(Inclusive of: Rules of the Club, Direct Debit Arrangement and Privacy Statement)
These are the Terms and Conditions on which Corporate Box Gym (“we” or “us” or “our”) is willing to provide membership to the Club to you. Any variation to these Terms and Conditions must be in writing and signed by our authorised officer.
THIS IS AN IMPORTANT DOCUMENT – PLEASE READ IT CAREFULLY – THIS IS PART OF YOUR CONTRACT
With any contractual agreement, it is important that we outline the terms as simply and thoroughly as possible. Please take the time to read through this Form carefully to avoid any confusion. It is important that the terms of the contract between you and us are clear and for this reason, if there is any conflict between what is set out in this Form and anything you have been told at the Club or over the telephone, the terms in this Form will prevail unless staff members acknowledge discussion. Failure by us to enforce any of our rights at any time for any period shall not be construed as a waiver of those rights. We have seven (7) days after formation of a contract to rectify any miscalculation reflected within the Application and Agreement and we will notify you of same within that seven (7) day period. Please refer to Clause 3.
The Form is broken up into the following sections:
Part A – sets out the process for becoming a member and the formation of a Contract, and the terms and conditions of your membership.
Part B – sets out the key Rules at the Club. Please also refer to other signage and handouts.
Part C – sets out the Direct Debit arrangements regarding payment of your membership and their fees. It forms part of your Membership Application and Contract.
Part D – sets out the Privacy Statement and Acknowledgement.
You should read this document carefully before you agree to become a member of Corporate Box Gym and keep it in a safe place to refer back to from time to time. NOTE: If, after agreeing to become a member of Corporate Box Gym, you decide you do not wish to proceed, please refer to Clause 4. If you do not understand something in this Form, please ask Management or call (07) 3357 7103 or email your Home Club or [email protected] Please be advised that these Membership Terms, Conditions and Rules may change from time to time. We will make an effort to contact you in advance as defined in Paragraph 42 (Variation). Please note: the most up to date Terms and Conditions Form and Rules will always prevail after the outlined notified period.
In these Membership Terms and Conditions, the following definitions apply:
Access Pass means: your membership card or fob or keytag allowing you to enter the Club.
Adult means: over 18
Club, Home Club means: the Corporate Box Gym as specified in your Membership Application or any such Club that your membership may be transferred to.
Club Rules means the rules regulating the operation of equipment, opening hours, behaviour in the Club specified in signage and handouts and email and through our
website. Club Rules may be amended from time to time.
Contract, Membership Application, Agreement means: the Membership Application form provided to you by Corporate Box Gym requiring you to provide the relevant details to Corporate Box Gym (eg. Name, address, payment details) which creates a Contract between Corporate Box Gym and sets out the terms and conditions under which you will become/be a member of Corporate Box Gym.
Corporate Box, Corporate Box Gym, Corporate Box Rounds, Company, The Club, The Home Club, we, us, our means: the entity specified on your Membership Application and includes its heirs, estates, agents, representatives, officers, directors, shareholders, successors, affiliates, subsidiaries and employees.
Defence Force Personnel means: persons employed by the Royal Australian Navy, Royal Australian Army or Royal Australian Air Force who are active personnel currently serving by providing their PM KeyS number, Regiment number of Service Number.
Direct Debit Request Form means: the Direct Debit Request Form under which an Agreement is made by you to pay your Membership fees on a periodic billing basis.
FIFO means: Fly In Fly Out workers who are able to produce employment identification to evidence that their place of work is sufficiently isolated from their place of residence to make daily commute impractical.
Kid means: under 18
Member, you, your means: the individual who has entered into this Agreement with Corporate Box Gym.
Minimum Term means the term specified in the Application and Contract and Direct Debit Request Form.
Staffed Hours means the Hours for the Club, which are available at www.corporateboxgym.com.au. Corporate Box Gym reserves the right to change the Staffed Hours at any time without notice.
Student means: over 18 and undertaking full time study – ID required
PART A – MEMBERSHIP TERMS AND CONDITIONS
2. MEMBERSHIP ENTITLEMENT – As soon as a Contract is formed in accordance with Clause 1, acceptance of this Contract by us which we are not obliged to do, and subject to your rights in relation to Clause 4, you will be bound by these Membership Terms and Conditions not dependent on the amount of times you utilise the Club. As a member, you are entitled to access the premises of the Club and use the facilities, equipment and services of the Club only during the specified times and only for the term of this membership subject to meeting these Membership Terms and Conditions and the Club Rules applicable. Corporate Box Gym reserves the right to change the Club facilities, equipment and services at any time without notice. Memberships are non-assignable, non-transferable and non-refundable except as permitted in these Membership Terms and Conditions and subject to law.
3. CONTRACT RECTIFICATION – We have seven (7) days after the formation of the Contract to rectify any error or miscalculation provided in the Contract.
