Membership Conditions

For members that have signed up before December 2018

 

CONDITIONS OF MEMBERSHIP

 

1. The member is entitled to unrestricted use of and access to UFC GYM facilities subject to the club’s conditions rules, regulations and the terms of this membership agreement (which by signing, the member acknowledges having read and received).

 

2. The member’s rights will be automatically suspended at management’s discretion or 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.

 

3. Non-use of the facilities by the member gives no right to a rebate, cancellation or refund of the membership fee. If UFC GYM remains 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.

 

4. Outside of the UFC GYM 7-day cooling off period, a cancellation fee of $250 is applicable OR 50% of the minimum membership balance (whichever is the lesser amount) in conjunction with all membership payments inside the 30-day written notice period. An injury or medical certificate obtained by the member does not exempt them from the applicable cancellation fee. An injury or medical certificate obtained by the member does not exempt them from the applicable cancellation fee.

 

5. The member accepts UFC GYM reserves the right to incrementally increase all club memberships at any time and is aware that an administration fee is payable at the time of joining.

 

6. The member may not transfer his/her rights under this agreement, however UFC GYM may allow the member transfer his/her agreement to a third party upon the completed UFC GYM 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 is payable on or before the time of request)

 

7. 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:
8. i) medically able to participate in physical exercise and has the ability to use the gym facilities and train in a class environment
9. ii) 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.

 

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

 

9. The member (or guardian of a member under the age of 18) warrants, indemnifies and releases UFC GYM, franchise partner, employees, agents and contractors, from any claim:
    
   1. 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 UFC GYM facilities;
   2. for personal injury sustained by the member while within on or about the health club/gym facilities; or
   3. that the club, franchise partner; any employee, agent or contractor of UFC GYM is negligent.

 

10. 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 and facilities at his/her own risk.

 

11. UFC GYM and the franchise partner do not act as a bailee of the member’s property and therefore will not be liable for loss of or damage to the member’s property.

 

12. The member warrants that he/she, and any guest introduced by or accompanying the member, will obey all rules and regulations and any lawful and reasonable direction of UFC GYM 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 UFC GYM.

 

13. Despite any other provision in this agreement, UFC GYM and/or the franchise partner reserve the right to cancel this agreement at any time by notice in writing, without giving reasons and without compensation. but the member may receive a refund of any moneys paid and attributable to the remaining membership period after that cancellation.

 

14. Except as prevented by fires, war, strikes, government regulations or similar causes, the company 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 a reasonable distance from the health club.

 

15. This agreement itself does not confer upon the member any interests in any assets of the gym/club, the manager or any right to participate in the management of the health club, its premises and the health club facilities or in the profits or assets of the club and the manager.

 

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

 

17. If a member is under 18 years of age, the guardian:
     
    1. consents to the member being a member of the health club:
    2. has read and understands this agreement: and
    3. will use reasonable all endeavours to ensure that the member complies with this agreement.

 

18. In accordance with the Fitness Industry Code of Practice:
    
    
    1. if the membership period is 3 months or more, then the member has a 7- day cooling off period from the assigned date to terminate and must do so in writing
    2. if the member terminates this agreement during the cooling off period, then the member is entitled to a refund of any membership or joining fees (less the reasonable costs for services provided or business administrative processes).

 

19. In this agreement, “member” includes that of guardian if the member is under 18 years old.

 

20. Membership suspension/time stop is available for a minimum of one (1) week and a maximum of four (4) weeks with any 12-month membership term.

                Further extensions will not be granted under any circumstances including but not limited to illness or injury. A $10 per week administration fee applies while on hold. 3-month agreements cannot be placed on suspension/time-stop.

 

21. Failed payment fees apply if your weekly membership payment is rejected for any reason.

 

22. The member consents to and authorises the use and reproduction by UFC GYM and its agents, for the following items relating to the member’s participation in the club’s activities:
    
    
    1. photographs, training results, comments and testimonials both written and recorded on audio and on video, first name and initial, suburb and age.
    2. The member fully understands that the above information may be used for advertising for the club. The member acknowledges that any successor, assignee is not entitled to any compensation now or in the future for any use of the listed items information in condition 22.

 

23. Any renewal/extension of this membership agreement is undertaken with the understanding that mentioned conditions may change at the option of UFC GYMS.

 

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

 

25. 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 liable for any burns, cuts or injuries or sickness that is incurred.

 

26. The member acknowledges that they have the right to make complaints to the Health Services Commissioner under the Human Rights Commissions Act 2005.

 

I, the member, acknowledge that I have read and understood the Conditions of Membership