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UFC GYM SYDNEY
Terms & Conditions
10. Membership Types
Use of the Club’s services and facilities are governed by the
Membership Type as listed on page one of this Agreement.
a.) Membership Types and their respective access restrictions are:
b.) Ultimate - One Club, All Days, All hours
These are the Terms and Conditions on which UFC GYM Australia
(“we”, “us”, “our” or “UFC GYM”) is willing to provide membership to
you. Any variation to these Terms and Conditions must be in writing and
signed by our authorized officer.
THIS IS AN IMPORTANT DOCUMENT – PLEASE ENSURE THAT
YOU READ IT CAREFULLY.
1. Parties
This agreement is made between UFC GYM Australia Pty Ltd ABN 93
161 201 421 and the member whose name appears in the application
for membership contract. The member’s name who appears in the
application acknowledges that they are over the age of 18. Any
members under the age of 18 must abide and agree to the “Youth
Terms and Conditions”. You acknowledge that you have received a
copy of your Membership Agreement.
We have seven days after the formation of the UFC GYM Australia
Membership Contract (“contract”) to rectify any error or miscalculation
provided in the contract.
2. UFC GYM Australia Rules
You must ensure that you read, understand, and abide by the Rules
(“Rules”) which are notified to you through signage, handouts, or our
website (www.ufcgymsydney.com.au).
3. Entire Agreement
The Rules, these Terms and Conditions and the Application for
Membership and Contract form the entire agreement between the
parties (The Contract) and any previous representations or documents
whether provided by UFC GYM or its agents or employees is excluded
from this agreement.
4. Start Date
You understand that your Membership commences on the Membership
start date on page one of this Agreement (or when the Club opens
in the case of “pre-sales”) unless terminated in accordance with this
Agreement continues until the Membership Expiry Date shown on page
one of this Agreement.
5. Membership Card
Membership cards are not transferable and must be shown on every
visit to gain entry. Photo identification is necessary with UFC GYM
membership purchase and an ID photo will be taken for the UFC GYM
database records only. If a member has allowed his or her membership
card to be used by another person for the purpose of obtaining
admission, this amounts to the repudiation of the Contract and we may
terminate the contract with the member paying all monies due under
this contract. In the event of a lost or stolen Membership card, you
should contact UFC GYM regarding the reissue of a replacement card.
A fee of $15 will be charged to cover the cost of the replacement card.
6. Dress Code
Fully enclosed, clean sports shoes must be worn in all public (nonstudio) areas of UFC GYM and during workouts for safety reasons.
MMA specific training areas are to be barefoot only. Members are
required to wear a singlet or t-shirt at all times in UFC GYM.
7. Towels and Cleanliness
Towels must be used when participating in classes and when exercising
on gym equipment to maintain hygiene and safety standards. All
equipment used (including bags and mats) must be wiped down with a
spray bottle and paper towel after use.
8. Lockers
Lockers are available and located in UFC GYM. Please look after your
personal items, UFC GYM Australia employees, or contractors, are not
responsible for any loss of personal property. Lockers provided are not
security devices and you must supply your own lock. All belongings
must be removed from the lockers prior to close of club or they will be
removed and UFC GYM takes no responsibility for these items.
9. Lost Property
We highly recommend that you use lockers for your belongings. UFC
GYM does to take responsibility for loss, damage, or theft of your
belongings. Any items of lost clothing will be held for one month and
c.) Fitness - One Club, All Days, All hours
d.) Junior - One Club, All Day, All hours (must be accompanied by
an legal guardian who has a primary membership)
e.) Ultimate memberships have access to specialty MMA classes,
DUT, and Ultimate classes without any extra fees
11. Cooling Off Period
After applying for membership, you have a seven day period (“Cooling
Off Period”) during which you may cancel your membership. Notice
must be given in writing. A refund equal to the membership fee and any
additional amounts paid minus an Processing Fee and the cost of any
fitness services already supplied may be applicable.
If you terminate your Contract after the Cooling off Period, different
conditions will apply. The following termination clauses outline your right
to terminate the Contract and any fees payable in such circumstances.