4. COOLING OFF PERIOD – After applying for membership, you have 48 hours (“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 the cost of any fitness services already supplied and an Administration Fee of 10% of the minimum membership fee or $75.00 (whichever is less) will be applicable. If you terminate your Contract after the Cooling Off Period, different conditions will apply. Clauses 9-15 below outline your right to terminate the Contract and any fees payable in such circumstances.
5. PAYMENT OF FEES FOR AN ONGOING MEMBERSHIP –
- MEANING OF ONGOING MEMBERSHIP – Once a Contract is formed for an ongoing membership, this means that you have agreed to become a Member of Corporate Box Gym for the minimum period stated on your Application and/or Direct Debit Request Form and you have agreed to pay the total fee for that minimum period of membership irrespective of the amount of times you utilize the Club and we agree that you may pay the total fee for that minimum period under a periodic billing agreement in accordance with your Direct Debit Request Form.
- MEMBERSHIP FEES – We charge Membership Fees for membership to the Club as outlined in your Membership Contract and/or Direct Debit Request Form. All ongoing memberships are paid either weekly or fortnightly in advance in accordance with your Direct Debit Request Form. All merchant fees associated with credit card payments can be recovered from your nominated credit card account (if applicable) and you authorize us to do this. At this time a merchant service fee of 4% is applicable to payments made from American Express and Diners Club International credit card accounts. If they are not paid on the due date, you agree that we may continue to debit the nominated credit/debit account with the total amount due without notice to you and you authorize us to do this. We will use reasonable endeavours to give written notice to the most current address you have supplied at least one fortnight prior to this occurring. Notice may also be given via telephone or face to face or email. Please note: should we debit an account where we have no authority, we agree to refund these debits plus any overdrawn charges proven to be our fault.
- SUSPENSION FEES –We charge a suspension fee as outlined in your Membership Contract and/or Direct Debit Request Form (and if nothing is stated, the default suspension fee is $10.00 per week plus the stated billing charges) if you wish to suspend your membership for a term. The suspension fee will be direct debited on the same terms as your membership fees. For any one suspension term, the minimum term for suspension is four (4) weeks and the maximum term for suspension is twelve (12) weeks. You may only suspend your membership in intervals of whole weeks. You are only offered one suspension term in any twenty-six (26) week period. Your minimum Contract period will be extended by the length of your suspension term/s. You must give us notice in writing of your request to suspend your Contract and suspension will be effective within fourteen (14) days after we receive written notification of same. All direct debit payments falling due within that fourteen (14) day notice period will remain due and payable.
- JOINING FEE – We charge a Joining Fee, as stated on your Application and/or Direct Debit Request Form, which is a fee used for all set up costs of a new or renewing membership including your initial fitness questionnaire and Access Pass costs. This fee is payable upon joining and forms part of your Membership Fees. This fee is nonrefundable, even if you choose to cancel your membership in the cooling off period.
- ADMINISTRATION FEE – We charge an Administration Fee if you terminate your Membership Contract pursuant to Clauses 4, 12, 13 or 14.
- FAMILY MEMBERSHIP – We offer a discounted rate on some membership types to immediate family, if:
(i) we can link the family member/s to a primary, full-paying member; and,
(ii) the primary member agrees to pay for the membership/s from the same account.
If the primary member cancels his or her membership, the family member’s fees will still be debited from the primary member’s bank account but not at the discounted rate and instead, the rate will increase to the current full priced membership fee for that membership type for a male or female or child (as applicable) as at the date of cancellation of the primary member’s membership. If the primary member cancels his or her payment details, the family member must then complete a direct debit request form in his or her own name providing his or her own payment details and pay for his or her own membership fees which will be the current full priced membership fee for that membership type for a male or female (as applicable) as at the date of cancellation of the primary member’s membership. If the family member is a child, the primary member is, at all times, responsible for payment of the child’s membership fees.\
6. MONEY OUTSTANDING/NO ACCOUNT DETAILS – If any amount payable for your membership is not paid on the due date, access to the Club may be suspended until such time as payments are up to date. Any monies outstanding for other services in the Club may be automatically deducted from the supplied account/credit card details if not paid at the Club and you authorize us to do this. PLEASE NOTE: you may not be allowed access to the Club until full and correct direct debit details are provided.
7. DEFERRED PAYMENTS – Where joining fees or other fees have been deferred (as shown on your membership agreement), you hereby authorise us to increase direct debits to your credit card or bank account which you have authorised accordingly for the number of instances shown on your membership agreement until those deferred fees are paid in full.
8. PAYMENT OF FEES FOR A PRE-PAID MEMBERSHIP – As an alternative to an ongoing membership you may choose to purchase a membership by way of upfront payment of fees as stated on your Application. You may renew your membership upon payment of the membership fees and joining fee current at the time of renewal. Your renewed membership will be on the membership terms current at the time.
9. TERMINATION WITHIN THE MINIMUM TERM – You may 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 (please refer to clause 12);
- we breach our obligations to you (please refer to clause 13);
- you become subject to permanent sickness or physical incapacity (please refer to clause 14); or
- you otherwise become entitled to do so under consumer legislation.
