Membership Terms & Conditions

This agreement is made between CREWFIT Pty Ltd ACN 634 678 890 (“Us”, “We”, “Our” or “CREWFIT”) and the member whose name appears in the application for membership agreement (“you”).

The Club Rules, these Terms and Conditions, Pre- Exercise Questionnaire, any express waivers you have signed as part of the joining process and your Membership Application make up the entire agreement between the parties (“the Agreement”).

As a member you must use our Club in accordance with the following terms and conditions:

1. MEMBERSHIP TYPES

We offer the following types of Membership:

Membership Type

Access

Minimum Term

Expiry Date

GYM

Membership

– Ongoing

  • Unlimited use of all cardio and weights equipment

  • Note there will be limited access to functional space during group classes

  • 6 months
    (13 fortnights)

  • No minimum term (no commitment)

Ongoing until terminated after the Minimum Term (refer clause 14.2)

GYM

Membership (Pre-paid)

– Fixed Term

  • Unlimited use of all cardio and weights equipment

  • Note there will be limited access to functional space during group classes

  • 6 months
    (13 fortnights)

At the end of 6 months (13 fortnight) unless renewed

CREW

Membership

– Ongoing

  • Unlimited use of all cardio and weights equipment

  • Unlimited access to group classes

  • 6 months
    (13 fortnights)

  • No minimum term (no commitment)

Ongoing until terminated after the Minimum Term (refer clause 14.2)

 

Ongoing membership types contain either a 6 month (13 fortnights) minimum term or are deemed “no commitment” (no minimum term). A minimum term of 6 months means (13) fortnightly payments followed by rolling membership until your membership is terminated in a way set out in the Membership Terms (refer to clause 14.2).

2. JOINING AND ACCESS

When you join our Club, you will need to give us personal information about you and provide us with photographic identification. On joining we will give you a Membership Tag that will let you access and use our Club.

2.1. Agreement Start Date

If our Club is open, the date you sign this Agreement (unless we agree to a later date) is the day the agreement starts. Otherwise, the date our Club opens provided we have given you prior notice of that date. If we have not given you prior notice, the Start Date is the day you are notified that our Club has opened.

2.2. Your Membership Tag

You will need your Membership Tag to access the Club and must swipe this each time you use the Club. You must not let anyone else into a Club without the approval of Club staff or let anyone else use your Membership Tag. If you break this term, you may be charged the Casual Fee and/or your Membership may be suspended or cancelled.

If your Membership Tag is lost or stolen you must let us know immediately or you may be refused Club access. A Replacement Membership Tag Fee of $20 will apply.

2.3. Orientation

You may be required to participate in a Member orientation to familiarise you with the Club.

3. MINIMUM AGE

For safety and security reasons you must be at least 14 years old to become a Member. However, if you are aged between 14 years and 18 years old, a parent or guardian must sign all documents required by us and must accompany you at the Club. We reserve the right to refuse you access to the Club if you are aged between 14 and 18 years and attend the Club without your parent or guardian present.

If you are aged between 14 and 16, you will not have access to weights based training areas or group exercise classes which include resistance training unless supervised one on one with a personal trainer.

We may also impose additional restrictions on you at any time as required by us in our discretion to ensure your safety and security.

Your parent or guardian acknowledges and agrees to be fully responsible for all claims, actions, damages, injuries and / or loss to property and / or any other person, which is incurred by you as a result of you being supervised or unsupervised in the Club. Your parent or guardian acknowledges and agrees to be responsible for ensuring that your Membership Fees and any other Fees are paid and up to date

Your Membership may be immediately cancelled if you break any obligation referred to in this clause 3.

4. COOLING OFF

If you change your mind after joining, you have 48 hours to cool off or cancel your Membership starting on the Start Date (ending on 11:59pm that day). To be effective, you must let us know in writing at any time during this 48 hour cooling off period. If you cancel your Membership under this clause, we will charge you Fees for any services or products already supplied, however, any prepaid Membership Fees and the Joining Fee will be refunded.

5. YOUR HEALTH AND SAFETY

5.1. Your physical condition

When you sign this Agreement and each time you use the Club, you must ensure you are in good physical condition and know of no medical or other reason why you should not exercise. If unsure, you should not use the Club until you have sought appropriate medical guidance and been given the go-ahead.

