Risk Warning under Division 5 of Part 1A of the Civil Liability Act 2002 (NSW)
Exercising at LiveFit is a dangerous recreational activity and involves a significant risk of physical harm. In signing this agreement, you hereby agree and acknowledge that this agreement contains a “risk warning” to you about the dangers and risks of physical activity and that you may suffer loss or damage to property, injury or death as a result of your participation in any exercise program, class or activity at LiveFit.
Release and Indemnity
To the full extent permitted by law, you hereby release LiveFit from any claims that you may otherwise have against LiveFit in respect of any damage, injury, loss or death that may be occasioned by virtue of your participation in any exercise program, class or activity at LiveFit, howsoever caused.
LiveFit utilises the services of independent contractors from time to time. LiveFit takes no responsibility for any act or omission by a contractor and you hereby agree and acknowledge to release LiveFit of any liability arising from a contractor’s act or failure to act.
LiveFit staff are not medically trained and are not in a position to provide medical advice. You must not rely on a representation by LiveFit staff as to your medical condition. If you are in doubt as to your capacity to engage in exercise you should consult a medical professional before entering LiveFit.
LiveFit staff are not trained or qualified in child care. LiveFit accepts no responsibility for any death or injury caused and you should supervise your children to ensure their safety.
These are the Terms and Conditions on which LiveFit (“we”, “us”, “our”, “Fitness Studio”, or “LiveFit”) is willing to provide membership to you.
In the event that you are below the age of 18, the terms and conditions will apply to you and your parent and/or guardian jointly and severally.
THIS IS AN IMPORTANT DOCUMENT – PLEASE ENSURE THAT YOU READ IT CAREFULLY
1.1 The Membership Agreement, including these Terms and Conditions and signs and notices in the fitness studio constitutes the entire Agreement between you and LiveFit. You acknowledge and agree that you have received a copy of your Membership Agreement.
2.1 You understand that your Membership commences on the Membership start date on page one of this Agreement unless terminated in accordance with this Agreement and continues until the Membership Expiry Date shown on page one (1) of this Agreement.
2.2 Your membership will continue beyond the termination date if and when you have paid the relevant fees applicable for a membership extension.
3.1 Subject to clause 5 of this Membership Agreement, LiveFit reserves the right to vary any aspect of this Membership Agreement at any time upon 14 days’ notice you. In the event that a variation is made the amended Membership Agreement may be accessed at LiveFit or from www.livefit247.com or upon request posted to your nominated postal or email address.
3.2 All use of LiveFit and its facilities, services and products after the date specified in such notice will be subject to such altered Terms and Conditions. If you continue to use LiveFit and its facilities, services and products after the date such alterations become effective or otherwise demonstrate by your conduct that you agree to the altered Terms and Conditions, you will deemed to have agreed to the altered Terms and Conditions.
4.1 Subject to clause 5 of this Agreement, LiveFit reserves the right to increase or decrease its Membership Charge or Other Fees and Charges. LiveFit will endeavour to provide you with written notice of the changes by notifying you by email or post of any increase to the Membership Charge. For the duration of your Minimum Membership Term or your Pre-Paid Term you will not be required to pay a Membership Charge different to the figure identified in Part B of this Membership Agreement.
4.2 The changes will take effect 14 days after the notice has been received by you. In accordance with section 76 of the Interpretation Act 1987 (NSW), if the variation has been posted to you, we deem receipt to have occurred four (4) business days after the notice was posted to you. In the event that the notice has been emailed to you, we deem receipt to have occurred on same date and the fourteen (14) day period is to commence on the following day. At the end of the fourteen (14) day period and without prior written notice to the contrary, you authorise LiveFit and/or the direct debit company to debit the new amount to your account.
4.3 Direct Debit members will be notified by mail of any increase to the Membership Charge. If LiveFit provides notice and has not within 14 days received notification of your objection, you hereby agree, acknowledge and authorise your account to be direct debited by the varied amount.
4.4 LiveFit reserves the right to vary your direct debit date and amount, and add any fees incurred, without prior notice to you if you have defaulted on any payment.
