TERMS AND CONDITIONS
These are the Terms and Conditions on which Temple Gym (“we”, “us”, “our” or “Temple Gym”) is willing to provide membership to you. Any variation to these Terms and Conditions must be in writing and signed by our authorized officer.
THIS IS AN IMPORTANT DOCUMENT – PLEASE ENSURE THAT YOU READ IT CAREFULLY.
This agreement is made between Temple Gym Pty Ltd ABN 44950620732 and the member whose name appears in the application for membership contract. The member’s name who
appears in the application acknowledges that they are over the age of 18. You acknowledge that you have received a copy of your Membership Agreement. Temple Gym have seven days after the formation of the Temple Gym Membership Contract (“contract”) to rectify any error or miscalculation provided in the contract.
2. Temple Gym Rules
You must ensure that you read, understand, and abide by the Rules (“Rules”) which are notified to you through signage, handouts, or our website (www.templegym.com.au).
3. Entire Agreement
The Rules, these Terms and Conditions and the Application for Membership and Contract form the entire agreement between the parties (The Contract) and any previous representations or documents whether provided by Temple Gym or its agents or employees is excluded from this agreement.
4. Start Date
You understand that your Membership commences on the Membership start date on page one of this Agreement (or when the Club opens in the case of “pre-sales”) unless terminated in
accordance with this Agreement .
5. Membership Card
Membership cards are not transferable and must be shown on every visit to gain entry. Photo identification is necessary with Temple Gym membership purchase and an ID photo will be taken for the Temple Gym database records only. If you allow your membership card to be used by another person for the purpose of obtaining admission, this amounts to the repudiation of the Contract and we may terminate the contract with you paying all monies due under this contract. In the event of a lost or stolen Membership card, you should contact Temple Gym regarding the
reissue of a replacement card. A fee of $15 will be charged to cover the cost of the replacement card.
6. Dress Code
Fully enclosed, clean sports shoes must be worn in all public (non-studio) areas of Temple Gym and during workouts for safety reasons. You are required to wear a singlet or t-shirt at all times in Temple Gym.
7. Towels and Cleanliness
Towels must be used when participating in classes and when exercising on gym equipment to maintain hygiene and safety standards. All equipment used (including bags and mats) must be wiped down with a spray bottle and paper towel after use.
Lockers are available and located in Temple Gym. Please lookafter your personal items, Temple Gym 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 or they will be removed. Temple Gym takes no responsibility for these items.
9. Lost Property
We highly recommend that you use lockers for your belongings. Temple Gym does not take responsibility for loss, damage, or theft of your belongings. Any items of lost clothing will be held
for one month and then donated to charity.
10. Membership Types
Use of the Club’s services and facilities are governed by the Membership Type as listed on page one of this Agreement.
a) Membership Types are :
i. Pre sale special, all access, 12 month contract.
ii. Standard membership, all access, no lock in contract.
iii. Upfront 12 month membership, paid in full
iv. Upfront 6 month membership, paid in full.
11. Cooling Off Period
After applying for membership, you have a seven day period (“Cooling Off Period”) during which you may cancel your membership. Notice must be given in writing. A refund equal to the membership fee and any additional amounts paid minus a Processing Fee and the cost of any fitness services already supplied may be applicable. If you terminate your Contract after the Cooling off Period, different conditions will apply. The following termination clauses outline your right to terminate the Contract and any fees payable in such circumstances.
12. Termination within the Minimum Term
You may only terminate the Contract without additional fees prior to the expiry of the Minimum Term with immediate effect by providing us with written notice if; - We make changes to the Contract which adversely affect you - We breach our obligations to you - You become subject to permanent medical incapacity or - You otherwise become entitled to do so under consumer legislation. A one off $200 cancellation fee will apply , or paying the term of the contract out if these conditions do not apply to your cancellation.
13. Termination after the Minimum Term
If you have a Debited Ongoing Contract you may terminate the Contract after the Minimum Term if you provide us with thirty days written notice. During this notice period, we will continue to debit any scheduled fortnightly payments until the end of the 30 day notice period and you can continue to use facilities for the term of the payments.However, where either of us terminate the Contract, any unpaid fees owing will need to be paid by you or we may take action to recover the outstanding payments. We can refuse you entry to Temple Gym at any time that your membership payments are not up to date.
14. Termination when changes made to Terms and Conditions
You are entitled to terminate the Contract with immediate effect at any time by providing us with written notice if higher membership fees applicable to your membership are introduced or you do not continue to use Temple Gym after an amendment to these Terms and Conditions. No fees will be applicable for terminating in accordance with this clause apart from the Processing Fee, membership fees for the time you have been a member and any additional fees for fitness services already supplied.
15. Termination where we Breach our Obligations
If we are in breach of an essential obligation 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 are entitled to terminate the Contract with immediate effect at any time by providing us with written notice. No fees will be applicable for cancelling in accordance with this clause apart from, to the extent not impacted by our breach, the Processing Fee, membership fees for the time you have been a member and any additional fees for fitness services already supplied.
16. Termination for Medical Reasons
You may terminate the Contract with immediate effect at any time by providing us with written notice and producing supporting documentation to our reasonable satisfaction to demonstrate permanent medical incapacity. In that event, you will only be charged the Processing Fee, membership fees for the time you have been a member and any additional fees for fitness services already supplied.
17. Termination Requests
All Terminations must be made in writing to Temple Gym at least 30 days prior to the cancellation date (after the minimum term specified). Requests via phone, fax, email or other medium may not be processed. All outstanding debt must be settled prior to Termination requests being actioned.
18. Right of Exclusion
We can refuse entry to Temple Gym, cancel your membershipand / or terminate the Contract without warning or notice for inappropriate, threatening or harassing behaviour, damaging equipment or the facility, or use of illegal or performance enhancing drugs within the premises of Temple Gym.
