Terms & Conditions

TERMS AND CONDITIONS

 

Membership Service Agreement

 

1. Term of Membership

1.1. The term of Membership shall be for an indefinite period commencing on the Start Date stipulated in the Membership Agreement (“the Term”).

1.2. The Member’s Membership shall continue and the Member will continue to be charged the Membership Fee monthly in advance until the Member terminates their Membership with not less than 30 days written notice to Foundry Fitness.

1.3 This Agreement is for the delivery of fitness and related services by Foundry Fitness to the Member.

2. Cooling Off Period

2.1. The Member shall have a period of 48 hours commencing at the Cooling Off Period Start time as stipulated in the Membership Agreement and finishing at the Cooling Off Period End time as stipulated in the Membership Agreement (“Cooling off Period”) to terminate this Contract by written notice to Foundry Fitness.

2.2. If the Contract is terminated by the Member within the Cooling off Period, Foundry Fitness will refund all fees charged to the Member except for the costs of any fitness services already supplied by Foundry Fitness prior to date of termination.

2.3. If the Member purports to terminate the Contract after the expiry of the Cooling off Period, in any other method other than as set out in Clause 10, the Member will be subject to the provisions of clause 11.

3. Payment of Fees

3.1. The Member shall pay the Membership Fees and other fees:

a) In the amounts and frequency set out in the Membership Price details in the Membership Agreement;

b) Using the Ezidebit payment method.

3.2. The Member:

a) Must sign an Ezidebit Direct Debit authority in favour of Foundry Fitness from an approved credit card or bank account in the amounts and frequency set out in the Membership Price in the Membership Agreement,

b) Must ensure that the nominated credit card or bank account is able to accept direct debits and have sufficient funds available to pay for on the debit date,

c) acknowledges that the contract that the Member enters into with the direct debit service provider Ezidebit is a separate contract to this Contract and that any problems or issues that the Member has with the direct debit service should be raised with the direct debit service provider, not Foundry Fitness; and

d) must keep the direct debit authority in place until 30 days after the Member has given Foundry Fitness written notice to terminate the Member’s membership; and

e) acknowledges that Foundry Fitness shall continue to debit Membership Fees under the direct debit authority until the Member or Foundry Fitness cancels the direct debit arrangement with the Member’s bank or credit provider.

3.3. If any payment by direct debit is rejected by Foundry Fitness’s bank:

a) Foundry Fitness will notify the Member of this fact;

b) The rejected payments remain due and payable by the Member;

c) An additional fee will be payable for each rejected payment (please speak to management for fee amount), and

d) The Member’s membership benefits will be suspended until such time that the payment has been made.

3.4. If the Member closes the credit card account or bank account which is subject to the direct debit authority, it is the Member’s responsibility to provide Foundry Fitness with a replacement direct debit authority over another approved credit card or bank account. Failure to provide a replacement direct debit authority will constitute a breach of this Contract and the provisions of clause 11 will apply.

3.5. Foundry Fitness reserves the right to increase fees payable by members for the use of its facilities. Foundry Fitness agrees to make reasonable endeavours to provide the member with written notice of the changes at the most current residential or email address provided by the Member. The changes will be effective 30 days from the date of the Notice. After a 30-day period, the member authorises Foundry Fitness and the direct debit company to debit the new amount from the member’s account.

4. Minimum Age

4.1 All members of Foundry Fitness must be a minimum of 16 years of age. All minors must have a parent or legal guardian agree to the terms of this agreement. All minors must attend a gym orientation session with their parent or legal guardian.

5. Membership Benefits

5.1. During the term of the Member’s Membership, the Member shall be entitled to access to the gym and use of the fitness equipment at Foundry Fitness’s premises,

5.2. The Member acknowledges that:

a) The Member’s access to the gym and the fitness equipment is not exclusive;

b) The gym and the fitness equipment must be shared with the other members of Foundry Fitness;

c) Foundry Fitness cannot give any guarantee or warranty that the Member will have access to fitness equipment;

d) Foundry Fitness purchases or leases the equipment from a third party and therefore does not manufacture any of the fitness equipment or other equipment used in the gym, and

e) Opening hours are subject to change without notice;

f) Foundry Fitness may at times be operated as an unstaffed facility.

5.3. The Member acknowledges that Membership does not include access to personal trainers. Services of personal trainers can be obtained via a separate contract with personal trainers who have a rental agreement with Foundry Fitness and any fees payable for these services will be in addition to the fees payable under this Contract.