12. Termination within the Minimum Term
xYou may only terminate the Contract without additional fees prior to
the expiry of the Minimum Term with immediate effect by providing us
with written notice if;
•
We make changes to the Contract which adversely affect you
•
We breach our obligations to you
•
You become subject to permanent medical incapacity or
•
You otherwise become entitled to do so under consumer
legislation.
13. Termination on expiry of the Minimum Term
If you have a Prepaid Fixed Term Contract (paid in full upfront
payment), it will terminate automatically upon expiry of the Minimum
Term. If you have a Debited Ongoing Contract (fortnightly debits), you
may provide written notice of termination at least 5 working days prior to
the expiry of the Minimum Term and the Contract will then terminate on
expiry of the Minimum Term.
14. Termination after the Minimum Term
If you have a Debited Ongoing Contract you may terminate the Contract
after the Minimum Term if you provide us with thirty days written notice.
During this notice period, we will continue to debit any scheduled
fortnightly payments until the end of the 30 day notice period and you
can continue to use facilities for the term of the payments.
However, where either of us terminate the Contract, any unpaid fees
owing will need to be paid by you or we may take action to recover the
outstanding payments. We can refuse you entry to UFC GYM at any
time that your membership payments are not up to date.
15. Termination when changes made to Terms and
Conditions
You are entitled to terminate the Contract with immediate effect at
any time by providing us with written notice if higher membership fees
applicable to your membership are introduced or you do not continue to
use UFC GYM after an amendment to these Terms and Conditions as
contemplated in clause 42.
No fees will be applicable for terminating in accordance with this clause
apart from the Processing Fee, membership fees for the time you have
been a member and any additional fees for fitness services already
supplied.
16. Termination where we Breach our Obligations
If we are in breach of an essential obligation under the Contract and
we have not remedied that breach within a reasonable time after you
have notified us of our breach in writing, you are entitled to terminate
the Contract with immediate effect at any time by providing us with
written notice. No fees will be applicable for cancelling in accordance
with this clause apart from, to the extent not impacted by our breach,
the Processing Fee, membership fees for the time you have been a
member and any additional fees for fitness services already supplied.
17. Termination for Medical Reasons
You may terminate the Contract with immediate effect at any
time by providing us with written notice and producing supporting
documentation to our reasonable satisfaction to demonstrate
permanent medical incapacity. In that event, you will only be charged
the Processing Fee, membership fees for the time you have been a
member and any additional fees for fitness services already supplied.
The Processing Fee is a fee used for all set up costs of all new
memberships, and those renewing membership. The processing fee
is not refundable even if you chose to cancel your application for
membership during your Cooling off Period.
18. Termination Requests
All Terminations must be made in writing at your home UFC GYM at
least 30 days prior to the cancellation date (after the minimum term
specified). Requests via phone, fax, email or other medium may not be
processed.
24. Membership Fee Increase
If you have an ongoing contract, we reserve the right at any time after
the Minimum Term of the Contract, to increase the membership fees
to be charged. If we increase the membership fees we will provide
at least thirty days prior notice of the increase by post or email to the
addresses provided by you in the Application for Membership. Following
such notice, you authorize us to increase any direct debits to your credit
card or bank account which you have authorized upon joining. We will
not use this right to vary the terms on any special offer which applies to
you.
19. Youth Memberships
Any membership agreements for members under the age of 18 are
considered null and void unless signed by a parent or legal guardian
and proof of parental / guardian signature must accompany agreement
(photocopy of passport, license etc). All Youth members must be
accompanied by their legal guardian or parent at all times while at UFC
GYM.
Prior to the commencement of exercise at UFC Gym, a pre-exercise
screening will need to be carried out for all Youth Members. All Youth
members are required to wear their appropriate colour identification
(wrist band) at all times when at the club. If it’s lost or stolen, a
replacement can be purchased for a minimal fee from reception.
Some Youth programs require fees to be paid in advance. UFC GYM
reserves the right to discontinue use by any child who is unsupervised,
or whose behavior is offensive or disruptive.
