TERMS AND CONDITIONS
Make sure you read these terms before using our services!
Last Updated: 05/08/2020
This agreement is made between PrimoFit HQ Pty Ltd (ABN 78 626 360 156) and the member whose name appears in the application for membership agreement. The member’s name who appears in the application acknowledges that they are over the age of 18.
If the Member is of limited legal capacity (i.e. between 14 and 17 years of age), you represent that you have obtained the consent of your statutory representative prior to entering in to this Agreement, and that the signature of the Parent / Guardian contained herein, is that of your Member’s Parent / Guardian.
You acknowledge that you have received a copy of your Membership Agreement. We have seven days after the formation of the Primofit HQ Membership Agreement (“agreement”) to rectify any error or miscalculation provided in this agreement.
2. PrimoFit HQ Rules
You must ensure that you read, understand, and abide by the Rules (“Rules”) which are notified to you through signage, handouts, or our website (www.primofithq.com)
3. Entire Agreement
The Rules, these Terms and Conditions and the Application for Membership and Agreement form the entire agreement between the parties (The Agreement) and any previous representations or documents whether provided by Primofit HQ or its agents or employees is excluded from this agreement.
4. Age Restrictions
All guests must be over the age of 18. Any member under 18 years of age understands that usage restrictions may apply and that this may change at any time as required by legislation and/or club policy.
You understand that the following age restrictions are in place for members aged between 14 to 16 years of age. There will be no access to weights based training areas or group exercise classes which include resistance training, unless supervised one on one by a personal trainer. A Parent or Guardian must be Primofit HQ Member and must be present at all times.
Any member under 18 years of age understands that usage restrictions may apply and that this may change at any time as required by legislation and/or club policy.
5. Commencing Date
You understand that your Membership commences on the Membership start date on page one of this Agreement (or when the Club opens in the case of “pre-sales”) and is ongoing unless terminated in accordance with this Agreement.
6. Membership Card Usage
Membership cards are not transferable and must be shown on every visit to gain entry. Photo identification is necessary with Primofit HQ membership purchase and an ID photo will be taken for the Primofit HQ database records only.
If you allow your membership card to be used by another person for the purpose of obtaining admission, this amounts to the repudiation of the Agreement and we may terminate the agreement with you paying all monies due under this agreement. In the event of a lost or stolen Membership card, you should contact Primofit HQ regarding the reissue of a replacement card.
A fee of $10 will be charged to cover the cost of the replacement card.
7. Health and Safety
The following Health and Safety procedures must be followed upon entering our gym facilities.
Dress Code – Fully enclosed, clean sports shoes must be worn in all public (non-studio) areas of Primofit HQ and during workouts for safety reasons. Appropriate workout clothes should be worn at all times. You are required to wear a singlet or t-shirt at all times.
Towels and Cleanliness – 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 towel after use.
Gym Floor – To prevent trip hazards, no bags are to be brought to the gym floor or studios, and weights are to be put away correctly after use.
8. Lost Property
We highly recommend that you use lockers for your belongings. Primofit HQ does not take responsibility for loss, damage, or theft of your belongings. Any items of lost property will be held for one month and then donated to charity.
9. Child Minding
If Child Minding Services are offered at the club, parents/guardians must sign the appropriate sign-in sheet and agree to the Terms and Conditions of Child Minding Services at Primofit HQ Additional fees may be charged.
10. Membership Types
Use of the Club’s services and facilities are governed by the Membership Type as listed on page one of this Agreement.
Membership Types and their respective access restrictions are:
Use of gym facilities at home club only.
ELITE & CORPORATE
Use of gym facilities plus specialty classes.
Access to other Primofit HQ Clubs
Elite and Corporate members are entitled to bring one guest per visit. Member and guest must arrive and depart at the same time. Members are not allowed to bring in guests once they have registered a swipe to enter the club.
Guests must be over the age of 18 & not a current Primofit HQ Member. Guests must complete the guest register and show a valid ID upon entry.
11. Upgrading/Downgrading Membership
There is an administration fee of $10 for all upgrade and downgrade applications. Members wishing to upgrade, must pay the additional pro-rata for the current billing cycle and last month’s membership. Members downgrading will forfeit the right to last month’s membership at the higher membership. No refund will be provided.
12. Prepaid fixed term agreement
If you choose to pay for this membership in advance you must pay for a minimum period of 12 months in full. This is not refundable, or transferable, and cancellations of Prepaid Memberships can take up to 6 weeks for processing.
13. Cooling Period
After applying for membership, you have a seven day period (“Cooling Off Period”) during which you may cancel your membership. Notice must be given in writing. Upon cancellation under this clause, a refund of 50% of the monies paid may be applicable and access to the club will be denied. Refunds will be made by EFT or Cheque. No Cash refunds will be issued.
