TERMS AND CONDITIONS
Welcome to Coast Fitness HQ.
To ensure that Coast Fitness HQ Pty Ltd (ACN 604 906 434) (Coast Fitness HQ) is able to provide a safe and comfortable environment for all members and staff, you are required to comply with the following terms and conditions (Agreement). The information outlined in this Agreement can and will be used in the event of a discrepancy.
By signing this Agreement, you acknowledge and agree that:
(a) You have been given a copy of this Agreement, understand the Agreement and agree to abide by your obligations in it;
(b) You are medically sound to undertake a normal course of exercise;
(c) Use of the Centre is at your sole risk and responsibility and you are aware that exercise is physically demanding and participation in some activities offered by Coast Fitness HQ may pose a risk to your health;
(d) This Agreement also relates to your authority to Coast Fitness HQ from time to time to direct debit your nominated bank account or credit card for any instalments or fees due under the terms and conditions of this Agreement and Direct Debit Request. These terms and conditions are set out in this Agreement and can also be accessed on the website www.coastfitnesshq.com.au; and
(e) As a member, you use our Centre in line with these terms and conditions, including the Centre Code.
(a) Agreement: means this agreement as entered into between Coast Fitness HQ and yourself, under which you will become a member of Coast Fitness HQ.
(b) Centre: means the Coast Fitness HQ fitness centre and facilities.
(c) Centre Code: means the code for operating equipment, opening hours and behaviour in the Centre, as specified in these terms and conditions and as otherwise stipulated in Centre signs and handouts.
(d) Coast Fitness HQ, We, Us, Our: means Coast Fitness HQ Pty Ltd (ABN 63 604 906 434).
(e) Corporate Partners: means a company who holds a partnership agreement with Coast Fitness HQ and agrees to subsidise a portion of the full membership fees for its employees/members.
(f) Minimum Term: means the period of twelve (12) months beginning on the commencement of your membership.
(g) Upfront Membership means any Member whom at that Member’s election pays their membership fee in-full at the commencement of that Member’s membership.
(h) Website: means the Coast Fitness HQ Website accessible at www.coastfitnesshq.com.au or such other website as notified to Members from time to time.
(i) You, Your, Member: means the name in which the membership 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.
3. Memberships Available
(a) This section constitutes an Agreement summary for understanding our membership options, which are as follows:
ii. Platinum membership;
iii. Flexi membership;
iv. Upfront membership (comprising 1-week Upfront membership, 3-month Upfront membership and 6-month Upfront membership);
v. Youth membership; and
vi. Senior membership.
(b) Subject to clause 18(a), this Agreement will commence on the day which the Agreement is signed and:
i. for Gym Only members and Platinum members, continue for at least the Minimum Term unless terminated in accordance with this Agreement; and
ii. for all other members, continue on a month-to-month basis until terminated in accordance with this Agreement.
(a) All enquiries and comments about the services provided under this Agreement should be directed to email@example.com and should be made at least 1 working day prior to the next scheduled debit date.
(b) The member acknowledges that the Centre is to collect the fees due under this Agreement if paying by way of direct debit, and also acknowledges that all rights of the Centre under this Agreement are able to be enforced by Coast Fitness HQ without any involvement on the part of the Centre or the consent of the member.
5. Centre Access
(a) Members are required to present their membership card (or photo ID) upon entry to the Centre at every visit. Where a Member attends the Centre without an access card or photo ID, the Centre may refuse your entry.
(b) Upon entering the Centre, you must scan your membership card and register your attendance for safety, security and insurance purposes.
(c) Your access card remains the property of the Centre at all times and you are prohibited from lending your card or allowing anyone else to use it.
(d) If you lose your membership card or key tag, a replacement can be purchased from reception upon providing proof of identification.
(f) All ‘guest visitors’ to Coast Fitness HQ are required to present photo identification upon every visit, complete our quick registration, and otherwise comply with our general conditions of entry and Centre Code as contained in this Agreement.
6. General Conditions of Entry & Centre Code
To assist us in maintaining a safe and comfortable environment for all members and staff, you are required to abide by the following conditions. Failure to abide by these conditions may result in the suspension or termination of your membership.
