1. ENTERING AN AGREEMENT
When you become a member of Teambros Fitness Club, Team Bros Pty Ltd and/or TB Fitness Pty Ltd, you will be required to provide personal information as outlined in the membership agreement, along with photographic identification for security purposes. If you join under a specific promotion or offer, such as a corporate membership, you must also provide proof of eligibility. Upon successful registration, you will be issued an access key that enables you to enter and use our facilities and services.
2. COMFORT GUARANTEE (COOLING OFF)
2.1 - You may cancel your membership agreement within the comfort guarantee period, which is one (1) day from the date you sign the initial membership agreement. The comfort guarantee period begins on the day the agreement is signed and ends at 11:59 PM on the following day. To cancel within this period, you must provide written notice before the deadline. Cancellation is only effective once a signed cancellation form is submitted, either in person or by email, within the comfort guarantee period.
2.2 - If you cancel your membership during the comfort guarantee period, a fee of $100 per gym visit will be charged for each visit made during that time. All other fees, including the joining fee, access key fee, and membership fee, will be refunded. The return of the access key is mandatory. If the access key is lost or damaged, the access key fee will not be refunded.
2.3 - If you sign and submit the cancellation form after the comfort guarantee period has ended, you will be deemed to have accepted your membership and will be required to comply with all terms and conditions of the 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 all required documents, including the membership agreement and health questionnaire. The parent or legal guardian must also provide personal information, including photographic identification and current contact details, for verification and record-keeping purposes. By signing on behalf of the minor, the parent or guardian also accepts responsibility for ensuring that the minor exercises safely, pays their membership fees, and complies with all terms and conditions of membership.
3.2 - Members under the age of 18 are strongly encouraged to access the gym during staffed hours to promote their safety and wellbeing. While Teambros Fitness Club takes reasonable steps to maintain a safe environment, all members use the facilities at their own risk. To the extent permitted by law, Teambros Fitness Club is not liable for any injury, loss or damage suffered by a member except where such liability cannot be excluded under applicable law.
3.3 - Failure to comply with this Minimum Age Policy may result in disciplinary action, including suspension or termination of membership, at our discretion.
3.4 - Transfer of Responsibility at Age 18
If a member who joined as a minor reaches the age of 18, they will continue their membership under this agreement in their own capacity. Continued use of the facilities after turning 18 constitutes acceptance of this agreement by the member. From the date the member turns 18, all rights and obligations under this agreement become the responsibility of the member. The parent or legal guardian will have no ongoing responsibility under this agreement from that date, except for any outstanding fees, liabilities, or breaches incurred prior to the member turning 18.
4. HEALTH AND SAFETY
4.1 - Physical Condition
(a) On the date you enter into this agreement, and each time you use the facilities or services of Teambros Fitness Club, you warrant that you are in good physical condition and that you are not aware of any medical or other condition that would prevent you from exercising safely.
(b) Our staff and contractors are not medically qualified and cannot assess whether you are physically fit to exercise. If you have any doubts or concerns about your health, you must refrain from using our facilities and services until you have obtained appropriate medical advice and clearance.
(c) You agree to provide true, accurate, and complete personal, health, and fitness information before and during your participation in any exercise program or activity. You acknowledge that we rely on the information you provide when permitting your use of the facilities and services.
(d) You use our facilities and services at your own risk. You must not use the facilities or services if you are suffering from any illness, disease, injury, or other condition that could pose a risk to your own health or safety, or to the health and safety of other members, guests, staff, or contractors.
(e) Teambros Fitness Club is not responsible for any loss, injury, or damage arising from your own negligence or failure to comply with these health and safety terms. We reserve the right to suspend or terminate your membership if we reasonably believe you have not complied with this section.
4.2 Emergencies
Each club has an established emergency or crisis response procedure, which is displayed or implemented as needed and must be followed during emergencies. As a member, you are required to comply with any reasonable instructions from club staff regarding health, safety, security, or related matters.
5. APPROPRIATE & ACCEPTABLE CONDUCT
In addition to these terms, all members must comply with the Club Rules, as amended from time to time.
5.1 - Proper Use of Equipment & Damage
Members must use all facilities, equipment, and services in a safe, responsible, and respectful manner and must not engage in conduct that poses a risk to the health or safety of any person. If you are unsure how to correctly operate any equipment, you must seek assistance from staff before use. Teambros Fitness Club is not responsible for injuries or loss resulting from a member’s misuse or improper use of equipment. Any member who causes damage to property, gym equipment, accessories, or facilities, whether intentionally or through negligence, will be financially responsible for the reasonable cost of repair or replacement as determined by Teambros Fitness Club. Without limitation, the following are strictly prohibited:
• Throwing, dropping, or slamming weights, plates, dumbbells, barbells, or machines
• Deliberately or recklessly damaging equipment
• Using equipment in a manner inconsistent with its intended purpose
Any breach of this clause constitutes a breach of this agreement and may result in immediate suspension or termination of membership.
