Terms & Conditions of Spartans Gym Pty Ltd

Personal Information
• I acknowledge and agree that my personal information will be used to provide services contemplated by this contract and may be used as part of Spartans Gym Pty Ltd customer service policy. At any time I can request in writing for this service to discontinue.
• I acknowledge that where applicable according to the terms of my membership, my personal information will be provided to Debit Success Pty Ltd.Terms and Conditions
• Health regulations insist on the usage of training towels at all times on these premises. Spartans Gym Pty Ltd will provide wipes and sprays for wiping down equipment after use.
• You are required wear appropriate footwear/workout clothing while exercising. Thongs, open-toed sandals, work boots, work clothes and streetwear are prohibited. If any personal injury is sustained while wearing inappropriate footwear/workout clothing, you will have no claim against our insurance policy.
• Not putting away/dropping of weights or abuse of the equipment may lead to the suspension/cancellation of your membership.
• Bags are NOT permitted on the gym floor. Members using lockers must provide their own padlock. All items must be removed from the lockers at the end of each workout, otherwise padlocks will be cut and items removed by gym staff.
• No member is to enter the changeroom/toilets of the opposite sex at any time. A breach of this policy will result in an instant cancellation of your membership.
• There is no smoking, drug or alcohol use whilst on these premises.
• You are not permitted to conduct private personal training sessions on these premises.
• You have read and agree to adhere to the #spartanspride guidelines as displayed in these premises.
• Any person under the age of 18 years of age must complete an ‘Under 18 Waiver’ to access the facility
• Mobile phone/camera/recording devices: Members must obtain permission from individuals that will appear clearly recognizable in the picture/video. If the individuals are under 18 years, the member should obtain permission from the parent or guardian. Members are encouraged to report any individuals using a mobile phone/camera or other recording device in a suspicious manner to a staff member immediately. A breach of this policy may lead to the suspension/cancellation of your membership

Memberships
If you are not completely satisfied within the ‘cooling off’ period (within the first 7 days from the membership contract start date), you may request for your membership to be cancelled. All membership fees will become fully refundable (less initial administration fees (if applicable) and a casual entry fee per visit to the club during the cooling off period). This applies to all membership contracts. Cancellation of a direct debit membership during the agreed minimum term, will incur a cancellation fee of $200.

Free of Charge Membership Suspension
You must specify a start and finish date. Suspensions are available for all membership contracts. A minimum of 2 weeks per request, and maximum of 3 months over each term of your membership applies (based on a 12 month membership term or pro-rata if otherwise). Extensions can be considered if a medical certificate is provided. For all direct debit memberships, your membership suspension request must be provided to Debit Success (free phone 1800 148 848).

Termination of Contract
The Customer may terminate this Contract before the expiry of the minimum term or payments if all the instalments and fees due up to the date of termination are paid, and in addition the cancellation fee as specified on the front of this Contract is paid to Debitsuccess. If a cancellation fee has not been specified as part of the Special Conditions then this contract may not be cancelled before the expiry of the minimum term or payments. After the expiry of the minimum term or payments, and after all instalments and fees due have been paid in full, should the box on the front of this Contract requesting termination at minimum term be marked then this Contract shall automatically terminate. Should the membership type selected as part of this online signup be indicated as ongoing in nature, then this Contract shall continue indefinitely until such time as the Customer requests Debitsuccess, after the expiry of the minimum term for it to terminate. Any installments/fees due at the date of termination (including installments/fees which fall due during the notice period) will remain a debt owed to and recoverable by Debitsuccess. There will be a period of notice of 30 days unless otherwise specified by the Facility between the date of request and the date of actual termination during which any payments due must still be paid in full. The Customer should contact Debitsuccess if they have not received written confirmation of the termination within the 30 day period. The Customer shall not consider that this contract has been terminated until such time as this is confirmed in writing to the Customer by Debitsuccess (not more than 14 days after the termination date). Termination of this Contract will also terminate the Direct Debit Request Authority.

