Privacy Policy
We have created this privacy statement for Fitness Boxx Pty Ltd in order to demonstrate our firm and continuing commitment to the privacy of personal information provided by those visiting and interacting with Fitness Boxx Pty Ltd. We hold the privacy of your personal information in the highest regard. The following discloses our information gathering and dissemination practices for this website.
We recognise the importance of protecting your privacy and our policy is designed to assist you in understanding how we collect, use and safeguard the personal information you provide to us and to assist you in making informed decisions when using our site. This policy will be continuously assessed against new technologies, business practices and our customers’ needs.
What Information Do We Collect?
When you visit this web site you may provide us with two types of information: personal information you knowingly choose to disclose that is collected on an individual basis and Website use information collected on an aggregate basis as you and others browse our Website.
Personal Information You Choose to Provide
1. Email Information
If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received by mail and telephone.
2. Website Use Information
Similar to other commercial Websites, our Website utilises a standard technology called “cookies” (see explanation below, “What Are Cookies?”) and web server log files to collect information about how our Website is used. Information gathered through cookies and Web server logs may include the date and time of visits, the pages viewed, time spent at our Website, and the websites visited just before and just after our Website.
How Do We Use the Information That You Provide to Us?
Broadly speaking, we use personal information for purposes of administering our business activities, providing the products and services you requested, to process your payment, to monitor the use of the service, our marketing and promotional efforts and improve our content and service offerings, and customize our site’s content, layout, services and for other lawful purposes. These uses improve our site and better tailor it to meet your needs.
Furthermore, such information may be shared with others on an aggregate basis. Personally identifiable information or business information will not be shared with parties except as required by law.
Occasionally, we may also use the information we collect to notify you about important changes to our Website, new services, and special offers we think you will find valuable. You may notify us at any time if you do not wish to receive these offers by emailing us at the link provided on the newsletter.
What Are Cookies?
A cookie is a very small text document, which often includes an anonymous unique identifier. When you visit a Website, that site’s computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each Website can send its own cookie to your browser if your browser’s preferences allow it, but (to protect your privacy) your browser only permits a Web site to access the cookies it has already sent to you, not the cookies sent to you by other sites. Browsers are usually set to accept cookies. However, if you would prefer not to receive cookies, you may alter the configuration of your browser to refuse cookies. If you choose to have your browser refuse cookies, it is possible that some areas of our site will not function as effectively when viewed by the users. A cookie cannot retrieve any other data from your hard drive or pass on computer viruses.
How Do We Use Information We Collect from Cookies?
As you visit and browse our Website, the site uses cookies to differentiate you from other users. In some cases, we also use cookies to prevent you from having to log in more than is necessary for security. Cookies, in conjunction with our Web server’s log files, allow us to calculate the aggregate number of people visiting our Web site and which parts of the site are most popular. This helps us gather feedback to constantly improve our Website and better serve our clients. Cookies do not allow us to gather any personal information about you and we do not intentionally store any personal information that your browser provided to us in your cookies.
IP Addresses
IP addresses are used by your computer every time you are connected to the Internet. Your IP address is a number that is used by computers on the network to identify your computer. IP addresses are automatically collected by our web server as part of demographic and profile data known as traffic data so that data (such as the Web pages you request) can be sent to you.
Sharing and Selling Information
We do not share, sell, lend or lease any of the information that uniquely identify a subscriber (such as email addresses or personal details) with anyone except to the extent it is necessary to process transactions or provide services that you have requested.
How Can You Access and Correct Your Information?
You may request access to all your personally identifiable information that we collect online and maintain in our database by emailing us at warriewood@fitnessboxx.com.au.
What About Legally Compelled Disclosure of Information?
We may disclose information when legally compelled to do so, in other words, when we, in good faith, believe that the law requires it or for the protection of our legal rights. We may also disclose account information when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our Terms of Service or to protect the safety of our users and the Public.
What About Other Websites Linked to Our Website?
We are not responsible for the practices employed by websites linked to or from our Website or the information or content contained therein. Often links to other websites are provided solely as pointers to information on topics that may be useful to the users of our Website.
Please remember that when you use a link to go from our Website to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other web site, including web sites, which have a link on our Website, is subject to that Website’s own rules and policies. Please read over those rules and policies before proceeding.
Your Consent
By using our Website you consent to our collection and use of your personal information as described in this Privacy Policy. We reserve the right to amend this privacy policy at any time with or without notice.
Our Commitment To Data Security:
Please note that your information will be stored and processed on our computers in the Australia. The laws on holding personal data in the Australia may be less stringent than the laws of your Country of residence or citizenship. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
Choice/Opt-In/Opt-Out
All of our marketing correspondence allows visitors to unsubscribe so that they will not receive future messages. After unsubscribing we will discontinue sending the particular messages as soon as technically feasible.
