Terms and Conditions
1. ENTERING AN AGREEMENT
When you sign up for a membership with Teambros Fitness Club, you will need to provide us with personal information noted in the membership agreement and photographic identification for security purposes. If you join under a particular offer, such as a corporate offer, you will also need to provide us with evidence that you are eligible for that offer. An access key will be given that will allow you to access and use our facilities and services.
2. COMFORT GUARANTEE (COOLING OFF)
2.1 - You can cancel your agreement during your comfort guarantee period, which is 7 days from the date you signed your initial membership agreement. This period is inclusive of the day that you signed the agreement and the last day to cancel is until 11.59pm of your 7th day. To be effective, you must let us know in writing at any time during this 7 day comfort guarantee period. A cancellation form must be signed and given to us personally or via email.
2.2 - If you cancel your membership during your comfort guarantee period, the fee for the number of days that you visited the gym during that period will be charged. The minimum gym visitation fee that will be charged is $50. All other fees including the joining fee, access key fee and the membership fee minus the days used or minimum $50 gym visitation fee will be refunded. The access key must be returned. If lost or damaged, the access key fee will not be refunded.
2.3 - If you sign your cancellation form after the comfort guarantee period, it means that you have engaged in the membership that you have signed up for and have to comply with the terms and conditions relevant to your membership agreement.
3. MINIMUM AGE
3.1 - For safety and security reasons you must be at least 16 years old to become a member. If you are 16 or 17 years old, a parent or legal guardian must provide consent and sign the membership agreement and health questionnaire. Full access to the facilities and services will be provided (unless there are any medical restrictions) during staffed hours. Access is not permitted during unstaffed hours, even if accompanied by a parent or legal guardian.
3.2 - If a member under 18 years of age does not comply with our Minimum Age policy and visits the facilities during unstaffed hours, Teambros Fitness Club will not be subject to responsibility for incidents that occur during the visitation.
3.3 - Your membership may be immediately terminated, if you do not comply with our Minimum Age policy.
4. HEALTH AND SAFETY
4.1 - Physical Condition
(a) On the day you sign your agreement and each time you use the facilities and services of Teambros Fitness Club, you must ensure you are in good physical condition and you know of no medical or other reason why you cannot or should not exercise.
(b) Our staff and contractors are not medically trained. They are not qualified to assess if you are in good physical condition and can exercise without risking your health, safety or comfort. If you have any doubts, you should not use our facilities and services until you have sought appropriate medical guidance and been given the go-ahead.
(c) You agree to provide us with all relevant personal, health and fitness information both before and during the course of any exercise program or other activity. The information you provide us must be true and accurate, and not misleading in any way.
(d) You are using our facilities and services at your own risk. You must not use our facilities and services if you are suffering from any illness, disease, injury or other condition that could be a risk to your health or safety, or that of other members.
(e) Teambros Fitness Club will not take responsibility for your negligence. We may suspend or cancel your membership if we have reason to suspect that you have not complied with our health and safety terms.
Clubs have an emergency or crisis response procedure displayed which must be followed in emergencies. As a member, you must follow any reasonable direction of a member of Club staff relating to health, safety or security or related matters.
5. APPROPRIATE & ACCEPTABLE CONDUCT
In addition to the following, members must comply with the Club Rules.
5.1 - Proper Usage of Equipment & Damages
As a member, you are required to use our facilities and services in a safe and respectful manner. If you are unsure on how to operate any equipment, you must ask the staff before you use it. Teambros Fitness Club will not take responsibility for any injuries caused by a member's misuse of equipment. Any member who caused damages to the property, gym equipment, accessories and facilities of Teambros Fitness Club shall be responsible for the repair bill as ascertained by Teambros Fitness Club.
5.2 - Prohibited Activities
If you behave or conduct activities that are deemed as unsafe, inappropriate, unlawful or in violation of any laws (at our discretion), action will be taken. We may immediately suspend your membership (with a possible cancellation fee), ban you from rejoining Teambros Fitness Club and/or refer the matter to appropriate authorities. Examples of inappropriate behaviour include harassment, disrespecting and/or threatening members and staff, deliberately damaging property, defamation, distributing or using illicit substances. If your conduct causes us or another person costs, loss or damages, you will be held responsible to cover the full costs.Members and visitors are strictly prohibited from engaging in the following activities, and cannot permit another person to act on their behalf.
(a) Posting, transmitting or making available (including e-mail) any content or information that is false or inaccurate regarding Teambros Fitness Club.
