Business Terms and Conditions

TERMS AND CONDITIONS

BUSINESS TERMS AND CONDTIONS

By signing up for this membership you are agreeing to all the below Terms and Conditions listed out within this contract.

GENERAL TERMS & CONDITIONS

Membership
All Membership fees and schedules are subject to change. A late payment or decline payment may result in additional charges and an immediate suspension of membership and result in FOB being paused until payment is made.


Lost Articles and Damage to Member’s Personal Property
The Fitness Factory is not responsible for lost or stolen articles or damage to articles. All articles are stored at member’s risk and the gym discourages members from bringing valuable articles to the gym.

Consent and release for use of Photographic and Video Images
All members, unless specifically requesting not to do so in writing, authorise The Fitness Factory, its directors, employees, contractors, or agents, from time to time, without further notice or permission and without payment of
any kind to photograph, videotape, and audiotape them for advertising, promotional or instructional purposes

Late Attendance to Classes
All members should arrive at least 5 minutes prior to the commencement of all classes. As some of our classes are high intensity and fast paced, it is unfair to other members to have their workouts disrupted by late attendees. The Fitness Factory the right to refuse participation in a class for late attendance.

Rules and Policies
All members agree to earn and abide by all the rules and policies set by The Fitness Factory and that may change from time to time.

When coming to the gym all members MUST scan their FOB or check in at reception.

All members MUST have a profile picture linked to their account.

Tailgating

It is the responsibility of each member to ensure they are scanning their FOB and entering the gym ensuring no one follows into the gym behind them on their scan.

SCAN YOUR FOB _ ENTER THE GYM _ CLOSE THE DOOR BEHIND YOU_ NO EXCEPTIONS

Should someone tailgate you into the gym OR you allow another person to enter into the gym without consulting with staff you will be CHARGED $100 on your next direct debit if this happens multiple times, we hold the right to cancel your membership and refuse your entry into the gym.

 

Supervision of children
I agree to take full responsibility for the supervision of my child/ren while at The Fitness Factory Children are to be refrained from touching any of the equipment and must always remain seated quietly.

 

General Gym Etiquette

  1. Respect Others: Always be considerate of others using the gym. Avoid loud or disruptive behaviour.
  2. Proper Attire: Wear appropriate gym clothing and footwear. No jeans or sandals are allowed.
  3. Equipment Use: Only use gym equipment properly. If you are unsure how to use something, ask for help.
  4. Clean Up After Yourself: Use a towel on all equipment where possible, wipe down equipment with sanitiser wipes or spray and towels provided in the gym after use.
  5. Return weights or other items to their designated spots.
  6. Safety First: Use equipment safely, and be mindful of your surroundings to avoid accidents.
  7. No Food or Drinks: Only water is allowed in the gym. Avoid bringing food, chewing gum, or drinks other than water.
  8. Mobile Phones: Limit phone use to avoid distractions and respect others’ space. Take calls in designated areas if necessary. DO NOT SIT ON YOUR PHONE ON MACHINES FOR LONG PERIODS OF TIME.
  9. Time Limits: Be mindful of your time on equipment if others are waiting to use it.
  10. Supervision: If you are underage or new to a particular exercise, we require you to have an instructor or adult supervise you – always ask our staff for assistance if your unsure- WE ARE HAPPY TO HELP

There is no set term to your membership

If Clients wish to cancel their membership you will be required If you wish to cancel, we require you to come into the gym and fill out a cancellation form and return your FOB please allow one payment cycle for this to occur.

Billing Cycles/Suspensions
A weekly/fortnightly/monthly payment will be taken from your account.

A one off establishment fee of $25 will be deducted with the first instalment of your membership
Any membership suspension requires a written request stating the time frame with start and finish dates, at the end of the suspension period payments will roll on as per the original payment schedule, all memberships have 6 weeks of free suspension in a 12 month period, any time frame after the 6 weeks period will have a fee of $5 per week added
A medical certificate from your doctor for a serious injury or illness that is preventing you from exercising is required to extend the 6 week free suspension period.

UNDER 18 MEMBERSHIPS

No persons under the age of 15 permitted in the gym

All under 18 must have a parent present at the time of signing up to their membership

UNDER 18s are only permitted in the gym within staffed hours

Monday-Thursday 9am-7pm

Friday 9am-3pm (NO STUDENTS PERMITTED IN THE GYM AFTER 3 PM)

Saturday 8am-11am

When coming to the gym under 18s MUST scan their FOB or check in at reception.

