Terms and Conditions – Fitworld Health & Fitness

If you are unsure whether any particular statements that you have relied on are part of this Agreement, or if you have any queries regarding this Agreement, please ask us before you sign.

INTRODUCTION & CONTRACT

Welcome to your Membership with Fitworld Health & Fitness (“FHF”).
FHF is an independently owned and operated Fitness Club.
Contained within are the terms and conditions under which you agree to become a Member of the Club. When you sign this Agreement you are entering into a legally binding contract with us.
This Agreement sets out your rights to use the Facilities and Services of FHF and the responsibilities you have as a Member.
We reserve the right to reject any application for Membership at our sole discretion.
What is set out in this Agreement overrides any statements made by you or us before you sign it so you should read through it fully to make sure it reflects your expectations.
If you are unsure whether any particular statements that you have relied on are part of this Agreement, or if you have any queries regarding this Agreement, please ask us before you sign.
Once your request for Membership is accepted, your membership will commence on the Membership Start Date.

DEFINITIONS & INTERPRETATION

Words and expressions used in these Terms & Conditions (t&C’s), unless otherwise expressed have the following meanings:

Benefits means all goods, services and facilities of FHF, provided or supplied by Us or Our approved third parties which you receive or are entitled to use because of your Membership.

Contract means the contract between You and Us for your Membership which consist of the registration for Membership and the Membership Terms.

Contract means the contract between You and Us for your Membership which consists of the registration for Membership and the Membership Terms.

DDR means a Direct Debit Request under which you authorise Us or a Billing Services Provider to deduct payments for your Membership fees from a bank account or credit card nominated by You.

Gym/Club/Facility means FHF gym, the land, the improvements and facilities contained within situated at 226 North East Road Klemzig SA 5087.

Membership means your membership with us which provides you with the benefits in accordance with the Contract.

Membership Start Date means the date notified by Us to You once we accept Your Enrollment for Membership.

Membership Terms means these membership Terms and Conditions and the Gym Rules.

Paid in Full means that the minimum fee commitments required for a Membership, which is not on a “no commitment” basis, are paid upfront, rather than on an installment basis.

Party means either You or Us as the context required and Parties means You and Us collectively.

Registration for Membership means the form, as required by Us in such format as we approve from time to time, for a person to submit a request for Membership to FHF.

Rules mean the rules of conduct that apply to all Members, Staff, guests and visitors of FHF and which are found on our Website. www.fitworldfitness.com.au

Staffed Hours means times, as determined by Us from time to time when one of our employees or authorised contractors or agents is physically present at a Gym to supervise Members and their guests.

We, Us, Our, Fitworld Health & Fitness or FHF means collectively FHF, ABN 85 942 753 974, including any related body corporate or related entity as defined in the Corporations Act 2001 (Cth) their successors in title and assigns and their employees, servants and agents.

Website means the content found at the domain www.fitworldfitness.com.au.

You, Your, Yourself means the person specified as the member

Any liability incurred by We, Us, Our or FHF is incurred severally by those parties set out in the definition.

GYM RULES & CONDITIONS OF ENTRY

When you attend FHF or use any benefits you must abide by the Rules. If you breach any Rules, we reserve the right to undertake the following action/s:

We will respond in a way which we consider fair and reasonable about the nature and severity of the breach which may include:

1. a written warning; or

2. suspension or cancellation of your membership.

3. which causes Us or another person cost, loss or damage, you indemnify and will keep indemnified Us or that person for such cost, loss or damage.

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.

NO-SMOKING:

Our Club are non-smoking facilities. The smoking of cigarettes or electronic cigarettes inside the building or close to entry or exit points (e-cigarettes or vapes) is strictly prohibited.

SUITABLE CLOTHES:

All members and guests must wear suitable clothes and enclosed sport/appropriate footwear in any exercise areas. We do not allow clothes with offensive images or inappropriate advertising.