(b) Posting, transmitting, or making available any content or information that is unlawful, harmful, threatening, abusive, harassing, vulgar, obscene, invasive or otherwise considered as a criminal offence.
(c) Posting, transmitting, or making available any content or information that infringes or violates any patent, copyright, trademark or any other intellectual property rights of Teambros Fitness Club and others.
(d) Posting or distributing any unsolicited or unauthorised advertising or promotional material.
(e) Interfering or limiting the use of the Club by other members.
(f) Breaching the privacy of other members by collecting or storing personal information, including clause 7.4.b or any legal rights of individuals.
(g) Interfering and/or disrupting security or the operation of our Club. This includes introducing any computer programming that may affect systems, data or personal information.
(h) Attempting to libel or defame Teambros Fitness Club, its employees or other individuals or acting in a way that brings disrepute to the good name of Teambros Fitness Club. These acts may include deliberating posting a negative comment online or through other means.
5.4 - Drugs, Alcohol & Smoking
The distribution or use of illegal or performance enhancing drugs is strictly prohibited. The distribution or usage of these substances inside or near Teambros Fitness Club, including any suspected activities will be reported to the police immediately.
5.5 - Commercial Activities
Engagement in any commercial or business activities at Teambros Fitness Club, such as offering training services or selling goods is strictly prohibited unless we grant you written permission to do so. If a written permission has been granted, we have the right to revoke this at any time.
5.6 - Appropriate Clothing
All members and guests must wear appropriate clothes and enclosed shoes at all exercise areas, except for wet areas. We do not allow clothes with offensive images or inappropriate advertising.
6.1 CCTV Cameras and Surveillance
The premises of Teambros Fitness Club have CCTV systems installed, recording during club hours (except in bathrooms) and may have remote video or other guarding services. This system is used for security purposes. However, the security cameras cannot guarantee protection from harm or theft. You should contact the Club if you have questions regarding this term.
6.2 - Access Key
(a) You will need your access key to access the premises and must tap this each time you enter Teambros Fitness Club.
(b) If you lose or forget your access key, you may access the premises during staffed hours if you show photo ID to a staff member of Teambros Fitness Club. However, this will be at the discretion of the staff member. You should not ask or expect another person to let you into the gym at any time.
(c) You must not let anyone into Teambros Fitness Club without the approval of the staff or let anyone else use your access key. This includes your friends or family who may already be a member of our Club. If you break this term, you may be charged the tailgate fee of $100 and/or your membership may be suspended or cancelled.
(d) If your access key is lost or stolen you must let us know immediately and request for a replacement within 14 days or you may be refused access. A replacement access key fee will apply.
7.1 - General Consent
7.2 - Up to Date Contact Information
It is the member's responsibility to promptly inform Teambros Fitness Club if you change your contact or payment details or if there is a change to other relevant personal information, including anything that may affect health or safety.
7.3 - Usage of Image Forms
Photographs, videos or audio recordings are sometimes taken of members for promotional purposes. Your permission, which may be verbal, will first be obtained if this is done. By signing this agreement, you agree to allow your image, recording or likeness to be used for any legitimate purpose by Team Bros Pty Ltd and TB Fitness Pty Ltd, and you assign your rights in any of these materials to Teambros Fitness Club.
7.4 - Unauthorised Photography & Release
(a) Any unauthorised usage of photos/video content owned by Teambros Fitness Club will be referred to appropriate authorities.
(b) As noted in clause 6.1, surveillance and monitoring are used in the Club (except in bathrooms). Members and guests are not allowed to take photos/videos of other members and/or our Club without seeking permission.
(c) The release of any content that may damage and defame the business will be referred to appropriate authorities.
8. MEMBERSHIP TRANSFERRAL
Your membership may be transferred to another person who is not a current member. However, this will only occur if we agree that your account is up to date, and the person you transfer to:
(a) is eligible and able to become a member
(b) signs a new agreement to become a member for at least the balance of the Minimum Term
(c) agrees that the provisions of clause 1 regarding access and reciprocity will also apply to them
(d) pays membership fees for at least the balance of the Minimum Term, or enters into a Direct Debit Payment Agreement if these Fees are to be paid periodically by direct debit and
(e) pays applicable other fees such as an Access Key Fee and a Joining Fee.
9. MEMBERSHIP FREEZE
9.1 - You may temporarily suspend or freeze your membership for any reason if your payment is up to date. You are not entitled to a freeze if you have signed up for a fixed-term or a 3 months ongoing membership. A 6 months ongoing membership entitles you to freeze your membership twice for free for up to 4 weeks for both periods combined. A 12 months ongoing membership entitles you to freeze your membership 5 times for free for up to 10 weeks combined.
