Terms & Conditions

Terms & Conditions

For members living in the ACT

View our terms & conditions for members living in the ACT below. 

Alternatively, You can also download a PDF copy of our terms & conditions.

Last update: November 2014

Your Terms & Conditions

1 Things to know at the start of your membership

As a member, you can use our clubs in line with these terms and conditions, including the club code.

1.1 What types of membership do we have?

Understanding our membership options: Access

Understanding our Membership Options: Committment

 

1.2 Do we offer any discounts?

Using a corporate discount

You will receive a preferred partnership discount if you are an employee of a company we have a
current corporate agreement with. Please ask us for more details.

Using a concession discount

You will receive a discounted membership at selected clubs if you are a:
• full-time student or pensioner
• seniors cardholder.

If you are a student, you must show us proof that you qualify for a concession before your membership
anniversary each year. If you no longer satisfy our criteria, we can upgrade you to the standard
membership. Before we change your contract, we will write to you about any changes to your fees
(see 2.5) and give you 28 days notice. You may cancel your agreement in this time (see 3.1).

Setting up a family membership

We offer a discounted rate on some membership types to immediate family, if:
• we can link the family member/s to a primary, full-paying member
• the primary member agrees to pay for the membership/s from the same account.

If the primary member cancels his or her membership, the family member’s fees will still be debited
from the primary member’s bank account but not at the discounted rate.

If the primary member cancels these payment details, the family member must then pay for his or her
own membership but not at the discounted rate.

1.3 How old do you have to be?

Meeting our minimum age

You must be at least 14 years old to become a member.

Joining aged 14–15

If you are under 16, a parent or guardian must sign your membership agreement and pre-exercise
questionnaire. You can then:
• use cardiovascular equipment
• take part in group fitness classes that do not use weights
• take part in water-based classes.

You may not do unsupervised resistance training or take part in group classes that use weights
(including circuits and boxing type exercises).

Joining aged 16–17

If you are 16 or 17, a parent or guardian must co-sign your agreement and pre-exercise questionnaire.
You may then do unsupervised resistance training once a qualified staff member has:
• assessed your pre-exercise questionnaire
• written and supervised an initial resistance training program for you.

1.4 When does your agreement start?

Signing your agreement

You have an agreement with us when you have signed it and we have accepted it. If these terms and
conditions or your agreement differ from anything you are told at the club or over the phone, these
terms and your agreement will apply. Unless written confirmation is received from a Fitness First
employee.

Paying a start up fee

You need to pay a start up fee when you join or renew. This fee is listed in your membership
agreement. We cannot refund the fee, even if you cancel during your comfort guarantee period.
If you defer your start up fee or any other fees, we will charge you a higher fortnightly amount until
you have paid the deferred fees in full.

Understanding our rights

If we do not enforce our agreement rights at any time, it does not mean we have waived those rights,
no matter how long we wait. If there is a miscalculation in your membership agreement, we have 5
days after the agreement is signed to correct it.

1.5 Can you change your mind?

Using your comfort guarantee

You can cancel your agreement during your comfort guarantee period. You have 14 days from the
date you sign your initial agreement or, with a new club, from its grand opening date. To cancel your
membership, please see 3.1.

We will then cancel your agreement and refund your initial payment, less your start up fee. This is only applicable for new membership agreements.

1.6 What about your health?

Promising you are in good health

On the day you sign your agreement and each time you use our clubs, you promise us that:
• you are in good physical condition
• you know of no medical or other reason why you cannot or should not do active or passive exercise.

Seeking expert advice

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, we strongly urge you to seek expert advice before starting an exercise program. When you
join the club, we will offer you personal training at a reduced rate, or a complimentary group session.

2 Things to know during your membership

2.1 When do you pay membership fees?

Paying for ongoing memberships

You pay fees for ongoing memberships in advance each fortnight, by direct debit from a bank account or credit card. You can pay your fortnightly fees as far in advance as you like, up to the legal time limits. However, you still need to give us your account details for when your advance payments end.

