Terms and Conditions

1. Club Rules: The member agrees to abide by all the rules of conduct, dress, equipment and facilities that the club may establish from time to time.
2. Health & Safety: You agree to provide us with all relevant health and fitness information before or during any exercise. Each time you use the facilities and services, you must ensure you are in good physical condition and know of no medical or other reasons why you should not exercise. If unsure, you should seek medical guidance.
3. Membership Key Fobs: You will need your membership access key to access the club and must swipe this each time you use the facilities and services. Failure to produce your current membership card could result in a casual visit. There will be a $20 replacement fee for lost cards. Access cards are not transferable to another person.
Access cards are not transferable to another person.
4. Damages: Any person causing damage to equipment or the facility through careless or neglectful use will be responsible for the repair or replacement thereof.
5. Admission: The management of Bodyfit shall have the absolute right to refuse admission to the premises to any person, including a member. Bodyfit also reserves the right to cancel any membership of any person acting in a manner contrary to any of the rules, regulations or conditions of membership. A tailgate fee of $25 will be charged via direct debit if you allow another person to access the club without permission, and/or your membership may be suspended or cancelled. Any such person having their membership cancelled will not be eligible for any rebate or refund. Bodyfit also reserves the right to cancel any membership of any person acting in a manner contrary to any of the rules, regulations or conditions of membership. Tailgate fees will be charged if you allow another person to access the club without permission, and/or your membership may be suspended or cancelled. Any such person having their membership cancelled will not be eligible for any rebate or refund.
6. Attire: You understand that appropriate active wear attire and enclosed footwear must be worn at all times whilst at the club.
7. Personal Hygiene: Towels must be used at all times. Please place towels on benches/seats and wipe down equipment after use. Sanitising stations are provided in the club for your use. Bodyfit towels can be purchased from reception.
8. Equipment: Please take care to use the facilities and services safely and properly. If you are ever unsure how to operate any equipment properly, you must ask club staff before using it. All Dumbbells, barbells & weight plates are to remain in the free-weights area only.
9. Member Courtesy: Members are to be respectful to neighbours and refrain from grunting and yelling whilst inside the club. If you disrupt other members and staff, you will be asked to leave; in extreme cases of disruption and inappropriate behaviour, your memberships will be cancelled with no refund. The manager of the facility determines the extremity of behaviour.
10. Consent to use your image: You understand that photos, films, videos or audio recordings are sometimes taken of members for promotional purposes. Your permission will first be obtained if this is done. By signing this agreement you agree to allow your image or recording to be used for any purpose by us and assign your rights in any of these materials to Bodyfit.
11. Security 24-Hour CCTV: Club premises have CCTV security cameras recording 24 hours a day and may have remote video or other guarding services. You should discuss this with the club staff if you have any questions.
12. Emergencies: Clubs have an emergency phone, panic button and security lanyards (where required) for safety and security reasons and to alert a security company in emergency situations. You must understand these are for situations where you are or feel threatened or need medical help and agree to use it only in an emergency. If you deliberately use emergency equipment inappropriately, you agree to pay for any costs, loss or damage incurred as a result of inappropriate use. You agree to follow the reasonable direction of a club staff member relating to health, safety or security or related matters.
13. Loss of Property: You agree not to unnecessarily bring valuables into a club and agree that it is not the obligation of the club to look after unattended items.
14. Temporary Club Closures: We may need to close our club for a period of time, for example, due to an emergency, or if required by law, and keep charging membership fees. If we close the club we will keep charging membership fees as you will be free to use another club at a different location. If you are not able or willing to use another club we will freeze your membership at no cost to you and extend your agreement for a time equal to the close period. We will try but cannot promise we will be able to tell you about any club closures in advance.
15. Permanent Club Closures: Unfortunately, there are circumstances which may occur that may lead us to permanently close one or more of our club locations (including but not limited to, the end of a lease period or other circumstances). You will be notified in advance of a permanent club closure (either by email or by notice posted within the relevant club). Upon a permanent closure, we will continue to charge membership fees due to the reciprocal (all sites) nature of our memberships as you will be free to use on of our other clubs at a different location. The permanent closure of a club site does not invalidate your membership as you may continue to use your membership to access our clubs at alternative locations. Should you not wish to continue with your membership by attending another club site upon the permanent closure of the club that you initially signed up to, you may notify us of such cancellation by providing 30 days’ prior notice in writing. No additional charges or minimum term payments will be applied to cancellations made as a result of the permanent closure however you will be responsible for payment of fees until the expiry of the cancellation notice period.

