Membership Terms and Conditions


These terms and conditions contain important information about becoming a FIT HQ member. You should read these terms and conditions carefully and make sure you understand before you join. If you do not understand something, ask us or seek advice.

1. Your membership

1.1 This membership agreement is a legally binding contract between you and us.

1.2 By entering into this agreement you agree to all the terms of this agreement and the terms stated on your direct debit authority and member application form.

1.3 Your membership allows you to use the facilities subject to these terms and conditions and club rules and you are limited to the facilities specified in your membership. Notwithstanding, we reserve the right to refuse entry and/or terminate your membership at any time at our discretion.

1.4 Upon expiry of your membership minimum term, your membership will continue on a month to month basis unless terminated in accordance to these terms and conditions.

1.5 Your membership will start the day you have signed and completed your Direct Debit Authority and Membership application form, signed and agreed to these terms and conditions and completed and signed your pre-exercise questionnaire form.

1.6 You will need to pay a joining fee when you sign up or renew your contract. The joining fee will be debited along with your first fortnightly membership debit. This fee is stated in your direct debit authority and membership application form. The joining fee is non-refundable.

1.7 You are committed to the minimum term stated on your direct debit authority and membership application form. As per clause 1.4, your membership will not expire after the minimum term but will automatically continue on a month to month basis.

1.8 If you upgrade your membership and opt for the 12 month price, you acknowledge that you are agreeing to a new 12 month agreement.

1.9 You will be given one free initial physiotherapy session. This session must be used within 2 months from sign up date.

2. Using our facilities

2.1 You warrant to the best of your knowledge there is no risk to your health and that you are in good physical condition when using our facilities. You agree to use our facilities at your own risk and responsibility and agree to release, indemnify and hold harmless us, our servants and agents from and against all and any action or claims arising out of any injury, loss, damage or death caused to you or your guests or property whether by negligence, breach of contract or in any other way.

2.2 You are solely responsible for using our gym equipment and facilities in the manner intended by following our club rules and ensuring that such equipment and facilities are used correctly.  You are liable for any damage caused by you or your guests.

2.3 We may add fines to your membership fees at any time at our discretion if you do not follow gym rules.

2.4 We may suspend or terminate your membership at any time at our discretion if you do not follow gym rules. If you are suspended or terminated due to breach of the terms and conditions and club rules you will be required to pay for any fees associated with suspension or termination of membership.  

2.5 We are not responsible for your property and belongings and you agree that we will not be liable for any loss, damage or theft of property belonging to, or brought into our facilities by you or your guests. 

2.6 You must have a towel with you and wear appropriate clothing and footwear at all times when using our facilities.

2.7 You are solely responsible for updating all personal information to allow staff at our facility to contact you. We are not responsible for an inability to contact you due to failure to update your current contact details.

2.8 Members must be at least 11 years old. If you are under 16, you may only use our facilities under the supervision of an adult at all times and you must not undertake any resistance training or weight-based exercises, and you must have a signed medical clearance.

2.9 You are responsible for your gym access card and any instance that occurs from someone other than you using your card to gain access to our facility. If you lose this you must contact FITHQ immediately so we can block access for whomever is in possession of this.

3. Changing your mind

3.1 You can cancel your agreement during your cooling off period.

3.2 You have 7 days from the date you sign the agreement. If you cancel within your cooling off period we will refund any membership dues, less your joining fee, you have paid within the 7 days after you have returned your membership card, gifts and other documentation we have provided you when you joined.

3.3 Any additional services you have used within the 7 days will not be refunded to you.

4. Freezing your membership

4.1 If you wish to freeze your membership you must notify us of your request.

4.2 You agree to visit the club in person to initiate your membership freeze by completing a membership freeze form. Only you the account holder may initiate a membership freeze on your own account. You must specify the duration at the time of freezing your membership.

4.3 The minimum freeze timeframe is two weeks, and the maximum freeze timeframe is 13 weeks.

4.4 Each fortnight your membership if frozen, you will be charged and liable for an amount specified by FIT HQ at the time that your membership was frozen.

4.5 We may add or change this amount at any time at our discretion.

4.6 All 12 and 18 month contracts are exclusive of any freeze time; i.e. the duration for which your membership is put on freeze will not deduct from the 12 or 18 month contract.

 

5. Direct Debit Agreement and Paying Membership Dues

5.1 Unless a different arrangement has been agreed by us, you agree that we may regularly direct debit your membership fees from your nominated account at a specific time, as agreed in your direct debit authority and membership application form.

5.2 You must ensure that there are sufficient funds in your account on the payment date. Overdue payments will incur a penalty fee stated on your direct debit authority and membership application form terms.