Paying upfront

You can pay upfront for some memberships. Please visit your club for a list.
For a Pre Paid membership, you will pay on the day you buy it.

Renewing your upfront membership

When your membership is due to end, you can choose to renew it before that date at your existing rate, otherwise your membership fee will be set at the current rate. By renewing your membership, you agree to the membership terms that apply at that time.

2.2 How do direct debits work?

Paying every second Wednesday

We will debit your fortnightly club fees from your nominated account on every second Wednesday night, as set out in your membership agreement.

If you use a credit card (including VISA debit facilities), we will add a 50 cent surcharge to your fortnightly debit. Please note that:
• debit dates are preset for all members
• if one falls on a public holiday, we will debit your account on the next business day
• debits might take up to 5 days to come out of your account.

See also 5.2 for our privacy statement and acknowledgment.

Meeting your responsibilities

You must make sure:
• your account can accept direct debits (your financial institution can confirm this)
• there is enough money in your account on the payment day and the next 5 days
• you tell us if you are transferring or closing your account, at least 48 hours before your next direct debit
• you tell us about any changes to your credit card, such as its expiry date or number, at least 48 hours before your next direct debit.

Please tell us and your financial institution if you want to change or stop your direct debits.

Querying a payment

If you query a payment, we will do our best to respond within 7 days. If you are not happy with our response, you may contact your financial institution. It will handle your query in line with its own policy. 

2.3 What happens if your payment is late or fails?

Losing your club access

If you do not fully pay your fees on the due date, we will suspend your club access until your payments are up to date and you have given us your account details.

We will also charge you a late payment fee of $7.50 for a failed payment. This will be debited from your account, and you authorise us to do this.

Paying your outstanding debts

We will continue to debit your nominated account without notice, until we have received the total amount you owe us. We will make a reasonable effort to let you know beforehand by:
• phoning you or speaking to you at your club
• writing to the address you last gave us.

For membership/s in your name, you must make sure that the payment method you choose continues for the length of your agreement. This includes third-party accounts. If the details you give us fail, you are liable for all resulting fees. You should update your details and are obligated to complete your minimum term.

2.4 Can we change your agreement?

Staying up to date with our terms

We may sometimes add to, change or remove our terms and conditions. This includes changing a club’s opening and closing hours, its services and facilities and membership fees. Sometimes, we may also close clubs for refurbishment to improve their facilities. We do not reduce your membership fees because your club is closed for renovations or for a public holiday. 

The most up-to-date terms and conditions always apply. You can find copies at your local club or on our website at www.fitnessfirst.com.au.

Being notified about changes

We will give you at least 28 days notice of any changes, for instance by:
• publishing them in our newsletter or on our website
• placing a notice in the club
• phoning you or writing to the address (post or email) you last gave us.

If we suspend a club’s operations or services, temporarily or permanently, we may send you a written notice offering you either a:
• transfer to another club, if available
• complimentary time freeze (see 2.5).

Cancelling your membership

If we do not fulfill our obligations to you, you may be able to cancel your membership (see 3.1).

Unless the law states otherwise, you won’t have any other claim against us if this happens.

2.5 Can we increase your fees?

Being notified about changes

We reserve the right to increase your fees at any time after the minimum period of your agreement has ended.

We will make a reasonable effort to tell you about this at least 28 days beforehand by writing to the address you last gave us (which may be an email address). We will consider that you have received our letter or email on the second business day after it is sent.

Authorising us to increase debits

Where we have made a reasonable effort to let you know about a fee increase, you authorise us to increase any debits from your nominated account.

2.6 Can you freeze your membership payments?

Using a ‘time freeze’

You can freeze your membership for 1 or more fortnights, up to a maximum of 6 fortnights each calendar year. Each time freeze must start and end on a direct debit date.

The time freeze fee for all memberships is $8 per fortnight, which you can pay in advance or by direct debit. 

Please note that if you are within your minimum term, any time freezes are not classified as a full payment toward your contract.

