Facility: Shop 1/109-113 George St, Parramatta NSW 2150
The undersigned (“Member”) desires to become a member of Menzies Health Club (PTHC1 PTY LTD.
ABN: (3769512248) and agrees to the following terms and conditions:
1. ADULT PRE-EXERCISE SCREENING: Member represents and warrants that all facts stated in the Adult Pre-Exercise Screening submitted by Member are true and correct. The Adult Pre-Exercise Screening is incorporated herein by reference and made a part of this Agreement.
2. PAYMENT OF MEMBERSHIP FEES: All payments to Menzies Health Club are final and are made via Direct Debit on a weekly or fortnightly basis. All payments are final and no refunds will be processed for any reason.
3. TRIAL PERIOD: Member understands that Menzies Health Club has 2 Trial Period types.
a. PERSONAL TRAINING TRIAL PERIOD. Member agrees to Personal Training Trial Period. Period will vary from time to tome. Member has the right to cancel their Personal Training before the Trial period ends and will not be required to pay any further Personal Training fees. If Member fails to cancel before the Trial Period ends, Member agrees to joining a rolling agreement. Member understands that the Personal Training Trial Period can not be paused or deferred for any reason. Member understands that they must complete a Personal Training Cancelation Form in the Studio before the end of their Trial Period to avoid paying any further personal training fees.
b. MEMBERSHIP TRIAL PERIOD. Member understands that a membership trial period is offered to any new customers starting a Personal Training Trial Period. Membership Trial Periods vary and may be offered at no cost from time to time.
4. DIRECT DEBIT: Member represents and warrants that all details submitted in the Direct Debit Request submitted by Member are true and correct. The Direct Debit Request is incorporated herein by reference and made a part of this Agreement.
5. MEMBERSHIP TERM. Menzies Health Club offers a six (6) month membership, a twelve (12) month membership and a Month-to-Month membership. Payments for these memberships can be paid upfront or on a weekly basis and may be subject to price change from time to time. Menzies Health Club also offers a Month-to-Month membership which is paid on a weekly basis and may be cancelled with Four (4) weeks written notice. No exit fees apply to Month-to-Month memberships. Payments are due on Wednesday of every week, in advance. Direct Debits will not be cancelled without Four (4) weeks written notice. Early exits for 6 and 12 month memberships will also incur a $150 exit fee. Written notice must be given by completing a Membership Cancelation Form in the Studio. No refunds are applicable for any reason.
6. PERSONAL TRAINING TERM: All personal training packages at Menzies Health Club are for a minimum of TWELVE (12) weeks with automatic renewal unless otherwise requested by the member. Payments are due in advance on a weekly or fortnightly basis. Direct Debits will not be cancelled without FOUR (4) weeks written notice after the minimum term has been completed. Written notice must be given by completing a Personal Training Cancelation Form in the Studio. No refunds are applicable for any reason.
a. MEMBERSHIP CHANGE. Memberships can only be changed after the minimum term of TWELVE (12) weeks has been completed. After TWELVE (12) weeks member must give FOUR (4) weeks written notice to request a membership change. After a membership change has been approved, member must complete a minimum of EIGHT (8) weeks before any membership change or cancelation requests can be submitted. All changes are subject to approval and a Membership Change Form must be completed in the club to request any changes.
7. MEMBERSHIP HOLD: Member has the ability to place Membership on hold for a maximum period of 4 weeks in any calendar year. A Membership Hold Form must be submitted in the Studio at least 14 days prior to the planned hold date. Membership Holds do not apply to Trial Memberships. Memberships must be placed on hold from a MONDAY.
8. PERSONAL TRAINING HOLD: Member has the ability to place Membership on hold for a maximum period of 4 weeks in any calendar year. A Membership Hold Form must be submitted in the Studio at least 14 days prior to the planned hold date. Membership Holds do not apply to Trial Memberships. Memberships must be placed on hold from a MONDAY.