If you terminate your Agreement after the Cooling off Period, different conditions will apply. The following termination clauses outline your right to terminate the Agreement.
14. Termination Procedures
Any request for Membership termination must be made in person at your Home Primofit HQ Club. A Termination Form will need to be completed and authorised by you. You will receive a copy of this form, keep this for your records.
You are required to provide one months notice for any termination request. Requests via phone, fax, email or other mediums may not be processed.
All termination requests will be processed on the day of submission, however if this falls within 3 days of billing date, your termination will be processed the following business day after billing. All outstanding debt must be settled prior to Termination requests being authorised.
15. Termination (Expiry of the Minimum Term)
If you have a Prepaid Fixed Term Agreement (paid in full upfront payment), it will terminate automatically upon expiry of the Minimum Term.
16. Termination (Changes to T&C)
You are entitled to terminate the Agreement with immediate effect at any time by providing us with written notice if higher membership fees applicable to your membership are introduced to these Terms and Conditions as contemplated in clause 36.
17. Membership Holds
You may place your membership on hold for medical, travel, and military reasons upon the provision of satisfactory supporting documentation. Membership holds are available for a minimum of 2 weeks and maximum of 4 weeks per calendar year and is only possible if your membership is paid up to date.
All requests must be applied for in writing using the Primofit HQ Hold Form, at least seven (7) days prior to the commencement of the hold period and Primofit HQ reserves the right to refuse any application for hold at any time. No backdated requests will be approved.
Hold dates must coincide with pre-existing billing dates. A Hold Fee of $5/ week may be chargeable. For Paid in Full memberships, this is payable in advance of the hold period. For Dues memberships, a weekly fee of $5 will be debited from your existing account.
18. Right of Exclusion
We can refuse entry to Primofit HQ, cancel your membership and / or terminate the agreement without warning or notice for inappropriate, threatening or harassing behaviour, damaging equipment or facilities, or use of illegal or performance enhancing drugs in Primofit HQ You may not conduct, promote, or solicit other business in the Club without prior permission of Primofit HQ management. No refunds will be issued.
19. Payment of Fees
All membership fees may be recovered from your nominated credit / debit account (as provided from time to time). Any bank fees charged to us because of a rejection when collecting your due membership fees may be charged directly to you by us. If a membership fee payment remains outstanding, you agree that, unless we are in breach of our obligations under the Agreement, we may continue to debit the nominated credit / debit account for the total amount due without notice to you.
If an Ongoing Agreement has been chosen, a pro rata charge for Membership will be made at the time the Membership application is accepted by Primofit HQ This charge is based on the number of days between the Membership Start Date and the First Auto Pay Date shown on page one of this Agreement.
A debit fee of $1 may be added to your weekly fee. A debit fee of $2 will be added to your weekly fee for AMEX or Diners cards.
Debit/charges will be made weekly on a Monday. In the case of new memberships your credit card /bank account will be charged/debited the first billing Monday after the Membership Start Date or later date as determined by Primofit HQ
For weekly debits, an annual fee of $39.90 may be charged on the closest billing Friday after 90 days from your agreement date and annually each year the membership is in effect.
Weekly Dues are payable in advance.
For multiple memberships, the primary member will be responsible for the payment of Dues for all associated Memberships.
If you fail to pay your Fees by the due date, Primofit HQ reserves the right to refuse entry to any Primofit HQ facilities until such outstanding payment is received.
If for any reason payment of the Member’s Weekly Dues is declined by Member’s credit card/bank account a fee of $15 per due payment may be charged by Primofit HQ and will be payable by Member.
20. Membership Fee Increase
If you have an ongoing agreement, we reserve the right to increase the membership fees to be charged. If we increase the membership fees (including upkeep fees) we will provide at least thirty days prior notice of the increase by post or email to the addresses provided by you in the Application for Membership.
Following such notice, you authorize us to increase any direct debits to your credit card or bank account which you have authorized upon joining. We will not use this right to vary the terms on any special offer which applies to you.
21. Outstanding Payments
As a result of outstanding debt, Primofit HQ reserves the rights to refer overdue amounts to an external collections agency. An additional fee of up to $100 may be charged by Primofit HQ and will be payable by member should the overdue amounts be referred to an external collections agency.
In the event of payment defaults you will be liable to Primofit HQ for all outstanding monies due and will be liable to pay Primofit HQ debt recovery expenses and legal costs.
Except as provided in this Agreement all monies are non-refundable.
23. Damages and Personal Injury
You are aware that your use of the premises and its facilities and your participation in the classes and programs conducted by Primofit HQ may involve strenuous activity and risk (special or otherwise) associated with such use and participation.