Using an ‘extended time freeze’

You can freeze your membership for up to 13 fortnights in any 12 months for travel, medical or bankruptcy reasons. However, we must be satisfied by your supporting documents, such as a certificate from a medical practitioner stating you are unable to exercise.

If you have a medical reason or become bankrupt, we will not charge you for this extended time freeze to allow you time to recover.

Understanding the conditions

Before freezing your membership, you must make sure your fees are up to date and you don’t owe us any money. Note that we cannot backdate any time freeze requests. You must request a freeze when you need it.

We also cannot accept pro-rata payments or freeze your direct debits outside an official time freeze.

2.7 How can you use your access card?

Showing photo ID

We will give you an access card when you join. We will also attach your photo to your account on our digital membership database. If you visit the club without a valid access card or photo identification, we may refuse you entry.

Your membership card

The access card is our property. You cannot lend your card or allow anyone else to use it.

If you lose or damage your card, we will replace one card every 12 months for free.

We will charge you $5 for any extra cards.

Visiting overseas clubs

You can visit our clubs overseas if you have a Passport, Platinum, Platinum Plus, Platinum Extra, Titanium or Black Label membership. You need to obtain a Fitness First Overseas Passport before you leave Australia.

We limit how often you can visit an overseas club. We will specify this in writing when we give you your passport.

2.8 How can you protect your health?

Telling us about your health risks

If you believe any club activities might risk your health, you must tell us this in writing with full details. You must also tell us if your medical condition changes after you join.

We may choose to refuse your membership agreement until:
• your doctor agrees in writing that you are fit to exercise
• you show us proof that you have received medical advice on an appropriate exercise program.

Managing infections and illnesses

You must not use club facilities if:
• you have an infection, contagious illness or physical ailment, such as an open cut or sore
• there is any other risk, however small, to other members and guests.

2.9 How can you give us feedback?

We welcome your feedback

Your feedback is important in helping us to provide a great service. If you have any comments or questions about our clubs, website or service. If you have a complaint, we will follow our complaints process, which has been developed with Consumer Affairs. Please contact us via one of the methods listed below.

In club

Our club staff are always happy to help. Ask at club reception or call your club on 1300 55 77 99. If you’d like to speak your club manager, let our reception team know. If no managers are immediately available, the reception team will ensure someone contacts you as soon as possible. Comments card are also available at club reception, simply drop this into the suggestion box at club reception and
leave the rest to us. We will be in contact with you shortly after that.

Online

Send us a message by completing our enquiry form via our website www.fitnessfirst.com.au/about-us/contact-us/. Please make your enquiry selection carefully as this will helps us with efficiency and you will hear from us within 5 business days. We recognise that some enquiries are more complex than others and may require more time to resolve but we will always let you know.

Contacting Central Customer Service

If you are not satisfied with our response, you may write to Central Customer Service and compliance at either
Email: [email protected]
Post: PO Box 715, Bondi Junction, NSW 1355.

You will hear from us within 5 business days .

Central Customer Service may refer your complaint to club management if it has not already had a chance to resolve your enquiry. You will hear from us within 5 business days about what we plan to do and how long it is likely to take.

3 Things to know at the end of your membership

3.1 How can you cancel your membership?

Cancelling your membership

You can ask to cancel your membership by phoning us on 1300 55 77 99

Confirming your request

When you do this, please always
• give us your email address so we can confirm your request in writing
• keep a copy of your request
• make sure that you cancel your direct debits with your financial institution.

3.2 How do you cancel after the minimum term?

Cancelling after the minimum term expires

Once the minimum term of your membership expires, you or we may cancel your membership (see 3.1).

When you cancel, you must pay us any fees you owe or we may take action to recover them.

Giving us notice

You must give us 14 days’ notice to cancel, unless you are cancelling for medical reasons (with
supporting evidence). We count this period from the date of your request, this means your final
debit may be a pro rata amount To ensure your direct debit does not continue past your minimum term, you must give us notice within this term.

You cannot freeze your membership payments during the notice period.