TOWELS:

You are required to use a clean towel when participating in classes and when using all on gym equipment (including exercise mats) to maintain our hygiene and safety standards. You may be requested to cease training if you do not use a towel. Subject to availability, you may purchase a towel from reception.

CAMERA USE:

You must not use cameras in our Club without our permission. Taking photos or videos of other members without their consent is a breach of our Terms and Conditions.

PARKING:

You park in the Club’s car park or on the Club premises 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.

PROPER USE OF CLUB EQUIPMENT

Members are to use all equipment and Club facilities with care, safely and its intended use. Any queries of how to use specific equipment can be sought from Club Staff and Personal Trainers.

FHF will not be liable for any injuries incurred from Member misuse.
Return weights and bars to their racks.
Unload plates from machines and bars.
Return equipment to its storage location in group fitness sessions.
Ensure to use a clean towel when using equipment and keep phone calls to a minimum.
Wipe over equipment surfaces with wipes provided after use.

JOINING & MEMBERSHIP INFORMATION

The benefits you receive with your Membership at FHF are determined by the membership type you select.

You are required to participate in an orientation or induction from a FHF Staff Member to familiarise yourself with the benefits or the operations of the Gym.

We reserve the right to introduce, withdraw or vary membership types by providing you thirty (30) days written notice.

Membership types are those set out in the Membership form on our Website, these may vary from time to time.

GYM ACCESS & ACCESS FOB KEYS

Full details of Staffed Hours are available on our website and at the entrance of the Gym.
We may vary Staffed Hours or temporarily close certain areas of any Gym from time to time without notice for cleaning, decorating, repairs, renovations or for special functions, events and holidays.
We do not reduce your Membership fees because the Gym is unstaffed.
Upon joining FHF, you will be given an access fob key and you consent to have your photograph taken to confirm your identity upon entry.
You must present your access fob key for security and verification on each visit.
If you visit the Gym without a valid access fob key or photo identification, we may refuse you entry.
You should not ask or expect our staff or any other person to let you into the Gym at any time if you do not have your access fob key. You may be charged with a Tailgating Fee.
You may not loan your access fob key or permit it to be used by any other person.
Members are to enter via the Members Access Door each time they enter the premises, even during Staffed Hours for safety, security and insurance purposes.
If an Access Fob is forgotten you must access the Club during Staffed Hours only if you show photographic ID to Club Staff and entry will be at the discretion of the Staff member. Members should not expect to be allowed entry by other Members or by tailgating.
If an Access Fob is lost or stolen please advise the Club Staff within 14 days. A replacement Access Fob Fee will apply.
If an access fob key is misused, your membership may be terminated and the access fob key confiscated by us or access rights cancelled.
Any lost or misplaced access keys will be replaced at a cost of $20.00 plus GST payable by you upon the issue of the new access fob key.
If you provide access to non-members without the written consent of our staff, You will be liable to pay a fee of $50.00 which is payable immediately and your membership may be suspended or cancelled by us. Alternatively, you authorise us to direct debit the $50.00 from your bank account or credit card.
If you are ever not sure how to operate any equipment properly, You must ask one of our employees to demonstrate the use of the equipment before you use it.
We are not responsible and accept no liability for any injury to you or any other person caused by your improper use of any of our equipment.
Vulgar language, anti-social behaviour, abuse of equipment or any other inappropriate behaviour will not be tolerated. You may be asked to leave the Gym and it may also result in suspension or cancellation of your Membership, with a cancellation fee.
You are solely responsible for any damage which you may cause to yourself, other members and FHF including but not limited to our facilities, services, products or equipment if such damage is caused by your wilful act or negligence.
If you choose to use a Gym outside the Staffed Hours, you do so at your own risk. You must be cautious when entering, leaving and using the Gym.
While on our premises you must follow any reasonable direction of staff and contractors relating to health, safety or security or related matters.