(a) ENTRY: Entry will be refused or you may be requested to leave the Centre if:
(a) You use abusive or threatening language or behave in a threatening or inappropriate way;
(b) You are under the influence of drugs or alcohol;
(c) You train or instruct other members of the gym without the authorisation of Coast Fitness HQ; or
(d) You behave in a way that is considered by Coast Fitness HQ to place the safety of yourself and/or other persons at risk.
(b) NON-SMOKING: Our Centres are non-smoking facilities. The smoking of cigarettes or electronic cigarettes (e-cigarettes or vapes) is strictly prohibited.
(c) RELAXATION ZONES: Sauna and steam rooms are available for both male and female use, and as such minimum standards of dress apply. Members acknowledge and must comply with the following conditions when accessing the sauna and steam rooms:
1. For Health, Hygiene and Safety Reasons, members and guests must:
a) at all times wear swim wear or active wear. Nudity is strictly prohibited;
b) NOT use water on the rocks/elements in the sauna or steam rooms;
c) NOT use oils or cosmetic products in the sauna or steam rooms;
d) use a towel when in the sauna or steam rooms;
e) Never shave in the sauna or steam rooms;
f) not attempt to dry clothing in the sauna room (this is a fire hazard); and
g) not touch the hot rocks.
2. Sauna and steam room users must be at least 16 years of age. Children are not allowed in the sauna or steam room at any time.
3. Members should use the sauna and steam room in moderation. The Centre recommends that the sauna and steam rooms are not used for more than 20 minutes at a time.
4. The Centre strongly recommends that pregnant women avoid using the sauna and steam room.
5. For safety and security, the Centre reserves the right to have CCTV cameras in the sauna and steam rooms.
6. Members and guests must register or sign in to the sauna and steam rooms before entering
7. Limits on the number of people allowed at any one time in the sauna may apply.
(d) SUITABLE CLOTHES: All members and guests must wear suitable clothes and enclosed sports shoes in any exercise areas, except for wet areas or during the heated classes.
(e) TOWELS: You are required to use a clean towel when participating in classes and when exercising on gym equipment (including exercise mats) to maintain our hygiene and safety standards. You may be requested to cease training or to leave the gym if you do not use a towel. Subject to availability, you may purchase a towel from reception.
(f) CAMERA USE: You must not use cameras in our Centres without our permission. Taking photos or videos of other members without their consent is a breach of our terms and conditions.
(g) PARKING: Parking in the Centre’s car park or on the Centre’s premises is at your own risk. To the extent permitted by law, we are not liable for any loss or damage to your vehicle or its contents that occurs on the Centre’s property or the surrounding area.
(h) PERSONAL TRAINING: Personal training services are available and you may make contact with one of the personal trainers directly. As the personal trainers operating within Coast Fitness HQ are contractors and are not directly employed by Coast Fitness HQ, all arrangements for personal training services and payments (with the exception of purchase of Coast Fitness HQ offered starter packs) should be made directly with the personal trainer. Please note only authorised Coast Fitness HQ registered personal trainers are permitted to train members in our Club. Conducting personal training within Coast Fitness HQ without being an approved personal trainer may result in the cancellation of your membership.
7. Use of Equipment
You are required to return equipment to its original state when you have finished, including:
(a) Return weights and bars to their rack.
(b) Unload plates from machines and bars.
(c) Return equipment to its storage location in group fitness classes.
(d) For the safety of you and others, please follow all equipment operating and safety instructions on the equipment.
(e) If you are not sure of correct use or operation of equipment, please seek assistance from a team member.
As a courtesy to other members, please use a clean towel when using equipment and keep phone calls to a minimum.
8. Lockers, Valuables & Lost Property
(a) Lockers are available and are located in the change rooms. However, the Centre emphasises that lockers are not security devices.
(b) To the extent permitted by law, Centre employees or contractors are not responsible for any loss of, or damage to, personal property from the Centre or a locker. We also recommend that you keep all valuables with you while using the Centre.
(c) Damage to, or the loss of locker keys and cards, will incur a reasonable charge to repair the damage or replace the item.
(d) The Centre is unable to look after your personal possessions (keys, wallets or charge your phone for example) whilst you are in the Centre.
(e) Bags are not permitted on the gym floor for safety reasons.
