TERMS AND CONDITIONS

These terms and conditions are subject to change. More details can be found on our website at www.powerfederation.com

1. Plain terms
These Terms use fairly plain language, so we want to make sure that some of the words and concepts used are easily understood. For instance, we have included clause headings as a guide but these do not form part of this agreement. Certain recurring words are defined in the details and elsewhere in this agreement and other forms of those words have equivalent meaning.


2. Cooling off 
If you change your mind shortly after applying for membership, you may have an opportunity to cancel. You will need to let us know in writing within 48 hours for it to be effective. We will charge the joining fee and fair amounts for fitness services we have already rendered, but will otherwise refund you any other amounts you are entitled to by law, and which you have paid to us within 2 days. If you wish to end your membership otherwise, different terms apply as set out in these Terms.
If we make a mistake in completing any details on your membership form, we can fix the mistake after the date of your membership form. We will contact you regarding the matter if we need any further information.
It is your responsibility to read and understand our full terms and conditions, and by continuing ahead with the membership agreement, you agree that you accept all of our terms and conditions, our privacy policy and you also agree that you will abide by all of our rules included in these terms and conditions.
3.Safety first!
The health and safety of members is very important to us. This clause sets out some of the things we require of you to help achieve that objective.
(a) Your physical condition
A safe and effective exercise program is dependent upon accurate health and fitness profiling. It is therefore essential that you tell us in writing all relevant personal health and fitness information both before (through our pre-exercise questionnaire or otherwise) and during the course of any exercise program or other activity. 
You promise that information you disclose to us will be true and accurate and not misleading in any way. You must not attend and use the facilities and services whilst you are suffering from any illness, disease, injury or other condition that could present a risk to the health or safety of other members and guests or yourself.
If you happen to use the facilities and services before disclosing relevant health information to us, you promise that you are in good physical condition and you do not know of any reason why you may not be able to exercise safely. If you feel unsure that you can make this promise, we ask that you immediately cease use of the facilities, services, and equipment and see a staff member.

(b) Proper use of equipment
We will provide you with a detailed induction session with a staff member before using the facilities and services which you must attend before use. In any case, you promise to take care when using the facilities and services and make sure that you use the facilities and services including equipment appropriately and safely. If you are ever not sure how to operate any equipment properly, please ask a staff member before you use it. 

(c) Rules of good behavior 
We display rules that apply to everyone using the facilities and services in order to promote health and safety, protection of property and a comfortable environment for everyone (our Rules). 
You can find our rules on our website under our terms and conditions. We ask that you familiarize yourself with these Please make sure that you read our Rules carefully and ask us if there is anything you are not sure about. 
We may occasionally update our Rules to further promote health and safety or to make other improvements. We expect you to keep familiar with the current version of our Rules by reading our website, social media, and signage on a regular basis.
If you break our Rules, the response we take will be in our absolute discretion and we will try to exercise this right fairly by giving you a warning if we consider the failure is less serious. 
In this regard however you acknowledge that health and safety of all users and protection of property is very important. Accordingly, if we reasonably consider the failure to follow our Rules is serious or persistent we may suspend or even cancel your membership with immediate effect.

(d) We can refuse you entry
We can refuse you entry to the facilities and services or cancel your membership immediately if you behave in a way that is seriously risky or inappropriate, such as if you threaten or harass others, deliberately or recklessly damage equipment or facilities or if you use or distribute illegal or performance-enhancing drugs.

(e) Please follow our directions
You agree to follow any reasonable direction of a member of our staff relating to health and safety or any other matter.


4. We take your privacy seriously 

(a) Our privacy policy
From when you apply for membership we will have access to personal information about you, such as information relating to your health and finances. We will protect this information and only use, disclose or deal with this information in accordance with our Privacy Policy. The latest version of the Privacy Policy will be available on our website.

(b) Video monitoring
We may use video monitoring in our facilities for health, safety and security reasons. If you have any queries in relation to the use of monitors operating in and around our facilities please contact us.

(c) Please keep your contact details up to date
You promise to tell us promptly if you change your address, phone number, email, bank account, credit card information for payment or if there is a change to any other personal information relevant to your membership with us. This includes any matters that affect the health or safety of you or others. 

5. What you get when you join 
From the Start Date, you are entitled to the membership benefits and use of the facilities and services that apply to the Membership Type you selected. 

6. When can you put your membership on hold?
You may temporarily suspend your membership for travel or medical reasons if all amounts payable for your membership are paid up to date and, if your membership is for a Fixed Term, and it has more than two weeks left to run.
You will need to produce satisfactory supporting documentation when you apply for a suspension. You must apply for a suspension as soon as possible after you become aware of the relevant circumstances. 
We are entitled to charge you the suspension fee for processing your application. 

