1. Contract Formation
A contract is formed once the contract has been signed by you and Club Active Tweed accepts it. The laws to the state of New South Wales and the Commonwealth will govern this contract. Club Active Tweed has seven (7) days after the formation of the contract to rectify any error or miscalculation in the contract. Club Active Tweed reserves the right to accept or decline your contract.
2. Cooling Off Period
After applying for membership, you have a seven (7) day period (“Cooling off period”) during which you may cancel your membership. Notice must be given in writing. A refund equal to the Membership Fee and any additional amounts paid minus the Welcome Pack Fee and the cost of any fitness services already supplied will be applicable. Normal Club Active Tweed membership termination terms apply when terminating your contract after the cooling off period.
You must ensure you read, understand and abide by the terms and conditions of the contract as well as any other rules provided by Club Active Tweed as required.
4. Membership Entitlement
As soon as a contract is formed, you are bound by the membership terms and conditions. As a member you are entitled to use the facilities only during the scheduled Club Active Tweed opening times. Memberships are non-transferable and fees non-refundable except where otherwise provided.
5. Disclosure of Physical Condition
Provision of a safe and effective exercise program is dependent upon accurate health and fitness profiling. You agree to disclose to Club Active Tweed 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 a part of your membership. This is in addition to the initial and any subsequent health consultation, and any relevant information or recommendations provided by your medical or allied health practitioners. You further agree that you will not use Club Active Tweed 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 condition such as open cuts or sores or minor infections where there is a risk, however small, to other members and guests.
6. Club Active Tweed Membership Key
All financial members will be given a Club Active Tweed membership key. This key will be enabled for the duration of your Club Active Tweed membership, and will be required to access the centre and any personalised exercise programs. Entry into Club Active Tweed may not be permitted without a valid membership key. Entry without a membership key is at the discretion of staff and upon the production of photo I.D.
You must not lend your membership key or allow any other person to use it – this is a breach of contract and may lead to immediate termination of membership.
NOTE: Replacement keys when lost/stolen will incur a fee of $15. This covers only the cost of the key.
7. Welcome Pack Fee
A one-off Welcome Pack Fee is applicable to all direct debit and fixed term memberships, payable upon joining. This fee is charged to cover initial set up costs associated with a new Club Active Tweed membership including membership key and administrative costs. Please note this fee is non-refundable, including during the cooling off period.
8. Lifestyle & Grey Nomad (Direct Debit) Membership Fees
All direct debit fees are paid fortnightly in advance on every second Tuesday. If your payment is not successful on the due date, you agree that we may continue to, without notice to you, debit your nominated financial institution account until payments are up to date.
An initial upfront fee will be charged that is the pro-rata amount of the time remaining in the current debit cycle (if applicable).
NOTE: All direct debit transaction fees (bank account and credit card) charged by financial and direct debit institutions will be surcharged in addition to membership fees.
9. Fixed Term Membership Fees
All fixed term membership fees must be paid in full up front at the commencement of your membership. Fixed term membership are available for 3, 6 or 12 months. Cash, cheque, debit or credit card payments are accepted. Please note fixed term membership are non-refundable and non-transferrable.
10. Outstanding Fees
If any membership amount payable is not paid on the due date, access to Club Active Tweed may be suspended until such time as payments are up to date. Club Active Tweed has the right to refuse entry to members with more than one membership payment outstanding on their account until such time as payments are up to date. Fees charged by direct debit service providers and/or financial institutions for late/dishonoured transactions will be on-charged to the member.
11. Termination – Lifestyle & Grey Nomad (Direct Debit) Membership For Lifestyle and Grey Nomad memberships, fourteen (14) days written notice is required to terminate your Club Active Tweed membership. A completed Membership Cancellation Request must be given, in person, to a Club Active Tweed staff member. Cancellations over the phone will not be accepted.
The termination notice period will involve payment for your final fourteen (14) days membership. Your membership will then be cancelled on day fifteen (15) when it becomes non-financial. The membership can still be used up to and until it becomes non-financial.
Your termination notice cannot be considered effective until you receive written acknowledgement of your termination notice. We will endeavour to acknowledge your membership cancellation within 7 days of receiving your termination notice.
All direct debit memberships are “no contract”, however, an early termination fee is applicable when cancelling a direct debit membership within the first twelve (12) months of joining.
NOTE: A membership cannot be cancelled if there are payments outstanding on the account. The membership must be fully financial for a cancellation request to proceed.
12. Termination – Fixed term Membership
Fixed term membership will be terminated at the close of business on the last day specified on the membership, including any suspension periods, if applicable. Club Active Tweed will endeavor to provide written notice of an impending end to a fixed term membership. A two (2) week “grace period” will apply to fixed term memberships for members who wish to renew their membership without incurring an additional Welcome Pack fee, subject to a valid and working membership key.
13. Membership Fee Increases
Club Active Tweed reserves the right at any time to increase any or all fees. Reasonable endeavours will be made to provide written notice to your listed address at least one (1) month prior to any such increase. If membership fees are increased and reasonable endeavours have been made to provide prior notice, you hereby authorise Club Active Tweed to increase any direct debits to your nominated credit card or bank account. We will not use this right to vary the terms on any special offer, if any, which applies to you.