9. Membership Fee Increase
Where you have joined on a Direct Debit Membership (Gym Only, Platinum, Flexi, Youth and Senior) then, after your Minimum Term has expired, your membership fees may be increased by 3% from the next direct debit date and annually thereafter, upon at least 14 days’ written notice.
10. Membership Entitlements
Membership at Coast Fitness HQ entitles you to:
(a) Work out as many times as you wish in a given period, subject to Centre operating hours.
(b) Participate in normally scheduled group fitness classes. However, please note additional fees may apply for specific group fitness programs or challenges. Please refer to Coast Fitness HQ website for more information in relation to these additional offerings.
(c) Use exercise equipment located on the gym floor and cardiovascular training areas.
(d) Where applicable, use the other facilities including steam and sauna.
(e) Coast Fitness HQ reserves the right to make changes to exercise equipment at any time or the group fitness timetable at any time (i.e., alter class type, times and instructors).
11. Corporate Partnerships
(a) You may be entitled to receive a discount on your membership as a result of an agreement with a Corporate Partner.
(b) In the event that:
i. Coast Fitness HQ’s agreement with that Corporate Partner ceases; or
ii. your employment or membership with the Corporate Partner ceases,
you acknowledge and accept that your Minimum Term will continue and will automatically revert to the agreed full standard rate.
(c) Where your discounted membership ceases in accordance with clause 11(b) and you do not wish to continue as a Member of Coast Fitness HQ, you may cancel your membership.
(d) If this occurs as a result of Coast Fitness HQ’s agreement with that Corporate Partner ceasing then we will provide you with notice as soon as practical by mail or email (at our choice) using the most up to date physical or email address you have given us.
(a) Minors aged at least 16 years are eligible for a membership subject to compliance with this Agreement, in addition to the Centre’s applicable Minors Policy and the following general terms and conditions:
ii. The minor must comply with all safety requirements of the Centre as communicated to the member from time to time;
iii. The minor’s membership may be cancelled for any inappropriate behaviour, misuse of equipment or failure to comply with safety requirements;
(b) Minors Policy – 14-15 years:
i. Membership is not permitted.
ii. Casual access is only permitted during operating hours and minors must be directly accompanied by a parent, legal guardian or suitably qualified personal trainer or other accepted exercise professional.
iii. Minors in this age group are not eligible to redeem Trial or Guest Passes or similar promotions.
iv. Minors of ages 14-15 are permitted to partake in or use:
a. Non-weight-based group fitness classes;
b. Cardio equipment; and
c. Other equipment prescribed by a medical or exercise professional,
provided that they are directly accompanied by a parent, legal guardian or exercise professional.
v. For safety and insurance purposes, minors in this age group are not permitted to use weights for any purpose unless prescribed by a medical professional.
(c) Minors Policy – 16-17 years:
i. Membership is permitted with the consent and signature of the minor’s parent or legal guardian. The minor can access the Centre independently during operating hours (without a parent or legal guardian).
ii. Members of at least 16 years of age are eligible to redeem Trial or Guest Passes or similar promotions, provided that a parent or legal guardian attends the Centre on first visit and signs as guarantor on waiver.
iii. Members of at least 16 years of age are permitted to independently partake in or use (able to undertake independently):
a. All group fitness classes;
b. All challenges;
c. Weight based equipment;
d. Cardio equipment; and
e. Programs (subject to the age policy of each specific program)
(d) Members of 18 years and older are not subject to the Centre’s Minor’s Policy. Standard adult membership terms and conditions apply. All classes and equipment are available subject to any medical advice.
13. Legal Responsibility
(a) MEETING YOUR RESPONSIBILITIES
i. Your responsibilities, including payment of membership fees, do not depend on how often you use the Centre.
ii. You must tell us about anything that affects your membership, and any changes to your contact information and bank details
iii. You must inform us in advance and in writing if there are any risks to your health if you participate in fitness services and if required seek approval from your Doctor or General Practitioner.
(b) DAMAGE & PERSONAL INJURY
To the maximum extent permitted by law, Coast Fitness HQ excludes any liability to the member in Agreement, tort, statute or in any other way for any injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by the Member and/or any other person, or for any costs, charges or expenses incurred by the Member, arising from or in connection with this Agreement and/or the services/products provided by Coast Fitness HQ and/or any act or omission of Coast Fitness HQ.
