Terms & Conditions

By clicking on “I agree to the above Membership Agreement”, you acknowledge and agree:

• You have been provided a copy of this Agreement and have read, understood and agree with all terms and conditions;
• You are physically and medically sound to undertake any activity at ONYX. You use the facilities at your sole risk and responsibility, and you are aware that exercise is physically demanding and participation in some activities may pose a risk to your health;
• You authorise a Debiting Agent nominated by ONYX from time to time to directly debit the nominated bank account, or credit card for any instalments or fees due under the terms and conditions of this Agreement; and
• You are entering into a legally binding agreement, where the terms and conditions of this Agreement can and/or will be used in the event of a discrepancy.

Once the Agreement is accepted, your Membership will commence on the Membership Start Date.

1. DEFINITIONS

24/7 means 24 hours per day, 7 days per week

Access Pass means the key fob that allows check in to the Gym

Access Pass Fee means the fee payable to receive an access pass

Agreement means this Membership Agreement including all terms and conditions

Check in means gaining entry to the Gym either using the Bluetooth check in on the ONYX App or access pass

Debiting Agent means the third party service provider we use from time to time to collect your Membership Fees.

Facilities and Services means the ONYX premises and all equipment, machinery, amenities, products, classes and all other services available at ONYX

Fees means all fees payable under this Agreement

Gym means the ONYX gym/club

Joining Fee means the fee payable when initially entering into the Agreement

Junior Member means any Member who is aged 16 or 17 years old

Member means any person that has entered into an Agreement with ONYX

Membership means your Agreement with ONYX

Membership Fee means the ongoing fortnightly fee payable for your Membership

Membership Hold means the Membership is temporarily placed on hold

Membership Start Date means the date this Agreement commences

Minimum Term means the agreed minimum amount of time of the Membership

ONYX means ONYX Gym Pty Ltd, ABN: 17 653 459 717

ONYX App means the mobile application available for Members to use, which also includes a Bluetooth feature to check in

Parent/Guardian means the lawful parent or guardian of a Junior Member

Pre-Screening Questionnaire means the screening questionnaire you must complete prior to joining and/or entering the gym.

Staffed Hours means the times staff are present and working at the Gym. These times may change from time to time with notice to you.

Tailgate means following another Member into the Gym without checking in to the Gym, either via Bluetooth check in or access pass

Us/We/Our means ONYX Gym Pty Ltd, ABN: 17 653 459 717

You means the person specified as the Member in this Agreement.

2. COOLING OFF

After signing this Agreement, you have a cooling off period of 48 hours to terminate your Membership (“Cooling Off Period”). The Cooling Off Period will commence immediately upon entering into this Agreement.

If you terminate this Agreement during the Cooling Off Period, your Membership will be cancelled and you will receive a full refund for any Fees paid to date.

To terminate this Agreement under this clause, you will be required to either advise us in writing or attend the Gym during Staffed Hours. If you have purchased an Access Pass, you will also be required to return it to the Gym in person. If you fail to return the Access Pass during the Cooling Off Period, or some other time frame agreed by us, all Fees will be refunded except for the Access Pass Fee.

3. MEMBERSHIPS

ONYX offers three (3) different Membership options:

• Ongoing Membership;
• Casual Visits; and
• Fitness Passport Membership.

The terms of this Agreement will apply to all Membership options.

4. ONGOING MEMBERSHIP

An Ongoing Membership is for a Minimum Term and payment is made periodically.

The Minimum Term of the Ongoing Membership is set out in the type of Membership purchased and is either a:

1. 12-month Minimum Term
2. 6-month Minimum Term
3. 1-month Minimum Term

All Ongoing Memberships require a fortnightly direct debit payment of Membership Fees for the Minimum Term, followed by ongoing fortnightly payments until the Ongoing Membership is cancelled. For example, a 6-month Ongoing Membership requires a minimum of 13 fortnightly payments, which is then followed by ongoing fortnightly payments until the Ongoing Membership is cancelled.