14. Membership Suspensions
Membership suspensions are only available for Lifestyle and Grey Nomad (Direct Debit) Memberships and 12 Month Fixed Term Memberships. Suspensions are not available for 3 and 6 Month Fixed Term Memberships. A membership cannot be placed on suspension if there are payments outstanding on the membership account. The membership must be fully financial for a suspension request to proceed.
a) Lifestyle Memberships & 12 Month Fixed Term Memberships
Suspensions are permitted in multiples of two (2) weeks to a maximum of four (4) weeks per calendar year. Pro rata membership fees will be charged for suspensions effected outside of the direct debit billing date – every second Tuesday (Lifestyle Membership only).
b) Grey Nomad Memberships
Grey Nomad Memberships offer unlimited suspensions. Minimum suspension period is two (2) weeks. Pro rata membership fees will be charged for suspensions effected outside of the direct debit billing date – every second Tuesday.
NOTE: All suspensions must be applied for in writing via a completed Membership Suspension Request at least two (2) days prior to the commencement of the suspension. Memberships cannot be suspended retrospectively. All Lifestyle and Grey Nomad (direct debit) membership suspensions incur a suspension fee of $5.00 per week to cover financial and direct debit institution costs.
15. Change of Personal Details
You agree to inform Club Active Tweed of any changes to your personal details including address, contact numbers, email, bank account or credit card details for payment and any other information relevant to your membership.
a) As a member using Club Active Tweed you acknowledge that you enter and use the facilities at your own risk.
b) Fully qualified and experienced Accredited Exercise Physiologists (AEPs) and/or Gym Supervisors will be available during operational hours to offer assistance and advice.
c) For the safety of people and property inside Club Active Tweed, 24 hour CCTV surveillance is recorded live. CCTV coverage is limited to gym floor, reception areas and group fitness room. Consultation rooms and bathrooms are excluded from CCTV coverage.
d) In case of emergency, please follow the Emergency Plan displayed in Club Active Tweed, and follow the instructions of Club Active staff.
e) At no time is a member to enter Club Active Tweed under the influence of alcohol, illicit drugs and/or medications that state strenuous activity to be avoided on its warning label. Please consult with AEP staff if unsure.
We reserve the right to refuse entry to any person, and have the right to suspend your Club Active Tweed membership without warning or notice for any harassment, inappropriate or threatening behaviour including causing willful damage to equipment in our facility.
18. Breach of Terms and Conditions
Any breach or failure to comply with membership terms and conditions or unreasonable behaviour may result in the immediate suspension or termination of your Club Active Tweed membership dependent on the discretion of management.
19. Feedback and Complaints
The primary goal of Club Active Tweed is to “change the way you age” by providing an environment for you to be healthier, fitter and more socially active and happy. We remain committed to assisting you with any concerns you may have. Feedback forms are available at reception. Complaints should be directed, in the first instance, to the Club Active Tweed Manager who will endeavour to contact you within 7 days to discuss and resolve your complaint. Should you feel that your complaint has not been resolved effectively, you may wish to take up the matter with the Club Active Managing Director.
20. Limitation of Liability, Release and Indemnity
While every effort will be made through the initial induction process and ongoing support and supervision, you agree that it is your responsibility to ensure that you use the equipment and/or facilities correctly. If unsure, please seek the services of Club Active Tweed staff.
Warning: While minimal, there does exist the risk of injury or death while exercising at Club Active Tweed. Every effort will be made to provide a safe environment in which to exercise including the provision of appropriate exercise prescription aligned with your physical condition and goals.
We will, unless excused from liability by operation of statute, compensate you for death, personal injury, illness or property damage caused by gross negligence on our part and in a manner fit for the purpose which is reasonable to expect in all circumstances. In consideration of the grant of membership to you, entitling you to engage in fitness activities, you hereby otherwise:
- agree, to the extent permitted by law, to not hold us liable for any actions, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs and expenses however arising that you may have had but for this clause arising from or in connection with your involvement in fitness activities at Club Active Tweed or using our facilities, services or products;
- agree that you will indemnify us to the extent permitted by law in respect of all actions, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs or expenses however arising as a result of or in connection with your involvement in fitness activities at Club Active Tweed or from using our facilities, services or products.
21. Property Damage
You are responsible for any willful and negligent damages you cause to Club Active Tweed facilities/equipment.
You must not assign any rights or benefits under these Terms and Conditions unless you have obtained our prior written consent. 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.
23. Intellectual Property
These Terms and Conditions do not give you any intellectual property rights in Club Active Tweed, or in our facilities, services or products.
24. Privacy Statement and Acknowledgement
Club Active Tweed may alter these Terms and Conditions at any time upon thirty (30) days written notice. All use of Club Active Tweed 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 Club Active Tweed 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 be deemed to have agreed to the altered Terms and Conditions.
If any part of this Contract is or becomes illegal, void or unenforceable, this does not invalidate the rest of this Contract.
CODE OF CONDUCT
The Code of Conduct has been designed to ensure that you have a safe and enjoyable experience while at Club Active Tweed.