5.2 - Prohibited Activities
If you engage in behaviour or activities that we reasonably consider to be unsafe, inappropriate, unlawful, or in breach of these Terms and Conditions or any applicable law, we may take disciplinary action. This may include suspension or termination of your membership, the application of a cancellation or termination fee where permitted under this agreement, a ban on rejoining Teambros Fitness Club, and/or referral to appropriate authorities. Examples of prohibited behaviour include, but are not limited to, harassment, abusive or threatening conduct towards members or staff, deliberate damage to property, defamation, and the possession, use, or distribution of illicit substances. If your conduct causes loss, damage, or expense to us or to another person, you agree to be responsible for all reasonable costs, losses, or damages incurred as a result of your actions. Members and visitors must not engage in the following activities and must not permit another person to do so on their behalf:
(a) Posting, transmitting, or otherwise making available any content or information that is false, misleading, or inaccurate about Teambros Fitness Club.
(b) Posting, transmitting, or making available any content or information that is unlawful, threatening, abusive, harassing, obscene, invasive of privacy, or otherwise constitutes a criminal offence.
(c) Posting, transmitting, or making available any content or information that infringes intellectual property rights, including patents, copyrights, trademarks, or other proprietary rights of Teambros Fitness Club or any third party.
(d) Posting or distributing unsolicited or unauthorised advertising or promotional material.
(e) Interfering with, disrupting, or unreasonably limiting the use and enjoyment of the Club by other members.
(f) Breaching the privacy or legal rights of other members, including by collecting, recording, or storing personal information without consent or in breach of clause 7.4(b) or applicable privacy laws.
(g) Interfering with or disrupting the security, systems, or operation of the Club, including introducing software, code, or other technology that may compromise systems, data, or personal information.
(h) Engaging in conduct that defames, libels, or brings into disrepute Teambros Fitness Club, its staff, contractors, or other individuals, including by deliberately publishing false or misleading statements online or through other means.
5.3 - Drugs, Alcohol & Smoking
The possession, use, or distribution of illegal drugs, performance-enhancing substances, alcohol, tobacco products, e-cigarettes, or vaping devices is strictly prohibited on the premises of Teambros Fitness Club. Any suspected unlawful activity or breach of this clause may result in disciplinary action, including suspension or termination of membership, and may be reported to law enforcement authorities where appropriate.
Where smoking or vaping results in additional cleaning, deodorising, or remediation costs, the member may be charged a reasonable fee of up to $300 to cover those costs. If smoking or vaping activates a fire alarm or emergency response, the member will be responsible for all reasonable costs incurred, including any fire service call-out fees, alarm reset fees, or charges imposed by building management or emergency services.
5.4 - Commercial Activities
Members must not engage in any commercial or business activities at Teambros Fitness Club, including offering personal training services or selling goods, unless prior written permission is granted by us. Any such permission may be withdrawn at our discretion, acting reasonably, at any time.
5.5 - Appropriate Clothing
All members and guests must wear appropriate clothing and enclosed athletic footwear in all exercise areas. Clothing displaying offensive imagery, language, or inappropriate advertising is not permitted.
6. SECURITY
6.1 CCTV Cameras and Surveillance
Teambros Fitness Club premises are monitored by CCTV systems, which operate during club hours, excluding bathrooms and change rooms. The Club may also use remote video monitoring or other security services for security and safety purposes. CCTV footage is used to assist with security, safety, and incident investigation. While reasonable security measures are in place, CCTV does not guarantee protection against harm, theft, or loss. If you have any questions regarding CCTV or surveillance practices, please contact the Club.
6.2 - Access Key
(a) You must use your own access key to enter the premises and must tap it each time you enter Teambros Fitness Club. You must not allow another person to enter the Club using your access key, nor may you follow another person into the Club or allow a non-member to enter. Any form of tailgating or unauthorised access may result in a $100 fee, per incident.
(b) If you forget your access key, you may request entry during staffed hours only by presenting valid photo identification to a staff member. Granting access in these circumstances is at the discretion of staff, acting reasonably. You must not ask or expect another member to grant you access at any time.
(c) You must not permit any person to enter Teambros Fitness Club without prior staff approval, nor allow anyone else to use your access key. This includes friends or family members, even if they are current members. Memberships are individual, and access keys must only be used by the registered member. Any breach of this condition may result in a $100 charge per person, per visit, and may lead to suspension or termination of membership for repeated or serious breaches.
(d) If your access key is lost or stolen, you must notify us as soon as reasonably practicable and request a replacement within 14 days. Failure to do so may result in temporary refusal of access. A replacement access key fee will apply.
(e) Access keys are non-transferable. Access key fees are non-refundable, except where required by law.
