TERMS AND CONDITIONS
Terms and Conditions
- Membership is subject to the terms and conditions of the Centre (Broadway Gym ABN:64 651 731 734 and is subject to change at the management’s discretion.
- Management reserves the right to change conditions, hours and services. It also reserves the right to reject any application for membership
- Membership is not transferable or assignable by you and membership fees paid by you are not refundable under any circumstances, except where required by law
- Should a membership key require replacement, a fee of $29.99 will be charged
5. Members are required to present their membership key on every visit to Centre
6. Any change of address or contact details must be notified to the Centre
- The member will have no claim whatsoever against Broadway Gym the ‘owners’ ABN 64 651 731 734
- 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 the 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 the club or online
TERMINATION OF MEMBERSHIP
- Membership may be terminated by the management without notice or refund and with immediate effect if:
- Gymnasium rules are not adhered to, or if behaviour in the Centre is not acceptable or for any other reason that the management deems inappropriate.
- The member breaches any of the terms and conditions or the rules and regulations of the Centre at any time
- Any part, or the whole of the outstanding fee(s) is/are due & payable and has exceeded the agreed pay-by-date by 4 weeks.
- Management reserves the right to terminate any membership at any time and the decision for termination will take immediate effect and without refund.
- All decisions made by the management for the termination of membership will be final and binding.
- Upon termination of membership, the member shall forfeit all privileges of membership with immediate effect and immediately return the membership key and any other evidence of membership that remains the property of the Owner. The member will remain liable for any fee(s) outstanding, which will become due and payable at the date of termination.
- Memberships are not transferrable between existing members under any Membership may be transferred to a new member from an existing member at management’s discretion and $150.00 transfer fee will apply
- The member will have no claim whatsoever against Broadway Gym Pty. Ltd ABN 64 651 731 734 arising out of the termination of the membership
FEES AND PAYMENTS
- Payments may be made by Bankcard / Visa / Mastercard, subject to availability, or by cash, and must be made on or before the agreed due dates. Payments exceeding the agreed due date may incur a late fee or result in termination of membership, at management’s discretion
- All fees are subject to change without notice, unless specified otherwise
Memberships that are paid via Direct debit/PIF,
- The direct debit set up fee is $19.99, and the fail fee for each fail transaction is $10.00, all these fees are subject to change by the direct debit company used.
- After the fixed term is completed membership can be cancelled by giving a notice of one payment in writing in person at the gym. Request must be made in writing and should be received by centre before 2 working days (Mon-Fri by 5pm) of your next direct debit date
If you cancel fixed term membership before the contract end date you will be charged $199 and any outstanding balance.
- No Commitment contract cannot be cancelled on joining day & requires a notice of one future payment in the normal billing cycle
- If you have left the country, moved interstate or if you cannot come to gym in person and cancel in writing, an administrative fee of $50 will be charged along with all other fees outstanding and notice period fees after receiving written request according to standard cancellation policy
- Notice must be given in person at the gym during staffed hours. Notice must be given 2 working days (Mon to Fri – 9am to 5pm) before the next direct debit date
- Debt Collection Fee – $150. This will be additional to outstanding membership fee & any other charges like dishonour fee.
- All membership fees, including direct debit authorities, may be varied with 30 days prior notice to the member at the discretion of our accounts manager for instance by publishing them on our website or placing a notice in club or writing to the address you last gave us
- 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.
- Any discontinuation of membership, including the discontinuation/lapsing of any membership, will incur a new joining fee upon re-joining the centre
- 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
- Freeze – You can freeze up to 6 fortnightly payments in a calendar year. 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 and only two time freeze is allowed in one calendar year. $10 administration fee to make changes to any processed freeze requests.
- Up Front memberships are non-refundable under any circumstances, except where required by law
HEALTH AND SAFETY OF MEMBERS
- The member represents and warrants that he/she is in good physical condition and suffers no medical conditions and that there is no other reason which renders active or passive exercise inappropriate and/or be detrimental to his/her health, safety or comfort, or the health, safety or Comfort of other members
- Should the member be suffering from any infections or communicable illness or disease, or any other conditions of such nature, which may be determined to the health, safety and/or comfort of other members, the member shall not engage in the use of any club facilities.
- Suitable clothing should be worn at all times while in the Centre’s premises. This includes covered shoes.
- Torn & soiled clothes/footwear not allowed and proper gym/exercise dress must be worn at all times
RULES OF ETIQUETTE & ADMISSION WHEN USING FACILITIES
- Towels must be used at all times and equipment must be wiped down after use, and the gym’s policy is
“NO TOWEL NO WORKOUT”
- Bags are not allowed inside training areas
- $250 Fine for misuse of Emergency Buttons.
- Smoking, alcohol, weapons, dangerous goods or substances and drug use and/or solicitation is strictly prohibited in the Centre.
- Any disorderly, rude or offensive behaviour will result in termination of the membership(s).
- Any wilful or negligent act causing damage to the Centre’s property or equipment will incur liability for damages. Cost of repair/replacement or any other associated will be deducted using your payment details provided.
- If direct debit is not possible for any reason, it is your responsibility to make payment for the damage and all associated recovery cost if required, such as debt collection
- You recognise and understand that if you provide access to Broadway Gym for any person other than you, using your access card or key fob, whether they are a member or non-member, whether they exercise or do not exercise, whether they are known to you or are not known to you, that you may be charged a $250 penalty which will be automatically charged using your payment details provided and that you may also have your membership immediately cancelled. If direct debit is not possible for any reason, it is your responsibility to make payment.
LIMITATION OF LIABILITY
- I hereby acknowledge that I use the premises and all facilities of the centre entirely at my own risk. Members have sole responsibility for their own decisions and actions with respect to any form of and/ the intensity of the exercise undertaken. Members will have sole and complete responsibility for any injury or loss suffered as a consequence.
- Members are responsible for the behaviour of their dependent children and/or guest and are liable for any damages they incur in the Centre.
- In consideration of the owners allowing access to the Gymnasium, the entrant herby releases and forever acquits and discharges the ‘Owners’, their employees, servants and agents, from all liability, whether personal or to the property, occasioned to the entrant and/or the entrant’s guests and/or dependents. This includes any loss, damage or theft of any property brought onto the Centre’s premises by the member, or any guest and/ or dependents, and includes any death, personal injury or illness occasioning as a result of using the Centre’s facilities and/or equipment.