2/1618 Canturbury Rd, Punchbowl NSW, 2196 02 8710 7453 info@allhoursfitness.com.au

All HOURS FITNESS TERMS AND CONDITIONS

The following terms and conditions apply:

At All Hours Fitness we are committed to providing you with a safe, secure fitness facility. As we are a 24 hour facility but not staffed for 24 hours we ask you to maintain our security protocols at all times.

All Hours Fitness Club is under 24-hour CCTV video surveillance. Your activities will be recorded whether you are working out or entering/leaving the building and entering/leaving the restrooms. This video system is used only for security purposes. You must use caution when entering or leaving the building. This surveillance system does not protect you from harm in or on the building premises. An emergency telephone is available if you feel threatened or witness suspicious activity.

Under no circumstances shall you allow access to non-members and/or people who knock on the door. Doing so may put you and other members at risk of injury or harm, and could result in your membership privileges being cancelled. The club is equipped with panic buttons and an emergency call button. These are designed to alert authorities in the event you or other members are either threatened or in need of help.

Member Notification: Members may not bring in guests at any time without prior consent from All Hours Fitness staff. If this policy is violated, the member will be charged a guest fee/penalty of $50 and/or have their membership suspended or cancelled. Members may not allow anyone else to use their personal access tag and must inform the club immediately if it is lost or stolen. Violating this policy carries the same penalties. A replacement tag will be charged at $40.

Club members who do not have their personal access card will not be allowed into the facility during non-staffed hours, nor should they ask other members to let them into the facility. Doing so will attract penalties for both parties. Personal training services provided in this facility may be provided either by employees or by independent contractors operating their own business. If a club member is unsure of how to use a piece of equipment, he/she should obey instructions from the staff or personal trainers. Members are also required to use the safety features of the equipment. Members are not permitted to provide personal training to other members in the club without being registered as a club personal trainer. Doing so will result in immediate membership cancellation.

Vulgar language, abuse of the equipment, working out while intoxicated, yelling/screaming, loud noises, intimidation, not abiding by all posted signage, warnings and gym rules or any other inappropriate behaviour will not be tolerated and may result in the suspension or cancellation of the offending member’s membership, cancellation policy and fees will apply to the cancellation of their account. Photography and/or videography are not allowed anywhere in the fitness club.

Member Assumption of Risk and Release: You understand there is a possible risk of injury from club activities. Using any club equipment can include the potential for permanent injury or death. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown and acknowledge that this is an UNSUPERVISED FITNESS CLUB and I assume all risks associated with using exercise equipment alone without the aide and presence of club staff on the premises. You understand that All Hours Fitness is independently owned and operated.

We STRONGLY advise all members to consult with their General Practitioner before the use of any club equipment. You therefore declare that you are in a good state of physical condition, health and fitness and that there is no medical reason whatsoever that could be regarded as a restriction upon or an obstruction to your application for membership. Members are therefore entirely responsible for any risk that may arise as a result of personal health factors.

You explicitly agree that this release is intended to be as broad and inclusive as permitted by the laws of this state and if a portion of this release is held invalid, the balance shall remain in full force and effect. This release shall apply to ALL members of the club without exception, including minors included in the membership of parents and/or guardians or with parent/guardian consent. You hereby release, indemnify, and hold harmless the Club, All Hours Fitness, their respective owners, officers, affiliates, agents, employees, sponsors, advertisers and, if applicable, owners and lessors of premises used to conduct any sponsored event (Releasees), with respect to any and all injury, disability, death, or loss or damage to person or property, whether arising from the negligence of the releasees or otherwise, that may out of or in connection with your use of the equipment or the facilities of the Club or any incident that occurs while using the Club’s facilities or engaging in Club activities on or off the premises or otherwise related to your Club membership.

Tailgate Penalty Fees

Members are requested NOT to allow anyone into the facility at any time and for any reason. By becoming an All Hours Fitness member you understand and agree that your personal access tag is registered to your name and your name alone. You are NOT permitted to allow access into the facility anyone other than yourself and it is your responsibility to ensure that the members door is closed and secure upon your entering AND exiting of the facility.