HEALTH & INJURIES

You warrant you have made, and will continue for the duration of your Membership, to make us aware of any medical conditions or health problems which may be exacerbated by participating in physical exercise and have, for any current condition obtained, and for any future condition will obtain clearance from a registered medical practitioner to participate in physical exercise.
You acknowledge and agree:
- you are aware of the possible health and safety risks associated with participating in physical activity and willingly engage in exercise which may from time to time be strenuous;
- exercising and using the benefits may involve risk of injury and You exercise and use the Gym at Your own risk;
- if your medical conditions change, you must inform us and will need to sign and complete a medical form;
- you will not attend the Gym or utilise any other benefits if you are suffering from illness, disease, injury or any other condition that could present a risk to the health or safety of other members, guests, our employees or yourself;
- our employees and contractors are not medically trained and cannot and will not provide you with medical advice regarding your medical fitness or health and any information on these topics is not professional advice and only a guide as to the perceived limitations of your exercise ability;
- we reserve the right to refuse entry or terminate your Membership if, in our reasonable opinion, you do not satisfy the medical or physical conditions required to safely participate in any activities offered by us and which can be utilised with your Membership;
- you will not conduct yourself in a manner which will or may cause harm or discomfort to yourself or other members;
- to immediately notify our employees or contractors of:
- any injuries you sustain at the Gym or while undertaking any of our activities; or
- injury or changes in your health which may impact your ability to continue your exercise program or use the associated benefits provided by us; and
- you may need to receive medical treatment, in the event of an injury, accident or illness while at the Gym or undertaking our activities and you consent to receiving such medical treatment.

CHILDREN

Minors between the ages of 14 to 17 years may be eligible for a membership subject to the following age policy and the following general terms and conditions:

The minor must comply with all safety requirements of the Club as communicated to the member from time to time;
The minor’s membership may be cancelled for any inappropriate behaviour, misuse of equipment or failure to comply with safety requirements;
The minor must comply with the applicable sections of the age policy;
All minors must leave the Club immediately once staffed hours have ended; and
All minors can only access the Club during staffed hours, subject to the qualifications and exclusions listed in the age policy.

AGE POLICY

14 Years

Membership is permitted with the consent and signature of the minor’s parent/legal guardian.
- Access is only permitted during staffed hours and minors must be directly accompanied by a parent, legal guardian or suitably qualified personal trainer or other accepted exercise professional.
- Members in this age group are not eligible to redeem Trial or Guest Passes or similar promotions.
- Permitted usage for this age group is as follows (must be directly accompanied by parent, legal guardian or exercise professional):
- Non weight based group fitness
- Cardio equipment
- Other equipment prescribed by a medical or exercise professional

15, 16 and 17 years

Membership is permitted with the consent and signature of the minor’s parent or legal guardian. Minor can access the Club independently during staffed hours only (without parent or legal guardian). Access is not permitted in unstaffed hours, even if accompanied by a parent or legal guardian.

Members in this age group are eligible to redeem trial guest passes or guest visits, only if parent or legal guardian attends the Club on first visit and signs as guarantor on waiver.
Permitted usage is as follows (able to undertake independently):
- All group fitness classes
- All challenges
- Weight based equipment
- Cardio equipment
- Programs (subject to the age policy of each specific program)