10. TERMINATION ON EXPIRY OF THE MINIMUM TERM – If you have a Fixed Term Contract, it will terminate automatically upon expiry of the Minimum Term. If you have an Ongoing Contract you may provide written notice of termination at least thirty (30) days prior to the expiry of the Minimum Term and the Contract will then terminate on expiry of the Minimum Term.
11. TERMINATION AFTER THE MINIMUM TERM – If you have an Ongoing Contract you may terminate the Contract after the Minimum Term if you provide us with thirty (30) days written notice. Any unused Membership Fees after the thirty (30) day period will be refunded. However, where either of us terminates the Contract, any unpaid fees will need to be paid by you or we may take action to recover the outstanding payments. We can refuse you entry to the Club at any time that your membership payments are not up to date. Any unused Membership Fees will be refunded within 21 days after the Contract has been terminated.
12. 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:
- we make amendments to these Terms and Conditions and you do not continue to use the Club as contemplated by clause 42; or
- higher Membership Fees applicable to your membership are introduced.
No fees will be applicable for terminating in accordance with this clause apart from the Membership Fees for the time you have been a member, any additional fees for fitness services already supplied and payment of an Administration Fee of 10% of the minimum membership fee or $75.00 (whichever is less). Any unused Membership Fees will be refunded within 21 days after the Contract has been terminated.
13. TERMINATION WHERE WE BREACH OUR OBLIGATIONS – If we are in breach of our obligations 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 terminating in accordance with this clause apart from, to the extent not impacted by our breach, the Membership Fees for the time you have been a member, any additional fees for fitness services already supplied and payment of an Administration Fee of 10% of the minimum membership fee or $75.00 (whichever is less). Any unused Membership Fees will be refunded within 21 days after the Contract has been terminated.
14. TERMINATION FOR MEDICAL REASONS – You may terminate the Contract with immediate effect at any time if:
- you provide us with written notice of the termination for medical reasons; and,
- you provide us with a medical certificate from a qualified and registered medical practitioner stating that you cannot use the fitness service because of your permanent sickness or physical incapacity. The medical certificate need not disclose the nature or cause of the illness or physical incapacity, however, the medical certificate must disclose specifically how the symptoms of the illness or physical incapacity prevents you from utilising any of the services or facilities that we are able to provide and for how long the symptoms of the illness or physical incapacity will prevent you from utilising any of the services or facilities that we are able to provide.
In that event, you will only be charged:
- the Membership Fees for the time you have been a member and any additional fees for fitness services already supplied; and,
- payment of an Administration Fee of 10% of the minimum membership fee or $75.00 (whichever is less).
Your membership will then be terminated with immediate effect from the date you have completed both requirements 14(a) and 14(b). Any unused Membership Fees will be refunded within 21 days after the Contract has been terminated.
15. TERMINATION FOR ANY REASON (other than Clauses 4, 9, 10, 11, 12, 13 and 14) – You may terminate the Contract with immediate effect at any time by providing us with written notice without cause. However, in that event, unless we are in breach of our obligations under the Contract, you will be charged the Membership Fees for the time you were a member, a Departure Fee referable to the remaining balance of the total minimum membership fee and any other fees payable for any further fitness services already supplied. Any fees owing as at the date of termination request (including the membership fees for the time you were a member, the Departure Fee, any other fees payable for any further fitness services already supplied, outstanding amounts owing including fees owed to our direct debit service provider), must be paid to the Club in a one off payment as full and final settlement. The total minimum membership fee amount is written on the front of this contract. Subject to Clause 16, if you transfer your membership to someone who is not a member, only the Departure Fee will be waived.
16. (a) TRANSFER OF MEMBERHSIP BY THE MEMBER – Transfers are for members who do not want to continue their membership and have another person willing to take over all aspects of the membership (transferee). Only members who are within the minimum term of their contract and are on a direct debit membership may transfer their membership to another non-member. A member may transfer their direct debit membership to a non-member for a transfer fee of $50.00 payable to the Club. Memberships cannot be transferred to existing members of the Club or any person who has been a member of the Club within the previous 3 months. Only the remaining time left on the membership will be transferred regardless of whether the original member has used the facility. The membership fee charged to the transferee will be at the current membership fee for a male or female or child (as applicable) at the date of transfer. The existing member must advise the non-member willing to take over the membership that the non-member will be subject to an interview by Us first and approval of the transfer application is at Our sole discretion and once approved, the transferee must complete the new membership sign-up process. The transfer is effective only after the transferee has completed the sign-up process. We do not allow transfers once you have completed your minimum term. You also cannot transfer family or friends’ memberships. Members are not permitted to sell their memberships to non-members. The existing member must not use the Club’s logo or images in any advertising or promotion of the membership transfer. All membership applications must be approved by Us first.
16. (b) TRANSFER BETWEEN CLUBS – Transfer of your membership between Corporate Box Gym Clubs will be by agreement of the Manager of the Club to which you wish to transfer. If We and the Manager of the Club to which you wish to transfer agrees to permit the transfer of your membership, a transfer fee of $50.00 will be payable to the Club that you transfer to.