9. DEFAULT/REMEDIES: Any failed payments will automatically re-debit in 3 days with a failed payment fee which is incurred by our Direct Debit system and may increase from time to time. The amount will vary depending on the failed payment amount. An additional Fee of $10 on top of the Direct Debit fee will be added for all failed payments. Member understands that they will be unable to enter Menzies Health Club if they have not paid Membership Fees. All personal training will be on hold until the account is paid. If Membership Fees are not recovered Menzies Health Club will make THREE (3) attempts via phone and THREE (3) attempts via email to contact member. If payment cannot be recovered, the member will default and be referred to Debt Collection at the members expense.
10. FACILITY AND HOURS OF OPERATION: The Facility is a staffed fitness club and, with the exception of any closures for maintenance or any mandatory shutdowns by property management or any governmental authority, is staffed Monday – Friday 05:00 – 12:00 & 16:00 – 20:30 and Saturday 08:00 – 13:00 (by appointment only) given that a staff member is present. Weekend appointments must be scheduled in advance.
11. PERSONAL TRAINING: Menzies Health Club is offer personal training at the facility. Personal training terms are as follows:
a. Personal training sessions that are not rescheduled or cancelled 24 hours in advance will result in forfeiture of the session and a loss of the financial investment at the rate of one session. Member must call (02) 8677 4171 within studio opening hours to reschedule.
b. Members arriving late will receive the remaining scheduled session time, unless other arrangements have been previously made with the trainer.
c. The expiration policy requires completion of all introductory Menzies Health Club sessions within 21 days from the date of purchase. Personal training sessions are void after this time period.
d. No personal training refunds will be issued for any reason, including but not limited to relocation, illness and unused sessions.
e. Payment is required prior to the commencement of each session.
f. All payments are taken via our direct debit system. No cash payments will be processed.
12. FACILITY ACCESS: Facility access is limited to members who have purchased a program inclusive of Facility Access. If Member is using the Facility outside of Personal Training Sessions, Member must show respect and avoid interfering with any Personal Training Sessions.
13. FOOD AND DRINKS: Member acknowledges that food and drinks are provided by Menzies Health Club for Members convenience. Food and drinks must be paid for before consumption. All complaints will be passed on directly to Management for rectification. Menzies Health Club is not liable for supplying a refund but may do so at the discretion of the manager. Prices of food and drinks may change from time-to-time with no notice at the discretion of Menzies Health Club.
14. RELEASE AND WAIVER OF LIABILITY: Member recognises that there are hazards and risks connected with physical fitness training. These risks include, but are not limited to, abnormal blood pressure, fainting, heart disorders and heart attack, dehydration, heat exhaustion, sprains, muscle strain, blisters, stress fracture, shin splints, tendonitis, cartilage tears, bursitis, back pain and bruising of joints. Exercise beyond one’s physical limits and/or accidents involving exercise equipment may result in serious injury or even death. Member agrees to defend, indemnify and hold harmless Menzies Health Club against any loss, damage or expense incurred by reason of any claim or liability based upon of Member. Member further agrees to release Menzies Health Club and its owners, officer, agents, employees and/or affiliates from any and all liability arising out of injury to Member, and further agrees to defend, indemnify and hold Menzies Health Club, its owners, officers, employees and/or affiliates free and harmless from against the same. Member acknowledges that surveillance cameras are in use for the protection of the Facility, its equipment and its members. Member hereby consents to being photographed and/or recorded for such purposes.
15. RULES AND REGULATIONS: Member acknowledges that Menzies Health Club operates under rules and regulations established for the safety and protection of its members, and agrees to be bound by such rules and regulations, as well by the rules and regulations subsequently approved and posted or otherwise published by Menzies Health Club. Such rules and regulations in effect from time to time are incorporated into this Agreement by reference. Facilities, equipment, hours, service, regulations and policies are subject to change from time to time, without prior notice, in the sole discretion of Menzies Health Club. Member agrees to accept such reasonable change(s) as a condition of membership. Member additionally recognises:
a. Under no circumstances shall Member move exercise equipment or use the equipment in any manner not authorised by Menzies Health Club. b. All equipment shall be wiped down by Member/trainers after each use, with the supplies provided by Menzies Health Club. c. This membership is for Member, and Member only, and Member will not give access to another individual.