5.3 If a payment has been missed, we may refuse you access to the club until the payment has been made. We will continue to debit your account until all arrears and associated fees have been paid in full.

5.4 If you have missed a payment or you are overdue, the third party debiting company will attempt to contact you. It is your sole responsibility to make sure you are available to talk to them. If you fail to contact them back or make arrangements, we are not liable for any collection or overdue fees that may result.

5.5 We may suspend or terminate your membership if you do not pay your fees on time and we may charge a late payment fee.

5.6 We reserve the right to increase your fees at any time upon reasonable notice to you.

5.7 We reserve the right to debit a one off fee for new access cards if one of our clubs changes 24/7 trading hours. This will be taken after 2 weeks’ notice via email to members of the club and having sign at front desk displayed for 2 weeks .

6. Transfer and changes to your membership

6.1 We can assign or transfer the benefit of your membership contract to a person, company or entity at any time and we will give you reasonable notice in writing.

6.2 We can nominate or change our third party debiting company at any time and we will give you reasonable notice in writing.

6.3 We may add to, change or remove terms and conditions, club rules and other membership terms at any time at our discretion. Notice of such changes will be provided either by publishing them on our website or in writing to you or placing a notice in the club.

7. Cancelling, downgrading or transferring your membership

7.1 You may not cancel or transfer your membership except with our written consent and approval.

7.2 You must first contact FIT HQ to request to cancel, downgrade or transfer your membership and complete the corresponding form to lodge your request. The form must be written and signed by the membership and account holder only.

7.3 The form must be signed, dated and handed in to a FIT HQ employee.

7.4 We will contact you after you have lodged your request. Failure to contact you after 2 attempts will result in a request denied. It is your sole responsibility to contact us back after our attempts for your cancellation to be successful.

7.5 If you want to cancel on a Flexi membership you must provide FIT HQ with 28 days written notice.

7.6 If you want to cancel on a 12 month or 18 month commitment membership you will incur a cancellation fee upon cancelling. The cancellation fee for the corresponding membership is: $250.00 or the lesser amount left on your contact for any 12 month premier memberships including those with a concession or corporate discount, $350.00 or the lesser amount left on your contract for any CrossFit membership and 18 month Premier membership including those with a concession of corporate discount. Once the full 12 or 18 months of your contract have been completed, only 28 days’ notice is required to cancel.

7.7 A downgrade in membership from CrossFit whilst still committed in a yearly contract will incur in a downgrade fee of $200.00 or the lesser amount left on your contract. Members will revert to the current premier rate on downgrading. Once the full 12 months of your contract have been completed, only 28 days’ notice is required to downgrade.

7.8 Cancellations due to medical reasons must be accompanied with a medical certification that prevents exercise for the remainder of the entire contract.

7.9 A relocation fee of $80 applies if you are cancelling due to moving out of the area greater than 25km. Proof must be provided when moving

7.10       All upfront memberships are non-refundable unless cancelled within 7 day cooling off period.

8. Limitations of liability

8.1 To the extent permitted by law, we are not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate you for any special, indirect or consequential loss or damage of any nature whatsoever. 

8.2 You agree to indemnify us and keep us indemnified from and against any liability and loss or damage we may sustain as a result of any breach, act or omission, arising directly or indirectly from or in connection with any breach of these Terms and Conditions or club rules by you or your guests.

9. Privacy

9.1 You agree that we may use your personal contact information for purposes such as but not limited to marketing or contacting you about our promotions. By signing up to our membership you will be subscribed to our member e-mails, SMS and newsletters. You can chose to unsubscribe at any time.

 

 

10. Third Party Providers

10.1  Contractors, tenants, franchisees provide some of the services in our club. Some of these services may include café, personal training, hairdressing and beauty, group fitness and physiotherapy. Some fees are paid directly to them and we are not responsible for these fees. If you make a claim due to an act or omission by a contractor, tenant or franchisee, your claim must be brought against that party and not against us.  You release us from and hold us harmless and indemnify us from and against any claim resulting from services provided by these third parties.

11. Indemnity

11.1  You agree to indemnify us and keep us indemnified against and from all expenses, damages, costs, liabilities, claims, actions, proceedings, judgements and losses of any kind whatsoever that we incur arising out of, caused by, attributable to or resulting from any accident, damage, loss, damage to property, injury or death to any person or property caused by you or your guests at or in the club or in the vicinity of the club.

11.2  Bouldering, rock climbing, slacklining, and the use of hang boards and peg boards, crimp ladders and other rock climbing training equipment are dangerous recreational activities which involve inherent, incidental and significant risks including but not limited to, uncontrolled falling, collision with objects, walls, climbing holds, unprotected floors and other patrons as well as stress and overuse injuries as a result of the improper technique or excessive strain. The activities may cause death, physical injuries and physiological injuries (including panic attacks hyperventilation and associated heart conditions).

