For members living in NSW, VIC and QLD
View our terms & conditions for members living in NSW, VIC and QLD below.
Last update: February 2018
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
*Note: some membership options are not available at all clubs
Understanding our Membership Options: Committment
*Note: some membership options are not available at all clubs
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 fee (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.
2.1 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.
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 surcharge to your fortnightly debit not greater than the cost of accepting that payment method from our external third party provider albeit that if those external third party costs exceed $.50 cents per transaction we will only charge you a maximum of $.50 cents per 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.
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.
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.
3.1 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 28 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
• has not been a member in the last 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 28 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 our terms & 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 28 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 :
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.
Be respectful and do not behave inappropriately towards other members, guests, our staff and outside providers. Examples of inappropriate behaviour include:
• verbal or physical intimidation;
• discrimination on the basis of race, sex, age or any disability another person may have
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.
5.1 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.
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
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.
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
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
Sensitive information will only ever be used for providing services to members. Such informationwill 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
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
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).
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, Hot Yoga, PlayZone and junior care, and pilates programs. These are not part of our agreement. They may involve separate fees,
code and agreements. Please read them.
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 no 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
A member of Fitness First
The Fitness First club where you applied for membership
The club which you joined and which you will use mostly or exclusively, depending on the type of membership you chose
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.
The term specified in the Membership application and agreement form
Code for operating equipment, opening hours and behaviour in the club, specified in these terms and conditions, and in club signs and handouts
The below terms and conditions are supplemental to the existing Fitness First membership contract terms and conditions that can be found on the Fitness First website. They do not replace the existing Fitness First membership terms and conditions.
6.1 Things to Know At The Start Of Your Membership:
• The $65 start up fee must be paid for access to the Apple Watch Series 3 membership options.
• Photo Identification and Proof of Australian Residence is required before you are able to access our Apple Watch Series 3 options.
• The offer is not available on any complimentary or company subsidised memberships.
• If you are an ex member of Fitness First you will not be exempt from the $65 start up fee.
• For new members the Apple Watch Series 3 will be shipped at the end of the 14 day comfort guarantee.
• The Apple Watch Series 3 will only be available for credit card transactions. For new members, the credit card must be the same card as that used to pay the $65 start up fee.
• The Apple Watch Series 3 offer is only open to members 18 years or older.
• There is a limit of one watch purchase per member.
• Members who have a current debt owing or do not have valid account details for direct debit purposes will not be eligible to purchase an Apple Watch Series 3.
• The Apple Watch Series 3 promotion is only available while stocks last and should a situation arise where we are unable to supply the watch you will be contacted to determine a new contract option.
• Once you have ordered your Apple Watch Series 3 via the KuboFit app the process for fulfilment will be handled by Apple under their terms and conditions. If you have any problems with the fulfilment of your watch please contact Apple at [email protected]
• Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
• "Apple" and "Apple Watch" are trademarks of Apple Inc., registered in the US and other countries.
6.2 Can you cancel within the minimum term?
Apple Watch Series 3 included in a 24 month minimum term contract - OFFER ENDED 1st MARCH, 2018.
If you have committed to a 24 month ongoing agreement and need to cancel your membership within term you will be charged an exit fee in addition to the general cancellation fee as set out in the Fitness First terms and condition outlined in Section 3.3.
This additional fee will be payable for all cancellations reasons excluding bankruptcy (supporting documentation required).
We will charge an exit fee based on the type of Apple Watch purchased and what period of time is left on your membership:
• If you purchased an Apple Watch Series 3 - 38 mm watch a fee of $8.39 per fortnight will be charged for each fortnight that remains on your agreement.
• If your purchased an Apple Watch Series 3 - 42 mm watch a fee of $9.12 per fortnight will be charged for each fortnight that remains on your agreement.
Apple Watch Series 3 on a payment plan with a 12 month minimum term contract.
If you purchased an Apple Watch Series 3 via the repayment plan option you can cancel your membership in line with the Fitness First terms and conditions. All fees owing on the Apple Watch Series 3 will need to be paid in full at the time of cancellation.
6.3 Things to Know During Your Membership:
• If you are on the repayment plan for your Apple Watch Series 3 you will be billed for your first payment on the next available direct debit date. This fee may be debited before you receive your watch.
• If you are on the repayment plan option and put your membership on time freeze the payments for the Apple Watch Series 3 will continue whilst you are on time freeze.
• If you are on the 24 month membership then standard terms and conditions within your Fitness First membership will apply.
• Your Apple Watch Series 3 is covered under Apple’s 12 month warranty. If you have any questions or concerns regarding the functionality of the Apple Watch Series 3 then please visit your nearest Apple store.
7.1 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.
7.2 Promising you are in good health
By signing up online, you promise that:
you are in good physical condtion
you know of no medical or other reason why you cannot or should not do active or passive exercise
8.1 24.7 Access Pass
You will require your membership card to enter the club in un-staffed hours. You must swipe your card at the front door to gain entry to the club. All members are required to complete the Fitness First safety induction before their membership card will be activated for 24.7.
If you lose or forget your Membership Card you may access the club during standard staff hours (refer to section 2.7 . For member’s safety, you cannot ask another member to give you access to the club in unstaffed hours. If your Membership Card is lost or stolen, you must notify the club immediately. A replacement card fee of up to $15 applies to gain 24.7 access to the club .
The member acknowledges and agrees that they must not admit guests, or let anyone else use their 24.7 Membership Card at any time outside staffed hours. If you breach this term you will be notified by Fitness First and an initial tailgate fee of $25 will be payable in the club or via direct debit. Subsequent breaches will incur a $50 tailgate fee, your access to 24/7 will be removed or your membership may be cancelled. If you deliberately use the emergency system inappropriately, you agree to pay any costs, loss or damage incurred because of this inappropriate use.
8.2 Children and Minors
17 years old and under, are allowed access during staffed hours only, please refer to section 1.3.
8.3 General information
You will read and follow all safety instructions displayed on equipment and throughout club.
Relaxation areas including Sauna, Steam room, Spa and Pools and any alarmed areas are strictly out of bounds during unstaffed hours.
Do not bring valuables into the club, all belongings must be kept on you at all times or secured in lockers; Fitness First will take no responsibility for lost or stolen items.
The club is monitored by CCTV at all times.