Gym Memberships

MEMBERSHIP TERMS & CONDITIONS I understand that the risk of injury from activities carried out at Aimz Fitness or any fitness club is significant, including permanent paralysis and death, and I KNOWINGLY ANDFREELY ASSUME ALL SUCH RISKS, both known and unknown. I acknowledge that this is an unsupervised fitness club and assume all risks associated with using exercise equipment in Aimz Fitness without the aid and supervision of staff members on the premises. I understand that Aimz Fitness is a privately owned fitness club and HEREBY RELEASE,INDEMNIFY, AND HOLD HARMLESS THE CLUB AND PROPRIETORS, and their respective owners, officers, managers and affiliates, agents and employees (”releases”)WITH RESPECT TO ANY CLAIM OR DEMAND WHICH MAY ARISE IN RESPECT OF ANYINJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE to any person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASES or otherwise, that may arise out of or in connection with my use of the equipment or the facilities at the club premises or any incident that occurs while using the club’s facilities or engaging in club activities, or off the club premises or, otherwise related to my club membership .I will keep the Releases' indemnified against all claims, actions, losses and expenses of any nature which the Releases' may suffer or incur or for which the Releases' may become liable in respect of or arising out of: a) The neglect or careless use or misuse by myself under my control of the club facilities or equipment. b) Any accident or damage to property or persons arising from any occurrence in or near the Club’s facilities, solely or in part by reason of any act of omission by myself or any guest under my control. I expressly agree that this release is intended to be as broad and inclusive as permitted by the law and if a portion of this release is held invalid, the balance shall remain in full force and effect. This release shall apply to my heirs and assigns and in case of a family membership, to any minor included in my membership and on whose behalf, I hereby sign as parent/guardian. I understand that the club is relying on this release in agreeing to enter into this Agreement. Definitions In this agreement, the following terms apply:● Agreement: the Membership Agreement made between you and Aimz Fitness.● Club: means the Aimz Fitness club where you applied for your membership as described in this Agreement.● Cancellation: a Member must provide written notice to their Club or to Xplor Gym of their intention to cancel the membership.● Early termination: means a cancellation inside the minimum contract term of the Membership.● Early termination fee: $200.00● Facilities: refers to the facilities available at the Club that your membership belongs to and includes, but is not limited to, bathroom and changing facilities, showers, and other facilities located inside your Club that are available to members of Aimz Fitness.● Aimz Fitness: includes heirs, estates, agents, representatives, officers, directors, contractors, shareholders, successors, affiliates, subsidiaries and employees.● Member: the person entering into this Agreement for the purpose of accessing the Facilities and Services at Aimz Fitness.● Minimum term: means the agreed minimum term for this Contract as set out in the Payment Plan Section.● Services: refers to the services available to members or customers at Aimz Fitness that may be included in your specific membership type or available as a service that is additional to your membership. Services may include, but are not limited to, strength and resistance training equipment, cardio equipment, free weights and accessories, group fitness classes, small or large group training sessions, personal training sessions, nutritional and exercise advice and expertise.● Suspension: means a member may request a temporary hold on their membership and payments for medical, health or personal reasons.● Transfer: means a membership may be transferred to another member. Associated fees and a transfer fee of $60.00 applies (payable in the club).● You: the person described in this agreement who is applying for the Aimz Fitnessmembership.1. Membership1.1. Nature of membership: Your membership permits you to use Aimz Fitness premises, facilities, equipment, and services as defined by the membership type selected upon joining. Your membership is non-transferable by you unless deemed appropriate by Aimz Fitness management. Aimz Fitness reserves the right to sell memberships at different rates and terms. Membership fees and rates are determined by average regional operating expenses for the business and consider the local market within a particular region.1.2. All club privileges: Your membership entitles you to utilise Aimz Fitness using your 24/7 access key, provided that you are not in breach of any part of this agreement or rules posted in the club, or your membership is not in arrears, or unless otherwise stated in the special Conditions or terms and conditions of a specific membership type. An overdue membership may mean your key tag is inactive until all arrears have been paid in full or a payment catch-up plan is in place. Casual membership types do not include Reciprocal Access.1.3. Membership transfers – Paid Upfront: Members who have paid for an upfront membership are able to transfer the remaining portion of their membership to another member / non-member for a fee of $60.00 (payable in the club) if both the departing and receiving person agree, and the new member purchases a key tag plus pays any associated joining fees correlated with the membership.1.4. Membership transfers – Direct Debit: Members who pay by Direct Debit may not transfer their membership to another person.1.5 Debt Collection Action Where you default in making any payment when it is due under this Contract you: 9.1.1authorise Aimz Fitness to notify any debt collection or credit reporting agency of the default ;Aimz Fitness authorise Xplor Gym to add $19.95 to the outstanding debt being its fee for dealing with the default; and agree 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.2. Privileges2.1. 