3.3 Can you cancel during the minimum term?

Cancelling without paying out your agreement

You can cancel your membership if time freeze is not suitable during the minimum term if:
• you are sick or incapacitated – you must show us a certificate from a qualified medical practitioner stating that you cannot exercise for the rest of your term.
• you are bankrupt–you must show us supporting documents.

We will not charge you an exit fee in these cases.

You can also cancel if you relocate to an area more than 15 kilometres from any Fitness First club, but you must show us a letter from your real estate agent or advice from Australia Post. We will charge an exit fee based on how much of your agreement remains:
• up to 6 months = $100
• 6–12 months = $150
• 12–18 months = $200
• 18–24 months = $250.

Transferring your membership to another person

You can transfer your membership to another person (transferee) within the minimum term of your agreement so long as the transferee:
• is not a current member
• the new member has not been a member for 3 months
• completes the new membership sign-up process and pays a transfer fee equivalent to the start up fee
• is eligible to take up your membership (for instance, you cannot transfer a corporate or concession membership to someone who would not qualify for that membership)
• has not previously been banned by Fitness First or failed to pay membership fees.

The transfer is effective only after the transferee has completed the sign-up process.
We do not allow transfers once you have completed your minimum term. You also cannot transfer foundation,family or friends memberships.

Cancelling for other reasons

If you wish to cancel for any other reason and have more than 14 days left in your minimum term, you can pay out your agreement.

We calculate the amount you must pay by:
• multiplying your fortnightly fee by the number of fortnights left in your minimum term
• deducting 5% from the total.

3.4 Can you cancel if we change the agreement?

Cancelling if changes to terms and conditions adversely affect you

You can cancel your membership at any time if we change or add to these terms and conditions or the club code and these changes adversely affect you.

You can also cancel your membership if we breach our obligations and we do not fix the breach in a reasonable time after you have told us about it in writing. We will refund you any membership fees you pay between the date of notification and the date on which we decide that we cannot fix the breach.

In either case, you need to give your club 14 days’ notice (see 3.1). We will not charge an exit fee.

Receiving a refund for prepaid programs

If you pay for a program in advance, we will refund the fee within 6 months of purchase if:
• the program is cancelled
• you can show us medical evidence that the program will cause you physical harm or injury
• the law requires us to refund the fee.

We will refund any other fees that the law requires.

Manage your membership online with ‘My Fitness First’

My Fitness First puts managing your membership, at your fingertips.
• Change your personal details
• Update your payment details, make a payment and view the details of your next payment
• Download a tax statement
• Freeze your membership if you are unable to use the club.

Activate your My Fitness First account now at the top of our website landing page :
www.fitnessfirst.com.au/myfitnessfirst/register

4 Club Code

You must follow our club code. Some clubs have higher risk areas, such as play zones, swimming pools, steam rooms and saunas. Please read and follow all signs and handouts that tell you what to do, especially in these areas. If you don’t understand something, please ask for help.

4.1 What rules apply to our facilities?

Respecting our equipment

You are responsible for using our facilities and equipment correctly, including adjusting levels or settings. If you are not sure how to operate any equipment, please ask our staff before you use it.

Note that you will be responsible for any damage that you or your guests cause through a wilful act or negligence.

As a courtesy to other members, please:
• use a clean towel when you use equipment, including exercise mats
• keep to the set time limits
• keep phone calls to an absolute minimum.

Note also that you must not use a camera in our clubs without written permission.
• Put equipment away after use

Taking care in wet areas

If a club has any wet areas, such as a swimming pool, sauna, steam room or monsoon shower, you may use them. However, note that these areas are unsupervised and you use them at your own risk.

You must follow all signs and never run, dive or jump. Please also supervise children closely. 

Keeping your belongings safe

We provide lockers you can use while exercising but these are not security lockers. Please keep your access card with you and do not bring valuables into the club.
Unfortunately, thefts do happen. We cannot accept responsibility for any loss or damage to your belongings while you are at the club, even if someone breaks into your locker.

If you leave belongings in a locker overnight, we may remove them. We give lost property to charity each month, including unclaimed items from lockers.

