Latest Membership Terms and Conditions - Oxygen Gym 20.9.24(1235249353.1)

MEMBERSHIP AGREEMENT TERMS AND CONDITIONS


  1. Things to know at the start of Your Membership


    1. These are the Terms and Conditions between Oxygen Hillcrest Gym Pty Ltd (ACN [678987338) and the You as the user of the Gym.

    2. In order to use the Facilities at the Gym, You must become a Member of the Gym. In order to become a Member, You must agree to this Membership Agreement.

    3. We have appointed the Manager to manage and run the Gym and have delegated certain powers, responsibilities and authorities to the Manager to enable them to manage and run the Gym.


  2. Definitions


    Access Fob means the Fob which We can activate when you become a Member, so that You can access the Gym during Operating Hours.


    Check-in Access means access to the Gym which We activate when you become a Member, so that You can access the Gym during Operating Hours via facial recognition software or Access Fob.

    Comfort Guarantee means the 48 hour cooling off period which commences when You sign this Membership Agreement.


    Code of Conduct means the behavioural code of conduct set out in clause 13.


    Direct Debit Provider means Ezypay who will provide direct debit facilities, their terms and conditions are contained in clause 10.1 of this Membership Agreement.


    Facilities means any equipment, bathroom, change rooms, furniture, lockers, and anything in the Gym that You use or have access to when you become a Member.


    Freeze means where Your Membership, Check-in Access and payments are paused or put on hold for the duration of the Freeze period on the terms set out in clause 9.


    Freeze Fee means a weekly fee of $5.00.


    Gym means gym located at 34-38 Johnson Road, Hillcrest QLD 4119.


    Gym Rules means the rules implemented by Us from time to time for use of the Facilities.


    Kids Care means the child minding facility for children of Members aged between 8 weeks and 12 years.


    Kids Gym means the classes held for children aged between 5 years and 15 years.


    Manager means any manager We appoint to run the day to day operations of the Gym.


    Minimum Term means the period of time You Agree to and for when You purchase Your Membership and become a Member.


    Member or Members means all or any people who have entered into a Membership Agreement with the Gym to use the Facilities.

    Membership means that type of Membership of the Gym that You have chosen from those described in clause 4 of this Membership Agreement.


    Membership Agreement means the agreement formed between You and Us when you complete the Membership Application Form and agree to the Terms and Conditions through Oxygen Australia CRM.


    Membership Application Form means the application form you complete through Our sign on platform which contains Your personal details.


    Membership Policies means the membership policies and procedures that all Members must comply with and follow when using the Facilities, as updated and amended by Us from time to time.


    Operating Hours means the period during which the Gym is open and accessible to Members, which is 24 hours a day, 7 days a week.


    Staffed Hours means the hours that Gym staff will be at the Gym as follows:


    1. 05:00 to 21:00 from Monday to Friday; and


    2. 06:00 to 18:00 on Saturday, Sunday and public holidays.


    Terms and Conditions means each and every term and condition in this document and any Membership Policies or rules of the Gym which are communicated to You from time to time.


    We, Us, Our means Oxygen Hillcrest Gym Pty Ltd (ACN 678987338), being the owner and proprietor of the Gym, a gym where You applied for and have been granted your Membership as described in this Membership Agreement.


    You, User means the person described in the who is applying for Membership and "Your" has a corresponding meaning.


  3. Agreement


    By signing this Membership Agreement, You acknowledge and agree:


    1. You become a Member of the Gym and as such You may use the Facilities in accordance with this Membership Agreement and Our Membership Policies;


    2. to follow the rules, regulations and Code of Conduct of the Gym at all times while using the Facilities at the Gym;


    3. to the best of Your knowledge, You have no medical reason that might prevent You from using the Facilities safely;


    4. We do not provide medical advice before You use the Gym including its Facilities, and cannot give You medical advice whilst You use the Gym including its Facilities or following Your use of the Gym including its Facilities; and


    5. Your use of:


      1. any of the Facilities at the Gym;


      2. the car park (if any) at the Gym; and

      3. lockers, which are provided for You to use for the permanent or temporary storage of Your own personal belongings whilst You make use of the Facilities at the Gym, is strictly at Your own risk.