All under 18s MUST have a profile picture linked to their account

Under 18 members are only permitted to come into the gym for 1 hour at a time – complete their training session and leave.

Under 18s (unless working with a coach) should not be training for any more than 1 hour – if they exceed their time limit, staff hold the right to request the student to leave.

Under 18s ARE NOT permitted to be in groups of 3 or more within the gym – if students are grouping with 3 or more people within the gym our staff hold the right to request them to leave

If under 18s misuse the gym, we hold the right to cancel their membership and request the return of their FOB and require them to leave the gym immediately.

The gym is not a HANG OUT zone and we will not accept it being treated as one.

We as a gym hold the right to accept and refuse memberships, membership acceptance is on a case-by-case basis.

 

General Gym Etiquette

  1. Respect Others: Always be considerate of others using the gym. Avoid loud or disruptive behaviour.
  1. Proper Attire: Wear appropriate gym clothing and footwear. No jeans or sandals are allowed.
  2. Equipment Use: Only use gym equipment properly. If you are unsure how to use something, ask for help.
  3. Clean Up After Yourself: Wipe down equipment with sanitiser wipes or spray and towels provided in the gym after use
  4. Return weights or other items to their designated spots.
  5. Safety First: Use equipment safely, and be mindful of your surroundings to avoid accidents.
  6. No Food or Drinks: Only water is allowed in the gym. Avoid bringing food, chewing gum, or drinks other than water.
  7. Mobile Phones: Limit phone use to avoid distractions and respect others’ space. Take calls in designated areas if necessary. DO NOT SIT ON YOUR PHONE ON MACHINES FOR LONG PERIODS OF TIME.
  8. Time Limits: Be mindful of your time on equipment if others are waiting to use it.
  9. Supervision: If you are underage or new to a particular exercise, we require you to have an instructor or adult supervise you – always ask our staff for assistance if your unsure- WE ARE HAPPY TO HELP

ALL PERSONS UNDER THE AGE OF 18 ARE EXPECTED TO FOLLOW THE RULES SET OUT IN THE STUDENT & GENERAL GYM ETIQUETTE SECTION OF THE TERMS AND CONDITIONS OR REMOVAL FROM THE GYM WILL BE THE CONSEQUENCE.

 

THE FITNESS FACTORY WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR-TRADING ACT 2012
• UNDER THE AUSTRALIAN CONSUMER LAW (VICTORIA), SEVERAL STATUTORY GUARANTEES APPLY TO THE SUPPLY OF CERTAIN GOOD AND SERVICES. THESE GUARANTEES MEAN THAT THE SUPPLIER NAMED ON THIS FORM IS REQUIRED TO ENSURE THAT THE RECREATIONAL SERVICES IT SUPPLIES TO YOU:-
• ARE RENDERED WITH DUE CARE AND SKILL;
• 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 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.
IF YOU SIGN 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.
ACKNOWLEDGEMENT & WAIVER OF RISKS & INJURY
DOJO ENTERPRISES PTY LTD AND

 

WARNING
THIS IS AN IMPORTANT DOCUMENT THAT AFFECTS YOUR LEGAL RIGHTS & OBLIGATIONS READ IT CAREFULLY AND DO NOT SIGN IT UNLESS YOU ARE SATISFIED THAT YOU UNDERSTAND IT IF YOU HAVE ANY QUESTIONS, PLEASE ASK OUR REPRESENTATIVE


