Terms & Conditions.
In this Agreement unless the contrary intention appears:
(a) The singular includes the plural and vice versa.
(b) A reference to a party includes that party's legal personal representative heirs and assigns. (c) "TGF'' or "The Gap Fitness" refers to Pilepark Pty Ltd (ACN 056 961 409) trading as The Gap Fitness Club located at 200 Settlement Rd, The Gap QLD 4061
(c) "Ezypay" is Ezypay, Lvl 3, 9 Help St Chatswood NSW 2067. Email: firstname.lastname@example.org
(d) "You" and "Member" refers to the name in which the membership account has been created, which at times may differ to the party paying for the membership, and includes the parent or guardian of the Member if the Member is under 18 years.
(e) "Website" refers to www.thegapfitness.com.au
By signing the agreement you acknowledge and agree:
(a) you have been given a copy of this agreement and agree to abide by your obligations in it;
(b) you are medically sound to undertake a normal course of exercise, you use the club facilities at your sole risk and responsibility and you are aware that exercise is physically demanding and participation in some activities may pose a risk to your health; and
(c) This agreement also relates to your authority to Ezypay or other debiting agent nominated by The Gap Fitness from time to time to directly debit the nominated bank account or credit card for any instalments or fees due under the terms and conditions of this Agreement and Direct Debit Request.
(d) The Gap Fitness will provide the member with the use of the facilities as agreed. The Club may at its own discretion increase or decrease services and facilities.
(e) The member shall hold harmless The Gap Fitness in respect to any event whatsoever which may or does result in any injury, damage of personal property or loss caused to the member or any other person in the care and control of the member.
(f) The owner shall be entitled to assign its rights and obligations under this agreement to any new owner or lessee of the club. In the event The Gap Fitness being sold, all outstanding monies are to be paid to Pilepark Pty Ltd prior to sale.
(g) The Gap Fitness will use your (provided) email address and/or mobile phone number for any correspondence pertaining to your membership. You must ensure that these details are also up to date via The Gap Fitness app or at reception.
(a) The Membership has a cooling off period of 72 hours. If the membership is cancelled within this period then all monies paid will be refunded in full within 14 days. No other refunds are payable under the membership, this includes the member not using the facilities.
(b) The membership is transferable at the discretion of the The Gap Fitness owner or manager. An administration charge of $35.00 will apply to any transfer.
(c) The Gap Fitness reserves the right, at any time, to change the Direct Debit Membership Fees charged to members for use of The Gap Fitness facilities. The Gap Fitness agrees to use reasonable endeavours to provide you with written notice of the changes with at least 30 days notice.
(d) Direct Debit members must give 14 days notice to terminate their membership by filling out the cancellation form (provided). The Gap Fitness will not accept any other form of notice. Cancellation will not be administered until the completed form is received.
(e) Memberships (Direct Debit & Upfront) can be put on hold for a minimum of 1 week up to a maximum period of 4 weeks each calendar year. The on hold must be in multiples of one week. This is provided free of charge. For any further periods a charge of $3.00 per week is charged and this will be deducted from your nominated account. The on hold charge will be waived if a medical certificate is given to reception staff.
(f) The Gap Fitness reserves the right to change the Upfront Membership price upon renewal with written notice of the changes with at least 30 days notice.
(g) The Gap Fitness will take a photo (headshot) of you for security reasons relating to the safety of our members. The photograph will not be used for any other purposes and will be securely stored on our database
Changes to your membership agreement
(a) We may need to make changes to this agreement including our Club Code of Conduct (Club rules) during your membership. However, we will always try to do this in a way that is fair by giving you an opportunity to cancel your membership if you do not agree to the change as described in the clause below
(b) We will tell you in writing of the proposed change in advance and tell you the date that it will come into effect. This effective date will be at least 30 days from the date of our notification unless it is impractical for us to do so. Your membership will be amended with effect from the effective date. If however, you are adversely affected by the change, you may cancel your membership without payment of a cancellation fee by telling us in writing before that date. Please note you cannot cancel under this clause if we are required to make the change in order to comply with a law or any direction of a competent authority.
