Membership Agreement Terms and Conditions

Membership Agreement Terms and Conditions

1. Membership Agreement Terms and Conditions

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

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

1.3 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

Key definitions used in this Membership Agreement include:

  • Access Fob: A device activated upon membership for accessing the Gym during Operating Hours.
  • Check-in Access: Access to the Gym via facial recognition or Access Fob.
  • Comfort Guarantee: A 48-hour cooling-off period commencing upon signing this Membership Agreement.
  • Direct Debit Provider: Ezypay, which provides direct debit facilities.
  • Operating Hours: The Gym is open 24 hours a day, 7 days a week.
  • Staffed Hours: Monday-Friday: 05:00-21:00; Saturday-Sunday and public holidays: 06:00-18:00.

3. Agreement

By signing this Membership Agreement, You acknowledge and agree to:

  • (a) Becoming a Member of the Gym and using the Facilities as per this Membership Agreement and Membership Policies.
  • (b) Following the rules, regulations, and Code of Conduct of the Gym at all times while using the Facilities.
  • (c) Ensuring to the best of your knowledge that you have no medical reason preventing safe use of the Facilities.
  • (d) Acknowledging that We do not provide medical advice regarding your use of the Gym or its Facilities.
  • (e) Using the Facilities, car park, and lockers at your own risk.

4. Membership Options and Fees

Our Membership options and fees include:

  • Startup Pack:
    • O2 Booster Y: $99 (1 PT session, 25% off meal voucher, supplement voucher, and consult).
    • O2 Booster Z: $169 (3 PT sessions, 50% off meal voucher, supplement voucher, and consult).
  • Direct Debit:
    • Oxygen X: $32.99/week for 13 months (Bootcamp & Passport included).
    • Oxygen X Plus: $42.99/week for 13 months (CrossFit or Reformers included).
    • Oxygen Lifestyle: $47.99/week for 13 months (Bootcamp, CrossFit, Reformers, and Passport included).
  • Paid in Full: See detailed price breakdown in the Membership Agreement.

5. Access

Members will be provided with Check-in Access through facial recognition or an Access Fob ($99). Damaged or lost Fobs incur a $49 replacement fee.

6. Non-Members/Guests

You may bring a guest under the following conditions:

  • Minimum age: 14 years.
  • Completion of pre-exercise questionnaire and registration with Gym staff.
  • Payment of a guest fee.

Unauthorized access incurs a $250 penalty per incident.

7. Extra Services

Additional services (e.g., personal training, Kids Gym) are not part of Membership fees and require separate agreements.

8. Ways to End Your Membership

Membership may end through the following:

  • Comfort Guarantee: Cancel within 48 hours for a refund.
  • Expiration: Membership ends at the Minimum Term's expiry unless extended.
  • Cancellation: Fees and conditions apply for cancellations during the Minimum Term.
  • Transfer: Memberships can be transferred under certain conditions for a $99 fee.

9. Membership Freeze

Membership can be frozen for up to six weeks per year ($5/week). Medical freezes may require documentation.

10. Payment of Membership Fees

Fees may be paid via direct debit or upfront. Late payments incur a $3 fee per failed transaction.

11. Minimum Age Requirements

Members must be at least 14 years old. Additional conditions apply for minors under 18 years old.

12. Your Health

Inform the Gym of any medical conditions or risks. You must not use the Facilities if unfit or contagious.

13. Code of Conduct

Members must comply with the Gym's rules. Violations may result in Membership termination.

14. Video Surveillance

The Gym uses video surveillance for security purposes. By entering, you consent to this monitoring.

15. Bookings

Bookings for classes must be canceled at least two hours before the class starts. No-shows may incur a $10 fee.

16. Release and Indemnity

You use the Gym and its Facilities at your own risk. We are not responsible for lost or damaged belongings.

17. Facilities

You acknowledge and understand that the Facilities in the Gym may be damaged or may break down. It is Your responsibility to check the Facilities before using them. If You notice any damage or breakdown, You must report it to Us immediately and refrain from using the affected equipment.

If You intentionally damage the Facilities, You may be liable for repair costs and/or subject to legal action.

18. Liability for Property

If You cause damage to the Gym, its equipment, or Your Access Fob, You are liable for the cost of repair or replacement. The Gym is not liable for any personal property that is damaged, lost, or stolen while You are at the Gym, including vehicles, locker contents, or items left unattended, unless the loss is caused or contributed to by Us.

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

We may amend the Terms and Conditions, Gym Rules, or Policies for the following reasons:

  • To comply with changes in relevant laws or codes of practice.
  • To reflect decisions by courts, ombudsmen, or regulators.
  • To improve clarity or introduce new features.
  • To address changes in operational costs or procedures.

Changes will be communicated via:

  • Our website or newsletters.
  • Email notifications to Members.
  • Notices displayed in the Gym.

If changes adversely affect You, You may cancel Your Membership in accordance with Clause 8.5.

20. Change of Details and Assignment

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

We may assign this Membership Agreement if the Gym is sold or transferred. You may also assign the benefit of this Agreement with Our prior written consent, provided You meet the Transfer conditions in Clause 8.4.

21. Privacy

Our privacy policy outlines how We handle Your personal information, including its collection, use, disclosure, and security. The policy is available on Our website.

22. Governing Law and Change of Law

This Membership Agreement is governed by the laws of Queensland. Any changes in applicable laws will apply to this Agreement.

Prepared on: 20 September 2024