7. PRIVACY
7.1 - General Consent
When you apply for membership, you are required to provide personal information, which may include contact details, health-related information, and payment details. Teambros Fitness Club collects, uses, stores, and discloses personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. By signing this membership agreement, you acknowledge and consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy, which is available on our website. The Privacy Policy contains further information about how you may access or correct your personal information and how privacy complaints are handled.
7.2 - Up-to-Date Information
You are responsible for ensuring that your contact details, payment details, and other relevant personal information are kept accurate and up to date. This includes notifying us of any changes to information that may affect your health, safety, or ability to safely use the facilities.
7.3 - Use of Images and Recordings
From time to time, photographs, video, or audio recordings may be taken within the Club for promotional, marketing, or operational purposes. Where a member is identifiable, consent will be obtained prior to use, which may be written or verbal depending on the circumstances.
By signing this agreement, you consent to Teambros Fitness Club, Team Bros Pty Ltd, and TB Fitness Pty Ltd using your image, voice, or likeness for promotional or business-related purposes, provided such use is lawful and consistent with our Privacy Policy. You may withdraw consent for future use at any time by notifying us in writing.
7.4 - Unauthorised Photography, Recording and Distribution
(a) Members and guests must not use, reproduce, distribute, or publish any photographs or video content owned by Teambros Fitness Club without prior written permission. Unauthorised use may result in disciplinary action and may be referred to appropriate authorities where required by law.
(b) Members and guests must not take photographs or videos of other members, guests, or staff without their prior consent. Any unauthorised recording or distribution that breaches privacy or legal rights may result in disciplinary action, including suspension or termination of membership.
(c) The publication or distribution of content that is false, misleading, defamatory, or harmful to the reputation of Teambros Fitness Club, its staff, or members may result in disciplinary action and may be referred to appropriate authorities where appropriate.
8. MEMBERSHIP TRANSFERRAL
Your membership may be transferred to another person who is not a current member, subject to our approval. A transfer will only be permitted if your account is up to date and the person receiving the transfer:
(a) is eligible and able to become a member;
(b) signs a new membership agreement for at least the remaining balance of the Minimum Term;
(c) agrees to be bound by all terms and conditions of this membership agreement.
(d) agrees to pay membership fees for the remainder of the Minimum Term by entering into a Direct Debit Payment Agreement where fees are paid periodically; and
(e) pays all applicable fees, including an access key fee.
A membership transfer is only permitted where a Minimum Term remains. A membership that has already been transferred once may not be transferred again, even if a Minimum Term remains. A transferred membership cannot be transferred back to the original member. The original member must attend the Club in person with the individual to whom the membership is being transferred in order to complete the transfer process.
The membership start date for the incoming member will commence from the next billing cycle, where the original member has already paid for the current membership period. No funds will be transferred, and no refunds will be issued for any amounts already paid by the original member.
9. MEMBERSHIP FREEZE
9.1 - Requesting a Freeze
To request a membership freeze, you must complete and submit the official freeze request form provided by Teambros Fitness Club. The form must be submitted in person or via email at least 7 days prior to the requested freeze start date. Requests made by phone call, text message, email without the required form, or any other method will not be accepted.
9.2 - Eligibility and Entitlements
You may request a temporary suspension or freeze of your membership for any reason, provided your account is up to date. Freeze eligibility is as follows:
(a) Fixed-term memberships and 3-month ongoing memberships are not eligible for a freeze.
(b) A 6-month ongoing membership entitles you to two complimentary freezes, up to a combined total of 4 weeks.
(c) A 12-month ongoing membership entitles you to up to five complimentary freezes, up to a combined total of 10 weeks.
(d) All freezes are processed in whole-week increments only.
9.3 - Maximum Freeze Period
In any 12-month period, we are not obliged to approve freezes totalling more than three (3) months. While your membership is frozen, the Minimum Term will be extended by the same duration as the approved freeze period.
9.4 - Medical or Hardship Freezes
We may approve a freeze exceeding the limits set out in clause 9.3 for medical or hardship reasons, subject to you providing supporting documentation to our reasonable satisfaction.
Where the request is for medical reasons, a medical certificate must be provided and must specify the recommended freeze period as determined by a registered medical practitioner. A weekly freeze fee may apply.
9.5 - Freeze Fees
A weekly freeze fee applies to any freeze period that exceeds the complimentary entitlement. The applicable freeze fee will be clearly specified on the Club’s freeze request form.
9.6 - No Backdating
Freeze requests cannot be backdated under any circumstances.
9.7 - Reactivation During a Freeze
Your membership will automatically reactivate if you access or use the Club during an approved freeze period. Billing will be adjusted accordingly, either from the date you resume usage or applied to your next billing cycle. Any freeze weeks approved or applied (including complimentary freeze weeks), whether in whole or in part, are forfeited and will not be reinstated or credited if the membership reactivates early.