A Special Note About Children
Children are not eligible to use our services unsupervised and we ask that children (under the age of 18) do not submit any personal information to us. If you are a minor, you can use this service only in conjunction with permission and guidance from your parents or guardians.
Acquisition or Changes in Ownership
In the event that the website (or a substantial portion of its assets) is acquired, your information would be considered part of those assets, and may be part of those assets that are transferred.
Policy Modifications
We may change this Privacy Policy from time to time. If/when changes are made to this privacy policy, we will post any changes here, so be sure to check back periodically. However, please be assured that if the Privacy Policy changes in the future, we will not use the personal information you have submitted to us under this Privacy Policy in a manner that is materially inconsistent with this Privacy Policy, without your prior consent.
Membership Terms & Conditions
Terms and Conditions Last Updated October 2022 Fitness Boxx Mona Vale Pty Ltd – trading as Fitness Boxx ABN 19 618 908 302 ________________________________________________________________________________________________________________________
Thank you for taking the first step towards a healthier lifestyle, with us here at Fitness Boxx. We trust you will enjoy your time with us and we hope we can be of as much assistance as possible in helping you to reach the results you set out to achieve. If at any time you have any questions, need any help in our facility or would like to bring anything to our attention, please do not hesitate to contact us via our our email address warriewood@fitnessboxx.com.au, as we are as determined in helping you achieve your individual fitness goals, as we are to promote health and fitness throughout the greater community. Yours in fitness, health and wellbeing, The Fitness Boxx Team ________________________________________________________________________________________________________________________
Fitness Boxx - Membership Terms and Conditions Please read through this information carefully and keep it on file.
Recommendation: Before commencing any exercise program, we request that you get full clearance by your G.P. We recommend that you consider these terms and conditions before you agree to become a member of Fitness Boxx. Our Membership Terms, Conditions and Rules may change from time to time. We will make an effort to contact you in advance as defined in Operations and Rules Changes – in the Rules section. A copy of the terms and conditions are available on our website. NOTE: If, after agreeing to become a member of Fitness Boxx, you decide you do not wish to go ahead with your membership, please refer to Paragraph 8 (Trial Period). Fitness Boxx uses CCTV to review claims and club access and by signing the acknowledgement on your Membership Application/Program Application, you agree to the use of this footage to any extent permitted by law.
Membership Categories
Flexi Membership – is a continuous payment plan, with a minimum term of 4 weeks. You can select to end any membership type after an agreed number of payments in the manner set forth in these terms and conditions. It is understood that the membership will continue at the scheduled payment amount and frequency until it is canceled in accordance with Paragraphs 9, 10, 11 or 12.
12-Month Membership - is a continuous payment plan, with a minimum term of 52 weeks. You can select to end any membership type after an agreed number of payments in the manner set forth in these terms and conditions. It is understood that the membership will continue at the scheduled payment amount and frequency until it is canceled in accordance with Paragraphs 9, 10, 11 or 12
Should you decide to pay for a membership up-front, you do not need to fill in a DDR Form and the membership will be bound by the terms in paragraph 6, referring to ‘Pay in Advance’ Memberships. NOTE: Reduced payment options like Payment Suspension, pro-rata fees etc are not classified as a full payment. All other membership sub-categories, for example but not limited to, founding, early-bird, premium or multi-club memberships, discounted student/seniors or other special offers or family memberships will fall under previously mentioned categories, as stated on your Fitness Boxx Program Application and Contract.
Membership Sub-Categories - Unless otherwise noted in your payment contract with EziDebit, all of the following membership sub-categories will fall under the “Flexi-Membership” category.
Program Only - Provides access to online programming via the Train Heroic App (or other apps that may be used from time to time to deliver programming). No other access to the gym is included in this option.
Self-Access - Provides unlimited access to Fitness Boxx 24-Hours a day, with no access to any other training programs, challenges or classes.
Team Training - Allows full access to Fitness Boxx Team Training classes, as scheduled on the timetable, as well as unlimited self-access to The Facility 24-Hours a day.
Kids & Teens - Allows access to Fitness Boxx Kids and Teens classes as scheduled on the timetable.
2x/week - Allows access to two (2) Team Training classes per week as well as unlimited 24-Hour Access to The Facility.
Membership Terms and Conditions
1. FINAL CONTRACT ARRANGEMENT - No contract will exist between You and Fitness Boxx until we sign the contract.
2. Fitness Boxx’s ACCEPTANCE OF THIS CONTRACT - In addition to the matters set out above, we have 7 business days after formation of a Contract to rectify any miscalculation reflected within the application of the Agreement, Program Application, Membership Application or the DDR.
