The Manager is engaged by the "Club" (Titan Fitness Coogee) to operate and manage the Health Club
CONDITIONS OF MEMBERSHIP
- The Member is entitled during the Membership Period to unrestricted use of the Health Club facilities subject to the conditions of this Agreement and the Rules & Regulations (which the Member acknowledges having received).
- Non-use of the facilities by the Member gives no right to a rebate, cancellation, or refund of the Membership Fee. If the Health Centre remains closed during the hours of opening, then current under the Regulations ("Hours of Opening") for any reason (customary and statutory holidays excluded) the Member's membership will be automatically extended for an additional period equal to the duration of the
- The Member accepts to adhere to the Clubs regulations to gain entry to the Club at every visit, including the use of access cards, scanning in at entry or providing Photo ID. The Club may refuse entry if you attend without Photo ID and/or inadequate member verification.
- The Member accepts Titan Fitness (Coogee) reserves the right to request proof of ID for the purpose of identification, including but not limited to Driver’s license, Passport, Birth Certificate, Visa details, Bank Statements or any other form of Identification documentation.
- The Member accepts Titan Fitness reserves the right to determine which Membership Contract Agreement (if any) it would like to offer prospective members.
- Membership Contracts, upon signing, have a minimum contract term, and can be either paid in full or by direct debits instalments, that must be completed. Membership types are listed as follows:
- 12 months membership contracts are equivalent to 26 fortnightly direct debit payments
- 6 months membership contracts are equivalent to 13 fortnightly direct debit payments
- Low Commitment memberships contracts are equivalent to 4 fortnightly direct debit payments.
- Under 18’s memberships payments are direct debited on a weekly basis. At the birthday anniversary date of the member turning 18 yrs old, the direct debit will roll over to a standard membership price.
The member accepts that once the minimum term is complete, that the membership will continue past the minimum term and forms a rolling contract with the Club.
The members contract will continue until you give notice to cancel it by providing 30 days written notice. All direct debit payments that fall due within the 30 days’ notice period must be paid in full.
The member understands and accepts that any reversals, overdue payments, suspension or freeze/hold periods will extend the contract completion date.
The member accepts and agrees to the Terms and Conditions as provided by our Direct Debit Third Party Provider.
- In accordance with the Fitness Industry Code of Practice:
- If the Membership Period is 3 months or more then the Member has a 7-day cooling offperiod from the date of this Agreement to terminate the Agreement on written
- The cooling off period starts from the date the Contract Agreement is entered into and signed and ends at close of business, 7 days later.
- If the Member terminates this agreement during the cooling offperiod, then the Member is entitled to a refund of all membership fees, but not the joining fee or administration fee.
- The cooling-off period applies to new contract memberships only and does not apply to membership transfers or renewals.
- Outside any cooling-off period, to discontinue a Contract Membership Agreement requires full payment of the minimum contracted term and 30 days written notice. All direct debit payments that fall due within the 30 days’ notice period must be paid in full.
- Termination of a Membership Contract Agreement before the expiry of the Minimum Term (or total payment amount) can only be executed once all instalments and fees due up to the date of termination are paid and the relevant cancellation fee is paid in full at the time of cancellation request.
- Cancellation Fees apply for cancellations of Contract Membership Agreements within the minimum term. The Cancellation Fee Schedule as per the tables below is subject to change at any time.
Cancellation Fee Schedule
Cancellation with 9 months or more remaining
(20 direct debit payments owing)
Cancellation FEE $350
Cancellation with less than 9 but more than 3 months
(7-19 direct debit payments owing)
Cancellation FEE $300
Cancellation with less than 3 months
(1-6 direct debit payments owing)
Cancellation FEE $250
or remainder of direct debits owing (whichever is the lesser)
Cancellation with 4 months or more remaining
(8 direct debit payments or more owing)
Cancellation FEE $300
Cancellation with less than 4 months remaining.
(7 direct debit payments or less owing)
Cancellation FEE $250
or remainder of direct debits owing (whichever is the lesser)
Low Commitment Membership:
Cancellation within minimum term
All direct debits owed to be paid in full.
*Cancellation fees will be calculated based on the number of direct debits owing.
- The Member may request a transfer of their membership (Transferor) to another party (Transferee), that is not a current member, and subject to the approval of Titan Fitness (Coogee). The Transferor must complete a Transfer Request Form and an administration fee will apply. The transfer is effective only after the Transferee has completed the sign-up process in Club and paid any fees required. The Transferee will be bound by the full terms and conditions of the Transferor’s Membership and its Contract Terms. There is no Transfer of memberships once you have completed your minimum contract term.
- Additional fees and charges include:
- $10 overdue fee will be applied for any late or missed direct debit membership payment and will be applied to your account automatically and without notice.