9.8 - No Freeze During Cancellation Notice Period
A membership freeze cannot be requested, approved, or applied during any four (4) week notice period for cancellation under clause 10. Where a member submits a cancellation request, the membership must remain active and fees will continue to be payable for the full notice period, regardless of any unused freeze entitlements. Any freeze request submitted after a valid cancellation notice has been received will be declined.
10. TERMINATION OF MEMBERSHIP BY MEMBER
10.1 - Notice Requirements
If you are required to give notice under this clause, you must do so in writing:
(a) Notice may be submitted in person or via email.
(b) You must complete any standard documentation we require, including a cancellation form, and provide your personal details.
(c) If you do not use our standard documentation, your notice must include your full name, Club location, residential address, phone number, email address, identification details, signature, and the reason for cancellation.
(d) Where required, you must provide supporting documentation, such as a medical certificate.
10.2 - Cancelling After the Minimum Term
(a) If you are on a Fixed Term Agreement, your membership will automatically end at the conclusion of the Minimum Term and no further action is required. We may contact you prior to expiry to discuss renewal. If you renew or enter into a new agreement before the Minimum Term ends, a joining fee will not apply.
(b) If you are on an Ongoing Agreement, your membership will continue beyond the Minimum Term unless you provide written notice in accordance with clause 10.1. Your membership will terminate four (4) weeks from the later of the end of the Minimum Term; or the date we receive your completed cancellation form.
(c) If your Ongoing Agreement has already extended beyond the Minimum Term, you may cancel at any time by providing at least four (4) weeks’ written notice. Your membership will terminate four (4) weeks from the date we receive your notice in accordance with clause 10.1.
10.3 - Cancelling During the Minimum Term
If you are on an Ongoing Agreement, you may cancel your membership during the Minimum Term at any time by providing written notice in accordance with clause 10.1 and paying the Cancellation Fee set out in clause 12.7. The Cancellation Fee is payable on the date the cancellation form is submitted. Unless otherwise stated, the termination date will be the date we receive your completed cancellation form.
If you are on a Fixed Term Agreement paid upfront in full, you may request cancellation during the Minimum Term, however no refund or credit is payable for unused time except where required by law or expressly permitted under this agreement (see clauses 10.4, 10.5 and 12.11).
10.4 - Medical Reasons
(a) You may cancel your membership during the Minimum Term only if you suffer a serious illness or permanent physical incapacity that permanently and indefinitely prevents you from using the facilities and services of Teambros Fitness Club. Temporary illness, injury, or conditions from which recovery is possible do not qualify under this clause.
You must provide independent professional medical evidence, such as a medical certificate or hospital letter, which clearly states that your condition permanently prevents you from ever safely using gym facilities. By submitting such evidence, you consent to Teambros Fitness Club contacting the relevant healthcare professional solely for verification purposes, where reasonably necessary.
(b) Ongoing Agreements
Where cancellation is approved under clause 10.4(a) and the membership is an Ongoing Agreement, no administration or cancellation fee will apply. The member remains liable for all fees incurred up to the cancellation date, including membership fees calculated on a pro-rata basis, the joining fee, the access key fee, and fees for services already supplied. The membership will terminate immediately upon approval.
(c) Fixed Term Agreements paid upfront
Where cancellation is approved under clause 10.4(a) and the membership is a Fixed Term Agreement paid upfront in full, the member will be entitled to a refund equal to 50% of the unused portion of the membership fee, calculated from the date the completed cancellation request and required medical evidence are received. The member remains liable for fees relating to services already supplied, including the joining fee and access key fee. The membership will terminate immediately upon approval.
10.5 - Other Grounds for Cancellation
You may cancel your membership during the Minimum Term if:
(a) we breach an essential term of this agreement and fail to remedy the breach within a reasonable time after receiving written notice from you;
(b) you become bankrupt and provide supporting evidence to our reasonable satisfaction;
(c) we vary this agreement in a way that materially disadvantages you (excluding fee variations); or
(d) you are otherwise entitled to cancel under Australian Consumer Law.
If you cancel under this clause, you will be liable for fees incurred up to the cancellation date, including membership fees calculated on a pro-rata basis, the joining fee, the access key fee, and fees for services already supplied. These amounts are not refundable, except where required by law. Your membership will terminate immediately or at the end of the current billing period, as applicable.
11. TERMINATION OF MEMBERSHIP BY US
We may terminate your membership by providing notice to you by email or using other contact details recorded on your membership account. Termination may take effect immediately, subject to the circumstances set out below.