3. CLUB RULES – Fitness Boxx has rules and regulations that all members and visitors must comply with. The upstairs gym area, downstairs Group Training area, general access areas, stairs and bathrooms/change rooms can at times be higher risk areas and you agree to abide by the rules which may be displayed in those and other areas, in handouts, emailed to members and on our website and Facebook page as well as in these terms.
4. MEMBERSHIP PRIVILEGE - You will be bound by these Membership Terms once we have signed the contract and not based on the amount of times you may use the club. As a member you are entitled to use the facilities of the Club only during the specified times and only for the term of this membership subject to meeting these Membership Terms and the rules applicable. Memberships are non-assignable, non-transferable and non-refundable except as permitted in these Membership Terms. When using the club during times when no staff are present, you must adhere to all rules, policies, procedures and regulations.
5. PAYMENT OF FEES - Memberships are paid weekly, fortnightly, monthly or up-front in advance. You agree that all merchant fees associated with credit card payments can be recovered from your nominated credit card account (if applicable). If they are not paid on the due date, you agree that we may continue to debit the nominated credit/debit account with the total amount due without notice to you.
6. PRE-PAID MEMBERSHIP - PAY IN ADVANCE MEMBERSHIPS -You may choose to make advance payments of your weekly, fortnightly or monthly dues (whichever is applicable) up to any time limits imposed by law. Please be advised that you are still required to provide details of your direct debit account for immediate direct debit after the initial period (the period paid for in advance).
6.1 PAY UP-FRONT MEMBERSHIPS – 3, 6 or 12-month memberships are available to purchase as an alternative to a continuous direct debit membership. These types of memberships are paid in advance. It is important to know that when it comes time to renew your membership - in order to avoid the imposition of increased membership dues upon renewal of your membership, you must renew it before it expires. You may renew your membership upon payment of the membership fees and administration fee, current at the time of renewal. Your renewed membership will be on the membership terms current at the time. Please note, should you decide you no longer want to continue your membership, within the pre-purchased term, no refund will be given. Payment suspensions are not available on pay up-front membership options.
7. OUTSTANDING MONIES / NO ACCOUNT DETAILS – Access to the club may be suspended if any amount payable for your membership is not paid on the due date, until such time as payments are up to date. Any monies outstanding for other services in the club (for example, outstanding payments for retail items, personal training fees or course fees may be automatically deducted from the supplied account/credit card details if not paid by you, in person at the club. PLEASE NOTE: Fitness Boxx will suspend your membership until full account details are provided.
8. COOLING OFF PERIOD - You have a Cooling Off Period of 7 days commencing on the date a Contract is formed. If you wish to utilise this period to cancel your membership, you are required to tell us in writing that you want to cancel your membership during your Cooling Off Period. We will cancel your Contract and cease any further payments, except where payment is still owed for any services you have completed (e.g. Assessments, Personal Training fees and Nutritionist fees). If payment has been made in advance for a program or membership (e.g. 28 Day Challenge, Empowerment Program, Personal Training Package etc) you may cancel within the cooling off period and receive a full refund for the unused period of the service or program you have paid for, less a $100 administration fee. After the Cooling Off Period ends, if you wish to terminate/cancel the Contract, you may be required to pay a fee to us calculated in accordance with clauses 9, 10, 11 and 12.
9. CANCELLATION WITHIN MINIMUM TERM - You can only cancel your membership prior to the expiry of the Minimum Term if you:
• Give 2 weeks (14 Days) notice in writing to Fitness Boxx and Pay the $300 early termination fee.
• If we make changes to the Contract which adversely affect you (refer to Paragraph 12 Cancellation or Termination When Changes Made to Terms & Conditions or we breach our obligations).
10. CANCELLATION OR TERMINATION OUT OF MINIMUM TERM - For any cancellation after the expiry of the Minimum Term you must give us 2 weeks written notice (counted from the next direct debit date) to Fitness Boxx. All fees must be paid and up to date at the time of lodgment of the written cancellation request to Fitness Boxx. Your cancellation will not take effect until we give you confirmation of your cancellation notice and receipt for payment of all required fees, both of which we will provide. So there can be no mistake, for your membership cancellation to be effective, all your membership fees must be paid up to date on the date you give notice AND you must pay or make satisfactory arrangements to pay all membership fees for the period from the date of notice until the date it takes effect. Should you have outstanding fees, your cancellation will not be processed and you will have to reapply to cancel in writing once payment is up to date.
NOTE: Payment Suspension periods do not count in any period of notice, required to be given, to cancel or terminate your membership.