  4. Membership Options and Fees


    Our Membership options and fees are:


    Startup Pack

    Amount

    Inclusions

    O2 Booster Y

    $169

    1 x PT +1 x 25% off meal voucher + 25% off supplement voucher + Consult

    O2 Booster Z

    $199

    3 x PT + 3 x 50% off meal voucher + 50% off supplement voucher + Consult


    Direct Debit


    Oxygen X: Includes Passport

    13 months direct debit

    $32.99 per week

    6 months direct debit

    $35.99 per week

    3 months direct debit

    $37.99 per week

    1 month direct debit

    $40.99 per week


    Oxygen X Plus: Includes O2 Functional OR Reformers & Passport

    O2 Functional 13 months direct debit

    $42.99 per week

    Reformers 13 months direct debit

    $42.99 per week

    O2 Functional 6 months direct debit

    $46.99 per week

    Reformers 6 months direct debit

    $46.99 per week

    O2 Functional 3 months direct debit

    $50.99 per week

    Reformers 3 months direct debit

    $50.99 per week

    O2 Functional 1 month direct debit

    $55.99 per week

    Reformers 1 month direct debit

    $55.99 per week


    Oxygen Lifestyle: Includes O2 Functional, Reformers, Passport + 10% OFF

    O2 Functional + Reformers 13 months direct debit

    $47.99 per week

    O2 Functional + Reformers 3 months direct debit

    $57.99 per week


    O2 KIDS 1 - Month direct debit

    O2 Kids Fitness

    $15.99 per week

    O2 Kids Care 1 Kid

    $9.99 per week

    O2 Kids Care 2 Kids

    $14.99 per week

    O2 Kids Care 3 Kids

    $18.99 per week


    PAID IN FULL

    Oxygen X: Includes Passport

    13 months

    $1399

    6 months

    $799

    3 months

    $499

    1 month

    $299


    Oxygen X Plus: Includes O2 Functional OR Reformers & Passport

    O2 Functional 13 months

    $1899

    Reformers 13 months

    $1899

    O2 Functional 6 months

    $1299

    Reformers 6 months

    $1299

    O2 Functional 3 months

    $699

    Reformers 3 months

    $699

    O2 Functional 1 month

    $399

    Reformers 1 month

    $399


    Oxygen Lifestyle: Includes O2 Functional, Reformers, Passport + 10% OFF

    O2 Functional + Reformers 13 months

    $2199

    O2 Functional + Reformers 3 months

    $899

    O2 Functional + Reformers 1 month

    $499


    Casual Day Pass – ONLY GYM

    $30

    Casual Day Pass - Lifestyle

    $50

    Casual Reformer or O2 Functional Class – Existing Members

    $15


    Your Membership permits You to use the Gym and its Facilities during Operating Hours, and Your Membership is limited by the Membership type You have signed up for.


    Only You may use Your Membership unless We agree that You may transfer the Membership, and You have complied with any procedures in clause 8.5 for the transfer.


    Once You have:


    (a) executed this Membership Agreement, and We have accepted You as a Member; and


    (a) entered into an agreement with Our Direct Debit Provider (if applicable) or paid Your Membership fees up-front,


    then Your Membership with the Gym will commence.


  5. Access


    We will provide You with Check-in Access when You become a Member. We will also attach Your photo to Your account on Our digital Membership database. If You visit the Gym without a valid Check-in Access or photo identification, We may refuse You entry.


    Check-in Access is provided in the form of facial recognition using facial recognition software. You are not obligated to provide biometric data (being facial recognition) to enter the Gym and if You choose not to, You may purchase an Access Fob for $99 to enter the Gym.


    Where you have an Access Fob, if the Access Fob is damaged or lost, We will charge You a replacement fee of $49. The fee covers the cost of replacement Access Fob and re-activation.


    When We activate Your Membership, You will be provided with Check-in Access, which will be issued to You personally, and for Your own personal use.

    We will keep the Gym open during the Operating Hours except where such circumstances prevent Us from opening the Gym including as a result of a government direction, change in law or an emergency situation.