PAYMENTS

You are personally responsible for payment to Us of your Membership fees as and when they fall due.
Your Membership fees are payable in advance in accordance with the Membership type selected. A pro rata payment will apply if your Membership Start Date is not in line with the billing schedule set by Us.
We reserve the right to use the services of Billing Services Providers to process and deduct Membership fee payments.
If the direct debit option is taken, your membership fees will be directly debited from your nominated bank account or credit card. By nominating a credit or debit account, you authorise us and our Billing Services Providers to deduct from that account all fees and other charges you are responsible for under the Membership Terms.
It is your responsibility to ensure that you have sufficient funds in your nominated bank account when the fortnightly payments are to be directly debited. If there is insufficient funds in your nominated bank account, or there is another reason that your account was unable to be debited, You will be responsible for any administration fees and or collection fees charged by Us and any Billing Services Providers.
If you fall into arrears in respect of any Membership fees payable, all arrears must be paid by you in full before you can use the Gym or receive further benefits and you authorise us to deduct any arrears from your nominated bank account or credit card provided to Us at any time without further notice to you.
If you do not pay your Membership fees when due we reserve the right to:
- charge a late payment fee for any overdue amounts. This charge may change at any time in amount or frequency;
- charge an administration fee to forward any outstanding accounts to a third-party party collection agency;
- terminate your Membership; or
- suspend your Membership and disable your access fob key to refuse you entry to the Gym until full payment has been made to us or our collection agency.
We are not liable for any fees incurred by you from your designated bank or card provider for any late fees or charges incurred for failing to meet the direct debit agreement with Us or our Billing Services Providers.
If you seek to terminate the Contract or stop the automatic debit arrangement in a manner not prescribed in the Membership Terms or Billing Service Provider Terms, you may be liable to Us or them for damages for breach of contract.
You must tell Us if you are transferring or closing your account or card, at least 7 days before your next direct debit. You must also tell us about any changes to your account or credit card, such as an expiry date or number, at least 7 days before your next direct debit.
FHF reviews Membership fees periodically and may change the Membership fees from time to time.
Your Membership fees may be increased at our discretion at any time, subject to thirty (30) days written notice to You and unless You notify Us otherwise and seek to cancel your Membership.
All Membership fees include all government taxes and rates and we reserve the right to change your Membership fees in line with any government tax and rate changes.

BILLING SERVICE PROVIDERS & DDR’s

FHF uses and accepts a Billing Services Provider which administers and processes direct debit arrangements agreed to by members. The Billing Service Provider makes periodic debits from your nominated bank account or credit card on our behalf for your Membership fee payments at intervals and amounts as directed by us in accordance with:

the Contract; and
the DDR New Customer Form and Service Agreement which you enter into when you make a DDR. A copy of this document is available upon request.
Please refer to individual DDR and Service Agreement for further information.

SECURITY

FHF has CCTV security cameras recording 24 hours a day and may have remote video and other guarding services (with the exception of the Bathroom Facilities). The system is used strictly for security purposes but does not guarantee against harm. Please contact FHF if you have any queries surrounding this.
You acknowledge our surveillance system does not protect You in or on our facilities.
Photography and or videography by You are not allowed anywhere in our Gym without our permission.
You consent to having your photograph taken at any time whilst using our facilities and permit Us to use your image in any such photographs for press and promotional purposes.

CONTRACTORS

You acknowledge:

We may use independent contractors to provide benefits at FHF;
there may be other services, including personal training services, offered at our Gym by Us, contractors, licensees and others which are offered separately to the benefits; and
we are not responsible for any services offered by any third parties including fees or any associated costs, claims or refunds.
You release Us, agree not to hold us liable and indemnify Us against any claims, demands, losses or damages suffered by You arising from your use or acceptance of any third-party services or the negligence of such third parties.

MEMBERSHIP FREEZE

You can freeze your membership for a minimum period of 2 weeks, up to a maximum of 4 weeks each calendar year at no charge.
Before freezing your membership, you must make sure your fees are up to date and there are no arrears outstanding on your account.
Note that we cannot backdate any time freeze requests. You must request a freeze three (3) days prior to the start date of the freeze.
Any special consideration for Membership Freeze is at the sole discretion of FHF Management.