For our 12-month Minimum Term, we allow for payment to be made in full up front and the Membership will be terminated at the end of the term, unless renewed. At our sole discretion, we may offer a discount for payment of these fees in full. If the Membership is cancelled under clause 14, no refund will be provided.

5. ONGOING MEMBERSHIP RENEWAL

After the Minimum Term for all direct debit Ongoing Memberships, this Agreement will continue on a rolling fortnightly basis until you request cancellation of the Ongoing Membership under the conditions of Clause 14 of this Agreement.

All Ongoing Memberships for the 12-month Minimum Term that have been paid in full up front will automatically terminate at the end of the 12-month period. You will be contacted approximately 1 month prior to the expiry of your Ongoing Membership to renew. You may also request to renew either in person or in writing and select the new membership you wish to proceed with.

6. CASUAL VISITS

Casual Visits are available if you have not entered into an Ongoing Membership. Casual Visits allow access to the facilities on a one-off basis and as such the terms of this Agreement will apply.

Payment for casual visits must be made up front via eftpos, cash, or bank transfer.

Casual visits are only authorised during staffed hours and you will be required to complete the pre-screening questionnaire.

7. FITNESS PASSPORT MEMBERS

From time to time, ONYX may work with Fitness Passport which is a third party partner. The terms of this Agreement will apply to Fitness Passport Members.

Fitness Passport Members are required to purchase their membership through Fitness Passport directly and pay a one-off joining fee to ONYX, which will entitle you to full and ongoing access to the gym.

If you cancel your Fitness Passport Membership, your membership with ONYX will be terminated immediately and without notice to you.

ONYX reserves the right to cease working with Fitness Passport at any time without notice to you and will not be liable for any damages or losses suffered as a result.

8. JUNIOR MEMBERS

All Members aged 16 or 17 years old are considered Junior Members and both the Junior Member and their Parent/Guardian are required to accept the Agreement. By accepting on behalf of a child, the Parent/Guardian agrees to be responsible for ensuring the Junior Member exercises safely, pays their Membership fees and follows all terms and conditions of the Agreement.

Any person under the age of 16 is unfortunately unable to join the Gym due to safety reasons, as the Gym is not staffed during certain hours and supervision cannot be provided during these times. However, they may purchase casual visits, whereby the person and their Parent/Guardian are required to accept the Agreement. By accepting on behalf of a child, the Parent/Guardian agrees to be responsible for ensuring the person exercises safely and follows all terms and conditions of the Agreement.

9. GYM ACCESS

Gym access is subject to the satisfactory completion of the Pre-Screening Questionnaire.

Upon joining the Gym, you will be required to have a photo taken of you for safety and security reasons, and it will be stored in accordance with our Privacy Policy. The photo will not be used for any other purpose, nor will it be shared with any other party unless consent is provided by you.

You will be provided the option to either purchase an Access Pass to enter the Gym or download the ONYX App which will provide Bluetooth access to the Gym. If you lose your Access Pass, you must advise ONYX as soon as possible to ensure the pass is deactivated and cannot be used by anyone else. A replacement pass may be purchased from the reception at the Gym.

You are required to check in with either your Access Pass or ONYX App upon entry to the Gym at every visit for safety, security and insurance purposes. You must not allow anyone into the Gym or allow any other person to use your Access Pass or ONYX App to gain entry to the Gym. You must also ensure that other people do not Tailgate or follow you into the Gym without checking in. In cases of Tailgating, you may be required to pay an entry fee for the person you allowed into the Gym, your Membership may be suspended or cancelled, and/or you may be fined up to $250.

Entry to the Gym is subject to availability and ONYX reserves the right to refuse entry to any Member if it would result in the Gym exceeding any patron limits set for the venue.

ONYX and its staff have the discretion to refuse entry to any Member at any time if, in ONYX’s reasonable opinion, the Member has not or will not comply with this Agreement or any other policies/rules, or the refusal is necessary or convenient for the orderly operation of the Gym or for the safety of other Members, guests and staff.