Wearing suitable clothes

All members and guests must wear suitable clothes and enclosed sports shoes in any exercise areas, except for wet areas. We do not allow clothes with offensive images or inappropriate advertising.

If a laundry service is part of your membership, we only wash clothes worn while exercising in the club. We do not wash underwear. Please label any clothes clearly with your name and check they are machine washable and colour fast. If you do not, you cannot claim for any losses, damage or costs.

Parking

You park in the club’s car park or on club premises at your own risk. We are not liable for any loss or damage to your vehicle or its contents.

Please keep to the set time limits for parking or we may charge you an extra fee.

4.2 Can you bring guests to the club?

Paying for guests

You can bring guests into the club for a fee (see club signs). We decide how many club visits a guest can make at our discretion. Please phone your club to learn more.
For security reasons, children can only wait in the club if accompanied by an adult who is seated with them. For child-minding programs, ask your club about PlayZone.

Meeting our conditions

Your guests must:
• be at least 14 years old
• be accompanied by you and leave when you do
• sign the guest register and show photo ID
• fill in a pre-exercise questionnaire on their first visit
• follow the terms set out in the guest register and questionnaire, and all other signs and handouts.

4.3 What happens if you break the code?

Being refused entry or receiving a warning

We can refuse entry to anyone, including members, if they act unreasonably or break the code.

We may also warn you that you risk having your membership cancelled. If you continue to behave in the same way, we may cancel your membership immediately.

Facing instant cancellation

We can cancel your membership without warning if you behave in a way that is risky or seriously inappropriate, such as:
• threatening or harassing others
• damaging equipment
• using illegal or performance-enhancing drugs
• instructing other members when we have not authorised you to do so.

5 Legal stuff you need to know

5.1 What are your responsibilities?

Meeting your responsibilities

Your responsibilities, including payment of membership fees, do not depend on how often you use a club.

You must tell us about anything that affects your membership, and any changes to your contact and bank details.

Promising to take care

You promise to:
• make sure that you know how to exercise safely, by asking if necessary
• use your best endeavours to exercise safely
• not take valuables into the club, even if you plan to put them in a locker.

5.2 Do we have a privacy policy?

Understanding our privacy policy

During your membership, we will have access to personal information about you, such as about your health and financial situation. We will only use, disclose or deal with your information in line with our privacy policy.

This Privacy Policy applies to the services offered by Fitness First Australia Pty Limited (ABN 65 094 778 622) (Fitness First).

1.Statement of Commitment

Fitness First is committed to protecting your privacy and any personal information we collect. Fitness First complies with the Privacy Act 1988 (Cth). This policy explains how we may collect, use, disclose and otherwise handle personal and sensitive information.

Fitness First is committed to safeguarding personal privacy. It recognises that individuals have a right to control how their personal information is collected and used. Providing personal information is an act of trust and it is taken seriously. Unless given consent to do otherwise, Fitness First will only collect and use personal information as set out below.

For the purposes of this Privacy Policy personal information may mean some or all of the following:
a member’s name, contact details, date of birth, emergency contact details, bank account and/or credit card details, student identification details, employment details, payment history and sensitive information.

2. Collecting personal information

Fitness First will not collect or monitor any personal information about an individual without their consent. The only personal information collected is what is provided voluntarily by a member or prospective member.

We collect personal information primarily to enable us to provide members with our services.

Fitness First may also use the information for marketing to you or for any other purpose permitted under the Privacy Act 1988 (Cth).

You don’t need to identify yourself when you deal with us ( e.g. to find out more about membership packages) however in certain situations we will only deal with individuals who have identified themselves to us.

When a membership or product is purchased personal information will be requested in order to provide the requested service or product, provide updated information, and advise of other Fitness First products, which may be of interest. You are not obligated to provide personal information however failure to do so may result in Fitness First being unable to provide services or products to you.

Personal information is collected directly from members or potential future members when they personally complete and submit an application form to become a member of Fitness First. This can be done in person at one of our gymnasiums, on line via our website or on the phone via one of our Membership Consultants.