d. Member will not misuse the equipment. e. Member must be at least eighteen (18) years of age, unless otherwise authorised by Menzies Health Club or a consenting adult. f. Members shall conduct themselves in a quiet, well-mannered fashion so as not to cause any disturbance which may interfere with the use and enjoyment of the Facility by any other member. Profanity or indecent language and/or behaviour will not be tolerated. Any conduct deemed by Menzies Health Club, in its sole discretion, to be offensive, potentially harmful, dangerous or abusive will not be tolerated, and shall be grounds for termination of Member’s membership by Menzies Health Club. Menzies Health Club shall not be responsible for any lost or stolen items. h. Member should not occupy any equipment for an extended period of time. Member should allow others i. waiting to use such equipment to work into their rotation.
j. The climate of the Facility is controlled by Menzies Health Club and is set to provide the optimum exercise environment for the majority of its members. Members shall not change or seek to change any environmental controls and shall never prop open any doors or windows to the Facility for any purpose.
16. PROHIBITED ACTIVITIES: Alcohol, drugs (including steroids), and smoking are prohibited within theFacility. Member agrees not to use the Facility or engage in any activity at Menzies Health Club while under the influence of drugs, alcohol, or medication that may impair Member’s ability to operate the equipment. No weapons of any kind are allowed. No photography, videotaping, filming or audio recording is permitted within the Facility without the consent of Menzies Health Clubs management. Menzies Health Club reserves the right, in its sole discretion, to limit the consumption of food or beverages, or to the use of outside equipment within the Facility. Gambling or gaming is prohibited within the Facility or on the premises.
17. DRESS/HYGIENE POLICY: Menzies Health Club requires that members wear appropriate clothing and footwear while in the Facility. Appropriate clothing includes gym shorts, T-shirts, jogging suits, aerobic wear and sweat outfits. Street clothing and jeans are not considered appropriate clothing. Street shoes and black-soled shoes are prohibited within the Facility. Member agrees to have a cloth towel during workouts to protect and clean the equipment after Member’s use. Member understands that they will be prohibited from workout if they do not have a towel. Member agrees to maintain hygiene including clean clothes and application of deodorant while using the facility.
18. COUNTERPARTS: This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement.
19. HEADINGS: The headings in this Agreement are inserted for convenience only and shall not constitute a part of this Agreement.
20. BINDING EFFECT: This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties hereto and their respective successors and assigns.
21. ENTIRE AGREEMENT: This Agreement, including the schedules, lists and other documents referred to in this Agreement which form a part of this Agreement, embody the entire agreement and understanding of the parties with respect to the subject matter contained in this Agreement. There are no restrictions, promises, warranties, covenants or undertakings, other than those set forth or referred to in this Agreement. This Agreement supersedes all prior agreements and understandings between the parties with respect to each subject matter.
22. GOVERNING LAW: This Agreement, and all documents mentioned herein by reference, shall be governed by the laws of the State of New South Wales.
23. FURTHER ASSURANCES. The parties agree to execute such further documents as may be necessary, proper or convenient, for the purpose of fully effectuating the terms and conditions of this Agreement.
24. SUSPENSION AND TERMINATION: Member understands that Menzies Health Club may suspend or terminate membership at any time, in its sole and absolute discretion, for non-payment of Membership Fees or for violation of any of Menzies Health Clubs policies and procedures, and that in so doing, Menzies Health Club assumes no further liability to adhere to the terms of this Agreement.
25. ACCEPTANCE OF TERMS: Member understands that he/she is entitled to use the Facility within the scope of the membership selected, and that he/she is obligated to pay all dues and fees regardless of whether or not he/she uses the Facility. Member agrees to promptly update Menzies Health Club of any change in Members contact information (including address, telephone number or email address) or change in credit information. Member certifies that Member has read the foregoing Membership Agreement, and that by signing below, Member acknowledges that he/she understands and agrees to be bound by all of the terms and conditions hereof. Member further acknowledges that a fully executed copy of this Membership Agreement has been provided to Member. Menzies Health Club is not liable for Member failing to read and understand the Membership Agreement.