UR Health + Fitness
UR Health & Fitness Membership Terms and Conditions
Important: Please take the time to read this document which affects your legal rights and obligations. Before commencing your Membership 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 as a Member. You are responsible for compliance with UR Health & Fitness’ Terms and Conditions and Rules. Parents and/or guardians of junior members 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 You are responsible to advise us of any change of name, address, other contact details, payment details and method and change of circumstance through writing to our email address urhealthandfitness@gmail.com
1.4 We may communicate with you via telephone call, text message or email from time to time for a period up to 24 months after your Membership ends unless you notify us to stop.
1.5 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) Administration Fee means the fee you pay to activate your membership and process requests including direct debits.
(2) Agreement means this these Terms and Conditions, the Schedule of Fees and the Membership Application.
(3) Cancellation Fee means the fee you may be required to pay when cancelling your fixed-term membership early.
(4) Direct Debit Decline Fee means the fee you pay to us or Paysmart where your debit request is declined, such as due to insufficient funds or incorrect details.
(5) Fixed Term means a Membership with a predetermined fixed duration, also known as a Lock-in period.
(6) GST means any goods and services tax, including but not limited to a tax imposed by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
(7) Gym means the facility owned or operated by us.
(8) Join Date means the date you elected to begin your Membership.
(9) Junior Membership means the Membership applicable to persons aged under 16.
(10) Member means the person entering into this Agreement with us and referred to throughout this Agreement as ‘you’ or ‘your’.
(11) Membership Fees means the fees due to be paid by you to us under your Membership Plan.
(12) Periodic Membership means a Membership that is not a Fixed Membership.
(13) 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).
(14) Schedule of Fees means the schedule of fees which may apply as provided for on the Website and as amended by us.
(15) Staff means employees, consultants, contractors or agents engaged by us who work at the Gym.
(16) Unauthorised Entry Fee means the fee you may be charged if you allow a non-member access to the Gym without our permission.
(17) 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’.
(18) 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 Membership Application, either completing the application themselves or signing an approval form.
3.7 Any Junior Member (under the age of 16) must be under the supervision of a responsible adult or member of staff when attending the Gym.
4. Commencing exercise
4.1 Before commencing exercise at the Gym and at any other time reasonably requested by Staff, you will be required to complete a pre-exercise screening form. In doing so, you represent that the information you provide us is accurate and complete as far as is known to you; and
4.2 You agree to follow all instructions provided to you in the orientation and by Staff.
- PAYMENT TERMS
Fixed Term
5.1 Fixed Term memberships may be paid in advance directly, or by direct debit with Paysmart. On expiry of the fixed term, unless you advise us otherwise, your membership will continue as a Periodic Membership.
Periodic
5.2 Periodic Memberships may be paid in advance directly, or by direct debit with Paysmart.
Direct Debit
5.3 By completing a Direct Debit Authority (DDA) when submitting your Membership application, you authorise us to debit all Membership Fees and any other fees you owe from the nominated account or credit card via instalments in advance.
5.4 You agree that it is your responsibility to have sufficient credit in the nominated account/s so that payment is made to us on time and in full at the time the payment is processed. A Direct Debit Decline Fee will apply should your payment be declined.
5.5 We accept no liability to you for any additional charges imposed by your financial institution due to insufficient funds or credit in your nominated account/s.
5.6 You agree to pay all administration fees and credit card surcharge fees imposed by Paysmart, the direct debit provider.
5.7 You authorise us to notify any debt collection or credit reporting agency of your default upon default by you regarding any obligation under this Agreement and any failure to remedy such default after notification.
Increases in Membership Fees
5.8 Fees payable by you in accordance with this Agreement may increase in cost over time. We will provide you with at least 14 days written notice before any proposed change takes effect. If you do not wish to accept the proposed changes, you may cancel your Membership without additional penalty provided that you notify us in writing within 14 days of receiving our notice.
GST
5.9 All Membership Fees are inclusive of any applicable GST. The Member is responsible for any additional costs, charges, or taxes (such as fringe benefits tax) arising from their use of the Gym or any other goods or services offered/provided in connection with their Membership.
- TERMINATION BY MEMBER
Cooling Off Period – 48 Hrs
6.1 You may request to cancel your Membership any time within 48 hours of signing this agreement by notifying us in writing to our email address urhealthandfitness@gmail.com
6.2 If you exercise your cooling-off rights under clause 6.1, we will refund any fees already paid by you excluding the Activation Fee and Administration Fee.
Cancelation After 48 Hrs
6.3 You may cancel this Agreement at any time by providing a minimum of 14 days notice. All payments due as at the date of cancellation must be paid in full and Fixed Term members must pay the lesser of the Cancellation Fee or remaining Membership Fees to reach the end of the Fixed Term. We will not be required to provide a refund of any Membership Fees paid.
- CHANGES AND SUSPENSIONS
7.1 You may change your level of membership between general access and group membership at any time by providing 7 days notice.
7.2 You may suspend your Membership at any time by providing 7 days notice, for a period of between 7 days and 6 months. Prior to commencement of suspension all outstanding fees and charges must be paid.
- SICKNESS AND INJURY
8.1 If you are unable to use our Gym by reason of temporary physical incapacity, for a period of more than 7 consecutive days, you may suspend your Membership for up to 6 months.
8.2 Where it is deemed you will be unable to return for a longer period you may cancel your membership. If your Membership Plan is Fixed Term, you will not be charged Cancelation Fees under clause 6, and if you are paid in advance we will provide you with a refund of the period that was not used.
8.3 Upon return, you may be required to provide a medical certificate clearing you to commence exercise to reactivate your Membership.
- TERMINATION BY US
9.1 We reserve the right to terminate this agreement with or without notice in the following circumstances:
9.2 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.
9.3 The temporary or permanent closure of the Gym where a suitable replacement facility is not available for the membership to transfer.
9.4 If you do not fully pay your Membership Fees on the due date, we may:
(1) immediately suspend your Gym access until your payments are up to date; and
(2) continue to debit your nominated account without notice along with any dishonour fees that apply, until we have received the total amount you owe us; or
(3) terminate your Membership, along with charging you any Termination Fee that may apply.
- ASSIGNMENT OF MEMBERSHIP
10.1 We may assign or novate your Membership to a third party (such as through a change of ownership) without your consent. Such assignment does not void the terms of your Membership.
- GYM RULES
Behaviour
11.1 You must respect the entitlement of all others to use the Gym in peace and without disturbance or disruption by you.
11.2 You must not use our products, services, or facility for purposes other than the use for which they were designed or intended.
11.3 No person is to be permitted within the premises of the Gym or its surrounds under the influence of drugs or alcohol.
11.4 You must not be abusive or aggressive to Staff or other patrons or act in a manner that is lewd or provocative.
11.5 For the purposes of clauses 11.1–11.4, a Staff’s statement that you have acted in such a way is evidence of you doing so.
Personal Training
11.6 Personal trainers operate separately to us under individual agreements to utilise the Gym for their business. Members 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.
11.7 Personal training services are subject to additional terms and conditions and costs as agreed between you and the personal trainer. We take no responsibility at all for any personal trainer’s:
(1) actions or omissions; or
(2) services, or any injury or loss you may suffer as a result of the same.
Possessions
11.8 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.
11.9 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
11.10 No Member is 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 as part of the next instalment; and
(3) we may decide to cancel your Membership.
- LIABILITY
12.1 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.
12.2 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.
12.3 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.