5.1 You are entitled to terminate your Membership Agreement with immediate effect at any time by providing us with prior written notice if higher membership fees applicable to your membership are introduced or you do not wish to continue to use LiveFit after an amendment to these Terms and Conditions as contemplated in clauses 3 or 4 above.
5.2 The fees applicable for terminating in accordance with this clause are provided in Schedule 2 of this Agreement.
6.1 If you are entering into an agreement for a period of three (3) months or more you may cancel your Membership Agreement within seven (7) days of signing the Agreement.
6.2 Despite clause 6.1 above, you will be subject to the administration fee.
6.3 If you have utilised LiveFit’s services, you may be charged a fee for those services at the discretion of LiveFit.
6.4 Notice of cancellation within the Cooling Off Period must be through entry in LiveFit’s cancellation booklet. This is located at the front desk of the premises and will be entered by the staff member present at the front desk.
6.5 The Cooling Off Period is limited to new members only and does not apply to any and all renewing members.
7.1 In the event of permanent physical or mental incapacity, you may cancel your LiveFit membership at any time, you may be subject to fees as stated in Schedule 2.
7.2 You must provide written notification to LiveFit enclosing a copy of a medical certificate providing evidence of the permanent physical or mental incapacity in which you are seeking to rely on.
7.3 In the event that you are a Pre-Paid Member, the remaining portion of your membership term will be refunded to you and is calculated from the date LiveFit receives written notice.
7.4 In the event that you are a Direct Debit member, LiveFit will instruct any Direct Debit Agent to discontinue deduction, subject to the requirement of 14 days’ notice.
8.1 In the event of temporary physical or mental impairment, you may defer your LiveFit membership up to a period of six (6) weeks. Your membership will resume automatically after this period, unless notice is given again as stated in clause 8.2.
8.2 You must provide written notification to LiveFit enclosing a copy of a medical certificate providing evidence of the temporary physical or mental incapacity in which you are seeking to rely on.
8.3 In the event that you wish to defer your membership, you will be required to complete and sign the “On-Hold Book” prior to such deferment taking place.
9.1 To defer your membership for any other reason, being a reason that does not fall into either clause 7 or 8 above, you will be required to complete and sign the “On-Hold Book” at LiveFit at least five (5) business days prior to deferment taking place.
9.2 You may defer your membership for a period of no less than one (1) week.
9.3 12 Month Memberships have a maximum of four (4) weeks on hold period. All other memberships are on a pro rata basis.
9.4 Any deferment that falls within this clause 9 and is for a period in excess of four (4) weeks will be subject to a ‘Freeze Fee’. The Freeze Fee is payable upfront at any time of requesting deferment under this clause 9 and will be deducted in place of your regular payment.
9.5 On-Hold periods must be in seven (7) day increments for weekly payments or 14 day increments for fortnightly payments.
10.1 If you cancel your Direct Debit Membership within the Direct Debit Minimum Term you will be subject to the fee set out in Schedule 2.
11.1 Your Direct Debit Membership is an ongoing contract and will continue until you provide notice by signing the cancellation paper work at LiveFit.
11.2 LiveFit will not accept verbal notice of termination or notification from someone else acting on your behalf, unless that person acting on your behalf is a parent or guardian for a member who is under the age of 18.
11.3 Your Membership Agreement with LiveFit will be terminated within 28 days of notice being received.
11.4 At the time of termination any money owing will be direct debited from your account and you hereby authorise the deduction of any outstanding payments, fees or charges.
11.5 If there is insufficient money in your account or the account is closed, the money owing will be treated as a debt and LiveFit will take all necessary steps to recover the amount owing and in addition any charges reasonably occasioned in its recovery.
11.6 Subject to clause 7, LiveFit will not issue a refund for the termination of Pre-Paid Memberships.
12.1 LiveFit reserves the right to cancel or alter any scheduled session.
13.1 LiveFit requires a minimum of 24 hours’ notice to cancel or vary a Personal Training or other appointment. If you fail to provide the minimum notice you will be charged as per Schedule 2.
