Gym Membership Terms

These Terms and Conditions set out the whole agreement between you and us for the supply of services and constitute an agreement between you and us.

Please ensure that you read and understand these Terms and Conditions.
i. “Club” means a facility owned and operated by Healthworks Marden.
ii. “Club Rules” means the rules and regulations governing the use of a Healthworks Marden.
iii. “us” “we” and “our” means Healthworks Marden directors, staff and contractors.
iv. “Member/s” “you” and “your” means on-going direct debit, card payers and prepaid members.
v. “Start Date” means date stated on this agreement or online submission, or day of membership expiry date for renewing member/s.

1. MEMBERSHIP OPTIONS
i. Prepaid periodic membership entitles you to full use of the club facilities for the stated period on this agreement or online application and begins once payment has been received.
ii. Day Pass entitles you to full use of the facilities for one day only and a single class credit will be issued with the purchase of a class pass, which expires on the same day.
iii. Joint membership entitles you and additional member full use of the facilities of the club for stated period and additional terms.
iv. Set Term Direct Debit membership, entitles you to full use of club facilities for the stated period on this agreement or online application and begins on acceptance of this Membership Agreement.

2. YOUR MEMBERSHIP
i. On entry into this Membership Agreement and every time you enter a club during your membership, you warrant and represent to Healthworks Marden that you have no medical conditions known to you that would mean that you are not capable of all forms of exercise and that such exercise will not be detrimental to your health. If in doubt, it is your sole responsibility to consult a medical practitioner or to cancel your membership.
ii. Your membership applies to you personally: you cannot hold, lend, assign or transfer it to another person. iii. We reserve the right to implement a waiting list at any time if we deem it necessary to do so.
iv. We reserve the right to make or change minor points or amendments in this Membership Agreement without notice to you.

3. PAYMENT OF FEES
i. By completing the online application form and agreeing to be bound by these Terms and Conditions; you agree to pay all Healthworks Marden membership and other fees on time.
ii. Paying by Weekly Direct Debit: Your first week’s membership fees are collected from you by us by Direct Debit (collected on sign up) on the start day on this agreement or online application date. Your second and subsequent Direct Debit for weekly membership fees will be collected from you each 7 or 28 days in advance. There is a $14 late payment fee for default or late Direct Debit payments.
iii. Periodic Prepayment by card: Membership fees are due once you complete your application in store or online.
iv. Paying extra add on by card: When adding an Optional Extra to your membership, access is instant.
v. All payments made are non-refundable under any circumstances.

4. FACILITIES AND SERVICES
i. In order to gain access to our Club you must provide your access card at all times.
ii. You must not allow another person to access our facilities with your access card. Failure to comply will result in the cancellation of membership.
iii. Your access card is for personal use only, you must not lend, assign or transfer it to another person. Failure to comply will result in the cancellation of membership. Lost or damaged cards are available for $40 replacement fee.
iv. You acknowledge that to provide the highest standards of facilities, our Club may need to close certain or all facilities temporarily for decorating, cleaning, essential repairs or maintenance of equipment and special events, that this may disrupt the provision of services to you and agree that such disruption shall not amount to a breach of this agreement by us.
v. Staffed hours are subject to change and we will normally provide 1 month’s written notice where reasonably practicable.
vi. Our gym is equipped with CCTV in operation at all times.

5. CLUB USAGE
i. You must familiarise yourself with the Club Rules before you use our Club. The Club Rules are displayed throughout our Club and on the website. We may cancel or suspend your membership without notice if you break these rules.
ii. You must wear appropriate clothes and shoes in the Club. Fully enclosed, clean sports shoes must be worn in all public (non-studio) areas. You are required to wear a singlet or shirt at all times in Healthworks Marden. No work boots or work attire to be worn during work out.
iii. A sweat towel must be carried at all times, and equipment must be wiped down after use. Our no sweat towel, no workout rule is enforced.
iv. Weights must not be dropped, and must be replaced after use. Failure to comply will result in the suspension or cancellation of membership.
v. Lockers are for use when in the gym only – any contents in occupied lockers will be emptied overnight and contents will be donated to charity after 2 weeks if they remain unclaimed.
vi. No bags are allowed on the gym floor at any time.
vii. You must not abuse the equipment or facilities of our Club (you will be liable to pay for any negligent or deliberate damage to property).
viii. You must not behave in a violent, rude or threatening way or in a manner which distresses or causes discomfort to other members of the gym or gym staff.
ix. You are aware that your participation in our classes and programs may involve strenuous activity and risk associated with such use and/or participation. You release us from all liability and responsibility whatsoever including personal injury or negligence by us.
x. The use cameras or phones whilst on the equipment or in the training zone is not permitted.
xi. Smoking, including the use of e-cigarettes is not allowed in any part of a Club. Possession of alcohol, narcotics or other mood-altering substances is not permitted, neither is the use of a Club while under the influence of any of these substances.
xii. We may refuse admission to or ask you to leave the relevant Club if Healthworks Marden reasonably believe that you have broken any section of this paragraph. No refund will be given if you are asked to leave a Club in such circumstances.
xiii. Members must secure their personal belongings on their person or place and secure them in the lockers provided by us at all times whilst using a Club’s facilities. Your property is left in these lockers entirely at your own risk.
xiv. You are responsible for ensuring that you correctly operate or use any facilities and/or equipment (including adjusting levels or settings) which we provide. If you are in any doubt about how to correctly operate any equipment, you must consult one of our representatives before use.

xv. Personal Trainers
i. Personal Trainers operate in our clubs on a self-employed basis. Any service they provide to you constitutes a contract between the Personal Trainer and you, rather than Healthworks Marden. We accept no responsibility for breach of contract or negligence caused by a Personal Trainer.
ii. Healthworks Marden does not allow any personal training to be done in the club by anybody that is not part of the Healthworks Marden self-employed personal training team. Any members suspected of personal training will have their membership cancelled.