12. CANCELLATION OR TERMINATION WHEN CHANGES MADE TO TERMS & CONDITIONS OR WE BREACH OUR OBLIGATIONS - You may end your contract at any time by giving the written notice set out in paragraph 11 and if we tell you we are going to adversely change or add to these Membership Terms and Conditions, Club Rules or Club services and facilities or if we are going to adversely change the membership fees applicable to your membership. (This does not include annual membership fee increases, group exercise timetable changes or changes to extra services, staffing, opening hours, low usage period opening hour changes or any changes imposed on Fitness Boxx by law).
14. PERSONAL TRAINING SERVICES - Bookings for our personal training services (including, but not limited to 1 on 1 training, small group training sessions, assessments and reassessments) may require a credit card to hold the booking. Any cancellation of personal training services must be made 24hrs before the booking commencement time. This includes sessions that are purchased in conjunction with a membership and paid for on your direct debit. Failure to give 24 hours notice or more will result in the loss of the session with no refund. All Personal Training Services must be paid for in advance.
15. MONETARY REFUNDS - You have a ‘Cooling Off Period’ which commences on the date the contract is formed, or in the case of a new Club, the Grand Opening date, and will end 7 full days after this period where you will be refunded your initial payment less the administration fee of $100 and any other services you have completed that were paid for at the time of joining if you decide you do not wish to proceed with your membership application. This request must be made in writing to Fitness Boxx and submitted and acknowledged within this period. After this period you are not eligible for any refund of money, which you have paid to us for any reason. Should you pre-pay for a membership or a program offered at, or by Fitness Boxx, a refund will not be granted for any reason. This includes but is not limited to 1,2,3,6 & 12 month memberships and other special programs. In the case of point of sale items, we will exchange a product if it is faulty, however we will not exchange or refund if you change your mind. All assessment fees, Personal Training fees and course fees are non-refundable, except in circumstances where a payment has been made up-front for a single personal training session and your appointment is canceled with 24 hours notice or more.
16. FEE INCREASES - We reserve the right at any time, after the minimum period of the contract, to increase the fees to be charged. We will use reasonable endeavours to give written notice to the most current email address you have supplied at least 14 days prior to this occurring. You will be taken to have received notices sent to your latest email address given to us on the second business day after we send the notice. If membership fees are increased and reasonable endeavours have been made to provide prior notice, you hereby authorise Fitness Boxx to increase any direct debits to your credit card or bank account, which you have authorised upon joining (or on a separate Variation Form - whichever the most current) accordingly.
17. DEFERRED PAYMENTS - Where assessment fees or other fees have been deferred (as shown on your membership agreement), you hereby authorise us to increase direct debits to your credit card or bank account which you have authorised (or on a separate Variation Form - whichever the most current) accordingly for the number of instances shown on your membership agreement until those deferred fees are paid in full. For example, there may be promotions where we allow the member access to the club on the basis that joining and/or assessment fees will be debited from the authorised bank account or credit card on the first direct debit.
18. MEMBERSHIP PAYMENT SUSPENSION - Membership Payment Suspension is available for a minimum of 1 week to a maximum of 12 weeks (with a fee of $10 for each week that you wish to suspend your membership payable in advance prior to the commencement of the Payment Suspension period) provided that all amounts payable for membership dues are paid up to date. Additional free suspension periods (no longer than 38 weeks) are available for travel or medical reasons upon production of supporting documentation to our satisfaction. NOTE: Pro-rata of direct debits will be done; the debit may be frozen for the first direct debit/s that falls within the Payment Suspension period or in between direct debits. For up front memberships, Payment/time Suspension is not available. During periods of payment suspension, access to online programming will be removed unless payment for online programming is made, at the rate current at the time of suspension
19.1. ACCESS TO CLUB - You will be issued with 1 Security Access Card (Fob) when joining. Entry to the club without a valid Fob is at Fitness Boxx’s discretion and photo ID may asked for. You must not loan your Fob or permit its use by anyone other than you. If you lose or misplace your Fob, you will be charged $30 for it’s replacement.
19.2. 24-HOUR ACCESS – For 24-hour access, a scanner will be used to enter the gym and record your visit. When you place your tag on the scanner, the doors will automatically open. You must scan your tag, even if the doors are already open. If a second person enters with you and only one visit is recorded, a penalty fee (casual visit fee) of $25 will be charged to your nominated account. If this fee can’t be recovered from your account, your membership will be suspended until arrangements to pay this fee are made. You hereby authorise us to contact you regarding these matters. Photos and CCTV recording will be reviewed daily to ensure all members and their guests are following correct procedure. These files are stored for 2 years or longer.