Membership Conditions
16. Memberships are not refundable for both paid in full and direct debit memberships.
17. The memberships purchased are reciprocal (all sites) in nature. This means that use of your membership is not limited to a specific club site, and can be used at any of our club sites.
18. All direct debit memberships are ongoing after the completion of minimum term unless written notice has been provided to the Home Club via the Club contact details as listed on the website 30 days prior to the end of minimum term. Minimum term is calculated by the total contract value.
19. Paid in full Membership Fees: Paid in full memberships are fixed agreement terms and will expire when the minimum term ends. You will need to sign a new agreement if you want to keep using the facilities and services after this date.

Under 18 Years of Age Policy
20. Anyone aged 18 or over can join the club and participate in all activities, either supervised or unsupervised.
21. 14 – 17 years of age:
a) The child must be accompanied by an adult/guardian on their first visit to Bodyfit, they must have a parent/guardian countersign the Bodyfit Pre Exercise Screen and have a compulsory Tour with a Bodyfit staff member.
b) They may attend the gym without adult/ guardian supervision.
c) Are eligible to join the gym or visit on a casual basis subject to the casual visit requirements.
d) Must complete a pre-exercise screening questionnaire and disclosure prior to commencing any training and it must be signed in person by a parent/guardian.
e) Parent/guardian approval is required to join as a member;
f) Must attend during staffed hours only.
g) Can use resistance/weight-based equipment unsupervised as long as:
• Parents have signed the disclosure statement/waiver. • A pre-screening questionnaire assessment has been performed by a qualified staff member.
22. 12 – 13 years of age
a) The child must be accompanied by an adult/guardian on their first visit to Bodyfit, they must have a parent/guardian countersign the Bodyfit Pre Exercise Screen and have a compulsory Tour with a Bodyfit staff member.
b) The child MUST have a paying adult accompany (via a Bodyfit membership; Fitness Passport or casual visit) them on each visit to the gym.
c) The parent/ adult must be in the gym at all times whilst the child is in the gym. If a child is seen to be in the gym without a parent/carer their parent/carer will be notified and requested to come and collect the child immediately and will be unable to continue to train.
23. 6 – 11 years of age
a) Are NOT eligible to join the gym as a member (Kidsfit member only);
b) You will need to complete a pre-exercise screening questionnaire, signed
by your parent/guardian, prior to commencing your program
c) Must attend during staff hours only.
d) Can participate in structured or supervised programs at the club.
e) Cannot participate in unsupervised resistance/weight-based training
or classes.
f) Cannot use cardiovascular equipment unsupervised.

Cancellations
24. To cancel your membership once the minimum term is completed, you must provide a request in writing with a notice period of 30 days. Your debits will continue for the duration of the notice period and any overdue fees must be settled on the account for cancellation to occur.
25. To cancel your membership whilst still within minimum term, you are liable to pay 75% of your remaining contract balance or pay 30 days notice, Whichever amount is greater.
26. Pre-Paid/Upfront Memberships are fixed agreement terms and will expire when the minimum term ends. You will need to sign a new agreement if you want to keep using the facilities and services after this date.

Cooling Off Period
27. All direct debit memberships are subject to a seven (7) day cooling off period. Pre-Paid/Upfront memberships are not subject to a cooling off period.
28. The cooling off period applies to new direct debit memberships only and does not apply to membership transfers or renewals.
29. The cooling off period starts from the date the Agreement is entered into (the date the Agreement is signed) and ends at close of seven (7) days later.
30. Your membership can be cancelled during the cooling off period by providing written notice to the Home Club via the Club contact details as listed on the website.
31. All monies paid will be refunded with the exception of the joining fee which shall be payable by you if your membership card or any other merchandise you received on joining are not returned within seven (7) days of termination of your Agreement.

Permanent Sickness or Physical Incapacity
32. You may terminate your Agreement before the expiry of the Minimum Term if you are sick or incapacitated and time freeze is not a suitable option for your circumstances. You must show us a current certificate from a qualified medical practitioner stating that you cannot utilise any fitness services or facilities foreseeably because of your permanent illness of physical incapacity.

Bankruptcy
33. You may terminate your Agreement before the expiry of the Minimum Term (payment amount) if you are bankrupt and a time suspension is not a suitable option with regard to your financial circumstances. To terminate your Agreement for this reason, you must provide Bodyfit with evidence of a Notification of Bankruptcy from the Australian Financial Security Authority (AFSA), confirming your bankruptcy.