11.1 - Breach of Agreement
We may terminate your membership if you breach any obligation under this agreement, or if you breach an obligation that is capable of being remedied and fail to remedy that breach within a reasonable time after being notified. For the purposes of this clause, serious misconduct includes (without limitation) unsafe or reckless conduct, deliberate or negligent damage to equipment or facilities, or repeated breaches of the Club Rules. Where a membership is terminated due to a member’s serious misconduct or breach of the Club Rules, no refund or credit will be provided for any unused portion of the membership, except where required by Australian Consumer Law.
If your membership is terminated under this clause:
(a) you will remain liable for fees incurred up to the termination date, including membership fees calculated on a pro-rata basis, the joining fee, the access key fee, and fees for services already supplied; and
(b) we may charge a cancellation fee, where permitted under this agreement, and recover any reasonable costs, losses, or damages suffered as a result of your breach.
11.2 - Bankruptcy, Insolvency and Unpaid Fees
If you become bankrupt or insolvent, or if membership fees or other amounts remain unpaid, we may take appropriate action in accordance with this agreement. This may include terminating your membership and/or referring the outstanding debt to an external debt collection agency, as set out in clause 13.3.
If your membership is terminated under this clause, you will remain responsible for fees incurred up to the termination date, including pro-rated membership fees, the joining fee, the access key fee, and fees for services already supplied, unless clause 10.5(b) applies.
Where a membership is terminated and outstanding amounts remain unpaid, you may be restricted from rejoining Teambros Fitness Club until all outstanding amounts are paid in full.
11.3 – Immediate Termination for Serious Misconduct
We may immediately suspend or terminate your membership, without prior notice or opportunity to remedy, where we reasonably believe your conduct:
(a) poses a risk to the health or safety of any person;
(b) involves reckless, dangerous, or aggressive use of equipment;
(c) causes or is likely to cause damage to equipment, property, or facilities; or
(d) results in multiple complaints from other members or staff.
In these circumstances, termination may take effect immediately, and you will not be entitled to any refund, except where required by Australian Consumer Law.
12. FEE
12.1 - General
(a) The fees payable by you are set out in this agreement and the relevant membership details. Certain rights and obligations relating to specific fees are described in this clause.
(b) If any payment is not made when due, we may suspend your membership and refuse access to the Club, facilities, and services until all outstanding amounts are paid.
(c) If fees remain unpaid for an extended period, your membership may be terminated. You will remain liable for all unpaid amounts, and the debt may be referred to an external debt collection agency. A cancellation fee may also apply where permitted under this agreement.
12.2 - Joining Fee
A joining fee is charged to cover the set-up costs of your membership. The joining fee is non-refundable, except in limited circumstances under clause 2 or where required by law. The joining fee may be waived if you rejoin Teambros Fitness Club within six (6) months of your termination date, provided there have been no breaches of this agreement.
12.3 - Pro-Rata Fees
If your membership commences after the start of a billing period, you will be charged a pro-rata amount for that period.
12.4 - Access Key Fee
An access key fee is charged for the issue of an access key. This fee is non-refundable, except in limited circumstances under clause 2 or where required by law. If a replacement access key is required, a replacement access key fee will apply. Access keys are non-transferable.
12.5 - Membership Fees
(a) If this is a Fixed Term Agreement, membership fees must be paid in advance at the time you enter into the agreement.
(b) If this is an Ongoing Agreement, membership fees must be paid periodically in advance by direct debit from a nominated bank account until the agreement is terminated in accordance with clauses 10.2 and 10.3.
12.6 - Freeze Fee
A weekly freeze fee may apply where you request to temporarily suspend or freeze your membership, as set out in clause 9.
12.7 - Cancellation Fee
This clause 12.7 applies to Ongoing Agreements only and does not apply to Fixed Term Agreements paid upfront in full, which are governed by clause 12.11.
(a) If you cancel your membership for convenience during the Minimum Term, a cancellation fee will apply. The cancellation fee will be the greater of: 50% of the remaining membership fees payable for the balance of the Minimum Term; or an amount equal to one (1) month’s membership fee.
This cancellation fee represents a genuine pre-estimate of the costs and losses incurred as a result of early termination.
(b) A cancellation fee may also apply, acting reasonably, where your membership is terminated by us due to your breach of this agreement, except where termination occurs due to our breach or where cancellation is required by Australian Consumer Law.
12.8 - Failed Payment Fee
(a) If you fail to pay a fee or amount when due, we may temporarily suspend your membership until all outstanding amounts are paid. This is in addition to any other rights we have under this agreement. Additional consequences relating to late or rejected direct debit payments may apply in accordance with the direct debit agreement with our third-party billing provider.
(b) Fees and charges will continue to accrue during any period of suspension.
(c) A failed payment fee applies each time a payment attempt is unsuccessful. Where a payment is declined or dishonoured, a failed payment fee of up to $2 will be added to your account each time we attempt to process or reprocess the payment and that attempt fails, including the initial failed payment and every subsequent reprocessing attempt, to cover administrative and processing costs.