20. ADMISSION RIGHTS - We reserve the right to refuse entry to any person, including members, and have the right to cancel your membership without warning or notice for inappropriate behavior that may be deemed threatening or harassing, and includes damaging equipment in the club and perceived risks, including but not limited to, the use of alcohol and/or illegal or performance enhancing drugs. We may issue warnings, suspensions and may terminate your membership for any breach of these Membership Terms & Conditions or failure to comply with club Rules. Restrictions may also be imposed and warnings may be given at our sole discretion.
21. FEEDBACK PROCESS – Fitness Boxx values both your positive feedback and complaints. We will endeavour at all times to assist you with any concerns you may have. To effectively process your feedback we have a system in place so that feedback can be dealt with in a timely fashion. The initial feedback is always directed immediately to the relevant Head of Department within the club whose role it is to contact you within 5 business days (where possible and if appropriate) to discuss or resolve. Should you feel that it has not been resolved effectively, then it may be escalated to the General Manager who will in turn contact you.
22. CHANGE OF DETAILS - It is mandatory that you keep us informed of any change of address, email address, contact numbers, bank account & credit card details for payment and any other information relevant to your membership. It is our policy to have at least 1 current contact phone number as well as 1 other emergency contact number, a current email address. Access to the club may be denied if we do not have these details.
23. IN-CLUB-HELP IN RELATION TO USE OF THE GYM - You have an opportunity to attend an orientation session upon joining the club. While we schedule a personal trainer to supervise the gym floor at certain times, should you need further assistance, it may not be available at all times. If you believe that there is a risk to your health by participating in any of the fitness activities offered at the club, you must inform us in writing of that risk and give full details of the risk, and we recommend that you train under the guidance of a personal trainer. You warrant to Us, the accuracy of your answers to any questionnaire regarding your physical condition and we will rely on the accuracy of those answers. We may, at our discretion, deny your membership application until you receive written medical clearance from your doctor to proceed with an exercise program at the club and/or until you have received advice as to an appropriate exercise program. We recommend that written medical clearance on a form supplied by Fitness Boxx, is obtained prior to starting any form of exercise. You may at any time book in to see one of our professionals in regards to exercise or diet. These consultations will have associated fees.
24. RISK WARNING - It is your responsibility to ensure that you correctly operate or use any facilities and/or equipment provided by Fitness Boxx, including the adjustment of levels or settings on the equipment. If you are in any doubt as to how to correctly operate any equipment you should consult a member of staff before use. You may at any time request an equipment orientation from a trainer supervising the floor. You may ask any trainer on the floor for help, if they are not taking a 1-on-1 training session with another client. Fees may be associated with a service provided outside the normal inclusions.
25. RESPONSIBILITY FOR DAMAGE - You are liable to indemnify the club for any loss or damage (including consequential loss and damage and legal costs incurred by us) which you or your guest may cause to the club facilities arising from a breach of this agreement, your negligence, or, any willful act or omission committed by you. The club may ask you for reasonable payment for damages and refuse entry until payments have been made. If payment is refused, then your membership may be terminated immediately and, then if necessary legal action will be commenced (at your expense) to recover any loss or damage suffered by the club. CCTV may be used to review all claims. It is your responsibility to report any damage to Fitness Boxx immediately. A maintenance schedule is kept on site and we endeavour to ensure all equipment is maintained and if needed, repaired in a timely fashion.
26. CONTRACTORS - Independent contractors may be licensed to use the club to provide services, such as, but not limited to, personal training, group exercise, beauty therapy, nutrition, exercise physiology, physiotherapy and massage. Any claim, loss or damage which you might have suffered as a result of an act or failure to act by such a contractor (whether or not payment has been made to the contractor) will be brought against, and will be the responsibility of, that contractor and not Fitness Boxx. You hereby release, and indemnify and keep indemnified, us for any claim suffered by you as a result of an act or omission by a contractor providing services at the club. The Company will at all times assist, where possible, to resolve any conflict or issues with contractors.
27. YOUR PHYSICAL CONDITION - Whilst using the club facilities all Members accept responsibility for their state of health and physical condition. Upon signing your initial agreement, you filled in a Pre-Exercise Questionnaire and where required, submitted a medical clearance to your Doctor. You warrant and represent on the date of the Contract, and repeat such warranty and representation each time you use our facilities, that you are in good physical condition and that you know of no medical or other reason, that has not been identified in your medical clearance form, why you are not capable of engaging in active or passive exercise and that such exercise would not be detrimental to your health, safety, comfort or physical condition. Fitness Boxx’s staff and many contractors are not medically trained and are therefore not qualified to assess whether you or your guest are in good physical condition and/or that you or your guest can engage in active or passive exercise without detriment to your or their health, safety, comfort or physical condition.