13.2 LiveFit reserves the right to change the trainer for any appointment without notice.
14.1 Fully enclosed, clean sports shoes must be worn in all areas of LiveFit during workouts for safety reasons. You are required to wear appropriate clothing at all times on our premises. This includes wearing clothing that appropriately covers your body and does not expose yourself to staff and/or other members of LiveFit.
14.2 Please refer to Schedule 1 of this Membership Agreement for more information on our dress code policy.
15.1 Towels must be used when participating in classes and when exercising on gym equipment to maintain hygiene and safety standards. All equipment used (including bags and mats) must be wiped down with a spray bottle and paper towel after use.
16.1 For security purposes, LiveFit uses video surveillance equipment to monitor the gym floor on a 24 hour basis. By signing this agreement you acknowledge that by accessing the facility you will be subject to video surveillance and recording. Video surveillance is limited to the floor area only, and is not within the walls of the bathrooms or client screening rooms.
17.1 Except as provided in these Terms and Conditions all monies are non-refundable.
18.1 You must be at least 14 years of age to utilise LiveFit facilities and services, otherwise your parent or guardian must be present or give consent. If you are under 18 years of age your parent or guardian must sign the Membership Agreement in addition to you.
19.1 LiveFit only grants members 24/7 access to its facilities. If you bring a non-member into the facility or facilities during hours:
19.2 You accept responsibility and liability for any injury, loss or damage attributed to the non-member whether or not caused through the negligence of LiveFit; and
19.2 Your membership may be terminated with a $50 non-compliance fee charged to your nominated bank account; and
19.3 You may be prohibited from re-joining LiveFit for a period to be determined by the relevant Manager.
20.1 LiveFit operates on a 24/7 basis and is accessible by members during unstaffed hours. As a member utilising the Facilities you acknowledge that you enter and use the Facilities at your own risk.
20.2 If you feel there is a risk to your personal property, health and safety or you have any other concerns regarding the undue effect of exercising in an unstaffed facility, then DO NOT sign this Agreement.
21.1 The staffed hours for LiveFit are displayed at the entrance to LiveFit and on our website at http://www.livefit247.com/. LiveFit reserves the right to make amendments to staffed hours at any time without prior notice to you.
22.1 LiveFit will occasionally conduct classes off Premises in order to add variety to our training regimes and to offer the best services to you. If you do not agree to attend to a training session off premises, please feel free to advise the trainer responsible for that class.
22.2 In the event of a class being conducted off Premises, you hereby agree and acknowledge that you participate in that class at your own risk and acknowledge that off Premises classes may involve risk of injury, whether caused by you, another party or the environment. You release, to the fullest extent permitted by law, LiveFit against and from all expenses, costs, liabilities, claims, actions, proceedings, damages, judgements and losses of any kind whatsoever arising out of, caused by, attributable to or resulting from any accident, damage, loss, damage to property, injury or death to you or any other person.
22.3 You indemnify LiveFit against and from all expenses, damages, costs, liabilities, claims, actions, proceedings, judgements and losses of any kind whatsoever that LiveFit incurs arising out of, caused by, attributable to or resulting from any accident, conduct, omission, loss or damage to property caused by you.
23.1 We can refuse entry to LiveFit, cancel your membership and / or terminate this Membership Agreement without warning or notice to you for inappropriate, threating or harassing behaviour, damaging equipment or facilities, or use of illegal or performance enhancing drugs in or on our premises.
24.1 LiveFit reserves the right to suspend or terminate this Agreement in the event that you fail to pay in accordance with the terms of this Agreement. For the avoidance of doubt, this includes Direct Debit members whose payment is not received by LiveFit when due and payable for whatsoever reason.
24.2 In the event that LiveFit seeks to Direct Debit your account and payment is not received when due and payable and no other amounts are outstanding, LiveFit will notify you of such amount that is due and payable and will require payment to be made within 14 days. In the event that all payments due and payable under this clause 24 are not received within 14 days, LiveFit reserves the right to suspend this Agreement until such time as payment has been received in cleared funds by LiveFit.
24.3 In the event that LiveFit seeks to Direct Debit your account and payment is not received when due and payable on two consecutive occasions, LiveFit may in its sole discretion suspend this Agreement and may deactivate your FOB until such time as payment is received. In the event that all payments due and payable under this clause 24 are not received within 14 days, LiveFit reserves the right to terminate this Agreement and you will be immediately liable for any and all termination fees applicable in accordance with this agreement.