You will also be required to complete an induction with a staff member prior to using the Gym. The induction will ensure you are familiar with the facilities and services and are advised of all safety requirements.

10. PRIVACY

Our Privacy Policy

From when you apply for a Membership, ONYX will have access to personal information about you, such as information relating to your health and finances. We will protect this information and only use, disclose, or deal with this information in accordance with our Privacy Policy. The latest version of the Privacy Policy is available on our website.

Please keep your contact details up to date

You agree to tell us promptly if you change your address, phone number, email, bank account, credit card, or if there is a change to any other personal information relevant to your Membership. This includes any matters that affect the health or safety of you or others.

11. HEALTH & SAFETY

• Your physical condition

1. You are required to disclose all relevant personal health and fitness information both before (through the Pre-Screening Questionnaire) and during the term of your Membership.
2. You agree that any information you disclose to us will be true and accurate and not misleading in any way. You must not attend and use the facilities and services whilst you are suffering from any illness, disease, injury, or other condition that could present a risk to the health or safety of other Members or yourself. If you are unsure, you should not use the facilities and services until you have sought appropriate medical guidance and approval.
3. In certain circumstances, you may be required to obtain medical guidance before commencing exercise. You acknowledge that the Pre-Screening Questionnaire or other screening is no substitute for medical advice and does not guarantee against injury or death.
4. If you are suffering from any illness or injury and wish to undertake exercise within the Gym, you must notify ONYX before commencing any exercise and sign a disclaimer in favour of ONYX in respect of any damage or injury you may suffer from exacerbating, complicating or suffering further injury due to exercising or using the facilities.

• Proper use of equipment

You agree to take care whilst using the facilities and services appropriately and safely using due care and reasonable skill. You must use all equipment in a manner that is not negligent and will not cause damage to equipment (excluding fair wear and tear). For example, intentionally dropping equipment or hitting them together.

If you have any difficulty using the facilities and services, you must cease using those facilities and services until you have notified staff and obtained guidance.

• Gym Rules

You agree to follow all ONYX Gym rules posted around the Gym and/or communicated by staff. The key Gym rules are listed below:

1. Towels must be used during all exercise to maintain hygiene and safety standards.
2. All Members must wear suitable sports clothing, including fully enclosed sports shoes to be always worn whilst exercising.
3. All equipment is to be put away after use, as well as all weight plates removed from bars and plate loaded machines.
4. Weights and equipment are not to be unnecessarily dropped, thrown, or hit together.
5. All Members must be courteous and treat each other with respect, this includes other Members, staff, or any other person in the Gym.

We may occasionally update our Gym rules to further promote health and safety, or to make other improvements. We will seek to inform all Members of any changes, although we expect you to stay familiarised with the current version of our rules by reading our signage in the Gym on a regular basis.

If you breach any of our Gym rules, the action we take will be at our reasonable discretion and we will try to exercise this right fairly by giving you a warning if we consider the failure to be less serious. In this regard however, you acknowledge that health and safety of all users, and protection of property is of the utmost importance. Accordingly, if we reasonably consider the failure to follow our Gym rules to be serious or persistent, we may suspend or cancel your Membership with immediate effect at our sole discretion.

• Refusal of entry

We can refuse you entry to the Gym or cancel your Membership immediately at our sole discretion if you are in breach of these terms, behave in a way that poses a serious risk to yourself or others, such as threatening or harassing others, deliberately or recklessly damaging equipment or facilities, or if you use, distribute, or sell illegal or performance enhancing drugs at the Gym.

• 24 Hour CCTV

ONYX has CCTV security cameras recording in and around the Gym on a 24/7 basis (except in bathrooms) and may have remote video or other guarding services. The CCTV is used for security purposes but does not guarantee against harm. This footage will be stored and used in accordance with our Privacy Policy.