  6. Non-Members/Guests


    You may bring a guest into the Gym but only if they register with the Gym staff, pay a guest fee and meet Our other reasonable conditions which include:


    1. being the minimum age of 14 years;


    2. presenting government photo identification to Gym staff;


    3. completing the pre-exercise questionnaire; and


    4. filling in and signing any other forms We may reasonably require in order to provide them with access to the Gym.


    If You allow non-Members to access to the Gym at any time without Check-In Access or authorisation by Gym staff, You will be subject to a penalty fee of $250 per incident.


    If We observe You committing multiple offences by allowing non-Members into the Gym without Check-In Access, Your Membership may be terminated (at Our discretion) and immediate payment of Your remaining Membership fees for the Minimum Term (where applicable) will become immediately due and payable.


    If You breach this Membership Agreement and bring a non-Member into the club when it is unstaffed, You acknowledge that:


    1. You accept personal responsibility and liability for any injury, loss or damage attributable to the non-Member;


    2. Your Membership may be suspended or cancelled with immediate effect, with no refund to be provided; and


    3. We may decline any request for you to re-join the Gym as a Member.


  7. Extra Services


    The Gym may offer additional services, such as personal training, physiotherapy, Kids Gym and Kids Care.


    These additional services do not form part of this Membership Agreement, and they are not part of Your Membership fees.


    If You participate in any of these additional services, they may involve separate agreements, fees, and rules. These will be communicated and agreed with You before You access such additional services.

  8. Ways to end Your Membership


      1. Comfort Guarantee


        The Comfort Guarantee only applies to new Members who have never held a Membership with the Gym. The Comfort Guarantee does not apply to renewals, or to Membership transfers.


        You may cancel Your Membership during the Comfort Guarantee period by providing Us with notice in writing. If You choose to cancel Your Membership during the Comfort Guarantee period, We will cancel Your Membership and refund any upfront pre-paid Membership Fees.


      2. Expiry of Membership


      3. If you have joined on a 1, 3, 6, or 12 month membership term then, after your minimum term has expired, your membership fees may increase automatically by 3% from the next direct debit date and annually thereafter.


      4. Cancelling Your Membership during the Minimum Term


        1. You may cancel Your Membership immediately for medical reasons, provided You submit documentation from a medical specialist confirming that You are unable to exercise indefinitely.


        2. You may cancel Your Membership if You permanently relocate to an area where the closest Gym is not within a 20km radius, provided You submit documentation, such as government issued identification, reasonably substantiating such relocation. In such circumstances, You must provide Us with 30 days' notice and a cancellation fee of $99 will apply.


        3. You may cancel Your Membership during the Minimum Term at Your absolute discretion, subject to providing 30 days' written notice to Us and payment of a $250 cancellation fee.


        4. You may cancel Your Membership if We breach Our obligations under this Membership Agreement and do not remedy the breach within a reasonable time after You have notified Us in writing. In this instance, We will refund You any Membership fees paid between the date of notification and the date on which We determine (acting reasonably) that We are unable or unwilling to remedy the breach. Unless the law states otherwise, You will not have any other claim against Us if this happens.


        5. If You cancel Your Membership under clauses 8.3(a) - (c) above, You will be liable to pay for Your Membership fees up to the date of cancellation (pro rata).


        6. You cannot Freeze Your Membership payments if You or We have cancelled Your Membership prior to Your request to Freeze such payments (i.e. during any notice period applicable to Your cancellation).


      5. Transferring Your Membership to another person


        You may transfer Your Membership to another person (Transferee) within the Minimum Term of Your Membership Agreement as long as:


        1. the remaining duration of the Minimum Term exceeds 6 months;

        2. the Transferee is not a current Member;


        3. the Transferee completes the New Membership sign-up process including signing Our documentation to confirm that they agree to these Terms and Conditions and either the Transferee or Transferor pay a $99 transfer fee;


        4. the Transferee agrees to pay Membership fees for at least the balance of the Minimum Term, or enters a direct debit payment arrangement if these fees are to be paid periodically by direct debit; and


        5. the Transferee is over the age of 14 and has not previously:


          1. had a Membership terminated or cancelled by Us; or


          2. been in arrears on any Membership fees owing to Us.