27.1 We strongly advise you take expert advice prior to commencing any exercise program if you are in any doubt about your ability to engage in active or passive exercise. You shall not use any Club facilities whilst suffering from any infections or contagious illness, disease or other ailment or whilst 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. All beauty therapy customers must not use any of the beauty therapy services if they currently have any open sores of infectious conditions including but not limited to cold sores.
28. CLAIMS DERIVING FROM CLUB CLOSURE - If the club is closed for more than 2 days for refurbishment or it has been damaged, you may, without charge, transfer your membership to anyone who is not a current member of the club or we will suspend the necessity to pay a membership fee for the period of closure of the club. This does not entitle you to reduce membership fees when the club is closed on a public holiday, or we change the opening hours or timetable during low usage periods (this may include School and Christmas holidays). If the membership is transferred, the new member must undergo a medical clearance and our assessment, and pay any associated fees, prior to taking over your membership. From time to time the club may close for staff training. This does not entitle you to reduce membership fees when the club is closed.
29. UNENFORCEABLE CLAUSES - Where a provision is deemed to be invalid or unenforceable by the courts the provisions will be deleted from the Contract but such deletion will not affect the validity and enforceability of the remaining provisions. NOTE: The Contract will be subject to the laws of New South Wales.
30. CONTRACT TRANSFER BY Fitness Boxx - We may assign or transfer the benefit of the contract, or sub-contract its obligations under it, to any person, firm or company at any time without notice to you but shall remain liable to meet our obligations to you under the Contract.
RELEASE AND INDEMNITY
31. DAMAGES/PERSONAL INJURY - We give you warning that, whilst on our premises you may suffer injuries including but not limited to broken bones, soft tissue injuries and joint injuries. These injuries may occur as a result of you slipping on wet flooring, weights striking you, collision with equipment or other members, or any other incidents.
31.1 In consideration of the grant of membership to you, entitling you to engage in fitness activities provided by the Company, you hereby release and forever discharge the Company from all actions, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs, including for personal injury and expenses however arising that you may have had but for this release arising from or in connection with your participation in fitness activities at the Company or being on the Company’s premises.; and
31.2 You indemnify the Company to the extent permitted by law in respect to any loss or damage (including consequential loss) arising as a result of or in connection with your participation in fitness activities provided by the Company or arising from being on club premises and whether caused or contributed to, directly or indirectly, by any act of negligence to the fullest extent permitted by law, breach of duty, default and/or omission on the part of the Company or otherwise.
32. RELEASE AND INDEMNITY - In consideration of Fitness Boxx accepting your application for membership of the Club, and for you becoming and remaining a Member of the Club, you agree that the Company shall not be liable for any loss, damage or theft of any property belonging to, or brought onto any Club premises by you or your guest, occurring on said premises except where caused by the gross negligence or willful neglect of Fitness Boxx. In addition, Fitness Boxx shall not be liable for any loss or damage arising from the death or, personal injury or illness suffered by you or your guest which occurs upon any Club premises or as a result of the use of facilities and / or equipment provided by Fitness Boxx, except to the extent that such death, personal injury or illness arises from the gross negligence or willful neglect of Fitness Boxx.
Our Limited Commitment to You Regarding the Direct Debit Agreement If you are paying your membership fee by installments you will enter into an agreement with Ezi Debit Pty Ltd for the Minimum Term and beyond. Despite this arrangement we retain the right to deal with and determine any queries, conflicts or requests that may arise by you having a contract with us, including the terms and conditions as outlined in this document. For all circumstances regarding your direct debit agreement with Ezi Debit Pty Ltd, please refer to the Terms and Conditions of the Ezi Debit Contract and the Terms and Conditions of the Ezi Debit Direct Debit Request (DDR) Service Agreement, on your copy of the DDR & Contract. For cancellation and hold policies our terms and conditions replace the terms and conditions on the DDR & Contract. By signing and acknowledging your understanding of these terms and conditions, you also acknowledge your understanding of the Ezi Debit DDR contract Terms and Conditions.
Rules of the Club CLASSES – Some classes require a book in facility. The booking process may change from time to time so it is important to read notices about this, which will be displayed in the club or emailed out to members. Information on what to bring and if you need to book in for classes will be available on the website and also on the timetable. Some classes/programs are not included in your memberships. These include but are not limited to Personal Training sessions and Group events.
LOCKERS -Lockers are provided for use whilst exercising & will be cleared daily once the club is closed. Please be aware that Fitness Boxx does not accept responsibility or liability for any loss or damage to your personal property.
Your Fitness Boxx security tag and car keys - It is mandatory to sign in using your security tag to access the club at all times. Fitness Boxx takes no responsibility for your keys or security tags if left unattended.