20. Age Restrictions
For members aged under 16 years of age, there will be no access to
weights based training areas or group exercise classes which include
resistance training, unless supervised one on one by a personal trainer.
For members aged under 14, there is no access to general gym
facilities except for equipment utilized under supervision through our
Youth programming.
25. Outstanding Payments
As a result of outstanding debt, UFC GYM reserve the rights to refer
overdue amounts to an external collections agency. In the event of
payment defaults you will be liable to UFC GYM for all outstanding
monies due and will be liable to pay UFC GYM debt recovery expenses
and legal costs.
26. Refunds
Except as provided in this Contract all monies are non-refundable.
27. Suspension
You can suspend your membership for medical reasons upon provision
of satisfactory supporting documentation. Membership suspension, for
a period of up to three months, once each calendar year, is available
provided that all amounts payable for your membership are paid up to
date. All suspension must be applied for in writing to us at least fourteen
days prior to the commencement of the suspension period and we
reserve the right to refuse any application for freeze at anytime.
Any member under 18 years of age understands that usage restrictions
may apply and that this may change at any time as required by
legislation and/or club policy.
Debit payments will only be suspended for the direct debits that fall
within the suspension period. Suspension dates must coincide with
preexisting billing dates. For Pre-Paid Memberships, a Freeze Fee
of $20 per month, up to a maximum of $40 is payable. For Ongoing
Contract Memberships, a fortnightly fee of $10 will be debited.
21. Right of Exclusion
We can refuse entry to UFC GYM, cancel your membership and / or
terminate the Contract without warning or notice for inappropriate,
threating or harassing behaviour, damaging equipment or facilities, or
use of illegal or performance enhancing drugs in UFC GYM.
28. Damages / Personal Injury
You are aware that my use of the premises and its facilities and my
participation in the classes and programs conducted by UFC GYM may
involve strenuous activity and risk (special or otherwise) associated with
such use and participation.
22. Payment of Fees
All membership fees may be recovered from your nominated credit /
debit account (as provided from time to time). Any bank fees charged
to us because of a rejection when collecting your due membership fees
may be charged directly to you by us. If a membership fee payment
remains outstanding, you agree that, unless we are in breach of our
obligations under the Contract, we may continue to debit the nominated
credit / debit account for the total amount due without notice to you.
You release UFC GYM and it’s directors, employees, contractors and
agents (the ‘staff’) from all liability and responsibility whatsoever. This
includes personal injury, property damage, or death however caused,
but not limited to the negligence (whether passive or active) of UFC
GYM or its’ staff or any other person using the premises. Please refer
to the Civil Liability Act 2002 for more information. (www.legislation.nsw.
gov.au).
a)
If an Ongoing Contract has been chosen, a pro rata charge
for Membership will be made at the time the Membership application is
accepted by UFC GYM. This charge is based on the number of days
between the Membership Start Date and the First Auto Pay Date shown
on page one of this Agreement.
b)
Debit/charges will be made fortnightly on Friday. In the case
of new memberships their credit card /bank account will be charged/
debited the first Friday after the Membership Start Date or later date as
determined by UFC GYM.
c)
Fortnightly Dues are payable in advance.
d)
Fortnightly dues paying members have a quarterly upkeep
fee of $8.95 which is automatically charged their account (15th
February, May, August and November) of each year the membership is
in effect.
e)
For a multiple memberships, the primary member will be
responsible for the payment of Dues for all associated Memberships.
f)
If you fail to pay your Fees by the due date, UFC GYM
reserves the right to refuse entry to any UFC GYM facilities until such
outstanding payment is received.
g)
If for any reason payment of the Member’s Fortnightly Dues
is declined by Member’s credit card/bank account a fee of $30 per due
payment may be charged by UFC GYM and will be payable by Member.
23. Processing Fee
29. Risk Management
To mitigate risk and ensure that you are correctly operate or use any of
our facilities, services, products or equipment, including the adjustment
of levels or settings on any equipment, you are required to undertake
an instructional consultation with a member of our staff before use.
Certain areas of the club such as the sauna carry increased risk to your
health. You ensure that you are able to enter these areas without risk,
before doing so.
