TERMS & CONDITIONS

The Manager is engaged by the “Club” (Energy Fitness Centre) to operate and manage the Health Club

CONDITIONS OF MEMBERSHIP

  1. The member is entitled during the Membership Period to unrestricted use of the Health Club facilities subject to the conditions of this Agreement and the Rules and Regulations (which the member acknowledges having received).
  2. The Member’s rights will be automatically suspended (at the discretion of the manager) if the Member is in default in making any payments required under this Agreement. If any installment of the Membership Fee is not paid on the due date then the whole of the balance of the membership Fee then outstanding will at the Manager’s option become immediately payable upon demand.
  3. Non-use of the facilities by the member gives no right to a rebate, cancellation or refund of the Membership Fee. If the Health Centre remains closed during the hours of opening then current under the Regulations (“Hours of Opening”) for any reason (customary and statutory holidays excluded) the member’s membership will be automatically extended for an additional period equal to the duration of the closure.
  4. Outside cooling off period a cancellation fee of $199 is applicable.
  5. The Member accepts Energy Fitness Centre reserves the right to incrementally increase all club memberships at any time.
  6. The member may not transfer its rights under this Agreement but the Club and the Manager may transfer their rights on notice to the Member.
  7. The Member warrants (as fundamental condition of this Agreement) that the member is:
    - Medically able to participate in physical exercise and to use gymnasium facilities; and
    - not aware of having and physical or mental disability conditions or disease which might be aggravated or worsened by physical exercise or which could result in  
      deterioration of health if physical exercise is undertaken.
  8. The Member acknowledges that the Club and the Manager offer no warranty that the programs, advice or facilities available to the Member are approved by any medical or other authority.
  9. The Member indemnifies and releases the Club and the Manager, and their employees, agents and contractors, from any claim:
    - arising by reason of the Member suffering disease, deterioration of health, illness or aggravation of any condition of ill health as a result of participation in the  
      programs, acceptance of advice, or use of Health Centre facilities; or
    - for personal injury sustained by the Member in on or about the Health Centre; or
    - that the Club, the Manager, or any employee, agent or contractor of the Club or the Manager is negligent.
  10. The Member accepts that with any physical activity, including the activities on offer at Energy Fitness Centre, there is a risk of either minor or major accidents, illness, sickness, injury or death occurring. The Member acknowledges that the Member uses the Health Club and facilities at the Member’s own risk.
    The Member has been supplied with a pre-exercise questionnaire relating to the Member’s fitness to participate in the services offered by the Club and the Manager, or to use the facilities provided on the premises. The rights and obligations under clauses 9 and 10 of this Membership Agreement will not be affected if a Member has given answers to a pre-exercise questionnaire, which indicate that he or she has an injury or a risk of injury from participating in any services provided, by the Club and the Manager.
    If the Member has given answers to a pre-question questionnaire which indicate that he or she has an injury or risk of injury from participating in any services provided by the Club or Manager the member must not use the facilities or services offered by the Club and the Manager unless he or she has obtained appropriate medical or health advice in relation to the Member’s use of or participation in any facilities or services offered by the Club and the Manager, and has provided that medical or health advice to the Club and the Manager.
  11. The Club and the Manager do not act as a bailee of the Member’s property and the Club and the Manager will not be liable for loss of or damage to the Member’s property.
  12. The Member warrants that the Member and any guest introduced by or accompanying the Member in the Health Club will obey all rules and regulations and any lawful and reasonable direction of the manager and that they will not conduct themselves in any way which presents a danger to or creates a nuisance for the Club and the Manager or other members or persons using the Health Club.
  13. Despite any other provision in this agreement the Club and the Manager reserve the right to cancel this agreement at any time by notice in writing without giving reasons and without compensation but the Member must receive a refund of any moneys paid and attributable to the remaining Membership Period after that cancellation.
  14. Except as prevented by fires, war, strikes, government regulations or similar causes, the Company will during the Membership period maintain the Hours of Opening and in the event that the Health Club   facilities regularly used by the member are closed for any reason the Member agrees to accept similar substitute facilities within a reasonable distance from the Health Club.
  15. This agreement of itself does not confer upon  the Member any interests in any assets of the Health Club or the Club and the Manager or any right to participate in the management of the Health Club, its premises and the Health Club facilities or in the profits or assets of the Club and the Manager.
  16. The Club and the Manager have the right to amend the Rules and Fitness Services Provided Regulations at any time without notice.
  17. If a Member is under 18, the Guardian:
    - consents to the Member being a member of the Health Club:
    - has read and understands this agreement: and
    - will use reasonable all endeavors to ensure that the Member complies with this Agreement.
  18. In accordance with the Fitness Industry Code of Practice:
    - if the Membership Period is 3 months or more then the Member has a 7 day cooling off period from the date of this Agreement to terminate the Agreement on written notice: and
    - if the Member terminates this Agreement during the cooling off period then the Member is entitled to a refund of the Membership Fee (less the reasonable costs of any services provided plus a reasonable administrative fee).
  19. In this Agreement unless the contrary intention appears:
    - the singular includes the plural and vise versa:
    - a reference to a party includes that party’s members; and
    - “Member” includes the guardian of the Member if the Member is under 18.
  20. Membership suspension/time stop is available for a minimum of two (2) weeks and a maximum of six (6) weeks with any 12 month membership term. Further extensions will not be granted under any circumstances including but not limited to illness or injury.
  21. The Member consents to and authorizes the use and reproduction by the Club and its agents, of the following items relating to the members participation in the Clubs activities:
    - photographs, results, comments and testimonials both written and recorded on audio and/or video, first name and initial, suburb and age.
    - The Member fully understands that’s the above information may be used for advertising purposes now and/or anytime in the future. The Member also acknowledges that the Member, or any successor, assignee or heir is not entitled to any compensation now and/or in the future for any or all use of said items of information.
  22. Any Renewal/Extension of this Membership Agreement is undertaken with the understanding that the fore mentioned ‘Conditions of Membership’ apply on full to any additional term.
  23. The Member acknowledges that during such times whilst on Energy Fitness Centre premises that their child / children are there at the Members own risk and will not hold Energy Fitness Centre liable.
  24. The Member acknowledges that any hot / cold beverages or food consumed, spilt, knocked, bumped is at the Members own risk and will not hold Energy Fitness Centre liable for any burns, cuts or injuries incurred.