19. Payment of Fees
All membership fees may be recovered from your nominated credit / debit account (as provided at time of signup). Any bank fees charged to us because of a rejection when collecting your due membership fees may be charged directly to you by us. If a membership fee payment remains outstanding, you agree that unless we are in breach of our obligations under the Contract, we may continue to debit the nominated credit / debit account for the total amount due without notice to you.
a) If an Ongoing Contract has been chosen, a pro rata charge for Membership will be made at the time the Membership application is accepted by Temple Gym. This charge is based on the number of days between the Membership Start Date and the First Auto Pay Date shown on page one of this Agreement.
b) Debit/charges will be made fortnightly on Thursday. In the case of new memberships their credit card /bank account will be charged/debited the first Thursday after the Membership Start Date or later date as determined by Temple Gym.
c) Fortnightly Dues are payable in advance.
d) For multiple memberships, the primary member will be responsible for the payment of Dues for all associated Memberships.
e) If you fail to pay your Fees by the due date, Temple Gym reserves the right to refuse entry to the Temple Gym facility until such outstanding payment is received.
f) If for any reason payment of the Member’s Fortnightly Dues is declined by Member’s credit card/bank account a fee of $29.90 per due payment may be charged by Temple Gym and will be payable by Member.
20. Processing Fee
The Processing Fee is a fee used for all set up costs of all new memberships, and those renewing memberships. The processing fee is not refundable even if you chose to cancel your application for membership during your Cooling off Period.
21. Membership Fee Increase
If you have an ongoing contract, we reserve the right at any timeafter the Minimum Term of the Contract, to increase the membership fees to be charged. If we increase the membership fees we will provide at least thirty days prior notice of the increase by post or email to the addresses provided by you in the Application for Membership. Following such notice, you authorize us to increase any direct debits to your credit card or bank account which you have authorized upon joining. We will not use this right to vary the terms on any special offer which applies to you.
22. Outstanding Payments
As a result of outstanding debt, Temple Gym reserves the rights to refer overdue amounts to an external collections agency. In the event of payment defaults you will be liable to Temple Gym for all outstanding monies due and will be liable to pay Temple Gym debt recovery expenses and legal costs.
Except as provided in this Contract all monies are non-refundable.
You can suspend your membership for medical reasons upon provision of satisfactory supporting documentation. Membership suspension, for a period of up to three months, once each calendar year, is available provided that all amounts payable for your membership are paid up to date. All suspension must be applied for in writing to us at least fourteen days prior to the commencement of the suspension period and we reserve the right to refuse any application for freeze at anytime.Debit payments will only be suspended for the direct debits that fall within the suspension period. Suspension dates must coincide with pre existing billing dates. For Pre-Paid Memberships, a Freeze Fee of $10 per fortnight is payable. For Ongoing Contract Memberships, a fortnightly fee of $10 will be debited.
25. Damages / Personal Injury
You are aware that the use of the premises and its facilities and participation in the classes and programs conducted by Temple Gym may involve strenuous activity and risk (special or otherwise) associated with such use and participation.You release Temple Gym and its directors, employees, contractors and agents (the ‘staff’) from all liability and responsibility whatsoever. This includes personal injury, property damage, or death however caused, but not limited to the negligence (whether passive or active) of Temple Gym or its’ staff or any other person using the premises. Please refer to the Civil Liability Act 2002 for more information. (www.legislation.qld.gov.au).
26. Risk Management
To mitigate risk and ensure that you correctly operate or use any of our facilities, services, products or equipment, including the adjustment of levels or settings on any equipment, you are required to undertake an instructional consultation with a member of our staff before use. Certain areas of the club such as the steam room carry increased risk to your health. You ensure that you are able to enter these areas without risk, before doing so.
27. Responsibility for Damage
You are solely responsible for any damage which you may cause to Temple Gym, its facilities, services, products or equipment, if such damage is caused by your willful act and / or negligence.
28. Disclosure of your Physical Condition
Provision of a safe and effective exercise program is dependent upon accurate health and fitness profiling. It is your responsibility to seek medical clearance prior to commencing any exercise program. 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 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 practitioner. You further warrant and represent that you will not use Temple Gym or any of our 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. We reserve the right to refuse entry or terminate memberships based on health reasons for the safety of our members.
29. Change of Details
You must keep us promptly informed of any changes 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.
Contractors may provide services at Temple Gym. Fees for such services are paid directly to the contractors (these may include, but are not limited to Personal Trainers and Instructors).
We take no responsibility for the fees paid to these contractors. Any claim which you might have as a result of an act or failure to act by a Licensee (whether or not payment has been made to the Licensee) will be brought against, and will be the responsibility of that Licensee and not Temple Gym. 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 negligence by a contractor.
31. Interruption of Services
As a result of repair, maintenance or special occasions, Temple Gym may be required to restrict the use or temporarily close or halt Temple Gym 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. Temple Gym manned hours of operation may be modified from time to time without prior notice to Member. Temple Gym 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. Temple Gym may from time to time reserve the use of its facilities for special events, competitions and private functions.
You acknowledge that Temple Gym reserves the right torelocate club premises. If the new premises exceed three kilometers from its original location then you may apply for the termination of this Membership, in which case a refund of the unused portion of the Membership less the processing fee will be calculated.
You agree that any such move of less than three kilometers does not entitle the member to terminate the Membership. You expressly acknowledge that Temple Gym reserves the right to change the nature, format, presentation or number of services and facilities as deemed suitable. As much warning of any changes as is practicable, will be provided for your information at the Club, and / or on the website.
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.
34. Intellectual Property
These Terms and Conditions do not give you any intellectual