TERMINATION OF MEMBERSHIP BY US

In addition to any other reasons set out in the Member Terms, we may terminate your membership immediately by emailing or writing to You at the contact addresses we have on our records if You:

commit a serious breach of your Contract which is not capable of remedy;
repeatedly breach Your Contract irrespective of whether the failures can be remedied or not;
otherwise, breach your Contract and the breach, if capable of remedy, is not remedied within 14 days of Us giving you notice to do so and informing you that your membership will be terminated if you fail to do so;
fail to pay any part of your Membership fees for more than 28 days after falling due;
provide Us with details which you know to be false when submitting Membership Forms and which may have affected our decision to grant you membership; or
in the reasonable opinion of our staff, you are not suitable for continued membership; or
put the health, safety or well-being of our staff or other members of FHF at risk; or
damage Our equipment; or
use illegal or performance-enhancing drugs on any of our premises.
If we terminate your membership for any of the above reasons, We may
- (without limiting any other right or remedy) recover any other reasonable costs and expenses we may incur as a result of your breach;
- collect the full amount of your Membership fees for the remainder of the then-current fortnightly billing period and any other arrears;
- collect any Membership fees and fees that are outstanding when your Membership is terminated; and
- use third parties to assist in the collection of outstanding Membership fees or other moneys owed and You will be liable for these costs.

TRANSFER OF MEMBERSHIP

If You are unable to use the Gym for the remainder of your Membership Term You may apply to transfer your Contract to another person (Transferee).
You are responsible for sourcing a Transferee, However, they cannot be an individual who has been a member within the last 3 months.
You must sign all forms required by us in relation to any transfer and Transferee must complete a Registration of Membership.
You are responsible for providing your access key to the Transferee once the transfer is approved.
We will not permit a transfer unless all fees and moneys you owe us have been paid.

PERSONAL TRAINING

Personal Training Services are available in Club for an additional fee. Please contact FHF for more information, if required.

Our personal trainers within FHF may be contractors, franchisees or employees. If they are contractors or franchisees and not directly employed by FHF all arrangements for personal training services and payments (with the exception of purchase of FITWORLD HEATH & FITNESS offered PT packages or add-ons) should be made directly with the Personal Trainer.
Please note only authorised FHF registered Personal Trainers are permitted to train members in the Club.
Conducting Personal Training within FHF without being an approved Personal Trainer may result in the cancellation of your membership.

GROUP FITNESS TRAINING

All bookings for group fitness training can be made online, via the FHF -Gym Master App, Website, or over the phone to the Gym.
You must sign in upon entry to the class and provide your name to the Group Instructor, signing in as requested.
If you have not booked for a class, You are not guaranteed a position within the class and We may refuse You entry to the class.
If you are booked in for a class and need to cancel, You are encouraged to cancel at least 10 hours prior to the class start, otherwise, it will be regarded as a Late Cancellation. We forgive 1 Late Cancellations per calendar month. However, should you miss any further classes without providing us with at least 10 hours’ notice (by cancelling your booking via our FHF App) You will incur a Late Cancellation charge of $5 &/or entry in to future classes refused.
All Group Fitness Classes are of no charge to members, (this may be amended in the case of specialty classes, with notice provided) and casual visitors will incur a charge of $15 inc GST for each class.

