CONTRACT MEMBERSHIP TERMS & CONDITIONS 

1. YOUR HEALTH 

You agree to give us all relevant health and fitness information before or during any exercise session. Each time you use the facilities and services, you must ensure you are in good physical condition and know of no medical or other reason why you should not exercise. If you are unsure, you should seek medical guidance. Please always monitor your physical condition and exercise to a level that is appropriate given your knowledge of your health and any medical advice you have obtained. You further warrant and represent that you will advise The Gym on King of any material changes to your health whilst a member and not use The Gym on King or any of our services or products whilst you are suffering from any infections or contagious illness, disease or other ailment or whilst you are suffering from any physical ailment such as open cuts, or sores, or minor infections where there is a risk, however small, to other members and guests. We reserve the right to refuse entry or terminate memberships based on health reasons for the safety of our members. 

2. YOUR OBLIGATIONS 

You agree to, at all times, abide by the rules of conduct, behaviour, dress code and other policies or rules in place, as detailed in The Gym on King Welcome Handbook and displayed in the gym. 

You must not to permit any other person to enter The Gym on King or to use the facilities and services, whether a member or not. This will result in a $250 fine for a breach of this clause, which will be automatically charged using your payment details provided and we may immediately cancel your membership at our absolute discretion. 

You must not intentionally activate any duress buttons or signals without having reasonable cause to do so. This will result in a $250 fine for a breach of this clause, which will be automatically charged using your payment details provided and we may immediately cancel your membership at our absolute discretion. 

You must notify us in writing if your contact details change. 

3. AGE RESTRICTIONS & CHILDREN IN THE GYM 

Our minimum age requirement is 16 years of age. If you are 16 or 17 years of age, you are not permitted to enter The Gym on King during unstaffed hours, even in the presence of a parent or guardian. If you are under 18 years of age, you and your Parent/Guardian both agree to sign and be bound by this agreement. 

Except as otherwise specified in this agreement, you acknowledge and agree that under no circumstances are you permitted to bring children into the gym, nor are you permitted to leave children unattended. We shall not be liable to you in any manner for any injury, loss or damage sustained as a result of your failure to comply with this clause and you agree to indemnify us and hold us harmless for any loss and damage we may suffer as a result of your breach of this clause. 

4. YOUR ACCESS TO THE GYM 

Members using the 24-hour access are subject to computer door entry recognition and continual monitoring and recording (via CCTV). Any member who knowingly admits another person (“guest”) entry to the facility by use of their electronic key; or by any other means; will incur a $250 admittance fee, per person, which will be included in the members weekly billing. Whilst on the premises any “guest” is bound by membership “Terms and Conditions “and “Acknowledgement, Release and assumption of Risk”, also the “Club Rules” and “Conditions of Entry”, which form part of the member’s membership agreement. The member’s “guest(s)” MUST leave the facility at the same time the member departs. The members will be liable, both for themselves and their “guest(s)” for ANY damages to the gym, including but limited to; the premises, equipment, fixtures and fittings, and the like. 

Members using 24-hour access are required to become familiar with security devices operating at the gym during the hours where the gym is unstaffed. These include but are not limited to; personal security devices (neck worn, or similar), emergency panic buttons, request to exit button, or the like. Members are to seek instruction for all such devices from The Gym on King staff, during normal business hours, and, prior to any 24 hours access use. The members will be liable, both for themselves and their “guest(s)” for ANY damage, loss, or the like, such as equipment. 

Members using the 24-hour access, MUST NOT; IN ANY CIRCUMSTANCES give, lend, sell, distribute; or the like; their electronic entry fob to ANY other person(s), for any reason whatsoever. Failure to comply will result in cancellation of membership and may incur financial liability and/or criminal and/or civil prosecution. 

5. YOUR MEMBERSHIP TYPE 

You are becoming a member of The Gym on King. All memberships have a minimum commitment of six (6) months. Membership types and their respective restrictions are: 

Everyday Options: 

THE BARE ESSENTIALS: 24/7 gym, online workouts & programs, sauna, some parking options 

THE ROYALTY PACKAGE: 24/7 gym, all classes, online workouts & programs, sauna, more parking options. 

FITNESS PASSPORT: 24/7 gym, all classes, online workouts & programs, sauna, some parking options. 

OFF-PEAK OPTIONS: Limited access, online workouts & programs, sauna, some parking options. 

Other Options: 

Minor Membership: Bare Essentials or Royalty Package with gym access during staffed hours only. 

Seniors Membership: Bare Essentials or Royalty Package with 10% discount with proof of Senior’s Card. 

Emergency Services: Bare Essentials or Royalty Package with 10% discount with proof of ID. 

Student Membership: Bare Essentials or Royalty Package with 10% discount with proof of enrolment. 

Available to full time students only. Proof of current enrolment must be presented on the anniversary of your membership to secure this rate. 

6. YOUR MEMBERSHIP FEES 

You agree that you will have the required funds in your nominated bank account at least 24 hours prior to your debit date. If your debit is declined, you will be charged a dishonour fee of $10.  Any debt that extends past 30 days will result in access to The Gym on King being denied until payment is made. This does not mean you membership will be suspended. 

