For members who have signed up after June 2020

                      

Membership Terms and Conditions

                                                       

These are the Terms and Conditions between Ultimate Franchising Group Pty Ltd ACN 607 187 860 ("UFC GYM"), the Club(“we”, “us”, “our” or “the Club”) and Membership Services Australia Pty Ltd ACN 620 173 882 ("MSA") is willing to provide membership to you.

THIS IS AN IMPORTANT DOCUMENT – PLEASE ENSURE THAT YOU READ IT CAREFULLY.

  1. The member is entitled to unrestricted use of and access to the Club facilities subject to the club's conditions rules, regulations, the terms of this membership agreement and the terms and conditions of the particular membership selected by the member as set out in the documents provided to the member on signing this agreement ("Agreement") (which by signing, the member acknowledges having read and received

  2. You must ensure that you read, understand, and abide by the Rules (“Rules”) which are notified to you through signage, handouts, or our website You must comply with any lawful and reasonable direction of the Club's staff and that they will not conduct themselves in any way that would present a danger to, or create a nuisance for staff or other members using the Club's facilities

  3. During the process of entering into the Agreement with you and during the term of the Agreement we will obtain access to certain types of your personal information, such as information relating to your health and financial position. We will only use, disclose or deal with such information in accordance with our Privacy Policy. A full copy of our Privacy Policy is shown on our website (www.ufcgym.com.au).

  4. You understand that your membership commences on the membership start date of this Agreement (or when the Club opens in the case of “pre-sales”) and is ongoing unless terminated in accordance with this Agreement.

  5. Provision of a safe and effective exercise program is dependent upon accurate health and fitness profiling. It is your responsibility to seek medical clearance prior to commencing any exercise program. You agree to disclose to us all relevant personal health and fitness information both prior to and during engagement in any exercise program, service or facility we provide to you, as part of your membership. This is inclusive of any health risk assessment, initial and periodic fitness assessment and relevant information or recommendations provided by your medical practitioner. You further warrant and represent that you will not use the Club's facilities 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.

  6. The member acknowledges that our staff and contractors are not medical professionals and they will not provide a medical opinion on which the member may rely.

  7. The member indemnifies UFC GYM and the Club against all medical costs and expenses, including the costs of an ambulance when ordered by the Club, for any injury or illness sustained at the club by the member or their guest, insofar as the injury or illness was not caused by the misconduct or negligence of the Club.
  8. For membership periods with a duration of over 3 months, the member may cancel the Agreement within the 7-day cooling off period from the membership start date, where no fee is payable (and any membership or joining fee paid will be refunded to the member), less the reasonable costs for services provided or business administrative processes.

  9. To cancel a membership after the cooling off period, (if applicable), the member must give notice in writing prior to the end of the term of the membership and pay 100% of the minimum membership balance owing. Outside of the minimum term a member must give 4 weeks' notice in writing and pay the equivalent to four (4) weekly direct debit payments.

  10. In this Agreement, “member” includes a guardian if the member is under 18 years old.

  11. If a member is under 18 years of age, the guardian:
    • Consents to the member being a member of the health club;
    • Has read and understands this Agreement; and
    • will use all reasonable endeavours to ensure that the member complies with this Agreement.

  12. Operating hours may differ between clubs and can be requested from the member's club or reviewed on our website: ufcgym.com.au

  13. You must keep us promptly informed of any changes of address, phone contact numbers, email address, bank account and credit card details for payment and any other personal information that is relevant to your membership with us.

  14. $10.00 failed payment fees are payable to MSA if your weekly membership payment is rejected for any reason, unless the rejection is caused by UFC GYM or the Club.

  15. Membership suspension/time stop is available for a minimum of one (1) week and a maximum of two (2) weeks with any 6-month membership term. Further extensions will not be granted under any circumstances including but not limited to illness or injury. A $10 per week hold fee applies while on hold. All other membership terms including Paid in Advanced cannot be placed on suspension/time-stop. Requests for time stop must be done in person with the club you have signed your Agreement with and additional suspensions are at the sole discretion of club management upon the production of a valid medical certificate.

  16. To the extent of the law and in accordance with our Privacy Policy, the member consents to and authorises the use and reproduction by UFC GYM, the Club and its agents, for information and details relating to the member's participation in the Club's activities, including but not limited to photographs, training results, comments and testimonials, both written and recorded on audio and on video, first name and initial, suburb and age.

  17. The member fully understands that the above information may be used for advertising for the Club.

  18. To the extent of the law and in accordance with our Privacy Policy, you understand and agree that UFC GYM may transmit the photographs/films of the images taken of such classes for commercial and marketing purposes on its website and in publications, which may include but is not limited to photographs or videos on social media, posters, newsletters and catalogues etc. UFC GYM will take reasonable steps to store securely any photograph or video containing your image and UFC GYM will take reasonable steps to ensure that neither UFC GYM nor its employees use the photographs or videos for any unauthorized use nor modify them inappropriately and will retain them only for the purpose for which it is intended.

