EMF FITNESS CENTRE

Terms and Conditions
If you are intending to join the Club you should read and understand these Terms & Conditions before you complete and tick the acceptance button on the Membership Form.

The membership contract between you and the Club comes into effect once the Membership Form has been completed and the acceptance button selected by you and accepted by a duly authorised officer of the Club and the membership fees shown in the Form have been received by the Club.

These Terms & Conditions apply to all Members and others using the Club Facilities.

Access to Club

As a member you are entitled to use the Facilities of the Club during the Club’s normal opening hours so long as you remain a member and on condition that you comply with these Terms and Conditions.

If you are issued with a membership card, this must be shown on entry to the Club. Access to the Club may be refused if you do not have the card or provide adequate evidence of your identity and membership.

The Rules

You should read the Club Rules and be sure to observe them when you are at the Club.

We reserve the right to change the Rules from time to time. Any change will normally be posted in our monthly newsletter or emailed to you before it comes into effect.

Your Health and Physical Condition
You confirm to us that you are in good physical condition when joining the Club and whenever you use the Facilities and/or undertake training by any of the Club’s trainers and that you are not aware of any medical or other reason that might be detrimental to your health, safety, comfort or physical condition.

You should not use any of the Facilities whilst suffering from any contagious illness, disease or infection, or when suffering from any physical ailment, especially if there is a risk for other members.

Use of Facilities

It is your responsibility to ensure that you correctly operate any equipment at the Club. If you are in any doubt as to how to do so, you should consult a member of staff before use.

If you cause any damage to any Facilities at the Club you must notify a member of staff. You may be held responsible for the cost of repair or replacement if intentionally using a piece of equipment not as it is designed to be used.

Fees

All fees are payable in advance unless otherwise agreed in writing. When joining the Club you will become responsible for paying the membership fees for the duration of the initial period of your membership as shown in the Membership Form that you sign.

Payment may be made by direct debit only. All cash payments must be made in full at commencement of contract for the term of the membership.

Training fees are payable before commencement of a training course or individual lesson, whichever is applicable.

Membership Fees are non-refundable

If any fees are outstanding, we will be entitled without obtaining further authority from you to charge them to your nominated account. However, we will not do this if you have given us a written notice that a payment is disputed.

Fees are quoted inclusive of GST.

A direct debit fee is charged on each transaction of $1.95

Off Peak Membership

This membership is offered to members that are only training within the club between the hours of 10am – 2pm. Members are not allowed to gain access to the club outside these hours, any member caught in the gym training outside Off Peak membership hours with be transferred from the Off Peak to the 12 Month membership rate without notice.

The Off Peak membership does not allow the member to attend classes or utilise 24 hour access.

Expiry & Renewal of Membership

When the initial period of your membership is completed your membership will continue until you advise us otherwise.

If you continue to use the Club after the expiry date you will continue to be responsible for membership fees until you give us 14 days’ notice to terminate your membership.

Cancellation/Termination of Membership by the Club

All Memberships have a 48 Hour Cooling off period in which you may cancel your membership at no further charge than the first initial payment.

Memberships can only be cancelled by completing the EMF Fitness Centre Cancellation Form in the club.

If you wish to cancel your membership before the initial period of your membership expires there is a $129 cancellation fee on 18 month and 12 month contracts, $99 cancellation fee on the Off Peak, foundation and yearly special contracts and $49 cancelation fee on 6 month contracts and a two (2) week notice period on all cancellations.

If you wish to cancel your membership on less notice than that specified above due to illness or injury that is likely to last for at least 6 weeks, you should submit your request in writing with reasons and we will deal fairly with any such request.

If you behave in a manner that is unacceptable to us or to other users of the Club we reserve the right to refuse entry to you and to cancel your membership. Unacceptable behaviour may include but is not limited to disruptive or threatening behaviour, causing damage to Club premises or equipment, abuse of staff or members or use of illegal drugs.

A warning will normally be given but in the case of serious misconduct your membership may be cancelled without notice and you must immediately leave the Club.

We may also cancel your membership by giving you notice if you fail to pay any fees within 30 days of the due date
In any of these circumstances you will remain liable to pay all outstanding fees due for the period up to and including the termination date. Also, we may recover from you or retain from any advance payment a reasonable amount to cover the costs that we incur as a result of your actions. The balance of any advance will then be refunded on request

Termination of membership will bring the membership contract to an end but this will not affect the accrued rights of either the Club or yourself at the termination date.

Personal Property

You are responsible for the care of your property and valuables while on Club premises and the Club accepts no liability for any loss or damage whether or not stored in lockers. Property should not be left in the Club when you leave the premises unless otherwise agreed in writing by the management.

Property left in the Club by a member will be stored by the Club and if it is not claimed within 6 weeks we reserve the right to dispose of it. Bags and other large items must be stored in lockers and not used on the gym floor.

Liability

You acknowledge that all activities and training undertaken by you are undertaken at your sole risk.

Data Protection

Personal information obtained by us concerning you will be kept confidential in accordance with our privacy policy and relevant legal requirements.

No Transfer of Membership

Membership is personal and not transferable. Also, you may not lend your membership card to any third party. Guests may only be invited to the Club after obtaining authorisation from the management or unless authorised by staff member.

Notices

Whenever these Terms refer to notice being given by you or by the Club, the notice must be in writing and hand delivered to the manager.

Entire Agreement

The membership contract incorporating these Terms constitutes the entire agreement between us and supersedes any previous agreement or understanding between us with respect to its subject matter.

Waiver

The failure by the Club to enforce any of these Terms or the Rules shall not be treated as a waiver of that provision, nor shall it affect our right subsequently to enforce that provision.

Severity

If any of these Terms is held by a court to be unenforceable or invalid, the remaining provisions will continue in effect.

Law & Dispute Resolution

These Terms and your membership contract are governed in all respects by law.

If any dispute occurs between us, we will act in good faith in an effort to resolve it through direct negotiation with you. If this does not work, either of us may require that the dispute is referred to mediation in accordance with Office of Fair Trading. Any dispute that is not resolved by negotiation or mediation will be finally resolved by a court.

24 Hour Access

EMF Fitness Centre will be unsupervised at times and by acknowledgement of these terms the member understands the risks involved and holds no liability to EMF Fitness Centre or its staff or directors.
Black membership members can only bring a friend during staffed hours for safety reasons.

Swipe access to the club is downstairs at the post office entrance.

When entering and exiting the club, and the downstairs door, all members are to ensure doors close behind them. If the door is left open than the club is at risk and you’ll be denied access after hours in the future.

Centre management will ban 24 hour access to the club if members are caught in any other areas inside the building. All these areas are alarmed and monitored by security.

If training alone it is advised to use the after hours distress necklace located under the key holder at reception.

All swipes are monitored by our camera system so any members bringing in guests without approval will be banned from the club and will incur a $20 once of visit fee for their guest.

Disclaimer

The member acknowledges that at times the Centre may be unsupervised. By acknowledgement of this document, the member hereby confirms that they have read and agree to all of the above terms and conditions.