PERSONAL INFORMATION

You are responsible for advising FHF of changes to your personal information. If your personal contact information or other details change, you must update us as soon as possible for billing, marketing and contacting you.
Where FHF is required to provide any written notification, FHF will send the notice to the email or home address on the Registration of Membership or any updated address You have provided to us since joining.
Any notice sent by FHF in accordance with this clause will be deemed received by you three (3) business days from the date of dispatch.
Unless otherwise expressly specified in the Member Terms, any written notice or completed form provided to FHF must be sent by email or given in person. Only notices delivered to us in one of these two ways will be considered valid notice.
We take the privacy of our members seriously and our Privacy Policy is available in the Gym and on the website at www.fitworldfitness.com.au/privacypolicy
The Privacy Policy explains the ways in which we collect, use, store, protect and disclose your personal information.
We collect personal information from You to provide You with the benefits, to administer your membership with Us and for the other purposes described in our Privacy Policy. In most cases, we collect your personal information directly from You, including through pre-exercise questionnaires, Registration of Membership any other forms supplied by Us and in the course of our other communications with You, which may occur through www.fitworldfitness.com.au or when you call or contact our staff.
If you do not allow us to collect your personal information, We may not be able to provide You with some or all of the benefits, administer your membership with Us or conduct some or all of the other activities described in our Privacy Policy.
With your consent, We may also collect personal information which relates to your physical health or condition, including (without limitation) pre-exercise questionnaires so that We can assess your general health, well-being and your readiness for physical exercise and the other purposes set out in our Privacy Policy. If you do not provide this information, if requested, You may not be able to use the Gym. If We believe that you have any health issue, We may require You to obtain a medical certificate before We consider your Application for Membership further.
In order to provide the benefits and for the purposes set out in our Privacy Policy, We may disclose some of your personal information to our related bodies corporate and other persons or entities as outlined in our Privacy Policy. Should You default on payments due to Us, We may disclose your personal information by notifying the default to a credit reference agency or third party to obtain payment from You. Other than as set out in our Privacy Policy, We will not share your personal information without your consent unless We are required to do so by law.
Our Privacy Policy explains how You may access and correct the personal information that We hold about You. It also sets out how You may conduct Us to complain about a breach of the Privacy Act, and how We will deal with such a complaint. If You have any questions or concerns about privacy or if You would like further information about our privacy practices, please refer to our Privacy Policy.

WEBSITE CONTENT

Although We intend to provide accurate and timely information on the www.fitworldfitness.com.au (Site), the Site (including, without limitation, the Content (as defined below)) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide You with as complete and accurate information as possible, information may, to the extent permitted by applicable law, be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, You should verify all information before relying on it, and all decisions based on information contained on the Site are your sole responsibility and We shall have no liability for such decisions. Links to third party materials (including without limitation any websites) may be provided as a convenience but are not controlled by Us. You acknowledge and agree that We are not responsible for any aspect of the information, content, or services contained in any such third party materials accessible or linked to from the Site.

INTERNET ACCESS & SOCIAL MEDIA

If You are using the internet and social media in the Gym and on our facilities, You must abide by the terms of use and applicable Member Terms.
You are personally responsible for the content that you publish online, whether in a blog, social network or social computing site or
- any other form of user-generated media.
We advise mindfulness, that what You publish will be public for a long time. In the circumstances, You agree to protect your privacy and take care to understand a site’s terms of service.
You acknowledge and agree to be careful when sharing your location and to protect your privacy and security.
We are not responsible or liable for any breach of your privacy, security or harassment or bullying which You may encounter online or while using internet, shared network or machinery.

LIMITATION OF LIABILITY

Under the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) (CCA), We guarantee the services we supply are:

provided with due care and skill;
fit for any purpose you have told Us you are using the services for or for a result which you have told us you wish to achieve;
supplied within a reasonable time.
By entering into the Contract, you agree, to the extent allowed by section 139A of the CCA, to exclude or modify our liability to You for death or injury from our failure to comply with ACL guarantees.
This exclusion does not apply if your death or injury is caused by our “reckless conduct” (as defined in the CCA).
Nothing in the Membership Terms excludes, restricts or modifies any terms; conditions; warranties; guarantees, rights or remedies which cannot be lawfully excluded, restricted or modified. Otherwise, unless expressly included in the Membership Terms, all implied terms, conditions, warranties, guarantees, rights or remedies that can be lawfully excluded are excluded. In particular, but subject to the above, we are not liable for death or injury caused by Our negligence or breach of implied terms that the Benefits will be provided with reasonable care and skill at common law. This does not exclude Our liability for reckless conduct.
Subject to any breach by Us of the Membership Terms or our legal obligations You acknowledge and agree that Us, our directors or nominated agents, contractors, staff or shareholders are not liable for any loss, damage or personal injury suffered by You, whether directly or indirectly arising out of any act or omission by Us, our directors, agents, contractors, staff or shareholders.
You acknowledge sole responsibility for any personal equipment or belongings. You promise not to unnecessarily bring valuables into the Gym. FHF will not be held liable for any loss, damage or theft of property belonging to or brought into the Gym by You or a Guest unless such event is due to the negligence of FHF.
You agree to pay Us for any loss and damage to the Gym or any of our property caused by You or your guest through a willful, wrongful or negligent act or as a result of your, or their breach of the Membership Terms.