(c) OUTSIDE PROVIDERS
Contractors, tenants and franchisees provide some services in our Centres, such as personal training, physiotherapy and massage (Outside Providers). You will need to pay service fees directly to the Outside Providers and we are not responsible for those fees or for any associated costs or refunds.
Claiming against Outside Providers
i. Any service provided by an Outside Provider is a contract between the Outside Provider and you and we to the extent permissible by law, we do not accept any responsibility for a breach of contract or negligence.
ii. If you make a claim because of something an Outside Provider has or has not done, your claim should be brought against the Outside Provider, not us, whether you have paid them or not. To the maximum extent permissible by law, you release us from any claim resulting from an act or omission by an Outside Provider.
iii. Wherever we can, we will help you to resolve issues with Outside Providers. We will also make sure that personal trainers in our Centres have up-to-date qualifications and insurance. We only allow personal trainers from the Centre to work in our Centre.
14. Special Conditions for Certain Membership Types
If there are special conditions or benefits relating to your membership type, these will be either attached to your Agreement and/or displayed on the website and form part of your Agreement.
15. Renewing Upfront Membership
(a) This term applies only to Upfront Memberships. When your Upfront Membership is due to end you can renew your Upfront Membership at the current membership rate as advertised by Coast Fitness HQ at the time of your membership renewal. By renewing your Upfront Membership, you agree to the membership terms that apply at that time, which will be made available to you prior to payment of the then current membership rate.
(b) If you wish to cancel your Upfront Membership for any reason indicated in Section 18, we will refund you 100% of the value of the unexpired term remaining on your Upfront Membership less any applicable cancellation fees as soon as practicable (and within 7 days of termination where legally required).
16. Overdue Fees & Revocation of Membership Entitlements
(a) All your entitlements and entry into the Centre may be revoked if your account is in arrears and you fail to resolve the debt after being provided reasonable notice.
(b) You may dispute the payment of a membership fee instalment if you believe that you have been wrongly charged or that Coast Fitness HQ has breached the terms of this Agreement. To dispute a payment, please contact reception or send an email outlining your dispute to firstname.lastname@example.org.
(c) In the event that your automatic direct debit payment is reversed or returned to us by your financial institution, the following process will apply:
ii. If the debit remains outstanding, it will be processed within 4 business days of the reversal, including a late fee of $9.95.
iii. If the debit is unable to be processed and you fail to pay us the fees within 10 business days of the reversal, you will be refused entry to the Centre. If following the above your unpaid fees remain outstanding for more than 20 business days and you have not disputed the payment of your membership fee instalment in accordance with clause 16(b), your outstanding payments may be forwarded to a collection agency for further action.
17. Debt Collection Agencies
(a) 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 Coast Fitness HQ, you:
i. authorise Coast Fitness HQ to notify any debt collection agency of the default in accordance with the Terms and Conditions;
ii. agree to immediately pay the full outstanding balance of the remainder of the payments due, including any current arrears, should a default occur prior to this Agreement terminating;
iii. authorise Coast Fitness HQ to add $50 to the outstanding debt as its fee for resolving the default; and
iv. agree to pay any and all costs incurred by Coast Fitness HQ as a result of debt collection including without limitation the commission, fees and costs charged by any debt collection agency.
18. Cancellation / Termination
A cancellation request should be provided to the Centre as follows:
(a) COOLING OFF PERIOD
i. Your membership is subject to a ten (10) business day cooling off period.
ii. The cooling off period applies to new memberships only and does not apply to membership transfers or renewals.
iii. The cooling off period starts from the date the Agreement is entered into (the date the Agreement is signed) and ends at close of ten (10) business days later.
iv. Your membership can be cancelled during the cooling off period by contacting Coast Fitness HQ via the Centre contact details as listed on the website.
v. All monies paid will be refunded with the exception of a reasonable administration fee of up to $110.00 which shall be payable by you if your membership card and/ or any other merchandise you received on joining are not returned within seven (7) days of termination of your Agreement.