5.4. The Member acknowledges that at times, Foundry Fitness operates as an unstaffed fitness facility and as such, access to, and the use of the facilities may at times be unsupervised. Members agree to enter and use the facilities entirely at their own risk during supervised and unsupervised times. and agree and covenant that they will engage in safe conduct and proper use of the equipment during supervised and unsupervised times.

5.5. The Member agrees to attend a gym orientation session where they will collect an access pass which will enable them to access the premises 24 hours a day, 7 days a week. A pre-exercise screening questionnaire will be completed by the member and members will be given a tour of the facilities explaining emergency procedures along with club rules.

5.6 The Member warrants to have completed the questionnaire referred to in clause 5.5 truthfully, and without withholding any information that could affect the Member’s personal exercise plans and prescription or otherwise place the Member at risk of injury. Foundry Fitness advises that if any medical conditions are identified in the health questionnaire, that the member should seek advice from their Doctor before using the fitness facility.

5.7 The Member acknowledges that information collected by Foundry Fitness in the questionnaire, assessments and during the term of this Agreement is used only as a guideline as to the limitations of the Member’s ability to exercise or receive the fitness or related services.

6. Member’s Obligations as Member

6.1. The Member agrees to:

a) abide by the rules and conditions as set by Foundry Fitness regarding conduct at the gym and use of the fitness equipment – which may be displayed on signage at Foundry Fitness’s premises;

b) wear appropriate sportswear while using the facilities; Members must at all times while using the equipment or fitness area, wear appropriate footwear. Bare chests are not permitted.

c) obey instructions given by the staff of Foundry Fitness concerning the use of the fitness equipment,

d) not do any act or engage in any activity which could cause damage or loss to Foundry Fitness, the gym, the fitness equipment or any item of property of Foundry Fitness or any other member of Foundry Fitness;

e) not do any act or engage in any activity which causes or threatens harm against staff or other members of Foundry Fitness;

f) not do any act or engage in any activity which constitutes sexual harassment against staff or other members of Foundry Fitness;

g) not consume or possess any alcohol or intoxicating substance or illicit substance on Foundry Fitness’s premises or operate fitness equipment while under the influence of alcohol or an intoxicating substance or illicit substance;

h) provide Foundry Fitness with full and ongoing disclosure of any physical or medical conditions;

i) not attend Foundry Fitness’s premises while the Member suffers from any illness, sickness or disease which is contagious;

j) not grant access to the Foundry Fitness premises for any non-Members.

6.2. If the Member causes any damage to the gym, the fitness equipment or any item of property of Foundry Fitness, Foundry Fitness shall be entitled to charge the Member for costs of repairing the damaged items or, if repair is not possible, the replacement of the damaged items.

6.3. If suffering from an illness, injury or long term medical condition, or has not visited a fitness facility or gym in excess of 6 months as a result of an illness or injury, the Member warrants that she/he is now in good physical condition and has had the necessary medical advice prior to embarking on a fitness program or exercise routine.

6.4. If the Member breaches any of the terms in Clause 6.1 – 6.3, Foundry Fitness may do any one or more of the following:

a) Refuse entry to Foundry Fitness’s premises and suspend any or all of the Member’s membership benefits for a period of up to 14 days;

b) Terminate this Contract with immediate effect, by serving written notice on the Member.

6.5. The Member will indemnify Foundry Fitness against and hold it harmless from all demands, claims, loss, damage, expenses (including legal costs) and liabilities which Foundry Fitness may have made against it or sustain in relation to any breach of these Terms and Conditions by the Member.

6.6 The Member is liable for and indemnifies Foundry Fitness against liability or loss arising from, and cost incurred in connection with, damage, loss, injury or death caused or contributed by the act or negligence of the Member.

7. Suspension of Membership

7.1. The Member shall be entitled to suspend their membership for 2 weeks per calendar year during which the Member will not be charged for the weekly membership fee.

7.2. Suspension requests are accepted only by filling out a request form in person and will only be for a minimum of 7 days.

7.3. During the period of suspension of Membership, the facilities will not be available to the member for use.

8. Transfer of Membership by Member

8.1. Membership of Foundry Fitness is not transferable by the Member.

8.2. Membership of Foundry Fitness cannot be transferrable between persons.

9. Novation

9.1. Foundry Fitness reserves the right to transfer, assign, sell or novate your membership including this Agreement, to another provider of the gym service provided that the facilities provided by the new owner of your contract are consummate with your existing membership and are provided on similar terms within a 3km radius of the Gym location you currently use.