The staffed hours for The Gap Fitness are displayed on the entrance to the The Gap Health & Racquet Club and available on our website www.thegapfitness.com.au. The Gap Fitness reserves the right to change these hours at any time without notice.
The Gap Fitness operates on a 24/7 basis and is accessible to members during unstaffed hours. 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
Access during unstaffed hours is available for members of our Club only. Members who bring a non-member to The Gap Fitness during unstaffed hours acknowledge that:
(a) They accept responsibility and liability for any injury, loss or damage attributed to the non-member
(b) They are subject to immediate membership termination.
(c) They may be subject to a Tailgate Fee (monetary penalty) payable
prior to returning to The Gap Fitness
(a) You will need your Fob Key (or access card) to access GHRC and must swipe this each time you use the Facilities and Services.
(b) If you lose or forget your Fob Key (or access card) please see reception with photo ID. You should not ask or expect another person to let you into a Club at any time. You must not let anyone else into a Club without the approval of Club staff or let anyone else use your Fob Key (or access card).
(c) If you break this term, you may be charged the Tailgate Fee and/or your Membership may be suspended or cancelled.
(d) If your Fob Key (or access card) is lost or stolen you must let us know immediately and get a replacement in 14 days or you may be refused Club access. A Replacement Fob Key Fee will apply
For security purposes, The Gap Fitness uses video surveillance equipment to monitor the floor areas of the gym. By signing this agreement you are acknowledging that 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 bathroom.
YouthFit memberships (12 - 17 years)
All Members under the age of 18 must have the following completed prior to the commencement of membership: (a) Parent or guardian must co-sign the YouthFit membership agreement
(a) YouthFit members must complete a complimentary 30 minute induction sessions upon joining prior to the first gym session (subject to availability)
(b) Upon Leaving high school YouthFit members' direct debit rate will increase to a full Platinum Membership unless cancellation policy is adhered to.
Minors - 15 - 17 years
(a) Must attend during staffed hours if using the Strength & Conditioning Studio or Cardio Theatre unless having attended a YouthFit Safety Seminar and deemed ‘fit’ to have 24 hour access to The Gap Fitness. The seminar is not included in the YouthFit membership fee and will be payable separately via reception or our app.
Minors – Under 15 years
(a) Must be accompanied by a parent/guardian over the age of 18 years if using the Strength & Conditioning Studio or Cardio Theatre. The exception is during scheduled YouthFit supervised times as the qualified YouthFit Coach acts as a guardian (check on our website or with Reception for current supervised hours)
(b) May participate in Group Fitness classes (at the discretion of the Group Fitness Instructor)
Please look after your personal items. We offer lockers where members can leave their belongings when they train. The Gap Fitness employees, or contractors, are not responsible for any loss of personal property. Damage to, or the loss of personal items are the sole responsibility of the member.
The Gap Fitness does not take responsibility for loss or damage of your belongings. Any items of lost clothing will be held for two weeks, and then donated to charity.
Club Code of Conduct (Club rules)
(a) Club Code of Conduct (Club rules) apply to everyone using the Facilities and Services. A copy of the Club Code of Conduct (Club rules) is available on request at reception or on our website.
(b) Club Code of Conduct (Club rules) form part of this Agreement so you must make sure you read, understand and follow them at all times.
(c) If you break any of the Club Code of Conduct (Club rules) we will respond in a way we consider fair and appropriate. For example, in less serious cases, we may give you a warning but in serious cases or where you have repeatedly broken Club Rules we may suspend or cancel your Membership. If your breach causes us or another person costs, loss or damages, you agree to pay for these.
Illegal performance enhancing or other illicit substances
You acknowledge that the distribution or use of illegal or performance enhancing drugs is prohibited and promise that you will not use or distribute these substances in or near a Club.
I acknowledge that I have read and agreed to the terms and conditions and I am physically and medically capable of undertaking a regular exercise program and I have advised the staff of The Gap Fitness Club of any known risk.
I agree that this proposal and declaration shall form the basis of this agreement between myself and Pilepark Pty Ltd (ABN: 86 056 961 409) t/a The Gap Fitness Club.