In any 12 month period, we are not obliged to suspend your membership on more than two occasions or for more than three months in total. While your membership is suspended, the term will be extended and we will freeze any direct debit payments that fall within the suspension period.

7. Ending your membership 

To cancel your membership, you will need to come to the reception desk and fill out a cancellation form. If you are unable to come to our reception to cancel your membership due to a severe medical reason, you may be able to email us. To find out, contact our office and we can discuss it.



7.1 On or after Expiry of the Minimum Term 

Regardless of which membership you are under, whether special/promotional or regular, we may notify you prior to the expiration date to give you an opportunity to renew your membership. 
If you do not renew your membership, on the expiration date at 7:00 pm, your membership will expire and you will no longer be able to use the facilities, equipment, etc. 
When you renew your membership, it will be a brand-new agreement which may be different in content and any fees to your previous agreement.

Any special/promotional memberships and its benefits will end when your membership term expires. If you renew your membership under these circumstances, it will be a brand new agreement which may contain different terms and fees to your original membership., which will be your responsibility to ensure that you are familiar with this information.

Any unpaid fees will need to be paid by you and in addition to our other rights, we may have including our taking action to recover the outstanding payments. 


7.2 Other ways that you can end your Membership
You can also cancel your membership where: 
(When no cancellation fee will apply)
• we don't keep our end of the deal (please see paragraph (a) below);
• you become subject to medical incapacity (please see paragraph (b) below); 
• we make changes to this agreement that adversely affect you (please see clause 12);
• you otherwise become entitled to do so under consumer legislation;

(When a cancellation fee may apply)
• you relocate or simply wish to cancel for any other reason (please see paragraph (c) below); or

(a) If we don't keep our end of the deal
You can cancel your membership by written notice to us if we breach any of our obligations under this agreement and we have not remedied that breach within a reasonable time(At least 30 business days) after you have given us a written request that we do so. 
No fees will be applicable for canceling in accordance with this clause apart from, to the extent not impacted by our breach, the joining fee, membership fees for the time you have been a member and any outstanding fees for other services already supplied to you.

(b) You can cancel for medical reasons
You can end your membership by telling us in writing if you cannot exercise for the remainder of Minimum Term due to a severe illness or a severe physical incapacity and you produce supporting documentation to our reasonable satisfaction. 
In that event, you will only be charged the joining fee, membership fees for the time you have been a member and any outstanding fees for other services already supplied to you. 

(c) If your membership is no longer convenient 
Otherwise, you can end your membership during the Minimum Term with immediate effect at any time by simply telling us in writing. We will provide you with a form that will need to be filled out and returned to us. Please note that the membership may only be canceled once we receive this form.
Please note we will consider any request to transfer your membership and may agree to the transfer at our reasonable choosing subject to satisfaction of reasonable eligibility conditions and your payment of the transfer fee. We will never charge you a cancellation fee if we agree on a transfer to someone who is not currently a member and they have paid our standard joining fee. 
In any case, if your membership ends under this paragraph (c), you will be liable for the joining fee, membership fees for the time you were a member, any outstanding fees for other services already supplied to you and, except as mentioned above, the cancellation fee. 
The transfer does not apply to special/promotional memberships and other specials, promotions and sales memberships we may run.

7.3 When can we end your membership?
In addition to our other rights under this agreement, we can terminate your membership by written notice to you if you fail to act in accordance with any obligation under this agreement and if capable of remedy you do not remedy the failure within a reasonable time of us giving you either a verbal or a written notice requiring you do so. 
If we consider your behavior to be unacceptable or threatening to staff or other members in any way according to our discretion, we may terminate your membership immediately without any written notice to you.
If we cancel this agreement under this paragraph you will be liable for the joining fee, membership fees for the time you were a member, the cancellation fee and any other fees payable for further fitness services already supplied. 
We may cancel a membership by notice to the member without the need to give a reason. If we cancel your membership under this paragraph, you will be liable for the above-mentioned fees.
You agree that there will be no entitlement to compensation of the cancellation of your membership under this or any other paragraph in your agreement.

8. Fees you have to pay for your membership
The fees you have to pay are specified in the details. This clause sets out some further rights and obligations that apply in relation to particular fees. 
If you fail to make any payment when due, we can suspend your membership and refuse you access to the facilities and services until all outstanding amounts have been paid in addition to our other rights under these Terms. 
Fees and charges may continue to accrue during the suspension and any fees and charges we accrue due to this suspension will be passed onto you along with what you owe for your membership.

