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In this Agreement unless the contrary intention appears:
Interpretation
(a) The singular includes the plural and vice versa.
(b) A reference to a party includes that party’s legal personal representative heirs and assigns.
(c) A reference to the “Member” includes a no charge access and use of the gym member and the parent or guardian of the
Member if the Member is under 18 years.
Definitions
[a] Card means the XS Fitness membership card and includes a 24/7 access card.
(b) Centre means the XS Fitness Centre at 396 Mill Point Road, Victoria Park.
Acknowledgements
The Member acknowledges and agrees that:
(a) This Management Agreement is legally binding whether the use
of the Centre and its services is determined and paid on a yearly, monthly, weekly or individual basis;[b) The Member is physically and medically fit and capable to engage in exercise and fitness programs at the Centre, and will inform instructors of any condition or risk that may have an effect on their ability to participate in any exercise or fitness
program prior to commencement;
(c) You must advise us immediately if there is any material change in your physical condition;
(d) All information you disclose to us it is true and accurate and not misleading in any way;
(e) You must not attend and use the facilities and services whilst you are suffering from any illness, disease, injury or other condition that could present a risk to the health or safety of other persons or yourself;
[f] The Centre may be under constant video surveillance by XS Fitness (other than for changing rooms); and
[g] The Member is over 1 8 years of age at the time of signing, and not under any other legal disability. If not, a parent or adult guardian will sign also
Access
(a) All Members must swipe their Card at the front door every time they attend the Centre.
(b) You must not give Your Card to non-members to allow them to access the Centre.
(c) You must advise the Supplier of any changes of address and phone number.
(d) To use the Centre Your payments must be valid and up to date, overdue payments can be made directly at the Centre
Refusal of entry
Entry will be refused, or membership terminated and the person may be required to leave the Centre if the person:
[a) Is abusive or uses offensive language or whose behaviour is threatening to staff or other members.
[b] Does not comply with the terms of the Membership Agreement or the obligations of a Member;(c) Is under the influence of drugs or alcohol; or
[c) Is under the age of 16 unless accompanied by an adult guardian or qualified
Centre Use Rules
(a) Full enclosed, clean sport shoes must be worn during workouts for safety reasons. Members are required to wear a singlet
or t-shirt at all times in the health club. Clothing must be clean and tidy with no offensive prints or designs.
(b) No smoking is permitted in the Centre.
(c) No chewing gum permitted in the Centre.
(d) Sweat towels must be used at all times. “No towel, no workout” applies to the Centre.
(e) Weights must be returned to their correct place after use.
(f) No food allowed in the Centre.
XS Fitness reserves the right to change any rules relating to the use, conduct of activities, access or services provided at the Centre.
Lockers (storage compartment)
All items stored in the lockers are at your risk and XS Fitness does not accept responsibility for items lost, damaged or stolen. Note:
Bags are not permitted in the Centre unless placed in the lockers provided.
Guests and non-members
Persons who are not members are not permitted in the Centre at any time.
Termination by XS Fitness
XS Fitness may terminate this agreement and cancel your access at any time, for any reason.
[a] To the fullest extent permitted by law, XS Fitness and PaySmart excludes any liability to the Member in contract, tort, statute or in any other way for any injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage], sustained by the Member and/or any other person, or for any costs, charges or expenses incurred by the Member, arising from or in connection with the DOR and this Membership Agreement and/ or the services/products provided by the Supplier and/or PaySmart and/or any act or omission of the Supplier and/or PaySmart.
(b) The Centre is unmanned for periods of time and as such by participating in activities in the Centre You are exposing yourself to the potential for serious injury including death. As such You should take note that Your rights to sue the Supplier if You are killed or injured because the activities were not supplied with due care and skill or were not reasonably fit for their purpose, may be [subject to this clause 6), restricted or modified in the way set out in this agreement.
[c] The Member expressly acknowledges that they understand the risks associated with undertaking activities in an unmanned and unsupervised facility and hereby releases, indemnifies and holds harmless XS Fitness, their respective owners, officers affiliates, agents and employees in the event that the Member suffers personal loss, is injured or killed in the Centre.
(d) The Member provides this release whether it arises from the negligence of the Supplier or otherwise and does so with the intention that this release shall be as broad and inclusive as the law allows.
(a) XS Fitness may assign or novate Gym Access Agreement to a third party in the event of the sale of the business by giving
You 7 days’ notice of the proposed sale or transfer. We cannot guarantee that the transferee agrees to honour the terms
of this gym access Agreement.
(a) A Customer’s “personal information” (as that term is defined in the Privacy Act 1988 [Cth]] will only be used by XS Fitness or PaySmart to provide You with the services contemplated by the DOR and this Membership Agreement.
(b) Unless you tell us otherwise, you agree that we may use your personal information for internal marketing purposes. We may use Your personal information to develop marketing lists and other programs for internal use only so that we may offer You goods and services by mail, telephone, email or SMS.
10.1 Safety, Maintenance and Service Requirements
[a) The Supplier may from time to time:
[i) Close any part of the premises or isolate any piece of equipment for maintenance or safety reasons:
[ii] Vary Centre rules. Where this occurs XS Fitness will provide reasonable notice on the Centre notice boards,
by email or at reception.
[b) You must follow any reasonable direction of a member of our staff relating to health and safety or any other matter.
Severability
If any part of this Membership Agreement being or becoming void or unenforceable then that part shall be severed from this Membership Agreement with the intention that the balance of this Membership Agreement remains in full force and effect, unaffected by the severance.
Entire Agreement
This Membership Agreement, constitute the entire agreement, understanding and arrangement [express and implied) between the Member and XS Fitness and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.
Notices
Any notice, demand, correspondence or other document to be provided by either the Member or XS Fitness under this Membership
Agreement (Notice) may be provided:
(a) In the case of the Member by personal delivery or email to the email address of the Member provided in the description of the parties in this Membership Agreement; and
(b) In the case of XS Fitness by email to the email address of XS Fitness provided within the description of the Supplier.
If served by email the Notice is deemed served on the next day following the date of dispatch in the absence of any report indication of failure to deliver.