            The transfer is only effective once We confirm that all of the above conditions are complied with (acting reasonably).


            Transferring Your Membership to another Club


            1. We may transfer Your Membership to another Club if, during any 12-week period, more than 50% of Your visits occur at a Club other than the Club you signed up at.


            2. If we transfer Your Membership to another Club we will provide you with written notice that the transfer has occurred.


            3. We may continue to transfer Your Membership to reflect the Club where more than 50% of Your visits occur during successive 12-week periods.


            4. We may also transfer your Membership to another Club if you request us to do so in writing.


            5. There is no fee for transferring your Membership to another Club.


            New Club


            Club means any Gym operated by Us.


      6. How to go about cancelling Your Membership


        To cancel Your Membership in accordance with this clause, You can email Us at cs@oxygengym.com.au . In Your email, We will require the following information from You in order to consider your request:


        1. your name;


        2. Your phone number;

        3. address;


        4. signature;


        5. best email address (if not the email address you emailed Us from); and


        6. reason for the cancelation.


    We will then contact You to discuss finalising the cancellation of Your Membership in accordance with the requirements of this clause.


  9. Membership Freeze


      1. Putting Your Membership on Hold


        You may temporarily suspend or Freeze Your Membership for any reason if Your account is up to date. In any twelve (12) month period, You may Freeze Your Membership for a total maximum period of up to six (6) weeks (in aggregate). Each requested period must be for a minimum of two (2) weeks. Certain Members may be eligible for further Membership Freeze's depending on the Membership type. If You are advised by a qualified medical professional due to medical reasons (including pregnancy), We may agree to Freeze Your Membership provided You give Us proof (such as a letter from the qualified medical professional) to Our reasonable satisfaction clearly stating the time period You will be unfit to exercise.


        Before We can place a Freeze on Your Membership, You must ensure that Your fees are up to date and that You don't owe Us any money. We cannot backdate any Freeze requests. You must request a Freeze not less than seven (7) days prior to the date the Freeze is due to commence.


        If We are required by any State or Federal Government to temporarily close the Gym (Closure Period), We will place a Freeze on Your Membership for the whole of that Closure Period. Such Freeze will not be counted towards Your annual maximum Freeze amount stated above. You are entitled to request a cancellation of Your Membership under clause 8 during the Closure Period .


      2. Freeze Fee


    During any Freeze period, a Freeze Fee will apply. While Your Membership is Frozen, the Minimum Term will be extended for the same duration as the Freeze period, and direct debits that fall within the Freeze period will also be paused provided that the Freeze is aligned with Your direct debit schedule, except for the Freeze Fee.


  10. Payment of Membership fees


      1. Paying by Direct Debit


        Where Your payment method is direct debit, You authorise Us to arrange for Your Membership fees to be debited from your nominated account by the Direct Debit Provider, from Your bank account.


        The Direct Debit Providers, terms and conditions are contained here: Ezypay AU_Customer_Terms_&_Conditions.pdf (ezypay.com)

        You acknowledge that the Direct Debit Provider has been engaged to collect the fees due under this Membership Agreement if You are paying by Direct Debit. You further acknowledge that Our rights under this Membership Agreement may be enforced by the Direct Debit Provider without Our direct involvement or any further consent from You beyond Your agreement to this Membership Agreement.


        Throughout the Minimum Term of this Membership Agreement, You must ensure:


        1. Your account can accept direct debits (Your financial institution can confirm this);


        2. there is enough money in Your account on the day the payment is due;


        3. You tell Us if You are transferring or closing Your account, at least one week before Your next direct debit;


        4. You tell Us about any changes to Your credit card, such as its expiry date or number, or changes to Your bank account (as relevant) at least one week before Your next direct debit; and


        5. You notify the Direct Debit Provider and Your financial institution if You want to change or stop Your direct debits.


          All queries and comments about the direct debit billing service should be directed to Direct Debit Provider.


      2. Late or failed payments and outstanding debts


        You must make sure that the payment method You choose continues for the length of Your Membership Agreement and the Minimum Term. If the details You provide to Us fail, You will be required to pay a $3 administration fee per failed transaction which is collected by the Direct Debit Provider. Upon becoming aware of any out of date details, You should update Your details promptly.