Club Access
• Spartans Gym Pty uses Biometric Finger Scanning Technology. This service is free of charge to register. All member scanning data is securely encrypted and stored.
• Members who do not wish to register as per the above can purchase an entry tag for a fee of $49. If a replacement entry tag is required, the same fee will apply.
• I understand that my access tag cannot be used by/given to another person and if I provide another person access (member or non-member) to the club by holding the door open, or by any other means, I will be fined $150. My details will be passed on to the police for trespassing and my membership may be cancelled.
• I must register my attendance by scanning my finger/tag prior to entering the facility at all times.
• All memberships are ‘Standard Access’ memberships. Upgrades to a platinum membership which includes 24/7 access is an annual fee of $39 or an ongoing Direct Debit fee of $1 per week.

strong>TERMINATION OF CONTRACT/strong>

The Customer may terminate this Contract before the expiry of the minimum term or payments if all the instalments and fees due up to the date of termination are paid, and in addition the cancellation fee as specified on the front of this Contract is paid to Debitsuccess. If a cancellation fee has not been specified as part of the Special Conditions then this contract may not be cancelled before the expiry of the minimum term or payments. After the expiry of the minimum term or payments, and after all instalments and fees due have been paid in full, should the box on the front of this Contract requesting termination at minimum term be marked then this Contract shall automatically terminate. Should the membership type selected as part of this online signup be indicated as ongoing in nature, then this Contract shall continue indefinitely until such time as the Customer requests Debitsuccess, after the expiry of the minimum term for it to terminate. Any instalments/fees due at the date of termination (including instalments/fees which fall due during the notice period) will remain a debt owed to and recoverable by Debitsuccess. There will be a period of notice of 30 days unless otherwise specified by the Facility between the date of request and the date of actual termination during which any payments due must still be paid in full. The Customer should contact Debitsuccess if they have not received written confirmation of the termination within the 30 day period. The Customer shall not consider that this contract has been terminated until such time as this is confirmed in writing to the Customer by Debitsuccess (not more than 14 days after the termination date). Termination of this Contract will also terminate the Direct Debit Request Authority.

Our liability to you and your Release of liability
STATUTORY GUARANTEE
Under the provisions of the Australian Competition and Consumer Commission (“ACCC”)
(A) We guarantee that the service we supply are,
(i) provided with due care and skill;
(II) are reasonably fit for any purpose you have told us you are using the service for or told us you wish to achieve; and/or
(iii) are supplied in a reasonable time;
(iv) Under certain legislative provision, however, we can ask you to accept some limitations to the ACCC guarantees
(v) If you sign this Agreement, you agree, to the extent allowed by section 139A of the ACCC, to exclude or modify our liability to your or death or injury from your failure to comply with ACCC guarantees
(vi) This exclusion does not apply if your death or injury is caused by our “reckless conduct” (as defined in the ACCC).
(vii) The ACCC exclusion Notice: In Victoria, “Warning under the ACCC and Fair -Trading Act 2012” applies if attached to this Agreement and signed by you.
Your acknowledgements and representations to us
You acknowledge that there are inherent risks of personal injury invoked in participating in any exercise programme.
You acknowledge that the facility is unmanned outside of the staff hours as advertised.
You certify that you are in good physical condition and capable of undertaking an exercise program and you assume all such risks associated with physical strain and exertion.

Your liability to us
Nothing in this agreement excludes, restrict or modifies any terms, conditions, warranties, guarantees, rights or remedies which cannot lawfully be excluded, restricted or modified. Otherwise, unless expressly included in this Agreement, all implied terms, conditions, warranties, guarantees, rights or remedies that can be lawfully excluded are excluded. In particular, but subject to (A) i to (A) vii inclusive, we are not liable for death or injury caused by your negligence or breach of implied terms that service will be provided with reasonable care and skill at common law. This does not exclude our liability for reckless conduct.
You promise not to unnecessarily bring valuables into our premises and agree that it is not our obligation to look after unattended property.
You agree to pay for any loss and damage to our premises or the Facilities and Service caused by your guests through a wilful, wrongful or negligent act as a result of your, or there, breach of this Agreement.