You agree to give us all relevant personal health and fitness information both before and during the course of any exercise program or other activity. You also agree to complete our Pre-Exercise Questionnaire. In some cases, responses you give will require that you get medical guidance before exercising. You acknowledge that pre-exercise or other screening is no substitute for medical advice and does not guarantee against injury or death.

You promise that information you give us will be true and accurate and not misleading in any way.

You must not use the Club if you are suffering from any illness, disease, injury or other condition that could be a risk to your health or safety or that of other Members and others.

We may suspend or cancel your Membership if we have reason to suspect that you have not complied with clause 5.1.

6. FEES

6.1. General

The Fees (including your Membership Fee) you have to pay have been explained to you when you selected your Membership Type or as otherwise set out in this Agreement. If you do not make any payment when it is due, your Membership may be suspended and you could be refused access to the Club until all outstanding amounts have been paid. Your Membership may also be terminated if any Fees remain unpaid for 28 days or more. You will still be liable for all unpaid amounts.

6.2. Membership Fees

If this is a Fixed Term Agreement you must pre-pay your Membership Fees (pay them up front) when you sign this Agreement.

If this is an Ongoing Agreement, you must pay Membership Fees on a fortnightly basis in advance until your Agreement ends .The Ongoing Agreement will continue unless cancelled in accordance with clause 14.2. A pro rata charge for Membership will be made at the time the Membership application is accepted by us. This charge is based on the number of days between the Start Date and the first direct debit date.

6.3. If you do not pay a Fee when due

If you do not pay a Fee or other amount you owe when due, we can suspend your Membership until all amounts have been paid. This is in addition to our other rights under this Agreement. Other consequences may also apply with respect to late or rejected direct debit payments (see clause 7.2). Fees and charges continue to accrue during a suspension.

6.4. Fee increases

We review Membership Fees and other Fees periodically and may change the Membership Fees from time to time. Your Membership Fees and other Fees may be increased at the discretion of and at any time by us, subject to us providing sixty (60) days written notice. To avoid doubt, this notice period does not apply if you are renewing a Fixed Term Agreement. If you do not agree to the increase you may cancel your Membership.

If your Fees are varied, you authorise any debits from your nominated account to also be varied.

6.5. Refunds and the Credit Code

We can deduct all Fees and charges that you must pay under this Agreement from any refund we give you.

7. DIRECT DEBIT

7.1. Direct Debit Payment Agreement

If you pay any Fees, including ongoing Membership Fees, by direct debit, then this will be through our Biller (not us).

You will be provided with a copy of the Direct Debit Payment Agreement of the Biller which applies to any direct debit services. The Direct Debit Payment Agreement, which we are not a party to, is entirely separate to this Agreement.

By nominating a credit or debit account, you authorise our Biller, to deduct from that account all Fees and other charges you are responsible for under this Agreement.

You must keep your account details up to date.

The following transaction fees apply:

  • Bank account (BSB and Account number) $0.80 per transaction
  • Visa and MasterCard 1.87% of the transaction
  • AMEX and Diners: 4.4% of the transaction

7.2. Late or rejected direct debit payments

You must ensure there is enough money in your nominated account on the usual payment, or the next working day if that falls on a day when banks do not process payments.

If there is not enough money in your nominated account on the usual payment day, or there is another reason that your account was unable to be debited (except one within the Biller’s control), you will be charged the Biller’s Administration Fee of $10.20. This will be added to your next debit amount. Prior arrears may also be included.

You authorise our Biller to deduct any unpaid arrears outstanding on your account.

Your bank or credit provider may charge you a fee for overdrawing your account if you do not have enough money in your account when payment is due.

8. PUTTING YOUR MEMBERSHIP ON HOLD

In any 12 month period you may freeze your Membership for a minimum of 2 weeks and a maximum of 12 weeks so long as your account is up to date. We will not “backdate” any freeze request and a freeze request cannot take place during the notice period of a cancellation request.

In any 12 month period you are entitled to a 4 week hold period free of charge. Any additional hold beyond this will incur a Hold Fee of $5 per week. This will be added to your next billing cycle.

Where you, by reason of temporary physical incapacity are unable to undertake physical activity at the Club, you may freeze your Membership for a maximum of three months in any 12 month period, but you must give us proof (such as supporting documentation) to our reasonable satisfaction.