17. TERMINATION OF YOUR CONTRACT BY US – We reserve the right to terminate your Membership Contract should you fail to pay four (4) consecutive weekly payments or two (2) consecutive fortnightly payments and we have exhausted all reasonable endeavours to contact you to arrange repayment of your outstanding
membership fees. In that event, unless we are in breach of our obligations under the Contract, you will be charged the Membership Fees for the time you were a member, a Departure Fee referable to the remaining balance of the total minimum membership fee and any other fees payable for any further fitness services already supplied and your membership may be forwarded to a collection agency for further action. Any fees owing as at the date of termination must be paid to the Club in a one-off payment as full and final settlement.
18. CLUB RULES – You must comply with the Rules. You must ensure you read, understand and abide by the Rules which are notified to you through signage, hand-outs or our website.
19. RIGHT OF EXCLUSION – We can refuse entry to the Club, cancel your membership and/or terminate the Contract without warning or notice for inappropriate threatening or harassing behaviour, damaging equipment or facilities, use of illegal or performance enhancing drugs in the Club, failure to abide by the Rules of the Club or action upon a complaint by either a club member or an employee (or contractor) of the Club.
20. PAYMENT OF FEES – Direct Debit Service Provider: You acknowledge that, if you choose the periodic billing option, payment will be made in advance via the direct debit service provided by Quickpay (“Direct Debit Service Provider”). You acknowledge that you have been provided with a copy of the Direct Debit Service Provider terms and conditions. You acknowledge that the Direct Debit Service Provider may amend those terms and conditions from time to time by giving 30 days notice by communicating an updated version on the Direct Debit Service Provider website, being www.quickpay.net.au. You may contact the Direct Debit Service Provider on 1300659537. Payment: All Membership Fees may be recovered from your nominated credit/debit account (as provided from time to time). Any bank fees charged to us because of a rejection when collecting your due membership fees may be charged directly to you by us or the Direct Debit Service Provider. If a Membership Fee payment remains outstanding, you agree that, unless we are in breach of our obligations under the Contract, we or the Direct Debit Service Provider may continue to debit the nominated credit/debit account for the total amount due without notice to you. Direct Debit Service Provider Fees: Membership Fees may include a fee payable for the service provided by the Direct Debit Service Provider.
21. CREDIT/DEBT REPORTING AGENCIES – If paying by direct debit, upon default by you in regard to any obligation under this Agreement and failure to remedy the default after notification by us or the Direct Debit Service Provider, you authorise us or the Direct Debit Service Provider to notify any debt collection/credit reporting agency of the default. Should this occur, then at our or the Direct Debit Service Provider’s sole discretion, the Agreement may be terminated at which time the full outstanding balance for the remainder of the minimum term or payments (including any current arrears) shall be due in full. You authorise us and/or the Direct Debit Service Provider to add to the outstanding debt a fee of $50 and an amount equivalent to 25% of the full outstanding balance (being the Direct Debit Service Provider’s expenses reasonably incurred in collecting the debt) upon initial referral to the debt collection/credit reporting agency.
22. MEMBERSHIP FEE INCREASE – If you have an Ongoing Contract or a Periodic Agreement then, subject to your rights in clause 12, we reserve the right at any time after the Minimum Term of the Contract, to increase the Membership Fees to be charged. If we increase Membership Fees we will provide at least two weeks’ prior notice of the increase by post or email to the addresses provided by you in the Membership Application. If you wish to terminate this Agreement as a result of the increase in the instalment amount, you must notify us in writing within 14 days of the date of the written notice sent by us. The Agreement will be terminated upon receipt of this notice. If you do not notify us of your intention to terminate this Agreement within such specified period, then this Agreement will remain in force and the increase in the instalment amount will be deemed to be accepted by you and you authorise us to increase any direct debits to your credit card or bank account which you have authorised upon joining. We will not use this right to vary the terms on any special offer which applies to you.
23. SUSPENSION – Membership suspension is available to all of our membership types except for our FIFO membership options (for FIFO membership options, please refer to Special Condition 51) provided that all amounts payable for your membership are paid up to date. You can suspend your membership for travel, medical or other reasons permitted by the Rules upon provision of satisfactory supporting documentation. All suspensions must be applied for in writing to us at least fourteen (14) days prior to the commencement of the suspension period. Debit payments will only be suspended for the direct debits that fall within the suspension period. You cannot suspend your membership during any notice period.
24. NOTICE – any Notice that you are required to give to us as outlined in the Application and Contract must be provided to us in writing via email to your Home Club or [email protected] The date of notice is deemed to be the date the written notice is physically received by us. Please ensure you retain a copy of any Notices you have provided to us as evidence of same. If we advise you that we have no written record of any Notice you believe you have provided to us, then it will be deemed that no Notice has been provided to us unless you can provide us with evidence of the written Notice.