3. Collecting Sensitive Information

For the purposes of this Privacy Policy sensitive information means the information a member has disclosed to us about their physical and mental health and well being.

Sensitive information will only ever be used for providing services to members. Such information will not be used or disclosed for any other purposes without consent, except in exceptional cases when disclosure may be required by law or is necessary to protect the rights or property of Fitness First, any Fitness First group company, or any member of the public, or to lessen a serious threat to a person’s health or safety. For the purposes of this Privacy Policy sensitive information is a subset of personal information.

4. Use of tracking technologies

Fitness First uses tracking technologies such as cookies or web beacons to make use of the website and services as convenient as possible. Cookies are pieces of information that a web site transfers to a computer’s hard disk for record keeping purposes. Web Beacon is a technical method that sends information related to the access to websites, when you browse websites, open or preview an HTML-formatted email. Most web browsers are set to accept tracking technologies such as cookies or web beacons. These tracking technologies do not themselves personally identify users, although they do identify a user’s browser. These tracking technologies allow Fitness First to monitor the Fitness First web site, and to record how many people are using the different parts of the site.

It is possible to set the browser to refuse tracking technologies such as cookies or web beacons, however, this may limit the services provided by Fitness First’s web site.

5. Using and disclosing your personal information

Personal Information will be used for the following primary purpose:
• To fulfil obligations under a member’s membership agreement and/or any other contract between him/her and Fitness First;
• To render services under a member’s membership agreement;
• To provide information about products, service and/or special offers to members;
• To obtain opinions or comments about products and/or services from members;
• To record statistical data for marketing analysis from members.
Fitness First may employ other companies or service providers to assist us in providing our services, including (but not limited to) marketing, market research, mail-house services, hosting and product development services, analysis of member lists and/ or consulting services. These third parties may have access to personal information that is needed to perform their specific function. They cannot use that information for other purposes.

Fitness First recognise the trust with which individuals provide personal information, and such
information will not be used or disclosed for any other purposes without consent, except in
exceptional cases when disclosure may be required by law or is necessary to protect the rights or property of Fitness First, any Fitness First group company, or any member of the public, or to lessen a serious threat to a person’s health or safety.

6. Contact by Fitness First

Fitness First does not send advertising information without obtaining prior consent. If an individual receives communications from Fitness First which they do not wish to receive, they may remove their name from the database by contacting Fitness First at [email protected] 

7. Individual’s right of access

Individuals have the right to review, amend or delete personal and/or sensitive Information that may be recorded on the Fitness First database. Information may be reviewed, amended or deleted by completing the access request form at your home club’s reception, or by phoning 1300 55 77 99.

A request may be made to delete personal and/or sensitive information, and all reasonable steps to delete the information will be made, except where it is required for legal reasons. Deletion of information may result in Fitness First being unable to sell products directly and/or provide certain services including after sales services.

8. Storage and security of personal and/or sensitive information

Fitness First takes all reasonable steps to keep secure personal information recorded and to keep this information accurate and up to date. The personal information is stored on secure servers if in digital format, or in locked areas if in hardcopy format: these repositories are protected in controlled facilities. In some cases these facilities may be in Amsterdam, England and the United States. Fitness First employees and data processors are obliged to respect the confidentiality of any personal and/or sensitive information held by Fitness First. Fitness First only permits authorised personnel to access your information and information will only be disclosed to third parties where they have the appropriate authority. We destroy or de- identify personal information we no longer need, wherever possible.

9. Fitness First and links to other web sites

Fitness First provides links to web sites outside of the Fitness First site. These linked sites are not under the control of Fitness First, and Fitness First is not responsible for the conduct of companies linked to the Fitness First web site, nor for the performance or otherwise of any content and/or software contained in such external websites.

10. Problems, queries or complaints

For further information regarding this Privacy Policy or to make a complaint about the steps taken by Fitness First to protect your personal information or privacy, please contact Fitness First’s Privacy Office by emailing [email protected] We will investigate any complaints received in writing and do our best to resolve them as soon as possible.