If you have a medical reason, we will not charge you for this extended time freeze to allow you time to recover.

All holds outside of the first complimentary 4 week timeframe require a written request via email to [email protected]

While your Membership is frozen, the Minimum Term will be extended for the same time as the freeze period. Direct debit payments will also be frozen during the freeze period.

9.   CHANGES TO MEMBERSHIP TYPE

You may decide you want to change the type of Membership you hold. If you signed up to a CREW Membership and you want to change to a GYM Membership (downgrade) you are required to provide a minimum of 14 day notice period. If a hold is placed during the downgrade notice period, the downgrade notice period will pause while the hold is in place and restart when the hold has finished.

If you signed up to a GYM Membership and want to change to a CREW Membership (upgrade), this change will require a 1 day notice period.

In both instances, if the Membership is within the minimum term, the remainder of the minimum term period will transfer to the new Membership.

All Membership changes require a written request via email to [email protected]

10. CONTRACTORS

We reserve the right to use independent contractors to provide goods and / or services. There may be other services, including personal training services, offered at the Club by us including, contractors, licensees and others which are offered separately and / or in addition to services provided under this Agreement. We are not responsible for these third-party services including fees or any associated costs, claims or refunds, unless they are provided by us.

You agree not to hold us liable and you agree to indemnify us and keep us indemnified against any claims, demands, losses or damages suffered by you as a result of the negligence of a contractor.

11. GROUP TRAINING

Bookings for group training classes must be done via the Gymmaster App or your Member Portal via the CREWFIT website prior to arrival at the class.

Bookings can also be made over the phone, or at the front desk. Classes are limited so we are unable to guarantee you will receive a spot in the class. If you are booked in for a class and can no longer attend the class, you may miss a class with no penalty if you cancel within 12 hours prior to the class starting.

If you are booked in for a class and do not cancel within 12 hours prior to the class starting 3 or more times in a month, we reserve the right to charge you the Casual Fee.

12. CONDUCT

12.1. Proper use of equipment

You promise to take care to use the equipment safely and properly. If you are ever not sure how to operate any equipment properly, you agree to ask Club staff first.

12.2. Guests

You may bring a guest into a Club but only if they register with Club staff, pay a Casual Fee and meet our other reasonable conditions. For example, they will need to be the Minimum Age, show photo ID, complete the Pre-Exercise Questionnaire and any other forms we require.

12.3. Club Rules

Club Rules apply to everyone using the Club. They are usually displayed in the Club. Club Rules form part of this Agreement so you must make sure you read, understand and follow them at all times.

If you break any of the Club Rules we will respond in a way we consider fair and appropriate. For example, in less serious cases, we may give you a warning but in serious cases or where you have repeatedly broken Club Rules we may suspend or cancel your Membership. If your breach causes us or another person costs, loss or damages, you agree to pay for these.

12.4. Illegal performance enhancing or other illicit substances

You acknowledge that the distribution or use of illegal or performance enhancing drugs is prohibited and promise that you will not use or distribute these substances in or near the Club.

12.5. No Commercial activity unless approved

You acknowledge that engaging in any commercial or business activities in the Club, such as offering training services or selling goods in the Club is prohibited unless we grant you written permission to do so. If we do give you written permission, we can revoke this at any time.

12.6. Action for risky or inappropriate conduct

If you behave in a risky or seriously inappropriate way, for example, if you threaten or harass others, damage equipment, distribute or use illicit substances, or train other Members without our authorisation, appropriate action will be taken. For example, your Membership may be immediately suspended or cancelled, you may be or we may refer the matter to appropriate authorities. If your conduct causes us or another person costs, loss or damages you agree to pay for these.

13. SECURITY

13.1. 24 Hour CCTV cameras

The Club is under 24-hour camera surveillance. Whether you are working out, entering / leaving the Club or restrooms, Your activities are recorded. The video is used for security purposes. The security system does not protect you in or on the Premises.

13.2. Follow Direction

You agree to follow any reasonable direction of Club staff relating to health, safety or security matters or related matters. You must be cautious when entering, leaving the Club and using the Club.

14. WHEN YOU CAN END THIS AGREEMENT

14.1. Notice

If you need to notify or tell us anything in writing under this clause you can give this to us in person or by email to [email protected].