6. DATA COLLECTION
i. In the course of your membership, we may collect certain personal information about you including personal details, financial details and information about your health. We will use this information for purposes including managing your membership and communicating with you. You will always be given the opportunity to opt out of such communications via our website. You have the duty to keep your personal information up to date and to inform us of any significant changes.
ii. We will limit access to the processing of and use of your personal information to our employees and management who may, from time to time, require its use for marketing or other services.
iii. Please contact the manager of the Club if you have any questions or concerns about how Healthworks Marden will use and store your personal information or if you wish to exercise your right to access, modify, object to the use of or request the deletion of your personal information.
iv. We reserve the right to take photographs of our facilities (which may include you, provided your inclusion is incidental) for press and promotional purposes.
v. As a member of Healthworks Marden, you acknowledge that you have read and understand the provisions of this paragraph 7 and that you agree that Healthworks Marden may collect, use, process and disclose your personal information as described.

7. CANCELLATION
Cancellation of your membership
i. Direct Debit Memberships: You may cancel your membership at any time after the payment of the first month’s fees, please note that you must give 28 days notice for cancellation. You must do so in writing either by completing a cancellation form or by email.
ii. Set Term Direct Debit Memberships:
You may cancel your membership within the 7 day cooling off period. A cancellation fee of $150 is applicable. You must cancel 5 working days before your next payment date, to ensure that no further payments will be taken. You must do so in writing by completing a cancellation form
iii. or by email.
iv. Prepaid Memberships: You may cancel your membership at any time. No refunds will be given for remaining period.
v. Any overdue amounts must be settled on or before cancellation date.
Cancellation by us
i. We may cancel your membership without notice if you commit a material breach of this agreement including, but not limited to, a breach of the Club Rules, abuse or threatening behaviour or vandalism or other illegal activity.
ii. We may cancel your membership with immediate effect if you have breached any terms and conditions of this agreement.

8. COMPETITIONS
i. No alternative prize is available and the prize is not transferable. There is no cash equivalent.
ii. The competition is open to all members.
iii. Closing date is midnight on the end date given for each competition. You must hold an active membership at the time the competition is drawn.
iv. Winners will be notified within 14 days. Winners agree to use of their name and a picture or video of them receiving the prize to be used in any promotional activity referring to the competition.

9. FORCE MAJEURE (ACT OF GOD)
i. For the purposes of this agreement, a Force Majeure Event means an event beyond the reasonable control of Healthworks Marden including but not limited to strikes, lock-outs or other industrial disputes (whether involving Healthworks Marden or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
ii. Healthworks Marden shall not be liable to you as a result of any delay or failure to perform its obligations under this agreement as a result of a Force Majeure Event.
iii. If the Force Majeure Event prevents Healthworks Marden from providing any of the services for more than 90 days, Healthworks Marden may, without limiting its other rights or remedies, have the right to terminate this agreement immediately by giving written notice to you.

10. GENERAL
i. Our failure to enforce any of our rights at any time, for any period and for whatever reason will not be construed as a waiver of such rights; neither will any failure to identify or act upon your breach of the terms of this agreement be deemed to be an affirmation by us that your behaviour is acceptable.
ii. Where a provision of this agreement is deemed to be invalid or unenforceable by any Australian Court, the provision will be deleted but such deletion will not affect the validity and enforceability of the remaining provisions.
iii. We may assign or transfer the benefit of this agreement our obligations under it, to any other legal entity at any time without notice to you.
iv. All and any Intellectual Property Rights in or arising out of or in connection with the services provided or in relation to this agreement shall be owned by Healthworks Marden.
v. Except where permitted by this agreement, neither party may alter the terms and conditions without the written agreement of the other party and no written or oral representation by either party will serve to modify or amend these terms and conditions in any way.
vi. This agreement shall be governed by Australian law and the Australian courts shall have exclusive jurisdiction to deal with any disputes arising in relation to it.

11. COVID-19 SOUTH AUSTRALIA STAGE 2 CONDITIONS (TEMPORARY)

i.                 Changes to our service to you:
a) Access is limited to 20 members for each of the designated areas (Cardio, Weights Zone, Studio) you may not be able to access the facility if these allocations are exhausted.
b) Your access details may be shared with corresponding authorities for the purpose of 'Contact Tracing of Covid 19'
c) A reservation or booking system may be issued for attending our facility during peak or all hours.
d) Time limit of 1 (one) hour of continuous access to the facility during peak access or any other time specified by the facility.
e) Group fitness or instructor lead classes will not be available (Group Fitness only members can hold/ pause their membership at no cost until restriction is lifted)
f) No change Rooms facilities
g) Services may be interrupted due to additional cleaning or regulatory requirements

ii.                Additional requirements for members
a) Ensure that the facility has your latest and up to date contact details
b) Not attend the facility if you are feeling unwell.
c) Not attend the facility if you have returned from interstate or international travel less than 14 (fourteen) days.
d) Not exceed the limit of the 20 member per allocated zone capacity
e) Maintain 1.5 metre distance from other members within the facility - no contact, including hi-fives, shakes, hugs
f) Clean towel and water bottle ( no shared water fountain is permitted)
g) Wipe down equipment after use
h) Maintain Government strategy of Get In, Train, Get Out