24-hour access Aimz Fitness is a 24-hour facility, and all members are permitted to access Aimz Fitness24/7, provided an access key is used to scan into the Club on arrival. All members must have their own key tag and use it at each arrival and departure, if available. Members may not share or swap key tags or loan them to any other person. Aimz Fitness has the right to deny entry to any person who cannot produce a valid key tag upon entry. Access may be revoked to any member who is in breach of the Membership Agreement, is abusive, physically, or verbally, towards staff or members, permits access to non-members outside staffed hours without written permission from the Club, or is in arrears with their membershippayments.2.2. Unauthorised guest access Aimz Fitness only grants its members 24-hour access to its Facilities. Any member who brings a non-member into the Club during unstaffed hours acknowledges that: a) They accept responsibility and liability on their personal behalf for any injury, loss, damage, or theft attributed to the non-member whether or not caused through the negligence of Aimz Fitness. b) They may be charged for any costs associated with any injury, loss, damage, or theft that occurs as a result of the unauthorised guest entry. c) Their membership may be terminated effective immediately with a $150.00 non-compliance fee charged to the members nominated bank account, and d) They will be prohibited from re-joining any Club operating under the Aimz Fitness brand.2.3. Reciprocal access All members must have a key tag upon joining. Key tags assigned to a member with a membership type that includes Reciprocal access will grant access to all Aimz Fitness locations. Reciprocal access includes normal gym services and group fitness classes(booking may apply).2.4. Additional services All memberships include unrestricted access to all cardio and pin or plate-loaded strength equipment, free weights, and accessories. Aimz Fitness offers group fitness classes as a complimentary service to their members, however, there may be costs associated with additional services including, but not limited to, group fitness classes, small group training, personal training, nutritional advice and meal plans, body scans or measurements. The services included in your specific membership type will be outlined in the Special Conditions or the membership description section of your membership agreement.2.5. Suspension of membership Aimz Fitness may suspend your membership if you qualify under the membership suspension conditions set out by the Club. To be eligible for a membership suspension you must be in good standing with all processing and enrolment fees paid and you must be current on your membership fees. Suspensions may be applied for a maximum of 3 months and must have an end date. Suspensions longer than 3 months require evidence of a medical certificate. Suspension fees apply at a cost of $7.00 per week.2.6. Transferring a paid in full membership to a new person A member may opt-out of their membership during their paid in full membership term by transferring the remaining balance to a new person. It is the responsibility of the member to find a person to take over the membership and arrange an appointment with their Club and the new person to process the membership transfer. The membership can only be transferred to a new person not an existing member. A Transfer fee of $60.00 will apply and can be payable at the club by the transferring member or the new member.3. Membership fees You agree to pay the fees as set out in the Membership Agreement and agree to be bound by the direct debit terms and conditions as defined by Aimz Fitness and Xplor Gym.3.1. Membership payment You agree to make the payments outlined in this Membership Agreement as described for the services included in your membership type. At any time, you may contact Xplor Gym to update your payment day, frequency, or payment method to suit you and to ensure that all payments due are received on time.3.2. Early cancellation fee Cancellation within the minimum term of the membership will incur a maximum cancellation fee of $200.00 if within the minimum term, which is laid out in the membership agreement. The early cancellation fee can be paid over the counter at your Club or via Xplor Gym. The membership will remain active, and all due payments will continue until the early cancellation fee and/or any amounts owing have been paid in full.3.3. Transfer fee A member who opts to transfer their membership and the remaining balance of their minimum contract term may do so, at the discretion of their Club, and will incur a transfer fee of $60.00. This fee is payable at the Club at the time the membership is transferred from the existing member to the new member.3.4. Suspension fee A member may request to suspend their membership at the Club at a weekly rate of $7 for no longer than 3 consecutive months Any extension to the suspension will be at the discretion of the Club and evidence of a medical certificate may be required. A request to suspend must be made in writing to the Club via email or by completing a suspension form online with your