        If You provide notice to Us in advance of the due date of any inability to pay Your fees, We may provide You with a grace period of 48 hours to complete the payment.


        You agree that once Your Membership is accepted by Us, that You will honour Your payment obligations for the duration of Your Membership. You agree that if, for whatever reason, the payments are not made by You in accordance with this Membership Agreement, then on prior written notice to You, We may suspend Your use of the Facilities until such time as payment is made.


        We may cancel Your membership on prior written notice if You have dishonoured any payment required to be made to Us pursuant to this Membership Agreement, We have made 3 consecutive attempts to contact You via Your nominated contact details, and You still have overdue payments.


        If You default in payment of Your Membership fees, We may send Your outstanding debt to a third- party debt collection agency to collect Your outstanding fees.


        If Your Membership is terminated by Us due to unpaid fees, and You then apply to rejoin as a Member, We reserve the right to seek payment of any outstanding balance owed to Us and/or to reject the application for Membership, at Our discretion.


      3. Payment of Membership Fees - Pre-paid Membership

        You can pay upfront for certain Memberships.


        Please see our Membership options at clause 4 for a list of the different options available to You.


        Payment for an upfront pre-paid membership is due on the day You sign up for the Membership. When Your upfront pre-paid Membership is due to end, You may renew Your Membership at the current Membership fee or You may let it expire thereby ending Your access to the Gym. By renewing Your Membership, You agree to the Membership terms that apply at that time.


      4. Increase in fees


    We reserve the right to alter Our Membership fees to respond to changes in the cost of providing services associated with operating the Gym. We will post details of any changes to Our Membership fees on Our website Memberships - Oxygen Gyms, in the Gym and send You an email advising of the change in fees at least 30 days' prior to those changes taking effect. If You pay Your Membership upfront, We will notify You in advance of any upfront pre-paid Membership renewal.

    Price increases do not apply to existing upfront pre-paid Membership periods, but take effect upon renewal. If You do not agree to the fee increase, You may cancel or not renew Your Membership at the end of the Minimum Term.


  11. Minimum Age Requirements


    You must be at least 14 years old to become a Member of the Gym and to access the Facilities. Members between the ages of 14 and 16:

    1. must be accompanied by a parent, guardian or personal trainer at all times when in the Gym;


    2. can only access the Gym during Staffed Hours;


    must leave the Gym immediately once Staffed Hours have ended.; If You are under the age of 18, a parent or guardian must sign Your Membership Agreement with You and they must also sign an authorisation/waiver accepting legal responsibility for Your Membership including Your Membership fees and conduct within the Facility.


  12. Your Health


      1. Health conditions and risks


        If at any time You believe that using the Facilities or undertaking any activity at the Gym might put Your health at risk, You must inform Us in writing, providing full details of the risk.


        If You have a medical condition that You have already informed Us of, and the condition changes or worsens, You must inform Us in writing, providing full details of the risk.


        We may, at Our discretion, refuse Your Membership, or refuse to continue or renew Your Membership until:


        1. Your doctor agrees in writing that You are fit to exercise; and


        2. You show Us proof that You have received medical advice on an appropriate exercise program.

      2. Managing Your health, illness and infection


        You must not use the Gym Facilities if:


        1. Your doctor informs You that You should not use the Facilities;


        2. You are aware or become aware that You are suffering from or carrying an infection, virus or any contagious illness;


        3. You have an open cut, wound or sore; or


        4. You are aware or become aware of any ailment, condition or injury that may pose a risk to other Members or guests of the Gym.


    We reserve the right to refuse You entry to the Gym, or to ask You to leave if You have already entered the Gym, or to take reasonable steps to have You removed from the Gym, if We consider that You pose a significant risk to other Members or guests at the Gym.