7. COOLING OFF PERIOD 

You may cancel your membership any time before 5pm on the seventh (7th) day following the Commencement Date. For security and identification purposes, cancellation must be completed in-person at the gym. If you exercise your cooling-off rights, we will refund all fees already paid by you excluding the Access Fob Fee and any other fees for services already provided. 

8. MEMBERSHIP SUSPENSION 

You may put your membership on suspension for a minimum period of week (1) week. Members on The Royalty Package are entitled to 12 weeks free suspensions per year. Members on The Bare Essentials are entitled to 4 weeks suspension per year and will be charged a fee of $5 per week. You can place your membership on suspension yourself on The Gym on King app. It is the members responsibility to be aware of when debits will resume after suspension.  

If you are still in contract and suspend your membership, the time suspended will be added to your end date. 

Membership suspension is not permitted in retrospect.  

If you have an upfront membership, your suspension time will be added to the end date of your membership.  

9. CANCELLATION OR TRANSFER OF YOUR MEMBERSHIP 

Your direct debit membership will continue until you complete a cancellation form, giving us 14 days’ notice of your intention to cancel. For security and identification purposes, cancellation must be requested in person at the gym by completing a cancellation form. If you have not served the minimum term of six (6) months, you are required to pay a cancellation fee of $100. 

If you wish to cancel your upfront membership, the remainder of the term will not be refunded to you, however you can choose to transfer it to a friend or family member. Please notify us by emailing [email protected] with your request and include the name and contact information of the person you would like to transfer to. 

You may terminate your agreement at any time for medical reasons, on presentation of a medical certificate. 

You may terminate this agreement if you become bankrupt and give us proof (such as supporting documents) to our reasonable satisfaction. 

You acknowledge and agree that, except as otherwise set out in this agreement or as required by law, all fees are non-refundable upon termination of this agreement and your failure to use the facilities and services does not allow for early termination of this agreement nor does it warrant a refund of any type. You further acknowledge and agree that failure to use the facilities and services does not affect any of the terms of this agreement and we are in no way responsible for your level of usage nor is it our responsibility to notify you of your usage at any stage. 

If you breach any term of this agreement or act in a way, we deem inappropriate, we may suspend or cancel your membership or restrict your access to The Gym on King. If any such breach causes us or another person costs, loss, or damage, you agree to be liable for these. 

10. MEMBERSHIP FEE INCREASE 

We review our membership fees periodically and we reserve the right to change them. If we increase the membership fees we will provide at least 30 days prior notice of the increase, by email, or SMS to the details provided by you upon joining, or notices in the gym. Following such notice, you authorise us to increase any direct debits to your credit card or bank account which you have authorised upon joining. We will not use this right to vary the terms on any special offer which applies to you. If you do not wish to accept a membership price increase, you may terminate this agreement as per the conditions stated in clause 9. 

All membership fees include goods and services tax (GST). We reserve the right to change your membership fees in line with any government GST rate changes. 

11. REFUND POLICY 

Unless otherwise agreed in writing by the Manager of The Gym on King, all monies are non-refundable. 

12. LIABILITY 

You acknowledge and recognise the inherent risks of injury or ill health resulting from use of the facilities and services and participation in exercise generally. It is recommended that you seek medical advice prior to commencing any exercise program. 

To the extent permitted by law, you agree to release and indemnify us and our related entities for any loss or damage suffered by you in respect of any incident arising out of injury, loss, damage, or death caused to you or your property in any way whatsoever, except arising out of our reckless conduct. 

You agree that you use the facilities and services at your own risk and responsibility whether supervised or not by staff. 

13. RESPONSIBILITY FOR DAMAGE CAUSED BY YOU 

You are solely responsible for any damage which you may cause at The Gym on King, its facilities, services, products, or equipment, if such damage is caused by your wilful act and / or negligence. 

 14. EMERGENCY PROCEDURES 

You agree to become familiar with the ‘Safety First’ Emergency panel located in the main gym area, as well as the duress buttons in the amenities. If you are training on your own outside of staffed hours, we recommend you wear an emergency pendant. In the event of an emergency, you can activate the pendant to notify emergency services. 

If you activate a duress alarm button, remove the defibrillator from the wall or lift the phone on the emergency panel, a series of events will be activated to notify Emergency Services. If any of these events are determined to be a hoax, you agree to pay all charges imposed for the attendance of Emergency Services, in the amount of up to $2,000. 

14. ACCIDENT & INCIDENT REPORTING 

In the event that any member using the 24-hour access experience any significant, dangerous or threatening event, including but not limited to; fire, accident, robbery, vandalism, or the like, they MUST remain at the gym until the arrival of the relevant authorities. This includes but not limited to; The Gym on King staff, Police, Fire, Ambulance or Security. However, members MUST NOT; IN ANY CIRCUMSTANCES place themselves in a position of danger. 

15. SECURITY SURVEILLANCE  

You acknowledge that The Gym on King uses CCTV surveillance 24 hours a day at the premises (except in the changerooms) and may have remote video or other guarding services. This system is used for security purposes but does not guarantee against harm. 