Club.3.5. Membership fee increase Aimz Fitness reserves the right, at any time, to change the fees charged to members for use of the Facilities. Aimz Fitness agrees to use reasonable endeavours to provide you with written notice of the changes at the most current address you have supplied. The changes will take effect no less than 14 days after the notice has been received by you. We deem the receipt to have occurred 5 business days after the notice was posted. At the end of the 14-day period, you authorise Aimz Fitness and/or Xplor Gym to debit the new amount to your nominated bank account.3.6. Administration fee Some memberships will have an administrative fee of $19.95 payable on the first debit date.3.7. Dishonour fee A member is subject to a $19.95 administration fee collected Xplor Gym in the event that a direct debit membership payment is dishonoured by their financial institution. A payment may be dishonoured as a result of insufficient funds, an expired, unauthorised or invalid payment method or due to a payment stop applied by the member at their financial institution. It is the members responsibility to ensure their banking and financial details are always correct.4. Cancellation, termination and refund Aimz Fitness reserves the right to terminate the Member’s privileges in the event of the following:● A paid upfront membership is not renewed prior to its expiry date.● A direct debit membership is in arrears for any fees or services.● A member’s conduct is improper or harmful to the best interest of Aimz Fitness and/or its members.● A member’s conduct directly results in damage, theft, loss of property, or loss of revenue.4.1. Basic cancellation rights and refund. You may cancel your membership and receive a refund of any unused portion of a prepaid membership if you qualify as follows: a)Permanent Sickness or Physical Incapacity: Your disability must physically prevent you from using any of the Facilities and a licensed physician must verify this fact in writing. b) In case of death, your estate must provide written evidence. In either case, Aimz Fitness will refund any unused portion of prepaid membership.4.2. Termination of direct debit membership -outside the minimum term. If you have a direct debit membership at Aimz Fitness, and you are outside of your minimum contract term, you may terminate the membership by providing :a) An approved method of written notice to your Club - 14 days’ notice applies, orb) Notice to Xplor Gym - 14 days’ notice applies, and once Aimz Fitness or Xplor Gym has received your notice to cancel, your membership will be set to expire within 14 days. The membership will close after all payments due within the 14 days have been received, provided the account does not become overdue in that time. Please note that there maybe payments required within that 14 day notice period. You will still be able to use the gym during this period.4.3. Termination of a direct debit membership - inside minimum term if you are still within the minimum contract term you may cancel your membership with immediate effect by paying the early cancellation fee of $200.00. 14 Days notice is required to cancel your membership inside the minimum term plus there maybe normal direct debit payments within that time.4.4. Termination of prepaid membership If you have a prepaid membership, you may not terminate it during the prepaid period (or get a refund), except for the reasons stated above in sections 4.1 (a) & (b). If you do not renew your prepaid membership by the renewal date, your prepaid membership automaticallyexpires.4.5. Termination for cause by Aimz Fitness: Aimz Fitness may, at its discretion, terminate your membership effective immediately if; a) you fail to make timely payments under any payment plan, b) any direct debit payments or fees are late,c) you fail to follow any of Aimz Fitness membership policies, conditions of entry or Club rules, or violate any part of this Agreement; or d) your conduct is improper or harmful to the best interest of Aimz Fitness or its members. Termination is effective on the date Aimz Fitness sends written notice to your last known address. You are liable for all financial obligations until that date. If you prepaid your fees, Aimz Fitness will not refund any unused portion, and you must immediately return your membership access key.4.6. Effect of termination and financial obligation: Upon cancellation or termination, your right to use the Facilities ends and Aimz Fitness can deny you access to any Aimz Fitness club. Any money owing to Aimz Fitness when your membership ends remains immediately due and payable and Aimz Fitness will deduct the amount outstanding from any refund for which you may be eligible. If there is not enough money to cover the debt in the refund, you must pay the balance.5. Minimum age All Members of Aimz Fitness must be a minimum of 12 years of age. All minors under the age of 18 must have a parent or guardian co-sign a Parent Consent form. Minors under the age of 14 must comply with the following restrictions: a) access with another member only –the other member must be over the age of 18 years of age and take responsibility for ensuring the minor adheres to all gym etiquette whilst using the facility.6. Unstaffed hours Aimz Fitness operates on a 24-hour basis and is accessible by Members outside of staffed hours using their access key. As a member utilising the Facilities you acknowledge that you enter and use the Facilities at your own risk. If you feel there is a risk to your personal property, health and safety or you have any other concerns regarding the undue effect of exercising in an unstaffed