14.2. Cancelling your Membership

Ongoing Agreement

To ensure your direct debit does not continue past your Minimum Term in the case of an Ongoing Agreement, you must give us at least 28 days’ notice before the end of the Minimum Term. If you tell us before the end of the Minimum Term but it is less than 28 days’ before, your Membership will continue for a further 28 days before it ends.

If your Ongoing Agreement has continued beyond the Minimum Term, you can cancel any time by giving us at least 28 days prior written notice

We count this notice period from the date that your request is received by us, this means your final debit may be a pro rata amount. You cannot freeze your membership payments during the notice period.

Fixed Term Agreement (Prepaid)

If this is a Fixed Term Agreement, you do not need to do anything, as your Membership will end when the Minimum Term ends. We may contact you before your Agreement ends to discuss renewal.

14.3. Cancelling your Membership during the Minimum Term

You can cancel your membership if time freeze is not suitable during the Minimum Term if:

a) you are sick or incapacitated. In such cases you must show us a certificate from a qualified medical practitioner stating that you cannot exercise for the rest of the Minimum Term; or

b) we break an Essential Term and have not fixed this in a reasonable time of you asking us in writing.

In such circumstances, we will refund you the value of the unexpired term remaining on your Fixed Term Agreement. If you have an Ongoing Agreement we will not require you to pay out the balance of your Minimum Term. We will not charge you any exit fee.

You can also cancel your membership during the Minimum Term if you are bankrupt. If you have an Ongoing Agreement we will not require you to pay out the balance of your Minimum Term and we will not charge you any exit fee. To avoid doubt, we will not refund any Membership Fees to you in the case of a Fixed Term Agreement.

You can also cancel your membership if time freeze is not suitable during the Minimum Term if you relocated to an area more than 10 kilometres from the Club, but you must show us a letter from your real estate agent or advice from Australia Post. In such circumstances, we will refund you the value of the unexpired term remaining on your Fixed Term Agreement from the effective date of the cancellation. If you have an Ongoing Agreement, we will not require you to pay out the balance of your Minimum Term from the effective date of the cancellation. In both cases, we will charge you an exit fee that is equal to 50% of the remaining contract value on your Membership.

If you wish to cancel for any other reason and have more than 28 days left in your minimum term, you will be required to pay out your agreement.

15. WHEN WE CAN END THIS AGREEMENT.

In addition to our other rights under this Agreement, we may cancel your Membership if you breach any obligation under this Agreement that can’t be fixed or if you breach an obligation that can be fixed but you do not fix it in a reasonable time, if your Fees remain unpaid for 28 days or more, or where you have provided us with false details or have not disclosed to us changes in your health during the term.

If we cancel your Membership under this clause, you will be liable for all Membership Fees to the end of your Minimum Term and Fees for services already supplied. We may also recover costs, loss or damages caused by your breach, including debt recovery expenses of engaging an external collection agency and legal costs (without limiting any other right or remedy we have).

16. CHANGES TO YOUR AGREEMENT

We may sometimes make changes to this Agreement, including our Club Rules. If we do this, we will try to do this fairly and by giving you a chance to cancel your Membership if you are adversely affected by the change and do not agree to it.

We will make reasonable efforts to tell you of any change in advance and when it will take effect. The effective date will generally be at least 30 days from the date we tell you about the change unless it is not practical for us to tell you at this time. Your Membership will be amended from the effective date.

You cannot cancel under this clause if we have to make the change to comply with a law or a direction of a relevant authority.

The most up-to-date terms and conditions always apply. You can find copies on our website at https://www.crewfit.com.au/terms-and-conditions/

17. PRIVACY

By signing this Agreement, you consent to us collecting, using, disclosing and dealing with your personal information in accordance with our privacy policy. In particular, you consent to the transfer and storage of your personal information outside Australia. You can access our privacy policy at https://www.crewfit.com.au/privacy-policy/

Members and guests are not allowed to take photos and/or videos in Clubs unless specific permission is granted by the Club.

18. OUR LIABILITY TO YOU

18.1. Statutory guarantees

a) Under the ACL we guarantee that the services we supply:

i) are provided with due care and skill;

ii) are reasonably fit for any purpose you have told us you are using the services for or told us you wish to achieve; and/or

iii) are supplied in a reasonable time.

b) Under certain legislative provisions, however, we can ask you to accept some limitations to the ACL guarantees.

c) If you sign this Agreement, you agree, to the extent allowed by section 139A of the CCA, to exclude or modify our liability to you for death or injury from our failure to comply with ACL guarantees.

d) This exclusion does not apply if your death or injury is caused by our “reckless conduct” (as defined in the CCA).