25. MINIMUM AGE – Membership is limited to persons who are at least 14 years of age unless we have received medical clearance. If you are under 18, a parent or guardian must co-sign your Agreement and complete your pre-exercise questionnaire and an adult must supervise you when you are using our facilities. You must be at least 16 to do weight-based group exercises or resistance training activities. If you are under 18, we strongly recommend that you pay a fee for us to develop a suitable exercise program for you. 24 hour access membership is limited to persons who are at least 18 years of age.
26. ACCESS TO CLUB – You are required to be issued with an Access Pass when joining. Entry to the Club without a valid Access Pass is at our discretion (photo ID will be expected). You must not loan your Access Pass or permit its use by anyone other than you at any time. If you are found to have loaned your Access Pass or permitted its use by anyone other than you, we will provide you with a first written warning. If you are found to have loaned your Access Pass or permitted its use by anyone other than you after receipt a first written warning, then we reserve our rights to immediately terminate your membership. In that event, unless we are in breach of our obligations under the Contract, you will be charged the Membership Fees for the time you were a member, a Departure Fee referable to the remaining balance of the total minimum membership fee, any other fees payable for any further fitness services already supplied and a $150 non-compliance fee. Any fees owing as at the date of termination must be paid to the Club in a one-off payment as full and final settlement. If your membership is terminated pursuant to Clause 26, then you may transfer your membership subject to Clause 16. If you transfer your membership to someone who is not a member, only the Departure Fee will be waived. Your Access Pass remains our property and should be returned to the Club on termination. If your Access Pass is lost or mislaid, we will issue a replacement card and you will be charged a $35.00 fee. This will occur each and every time you require an additional Access Pass. If you fail to return your Access Pass on termination or if your Access Pass is returned damaged on termination, you will be charged a $35.00 fee. The fee for lost or damaged Access Passes may be paid upfront or may be added to your next direct debit payment falling due after you have been provided with a new Access Pass and you authorize us to do this.
27. 24/7 ACCESS – if you are a member of a Corporate Box Gym that provides 24/7 access, then the Club only grants members 24/7 access to its facilities. If you bring a non-member into the Club during unstaffed hours, you acknowledge that you accept responsibility and liability on your personal behalf for any injury, loss or damage attributed to the non-member whether or not caused through the negligence of the Club and your membership will be terminated in accordance with Clause 26.
28. UNSTAFFED HOURS – if you are a member of a Corporate Box Gym that provides 24/7 access, the Club is accessible by members during unstaffed hours. As a member utilizing 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.
29. STAFFED HOURS – the staffed hours for each Club are displayed on the Corporate Box Gym website or you can contact the Club on (07) 3357 7103 or via email using the contact forms on the Corporate Box Gym website. The Club reserves the right to change the staffed hours at any time and without notice.
30. VIDEO SURVEILLANCE – for security purposes, the Club 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 only and is not within the walls of the bathrooms.
31. DAMAGES/PERSONAL INJURY – Warning: Whilst in the Club you may suffer injuries including broken bones, soft tissue injuries and joint injuries. Any injuries suffered by you may occur as a result of weights striking you, collision with equipment or other members, as a result of you slipping on wet flooring, engaging in strenuous exercise and activities, or incorrect use of equipment or Club. You acknowledge that any such injury may result not only from your actions but from the action, omission or negligence of others. You acknowledge and agree that the above-mentioned injuries and potential causes of injuries are not exhaustive and there are other unknown or anticipated risks that may result in injury, illness or death. You acknowledge that whilst every attempt is made to ensure that the recreational services and facilities provided by the Club are safe, there are some significant and inherent risks involved, and you agree that you are participating voluntarily at your own risk and responsibility, thereby exposing yourself to certain risks.
Limitation of Liability, Release and Indemnity: We will, unless excused from liability by operation of statute, compensate you for death, personal injury, illness or property damage caused by gross negligence on our part and for loss and damage to your personal property arising from our failure to supply services to you with due care and skill and in a manner fit for the purpose which is reasonable to expect in all the circumstances. In consideration of the grant of membership to you, entitling you to engage in fitness activities, you hereby otherwise:
- agree, to the extent permitted by law, to not hold us liable for any actions, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs and expenses however arising that you may have had but for this clause arising from or in connection with your involvement in fitness activities in the Club or using our facilities, services or products;
- agree that you will indemnify us to the extent permitted by law in respect of all actions, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs or expenses however arising as a result of or in connection with your involvement in fitness activities in the Club or from using our facilities, services or products.
32. DIRECT DEBIT SERVICE PROVIDER – You acknowledge that the Direct Debit Service Provider is not a party to the Contract and its only role is to provide direct debit services to us. You may have separate rights against the Direct Debit Service Provider pursuant to the Direct Debit Service Provider terms and conditions. You otherwise agree not to hold the Direct Debit Service Provider liable for any actions, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs and expenses arising from or in connection with your involvement in fitness activities in the Club or otherwise in connection with the Contract.