The Gym also has emergency duress buttons for safety and security reasons. These buttons allow Members to alert a security company in the case of emergencies, such as a medical emergency or a physical threat. You agree to only use the emergency duress buttons in an emergency.

If you deliberately use emergency duress buttons inappropriately, you agree to pay for any costs, loss or damages incurred because of this inappropriate use and we reserve the right to immediately terminate your Membership without notice to you.

• Lockers

We provide lockers for you to use whilst exercising and using our facilities and services. However, you should not unnecessarily bring valuables to the Gym.

ONYX cannot accept responsibility for any loss or damage to your belongings whilst you are at the Gym. If you leave belongings in a locker overnight, we may remove them, and you may be able to claim them from our staff at reception in the Gym. However, items not claimed within 30 days are donated to charity.

Other than as described above, maintaining the security of unattended property in the Gym is not part of the service ONYX provides under this Agreement. Accordingly, if you choose not to use a locker to securely store your property and leave it unattended in the Gym, we will not be responsible for any loss or damage to your property that occurs.

• Parking

Designated ONYX car parking is available for use by Members, as well as out of business hours car parking. Signage is displayed in the car park and at the Gym indicating the spaces that are assigned to ONYX, as well as details of out of business hours car parking.

Parking is only to be used whilst you are at the Gym. You agree to use the car park at your own risk. We are not liable for any loss or damage to your vehicle or its contents whilst parked at the car park.

You agree not use any car space that is not a designated ONYX car space during business hours.

ONYX cannot guarantee that there will be any parking available at any given time.

12. MEMBERSHIP HOLD

You may temporarily suspend your Membership and your regular Membership fees for any reason, provided your Membership fees are paid and up to date and you have not breached any clause of this Agreement. Membership holds can be requested in writing or in person at the Gym and can be placed for a minimum of 1 week and a maximum (at no cost) as per the below:

1. 12-month minimum term: 10 weeks hold per 12-month period
2. 6-month minimum term: 4 weeks hold per 12-month period
3. 1-month minimum term: 2 weeks hold per 12-month period

Additional Membership hold periods can be requested; however, they are charged at a fee of $5 per week for all Membership types. This fee may be waived in cases of medical or hardship reasons. In these circumstances, you are to discuss this directly with a staff member and we will decide whether to waive the fee at our discretion.

ONYX reserves the right to approve or deny Membership hold requests at their sole discretion.

Whilst Memberships are on hold, the minimum term of the Membership will be extended for the same time as the Membership hold period.

You are unable to cancel your Membership during a Membership Hold period without ONYX’s express permission. If you have cancelled your Membership under clause 14, any holds will extend the notice period specified at clause 14.

13. CANCELLATION OF MEMBERSHIP

All requests for cancellation of Membership must be made by you, in writing and will be confirmed verbally with our staff, followed by confirmation in writing.

• Cancellation during the Minimum Term

You may cancel your Membership during the Minimum Term for the following reasons:

1. Medical: If you have contracted a serious illness or are suffering from physical incapacity to use the Gym for a minimum period of 3 months. You will be required to provide written certification from a medical professional acceptable to ONYX to confirm your physical incapacity for at least 3 months. You agree that we may contact the relevant medical professional for verification purposes.
2. Relocation: If you have moved your permanent residence more than 20 kilometres from the Gym. You will be required to provide evidence of your new address such as your driver’s licence or other reasonable documentation.
3. Fair Play: If you have genuinely shown that you have been using the facilities and services by attending the Gym a total of 13 times in the last 30 days (average of 3 times per week). You will not be required to provide any evidence, as this information will be obtained from our member management system every time you check in to the Gym.
4. Pay-out the remainder of the Minimum Term: If you do not meet any of the above reasons, you may cancel your Membership without reason by paying out all Fees payable for the remainder of the Minimum Term of your Agreement. This option is only applicable when the remainder of the Minimum Term is 4 weeks or greater.

