Terms and Conditions?
Payments & deposits made are non-refundable and gym memberships are noncancellable & non-transferable.
Access Device
The device (key-card/key-fob) or any other relevant security hardware device with built-in authentication equipment, issued or otherwise provided to you by us to enable you to securely access the relevant gym in accordance with the terms of your membership. Only one device can be registered to an account at any time. If you lose or misplace the device, you need to contact THE GYM to remove the device immediately and purchase a replacement as soon as possible.
(1) Your Access Device can only be used by you: Your Access Device is issued solely for your use, as your membership is personal to you and only covers your use of a gym. You are responsible for keeping your Access Device secure and confidential at all times.
(2) Use of Access Device is monitored: In the interests of the safety and security of all our members, use of Access Device is monitored and individuals using Access Devices may be asked to provide proof of identification. Individuals without the Access Device will not be granted access into the facility.?
(3) What we will do if we think your Access Device has been misused: Should we believe that your Access Device has been used by another individual or individuals we may (in our discretion) decide to conduct an investigation. If we do so we will: (a) inform you that we believe your Access Device has been used by another individual or individuals and ask you to provide us with reasonable assistance to investigate the matter; and (b) following our investigation we will contact you to inform you of our findings and our proposed course of action, which may include one or more of the steps set out in paragraph (4) below.
(4) Our Right to make additional charges and/or cancel your membership: If you unreasonably refuse to cooperate with our investigation, or following our investigation we have reasonable grounds to believe that your Access Device was used, with or without your knowledge and/or consent, by another individual or individuals, depending on the particular circumstances of each case, we reserve the right to take one or both of the following steps, which are in addition to any other legal rights that we may have : (a) deactivate your access device and apply a penalty charge to your membership fees (and increase your direct debit payment(s) accordingly). The penalty charge will be $100 per unauthorised individual multiplied by each occasion on which your Access Device was used by that individual/those individuals. Your Access Device will only be reactivated, with no membership extensions, after the full payment of penalty charge(s); and/or (b) in the event of serious misuse of your Access Device, for example your Access Device has been used by more than one individual after repeated warnings and penalties, to notify you that we are cancelling your membership with immediate effect, and no refunds will be given.
(5) Your responsibility for another's conduct: If we have reasonable grounds for believing that you knowingly provided your Access Device to another individual or individuals, or allowed unauthorised entry following your entry to the gym (Known as tailgating) in addition to our rights referred to in paragraph (4) above, we may hold you responsible for the conduct of the individual(s) while on our gym premises, and liable for any loss we suffer as a consequence of that conduct.
Waiver and Release of Liability
In consideration of my use of the exercise equipment and facilities provided by the company, I expressly agree and contract, on behalf of myself, my heirs, executors, administrators, successors and assigns, that the company and its insurers, employees, officers, directors, and associates, shall not be liable for any damages arising from personal injuries (including death) sustained by me on, or about the premises, or as a result of the use of the equipment or facilities, regardless of whether such injuries result, in whole or in part, from the negligence of the company.
By the execution of this agreement, I accept and assume full responsibility for any and all injuries, damages (both economic and non-economic), and losses of any type, which may occur to me, and I hereby fully and forever release and discharge the company, its insurers, employees, officers, directors, and associates, from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out the use of said equipment and facilities.
I expressly agree to indemnify and hold the company harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by me.
I agree to be solely responsible for safety and well being of myself. I understand that the company does not provide supervision, instruction, or assistance for the use of the facilities and equipment.
I agree to comply with all rules imposed by the company regarding the use of the facilities and equipment. I agree to conduct myself in a controlled and reasonable manner at all times, and to refrain from using any equipment in a manner inconsistent with its intended design and purpose.
I agree to be liable for any damage caused to the equipment or facilities through my negligent use.
I understand and acknowledge that the use of exercise equipment involves risk of serious injury, including permanent disability and death.
I understand and agree that the company is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises.