KCISC

1. Our agreement

These terms and conditions form part of the membership agreement between The Shed Gym by Katherine Community Indoor Sports Centre (“the gym”) and the member (“you”).

 

When you sign the Membership Application Form, you confirm that you have read, understood and will abide by the terms and conditions as a member of the gym.

 

​2. Age capacity

Members must be aged 18 years or over.

 

Members aged between ages 15 and 17

Must have the full consent of a parent/guardian to enter into this membership agreement. The parent/guardian must take full financial responsibility for this membership.

 

Use of the gym is limited to staffed hours. Members must undergo at least 10 supervised sessions with a trainer before being permitted to use the gym outside of staffed hours.

 

Children of members that are under the age of 14 are permitted to enter the venue while under the supervision of a parent/guardian, and must remain in the designated zones outside of the gym.

 

Members who choose to bring their children take full responsibility for their own children and are expected to demonstrate appropriate supervision. The gym takes no responsibility for any injury arising from inappropriate behaviour inside and outside of the designated areas. Members must take full financial responsibility for any damage to facilities/equipment arising from inappropriate behaviour of their children.

 

3. Start date

Membership starts on the date provided on the Membership Application Form or as otherwise agreed upon with staff, provided the Membership Application Form has been signed online or in person.

 

4. Access card

Members will be provided with access cards upon commencement of the membership for a one-off payment of $30. Access cards can be used by members to use the facilities and equipment between the hours of 5:00am and 10:00pm.

 

Access cards can only be used by the member they are assigned to.

 

In the event of a lost/stolen card, staff must be informed as soon as possible. Lost/stolen cards will incur a fee of $30.

 

5. Membership type

Membership type is specified in the Membership Application Form. Membership Types and their respective access restrictions are:

 

BRONZE

Use of gym facilities only.

 

SILVER

Use of gym facilities and access to weekly strength programs and coaching.

 

GOLD

Use of gym facilities, access to weekly strength programs and all group fitness classes.

 

6. Fixed term agreement

If a fixed term membership is paid in advance, the membership period must be paid in full. This is non refundable. Otherwise, payments can be made on a payment plan (see Condition 8).

 

Fixed term memberships can be put on hold for a maximum of twice per membership period. The hold period must be a minimum of 14 days and a maximum of 90 days.

 

Fixed term memberships can be transferred to someone who is not CURRENTLY a member of the gym. Staff are not responsible for sourcing a transferee nor for the transfer of funds between the member and the transferee. The transferee can be a member who cancelled their membership in order for this transfer to occur. Fixed term memberships can be transferred at no added cost.

 

​7. Changes to membership – CANCELLATION

Membership can be cancelled at any time with notice to staff. Staff must be notified in writing of member intention to cancel within 7 days of the next billing cycle.

 

Members who made a one-off payment will not receive a refund.

 

Members who entered into a fixed term membership under a payment plan will incur a $150 cancellation fee.

 

Members who entered into a no lock-in contract will not incur any cancellation fees, but any payment already made will not be refunded. Members under a no lock-in contract are able to continue accessing the gym until the end of the billing cycle where payment has already been made.

 

8. Billing

Fixed term memberships

Memberships are paid fortnightly by a debit or credit card of the member’s choice. Billing day is the day of purchase.

 

Payment can also be made up front for the entirety of the fixed term.

 

No contract memberships

Memberships can be paid weekly, fortnightly or monthly by a debit or credit card of the member’s choice. Billing day is the day of purchase.

 

9. General conduct, including proper use of facilities and equipment

Recognised sporting attire must be worn at all times. Personal items are the sole responsibility of the member and must be tucked away to the side to prevent trip hazards.

 

Members must ensure that the gym is left in a clean and tidy state out of respect for other members. Towels must be used during a workout and all equipment should be wiped down and sanitised after use and returned to its proper place. Repeated failure to do so may result in additional cleaning charges and/or suspension of future use of the gym.

 

Members will be provided with a tour of the facilities and equipment upon commencement of membership. Members agree to take care when using the facilities and equipment, and ensure the facilities and equipment are being used appropriately and safely. Any questions on how to use the equipment can be directed at staff during staffed hours.