(a) Joining Fee
We may charge you a joining fee to cover the setup costs for a new membership. The joining fee is not refundable under any circumstances.

(b) Membership fees 
If your membership is for a Fixed Term you can pay your membership fees upfront when you submit the membership form. 
If your membership is Ongoing, membership fees must be paid periodically in advance by direct debit, until your membership ends. 

(c) Cancellation fee
The cancellation fee based on a payout figure equal to the membership fees that you would have paid for the remainder of the Minimum Term as at the cancellation date. The cancellation fee will be on top of the amount you have not paid up to the cancellation date.

(d) Fee Increases
We will not increase the membership fees during the Minimum Term. However, we may increase your membership fees or any other fees with effect any time after that. 
We will make a fair effort to tell you at least 14 days before by writing to you at the last address you gave us (which may be an email address). 
Where we have done so, you authorise us to increase any debits from your nominated account in line with this increase. We may also use this right to vary the terms of any special offer which applies to you.

(e) Refunds and the Credit Code
We are entitled to deduct all fees and charges that you must pay under this agreement from any refund we give you. The National Credit Code does not apply to this agreement.

 

(f) Forced Hold on Membership
If we are forced to put your membership on hold due to unpaid fees or any other reason we deem unreasonable, you may incur an administration fee.

 

(g) A further copy of your contract or any other paperwork

You will be either given a physical copy of your signed membership contract or you may be sent a copy of your signed membership contract to your email upon signup. If you require a second or any further copies of your contract or your paperwork, you may incur an administration fee of $99.00.


9. When you pay by direct debit

(a) Authorisation to deduct fees
By nominating a credit or debit account, you are authorising us to deduct from that account all fees and other charges for which you may be responsible under this agreement. Accordingly, it is essential that you keep your account details up to date. 

(b) If your payment is late or rejected 
You are responsible for making sure that there is enough money in your nominated account on the usual payment day or the next working day if that falls on a day when banks do not process payments.
Any fees charged to us because of a rejection when we attempt to collect payments from you may be charged directly to you by us (or by the Direct Debit Provider). Please read Direct Debit Provider's Terms and Conditions carefully).
If a payment remains outstanding, you agree that, unless we are in breach of our obligations under these Terms, we (or the Direct Debit Provider) may continue to debit the nominated account for the total amount due without notice to you. If the amount owing is more than one periodic membership fee we will place a hold on your membership until the payment is received in full.
If your membership is placed on hold, you will not be able to access the facility or use any of your membership benefits.

(c) Direct debits
If you choose to pay fees by direct debit, then this will be through the Direct Debit Provider named in the details. The Direct Debit Provider may be us (if we are authorised) or a third party provider who is not a party to this agreement and whose only role is to provide direct debit services. 
The direct debit provider will have their own terms and conditions that apply to the direct debit services they provide to you. Those terms and conditions are entirely separate to this agreement and you may have obligations under those terms and conditions which are in turn separate from us.
As such, the Direct Debit Provider acting in its capacity as such has no liability to you in connection with your involvement in exercise activities under this agreement. 


10. Issues with outside providers 
We will seek to make sure those franchisees, contractors and other authorised persons who provide services at the facilities (outside providers) are appropriately qualified before granting them access. Examples of outside providers include coaches, physiotherapists, masseurs, and personal trainers and others who may offer additional services from the facilities that are not included with your Membership Type. 
Please note that outside providers are neither employed by us nor are they our agents, even if they happen to be wearing clothes displaying our name and logo. As such, we are not responsible for any liabilities they may incur. 

All services sessions must be booked in at the reception desk or on our website at www.powerfederation.com and not through the service providers on the gym floor. If you do not book your session in and pay for it at the reception desk, we may charge you for your session, even if you have already paid the service provider.
Also, it is important to remember that regardless of whether outside providers or employees of the gym, all payments will go through the Power Federation which will be organised at the reception desk. 
This is important because we are not liable for any injury, loss or other claims arising from breach of contract, negligence or otherwise that are suffered by you in connection with any outside provider services, other than to the extent caused by our negligence. In addition, you release us and hold us harmless in relation to any such claims. We have no responsibility in respect of the fees that you must pay directly to outside providers nor for any associated costs, refunds and/or penalties.
However, please advise us if you have a problem with an outside provider and we will try to help if we can. 

11. Other services
There may be other services offered at the facilities that do not form part of your Membership Type but are available for you to purchase separately. These are not part of the services provided under your membership and you will be advised at the time if any additional terms apply to these services. 