(d) Failed payment fees are cumulative and will continue to accrue until the outstanding payment is successfully collected.
(e) Failed payment fees are charged in addition to any fees or charges imposed by your bank, financial institution, or our third-party billing provider in connection with a failed or dishonoured payment.
12.9 - Unauthorised Usage of Access Key & Tailgating Fee
As set out in clause 6.2, you must use only your own access key to enter the Club and must not allow any other person to enter the premises using your access key, nor engage in or permit tailgating. If you breach this requirement, we may charge a fee of $100 per unauthorised person, per visit. Repeated or serious breaches may also result in suspension or termination of your membership in accordance with this agreement. CCTV footage and access control records may be used to identify and verify unauthorised access or tailgating incidents, in accordance with our Privacy Policy and applicable laws.
12.10 - Fee Changes
During the Minimum Term:
(a) your membership fees will not be increased; and
(b) other fees may be varied.
After the Minimum Term has been met, all fees, including membership fees, may be adjusted to our then-current rates. For example, if you commenced on a 12-month ongoing membership, your fee may increase to the current applicable rate for that membership type. Although we are not required to provide prior notice, we will use reasonable efforts to notify you of any changes to fees. You authorise the debit of any revised fees from your nominated account.
12.11 – Fixed-Term Upfront Memberships
Where a membership is a Fixed Term Agreement and is paid upfront in full, the membership fee is payable for the entire Minimum Term and is non-refundable once the statutory cooling-off period has expired. If a member cancels, suspends, or otherwise ceases to attend or use the Club during the Minimum Term for change of mind or personal reasons, no refund or credit will be provided for any unused or remaining portion of the membership term, except where required by law or expressly permitted under this agreement. This clause does not limit or exclude any rights or remedies available under the Australian Consumer Law.
13. DIRECT DEBIT
13.1 - Direct Debit Payment Agreement
(a) If you elect to pay any fees, including ongoing membership fees, payment must be made by direct debit from your nominated bank account and will be processed through our third-party billing provider. You must also provide a valid credit or debit card as a secondary payment method.
(b) Debit dates are preset for all members. If a scheduled debit date falls on a public holiday or other non-processing day, the debit may be processed on the next business day.
(c) Direct debit transactions may take two (2) to three (3) business days to process.
13.2 - Authority to Deduct Fees
By signing a Payment Authority Form, you authorise our billing provider to debit your nominated bank account for all membership fees and other amounts payable under this Agreement.
If a payment from your nominated bank account is unsuccessful or cannot otherwise be processed, we will make reasonable efforts to notify you and resolve the outstanding payment. If the payment remains outstanding, including where we are unable to contact you or do not receive payment or alternative payment instructions from you within a reasonable period, you authorise our billing provider to charge the outstanding amount to your nominated credit or debit card.
Your nominated credit or debit card may also be charged in any other circumstances expressly permitted under this Agreement, including for any applicable fees payable under this Agreement.
You are responsible for ensuring that your nominated bank account and credit or debit card details are accurate and kept up to date.
We will provide you with a copy of the terms and conditions applicable to the direct debit service. Those terms and conditions are separate from this Agreement and may give you additional rights and obligations.
13.3 - Late or Rejected Direct Debit Payments
(a) You are responsible for ensuring that sufficient cleared funds are available in your nominated bank account on the scheduled debit date or, where the scheduled debit date falls on a non-processing day, on the next business day.
(b) If a payment is rejected, dishonoured or otherwise unsuccessful for a reason other than an error within our or our billing provider’s control, you may be charged any applicable failed payment fee under this Agreement and any administration or dishonour fee charged by our billing provider. Any such fees, together with any outstanding amounts, may be added to your next debit or otherwise collected in accordance with this Agreement.
(c) Your bank or financial institution may separately charge you fees if a payment is dishonoured, your account is overdrawn, or there are insufficient funds available when a payment is processed. We are not responsible for any such fees.
(d) We will make reasonable efforts to notify you if a payment is rejected, unsuccessful or overdue. If the outstanding amount is not paid within five (5) days after we first notify you, we or our billing provider may reprocess the payment using your nominated bank account or, in accordance with clause 13.2, your nominated secondary payment method.
(e) Where permitted under this Agreement, a failed payment fee may apply to the initial unsuccessful payment and to any subsequent unsuccessful reprocessing attempt. This fee is separate from, and may be charged in addition to, any fees imposed by your bank, financial institution or our third-party billing provider.
(f) Subject to our obligations under this Agreement and applicable law, we or our billing provider may continue to attempt to collect any outstanding amount using your authorised payment methods until the outstanding balance is paid in full.
(g) If any amount remains outstanding, we may temporarily suspend your access key until the outstanding balance is paid. If the outstanding balance remains unpaid for three (3) months despite reasonable attempts to contact you and recover the amount owing, we may refer the outstanding balance to an external debt collection agency.