33. RISK MANAGEMENT – To mitigate risk and ensure that you correctly operate or use any of our facilities, services, products or equipment, including the adjustments of levels or settings on any equipment, you are required to undertake an instructional consultation with a member of our staff before use.
34. RESPONSIBILITY FOR DAMAGE – You are solely responsible for any damage which you may cause to the club, its facilities, services, products or equipment, if such damage is caused by your wilful act and/or negligence.
35. DISCLOSURE OF YOUR PHYSICAL CONDITION – Provision of a safe and effective exercise program is dependent upon accurate health and fitness profiling. 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 a 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 or allied health practitioner/s. You further warrant and represent that you will not use the Club or any of our facilities, 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. It is a condition of membership that each member, prior to using the Club, has to complete a Fitness Questionnaire. You will not be permitted to use the Club until you have completed a Fitness Questionnaire. The Club reserves the right to restrict, suspend or terminate your membership if the Club is of the reasonable opinion that you are unfit to utilise the Club on a 24/7 basis. If your membership is restricted or suspended for this reason, your membership will not be reinstated until you provide the Club with a medical certificate confirming that you are fit to train.
36. CHANGE OF DETAILS – You must keep us promptly informed of any change 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.
37. CONTRACTORS – Contractors may provide services at the Club. Fees for such services are paid directly to the contractors. We take no responsibility for the fees paid to these contractors. 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 an act or omission by a contractor in the Club.
38. ASSIGNMENT – 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.
39. INTELLECTUAL PROPERTY – These Terms and Conditions do not give you any intellectual property rights in the Club, or in our facilities, services or products.
40. PRIVACY STATEMENT AND ACKNOWLEDGMENT – During the process of entering into the Contract with you and during the term of the Contract we will obtain
access to certain types of your personal information, such as information relating to your health and financial position. We will only use and the Direct Debit Service Provider will only use, disclose or deal with such information in accordance with our Privacy Statement. A full copy of our Privacy Statement is shown on our website –
41. GOVERNING LAW – These Terms and Conditions are governed by, and you agree to submit to, the laws applicable in Queensland.
42. VARIATION – We may, subject to your rights in clause 12, alter these Terms and Conditions or the Rules at any time upon thirty (30) days written notice. All use of our Club and its facilities, services and products after the date specified in such notice will be subject to such altered Terms and Conditions or Rules. If you continue to use our Club and its facilities, services and products after the date such alterations become effective or otherwise demonstrate by your conduct that you agree to the altered Terms and Conditions or Rules, you will be deemed to have agreed to the altered Terms and Conditions or Rules.
43. YOUR OBLIGATIONS – You acknowledge that the Consumer Credit Code does not apply to these Terms and Conditions. If, at any time:
- you believe that you may not or may be unable to perform or comply with your obligations under these Terms and Conditions;
- you are unable to pay your Membership Fees, including any instalment of Membership Fees, as they fall due for payment;
- a cheque received from you is dishonoured;
- you are or become bankrupt; or
- your Membership Fees are overdue and are not paid in accordance with these Terms and Conditions in circumstances where we have not breached our obligations under the Contract,
you agree that:
- you will immediately notify us that one or more of the above notifiable events has occurred and you will keep us notified on a monthly basis until such notifiable event no longer exists;
- we have no obligation and will cease to allow you to use any of our services or products available to you under your membership while a notifiable event exists;
- we may terminate the Contract with immediate effect by providing you with written notice;
- we may request payment in advance for the remainder of the term of your minimum membership; and
- we have no obligation to respond to any offer you make to extend or renew your membership while a notifiable event exists.
44. OPERATING HOURS – The Club’s operating hours are available upon request at the Club, visiting www.corporateboxgym.com.au or by calling (07) 3357 7103.
45. ORIENTATION – It is a condition of this Agreement that you participate in a scheduled member orientation which focuses on various aspects of the Club including, but not limited to, Club layout, amenities and entry and exit areas. The Club may suspend or terminate this Agreement in the event of unsatisfactory completion of the Club orientation prior to the commencement of exercise. You acknowledge and agree that each Corporate Box Gym may have different equipment and/or a different layout. You acknowledge and represent to Corporate Box Gym that you will seek assistance from Club personnel before using equipment that is unfamiliar to you.
46. COMPLAINTS & FEEDBACK – We will endeavour at all times to assist you with any concerns you may have. The initial complaint is always directed immediately to Management whose role it is to contact you within a week (where possible) via phone or email to discuss or resolve. Should you feel that it has not been resolved effectively, then it may be escalated to the Club Owner who will in turn contact you by phone or email.
47. IMAGE – By signing this Application and Agreement you consent to us using your image in any promotion or other material in relation to the business. Please note: this is only applicable if you are filmed in the background.
48. CLAIMS – We may sometimes close all or part of the Club for refurbishment or renovation or events or public holidays. If we close it for these reasons for more than two (2) consecutive days, you may suspend your membership while the Club is closed and no suspension fees will be charged to you. You cannot ask us to reduce your membership fees because the Club is closed for such reasons. If we do not fulfill our obligations to you, you may be able to terminate your Contract (see Clause 13).