LOST PROPERTY –Items left in the gym will be kept in lost property for a period of 2 weeks. After 2 weeks, we will give lost property to a charity if not claimed. Lost keys or wallets will be forwarded onto the Police. In the case of a lost wallet, Fitness Boxx will endeavour to find the owner of the wallet by looking for an ID card inside the wallet. All other items will be left intact. Fitness Boxx takes no responsibility for lost or stolen items.
CLOTHING & HYGIENE – Fitness Boxx requires all members and guests to wear suitable clothing (non-offensive) and appropriate enclosed sporting footwear when visiting any of the exercise areas (excluding wet areas). It is also paramount that personal hygiene is considered when visiting The Club, so it is appreciated that everyone wears deodorant and is considerate of their own body odour. We retain the right to remove or exclude patrons who wear offensive or inappropriate clothing or engage in behaviour, which is considered unhealthy, unhygienic or offensive.
TOWELS – Fitness Boxx requires all members to use clean towels to lie on when using equipment (including mats and carpet) at all times. Members will wipe down any equipment in which they have touched with their hands or other body parts, which have skin contact to equipment, in accordance with NSW Health guidelines. Towels are required in all classes.
WET AREA USAGE - You and your Guests may use the bathrooms. These areas are unsupervised and you use them at your own risk. No running, or jumping permitted in these areas.
VEHICLES - Vehicles and their contents, parked in the car park or elsewhere on the premises are left at the owners risk and Fitness Boxx will accept no liability for loss or damage. Vehicles entering the carpark will do so at their own risk and care must be taken at all times. Speed limits and stop signs must be adhered to.
TIME LIMITS - You must adhere to parking and equipment time limits. Violation of limits may incur fees as decided by the Company from time to time.
ADDITIONAL SERVICES – Fitness Boxx offers additional services such as but not limited to Personal Training, Specialty classes, Health and Fitness Retreats, Weight Loss Challenges, Outdoor Programs and special outings or programs etc. These services do not form part of the Contract and will incur separate fees and have separate agreements.
GUESTS - Guests may enter the club on payment of a fee determined by the Company from time to time. Guests must sign the Guest register, complete and submit a pre- exercise questionnaire (on or before their first visit) and, if requested, show a form of photo identification. Guests are subject to the Rules and Terms detailed here, and in the Guest Register and Pre-exercise Questionnaire. The number of visits by a guest to a club is at the sole discretion of the Company. All guests must be accompanied by you and must leave when you do. If you are a qualified trainer, you are not permitted to train guests at any time, unless you have written consent from Fitness Boxx and in this case, only for the period of consent stated. You may arrange guest visits during staffed times by speaking with a staff member. During unstaffed times, guest visits will need to arranged 24 hours prior to the guest visiting. They must complete the necessary guest induction and will be refused entry if this is not complete. Applicable fees must be paid for prior to visits during unstaffed times or a penalty fee of $25 will be charged to your account
CHILD MINDING – There are no Child Minding facilities available at Fitness Boxx. Children are not permitted to be left while you train (except during Team Training times) and failure to adhere to this may result in the cancellation of your membership.
USE DURING OFF-PEAK TIMES – During off-peak times, no staff will be present to assist you. For this reason, you must complete a Security Induction prior to being allowed this access. Safety guidelines must be adhered to in all circumstances. CCTV is reviewed periodically and is stored for future review of all incidents which occur during this time. In some circumstances, contractors such as personal trainers will be present during off-peak times. These contractors are not on the floor to assist you, though if they are not working directly with a client, you may approach them for assistance. Security and safety functions will be available to you should you have an emergency and will be briefed to you in your security induction.
SMOKING AND CONSUMPTION OF DRUGS AND ALCOHOL – Is not permitted anywhere on the Fitness Boxx premises. Anyone caught using any of these things will be removed immediately from the grounds and fines may be enforced. Use of the club whilst under the influence of any substance, including but not limited to alcohol, medications and recreational drugs is not permitted and failure to comply will result in immediate cancellation of your membership.
OPERATIONS AND RULES CHANGES - We cannot guarantee that we will not need to add to, change or remove Rules or conditions of membership, including but not limited to the Membership Terms and Conditions, opening and closing hours and the services, classes and facilities offered by the Club from time to time. With any such additions, deletions or changes Fitness Boxx will attempt to notify you in the club, on Facebook or to your last known address in writing or by phone or email with at least 7 days notice. If at any time the operations or services of a club are temporarily or permanently suspended for any reason, we may (subject to availability) by written notice to you, offer either the transfer of your membership to another person who is not currently a member, grant you complimentary Payment Suspension or you may cancel your membership as outlined in Paragraph 12. You will not have any other claim against us if this happens. NOTE: We will not use this right to vary the terms of any special offer which applies to you unless within the 7 business day period after signing where a miscalculation has occurred.