12. Changes to your membership agreement
We may need to make changes to this agreement including our Terms and Conditions and any Rules during your membership. 
However, we will always try to do this in a way that is fair by giving you an opportunity to cancel your membership if you do not agree to the change as described in this clause below. 
We will tell you in writing through email of the proposed change in advance and tell you the date that it will come into effect. This effective date will be at least 14 days from the date of our notification unless it is impractical for us to do so. If the 14 days from our notification to you has passed and you have not raised an objection in writing to us, we will take this silence as your agreement to the proposed changes.
Your membership will be amended with effect from the effective date. If however, you are adversely affected by the change, you may cancel your membership without payment of a cancellation fee by telling us in writing before that date. Please note you cannot cancel under this clause if we are required to make the change in order to comply with a law or any direction of a competent authority. 


13. Our liability to you

(a) Statutory guarantees
ACL: The Australian Consumer Law (ACL) contained in the Competition and Consumer Act 2010 (Cth) (CCA) provides certain guarantees in sections 60 to 62 (statutory guarantees) which generally require that services supplied to you:
• are rendered with due care and skill, 
• are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier and might reasonably be expected to achieve any result you have made known to the supplier and
• are supplied within a reasonable time (when no time is set). 
Permitted exclusion: However, the CCA permits a supplier of recreational services to ask you to accept some limitations on those statutory guarantees. Accordingly, to the extent permitted by section 139A of the CCA, you acknowledge and agree that we exclude all liability to you for death or injury resulting from a failure by us to comply with any statutory guarantee. 
In the previous sentence, "injury" means:
• physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); 
• the contraction, aggravation or acceleration of a disease; or
• the coming into existence, the aggravation, acceleration or recurrence of any condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to you that is or may be harmful or disadvantageous to you or the community, or that may result in harm or disadvantage to you or the community.


(b) State based notices
Please refer to the ACL Exclusions which contains complementary information about the statutory guarantees and the limitations that we are allowed to place on them. These are without prejudice to the limitations contained in this clause. You will find them on www.consumerlaw.gov.au

(c) General exclusions 
Please note that nothing in this agreement excludes, restricts or modifies any term, condition, warranty, guarantee, right or remedy (including under a statutory guarantee) which cannot lawfully be excluded, restricted or modified. 
Otherwise, and except as expressly included in this agreement, all implied terms, conditions, warranties, rights or other additional obligations that can be lawfully excluded are excluded from this agreement. In particular, but subject to the preceding paragraph, we are not liable for:
• negligence; or 
• breach of terms implied that services will be provided with reasonable care and skill,
at common law that in either case results in your death or injury (as defined in paragraph (a) above) in connection with or under this agreement.


(d) Loss of property
You promise that you will not unnecessarily bring valuables into the facilities and that if lockers or other storage facilities are available you will not use them to store any valuable property that you bring with you. 
If we provide secure storage lockers or any other storage facilities, then this is part of our service to you. However, we are not responsible if someone breaks into your locker and takes your property, other than to the extent we have not complied with our obligations in respect of this service under a statutory guarantee. 
Other than as described above, maintaining the security of unattended property in the facility is not part of the service we provide under this agreement. Accordingly, if you leave your property unattended in the facilities, we will not be responsible for any loss or damage to your property that occurs. 
If there are no lockers available, you need to be aware that as described above, we do not maintain the security of unattended property in the facility as it is not part of the service we provide to you, therefore, we are not responsible for any loss or damage to your property as this will be solely your own responsibility. 
You also need to make sure that you do not leave your belongings on the gym floor, as it may cause injury or death to other members, which you will be liable for.
Any belongings left on the gym floor may be disposed of by the gym staff.

14. Your responsibility for damage 
You agree to pay for any damage to the facilities caused by you or your guests through a willful act or negligence.

15. General legal guff


(a) Unexpected events
We are not liable if you cannot use your membership due to anything beyond our reasonable control.
We are entitled to make part or all of the facilities unavailable for up to three weeks during each calendar year to undertake maintenance, repairs or improvements. 
(b) Our logo and intellectual property
No rights in relation to our logo, trademarks or any other intellectual property rights associated with our business, techniques, exercise programs or classes are granted to you under this agreement, except that any exercise program created for you may be used while you are a member for the purpose of your exercise activities only. 
(c) Transferring this agreement
We can transfer the rights or benefit under this agreement or sub-contract our obligations under this agreement to a third party at any time without notice to you but in doing so we will make sure that the transferee agrees to honor the terms of your membership. 