If you are not satisfied with the result of your complaint to us, you can refer your complaint to the:
Office of the Australian Information Commissioner
Phone 1300 363 992
Post GPO Box 5218
Sydney NSW 2001

Online Form: www.oaic.gov.au (Privacy Complaint Form).

Fitness First reserves the right to review, amend, update and change this Privacy Policy from time to time to reflect its practices and obligations. Any changes will take effect when they are made or posted on our website.

Allowing us to use your image We sometimes film or photograph the club so it is possible you will appear in the background. By signing your agreement, you allow us to use your image in promotional and other business-related material.

5.3 What happens if you have issues with outside providers?

Paying outside providers, including personal trainers. Contractors, tenants and franchisees provide some services in our clubs, such as personal training, physiotherapy and massage.

You will need to pay service fees directly to them and we are not responsible for those fees or for any associated costs or refunds.

Claiming against these providers

Any service they provide is a contract between them and you and we cannot accept any
responsibility for a breach of contract or negligence.

If you make a claim because of something a contractor, tenant or franchisee has or has not done, your claim should be brought against the provider, not us, whether you have paid them or not. You release us from any claim resulting from an act or omission by a contractor, tenant or franchisee.

Asking for our help

Wherever we can, we will help you to resolve issues with providers. We will also make sure that personal trainers in our clubs have up-to-date qualifications and insurance. We only allow personal trainers from the Fitness First franchise to work in our clubs.

5.4 What else should you know?

Having your contract transferred

We can assign or transfer the benefit of your contract to a person, firm or company at any time. We will give you 28 days’ notice in writing.

We can also sub-contract our obligations to someone else without notice. But if we do, we are still responsible for ensuring those obligations are met. Signing up for extra services
Some clubs offer extra services, such as dance classes, swim schools, PlayZone and junior care, Hot yoga and pilates programs. These are not part of our agreement. They may involve separate fees, code and agreements. Please read them.

Paying GST

All agreement fees include goods and services tax (GST). Your fees will change in line with any
government GST rate changes, even if you are in your minimum term.

5.5 Which laws apply?

Meeting state laws

Your agreement is subject to Australian law and is governed by the state laws where your home club is located.

If a court decides that any section of your agreement is invalid or unenforceable, that section will be deleted from the agreement. The other sections will remain valid and enforceable.

Restricting your rights to sue

Under the Competition and Consumer Act 2010, we guarantee that our recreational services are:
• provided with due care and skill
• fit for any purpose you have told us you are using the services for or for a result which you have told us you wish to achieve
• supplied within a reasonable time.
However, under certain legislative provisions, we may ask you to agree that these conditions do not apply to you. If you sign the agreement, you will be agreeing that your rights to sue us are excluded, restricted or modified as set out in these terms and conditions. This applies if you are injured (including injury that results in death) because the services were not rendered with due care and skill, or they were not reasonably fit for their purpose.

This change to your rights does not apply if your death or injury is due to our gross negligence.
Gross negligence is defined in the Fair Trading (Recreational Services) Regulations 2004.

5.6 What definitions apply?

Fitness First, We, Us, Our
Fitness First Australia Pty Limited

You, Your
A member of Fitness First

The Club
The Fitness First club where you applied for membership

Home Club
The club which you joined and which you will use mostly or exclusively,
depending on the type of membership you chose

Club
A Fitness First health club

Agreement Membership Application
Membership Application and Agreement. This is between Fitness First and you, under which you will become a member of Fitness First

Minimum Term
The term specified in the Membership application and agreement form

Code
Code for operating equipment, opening hours and behaviour in the club, specified in these terms and conditions, and in club signs and handouts

Fitness First Australia Pty Limited ABN 65 094 778 622 © October 2014 ACT

6 Things to know when signing up online

6.1 Email communications

By signing up online, you agree to receive email communications from Fitness First. These communications can be unsubscribed from via the ‘unsubscribe’ button on each email communication.

6.2 Promising you are in good health

By signing up online, you promise that:
- you are in good physical condition
- you know of no medical or other reason why you cannot or should not do active or passive exercise.