Terms & Conditions

Warning

This is an important document that affects your legal rights and obligations. The conditions of the document are contractual in nature, are intended to have legal effect and are not a mere warning or recital. Please read it carefully and do not sign unless you understand and accept all conditions. If you have any questions please contact Form Fitness and Lifestyle.

Conditions of entry

All members must swipe or present their card at reception upon entry. All facilities are available to the general public. Management reserves the right to refuse entry or request any person to leave the premises if that person is under the influence of drugs or alcohol, uses abusive behaviour or offensive language or is smoking on the premises. Sweat towels must be used at all times. Weights are to be returned to their correct place after use. Correct training attire must be worn, including runners. Work clothes, jeans, boots, thongs and sandals are not permitted. Any member who purposely or through their negligence damages the club or club property will pay for the damage. Members are responsible for the damages caused by their guest or minor. All guests must check in at reception prior to training. If a non-member enters the premises and does not check in with receptions, the member responsible for providing entry is liable and will incur a $150 penalty fee. Items stored in lockers are at your own risk, Form Fitness and Lifestyle does not accept any responsibility for items lost, damaged or stolen. Bags are not permitted on the gym floor and must be placed in the allocated area provided.

Cooling off period

This membership agreement is subject to a 48-hour cooling off period. All members reserve the right to cancel their membership, without giving cause or reason, during the 48-hour period immediately after they enter into the membership agreement. Any requests for termination during the 48-hour cooling-off period must be made to Form Fitness and Lifestyle in writing. Any membership fees paid will be refunded minus the $15 Debit Success establishment fee and any fitness service the client may have utilized prior to termination.

Termination of Membership

- All memberships can be terminated after the minimum term has been met and must be made in writing and acknowledged by a Form Fitness and Lifestyle staff member.

- All direct debit memberships are subject to a 30-day notice period of cancellation.

- All members can be transferred to another person at no additional charge.

- All memberships can be placed on hold at no additional charge for a minimum of 14 days and a maximum of 1 month. Once the hold period is complete, the membership will restart automatically.

- Benefits of the 3, 6 and 12 month upfront memberships: upfront memberships can be cancelled within the minimum term, however the member agrees to forfeit all remaining months on the membership and is not entitled to a refund for any unused fees.

- Quick Trainer, Easy Trainer and Freedom Direct Debit Membership: all direct debit memberships are ongoing after the minimum term has been met until such time the member notifies Form Fitness and Lifestyle of the cancellation in writing and then the 30 days notice period of cancellation begins.

- If the member cancels the membership within the minimum term, the member will be liable for the remaining period of the minimum term. The outstanding balance will be applied to the next direct debit. No additional exit fees will be applied.

- Cancelling the authority to debit the members account does not terminate the contract or the liability to make the payments you, the member, agreed to. If the member terminates the agreement or stops the direct debit arrangement in a manner not described in this agreement the member will be considered in breach of contract and liable for unpaid fees.

Warning

Payment declaration

I agree that the liability of the above payment shall continue as greed notwithstanding my frequency of attendance at the centre or that I shall cease to attend all together. As a member, I shall cease to have right to the club, at its discretion, if payment is not received by the due date. As a member, I shall pay all costs of the collection of the monies due including any debt collectors, legal fees or other costs payable by my defaults. A dishonor fee of $14.95 will be charged to my account if I fail to make a payment ontime. I acknowledge that I have read and understand all of the above provisions and acknowledge that this is a legally binding contract and I observe to be bound by it. I shall not be entitled to any refunds for any reason. Privacy disclaimer name and likeness release I hereby grant permission to the event organisers, their successors and sponsors to use my name, image and likeness in direct connection with the activities for promotional broadcasting or reporting purposes in any and all manner and media, unless restricted by privacy legislation.

Collection of personal information

I hereby grant permission for Form Fitness and Lifestyle to use my personal information for marketing purposes. Form Fitness and Lifestyle may use my personal information to develop marketing lists and other programs. Form Fitness and Lifestyle may include my name and contact details on marketing lists and offer me goods and services by email, fax, phone or SMS. I understand I have the right to access personal information that Form Fitness and Lifestyle holds about me, subject to any exceptions in relevant legislations.

Express voluntary assumption of risk

I understand that I will be engaging in physical fitness program that include but is not limited to, running, jumping, stretching, strength training, and exercise in different location in and around Form Fitness and Lifestyle. These activities pose a real risk of serious injury or even death, now or in the future from various causes including but not limited to equipment failure, accidents with other participants, spectators, course or weather conditions or other causes. In consideration of my entry and of my own free will, I voluntarily accept all risk necessarily flowing from my participation, I fully understand that I may injure myself as a result of my participation and I (the undersigned) do hereby for myself and my heirs, executors and administrators, waive, release and give up any and all claims, demands, liability, damages, costs and expenses of any kind whatsoever (including personal injury to me or my wrongful death) against Form Fitness and Lifestyle owners, Form Fitness and Lifestyle personal training instructors and any persons involved in the program and all of its affiliates (including but not limited to instructors, participants, directors, employees, contractors, sponsors, subcontractors, volunteers and spectators), that may arise from my participation in Form Fitness and Lifestyle training sessions, while training at Form Fitness and Lifestyle or while travelling to and from Form Fitness and Lifestyle, even if cause in whole or in part by the negligence or other fault of the aforementioned parties or persons. In the event that any infant, minor or mentally or physically impaired person under my control shall accompany me to Form Fitness and Lifestyle or its surrounds and that person suffers any personal injury or loss of property, then I shall indemnify Form Fitness and Lifestyle and the aforementioned parties against any claims, demands and actions made by or on behalf of the said infant, minor or impaired person in respect of any injury or loss. This waiver applies to every state/country.

Physical Fitness

I warrant that I am in good state of health, fitness and physical condition and that there is no medial reason whatsoever that could be regarded as a restriction upon or an impediment to my participation.

Medical Treatment

I consent to receiving any medical, e.g first aid, treatment that Form Fitness and Lifestyle considers reasonably necessary during or after the activities. I am 18 years of age or older at the time of signing. I hereby agree that all the information on this form is accurate and complete to the best of my knowledge. I acknowledge the terms and conditions of this document are contractual in nature, are intended to have legal effect and are not a mere warning or recital. I fully understand that I am forever giving up, in advance, any right to sue or make claims against the parties I am releasing, if I suffer any injuries or damages, even though I do not know what or how extensive those injuries and damages might be and am voluntarily assuming the risk of such injuries and damages. I understand this consent form and am not under any physical or emotional duress to sign. If any information should change during the course of my membership I will consult an instructor and complete this form again. I understand that my participation in this program is voluntary and that I can stop exercising at any time, particularly if I am in pain or discomfort.