(d) Severability and waiver
If a court finds that any part of any term of this agreement is or becomes illegal, void or unenforceable, that part is deleted and this does not invalidate the rest of this agreement. If we do not enforce our rights under this agreement at any time, it does not mean that we may not do so on future occasions.

(e) Applicable law
The law of the State/Territory specified in the details applies to this agreement. 

16. Tail-gating

(a) Every member must scan their own card/tag before entry to the premises. If you forget your access card/tag, you must sign in at the reception and if the reception is closed, you cannot enter the premises.

(b) If you lose your access card/tag, you will be charged a replacement fee.

(c) If you let another person into the facility using your access card/tag, whether a member or not, you will be subject to disciplinary action and will be held financially responsible. If this occurs, you may lose your 24-hour access privileges and we may charge you up to $400 for each person(s) you allow to enter the facilities, and at each occurrence. 

17. Gym Rules

The Gym Rules outlined below are essential and form part of this membership contract. 

GYM RULES
-TO ENSURE A COMFORTABLE ATMOSPHERE FOR EVERYONE, THERE ARE SOME RULES THAT NEED TO BE FOLLOWED. 
-VIOLATION OF ANY OF THESE RULES MAY CAUSE TERMINATION OF YOUR MEMBERSHIP.
GUESTS, VISITORS, AND MEMBERS MUST ALL ADHERE TO THESE RULES AND GYM POLICIES.
-ONLY USE THE equipment if you are in a proper health condition to do so. 
Consult a physician before beginning any exercise program.

1. Food, beverage, gum, and glass items are prohibited on the gym floor. You will have designated areas for this.
2. Wear appropriate gym dress including clean clothing. Wear closed toe athletic closed in shoes (no sandals, thongs or marking shoes). To prevent loss, damage or personal injury, do not wear jewellery during workouts.
3. Scheduled events have priority on the gym floor. Adequate notice will be provided.
4. You use the facility at your own risk based on your own informed decision. We are not responsible for any injuries, lost, stolen or damaged property.
5. Lockers are to be used only while you are in the gym. Any contents in the occupy lockers will be emptied overnight.
6. Report all losses, injuries, and any damaged or faulty equipment immediately to management and do not use. If we are in need of janitorial services, please let us know.
7. Anyone found defacing or damaging any parts of the gym premises or equipment is subject to disciplinary action and will be held financially responsible.
8. Every member must scan card before entry. If you forget your access card/tag, you must sign in at the reception. If you lose your access card/tag, you will be charged a replacement fee. If you let another person into the facility using your access card/tag, whether a member or not, you will be subject to disciplinary action and will be held financially responsible.
9. Do not bench press without a spotter. No exceptions! If you have no spotter, ask a trainer. Use lifting safety gear where appropriate. Do not lift more than you can handle.
10. Use equipment properly according to the manufacturer's instructions and warnings on equipment and follow directions carefully as instructed by signage and the staff. Use proper technique and know your body's limits to avoid injury. Technique, technique, technique!! Do not lean on the equipment and keep your hands away from any moving parts.
11. No smoking anywhere on the premises including the car park. This includes e-cigarettes.
12. Always be courteous, respectful and mindful of others. No horseplay! No verbal fighting! Physical fights will be referred to the police regardless of fault and how minor.
13. Return all equipment to its place and wipe down machines after use. Do not drop weights. No towel, no workouts, no exceptions! You can buy a towel at the reception desk.
14. No dumbbells in the squat rack area and no weights in the upstairs stretching area. No exceptions!
15. No camping. Use one machine or piece of equipment at a time.
16. Keep your bag and equipment out of the way of others and do not use any portable loud speakers.
17. No mobile talk in the gym area or mobile use while on gym equipment.
18. No freelance personal training. We have experienced coaches/Trainers, who know what they are talking about and it's their job to inform, instruct, and coach technique. While support is great, leave the technical advice to them. If you do not know, ask a coach/trainer.
19. No Chalk on the gym floor!
20. Using the facility after hours, is at your own risk. We have provided extra measures to try and alleviate any risks, which you must follow. When using the facility after hours, you must wear an emergency tag which is provided next to the 24hour entrance door and the first aid kit. It is advisable that you train after hours with another member for safety purposes. This is especially important if you are lifting weights and should have a spotter.
21. Although the car park is lit and there are cameras, always be mindful and safe when entering/leaving the premises or going to and from your vehicle. Power Federation will not be held responsible for any incidents that occur. Please make sure that the gym door closes behind you when you enter or leave, for safety purposes.