49. SEVERABILITY – If any part of this Contract is or becomes illegal, void or unenforceable, this does not invalidate the rest of this Contract.
50. FLEXI MEMBERSHIP
- If you have a Corporate Box Gym Flexi Membership, this entitles you to reciprocal rights membership, access and use of all Corporate Box Gym locations except for Corporate Box Rounds. Only members whose Home Club is Corporate Box Gym at Lutwyche are entitled to reciprocal rights membership, access and use of Corporate Box Rounds.
- Please visit www.corporateboxgym.com.au to see operating times, timetables and services available at each of our Corporate Box Gym and Corporate Box Rounds locations.
- Conditions of reciprocal rights membership –
- All changes / enquiries regarding your membership including change of personal details and/or membership type must be completed at your Home Club only.
- Suspensions / cancellations can only be done at your Home Club.
- Outstanding fees must be paid for at your Home Club.
- Gym appointments (including consultations and program prescription) are only available at your Home Club. If you wish to attend gym appointments at another Club, fees may apply.
- Casual Visit holders and Multi Visit Pass holders are not entitled to reciprocal rights.
- 24/7 access is only available at your Home Club.
- If you start to utilise your non Home Club more frequently than your Home Club, a membership transfer will need to occur between Clubs. The Managers of each Club will work together to arrange this transfer for you. A transfer fee of $50.00 will be payable to the Club that you transfer to.
51. SPECIAL TERMS AND CONDITIONS FOR DEFENCE FORCE PERSONNEL
- Waiver of the suspension fee – You can suspend your membership, and we will waive the suspension fee, if you provide written evidence that you are employed as defence force personnel and as a work requirement, you are required to work more than 15km away from the Club for a period. In these circumstances, for any one suspension term, the minimum term for suspension is two (2) weeks and the maximum term for suspension is twelve (12) weeks. You may only suspend your membership in intervals of whole weeks. You are only offered one suspension term in any twenty-six (26) week period. Your minimum Contract period will be extended by the length of your suspension term/s. You must give us notice in writing of your request to suspend your Contract and suspension will be effective within fourteen (14) days after we receive written notification of same. All direct debit payments falling due within that fourteen (14) day notice period will remain due and payable. In all other respects, the Standard Membership Terms and Conditions apply.
- Waiver of the departure fee for termination during the minimum term – You can cancel your membership during the minimum term, and we will waive the
departure fee, if you provide written evidence that you are employed as defence force personnel and as a work requirement, you have been relocated to an area more than 15km away from the Club for a continuous period of at least three (3) months. In these circumstances, your membership will be cancelled as at:
- the date of your relocation; or,
- the date of expiration of your 30 day notice period (the 30 day notice period will commence from the date you provide your written evidence to us), whichever is the later of (i) or (ii) above.
In this event, we will waive the departure fee, being the remaining balance of the total minimum membership fee remaining on your contract, from the date of (i) or (ii) above (whichever applies). In all other respects, the Standard Membership Terms and Conditions apply.
52. SPECIAL TERMS AND CONDITIONS FOR FIFO MEMBERSHIP OPTIONS
- (a) Membership suspension is not available when you are away due to your “Fly In Fly Out” (FIFO) employment. Our FIFO membership options are discounted rates and have been discounted to compensate for the nature of FIFO employment. However, provided that all amounts payable for your membership are paid up to date, you may suspend your membership for holiday travel or medical reasons upon provision of satisfactory supporting documentation. All suspensions must be applied for in writing to us at least fourteen (14) days prior to the commencement of the suspension period. Debit payments will only be suspended for the direct debits that fall within the suspension period. You cannot suspend your membership during any notice period.
- (b) We charge a suspension fee as outlined in your Membership Contract and/or Direct Debit Request Form (and if nothing is stated, the default suspension fee is $10.00 per week plus the stated billing charges) if you wish to suspend your membership for a term. The suspension fee will be direct debited on the same terms as your membership fees. For any one suspension term, the minimum term for suspension is four (4) weeks and the maximum term for suspension is twelve (12) weeks. You may only suspend your membership in intervals of whole weeks. You are only offered one suspension term in any twenty-six (26) week period. Your minimum Contract period will be extended by the length of your suspension term/s. You must give us notice in writing of your request to suspend your Contract and suspension will be effective within fourteen (14) days after we receive written notification of same. All direct debit payments falling due within that fourteen (14) day notice period will remain due and payable.
- (c) In all other respects, the Standard Membership Terms and Conditions apply.
PART B – RULES OF THE CLUB
MEMBERSHIPS – Memberships are to be used only by the owner of the gym membership account. Access Passes are not to be lent or shared with other persons. Any members found to be bringing in a friend without authorisation will be fined $150 and their membership will be terminated.