9.2 - We may agree to freeze your membership for more than the period noted in clause 9.1 for medical or hardship reasons, but you must provide us with evidence (such as supporting documents) to our reasonable satisfaction.
9.3 - While your membership is frozen, the Minimum Term will be extended for the same time as the freeze period. Direct debit payments that fall in the freeze period will also be frozen (except for the freeze fee, if applied).
9.4 - A weekly freeze fee may apply. This will be specified on the club's freeze request form.
9.5 - We cannot backdate any time freeze requests. You must request a freeze within reasonable time before the freeze period.
10. TERMINATION OF MEMBERSHIP BY MEMBER
10.1 - Notice
If you need to notify or tell us anything in writing under this clause:
(a) you can give this to us in person, by e-mail or post
(b) it would be useful (but not required) if you complete any standard documentation we may have such as a cancellation form and provide your personal details
(c) if you do not use our standard documentation, your notice must include your name, Club, home address, phone number, email, ID details and signature and explain why you wish to cancel and
(d) you must also attach required proof such as a medical certificate.
10.2 - Cancelling After the Minimum Term
(a) If this is a Fixed Term Agreement, you do not need to do anything, as your membership will end when the Minimum Term ends. We may contact you before your Agreement ends to discuss renewal. If you renew your membership or sign a new agreement before the Minimum Term ends, a joining fee will not apply.
(b) If this is an Ongoing Agreement, it will continue after the Minimum Term unless you tell us in writing at any time (at least 4 weeks) before the end of the Minimum Term that you wish to cancel your membership. Your membership will terminate 4 weeks from your Minimum Term date.
(c) If this is an Ongoing Agreement and it has continued beyond the Minimum Term, you can cancel any time by giving us at least 4 weeks prior written notice. Your membership will terminate 4 weeks from the date you have given us written notice.
10.3 - Cancelling During the Minimum Term
During the Minimum Term, you can cancel your Membership at any time by giving us at least 4 weeks prior written notice and paying a Cancellation Fee (see clause 12.7).
10.4 - Medical Reasons
(a) You can cancel your membership during the term by telling us in writing if you cannot use the facilities and services because you contract a serious illness or a permanent physical incapacity that we reasonably agree to. You must provide professional evidence such as a doctor's certificate or a letter from the hospital that outlines specifically how your condition prevents you from using the facilities. When you provide us with evidence, you agree that we may contact the doctor or other professional for verification purposes.
(b) If you cancel under clause 10.4
(c), we will not charge you an administration fee or cancellation fee. You will be liable for fees incurred, i.e. your membership fees for the time you were a member (calculated on a pro rata basis), the joining fee, the access key fee and fees for services already supplied. Your membership will terminate at the end of monthly billing date and prior to the start of the next monthly billing.
10.5 - Other Reasons
You can also cancel your membership in the following ways within the minimum term if:
(a) we break an essential term and have not fixed this in a reasonable time of you asking us in writing
(b) you have become bankrupt and provide us evidence (such as supporting documents) to our reasonable satisfaction
(c) we change this agreement in a way that adversely affects you (this does not include a variation of fees in the case of a transfer of membership) or (d) you become entitled to cancel under consumer laws.
If you cancel your membership under clause 10.5, you will be liable for fees incurred, i.e. your membership fees for the time you were a member (calculated on a pro rata basis), the joining fee, the access key fee and fees for services already supplied. These fees are not refundable except in very limited circumstances related to clauses 10.5.1 (a) and (d). Otherwise, in all cases, your membership will terminate at the end of the monthly billing date.
11. TERMINATION OF MEMBERSHIP BY US
We may terminate your membership immediately by emailing or contacting you in other forms that we have on our records. Termination of your membership will occur if:
11.1 - You breach any obligation under this agreement or if you breach an obligation that can be fixed but you do not fix it in a reasonable time. If we cancel your membership under this clause, you will be liable for fees incurred, i.e. your membership fees for the time you were a member (calculated on a pro rata basis), the joining fee, the access key fee and fees for services already supplied. We may also charge a cancellation fee and recover costs, loss or damages caused by your breach.
11.2 - You have failed to inform us that you are bankrupt or insolvent and are unable to pay applicable fees at the time of signing. If you believe you will be unable to pay your membership fees for an extended period, this must be notified to us promptly. We may cancel your membership if you become bankrupt or insolvent. If we cancel your Membership under this clause, you will still be liable for fees incurred, i.e. your membership fees for the time you were a member (calculated on a pro rata basis), the joining fee, the access key fee and fees for services already supplied (unless 10.5.b is applicable).