11.3  For the above reasons, the activities involve a significant risk of physical harm and are therefore “Dangerous” recreational activities. The member/guest acknowledges the obvious risks associated with the activities and that, by accepting these terms and conditions by becoming a member or guests means they are waiving their rights to seek compensation from FITHQ and its employees.

12. General

12.1  These terms and conditions are to be construed in accordance with the laws from time to time in the State of New South Wales and the Commonwealth of Australia.

12.2  Any conditions found to be void, unenforceable or illegal may, to that extent be severed from the agreement.

12.3  No waiver of any of these Terms and Conditions or failure to exercise a right or remedy by us will be considered to imply or constitute a further waiver by us of the same or any other term, condition, right or remedy.

By signing the Member Sign up Pre-exercise screening, you have fully read and fully understand the foregoing assumption of risk and release of liability and understand that by signing it obligates you to indemnify the parties named for any liability for injury or death of any person and damage to property caused by your negligent or intentional act or omission. You understand that by signing the Member Sign up Pre-exercise screening you are waiving valuable legal rights.

 

 

 

 

 

 

 

 

 

FIT HQ Club Rules

To make everyone’s experience at FIT HQ enjoyable, we ask all our members to follow the below FIT HQ club rules. The rules are part of your official FIT HQ Membership agreement and must be followed at all times during your membership.

If you don’t comply with our rules, we may ask you to leave the club, pay a fine, and deny you club access or terminate your membership.

Before you start

1.       If you have any past or current health problems, talk to your doctor before starting a new fitness program using our club facilities.

2.       All members and guest must fill in a pre-exercise questionnaire before using our club facilities.

General Membership

3.       Every time you enter the club you must present your membership card at reception.

4.       No one else may use your card.

5.       If your card is lost or stolen, you must notify FITHQ immediately and you’ll need to organise a new one and pay the card replacement fee.

6.       If your membership dues aren’t up to date, or your membership is frozen, suspended or terminated, you will not have club access.

7.       If we terminate your membership, it will be at our discretion as to whether you are eligible to join FIT HQ again in the future.

8.       You must keep us updated with any new contact and/or debiting details.

Bringing a friend

9.       Members may bring guests to our club by paying the current guest fee. Guests must also follow these club rules.

10.    You must accompany your guest(s) at all times and make sure they follow these rules.

11.    You may not access the club as a guest if your membership is frozen.

General Club Use

12.    We are a 24hours service club and our staffed hours will be on the club door and on our website. Special club holiday hours will be posted inside the club and on social media.

13.    Don’t bring alcohol or illegal drugs into the club.

14.    Please don’t consume food or beverages brought from outside in our club.

15.    Don’t use the club facilities while under the influence of alcohol, anticoagulants, antihistamines, beta blockers, narcotics, or tranquillisers. We have a strict zero tolerance for substance usage.

16.    Don’t smoke inside or near the entrance of the club.

17.    Please leave the club punctually and prior to our published closing times.

18.    Unless we approve, don’t take any pictures, photographs, films or videos via any form of recording device including phones or cameras of our club premises.

19.    You’ll need to pay for any loss or damage caused by your or your guests while in the club.

20.    We may provide trial access to our club or open our club up to the public for a certain period of time.

21.    You may be required to participate in a Member orientation to familiarise you with the Facilities and Services before you use them.

Emergencies

22.    Our Clubs have an emergency phone, panic buttons and security lanyards for safety and security reasons and to alert a security company in emergencies, for example, if you are, or feel, threatened or need medical help. You must understand how emergency apparatus works and agree to use it only in an emergency. If you deliberately use emergency apparatus inappropriately, you agree to pay for any costs, loss or damages incurred because of this inappropriate use. Our Clubs may also have an emergency or crisis response procedure displayed which must be followed in emergencies.

Fob Key (gym access card)

23.    You will need your Fob Key (or access card) to access FITHQ and must swipe this each time you use the Facilities and Services. If you forget to bring or lose your Fob Key (or access card) you may access FITHQ during Staffed Hours if you show photo ID to FITHQ staff but this will be at the discretion of FITHQ. You should not ask or expect another person to let you into a Club at any time. You must not let anyone else into a Club without the approval of Club staff or let anyone else use your Fob Key (or access card). If you break this term, you may be charged the Tailgate Fee and/or your Membership may be suspended or cancelled. If your Fob Key (or access card) is lost or stolen you must let us know immediately and get a replacement in 14 days or you may be refused Club access. A Replacement Fob Key Fee will apply.

The gym floor and studios

24.    Use equipment for its intended purpose and follow instructions provided. Always ask for help if you need it. Never bring your own equipment into our clubs.