24.4 In the event that LiveFit seeks to Direct Debit your account and payment is not received when due and payable on three consecutive occasions, LiveFit may in its sole discretion terminate this Agreement and you will be immediately liable for any and all termination fees applicable in accordance with this agreement.
25.1 You use the Facilities provided by LiveFit at your own risk and acknowledge that the use of the facilities may involve risk of injury, whether caused by you or another party. You release, to the fullest extent permitted by law, LiveFit against and from all expenses, costs, liabilities, claims, actions, proceedings, damages, judgements and losses of any kind whatsoever arising out of, caused by, attributable to or resulting from any accident, damage, loss, damage to property, injury or death to any person.
26.1 You indemnify LiveFit against and from all expenses, damages, costs, liabilities, claims, actions, proceedings, judgements and losses of any kind whatsoever that LiveFit incurs arising out of, caused by, attributable to or resulting from any accident, damage, loss, damage to property, injury or death to any person caused by you at or in the premises or in the vicinity of the premises.
27.1 LiveFit is not liable to you for any personal property that is damaged, lost, or stolen while on or around the premises including, but not limited to, a vehicle or its contents or any property left in an open locker or storage space. If you cause damage to the premises or any equipment you are liable to LiveFit for its cost of repair or replacement also fine and termination. Unsatisfactory use of equipment or behaviour which disturbs other members may lead to membership termination also fine and termination.
28.1 You are solely responsible for any damage which you may cause to LiveFit, its facilities, services, products or equipment.
28.2 You are responsible for any damage which you may cause to any equipment, services, products, facilities or otherwise during a class that is not conducted on the Premises and you indemnify LiveFit from all expenses, damages, costs, liabilities, claims, actions, proceedings, judgements and losses of any kind whatsoever that LiveFit incurs arising out of, caused by, attributable to or resulting from any accident, damage, loss, damage to property, injury or death to any person caused by you
29.1 Provision of a safe and effective exercise program is dependent upon accurate health and fitness profiling. It is your responsibility to seek medical clearance prior to commencing any exercise program. You agree to disclose to us all relevant personal health and fitness information both prior to and during engagement in any exercise program, service or facility we provide to you, as part of your membership. This is inclusive of any health risk assessment, initial and periodic fitness assessment and relevant information or recommendations provided by your medical practitioner. You further warrant and represent that you will not use LiveFit or any of our facilities, services or products whilst you are suffering from any infections or contagious illness, disease or other ailment or whilst you are suffering from any physical ailment such as open cuts, or sores, or minor infections where there is a risk, however small, to other.
30.1 You must keep us promptly informed of any changes of address, phone contact numbers, email address, bank account and credit card details for payment and any other personal information that is relevant to your membership with us.
30.2 In the event of information being posted out to you, you will be taken to have received the information four business days from the date of posting. If your account details are incorrect you may be liable for fees from the direct debit provider and your bank.
31.1 As a result of repair, maintenance, public holiday, or special occasions, LiveFit may be required to restrict the use or temporarily close or halt LiveFit activity from time to time. There will be no reduction, suspension, abatement, or apportionment of membership fees or other charges during such time when the above-mentioned occurs.
31.2 LiveFit hours of operation may be modified from time to time without prior notice to you. LiveFit reserves the right to change the facility from time to time, to eliminate or add facilities and services, and to change the type or quantity of equipment and services.
31.3 LiveFit may from time to time reserve the use of its facilities for special events, competitions and private functions.
32.1 You must comply with the Fitness Studio Rules and Etiquette set out in Schedule 1 and these Terms and Conditions. Failure to comply will result in the termination of your Membership Agreement.