- $10 fee will be charged for cancellation of group class bookings. Fee applies to bookings cancelled within 2hrs of class start time and for non-attendance (no-show). Email notification will be sent advising that a $10 charge has been applied automatically to your account.
- $25 fee is payable for the replacement of membership tags which are lost or stolen.
- Time Freeze fees: $5 per week (see section 13 for full details)
- Any additional Direct Debit finance, fees or bank charges incurred by Titan Fitness Coogee may be passed onto the member either in part or in full without notice.
- Fines and Penalties: Tailgate fee of $100 will be payable to the club for allowing a non-member the use or loan of your membership access tags or by allowing unauthorisd access by any other means
- Before freezing your membership, you must make sure your fees are up to date and there are no arrears outstanding on your account.
Tiime Freeze is available and request is to be made in writing, via email to the Club. The following conditions apply:
- All Time Freeze periods are for a minimum time of 2 weeks and applied in 2-week blocks for each time freeze period.
- 12 Month Memberships allows a 6-week freeze period over 12-month membership contract term
- 6-Month Membership allows a 4-week freeze period over 6-month membership contract term
- For memberships outside of minimum term, time freeze is available for up to a maximum of 6 weeks per calendar year
- Paid in Full memberships – time freeze of up to 2 weeks on a 3month Paid in Full, up to 4 weeks for a 6 month Paid in Full and up to 6 weeks for a 12 month Paid in Full
- Time freeze requests for medical reasons, member must provide a doctor’s medical certificate stating specific period of time off from normal activities
- Exclusions for certain membership types. Time freeze is not available for Low Commitment memberships, Visa Holder Memberships, Paid in Full less than 3 months, Study Abroad or any other membership type Titan Fitness (Coogee) applies this exclusion to.
- The Club reserves the right to adjust or refuse a freeze period request if this period is in conflict with the membership’s minimum term dates and/or direct debit payment cycle dates
- The Club reserves the right to accept or refuse a freeze period request if there is a misuse of its application by the member in any way.
- Membership freeze periods and/or suspension within a contract’s minimum term are not classified as full payment towards your contract and will extend the minimum term by the length of the freeze or suspension period.
- There is no backdating of any time freeze requests. Time freeze requests must be made, in writing via email, at least 3 days prior to the start date of the freeze period.
Time freeze will incur a $5.00 per week administration fee, payable at the time of request.
- Costs of Recovery - The debtor/s shall pay for all costs actually incurred by Titan Fitness (Coogee) in the recovery of any monies owed under a Membership Contract Agreement including recovery of agent costs, repossession costs, location search costs, process server costs and solicitor costs on a solicitor/client basis.
- Non-Refundable. Any memberships paid upfront in accordance with this Agreement shall, once they are paid, not be refundable, transferable nor creditable for any reason whatsoever.
- Member Fee Increase: The Member accepts Titan Fitness reserves the right to incrementally increase all club memberships fees after a membership’s minimum term has expired. If the Club chooses to do so, it may increase Membership fees automatically by 3% from the next direct debit date and annually thereafter without further notice to the member. For increases greater than 3%, the Club will provide notice in accordance with our Changes to Terms and Conditions protocols (see section 37).
- The Member may not transfer its rights under this Agreement, but the Club and the Manager may transfer their rights on notice to the Member.
- The Member warrants (as fundamental condition of this Agreement) that the Member is:
- medically able to participate in physical exercise and to use gymnasium facilities; and
- not aware of having any physical or mental disability conditions or disease which might be aggravated or worsened by physical exercise, or which could result in deterioration of health if physical exercise is undertaken.
- The Member acknowledges that the Club and the Manager offer no warranty that the programs, advice, or facilities available to the Member are approved by any medical or other authority.
- The Member indemnifies and releases the Club and the Manager, and their employees, agents, and contractors, from any claim:
- arising by reason of the Member suffering disease, deterioration of health, illness, or aggravation of any condition of ill health as a result of participation in the programmes, acceptance of advice, or use of Health Centre facilities; or
- for personal injury sustained by the Member in on or about the Health Centre; or
- that the Club, the Manager, or any employee, agent or contractor of the Club or the Manager is negligent.
- The Member accepts that with any physical activity, including the activities on offer at Titan Fitness, there is a risk of both minor or major accidents, illness, sickness, injury or death occurring. The Member acknowledges that the Member uses the Health Club and facilities at the Member's own
- The Club and the Manager do not act as a bailee of the Member's property and the Club and the Manager will not be liable for loss of or damage to the Member's
- The Member warrants that the Member and any guest introduced by or accompanying the Member in the Health Club will obey all rules & regulations and any lawful and reasonable direction of the Manager and that they will not conduct themselves in any way which presents a danger to or creates a nuisance for the Club and the Manager or other members or persons using the Health
- Despite any other provision in this agreement the Club and the Manager reserve the right to cancel this agreement at any time by notice in writing without giving reasons and without compensation, but the Member must receive a refund of any moneys paid and attributable to the remaining Membership Period after that cance
- Except as prevented by fires, war, strikes, government regulations or similar causes, the Company will during the Membership Period maintain the Hours of Opening and in the event that the Health Club facilities regularly used by the Member is closed for any reason the Member agrees to accept similar substitute facilities within a reasonable distance from the Health Club
- This agreement of itself does not confer upon the Member any interests in any assets of the Health Club or the Club and the Manager or any right to participate in the management of the Health Club, its premises, and the Health Club facilities or in the profits or assets of the Club and the Manager.