10. Termination of Membership

10.1. The Member may terminate this Contract by providing 30 days written Notice to a Foundry Fitness manager.

10.2. Membership fees will be due and payable for the 30-day Notice period.

11. Default by Member

11.1. The Member will breach this Contract if:

a) The Member fails to pay any amounts owing under this Contract on the due date for payment and the amount remains unpaid for a period of 7 days

b) The direct debit authority is cancelled and not replaced within 7 days;

c) The Member is or becomes bankrupt; or

d) The Member terminates this contract other than in accordance with clause 2.1 and clause 10.

e) The Member breaches any of their obligations under clause 6; and

f) The Member breaches any other term or condition of this Contract and this breach is not rectified within 14 days.

11.2. If the Member breaches the Contract, Foundry Fitness may do any one or more of the following:

a) Refuse entry to Foundry Fitness’s premises and suspend any or all of the Member’s membership benefits for a period of up to 14 days;

b) Terminate this Contract with immediate effect, by serving written notice on the Member.

12. Assumption of Risk for Personal Injuries

12.1. The Member warrants to Foundry Fitness that the Member is medically sound to undertake a normal course of exercise;

12.2. The Member acknowledges and agrees that:

a) The Member’s use of Foundry Fitness’s facilities and the fitness equipment provided is at the Member’s sole risk and responsibility and that the Member is aware that exercise is physically demanding and participation in some activities may result in injuries, whether caused by the Member or another party.

b) Foundry Fitness is not liable to the Member for any injuries, death or illness that the Member sustains while using Foundry Fitness’s services, facilities and fitness equipment.

c) Foundry Fitness is not liable to the Member for any injuries sustained by the Member while the Member is under the supervision of a personal trainer who is not an employee of Foundry Fitness.

d) Foundry Fitness is not liable for any injuries sustained by the Member while under the supervision of a private personal trainer engaged by the Member and any claims for injuries sustained under the supervision of a private personal trainer shall be brought solely against that private personal trainer.

13. Assumption of Risk for Personal Items

13.1. Foundry Fitness will not be liable for the loss, theft or damage occurring to the personal items of the Member. Personal items are left and/or stored on the premises at the member’s own risk. Vehicles parked in or around the vicinity of Foundry Fitness are parked at the Member’s own risk. Foundry Fitness will not be liable for the theft or damage to the vehicle or its contents.

14. Privacy

14.1. The Member acknowledges that during the process of entering into the Contract and during the term of the Contract Foundry Fitness will obtain access to personal information about the Member, such as information relating to the Member’s health and financial position, and that Foundry Fitness may use that information for the promotion of their own services but will not release information to third parties.

14.2. The Member further acknowledges that the Foundry Fitness premises use video surveillance equipment to monitor the gym area for safety purposes, and acknowledges that by entering the facility, the Member will be subject to video surveillance.

15. Governing Law

15.1. This Contract shall be governed by and construed in accordance with the laws of the State of Western Australia and the parties agree to submit to the non-exclusive jurisdiction of its courts.

16. Severability

16.1. If any part of this Contract is or becomes illegal, void or unenforceable, this does not invalidate the rest of this Contract.

17. Swipe Card System

17.1. Members are required to use their own swipe card to enter and leave Foundry Fitness. Foundry Fitness reserves the right to sanction members for misuse of the swipe card system,

17.2 Foundry Fitness only grants Members, unless otherwise specified in this agreement, access to the premises. No Member is permitted to grant a non-Member access to the premises.

17.3 If a member breaches clause 17.2 of this Agreement , the Member acknowledges that they accept responsibility and liability on their personal behalf for any injury, loss or damage attributed to the non-Member whether or not caused through the negligence of Foundry Fitness.

17.4. Swipe Cards and memberships are non-transferrable between members, Foundry Fitness reserves the right to suspend/ cancel memberships if required,

17.5. Lost/misplaced swipe cards will incur a fee which is determined by Foundry Fitness Management

18. Miscellaneous

18.1 The Member provides consent for Foundry Fitness, it’s staff, sub-contractors, and agents engaged in delivering the fitness services, to utilise physical contact so far as that contact is lawful and related to the delivery of the services which may include body measurements, exercise demonstration, exercise technique correction and exercise cuing at the trainer’s discretion.

18.2 The fitness services delivered will involve physical activity and, as required or deemed appropriate by Foundry Fitness the use of equipment, gym apparatus and machinery which may hold a risk of injury or death.

18.3 The Member agrees that he/she undertakes the personal training and receives the fitness and related services at the Member’s own risk.

18.4 The Member agrees not to hold Foundry Fitness liable for any personal injury, loss or damage suffered by the Member during personal training or as a consequence of the Member receiving the fitness or related services delivered by Foundry Fitness, its staff, sub-contractors or agents.