UR Health + Fitness
UR Health & Fitness Third Party Membership and Casual Use Terms and Conditions
Important: Please take the time to read this document which affects your legal rights and obligations. Before commencing services with us you will sign to confirm that you have read and agree to the following Terms and Conditions.
- INTRODUCTION
1.1 These terms and conditions govern your rights and responsibilities when using our services and facilities. You are responsible for compliance with UR Health & Fitness’ Terms and Conditions and Rules. Parents and/or guardians of Users are also responsible for their conduct and compliance.
1.2 This Agreement may be amended by us from time to time. The most recent version will be accessible at www.urhealthandfitness.com.au
1.3 If any part of this Agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. You acknowledge that the remainder of this Agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected.
- DEFINITIONS
2.1 In this Agreement the following words have the following meaning:
(1) Agreement means your agreement to these Terms and Conditions and the Schedule of Fees.
(2) Gym means the facility owned or operated by us.
(3) Rules means any Rules, in addition to this Agreement, that we reasonably deem to be necessary or convenient for the administration of the Gym and that are posted in the Gym or on the Website (if any).
(4) Schedule of Fees means the schedule of fees which may apply as provided for on the Website and as amended by us.
(5) Staff means employees, consultants, contractors or agents engaged by us who work at the Gym.
(6) Unauthorised Entry Fee means the fee you may be charged if you allow a non-member access to the Gym without our permission.
(7) Us means UR Health & Fitness, KM Nowaczyk Pty Ltd ACN 686 185 311 as trustee for KM Nowaczyk Family Trust and its Related Entities and referred to throughout this Agreement as ‘us’, ‘our’ or ‘we’.
(8) User means the person entering into this Agreement with us and referred to throughout this Agreement as ‘I’, ‘my’, ‘you’ or ‘your’.
(9) Website means www.urhealthandfitness.com.au
- RESTRICTIONS ON JOINING
Fitness for Exercise
3.1 You must only carryout exercise within our Gym if you reasonably believe that you are fit and able to undertake such activities/exercises. Our screening tool listed on the Website shall be among the factors you use in determining your fitness for exercise.
3.2 You must not carryout exercise within our gym that is contrary to advice given to you from a doctor, Allied Health, any medical professional or from advisory papers supplied with any medicines you are taking.
3.3 If you are suffering from any injury or illness and wish to undertake limited exercise within the Gym, you must notify Staff before commencing any exercise of that illness or injury and sign a disclaimer in favour of us in respect of any damage of injury you might suffer from exacerbating, complicating or suffering consequential injury flowing from that exercise or flowing from that illness or injury.
3.4 You agree to use our Gym, products and services with due care and reasonable skill and on the condition that if you have any difficulty using any equipment, that you will cease using that equipment unless and until you have notified Staff and been given guidance on the use of that equipment and you have been given approval by Staff to continue using that equipment.
3.5 Should you injure yourself, or get hurt while utilising our Gym, products and/or services, you will immediately cease the activity and notify Staff. It is a condition of entry into and use of the Gym that you must take full responsibility for your actions, to exercise within your strength and skill level and that you indemnify us against any costs, losses or damages we may suffer in relation to your actions or injury whilst attending the Gym.
Minimum Age
3.6 Any Member under the age of 18 must have a parent or guardian provide approval for their use of the Gym, by signing an approval form.
3.7 Any Users under the age of 16 must be under the supervision of a responsible adult or member of staff when attending the Gym.
- TERMINATION BY US
4.1 We reserve the right to terminate this agreement and deny your use of the Gym with or without notice in the following circumstances:
4.2 You fail to abide by Rules of this Agreement, listed in the Gym or directions given by staff. In most instances a warning will be given, however we reserve the right to take immediate action for any conduct that infringes on the health, safety or wellbeing of any other members or staff.
- GYM RULES
Behaviour
5.1 You must respect the entitlement of all others to use the Gym in peace and without disturbance or disruption by you.
5.2 You must not use our products, services, or facility for purposes other than the use for which they were designed or intended.
5.3 No person is to be permitted within the premises of the Gym or its surrounds under the influence of drugs or alcohol.
5.4 You must not be abusive or aggressive to Staff or other patrons or act in a manner that is lewd or provocative.
5.5 For the purposes of clauses 5.1–5.4, a Staff member’s statement that you have acted in such a way is evidence of you doing so.
Personal Training
5.6 Personal trainers and Exercise Physiologists operate separately to us under individual agreements to utilise the Gym for their business. You must not provide personal training services to other members or engage with personal trainers who are not authorised by us to work in the Gym.
5.7 Personal training and Exercise Physiology services are subject to additional terms and conditions and costs as agreed between you and the personal trainer or Exercise Physiologist. We take no responsibility at all for their:
(1) actions or omissions; or
(2) services, or any injury or loss you may suffer as a result of the same.
Possessions
5.8 You agree that anything of value you bring onto the premises of any Gym is at risk and that risk is yours alone. You are to ensure that all your personal items are stored in a safe place. We strongly recommend that you do not take anything of value into the Gym, and We take no responsibility to provide you with a secure place to leave any such items.
5.9 You must not bring into the Gym any hazardous items including flammable goods, gas cylinders, acids and poisons, lithium batteries, bleaches, paints and sharp objects (metal cutlery, letter openers, razor blades) or anything that can be used as a weapon.
Access by Non-Members
5.10 You are not permitted to bring or allow a non-member into the Gym without Staff permission. If you breach this clause then:
(1) you accept responsibility and liability for any injury, loss or damage attributed to the non-member;
(2) the act of bringing a non-member into the Gym constitutes an automatic acceptance by you of an Unauthorised Entry Fee for the non-member. The Unauthorised Entry Fee, in addition to the relevant transaction fees, will be charged to you by a deduction from your nominated payment method; and
(3) we may decide to terminate your use of the Gym.
- LIABILITY
6.1 You understand and accept that activities performed within the Gym carry significant risk and can result in injury, paralysis or death and that you are under no obligation to participate where you have concerns about your ability to do so. Whilst at the Gym you may at times be unsupervised and you assume all risks associated with using any fitness and exercise equipment and exercising alone without the aid and presence of any Staff.
6.2 You agree that you accept liability for your actions and/or involvement and will be liable for any injury, loss, or damage suffered by any person resulting from your use of our Gym, products, or services. To the extent permitted by law, you agree to indemnify us against any costs, losses, damages or claims brought against us by any person in relation to such injury, loss, or damage.
6.3 To the extent permitted by law, we exclude any liability to you or any other person in 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 you and/or any other person, or for any costs, charges or expenses incurred by you, arising from or in connection with this Agreement and/or the services/products provided by us and any act or omission by us.