STORAGE – Shelving is provided for use whilst exercising and will be cleared daily. Please be advised that the shelving provided is not secured and therefore we request all valuable items are carried. Property in shelving is stored at your own risk. The Club shall not be liable for any loss, theft or damage of such property stored in shelving. If your belongings are left in Club shelving, they may be removed and we will take no responsibility for loss or damage. Please note: all lost property and shelving belongings will be disposed of on a weekly basis.
CLOTHING & HYGIENE – We require all members and guests to wear suitable clothing (non-offensive) and appropriate enclosed sporting footwear when visiting any of the exercise areas. The exception to this rule is when undertaking boxing/kickboxing/MMA training where shirts and footwear is not appropriate for such type of training. As the Club is a boxing/kickboxing/MMA oriented Club, you acknowledge that you have joined the Club on this basis and are aware of the non-requirement for shirts and footwear when undertaken boxing/kickboxing/MMA training. It is also paramount that personal hygiene is considered when visiting Corporate Box Gym, so it is appreciated that everyone wears deodorant and is aware of their own body odour.
TOWELS – We require all members to use clean towels to lie on when using equipment (including mats) at all times.
USE OF EQUIPMENT – We ask that you return weights and bars to their racks when you have finished with them. This includes unloading plates from machines and bars when you have finished your set.
VEHICLES – vehicles and their contents, parked in the Club car park or elsewhere on the premises of the Club are left at the owners risk and we will accept no liability for loss or damage.
TIME LIMITS – You must adhere to parking and equipment time limits. Violation of limits may incur fees as decided by us from time to time.
BEHAVIOUR – inappropriate threatening or harassing behaviour, damaging equipment or facilities or use of illegal or performance enhancing drugs in the Club will not be tolerated.
ADDITIONAL SERVICES – We offer additional services such as Personal Training. These services do not form part of the Contract and will incur separate fees and have separate agreements. Personal training sessions are to be conducted by authorized Club trainers only.
EACH VISIT – Access to the Club will only be granted to you upon presentation of your Access Pass and (if requested) photo identification. If you lose your Access Pass, there will be a replacement charge.
GUESTS – Guests may enter the Club on payment of a fee determined by us from time to time. Guests must sign the Guest register, complete a “Welcome to Corporate Box Gym” form (on their first visit) and show a form of photo identification. Guests are subject to the Rules and Terms detailed in the Guest Register and Welcome to Corporate Box Gym form. The number of visits by a guest to a Club is at our sole discretion. All guests must be at least 14 years old and be accompanied by you and must leave when you do. All members and guests are required to acquaint themselves with signage and brochures for additional key Rules located throughout the Club.
CHILDREN – Children who are not members of the Club are not allowed anywhere within our Club except for the designated area for children. You must, at all times, supervise your child and you must, at all times, remain on the premises whilst your child is on the premises. Children are at the sole risk and responsibility of their parent or guardian.
SECURITY – For security purposes, the Club uses video surveillance equipment to monitor the Club on a 24 hour basis.
PART C – CUSTOMER SERVICE AGREEMENT
Our commitment to you
This document outlines our service commitment to you, in respect of the Direct Debit Request (DDR) arrangements made between Corporate Box Gym and you. It sets out your rights, our commitment to you and your responsibilities to us together with where you should go for assistance.
Initial terms of the arrangement
In terms of the Direct Debit Request arrangements made between us and you, we undertake to periodically debit your nominated account for the agreed amount for your weekly / fortnightly / Club dues as defined in your Membership Application and Contract.
Weekly / fortnightly / drawings under the Direct Debit arrangement will occur on the relevant cycle as stipulated in you Direct Debit Agreement. If drawings fall on a non-business day, it will be drawn on the next business day. Please note that drawings may take up to 5 business days to come out of your account. We will provide you with at least 30 days notice when changes to the initial terms of the arrangement are made. If you wish to discuss any changes to the initial terms please contact the Club. If your drawing is returned or dishonoured by your financial institution we will endeavour to contact you requesting payment. If we have not received payment we will re-draw these funds again along with and including any outstanding membership drawings on or before the next Direct Debit cycle. Transaction and administration fees will be charged to your account in the case of any failure to satisfactorily draw against your account.
Changes to the arrangement
If you want to make changes to or stop the drawing arrangements, written notice of this must be forwarded to both the Club and your financial institution including details of all changes requested.
Enquiries and Disputes
Should you wish to discuss these arrangements, including any possible disputed amounts, please call the Club or your financial institution directly. Where disputes are referred to us, we will endeavour to respond to them within 7 days. If you do not receive a satisfactory response from us in relation to your dispute, you may contact your financial institution. They will respond to you with an answer to your claim in accordance with their published processes.
Your commitment to us
It is your responsibility to ensure that:
- Your nominated account can accept direct debits (your financial institution can confirm this); and
- That on the drawing date (and for 5 subsequent days) there is sufficient cleared funds in the nominated account; and
- That you advise us in advance if the nominated account is to be transferred or closed. That if you are paying your fees by credit card, you advise us of any changes to your credit card information, i.e. expiry date, or number.
PART D – PRIVACY STATEMENT AND ACKNOWLEDGEMENT