12.1 - General
(a) The fees you have to pay are set out in the details of the relevant clauses. Some rights and obligations that apply in relation to particular fees are set out in this clause.
(b) If you do not make any payment when it is due, your membership may be suspended and you could be refused access to the Club and to our facilities and services until all outstanding amounts have been paid.
(c) Your membership may also be terminated if any fees remain unpaid for an extended period. You will still be liable for all unpaid amounts and the matter may be referred to an external collection agency. A cancellation fee may also apply.
12.2 - Joining Fee
We will charge you a joining fee to cover the set up costs for your membership. This is not refundable except in very limited circumstances related to clauses 2 and 10.5.1 (a) and (d).
12.3 - Pro-Rata Fee
If you pay by direct debit and your start date begins after the first day of the relevant direct debit payment period, you will only be charged the applicable portion of the periodic direct debit amount. The same applies if you have a Fixed Term Agreement and the direct debit payment period ends after the last day of the agreement.
12.4 - Access Key Fee
This is the fee charged to buy an access key. This is not refundable except in very limited circumstances related to clauses 2 and 10.5.1 (a) and (d). If you need a replacement access key, a replacement access key fee will apply.
12.5 - Membership Fee
(a) If this is a Fixed Term Agreement you must pre-pay your membership fees (i.e. pay them up front) when you sign this agreement,
(b) If this is an Ongoing Agreement, you must pay membership fees periodically in advance until your agreement ends.
12.6 - Freeze Fee
This is the fee charged to suspend or freeze your membership by your request. A weekly freeze fee may apply.
12.7 - Cancellation Fee
(a) A cancellation fee is payable if you want to cancel your membership for your convenience within the Minimum Term. It is an amount equal to 50% of the balance of your membership fees for the remainder of the Minimum Term or a sum equal to 4 weeks membership fees (whatever is the higher).
(b) A cancellation fee may (at our reasonable discretion) also be payable by you if your membership was terminated by us.
12.8 - Failed Payment Fee
(a) If you do not pay a fee or other amount you owe when due, we can suspend your membership until all amounts have been paid. This is in addition to our other rights under this agreement. Other consequences may also apply with respect to late or rejected direct debit payments.
(b) Fees and charges continue to accrue during a suspension.
12.9 - Fee Changes
During the Minimum Term:
(i) Your membership fees will not be increased
(ii) Other fees may, however, be varied.
After the Minimum Term, all fees may be increased. Although we are not required to do so, we will make reasonable efforts to notify you of any fee changes. If your fees are varied, you authorise any debits from your nominated account to also be varied.
13. DIRECT DEBIT
13.1 - Direct Debit Payment Agreement
(a) If you pay any fees, including ongoing membership fees, by direct debit, then this will be through our third-party biller.
(b) Debit dates are preset for all members. If one falls on a public holiday, your fee may be debited from your account on the next business day.
(c) Debits might take up to 2-3 days to process.
13.2 - Authority to Deduct Fees
By signing a Payment Authority Form and nominating a credit or debit account, you authorise our Biller, to deduct from that account all fees and other charges you are responsible for under this Agreement. You are responsible for keeping your account details up to date.
13.3 - Late or Rejected Direct Debit Payments
(a) You must ensure there is sufficient funds in your nominated account on the usual payment, or the next working day if that falls on a day when banks do not process payments.
(b) If there is not enough funds in your nominated account on the usual payment day, or there is another reason that your account was unable to be debited (except one within the Biller's control), you will be charged the Biller's Administration Fee. This will be added to your next debit amount. Prior arrears may also be included.
(c) You authorise our Biller to deduct any unpaid arrears outstanding on your account.
(d) Your bank or credit provider may charge you a fee for overdrawing your account if you do not have enough money in your account when payment is due.
(e) We will make reasonable efforts to inform you when a payment is overdue or has been rejected. If the balance is not paid in full, your access key may become temporarily blocked. Failure to respond to a dishonour notice within a month period will result in a continuation of collection proceedings through an external collection agency.
14. OTHER SERVICES
There may be other services, including personal training services, offered at the Club by us, contractors, licensees and others which are offered separately and/or in addition to services provided under this agreement. You will need to pay applicable fees directly to the providers of the services and agree to separate terms and conditions. We are not responsible for these third party provided services including fees or any associated costs, claims or refunds, unless they are provided by us.