13.4 – Chargebacks and Reversed Payments
If you dispute a transaction with your bank, card issuer, or financial institution and initiate a chargeback or payment reversal, and the disputed funds are returned to you, this does not cancel, suspend, or void your membership agreement or your obligation to pay fees due under this agreement.
Where a chargeback or payment reversal results in fees, penalties, administration charges, or other costs being charged to us by our third-party billing provider, payment processor, bank, or financial institution, you agree to reimburse us for those reasonable costs.
Any such chargeback-related fees may be added to your membership account and are payable by you in addition to any outstanding membership fees, unless the chargeback was caused by an error on our part or where recovery is prohibited by law.
14. OTHER SERVICES
The Club may offer additional services, including personal training, through Teambros Fitness Club, contractors, licensees, or third-party providers. These services may be offered separately from, or in addition to, the services provided under this agreement. Fees for such services must be paid directly to the service provider, and you will be required to agree to separate terms and conditions applicable to those services. Except where services are provided directly by us, Teambros Fitness Club is not responsible for any third-party services, including fees, costs, claims, cancellations, or refunds.
15. PERSONAL TRAINING
All applicable terms and conditions of this Membership Agreement continue to apply to members who participate in personal training services, whether those services are provided directly by Teambros Fitness Club or independently by an independent contractor operating from the Club.
For the avoidance of doubt, personal training services provided by an independent contractor are separate from the personal training services provided by Teambros Fitness Club and may be subject to separate terms and conditions between the member and the independent contractor.
15.1 - General Terms & Bookings
By agreeing to receive personal training services, you accept the applicable personal training fees and acknowledge that you are responsible for scheduling appointments directly with your personal trainer. All personal training clients must sign the personal trainer’s session tracking record upon completion of each session as confirmation that the session has been delivered.
15.2 - Payments
Personal training services must be paid at least seven (7) days in advance of the first scheduled session and are purchased in packages of ten (10) sessions, unless otherwise agreed in writing.
Prior to your final session in a package, your personal trainer may discuss renewal options with you. Proof of payment must be provided to the personal trainer in order to secure booking times.
15.3 - Cancellations & No-Shows
If you need to cancel or reschedule a personal training session, you must notify your personal trainer at least twenty-four (24) hours in advance of the scheduled session time. Failure to provide the required notice, or failure to attend a scheduled session, will result in the session being forfeited and charged in full (100%). Cancellations made with more than 24 hours’ notice may be rescheduled, subject to the availability and discretion of the personal trainer.
15.4 - Expiry, Refunds, and Transfers
Each personal training package expires three (3) months from the date of the first session. Any unused sessions remaining after the expiry date will be forfeited. If a refund is requested within the three-month expiry period, 50% of the value of the remaining unused sessions will be refunded. If you are unable to complete your personal training sessions within the expiry period due to medical reasons, you may choose to either:
(a) receive a 50% refund of the remaining sessions; or
(b) transfer the remaining sessions to a family member.
Any family member receiving transferred sessions must have an active membership, or obtain a membership, with Teambros Fitness Club to be eligible.
16. CHANGES TO YOUR AGREEMENT, TERMS OR CLUB RULES
We may update or amend this Agreement, our terms and conditions, fees and charges, payment arrangements and Club Rules from time to time, subject to this Agreement and applicable law.
Your membership fee is guaranteed for the Minimum Term and will not be increased during that period. After the Minimum Term, we may change your membership fee in accordance with the fee increase and notice provisions of this Agreement.
We may also introduce, remove or reasonably vary other fees and charges associated with your membership, including freeze or suspension fees, administration fees and failed payment fees. We may also make reasonable changes to payment methods, debit arrangements, payment processing procedures and our third-party billing provider.
Where a change will materially increase the fees or charges payable by you, or otherwise materially and adversely affect your rights or obligations under this Agreement, we will provide you with reasonable notice before the change takes effect.
If a change materially and adversely reduces the benefits or services included in your membership, you may terminate your membership in accordance with clause 10.5(c).
We may make administrative, operational, procedural or clarifying changes that do not materially and adversely affect you without providing advance notice.
The most current version of this Agreement, including our terms and conditions and Club Rules, will be published on our website. Subject to any rights or guarantees expressly provided under this Agreement and applicable law, the version published on our website from time to time will apply to all active members, regardless of when they joined the Club or entered into their Membership Agreement.
16.1 – Club Rules
Club Rules apply to all members, guests, and visitors using the Club’s facilities and services. Club Rules are generally displayed within the Club and are also available on our website. We may amend the Club Rules from time to time. The Club Rules form part of this agreement, and you must read, understand, and comply with them at all times. If you breach the Club Rules, we may take fair and proportionate action, depending on the nature and seriousness of the breach. This may include issuing a warning, refusing entry, suspending, or terminating your membership. If your breach results in loss, damage, or expense to us or to another person, you may be required to reimburse reasonable costs incurred as a result of your actions. Repeated complaints from members or staff about a member’s conduct may, in our reasonable opinion, constitute a serious breach of the Club Rules and justify suspension or termination.