EMERGENCIES

FHF has an emergency or crisis response procedure which is displayed in the Gym and explained to Members upon induction and must be followed by You in any emergencies. A panic/distress button system installed which will be shown at Club induction for safety, security and safety reasons and will alert emergency services in emergencies eg if you feel threatened or in need of medical assistance.
A defibrillator machine is also installed for use in the case of emergencies.
If a member is seen to deliberately use emergency apparatus’ (eg defib maching, distress button or fire extinguishers) inappropriately, You agree to pay any costs, loss or damages incurred due to inappropriate use.
You acknowledge and agree first aid kits are not available outside the Staffed Hours.
provided with due care and skill;
fit for any purpose You have told us You are using the services for or for a result which You have told Us You wish to achieve;
supplied within a reasonable time.

AMENDMENTS TO MEMBERSHIP TERMS

FHF may amend the Membership Terms and will display any changes in the Gym &/or on the Website. This includes changes to any Gym opening and closing hours, benefits and Membership fees.
Any changes will be effective immediately and you will be deemed to have accepted them by continuing to use your Membership.

COMPLAINTS & FEEDBACK

If you have any concerns about the Gym, Facilities or the Benefits or anything else in relation to your membership, You should first raise it with our staff and if You are not happy with the response, you may make a complaint to the Gym Manager, who’s details can be obtained from the Gym office during staffed hours.

LOST PROPERTY & LOCKER USE

To the extent permitted by law, FHF Staff and Contractors are not responsible for any loss of, or damage to, personal property from the Club or locker area.
It is recommended that You not bring valuables with You whilst training,
All items left behind after training can be found in the lost & found box.
Any items remaining at the Club after for a period of longer than two weeks will be donated to charity.

LEGAL RESPONSIBILITY

Meeting your Responsibilities

Your responsibilities, including payment of membership fees, do not depend on how often You use the Facilities.
You must tell us about anything that affects your membership, and any changes to your contact information and bank details.
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.

Obligation to take Care

You are under obligation and promise to:

Make sure that you know how to exercise safely, by asking if necessary;
Use your best endeavours to exercise safely; and
Not take valuables into the Club, even if you plan to put them in a locker.

Damage & Personal Injury

To the extent permitted by law, FHF 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 FHF and/or any act or omission of FHF.

Outside Providers

Contractors, and Tenants provide some services in our Club, 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 and FHF hold no liability of services provided.

Claiming against Outside Providers:

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.

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 extent permissible by law you release Us from any claim resulting from an act or omission by an Outside Provider.

Asking for our help:

Wherever we can, we will help You to resolve issues with Outside Providers. We will also make sure that Personal Trainers in our Club have up-to-date qualifications and insurance. We only allow Personal Trainers from the Club to work in FHF.

OTHER TERMS

We are not responsible if You cannot use the Gym because of an event caused by a natural force (including but not limited to events such as fire or flood) or a building or road closure or something beyond our reasonable control.
The failure by Us to enforce any of our rights at any time for any period is not to be construed as a waiver of these rights.
Any failure by Us to identify or act upon a breach of your Contract is not to be deemed to be an affirmation by Us that your behaviour is acceptable.
If a Court decides that any section of the Contract is invalid or unenforceable, that section will be deleted from the Contract.
The laws of South Australia apply to the Contract.