OPERATING HOURS – The club is available for 24 hour access to all members who have completed the 24 hour security induction and who are not on a time-restricted membership. Those who are on an ‘Off-Peak’ membership are not permitted access during staffed times without the payment of a casual visit fee. There are certain times where the club is staffed but Fitness Boxx reserves the right to have the club open without staff at any time. The hours during which staff members are available at the time of print are as follows. Fitness Boxx reserves the right to change these times. We will inform members with 7 days notice should we need to make changes to these times (there will be exceptions made for Grand Opening, staff training days and special functions). Fitness Boxx will review the staffed times every three months based on gym usage. The most up-to-date staffed times will be published on the website or on the timetables and Facebook. Should the club require closure for any reason, we will attempt to notify you via email, Facebook and in club signage.
STAFFED TIMES Monday: 05.00 18.30 Tuesday: 05.00 18.30 Wednesday 05.00 18.30 Thursday: 05.00 18.30 Friday: 05.00 13.30 Saturday: 07.00 9:00. It is important to note, that during these hours, if no group class or personal training clients are booked in, Fitness Boxx staff may not be present. Public Holidays – We will be unstaffed on all public holidays. It is at our discretion if we decide to close on public holidays. Christmas Holidays – For the 2 week Christmas / New Year period, Fitness Boxx will have reduced staff hours, with little or no classes. We remind you that access to the club for non-members is only permitted during staffed hours.
Privacy Statement and Acknowledgment In the course of establishing a Contract with you and during the term of that Contract we will obtain access to certain sections of your personal information (such as information concerning your health and your financial position). We respect the necessity to keep such information private. Fitness Boxx Mona Vale Pty Ltd will keep your private information secure and then only use, disclose or deal with such information for the purpose of your membership and then only in accordance with your prior written permission.
Other Information Please let us know if you have any questions about the terms. If there is any conflict between what we say in this document and anything you have been told at the club or over the telephone, these terms and conditions will prevail. If, at any time, we decide not to enforce our rights for any reason or period, this shall not be construed as a waiver of those rights. We have 7 business days after formation of a contract to fix any miscalculations we or you have made within the Program Application and Contract. You, as the member, have a 7 day trial period whereby you may cancel the Application and Contract on written notice. Please refer to Paragraph 8 (Trial Period). Fitness Boxx sends regular email alerts to members and updates through our Facebook page. It is the member's responsibility to ensure that Fitness Boxx have your most recent email address. Fitness Boxx accepts no responsibility for a member not knowing about changes in the club or any important messages sent out via email if they have not given Fitness Boxx a current email address. If you have supplied an email address and are not receiving emails, please alert a staff member
Definitions The following definitions apply with regards to these Membership Terms and Conditions: Fitness Boxx Mona Vale Pty Ltd, Fitness Boxx Wellness and Fitness Centre, Company, we, us, our, Fitness Boxx Mona Vale: Means Fitness Boxx Mona Vale Pty Ltd trading as Fitness Boxx located at Warriewood. Minimum Term: Means the term specified in the Agreement and Direct Debit Request (DDR) Contract and may reflect the minimum number of periodic payments. You, your: Means the member of Fitness Boxx Mona Vale Pty Ltd trading as Fitness Boxx Wellness and Fitness Centre, Open 24/7 and/or their family or guardian (with or without power of attorney), their agent, executor, administrators or permitted assigns of the member. The Club, The Facility: Means the Fitness Boxx Mona Vale Pty Ltd trading as Fitness Boxx located at 6/1 Vuko Pl, Warriewood, NSW, 2102. Agreement, Application: Means the Application and Contract between Fitness Boxx Mona Vale Pty Ltd trading as Fitness Boxx, and you under which you will become a member of Fitness Boxx Mona Vale Pty Ltd. trading as Fitness Boxx. Rules: Means the rules regulating the operation of opening hours, equipment, behaviour in the club, specified in signage, occasional newsletters and on our website. Trial Period: Means a Cooling Off Period. Agreement: Your membership agreement you signed upon becoming a member. Fitness Boxx Mona Vale Pty Ltd trading as Fitness Boxx has an identical copy of this agreement. DDR: Direct Debit Request Form - this form contains your debit information and agreement. Fitness Boxx retains a copy of this agreement Medical Clearance, Dr’s Letter, Medical Approval: Refers to the letter we provide you before joining, that you are required to take to your Dr, GP or medical specialist. All medical considerations must be noted on this letter. If Fitness Boxx deems it necessary for you to have medical clearance, entry may not be permitted until this form is completed and you have been assessed Security Induction: Refers to the induction required at the time of joining to explain all the security and safety measures we take to ensure your risk is minimised. Off-Peak and 24 hour access will not be granted until you have completed this induction.