(b) PERMANENT SICKNESS OR PHYSICAL INCAPACITY
i. You may terminate this Agreement before the expiry of the Minimum Term if:
a. you are sick or incapacitated; and
b. a time freeze is not a suitable option for your circumstances as your sickness or incapacitation prevents you from exercising at the Centre for 8 or more weeks.
ii. To terminate this Agreement in accordance with clause 18(b)(i), you must provide Coast Fitness HQ with a current certificate from a qualified medical practitioner stating that your illness or incapacity prevents you from utilising any fitness services or facilities for at least the next 8 weeks.
i. You may terminate your Agreement before the expiry of the Minimum Term if you are bankrupt.
ii. To terminate this Agreement in accordance with clause 18(c)(i), you must provide Coast Fitness HQ with evidence of a Notification of Bankruptcy from the Australian Financial Security Authority (AFSA), confirming your bankruptcy.
(d) CANCELLATIONS AFTER COMPLETION OF MINIMUM TERM:
i. A Member may terminate at any time after the completion of the Minimum Term, as extended by any membership freeze, on at least 28 days’ notice.
ii. In the event that any instalments or fees remain due and payable at the date of termination, the member must make payment of these outstanding amounts within 10 business days of terminating this agreement in accordance with clause 18(d)(i).
(e) ONGOING MEMBERSHIP AGREEMENTS:
i. If your contract is designated as an ‘ongoing membership’ on the front page, you acknowledge that unless you provide notice of termination of your membership prior to the end of the Minimum Term, your membership fees will continue to be deducted until you provide us with at least 28 days’ notice of your intent to end your membership.
ii. If your contract is designated as a ‘fixed term membership’ you acknowledge that it will terminate at the end of the term displayed on the contract unless you renew prior to that date.
(f) CANCELLATION FOR ANY OTHER REASON (within Minimum Term):
i. You may terminate your Agreement before the expiry of the Minimum Term (or payment amount) if all instalments and fees due up to the date of termination are paid and the relevant cancellation fee is paid in full at time of cancellation request. The cancellation fees for Gym Only and Platinum Membership options are as follows:
a. If there are less than 12 months but more than 6 months of membership fee equivalent remaining on the Minimum Term of the Agreement= $245.
b. and, if there are less than 6 months of membership fee equivalent remaining on the Minimum Term of the Agreement= $195 OR the amount of the future membership fees payable whichever is the lesser).
ii. You can request to cancel your membership by emailing: email@example.com.
Confirming your request. When you do this, please always: give us your full name, membership number and your reason for cancelling so we can confirm your request in writing; and keep a copy of your request.
You may be liable for further damages for breach of contract if you terminate the Agreement in a manner not described in the Agreement.
(g) TERMINATION BY THE CENTRE:
The Centre reserves the right to terminate this Agreement in any of the following circumstances
i. You fail to abide by any of the criteria listed in the conditions of entry (posted in your Centre) after being notified of any failure;
ii. You fail to abide by the obligations listed in this Agreement and the breach/non-compliance is incapable of remedy or you fail to remedy the breach/ non-compliance within 14 days of being notified by Coast Fitness HQ or you continue to breach this Agreement;
iii. If we reasonably believe that you have engaged in conduct that infringes on the health, safety or wellbeing of any other members or staff;
iv. The temporary or permanent closure of the Centre where a suitable replacement Centre is not available for the membership to transfer; or
v. To protect the health and safety of you or other members.
In the event of a termination under this provision and where appropriate, Coast Fitness HQ will refund to you a proportion of fees paid under any Upfront Membership representing the unused portion of the Agreement less any applicable cancellation fees.
(h) TERMINATION BY THE MEMBER
Members are permitted to terminate this Agreement, without incurring a cancellation fee, in the following circumstances:
i. Where these terms and conditions are varied in accordance with clause 22 or a Centre Code is changed and you are adversely affected by the change. For the avoidance of doubt however, changes to Centre timetables, facilities, equipment and hours of operation do not permit you to terminate this Agreement under this clause.
ii. If we breach our obligations to you and we do not fix the breach in a reasonable time after you have told us about it in writing. We will refund you any membership fees you pay between the date of notification and the date on which we decide that we cannot fix the breach.
iii. Where there is a permanent closure of the Centre where a suitable replacement Centre is not available for you to transfer.