If there are other reasons for terminating during the Minimum Term, ONYX may agree to the termination in their sole discretion and upon receipt of reasonable documentation and evidence.

• Cancellation on or after expiry of the Minimum Term

You may cancel your Membership on or after the expiry of the Minimum Term with no supporting documentation required and you must provide the requisite notice required under clause 14.2.

• Notice of Cancellation

All requests for cancellation of Membership must be provided with four (4) weeks’ notice from the date the cancellation request is made. This notice period does not apply in relation to a 12-month Ongoing Membership that has been paid in full up front.

ONYX reserves the right to deny a cancellation request if you do not comply with the above conditions.

All outstanding/overdue fees are to be paid in order to cancel the Membership. No refunds are issued for 12-month Ongoing Memberships that have been paid in full up front.

14. FEES PAYABLE

The Fees payable are set out in this Agreement. This clause sets out further rights and obligations that apply in relation to the Fees.

If you fail to make any payment when due, we can suspend your Membership and refuse you access to the Gym until all outstanding Fees have been paid, in addition to our other rights under this Agreement. Fees and charges continue to accrue during the suspension.

• Joining fee

We may charge you a Joining Fee to cover the set-up costs and ongoing administration for a new Membership. The Joining Fee is not refundable except in the case of cancellation during the Cooling Off Period.

• Access Pass Fee

We may charge you an Access Pass Fee if you choose to use an Access Pass instead of the ONYX App to check in to the Gym. You will also be charged for subsequent Access Pass Fees if you require a replacement Access Pass due to loss. The Access Pass Fee is not refundable except in the case of cancellation during the Cooling Off Period and on the condition that the Access Pass is returned in reasonable working condition.

• Membership Fees

If your Membership is for a 12-month paid in full Membership, all Membership Fees are required to be paid up front when you accept the Agreement. All other Membership types are paid fortnightly by direct debit payments. All fees are inclusive of GST and we may charge or pass on any payment processing fees from our Debiting Agent from time to time and at our sole discretion.

If your Membership Start Date begins after the first day of the direct debit payment period, your first payment will only be charged for the pro rata days for the remainder of the direct debit payment period. For example, if the Membership Start Date is 8 days after the first day of the direct debit payment period, the Member will be charged a pro rata of 6 days (remaining in the fortnight).

• Membership Fee increases

We will not increase your Ongoing Membership Fees during the Minimum Term.  However, we may increase your Membership Fees or any other Fees with effect any time after the Minimum Term ends. We will advise of any Fee increases in writing at least sixty (60) days in advance. Where we have done so, you authorise us to increase any debits of Fees from your nominated account in line with this increase. We will not use this right to vary the terms of any special offer which applies to you.

15. DIRECT DEBIT PAYMENTS

• Authorisation to deduct Fees

By nominating a credit card or bank account, you are authorising us to deduct from that account all Fees and other charges for which you may be responsible under this Agreement via our Debiting Agent. Accordingly, it is essential that you keep your account details up to date. We will store and retain these details in accordance with our Privacy Policy.

• If your payment is late or rejected

You are responsible for ensuring that there is enough money in your nominated account on the usual payment day, or the next working day if that falls on a day when banks do not process payments.

Any bank fees charged to us because of a rejection when we attempt to collect payments from you may be charged directly to you, by us or by our Debiting Agent.

If a payment remains outstanding, you agree that unless we are in breach of our obligations under this Agreement, we or our Debiting Agent may continue to debit the nominated account for the total amount due without notice to you. If the amount owing is more than one fortnightly direct debit payment, we will seek to contact you first.

If you fail to make payment of our Fees in accordance with this Agreement and we must act to recover our Fees, you will be required to pay the cost of that action (including debt recovery and legal fees).

• Debiting Agent

If your Membership type requires direct debit payments, direct debits will be made through a third party Debiting Agent who is not a party to this Agreement and whose only role is to provide direct debit services.