Cancellations After Completion of Minimum Term
34. There will be a notice period of 30 days, from the date of cancellation request to the date of termination, during which any payments that fall due must be paid in full.
35. The notice period will exclude suspension or payment break time applied to your membership.
36. Any instalments/fees due at the date of termination (including instalments/fees which fall due during the notice period) will remain a debt owed to and recoverable by Bodyfit and/or Clubfit.
37. You shall not consider that your Agreement has been terminated until such time as this is confirmed in writing to you by Bodyfit and/or Clubfit (not more than 14 days after the termination date). Termination of your Agreement will also terminate the Direct Debit Request Authority.

Transfer
38. You can transfer your membership to another person (transferee) within the Minimum Term of your Agreement so long as the transferee:
a) Is not a current member
b) Has not been a member in the last 3 months
c) Completes the new membership sign-up process
d) Is eligible to take up your membership (for instance, you cannot transfer
a corporate, Foreverfit, Kidsfit or student membership to someone who would not qualify for that membership); and
e) Has not previously been banned from Bodyfit or failed to pay membership fees.
The transfer is effective only after the transferee has completed the sign-up process. Transferees of a membership are subject to the same membership terms and conditions as the transferor. We do not allow transfers once you have completed your minimum term. You also cannot transfer foundation, family or friends memberships.

Suspensions
39. You can suspend your membership for a minimum period of 2 weeks, up to a maximum of 12 weeks each calendar year at a cost of $5 per week.
40. You must first contact Bodyfit at least 3 days prior to the start date of the suspension.
41. After the period of free membership suspension (if any) in your membership type, any additional suspension shall be charged at a cost of $5 per week.
42. Before suspending your membership, you must make sure your fees are up to date and there are no arrears outstanding on your account.
43. Please note that if you are within your minimum term, any suspensions are not classified as a full payment toward your contract and so your Minimum Period will be extended by the length of any suspension.
44. Note that we cannot backdate any time suspension requests. You must request a suspension three days prior to the start date.

Payments
45. As consideration for receipt of the Services, the Customer agrees to pay the instalment amount at the agreed payment frequency for the term of this Contract. The Customer may alter the payment frequency and/or day to debit by requesting a change with Bodyfit. However, any changes shall not affect the total amount of money the Customer would otherwise be required to pay. Should there be any payments in arrears, the Customer authorises Bodyfit to debit the outstanding balance in order to bring the account up to date.

Reversal Fee
46. A Reversal fee of $10 is payable by the Customer to Clubfit for each reversal of a payment initiated by Clubfit in accordance with this Contract. The Customer authorises Clubfit to add any fees owing under this clause to any future installments paid by the Customer (as a separate payment or otherwise).

Revocation of Membership for Overdue Fees
47. All entitlements and entry into any club may be revoked if your account is in arrears (i.e. not paid up) and you fail to resolve the debt after being provided reasonable notice.

DEBT COLLECTION ACTION
48. The Customer:
a) Authorises Bodyfit to notify any debt collection or credit reporting agency upon default by the Customer in regard to any obligation to pay under this Contract;
b) Agrees to immediately pay the full outstanding balance of the remainder of the payments due, including any current arrears, should a default occur prior to this Contract terminating;
c) Agrees to pay any and all costs incurred as a result of debt collection including the commission, fees and costs charged by any debt collection agency (approximately 25% of the outstanding debt).
d) May return to Bodyfit after debt collection action within 30 days from when the contract was terminated by settling all outstanding late payments, Reversal fees and costs incurred as a result of debt collection. By doing so the customer agrees to reactivate/resume the agreed contract and abide by all terms and conditions.

Exclusion Clause
49. The use of all Bodyfit facilities is undertaken by members and other persons using the premises at their sole risk. Bodyfit shall not be liable for any of the following, whether resulting from the negligence or otherwise of Bodyfit or any of its employees or the negligence of any member or other person using Bodyfit premises.
50. Any claim however arising because of deterioration of health, death, illness, disease or aggravation of an existing medical condition (whether informed to Bodyfit or not) as a result of the participation of any programs, acceptance of the advice or use of the facilities of Bodyfit.
a) Any claims for personal injuries sustained in or about the premises of Bodyfit.
b) Any claims resulting from the loss or damage to property arising from any cause.
51. Members not adhering to these terms and conditions will be reminded to do so by staff. Bodyfit reserves the right to immediately suspend or terminate the membership of those who continue to fail to abide by these rules.