(i) CANCELLATION FOR MEMBERS NOT SUBJECT TO MINIMUM TERM
A member whose membership duration is not subject to the Minimum Term may at any time terminate this Agreement on at least 28 days’ notice.
19. Membership Freeze
You can freeze your membership for a minimum period of 2 weeks, up to a maximum of 8 weeks each calendar year at no cost.
· You must enter your suspension online via your member portal or by emailing firstname.lastname@example.org at least 7 days prior to the start date of the freeze.
· If your membership type provides for a free membership freeze, no fee shall apply for the period of the membership freeze.
· After the period of free membership freeze in your membership type, any additional freeze shall be charged at a cost of $0.85 per day.
· Before freezing your membership, you must make sure your fees are up to date and there are no arrears outstanding on your account.
Please note that if you are within your Minimum Term, any time freezes are not classified as a full payment toward your contract and so your Minimum Term will be extended by the length of any freeze.
Note that we cannot backdate any time freeze requests. You must request a freeze seven days prior to the start date of the freeze. Freezes can only be processed on Monday, Tuesday or Wednesday.
You can transfer your membership to another person (transferee) within the Minimum Term of your Agreement so long as the transferee:
· Is not a current member;
· Has not been a member in the last 3 months;
· Completes the new membership sign-up process;
· Is eligible to take up your membership (for instance, you cannot transfer a corporate or concession membership to someone who would not qualify for that membership); and
· Has not previously been banned from Coast Fitness HQ or failed to pay membership fees.
The transfer is effective only after the transferee has completed the sign-up process. Transferees of a membership are subject to the same membership terms and conditions as the transferor. We do not allow transfers once you have completed your Minimum Term. You also cannot transfer Upfront Memberships.
· You acknowledge and understand that CCTV will be installed in appropriate areas within each Centre and surrounds as a strategic component for team member, member and contractor safety and crime and misconduct prevention.
22. Staying Up To Date With Your Terms
We may sometimes change our terms and conditions. This includes changing a Centre’s opening hours, its services and facilities and membership fees. Sometimes, we may also close our Centre for refurbishment. We do not reduce your membership fees because our Centre is closed for renovations or repairs or for a public holiday. The most up-to-date terms and conditions always apply. You can find copies on our website www.coastfitnesshq.com.au.
If we reasonably consider that any change to the terms and conditions is likely to benefit you or be of no, or immaterial, detriment to you, we can make the change immediately and do not need to notify you.
For all other changes, we give you at least 30 days’ notice of any changes, for instance by:
· Publishing them on our website; or
· Placing a notice in the Centre; or
· Calling you or writing to the address (post or email) you last gave us.
23. Having Your Contract Transferred
We can assign or transfer the benefit of your contract to a person, firm or company at any time, provided we are reasonably satisfied that the person, firm or company is capable of performing its obligations under this contract. We will give you 30 days’ prior notice in writing.
We can also sub-contract our obligations to someone else without notice to you. But if we do, we are still responsible for ensuring those obligations are met.
Your “personal information” (as that term is defined in the Privacy Act 1988 (Cth) will only be used by Coast Fitness HQ in accordance with the provision of its Privacy Statement.
The Coast Fitness HQ Privacy Statement can be obtained from its website.
We sometimes film or photograph the Centre so it is possible you will appear in the background. By signing your Agreement, you allow us to use your image in promotional and other business-related material.
Coast Fitness HQ will use the contact details you have provided above to contact you about your membership. Coast Fitness HQ, related companies and companies we engage to perform services on our behalf, may also contact you from time to time both during and after your membership with information about fitness and wellness, promotions, special offers and other materials about Coast Fitness HQ and related companies’ service and products. Coast Fitness HQ will not provide your personal information or contact details to unrelated third parties. Depending on your preferences, you may be contacted in the following ways: mobile, email and/or SMS. You can change your mind at any time about receiving marketing materials by contacting email@example.com.
25. Entire Agreement
This Agreement and its Annexures, and the Direct Debit Request (if paying by Direct Debit), and any Special Terms & Conditions listed on the website constitute the entire agreement, understanding and arrangement (express and implied) between the Member and Coast Fitness HQ relating to the subject matter of this Agreement and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.