15. PERSONAL TRAINING
All terms and rules as part of your Agreement still apply to personal training clients
15.1 - General Terms & Bookings
When you agree to receive personal training services, you accept the personal training fees and the responsibility of directly scheduling your appointments with your personal trainer. All personal training clients are required to sign on their personal trainer's session tracking document after the completion of each session.
15.2 - Payments
All payments must be made at least 7 days in advance prior to the start of the first personal training session by purchasing a 10 sessions package. Before your last personal training sessions, personal trainers may discuss your renewal of the personal training package. Proof of payment must be sent to the personal trainer to secure your time for personal training.
15.3 - Cancellations
If a client is to cancel or reschedule any previously scheduled appointment, the client must contact the personal trainer directly at least 24 hours in advance of the scheduled appointment. Failure to cancel with the above stated timeframe or failure to show up for a scheduled session will result in the client being charged for that personal training session (100% forfeit). Cancellations with more than 24 hours notice may be rescheduled at the discretion of the personal trainer.
15.4 - Expiration
Each personal training package will expire after 3 months from the first session of when the package commences. Any sessions that remain after this expiration date will be forfeited. If a refund is requested within the expiration date of 3 months, 50% of the remaining personal training session fee will be refunded. Within the 3 months expiration date, if a client is unable to continue personal training due to medical reasons, the client has the option of the 50% refund or transferring their remaining sessions to a family member.
16. CHANGES TO YOUR AGREEMENT, TERMS OR CLUB RULES
We may sometimes make changes to this Agreement, including our Club Rules. If any amendment significantly reduces the benefits of your membership, you have the right to terminate your membership under the clause 10.5.c. We will make reasonable efforts to inform you of any change in advance, including when it will take effect.
16.1 - Club Rules
Club Rules apply to everyone using the facilities and services. They are usually displayed in the Club. We reserve the right to amend the Club Rules. Updated Club Rules will be published on our website. Club Rules form part of this agreement so you must make sure you read, understand and follow them at all times. If you breach any of the Club Rules, action will be taken in a way that we consider fair and appropriate. For example, in less serious cases, we may give you a warning. In serious cases or where you have repeatedly breached Club rules, we may suspend or cancel your Membership. If your breach causes us or another person costs, loss or damages, we may recover these costs and expenses.
Under the Australian Consumer Law (ACL) we guarantee that the services we supply:
(i) are rendered with due care and skill and
(ii) are reasonably fit for any purpose which you have made known
(iii) are supplied in a reasonable time.
Under certain legislative provisions, however, we can ask you to accept some limitations to the ACL guarantees. If you sign this Agreement, you agree, to the extent allowed by section 139A of the Competition and Consumer Act (CCA), to exclude, limit or modify our liability to you for death, injury, loss or damage from our failure to comply with ACL guarantees. This exclusion does not apply if your death or injury is caused by our "reckless conduct" (as defined in the CCA).
Nothing in this Agreement excludes, restricts or modifies any terms, conditions, warranties, guarantees, rights or remedies which cannot lawfully be excluded, restricted or modified. Otherwise, unless expressly included in this Agreement, all implied terms, conditions, warranties, guarantees, rights or remedies that can be lawfully excluded are excluded. We are not liable for death or injury caused by our negligence or breach of implied terms that services will be provided with reasonable care and skill at common law. This does not exclude our liability for reckless conduct.
18. CLUB CLOSURES
We may need to close our Club temporarily due to an emergency, or if required by a court order or by law. Other reasons may include cleaning, repairs, upgrades, maintenance and special functions.
We do not reduce your membership fees because our club is closed for refurbishment or public holidays. We will try, but cannot promise we will be able to tell you about the Club closure in advance. If your Club is not available for more than seven days in a row, credit will be given to your membership account on the basis that you have not used any other Clubs during that time. In some cases, you will be provided access to another Club for the closure period. These offers will be applied at discretion of the Club.
19. GENERAL LEGAL MATTERS
19.1 - Unexpected Events
We are not responsible if members cannot use our Club because of an event caused by a natural force (such as a fire or a flood) or a road or building closure or something similar beyond our reasonable control. If this continues for more than 30 days, then either you or we may cancel this Agreement immediately by written notice. No fees will apply.
19.2 - Severability
If a court decides that any part of this Agreement is or becomes illegal, void or unenforceable, the remaining terms are still effective.
19.3 - Waiver
If we do not enforce our rights under this Agreement at any time, it does not mean that we may not do so in future.
19.4 - Entire Agreement
You agree that we have not made any representations or promises that you have relied on that are not outlined in this Agreement.
19.5 - Applicable Law
The law of the state/territory set out in the Details applies to this Agreement.