Creche Terms and Conditions
52. The use of all Bodyfit facilities is undertaken by members and other persons using the premises at their sole risk. Bodyfit shall not be liable for any of the following, whether resulting from the negligence or otherwise of Bodyfit or any of its employees or the negligence of any member or other person using Bodyfit premises.
53. Creche bookings via the App only.
54. In order to maintain a high standard of care for your child whilst you enjoy the centre’s facilities, we ask that users of the Creche adhere to the following terms and conditions:
(1) NO FOOD. Due to the increase in childhood allergies, our Creche does not permit food or flavoured liquids. This includes MILK BOTTLES.
55. I understand that I am at all times responsible for my child whilst he/ she attends the Creche and I authorise the staff to seek necessary emergency medical treatment or ambulance service in the event of illness or accident occurring to my child. I will pay any medical and transport costs arising from such action.
56. Cancellation of a booking is required at least 60 minutes prior to your original booking. To cancel, please call the club.
57. Failure to attend the agreed booking time without notifying the club 60 minutes prior to the agreed booking time will result in a no show fee of $10.
58. The age limit for children accessing the Creche is 6 weeks to 12 years old. The maximum time limit for all children accessing the Creche is an hour and a half.
59. During a Creche booking, parents/guardians MUST remain within the grounds of Bodyfit Clubs. Children must be picked up before your booking time ends. If your child/ren is being picked up by somebody other than the parents/guardians provided on the enrolment form, staff must be informed and you will be required to complete an authorisation form to give permission to that person to pick up your child/ren.
60. Please be aware that you may be required to return to Creche if your child becomes distressed and is unable to be settled by staff if your child becomes unwell or needs a nappy change.
61. Please ensure your child’s nappy needs are met before leaving them in Creche. Our Creche provides nappy/baby change facilities. However, staff do not change nappies under any circumstances.
62. Each child must be signed in and out by the parent/guardian on the attendance form on every visit. This form must be filled out thoroughly and legibly as it is used to locate you if your child is unsettled or as a roll in the event of an emergency.
63. On your first visit to Creche, the parent/guardian must complete an enrolment form, for all children attending Creche.
64. Permanent bookings cannot be made. Bookings are taken on a weekly basis, one week in advance.
65. Please do not bring sick children to the Creche. If your child is too sick to go to childcare, they are too sick to come to the Creche. This is to avoid other children and staff members becoming sick. Creche Waiver Food Policy I understand and will comply with the no food policy of Bodyfit Creche. understand and respect that other children may have allergies and will not bring them into Bodyfit Creche.
66. I understand that my duty as a parent/caregiver is to notify the Bodyfit staff if my child has an allergy. Injury & Accidents
67. I understand that if my child is involved in an incident resulting in injury to another child or my child, I will be verbally notified, and if the injury occurs to my child, I will be asked to sign an incident report form.
68. I understand that as a parent/guardian, in the case of an incident, the application of treatment or first aid will be my responsibility.
69. If my child is in life-threatening danger, I give the Bodyfit team permission to call an ambulance on my behalf, and I will be notified immediately.
70. I understand that if my child becomes extremely distressed or unwell, I will be notified and may need to cease my workout. 5. I understand and acknowledge that accidents will happen despite the efforts of Bodyfit staff and that without affecting my statutory rights, I am waiving the right to take legal action against Bodyfit Clubs.
71. I recognise that Bodyfit Creche operates to the national standard childminding ratios and that, at most times, my child will not be given 1:1 attention. 7. I understand that Bodyfit Creche is children minding and not a childcare centre.
72. I understand that if a disease or illness is spread through Bodyfit creche, I will be notified as soon as possible.
73. I will notify the creche staff if my child has been sick after visiting the club. Toilet Training & Nappy Changes 1. I understand that it is my duty to notify Bodyfit staff if my child is currently toilet training. Additionally, I understand that the children will be using the adult toilets under the supervision of the Bodyfit staff.
74. I hereby declare that I have read and understood the above-stated conditions of entry and agree to these.
75. We may transfer this agreement in the future to a club franchisee or a purchaser of our business by notice to you.
76. The undersigned, on behalf of the above-named person, as a condition of use of the Bodyfit Club, waive all rights of course action which the above- named child may have or suffer or sustain in the course or consequence upon attendance of Bodyfit at any time whilst on the premises of the club, which the above-named person attends at their own risk.