  13. Code of Conduct


      1. Behaviour in Our Gym


        You must not:


        1. enter the Gym with or use the Facilities while in possession of or be under the influence of alcohol, illegal drugs, or performance-enhancing drugs;


        2. use foul, loud, or abusive language;


        3. be disrespectful of all other Members or Gym staff;


        4. engage in physical or sexual abuse or harassment towards other Members, guests, tenants, or Gym staff;


        5. use language that discriminates based on race, gender, sex, disability, social origin, or any other basis deemed inappropriate by Us;


        6. cause damage or theft while in the Gym. You will be responsible for any such actions caused by You, Your dependents, or guests;


        7. have a bag or personal item (other than a towel) on Your person while You use the Facilities (such items must be stored in lockers provided by Us);


        8. loiter in or around the reception area or Gym staff-only areas;


        9. use the Gyms parking facilities unless You are using the Facilities;


        10. park in spaces that are not designated for the Gym and must not obstruct other vehicles;


        11. allow more than one individual in a shower cubicle at a time;


        12. wear inappropriate clothing with offensive images or inappropriate advertising or be without closed-toe training shoes while exercising in Our Facilities;

        13. leave equipment and weights out of place (they must be returned to their designated spot after use);


        14. deliberately use the emergency systems (if You do so, We may charge You any fees We incur from an emergency department to replace emergency equipment);


        15. neglect to use a towel or fail to wipe down equipment after use with the provided cleaning items (failure which may result in restriction of Your access to the Gym); or


        16. disregard any government regulations applicable to the Gym.


          Failure to comply with the Code of Conduct may result in the termination of Your Membership on prior written notice. In the event of a breach of clauses 13.1(a), 13.1(d) and 13.1(f), law enforcement may be notified and Your Membership may be terminated immediately.


      2. Filming


    The use of cameras within the Gym is strictly prohibited unless prior approval has been granted by Us.


    Members are not permitted to film or photograph any content that includes images of other members or staff without obtaining their prior consent.


    Any third-party filming or photography must be communicated to Us in writing and approved in advance. The requirements in clause 13.2 apply during both staffed and unstaffed hours.


  14. Video Surveillance


    For security purposes, We may use video surveillance equipment to monitor the Gym and by entering into this Membership Agreement:


    1. You acknowledge that by accessing the Gym You will be subject to video surveillance and recording which may include facial recognition monitoring systems;


    2. You agree to this surveillance and recording which may include facial recognition monitoring systems;


    3. the recordings and image remain Our absolute property; and


    4. You consent to any image (still or otherwise) or recording of You (or if You are a child, Your parent or guardian gives that permission) whether or not recorded and saved by the surveillance equipment to be used by Us for any lawful use or purpose in accordance with applicable privacy legislation.


    Surveillance is limited to the internal floor and external Gym areas only, and not within the walls of the bathrooms, change rooms or client screening rooms. This system is used for security purposes but does not guarantee against harm. If You have any queries in relation to the use of monitors operating in and around Our Facilities, please contact Us.


    You acknowledge that by providing Us with Your biometric facial data for Check-in Access, You consent to Us storing this data, along with any subsequent images and recordings to facilitate Your entry into the Gym.

  15. Bookings


    We offer a Member portal/app through which, Members can book group fitness classes, order goods such as protein powder and other extra services outlined in clause 5.


    You must cancel a booking for a group fitness or personal training class at least two (2) hours prior to the commencement of the class. If You fail to cancel and do not show up to the booked class, We may charge a $10 fee to discourage this practice and allow other members the right to access a class if You can't attend. Repeatedly booking classes and not showing up may result in us suspending you from booking classes for up to one month.


  16. Release


    Your use of the Facilities in the Gym is entirely at Your own risk. You acknowledge that Your use of the Facilities and participation in gym activities such as group fitness classes may involve risks, including but not limited to bodily injuries, and You fully accept and assume all liability for these risks except where they are caused or contributed to by Us. You agree to adhere to the Gym's rules, regulations and Code of Conduct.


    You release, to the fullest extent permitted by law, Us, Our employees, officers, and agents against and from all expenses, costs (including legal costs on a full indemnity basis), liabilities, claims, actions, proceedings, damages, judgements and losses of any kind whatsoever, including consequential loss, arising out of, caused by, attributable to or resulting from any accident, damage, loss, damage to property, injury or death to You or any other person or any criminal or other offensive conduct against You such as any form of harassment (whether sexual, physical or otherwise), or any defamation, assault or other criminal conduct against You by another Member of the Gym or other person except where it is caused or contributed to by Us.