  1. ACKNOWLEDGEMENT OF RISKS, INJURY & OBLIGATIONS
    I ACKNOWLEDGE that the activity I have voluntarily agreed to undertake is a dangerous activity and that by participating in it I am exposed to certain risks. The activity includes, fitness classes incorporating cardio vascular exercise, strength and conditioning training, resistance training, weight lifting, boxing and other martial art hybrid classes, personal training sessions, training activities undertaken both on and off the premises, participation in team or individual competitions, and other services provided to the participant by The Fitness Factory.
    I ACKNOWLEDGE AND UNDERSTAND that whilst participating in such activity:
    • I may be injured, physically, emotionally or mentally, or may die.
    • My personal property may be lost or damaged.
    • Other persons participating in such activity may cause me injury or may damage my property.
    • I may cause injury to other persons or damage their property.
    • The conditions in which the activity is conducted may vary without warning.
    • I may be injured or die or suffer damage to my property as a result of negligence or breach of contract by The Fitness Factory.
    • There may be no or inadequate facilities for treatment or transport of me if I am injured.
    • I assume the risk and responsibility for any injury, death or property damage resulting from my participation in the activity.
    I FURTHER ACKNOWLEDGE AND UNDERSTAND that whilst participating in such activity:
    • I will follow the safety advice, training directions and exercise instructions of the The Fitness Factory trainers, contractors, agents and volunteers.
    • If I feel unwell during training or feel pain and/or discomfort, I will cease participating and immediately advise a trainer.
    If, for any reason, I require first aid or medical assistance, I authorise The Fitness Factory to seek emergency medical assistance on my behalf with the understanding that I am responsible for all costs incurred.
  2. RELEASE OF LIABILITY AND INDEMNITY TO THE DOJO ENTERPRISES 
    IN CONSIDERATION of the acceptance of my payment for participating in the activity (and except to the extent that the same may be precluded by Law) I AGREE TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against  The Fitness Factory its trustees, directors, owners, officers, employees,
    trainers, contractors, volunteers, and agents, notwithstanding that such claims may arise due to negligence, breach of contract, or breach of statutory duty.
    FURTHER
    • I participate in the activity at my sole risk and responsibility.
    • I release, indemnify and hold harmless The Fitness Factory, its trustees, directors, owners, officers, employees, trainers, contractors, volunteers, and agents, from and against all and any actions or claims which may be made by me, or on my behalf by other parties, arising out of any injury, loss, damage or death caused to me or my personal property whether by negligence, breach of contract or in any other way whatsoever.
    I ALSO AGREE THAT in the event that I am injured or my personal property is damaged, I WILL BRING NO CLAIM, LEGAL OR OTHERWISE AGAINST THE FITNESS FACTORY IN RESPECT OF THAT INJURY OR DAMAGE. This agreement shall be effective and binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect.
  3. BY SIGNING UP TO THIS MEMBERSHIP, YOU ARE AGREEING TO THE TERMS AND CONDITIONS LISTED IN THIS DOCUMENT

PARENT /GUARDIAN TO ALSO ACKNOWLEDGE WHERE PARTICIPANT IS UNDER 18 YEARS OF AGE
I being the parent or guardian of the person named in this acknowledgement and release HEREBY ACKNOWLEDGE AND AGREE:
• I have read the whole of this document and understand it.
• I consent to the person named in this acknowledgement and release participating in the activity and
• I am aware of the risks, dangers and obligations set out above in the acknowledgement and release.
IN CONSIDERATION of the person named in this acknowledgement and release being accepted to participate in the activity I AGREE TO THE RELEASE AND INDEMNIFY The Fitness Factory in the same manner and to the same effect and extent as if I were the person first named in the acknowledgement and release and the person participating in the activity.
BY MY CHILD UNDERTAKING THIS MEMBERSHIP I ARGEE TO THE TERMS AND CONDITIONS SET OUT IN THIS DOCUMENT
Consent and release for use of Photographic and Video Images
All members, unless specifically requesting not to do so in writing, authorise The Fitness Factory, its directors, employees, contractors or agents, from time to time, without further notice or permission and without payment of
any kind to photograph, videotape, and audiotape them for advertising, promotional or instructional purposes, by your child signing up to our membership you are agreeing that you give consent to our terms and conditions.

PARENT /GUARDIAN TO ALSO ACKNOWLEDGE WHERE PARTICIPANT IS UNDER 18 YEARS OF AGE
I being the parent or guardian of the person named in this acknowledgement and release HEREBY ACKNOWLEDGE AND AGREE:

  • I have read the whole of this document and understand it.
    • I consent to the person named in this acknowledgement and release participating in the activity and
    I am aware of the risks, dangers and obligations set out above in the acknowledgement and release.
    IN CONSIDERATION of the person named in this acknowledgement and release being accepted to participate in the activity I AGREE TO THE RELEASE AND INDEMNIFY The Fitness Factory in the same manner and to the same effect and extent as if I were the person first named in the acknowledgement and release and the person participating in the activity.

BY ALLOWING YOUR CHILD TO SIGN UP TO THIS MEMBERSHIP, YOU ARE AGREEING TO THE TERMS AND CONDITIONS LISTED IN THIS DOCUMENT.