When submitting your application for the Membership you must complete a Direct Debit Authority. By submitting this authority, you authorise us to debit all Membership Fees from the nominated account or credit card via instalments in advance utilising the services of the Debiting Agent.

You agree that it is your responsibility to have sufficient credit in the nominated account/s so that payment is made to us on time and in full at the time the payment is processed.

ONYX accepts no liability where your nominated account is overdrawn as a result of us or our Debiting Agent debiting your nominated account for our Fees.

We will provide you with a copy of the terms and conditions that apply to the direct debit services. Those terms and conditions are entirely separate to this Agreement, and you may have rights and obligations under those terms and conditions. As such, the Debiting Agent acting in its capacity has no liability to you in connection with your involvement in exercise activities under this Agreement.

16. OTHER THIRD-PARTY PROVIDERS

We will seek to ensure that contractors and other authorised persons who provide services at the Gym are appropriately qualified before granting them access. Examples of providers may include coaches, physiotherapists, masseurs and personal trainers who may offer additional services from the Gym that are not included in your Agreement.

Please note that these providers are not employed by us, even if they happen to be wearing clothing that displays the ONYX name and logo. You will know that they are outside providers because they will require payment of their fee direct from you when you engage them.

ONYX is not liable for any injury, loss or other claims arising from breach of contract, negligence or otherwise that are suffered by you in connection with any third-party providers, other than to the extent caused by our negligence. In addition, you release us and hold us harmless in relation to any such claims.

We have no responsibility in respect of the fees that you must pay directly to these providers, nor for any associated costs or refunds. However, please advise us if you have any issues with a provider and we will try to help if we can.

17. OTHER PRODUCTS & SERVICES

18.1 There may be other products and services offered at the Gym that do not form part of your Membership but are available for you to purchase separately. These are not part of the services provided under your Membership and you will be advised at the time if any additional terms apply to these products or services.

18.2 Recovery Services

In addition to your Membership, you are entitled to purchase an add-on Recovery Membership. Members will need to have an existing Membership with ONYX to purchase this add-on. Casual Memberships may also purchase this add-on.

Bookings to use these Recovery Rooms are required and may occur through the ONYX App or by contacting ONYX directly. Any bookings added onto a Casual Membership must be made to ONYX directly. Bookings are subject to availability and ONYX does not guarantee the availability of the Recovery Rooms at any given time.

For existing Members, the use of these Recovery Rooms is limited to three (3) uses per calendar week. Additional visits can be purchased separately.

Payment of this add-on will be charged in alignment with the Membership.

The Minimum Term for this add-on is 1 month, with cancellation beyond this Minimum Term requiring 4 weeks’ notice. This add-on may also be put on hold and the relevant hold periods that will apply will be in alignment with the Membership. The relevant hold periods can be seen at clause 13.

Separate rules and policies regarding the use of the Recovery Rooms will be provided upon purchasing the add-on. These rules may change without notice to you and it is your responsibility to ensure that you are aware of any changes. These rules can be found within the Gym and on our website.

18. LIABILITY

• Statutory guarantees

ACL: The Australian Consumer Law (ACL) contained in the Competition and Consumer Act 2010 (Cth) (CCA) provides certain guarantees, including that our services will be rendered with due care and skill and are reasonably fit for purpose.

If we breach these guarantees and you suffer reasonably foreseeable loss or damage, to the extent allowed by the Australian Consumer Law, we limit our liability to any one or more of the following (in our absolute discretion):

1. the replacement of any products supplied;
2. the repair of any products supplied;
3. a refund of the Membership Fees paid; or
4. payment of the cost of you obtaining equivalent services elsewhere.

These consumer guarantees may not be applicable in circumstances where:

1. you simply change your mind after the Cooling Off Period;
2. you cause the problem yourself by misusing our products or services; or
3. you request a service to be done in a certain way against our advice or are unclear about what you want.

No refunds or compensation will be given in these circumstances.