In any instance where you do allow another person access into the facility, a tailgate fee of $50 will automatically be applied onto your account and debited on the next business day. Incorrect use of your personal access tag to gain entry into this facility such as sharing with non-members or multiple entry can also result in IMMEDIATE CANCELLATION OF YOUR MEMBERSHIP AND A PENALTY OF $200. Please be reminded that you are under constant 24 hour video surveillance.

Weights Penalty Fees & Occupational Health & Safety

It is your responsibility to return your weights to their appropriate/allocated position immediately after use. Fines of up to $50 apply and gym access may be restricted for non-compliance. For hygiene purposes and safety reasons you are required to use a towel and wear closed footwear at all times whilst using the facility. Thongs/sandals are not permitted.

Member Right to Cancel

48 hour Cooling-off period: If you wish to cancel your membership contract, you may cancel by providing written notice to All Hours Fitness. The notice must say that you do not wish to be bound by the contract and must be received within 48hrs from the joining date. If you cancel, the club will return any payments already made (less a $50 cancellation fee). Cancellation after the 48 hour Cooling-off period will incur Early Cancellation fees.

Early Cancellation:  If you have chosen to cancel within the Membership term, you are required to pay the full amount left on your existing Membership. This also applies should you relocate your place of residence or for any medical reason. Members do have the option to pause their membership for a period of up to 1 month per year. If you do not pause or cancel your membership your payments will continue. It is your (the member’s) responsibility to cancel or pause your membership for non-use. If you have not done so and wish to return to the club and have an outstanding amount owing, it must be paid in full before recommencing of membership. Upfront memberships do not have an early cancellation.

Cancellation after the minimum term: You can cancel your membership after the minimum term free of charge. You must give us 14 days notice, meaning you must let us know prior to your last payment. Your cancellation notice must be in writing and delivered to All Hours Fitness.

Minors: As parent/guardian of a minor, I take full responsibility for any and all actions, damage, injuries, or loss to property or person, performed by minor with or without my supervision to the club. I further agree that any breach of the clubs policies on the minor’s part may constitute to loss of minor’s and/or my membership privileges.

Please note: When your contract term ends, the direct debits will continue unless there is a cancellation requested. You will be held liable for these charges as it is your responsibility to cancel your membership.

The Customer agrees to pay all amounts due in clear funds within the agreed timeframe but no later than 7 days from the date of first notice. By signing this release, I have read, understand and hereby agree to the terms and conditions as stated in this declaration.

The Customer agrees that if it fails to pay in accordance with this clause, the Company may:

(a)        Charge a late payment fee on all amounts paid after the due date;

(b)        Charge interest on debts at 15% per annum from time to time;

(c)        Charge a dishonour handling fee in the amount of $25.00;

(d)        Recover all collection and legal costs and expenses incurred in collecting overdue accounts on an indemnity basis;

The Customer will be in default if the Customer does not pay any monies payable when called upon so to do the Customer and the Guarantor(s) jointly and severally acknowledge and agree that the Company is authorised to contact a credit reporting agency throughout the term of the Agreement to obtain a report about the creditworthiness of either the Customer or the Guarantor(s) or both.

The Customer and the Guarantor(s) jointly and severally authorise the Company to engage in the exchange of information with a credit reporting agency or with other such parties as are necessary to give effect to the contract and to the ongoing relationship between the parties hereto.

The Company reserves the right to report a Customer’s delinquent account to a credit reporting agency should payment remain outstanding for more than 30 days. In addition the Company may refer the outstanding account for debt collection or issue legal proceedings to recover any outstanding invoices. Should an account be referred for debt collection the Customer acknowledges and agrees to pay debt collection charges to be calculated at not less than 20% plus GST and will be incurred on the day the Company refers the matter to their nominated debt collection agency. The Customer shall also be liable for interest and all legal recovery costs associated with such action on a solicitor and own Customer or indemnity cost basis.

2/1618 Canturbury Rd, Punchbowl NSW, 2196 info@allhoursfitness.com.au 02 8710 7453