  19. You release and indemnify UFC GYM, the Club, its agents, officers and employees from any claims and demands arising out of or in connection with the use of your image on such photographs/films, including but not limited to claims of breach of Privacy Policy or the Australian privacy laws, defamation or financial compensation. Intellectual property in all photographic or video material belongs to UFC GYM and you agree to assign to UFC GYM any personal, moral or other intellectual property rights you may have in the material on request and without further consideration.

  20. Non-use of the facilities by the member gives no right to a rebate, cancellation or refund of the membership fee. If the Club's facilities remain closed during the advertised trading hours, then currently under Fitness Australia regulations (“Hours of Opening”) - excluding any Public Holidays - then the membership will be automatically credited a period equal to the duration of the closure.

  21. We can refuse entry to the Club's facilities, cancel your membership and / or terminate the Agreement without warning or notice for inappropriate, threatening or harassing behaviour, damaging equipment or facilities, or use of illegal or performance enhancing drugs in the Club's facilities. You may not conduct, promote, or solicit other business in the Club's facilities without prior permission of the Club's management. No refunds will be issued. The exercise of this clause by the Club is at the sole discretion of the manager of the Club.

  22. Member agrees to have his/her photograph taken for use in member identification and the member must show his/her valid UFC GYM membership card before entry. Membership cards are not transferable and must be shown on every visit to gain entry. Photo identification is necessary with the Club membership purchase and an ID photo will be taken for the UFC GYM database records only.

  23. The member acknowledges that it is a requirement to download the UFC GYM Australia app as part of their entry conditions.

  24. The member acknowledges that if he/she allows their membership card to be used by another person for the purpose of obtaining admission, they will be deemed to have repudiated the Agreement and we may terminate the Agreement with you being liable to pay all monies due under this Agreement, including but not limited to all membership fees payable until the expiry of the Agreement.

  25. In the event of a lost or stolen membership card, you should contact the Club regarding the reissue of a replacement card. A fee of $10 will be charged by the Club to cover the cost of the replacement card.

  26. The member expressly acknowledges that the Club reserves the right to change the nature, format, presentation or number of services and facilities as deemed suitable, including class schedule and equipment. As much warning of any changes as is practicable, will be provided for member's information at the Club/s, social platforms and / or on the website.

  27. Cancellation Procedures - Any request for membership cancellation must be made in person at the Club's premises. A resignation form will need to be completed and authorised by the member. Please also refer to clause 9.

  28. The member accepts the Club reserves the right to incrementally increase all club membership fees on 1 July each year by an amount not more than the increase in the Consumer Price Index plus 2%, at its sole discretion. All membership fees may be recovered from your nominated credit / debit account (as provided from time to time). Any fees charged to us because of a rejection when collecting your due membership fees may be charged directly to you by us.

  29. Collections - UFC GYM and the Club have an arrangement with a third party provider and as such we are obliged to manage accounts in a professional manner and reserve the rights to refer overdue amounts to collections. In the event of payment default the member will be liable to UFC GYM and the Club for all outstanding monies due on the entire balance of the membership contract and will be liable to pay UFC GYM and the Club debt recovery expenses and legal costs.

  30. If a membership fee payment remains outstanding, you agree that, unless we are in breach of our obligations under the Agreement, we may continue to debit the nominated credit / debit account for the total amount due without notice to you.

  31. The fee structure for membership payment is as follows:
    1. Weekly membership fees are payable in advance.

    2. For multiple memberships, the primary member will be responsible for the payment of the membership fees for all associated Memberships.

    3. If you fail to pay the membership fees by the due date, the Club reserves the right to refuse entry to any Club facilities until such outstanding payment is received.

  32. The member's rights will be automatically suspended if the member is in default by not meeting his/her required membership payments under this Agreement. If any instalment or fees are not paid on the due date, and remain in arrears, then the full balance of the membership may become immediately payable upon demand.

  33. Pre-paid membership - All pre-paid memberships are non-refundable and non-transferable.

  34. The member may not transfer his/her rights under this Agreement without the Club's consent. The Club may allow the member transfer his/her Agreement to a third party who is not a current Club member or recent Club member within the last three (3) months. Upon approval from management and completion of the Club membership transfer form, the balance of the minimum term and all rights under this agreement including all financial requirements are then the responsibility of the new member listed as the person taking over the membership. (Note the transfer is not valid unless an administration fee is paid on or before the time of request).

  35. UFC GYM and the Club may assign its rights and obligations under this Agreement at any time without the member's prior consent. In the event the member uses the facilities of another UFC Gym club, other than the Club, or the member's membership is assigned to another UFC Gym club in accordance with UFC Gym procedures, the member agrees that such other club will have the benefit of all the member's obligations, including all indemnities, un der this agreement as though such other club was a party to this agreement.