Nothing in this Agreement is intended to exclude or restrict the application of consumer protection legislation that implies conditions or warranties into contracts for the supply of goods or services.

• Your responsibility for damage

You agree to pay for any damage to the Gym caused by you through a wilful act or negligence.

19. RELEASE AND INDEMNITY

By entering into this Agreement, you hereby release and indemnify us, our staff, employees, contractors, and other participants, with respect to any and all injury, disability, death or loss or damage to person or property, whether arising from our negligence or otherwise, that may arise out of or in connection with your use any of the equipment or the facilities provided by us, your participation in any activity, or any incident that occurs while using the Gym or participating in any activity.

To the extent permitted by law, we hereby exclude any liability to you for any injury, loss or damage to you or your property sustained by you or any other person for any costs, charges and expenses incurred by you arising from or in connection with this Agreement and/or the services provided by us and including any act or omission by us.

You expressly agree that this release is intended to be as broad and inclusive as permitted by law. If any part of this Agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. You acknowledge that the remainder of this Agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected.

20. ASSUMPTION OF RISK

You agree and acknowledge that:

1. your use and access to the Gym is at your own sole risk;
2. risk of injury from using equipment and the Facilities and Services in the Gym or participating in activities is significant, and may include permanent paralysis or death and you knowingly and freely assume all such risks;
3. we purchase or lease the fitness and exercise equipment as well as the Facilities and Services from third parties and therefore do not manufacture any of this equipment, and we are providing recreation services and may not be held liable for defective products or equipment;
4. you will not hold us liable for any personal injury, damage to or loss of belongings which may arise from ours, or our staff, members, clients, contractors or associates, negligence;
5. whilst at the Gym you may at times be unsupervised and you assume all risks associated with using any fitness and exercise equipment, the Facilities and Services and exercising alone without the aid and presence of any staff;
6. subject to this Agreement, you are not otherwise entitled to bring any guests to a Gym without our prior written consent, and if you do so, we may, at our sole discretion, suspend or cancel your Membership and the remainder owing on the Membership will be a debt due and payable to us;
7. we have the right to cancel or suspend your Membership and exclude you from the Gym (temporarily or permanently at our sole and absolute discretion) if you do not behave in an orderly manner, are under the influence of alcohol or drugs, are abusive to Staff and/or other members, use equipment improperly, dangerously or in a way that may lead to personal injury (whether to you or others) or you cause property damage of any kind, or do not adhere to any of the terms of this Agreement; and
8. by becoming a Member, you understand that this Agreement is legally binding whether your use is limited to one visit (casual), your use is through the Fitness Passport or you are on a Membership Plan.

21. OTHER CONDITIONS

• Unexpected events

We are not liable if you cannot use our facilities and services due to anything beyond our reasonable control. If that failure or delay continues for more than 30 days, then either you or we can cancel this Agreement with immediate effect by telling the other party in writing.  We reserve the right to make part or all of the Gym and/or facilities and services unavailable for up to two (2) weeks during each calendar year to undertake maintenance, repairs or improvements, in which case we will extend your Membership by the time you are unable to use the facilities and services without extra charge.

• Our logo and intellectual property

No rights in relation to our logo, trademarks or any other intellectual property rights associated with our business, techniques, exercise programs or classes are granted to you under this Agreement, except that any exercise program created for you may be used while you are a Member for the purpose of your exercise activities.

• Transferring this Agreement

We can transfer the rights or benefit under this Agreement or sub-contract our obligations under this Agreement to a third party at any time without notice to you, but in doing so we will ensure that the transferee agrees to honour the terms of your Membership.

• Severability and waiver

If a court finds that any part of any term of this Agreement is or becomes illegal, void or unenforceable, that part is deleted, and this does not invalidate the rest of this Agreement. If we do not enforce our rights under this Agreement at any time, it does not mean that we may not do so on future occasions.

• Applicable law

The law of the New South Wales applies to this Agreement.