You release Primofit HQ and its directors, employees, contractors and agents (the ‘staff’) from all liability and responsibility whatsoever. This includes personal injury, property damage, or death however caused, but not limited to the negligence (whether passive or active) of Primofit HQ or its’ staff or any other person using the premises. Please refer to the Civil Liability Act 2002 for more information. (www.legislation.nsw.gov.au)
Warning under the Australian Consumer Law and Fair Trading Act 2012 (Victorian memberships only)
Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form (Parties named in Section 1) is required to ensure that the recreational services it supplies to you:
are rendered with due care and skill; and
are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
might reasonably be expected to achieve any result you have made known to the supplier.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you.
By signing this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.
NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012
24. Risk Management
To mitigate risk and ensure that you correctly operate or use any of our facilities, services, products or equipment, including the adjustment of levels or settings on any equipment, you are required to undertake an instructional consultation with a member of our staff before use.
Certain areas of the club carry increased risk to your health. You ensure that you are able to enter these areas without risk, before doing so.
You understand that Primofit HQ does not manufacture fitness or other equipment, but purchases / leases equipment. You understand that Primofit HQ is providing recreational services and is not liable for defective products.
25. Responsibility for Damage
You are solely responsible for any damage which you may cause to Primofit HQ its facilities, services, products or equipment, if such damage is caused by your willful act and / or negligence.
26. Disclosure of Physical Conditions
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 Primofit HQ 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 members and guests.
We reserve the right to refuse entry or terminate memberships based on health reasons for the safety of our members.
27. Change of Details
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.
Contractors and franchisees may provide services at Primofit HQ. Fees for such services are paid directly to the contractors and franchisees (these may include, but are not limited to Personal Trainers and Instructors).
29. Interruptions of Services
As a result of repair, maintenance, public holiday, or special occasions, Primofit HQ may be required to restrict the use or temporarily close or halt Primofit HQ 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. Primofit HQ hours of operation may be modified from time to time without prior notice to Member. Primofit HQ 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. Primofit HQ may from time to time reserve the use of its facilities for special events, competitions and private functions.
You acknowledge that Primofit HQ reserves the right to relocate club premises.
You expressly acknowledge that Primofit HQ reserves the right to change the nature, format, presentation or number of services and facilities as deemed suitable. As much warning of any changes as is practicable, will be provided for your information at the Club/s, and / or on the website.
31. Schedule and Equipment
Primofit HQ reserves the right to update, move and/or alter the facilities, equipment and modify the Group Exercise schedule.
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 Agreement.
33. Intellectual Property
These Terms and Conditions do not give you any intellectual property rights in Primofit HQ or in our facilities, services or products.
34. Digital Publishing Permission
You understand that Primofit HQ may, on occasion and with written notice in the form of a sign at the entry to affected classes, photograph or video classes and participants for promotional and other purposes and you consent to this. Intellectual property in all photographic or video material belongs to Primofit HQ and you agree to assign to Primofit HQ any personal, moral or other intellectual property rights you may have in the material on request and without further consideration.
35. Privacy Statement and Acknowledgement
We may, subject to your rights in clause 16, alter these Terms and Conditions or the Rules at any time upon thirty days written notice. The requirement for written notice can be satisfied by posting the amended Terms and Conditions on Crunch’s website.
36. Governing Law
These Terms and Conditions are governed by, and you agree to submit to the laws applicable in the state or territory of in which the Agreement was formed.
We may, subject to your rights in clause 16, alter these Terms and Conditions or the Rules at any time upon thirty days written notice.
If any part of this Agreement is or becomes illegal, void or unenforceable, this does not invalidate the rest of this Agreement.
39. Your Obligations
You acknowledge that the National Credit Code does not apply to these Terms and Conditions (www.comlaw.gov.au) if at any time;
You believe that you may not or may be unable to perform or comply with your obligations under these Terms and Conditions;
You are unable to pay your membership fees, including any installment of membership fees, as they fall due for payment;
A cheque is received from you is dishonoured
You are or become bankrupts; or
Your membership fees are overdue and are not paid in accordance with these Terms and Conditions in circumstances where we have not breached our obligations under Agreements, you agree that: You will immediately notify us that one or more of the above notifiable events has occurred and you will keep us notified on a monthly basis until such notifiable event no longer exists;
We have no obligation and will cease to allow you to use any of our services or products available to you under your membership while a notifiable event exists;
We may terminate the agreement with immediate effect by providing you with written notice;
We may request payment in advance for the remainder of the term of you membership and
We have no obligation to respond to any offer you make to extend or renew your membership while a notifiable event exists
These Terms and Conditions form part of your Membership Agreement.
By signing your Membership Agreement / inquiring about a Membership Type, you have agreed to abide by these Terms and Conditions at all times.