  36. The member (or a guardian of a member under the age of 18) warrants as fundamental condition of this Agreement, that the participating member is:
    • medically able to participate in physical exercise and has the ability to use the gym facilities and train in a class environment
    • is not aware of having or had 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.

  37. The member acknowledges that UFC GYM and the Club offer no warranty that the programs, advice or facilities available to the member are approved by any medical or other authority.

  38. The member (or guardian of a member under the age of 18) warrants, indemnifies and releases UFC GYM, the Club and their employees, agents and contractors, from any claim:
    • which may, 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 sessions or programs, or by acceptance of advice, or during the use of the Club's facilities;
    • for personal injury sustained by the member while within on or about the health club/gym facilities; or which UFC GYM may suffer or incur, to the extent the loss arose or the expense arose due to the failure by the member to observe its obligations under this Agreement.

  39. To the extent permitted by law, and with the exception of personal injury or death claims, UFC GYM and the Club exclude all liability, loss, damage, costs and expenses incurred by the member. UFC GYM's and the Club's liability under this Agreement is limited to the total cost of the member's membership fees in the preceding 12 months.

  40. Members shall have the legal capacity to enter in to this Agreement (i.e. be greater than 18 years of age). If the member is under 18 years of age, he/she represents that he/she has obtained the consent of his/her guardian prior to entering in to this Agreement, and that the signature of the Parent / Guardian contained herein, is that of the member's Parent / Guardian.

  41. The member (or guardian of a member under the age of 18) accepts that with any physical activity, there is a risk of either minor or major accidents, illness, sickness, injury or death occurring. The member (or guardian of a member under the age of 18) acknowledges that the member uses the Club's facilities at his/her own risk.

  42. Except as prevented by fires, war, strikes, government regulations or similar causes, UFC GYM will during the membership period maintain the hours of opening and in the event that the health club facilities regularly used by the member are closed for any reason, the member agrees to accept similar substitute facilities within the UFC Gym network within a reasonable distance from the Club's facilities.

  43. Despite any other provision in this Agreement, the Club reserve the right to cancel this Agreement at any time by notice in writing. The Club may determine in its discretion, acting reasonably, to provide the member with a refund of any moneys paid and attributable to the remaining membership period after that cancellation.

  44. This Agreement itself does not confer upon the member any interests in any assets of the Club, the manager or any right to participate in the management of the Club, its premises and the Club's facilities or in the profits or assets of the Club and the manager.

  45. Contractors and franchisees may provide services at the Club's facilities ("Contractors"). Fees for such services are paid directly to the Contractors (these may include, but are not limited to Personal Trainers and Instructors). We take no responsibility for the fees paid to these Contractors. Any claim which you might have as a result of an act or failure to act by 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 UFC GYM or the Club. 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 a Contractor.

  46. Club management has the right to amend the Rules and fitness services provided at any time without notice.

  47. If you have prepaid upfront for a particular term, this Agreement will terminate automatically upon expiry of such prepaid term. Except as provided in this Agreement all monies are non-refundable.

  48. The member/guardian acknowledges that whilst on the Club's premises their child / children are within the facility at the member/guardians' own risk and will not hold UFC GYM or the Club liable.

  49. The member acknowledges that any hot/cold beverages or food consumed, spilt, knocked, bumped is at the members own risk and will not hold UFC GYM or the Club liable for any injuries or sickness that is suffered by a member or guest, including but not limited to burns and cuts.

  50. Upon turning 18 years of age a kids/youth member will automatically have his or her weekly membership payment adjusted to the Ultimate Membership Weekly rate for the remaining balance of his or her minimum term. We will provide you with these rates upon request.

  51. Our child-minding facilities provide parents the necessary time and flexibility to utilise all services that the Club has to offer. Our supervised child-minding area allows children to enjoy their time in a fun and safe environment. Child minding is available for children 6 months -13 years in line with the times outlined on the schedule. Bookings are limited and essential. If child minding services are offered at the Club's premises, parents/guardians must sign the appropriate sign-in sheet and agree to the Terms and Conditions of Child Minding Services.

  52. You agree not to hold UFC GYM or the Club liable for any damage, loss or theft to property on the premises including but not limited to in lockers or in the carpark. UFC GYM and the Club do not act as a bailee of the member's property.

  53. If UFC GYM or the Club decide not to enforce our rights against you due to your breach of this Agreement at any time, it does not mean that they waive their right to do so.

  54. Any renewal/extension of this Agreement is undertaken with the understanding that the Agreement may change at the option of the Club. If a variation to this Agreement is made, the Club will notify you in writing and the updated Agreement will apply after the minimum weekly term expires, unless you notify us in writing, within 7 days of being provided with the updated Agreement, that you wish to terminate the Agreement.

  55. UFC GYM's and MSA's agree to the terms and conditions of this agreement by them undertaking actions in accordance with the agreement.