- If a Member is under 18, the Parent/Legal Guardian:
- consents to the Member being a member of the Health
- has read and understands this agreement; and
- will use reasonable endeavours to ensure that the Member complies with this Agre
- Under 18 memberships (10 to 17 years Old) are permitted with the consent and signature of the child’s parent/legal Guardian. Parent/Legal Guardian and Child understand the child will have access to the underground, cardio equipment, classes and weights.
For children up to the age of 14 years, the child must be supervised at all times.
Under 18 memberships may be cancelled for inappropriate behaviour, misuse of equipment of failure to comply with safety requirements.
- In this Agreement unless the contrary intention appears:
- the singular includes the plural and vice versa
- a reference to aparty includes that party's members; and
- "Member" includes the Parent/Legal Guardian of the Member if the Member is under
- The Member consents to and authorises the use and reproduction, by the Club and its agents, of the following items relating to the members participation in the Club's activities:
- Photographs: -results, comments, and testimonials both written and recorded on audio and/or video, first name and initial, suburb and age.
- The Member fully understands that the above information may be used for advertising purposes now and/or anytime in the
- The Member also acknowledges that the Member, or any successor, assignee or heir is not entitled to any compensation now and/or in the future for any or all use of said items of
- CLOTHING ATTIRE. For your comfort and safety appropriate footwear (sports joggers/runners) must be worn at all times whilst in the health Thongs, Sandals, Jeans and work boots are not permitted within the health club.
All members are required to always carry a towel during workouts and wipe down equipment after use.
- Lockers are available for use. All care is taken; however, the centre does not accept responsibility for items which are lost or stolen from lockers. Bags are not permitted in the health club facilities.
- CAMERA USE: The Member must not use cameras in our Clubs without our permission. Taking photos or videos of other members without their consent is a breach of our General Operating Conditions and Code of Conduct.
- CCTV: You acknowledge and understand that CCTV will be installed in appropriate areas within each club and surrounds as a strategic component for team member, member and contractor safety and crime and misconduct prevention. By entering our club, you consent to being filmed under CCTV for these purposes.
- Legal Responsibilities of the Member: You agree your responsibilities are as follows:
- To ensure your membership fees are paid in accordance with your membership contract agreement and not fall overdue
- To advise the Club of anything that affects your membership, ensure all your personal and contact information is current including any changes to your bank account or credit card details to ensure prompt payment of your membership fees.
- To advise the Club in advance and in writing of any risks to your health if you participate in fitness services and if are required to seek approval from your General Practitioner or Specialist Doctor.
- To read and follow all safety instructions displayed on the equipment and throughout the Club and adhere to the Clubs General Operating Conditions and Codes of Conduct as determined by the Club.
- To ensure that any valuables that you bring into the Club is your personal responsibility and that the Club will not be responsible for lost or stolen items
- To Promise to take care to know how to exercise safely, use your best endeavours to exercise safely and ask for assistance if necessary.
- For any disputes or complaints, you will notify the Club in writing or speak directly to our Club Manager in person or via telephone
- Agree to these terms and conditions upon joining the club either as member or a guest.
Changes to these Terms and Conditions: Titan Fitness (Coogee) reserves the right to change its Terms and Conditions, including its policies and regulations in relation to the operation of the Club. The most up to date Terms and Conditions will apply and copies are available at the Club or on the website www.titanfitness.com.au.
If the Club reasonably considers that any change to the terms and conditions is likely to benefit you or be of no, or immaterial, detriment to you, the Club can make the change immediately and does not need to notify you.
For all other changes: the Club will provide 30 days’ notice to members of any changes by any of the following methods:
- Publishing the Terms and Conditions on the Clubs newsletter or on the website
- Placing a notice in the Club or
- Calling you (the member) or writing to you via the email address last provided by you. Failure to provide a current and valid email address does not constitute failure to provide proper notice to members.
LEGALLY BINDING AGREEMENT.The Member understands that this agreement is legally binding whether the use of the facility and its services is determined and paid for on a yearly, monthly, fortnightly, weekly or a paid- in full basis.
Any Renewal/Extension of this Membership Agreement is undertaken with the understanding that the forementioned 'Conditions of Membership' apply in full to any additional term.