25.    Inform us if any of our equipment is broken or unsafe.

26.    No food or bags are allowed on the training floor. Leave your bags in the lockers or provided pigeon holes. Make sure to never leave your items in the locker overnight.

27.    Replace your weights and equipment after use. Failure to comply will result in a fine to you the offender.

28.    Never drop weights on the gym floor. You are only allowed to drop bumper plates on the dedicated Olympic Lifting Platforms.

29.    You must only access the areas of the gym according to your membership.

30.    A towel must be used on all equipment and while you’re in the studio or training floor. Please wipe down equipment after use.

31.    Please don’t let kids into the workout areas (unless for a kids class) or leave them unsupervised. They’ll be much more comfortable in our crèche.

 Classes

32.    If you’re more than 5 minutes late for a group fitness class you will not be able to join in. Please arrive a few minutes early.

33.    Please follow all instructions given by our instructors.

Appropriate clothing

34.    Wear appropriate clothing and footwear for training. Enclosed shoes when on the gym floor. No dirty work boots allowed on gym floor. Wearing No shoes are only okay when you’re in the change room or steam room.

Lockers and change rooms

35.    Lockers are available to store your gear and other items. We can’t guarantee that using the lockers will stop theft or damage to your stuff.

36.    Lockers are only to be used for storing your gym gear, spare clothing, toiletries, etc. Don’t keep anything else in your locker. If we suspect that a locker is being used for something else, we reserve the right to open it and remove any prohibited items.

37.    Lockers are available for use only while you’re inside the club. Any gear left in the lockers overnight will be removed. If it’s not collected within 7 days, we’ll donate the items to charity.

38.    Only one person can be in a shower cubicle at any one time.

24 Hour CCTV cameras

39.    Club premises have CCTV security cameras recording 24-hours a day (except in bathrooms) and may have remote video guarding services. This system is used for security purposes but does not guarantee against harm. You should contact the Club if you have questions on this.

Parking

40.    Parking is only for members and guests while using our club facilities.

41.    We are not liable for any loss, theft and/or damage to vehicles on club premises.

Sauna, Steam room and relaxation area

42.    For health, safety and hygiene reasons members and guests should:

a.        Shower before entering the sauna, steam room and relaxation area;

b.       Sit on a towel when using the sauna, steam room;

c.        Never shave in the sauna, steam room;

d.       Not use oils, cream or cosmetic products in the sauna, steam room;

e.       Not attempt to dry clothing in the sauna, steam room

f.         Don’t spill or pour any liquids out in the sauna/steam room.

43.    You must be over 16 years old to use the sauna, steam room.

44.    Pregnant women should avoid using the sauna, steam room.

Personal Training

45.    Only FIT HQ Personal Trainers can provide personal training services at FIT HQ. Please do not bring your own trainer into the club.

Safety

46.    Don’t play with or touch with fire doors or fire exits.

47.    You must be cautious when entering, leaving a Club and using the Club and you must wear security lanyards when appropriate, for example, if exercising alone or outside Staffed Hours. Following Directions You agree to follow any reasonable direction of Club staff relating to health, safety or security matters or related matters.

48.    Please follow any health and safety notices displayed inside the club. Please let a FIT HQ staff member know if you are hurt or injured before you leave the club.

49.    In an emergency or when an announcement is made, please follow the club staff’s instructions at all times.

CLUB CLOSURES

50.    We may need to close our Club for a period of time, for example, due to an emergency, or if required by a court order or by law. We may close our Club up to 14 days in any 30 day period and keep charging Membership Fees. We will try, but cannot promise we will be able, to tell you about any Club closures in advance.

Other General Rules

51.    FIT HQ may occasionally take photographs/images/videos of the club and its facilities (including members). We’ll try our best to get your approval beforehand but this may not always be possible. We reserve the right to use these photographs/images for commercial purposes without payment. We use CCTV to monitor any incidents at the club.

52.    Our price list will change from time to time.

53.    Always respect other club members, guests and our staff. Conduct yourself in a manner that will not cause harm or discomfort to yourself or any other member.

54.    We have a strict zero tolerance with aggressive behaviour.

55.    Respect the privacy of other members and treat each other with respect. Foul language or inappropriate behaviour will not be tolerated.

56.    We may add fines to your membership fees at any time at our discretion if you do not follow gym rules.

57.    You agree to pay for any loss or damage to the Club or the Facilities and Services caused by you or your guests through a wilful, wrongful or negligent act or as a result of your, or their, breach of this Agreement.

58.    We may suspend or terminate your membership at any time at our discretion if you do not follow gym rules. If you are suspended or terminated due to breach of the terms and conditions and club rules you will be required to pay for any fees associated with suspension or termination of membership.