32.2 In addition LiveFit reserves the right to cancel your Membership Agreement without prior notice or refund in the event of any serious inappropriate conduct including but not limited to:
32.3 Threatening or inappropriate behaviour (sexual or otherwise) or harassment of staff or clients;
32.4 Deliberate or reckless behaviour causing damage to the Fitness Studio or equipment;
32.5 The use of illegal or performance enhancing drugs; or
32.6 Theft of any equipment or other client’s personal effects.
37.1 If you have a complaint about the way the gym services are delivered please follow the procedure outlined below:
37.2 Speak to a staff member
37.3 If after 14 days you are dissatisfied with the response write to LiveFit Manager;
37.4 The Manager at LiveFit will contact you by mail or by phone within 14 days; and
37.5 If you are still dissatisfied contact the NSW Department of Fair Trading.
38.1 Any clause of this Membership Agreement that is deemed to be unenforceable by law will not affect the validity or enforceability of the remainder of the Membership Agreement.
39.1 You must not assign any rights or benefits under these Terms and Conditions unless you have obtained our prior written consent.
39.2 We may assign or transfer any rights or benefits under these Terms and Conditions at any time without notice to you. However, we will remain liable to meet our obligations to you under these Terms and Conditions and the Contract.
40.1 During the process of entering into the Contract with you and during the Term of the contract we will obtain access to certain types of your personal information, such as information relating to your health and financial position. We will only use, disclose or deal with such information in accordance with the Privacy Act 1988 (Cth).
41.1 These Terms and Conditions are governed by, and you agree to submit to the laws applicable in New South Wales.
42.2 Use of the crèche facilities is subject to the rules & conditions on display. The crèche is not a childcare facility and LiveFit will not be held responsible for any death or injury, howsoever caused.
FITNESS STUDIO RULES AND ETIQUETTE
You must not:
These rules are in addition to those that may be brought to your attention through signs, notices or hand-outs within the Fitness Studio.
$75 Administration fee for cancellation within ‘Cooling off Period’.
$500 Direct Debit cancellation within Direct Debit Minimum Term for Family or Couples memberships.
$300 Direct Debit cancellation within Direct Debit Minimum Term.
$12 Direct Debit dishonour fee.
$30 Set up fee
$3 Fortnightly Direct Debit fee
$15 Replacement FOB
$50 Transfer fee
Cancellation Book – The record of member signatures authorising cancellation of direct debit payments.
Direct Debit Agent – The person or company authorised by LiveFit to directly debit your account.
Direct Debit Member – Members who have chosen to pay the Membership Charge and relevant fees and charges via direct debit.
Direct Debit Minimum Term – The period in time prior to the completion of the minimum payments as identified in Part B of your Membership Agreement.
Family or Couple – members who have joined LiveFit under LiveFit’s Immediate Family pricing policy.
Fitness Studio – The LiveFit building and grounds including the car park.
LiveFit – LiveFit 24/7 Pty Ltd ABN: 26 162 666 971
Manager means Matthew Kenny and/or Lynnette Kenny.
Membership Agreement – This Membership Agreement and any variations made from time to time.
Membership Charge – The amount you pay for the gym services only as identified in Part B. This amount excludes any Other Fees and Charges as identified in Schedule 2.
On-Hold Book – the record of member signatures authorising membership deferment.
Other Fees and Charges – Any amount required to be paid by you outside of the Membership Charge and as identified in Schedule 2.
Premises means the Premises located at Building 1&3, 124-126 Wakaden Street Griffith and the areas in the vicinity of the building but does not extend to the area located on or within the buildings/businesses neighbouring or adjacent to LiveFit.
Pre-Paid Member – members who have chosen to pay the Membership Charge up front.
Pre-Paid Term- the period of time from the date you enter into the Agreement until the date identified in Part B of this Membership Agreement.
Rules – The regulations covering your behaviour in the Fitness Studio as notified in this Agreement or as otherwise brought to your attention through signage, letters to you, publication on www.livefit247.com or other reasonable means.
All eligible members may have access to the gym during extended hours. Please note there will be no staff present in the facility out of the staffed hours. Current staffed hours are available at www.livefit247.com or at gym. (staffed hours are subject to change).
Please read the following terms and conditions relating to use of the facility out of staffed office hours and sign to acknowledge you understand and agree to the terms and conditions.
TERMS AND CONDITIONS
Failure to comply with the rules and regulations of out of hours access will result in instant cancellation of your membership without refund.