facility, then DO NOT sign this Agreement.8. Staffed hours The staffed hours for the Club are displayed at the entrance to the Club and located on each Club’s individual website and Facebook pages. Aimz Fitness reserves the right to make amendments to staffed hours at any time without notice.9. Video surveillance For security purposes, Aimz Fitness uses video surveillance equipment to monitor the Club on a 24-hour basis. By signing this Agreement, you acknowledge that by accessing the Facility you will be subject to video surveillance and recording. Video surveillance is limited to the floor area and entrances only and is not within the walls of the bathrooms or any changing areas.10. Photography and filming For privacy reasons, photography and filming are not allowed anywhere in the club without written permission from the Club. Members must not take photos or videos of other members at the Club without their permission. This includes social media.11. Gym Explorer / Induction Session All new Members are entitled to a free Gym Explorer session to focus on the safe and correct use of the equipment provided at the Club. It is the Member’s responsibility to request this session.12. Wi-Fi Complimentary access to the Club’s Wi-Fi is available for Members to make responsible use of. All Members must abide by all laws relating to safe and legal internet use. No illegal downloads, streaming or viewing of material deemed to be inappropriate by Aimz Fitness is allowed. Aimz Fitness reserves the right to change and update passwords regularly.13. Equipment You understand and acknowledge that Aimz Fitness purchases or leases the equipment from a third party/parties and therefore does not manufacture any of the fitness or other equipment used in the Club. You understand and acknowledge that Aimz Fitness is providing recreational services and may not be held liable for defective products orequipment.14. Physical condition and no medical advice You represent that you are in good physical condition and have no medical condition or impairment that might prevent you from safely using the equipment at the Club. You acknowledge that Aimz Fitness did not give you any medical advice before you used the equipment and cannot give you any medical advice after you use the equipment. If you have any health or medical concerns now, or at any time after you join as a Member of the Club, you must discuss them with your doctor before using the equipment. If your physical condition changes during the term of your membership and you develop a health or medical issue that may pose an increased risk to your personal health and safety, or the health and safety of others, you acknowledge that you will advise Aimz Fitness immediately.15. Drugs and alcohol Use of drugs and alcohol on Aimz Fitness grounds or accessing a Aimz Fitness Club while under the influence of drugs or alcohol, is strictly prohibited. Any Member found or suspected to be using a Aimz Fitness Club while under the influence of drugs or alcohol maybe asked to leave the premises and have their membership terminated effective immediately and/or authorities notified.16. Liability for property Aimz Fitness is not liable to you for any personal property that is damaged, lost, or stolen while in or around the Club including, but not limited to, a vehicle or its contents or any property left in an open locker. If you cause damage to the Club or any equipment, you are liable to Aimz Fitness for its cost of repair or replacement.17. Change of details You must provide Aimz Fitness with any changes to your details that are relevant to your membership, including address, contact number, bank account details and email address .Aimz Fitness and its agents will attempt to contact you, if required, at your last known address or contact number. Aimz Fitness takes no responsibility for information not received by you if your contact details change and you fail to update them.18. Entire agreement and enforcement You acknowledge that neither Aimz Fitness nor any other party has made any representations or promises upon which you have relied when entering this agreement. This document contains the entire agreement between you and Aimz Fitness and replaces any oral or other written agreement. Any manual or handwritten changes to this agreement are not valid. If a court declares any part of this agreement invalid, it will not invalidate the remaining parts, which continue unaffected. If Aimz Fitness does not enforce any rights in this agreement for any reason, Aimz Fitness does not waive its right to enforce it later.19. Change in Facility details – Neither a reasonable relocation of the premises where the Services are ordinarily provided (to the extent that such relocation is within a 4km radius),nor changes in the ownership of the Facility, or the name of the Facility, affects your obligations under this Contract except to the extent that such change disadvantages you; You shall: (a) comply with any reasonable rules and conditions of the Facility relating to the Services; and (b) make any payments required under this Contract when due. Electronic communications – You agree that Aimz Fitness and/or the Facility may communicate with you electronically (including via email) in relation to this Contract, understanding that at times these communications will contain confidential and or commercially sensitive information. Aimz Fitness and/or the Facility will take all reasonable steps to mitigate any risk ofunauthorised access or disclosure of confidential information, but cannot guarantee thatsuch communications will not be intercepted or read by an unintended recipient.