 

Alcohol is not permitted at the venue without prior written consent of the staff. Smoking is only permitted in the outdoor car park and at least 10 metres away from any entrance.

 

Members must not solicit business at the premises for personal financial gain from any other participant for any purpose including but not limited to personal training, instructing or coaching without written consent from the gym.

 

Any incidents (including but not limited to injury and damaged equipment) must be reported to staff as soon as reasonably possible.

 

The gym reserves the right to refuse entry or suspend/terminate membership if members behave in a way that is deemed risky or inappropriate by staff, or has the effect or possible effect of bringing the gym into disrepute, including but not limited to threatening or harassing other members, deliberately or recklessly damaging equipment or facilities, or possessing or distributing alcohol or non-prescribed drugs forbidden by law.

 

10. Member health

Members agree to disclose any relevant personal health and fitness information prior to and during engagement in any exercise program, service or facility provided by the gym as part of the membership. It is the responsibility of the member to advise staff of any change to personal physical condition over the membership period.

 

Members must not attend while suffering from any illness, disease, injury or other condition that could present a risk to the health and safety of themselves or other members.

 

The gym reserves the right to refuse entry or suspend/terminate membership based on health reasons for the safety of our members.

 

11. Risk and liability

Members acknowledge that participation in activities at the gym requires varying degrees of physical exertion and/or physical risk which may lead to death or serious injury. Members use the gym facilities and equipment and participate in group fitness classes at their own risk. 

 

The gym does not provide Personal or Personal Player Injury Insurance Cover. If this is of concern to members, it is recommended to look into Private Health Cover, or similar.

 

Members agree to release and indemnify the gym and its employees/volunteers from and against any actions, claims, demands, expenses, damages and liabilities that may arise from any injury, loss or damage incurred or suffered in connection with their membership.

 

Australian Consumer Law (ACL) under the Competition and Consumer Act 2010 (Cth) (CCA)

 

The ACL provides certain guarantees in Sections 60, 61 and 62 of the CCA which generally require that services supplied are:

• rendered with due care and skill

• reasonably fit for any purpose made known to the supplier and might reasonably be expected to achieve any results made known to the supplier

• supplied within a reasonable time (when no time is set).

 

The CCA permits the gym, as a supplier of recreational services, to ask the member to accept some limitations on the statutory guarantee above.

 

Members acknowledge and agree to exclude all liability to the gym for death or injury resulting from a failure to comply with any statutory guarantee, to the extent permitted by section 139A of the CCA.

 

NB: this does not apply in the event that the injury was caused due to gross negligence of the gym and/or its staff.

 

Natural environment risk

Members are aware of the risks of the natural environment. While the gym does partake in routine pest control, the gym takes no responsibility for the presence of potentially harmful animals or insects, including but not limited to snakes, spiders or ants.

 

12. Interruption of services

The gym may be required to restrict the use, temporarily close or halt member activity of the gym from time to time (i.e. in the event of unforeseen circumstances such as bad weather, power outages, participant injury or illness etc). There will be no refund, reduction, suspension or changes of membership fees should this occur. Hours of operation may be modified from time to time without prior notice to members.

 

The gym reserves the right to make changes to the facilities and equipment and to services provided. The gym reserves the right to use the facilities for special events, competitions and functions.

 

13. Termination of membership by the gym

The gym is entitled to terminate membership immediately by contacting the member through the contact details retained on file:

• if the member breaches these Terms and Conditions and the breach (where it is capable of remedy) is not rectified within 14 days of notice being given;

• if membership fees are not paid within 30 days of being due;

• if the member provides false details when applying for membership, or does not disclose any changes to their health during the membership period; or

• any other reason deemed reasonably necessary for the health and safety of members and staff.

 

14. Consent to use image

The gym may occasionally film or photograph the facilities and members. Members consent to the gym taking, retaining and reproducing images of the members obtained in their use of the facilities and consent to the use of such material in promotional, advertising and marketing materials.

 

The gym reserves the right to use these images or recordings for commercial purposes without compensating its members.

 

15. Consent – privacy

The gym requires the personal information requested on the Gym Membership Application Form to administer activities, use of facilities and equipment, and other reasonably expected purposes. Members consent to such uses. Except where permitted or required by law, or where consent is obtained, this information will not be disclosed to third parties.