17. CONTRACTORS 

Contractors may provide services at The Gym on King. Fees for such services are paid directly to the contractors and include but are not limited to Personal Trainers. We take no responsibility for the services provided by, and fees paid to, these contractors. Any claim which you might have as a result of an act, or failure to act, by a Gym on King contractor (whether or not payment has been made to them), you hereby agree not to hold us liable and you agree to indemnify us and keep us indemnified for any claims suffered by you as a result of negligence by the contractor. 

18. GENERAL GYM & SAUNA USE 

Please see last page of this document for general gym & sauna rules for The Gym on King. (Available after joining or on request).

19. EQUIPMENT AND GROUP FITNESS TIMETABLE 

The Gym on King reserves the right to update, move and/or alter the facilities and equipment, as well as modify the Group Fitness timetable, at our discretion. 

You must book in for any group fitness class to reserve your place. Once booked, if you are unable to attend, please cancel your booking as soon as possible so someone else can take your place. If you book a place and do not turn up or cancel your booking, three (3) times in a row, you will be charged a penalty fee of $5 each time you fail to comply with this clause. 

20. USE OF SAUNA 

The use of the sauna is available during staff hours only, for safety reasons. You MUST at all times be in swimwear and ALWAYS be sitting on a towel. You agree that if you are feeling nauseous, dizzy, unwell or discomfort of any kind, you will leave the sauna and notify a member of staff immediately. We encourage you to drink plenty of water before, during and after your sauna. 

You agree that your use of the sauna is at your own risk and you should seek medical advice if you are on any medication, suffer from heart disease, chronic illness or have high or low blood pressure. You agree not to use the sauna if you have a fever, chronic health illness, acute bleeding or are pregnant. 

21. INTERUPTION OF SERVICES 

As a result of repairs, maintenance, public holiday or special occasions, The Gym on King may be required to restrict the use or temporarily close the facilities from time to time. There will be no reduction, suspension, abatement or apportionment of membership fees or other charges during such time when the above-mentioned occurs.  

The Gym on King staffed hours of operation may be modified from time to time without prior notice to you.  

The Gym on King reserves the right to change the facility from time to time, to eliminate or add facilities and services and to change the type or quantity of equipment and services.  

The Gym on King may from time to time reserve the use of its facilities for special events, competitions and private functions. 

22. PRIVACY STATEMENT  

We take your privacy seriously. Your “personal information” (as that term is defined in the Privacy Act 1988 (Cth)) will only be used by the The Gym on King, Perfect Gym (our customer management software) and our debit company, Payrix, in accordance with the provision of their Privacy Statements, found here: http://www.perfectgym.com- www.payrix.com 

We do not pass your information onto any other business. If you do not wish to receive email or SMS correspondence from us regarding your Membership, special offers or promotions then please send us an email confirming that you wish to unsubscribe from such methods of communication. You can find a copy of our privacy policy on our website – www.gymonking.com.au 

23. SEVERABILITY 

If any part of this agreement is or becomes illegal, void or unenforceable, this does not invalidate the rest of this agreement. 

24. COMPLAINTS HANDLING 

Please submit any complaints via email to [email protected]. Please include all details relating to your complaint, including time, date and location. We will do all that is reasonably and practicably possible to assess the merits of the complaint and respond within a reasonable timeframe. 

25. APPLICABLE LAWS 

Your use of our website, any associated apps, The Gym on King facilities and any dispute arising from such use, is subject to the laws of NSW, Australia. 

26. WARNING, EXCLUSION OF LIABILITY AND RELEASE & INDEMNITY 

When engaging in fitness programs and fitness classes, accidents can happen that may result in you being injured or your death. You declare that you have voluntarily read and understood this Warning, Exclusion of Liability and Release & Indemnity and accept and assume the risk of injury from participating in fitness programs and fitness classes carried on by us or our fitness professionals. I am aware that any injury/accident sustained within The Gym on King should immediately be reported to reception staff or a manager. 

Except to the extent that terms are implied into a contract for the sale of goods and services by the Trade Practices Act 1974 (Cth) or other legislation, and cannot by contract be excluded, I agree that in consideration of being allowed to participate in fitness activities of The Gym on King, that The Gym on King and its directors, fitness professionals, employees, contractors are absolved from all liability however arising from any injury or damage however caused (whether fatal or otherwise) due to any act of negligence to the fullest extent permitted by law (other than gross negligence), breach of duty, default and/or omission on the part of The Gym on King. 

In consideration of the gym providing me with membership of which entitles me to engage in fitness activities of the gym, I: 

Release and forever discharge The Gym on King from all actions, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs and expenses however arising that I may have or may not have had but for this release arising from or in connection with my involvement in fitness activities of the gym; and; 

Indemnify The Gym on King to the extent permitted under the Trade Practices Act 1974 (Cth) or otherwise by law in respect to any actions, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs and expenses arising as a result of or in connection with my involvement in fitness activities of the gym whether caused or contributed to, directly, or indirectly by any negligence to the fullest extent permitted by law (other than gross negligence), breach of duty, default and/or omission on the part of the gym.