR STOLEN ARTICLES. Pursuant to your membership contract, you have waived any right to sue the club for lost or stolen articles. Due to the limited number of lockers available, we cannot allow lockers to be left occupied overnight. When this occurs, the lockers may be opened and any personal articles in the locker may be placed in the lost and found. We accept no responsibility for articles left behind. The Athletic Club™ personnel are not allowed to accept responsibility for personal articles. Please see reception in regards to items lost or found.
Food is permitted only in The Athletic Club’s™ café area and not inside the locker room or in any wet or exercise areas. You may carry beverages in covered plastic containers only during your workout; no glass containers are permitted in The Athletic Club™. Please properly dispose of all plastic bottles and garbage in the bins provided.
Always manage your own health and fitness – take the time for periodic medical assessments just to be sure!
If you have any questions, please feel free to consult any member of our staff for assistance. We look forward to helping you improve your health and fitness. The Athletic Club™.