30. Responsibility for Damage
You are solely responsible for any damage which you may cause
to UFC GYM, its facilities, services, products or equipment, if such
damage is caused by your willful act and / or negligence.
31. Disclosure of your Physical Condition
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 UFC GYM or any of
our facilities, 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.
32. Change of Details
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.
33. Contractors
Contractors and franchisees may provide services at UFC GYM. Fees
for such services are paid directly to the contractors and franchisees.
42. Your Obligations
You acknowledge that the National Credit Code does not apply to these
Terms and Conditions (www.comlaw.gov.au) if at any time;
a.) You believe that you may not or may be unable to perform or
comply with your obligations under these Terms and Conditions;
b.) You are unable to pay your membership fees, including any
installment of membership fees, as they fall due for payment;
c.) A cheque is received from you is dishonoured
d.) You are or become bankrupts; or
We take no responsibility for the fees paid to these contractors and
franchisees. 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 or franchisee.
e.) Your membership fees are overdue and are not paid in
accordance with these Terms and Conditions in circumstances
where we have not breached our obligations under Contracts, you
agree that:
34. Interruption of Services
As a result of repair, maintenance, public holiday, or special occasions,
UFC GYM may be required to restrict the use or temporarily close or
halt UFC GYM activity from time to time. There will be no reduction,
suspension, abatement, or apportionment of membership fees or other
charges during such time when the above-mentioned occurs. UFC
GYMS hours of operation may be modified from time to time without
prior notice to Member. UFC GYM reserves the right to change the
facility from time to time, to eliminate or add facilities and services, and
to change the type or quantity of equipment and services. UFC GYM
may from time to time reserve the use of its facilities for special events,
competitions and private functions.
f.) You will immediately notify us that one or more of the above
notifiable events has occurred and you will keep us notified on a
monthly basis until such notifiable event no longer exists;
35. Relocation
You acknowledge that UFC GYM reserves the right to relocate club
premises. If the new premises exceed three kilometers from its original
location then you may apply for the termination of this Membership, in
which case a refund of the unused portion of the Membership less the
processing fee will be calculated.
You agree that any such move of less than three kilometers does not
entitle the member to terminate the Membership Member expressly
acknowledges that UFC GYM reserves the right to change the nature,
format, presentation or number of services and facilities as deemed
suitable. As much warning of any changes as is practicable, will be
provided for your information at the Club/s, and / or on the website.
36. Assignment
You must not assign any rights or benefits under these Terms and
Conditions unless you have obtained our prior written consent. We
may assign or transfer any rights or benefits under these Terms and
Conditions at any time without notice to you. However, we will remain
liable to meet our obligations to you under these Terms and Conditions
and the Contract.
37. Intellectual Property
These Terms and Conditions do not give you any intellectual property
rights in UFC GYM Australia, or in our facilities, services or products.
38. Privacy Statement and Acknowledgement
During the process of entering into the Contract with you and during
the Term of the contract 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.ufcgymsydney.com.au).
39. Governing Law
These Terms and Conditions are governed by, and you agree to submit
to the laws applicable in the state or territory of Australia in which the
Contract was formed.
40. Variation
We may, subject to your rights in clause 15, alter these Terms and
Conditions or the Rules at any time upon thirty days written notice.
All use of UFC GYM and its’ facilities, services and products after the
date specified in such notice will be subject to such altered Terms and
Conditions or Rules. If you continue to use UFC GYM and its facilities,
services and products after the date such alterations become effective
or otherwise demonstrate by your conduct that you agree to the altered
Terms and Conditions or Rules, you will deemed to have agreed to the
altered Terms and Conditions or Rules.
41. Severability
If any part of this Contract is or becomes illegal, void or unenforceable,
this does not invalidate the rest of this Contract.
g.) We have no obligation and will cease to allow you to use any of
our services or products available to you under your membership
while a notifiable event exists;
h.) We may terminate the contract with immediate effect by providing
you with written notice;
i.) We may request payment in advance for the remainder of the
term of you membership; and
We have no obligation to respond to any offer you make to extend or
renew your membership while a notifiable event exists.