17. LOCKER RENTAL
(a) Lockers are available for rent at selected Clubs, subject to availability. The minimum rental period is one (1) month, and a separate locker rental agreement must be signed.
(b) A four (4) week notice period is required to cancel a locker rental. To terminate a locker rental agreement, a signed cancellation form must be submitted. All personal items must be removed from the locker by 11:59 pm on the final day of the rental period. Any items left after this time may be removed and disposed of.
(c) Lockers may only be used to store items reasonably required while using the Club facilities. If we reasonably suspect a locker is being used for unauthorised or unlawful purposes, we reserve the right to open the locker and may report the matter to NSW Police or other relevant authorities, where appropriate.
(d) While reasonable security measures are in place, we do not guarantee that lockers will prevent theft or damage. We are not liable for loss or theft of items stored in lockers, except to the extent caused by our negligence or as required by law.
(e) You are responsible for the reasonable cost of repairs for any damage to lockers occurring during your rental period.
18. LIABILITIES
Under the Australian Consumer Law (ACL), we guarantee that the services we supply:
(a) are rendered with due care and skill;
(b) are reasonably fit for any purpose that you make known to us, either expressly or by implication, and might reasonably be expected to achieve any result you have made known to us; and
(c) are supplied within a reasonable time, where no time is specified.
To the extent permitted by section 139A of the Competition and Consumer Act 2010 (Cth), you agree that our liability for death, personal injury, loss, or damage arising from a failure to comply with the Australian Consumer Law guarantees is excluded, restricted, or modified. This limitation does not apply where such death or injury is caused by our reckless conduct, as defined under the Competition and Consumer Act.
Nothing in this agreement excludes, restricts, or modifies any rights, guarantees, or remedies you have under the Australian Consumer Law that cannot lawfully be excluded.
19. CLUB CLOSURES
The Club may close temporarily due to emergencies, court orders, legal requirements, or for operational reasons including cleaning, repairs, upgrades, maintenance, or special events. Membership fees will not be reduced for closures due to refurbishment or public holidays. We will make reasonable efforts to notify you in advance of any closure, although this may not always be possible. The Club may close part or all of its facilities for up to fourteen (14) consecutive days per calendar year for maintenance, repairs, or improvements. Where this occurs, your membership will be extended by the period during which facilities are unavailable. Where reasonably possible, access to another Club may be offered during the closure period. Any alternative access is provided at our discretion.
20. GENERAL LEGAL MATTERS
20.1 - Unexpected Events (Force Majeure)
We are not responsible when members are unable to use the Club due to events beyond our reasonable control, including natural disasters, fires, floods, government orders, or building or road closures. If such circumstances continue for more than thirty (30) consecutive days, either party may terminate this agreement immediately by written notice, and no termination fees will apply.
20.2 - Severability
If any provision of this agreement is found to be illegal, invalid, or unenforceable, the remaining provisions will continue in full force and effect.
20.3 - Waiver
A failure or delay by us in enforcing any right under this agreement does not constitute a waiver of that right.
20.4 - Entire Agreement
This agreement constitutes the entire agreement between you and us. You acknowledge that you have not relied on any representation, promise, or statement not expressly set out in this agreement.
20.5 - Governing Law
This agreement is governed by the laws of New South Wales, Australia, and the parties submit to the exclusive jurisdiction of the courts of New South Wales.
21. DEFINITIONS
- Team Bros Fitness, We, Us, Our: Team Bros Fitness Pty Limited, TB Fitness Pty Ltd
- You, Your: A member of Teambros Fitness Club.
- Agreement, Membership, Application, Terms: Agreement between Team Bros Fitness and you governing your membership of Teambros Fitness Club.
- Club: Teambros Fitness Club.
- Essential Term, Minimum Term: Term specified in your membership application and agreement.
- Facilities and Services: Includes Club premises, exercise areas, change rooms, equipment, weights, benches, machines, mats, and any programs, products, classes, or services made available to you.
- Fixed Term Agreement / Fixed-Term Membership (Upfront): A membership with a Minimum Term that is paid in full in advance and is not a pay-as-you-go or periodic billing arrangement.
- Ongoing Agreement / Ongoing Membership: A membership that continues beyond any Minimum Term on an ongoing basis and is paid periodically (for example, weekly, fortnightly, or monthly) by direct debit or other recurring payment method. An Ongoing Agreement does not require payment of the full term in advance and may be cancelled after the Minimum Term in accordance with clause 10 of this agreement.