1.1 Club Active Tweed membership entitles the member to use all facilities, equipment and services in accordance with terms and conditions, displayed on such equipment or as advised verbally by our staff.
1.2 Membership is only granted when all membership contract paperwork has been satisfactorily completed and all payments processed.
1.3 All changes to membership details, including personal details, health status, and bank details must be communicated to Club Active Tweed in writing.
1.4 Should a maximum membership level be reached, a waiting list will be put into operation.
1.5 Foundation memberships are/were available from January 2017 through to 28 February 2017 inclusive, and are restricted to the first 100 Lifestyle or Grey Nomad (direct debit only) memberships.
1.6 Fees applicable to Foundation members are for the lifetime of their affiliation with Club Active Tweed but are subject to fee increases in line with other relevant membership fee increases.
1.7 If a First 100 Foundation member cancels their membership at any time, it lapses and cannot be reinstated. This membership must remain financial at all times.
2. Initial Health Consultation
2.1 All new members must complete an initial health consultation conducted by a Club Active Tweed Accredited Exercise Physiologist (AEP) prior to engaging in any activity or using any equipment.
2.2 The initial health consultation will take approximately 30 minutes and includes completion of a Physical Activity Readiness Questionnaire (PARQ), heart rate and blood pressure measurements, functional movement screen and anthropometric measurements. This is to ascertain your suitability to exercise and to prescribe an appropriate level of exercise prescription aligned with your personalized goals.
2.3 Following the initial consultation, a second consultation (induction) will include an introduction to the facility and supervised use of the equipment and your exercise program (if applicable).
2.4 Where additional medical documentation is required during or following the initial health consultation, the member shall not be permitted to use the facilities until a satisfactory clearance certificate is obtained from the relevant medical practitioner. This is to ensure member safety and to provide an appropriate duty of care.
3. Group Exercise
3.1 For safety and to avoid disruption, members will not be admitted into any group exercise class after the warm up period.
3.2 In the event of classes reaching capacity, a booking and/or ticket system may be utilized based on a first in first served basis. A waiting list will be used once a particular class reaches capacity. Members are required to abide by booking procedures and etiquette displayed within Club Active Tweed.
3.3 Club Active Tweed reserves the right to suspend the booking privileges of members who repeatedly fail to attend a booked class.
3.4 There will be no admittance to any class without a valid membership.
3.5 You are requested to assist with packing away your mat and/or other exercise equipment after use.
3.6 Fees for certain specialist classes and courses may be charged, and you will be informed of these charges in advance by Club Active Tweed.
3.7 Club Active Tweed reserves the right to replace any instructor and replace/cancel any class when deemed appropriate or necessary.
4. Health and Exercise Recommendations
4.1 You are advised not to increase your exercise program beyond the progressions stipulated by Club Active AEPs or gym instructors without first consulting them, or use an unfamiliar piece of equipment.
4.2 If there is any change to your medical status, you are obliged to inform a Club Active Tweed AEP or gym instructor before exercise and act on their advice.
4.3 If any exercise hurts or you feel unwell or light-headed, stop exercising and inform a member of staff.
5. Personal Training
5.1 Designated Club Active Tweed staff only are permitted to offer personal trainer services at Club Active Tweed.
5.2 The engagement of third party personal trainers is not allowed at Club Active Tweed.
5.3 Third party personal trainers are not permitted to utilize Club Active Tweed facilities or solicit members while at Club Active Tweed.
6. Change Rooms & Personal Property
6.1 Bathrooms and a change room have been provided for your convenience. Please be respectful of other members when using these facilities, and do not leave any items in bathrooms or change room.
6.2 Club Active Tweed takes no responsibility for items left in bathrooms or change room.
6.3 Please ensure you take responsibility for your own personal items. Club Active Tweed takes no responsibility for personal items lost or stolen at the club.
6.4 Items left at Club Active Tweed and found by staff at the end of each day will be placed in Lost Property. Please see a Club Active staff member if you have a lost property enquiry. Lost Property will be given to charity or thrown out every fourteen (14) days.
7.1 All members must workout with a towel. This is for the health and safety reasons, and for the respect of other members.
7.2 Please wipe down equipment after use. Please use cloths and disinfectant spray bottles located around Club Active Tweed.
7.3 All members must wear clean and appropriate exercise apparel at all times when at Club Active Tweed, including closed in footwear, i.e. no bare feet, thongs or sandals. Participants in yoga, Pilates, Tai Chi or meditation group classes are excepted.
7.4 Please replace weights and other exercise equipment after use.
7.5 Club Active Tweed encourages you to be considerate of other members and adhere to any time restrictions placed on machines, especially during busy times.
7.6 Please conduct yourself in manner that does not disturb or endanger others.
.7 The consumption of food is not permitted within all Club Active Tweed exercise areas. Cold beverages only may be taken into exercise areas. Food and hot beverages may only be consumed in the Members Lounge.
7.8 All members are requested to assist staff and vacate Club Active Tweed by the designated closing time each day. Please be mindful of closing times especially if the use of the change room or bathrooms is required prior.