    This release includes all liability for damage to Your personal belonging while at the Facility. We are not responsible for the safekeeping of Your personal belongings while You attend the Facility.


  17. Indemnity


    You indemnify Us against and from all expenses, damages, costs (including legal costs on a full indemnity basis), liabilities, claims, actions, proceedings, judgements and losses of any kind whatsoever that We suffer or incur arising out of, caused by, attributable to or resulting from:


    1. any accident, damage, loss, damage to property, injury or death to any other person caused by You at or in the Gym or in the vicinity of the Gym;


    2. any criminal or other offensive conduct by You such as any form of harassment (whether sexual, physical or otherwise), defamation, assault or other criminal conduct by You against another Member of the Gym or other person;


    3. any breach of the Gym's rules and/or policies by You;


    4. Your use or misuse of the Facilities and/or equipment, including any damage or theft caused by You, Your dependents, or guests while in the Gym,


    except where it is caused or contributed to by Us.

    This indemnity includes, but is not limited to, liability for any damage to the property of, or personal injury to, any third party resulting from Your participation at the Facilities. This Membership Agreement shall be binding upon You, Your assigns and transferees. This indemnity does not apply to the extent any loss or damage is caused or contributed to by Us.


  18. Facilities


    You acknowledge and understand that the Facilities in the Gym may be damaged or may breakdown and that it is Your responsibility to check the Facilities before You using it and in case of fault or breakdown You must not use any such Facilities and where possible You must report any breakages or defects You observe to Us.


    If You intentionally damage the Facitlies, We may charge You for the cost of repairs and/or notify law enforcement.


  19. Liability for Property


    If You cause damage to the Gym or any equipment or Facilities or to Your Access Fob You are liable to Us for its cost of repair or replacement.


    We are not liable to You for any personal property that is damaged, lost, or stolen while in or around the Gym including, but not limited to, a vehicle or its contents or any property left in a locker or anywhere else in the Gym, except to the extent caused or contributed to by Us.


  20. Variation to Membership Terms and Conditions, Gym Rules or Policies


    We may change, add to, delete or vary the Terms and Conditions of this Membership Agreement, Gym Rules or Policies for one or more of the following reasons:


    1. to comply with any change or anticipated change in any relevant law or code of practice;


    2. to reflect any decision of a court, ombudsman or regulator;


    3. to reflect a change in Our systems or procedures, including for security reasons;


    4. to respond to changes in the cost of operating the Gym;


    5. to make these Terms and Conditions clearer or to add features.


    Changes to Gym timetables, Facilities and Operating Hours do not constitute a change of this Membership Agreement for the purposes of this clause.


    We will give reasonable prior written notice of any changes to Our Membership Terms and Conditions, Gym Rules or Policies. notice is to be given using the following methods:


    1. publishing the changes in Our newsletter or on Our website;


    2. sending an email notification to Members regarding the changes; and


    3. placing a notice in the Gym.

    If We, vary the Membership Terms and Conditions or the Gym Rules or Policies, and such changes have a detrimental effect on You, then You may cancel Your Membership Agreement by following the steps in clause 8.6.


  21. Change of Details and Assignment


    If any of Your personal details change, please update Your profile via the membership app or at check-in.


    We are entitled to assign this Membership Agreement on prior written notice to You. This may occur if the Gym is sold or transferred to a new owner or operator and the benefit of the obligations imposed under this Membership Agreement are taken over the new operator.


    We may sub-contract Our obligations to someone else on prior written notice to You. If We sub- contract Our obligations to someone else, We remain responsible for ensuring those obligations are met.


    You are entitled to assign the benefit of this Membership Agreement with Our prior written consent, which may not be unreasonably withheld in accordance with Transfer conditions in clause 8.5.


  22. Privacy


    Our privacy policy sets out how We use Your personal information and provides information regarding the collection, use, disclosure, security and access to Your personal information.


    Our privacy policy is available at Privacy Policy - Oxygen Gyms.


  23. Governing Law and Change of Law


This Membership Agreement will be governed by and construed in accordance with the laws from time to time in force in the State of Queensland.


Prepared on: 20 September 2024