18.2. Other implied terms

Nothing in this Agreement excludes, restricts 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 clause 18.1 and 18.2, we are not liable for death or injury caused by our negligence or breach of implied terms that services will be provided with reasonable care and skill at common law. This does not exclude our liability for reckless conduct.

18.3. General release

You use the facilities provided by us at the Club at your own risk and expressly acknowledge that the use of the Club may involve risk of injury, whether caused by you or another party. By accepting this Agreement you agree that we will not be liable for any loss, injury, damage or theft of property, belonging to or brought onto Club premises by you, or for any death, personal injury or illness on Club premises, or from using our facilities or equipment to the extent permitted by law.

18.4. Loss of property

You promise not to unnecessarily bring valuables into a Club and agree that it is not the obligation of the Club to look after unattended property. We cannot accept responsibility for any loss or damage to your belongings while you are at the club, even if someone breaks into your locker. If you leave belongings in a locker overnight, we may remove them.

19. YOUR RESPONSIBILITY FOR DAMAGE

You agree to pay for any loss or damage to the Club caused by you or your guests through a wilful, wrongful or negligent act or as a result of your, or their, breach of this Agreement.

20. CLUB CLOSURES

a) We may need to close our Club for a period of time, for example, due to an emergency, or if required by a court order or by law.

b) We may close our Club up to 14 days in any 30 day period under clause 20(a) and keep charging Membership Fees.

c) If we close the Club for between 15 and 30 days under clause 20(a) in any 30 day period, clause 20(e) applies.

d) We may also close the Club for up to 30 consecutive days if it is being refurbished or relocated.

e) If we close the Club under clause 20(c) or 20(d), we will freeze your Membership at no cost to you and extend your Agreement for a time equal to the closed period.

f) We will try, but cannot promise we will be able to tell you about a Club closure in advance.

21. COMPLAINTS AND FEEDBACK

If you have any concerns about the Club or anything else in relation to your Membership, you should first raise it with Club staff.

If you are uncomfortable about approaching, or do not wish to approach Club staff, or are not happy with the response given, you may send a complaint to [email protected]

We follow the Fitness Industry Code of Practice. You can lodge a complaint with Fitness Australia if you have any concerns about our application of the Code.

22. GENERAL LEGAL MATTERS

We are not responsible if Members cannot use our Club because of an event caused by a natural force (such as a fire or a flood) or a road or building closure or something similar beyond our reasonable control. If this continues for more than 30 days, then either you or we may cancel this Agreement immediately by written notice. No Fee will apply.

In the event that the Club is required to close because of government restrictions, the Minimum Term will be extended for the same time as the restriction period. Direct debit payments will also be frozen during the period of the government restrictions.

If a court decides that any part of this Agreement is or becomes illegal, void or unenforceable, that part is deleted and this does not invalidate the rest of this Agreement.

If we do not enforce our rights under this Agreement at any time, it does not mean that we may not do so in future.

You agree that we have not made any representations or promises that you have relied on that are not in this Agreement.

The law of New South Wales applies to this Agreement.

23. DEFINITIONS

  • Agreement: means The Club Rules, these Terms and Conditions, Pre- Exercise Questionnaire, any express waivers you have signed as part of the joining process and your Membership Application.
  • ACL: means the Australian Consumer Law in the CCA.
  • Biller: Our third party biller, Ezidebit Pty Ltd, A.B.N 67 096 902 813
  • Casual Fee: means $25.
  • CCA: the Competition and Consumer Act 2010 (Cth).
  • Club: a CREWFIT Fitness Club.
  • Club Rules: the rules that are referred to in clause 12.3.
  • Direct Debit Amount: what you agree to pay by direct debit.
  • Direct Debit Payment Agreement: the periodic billing agreement you enter into with our third party Biller for periodic billing services.
  • Essential Term: a term of this Agreement that is so important you would not have signed the Agreement without it. If there is a disagreement as to whether a term is an Essential Term, the matter will be reasonably determined by CREWFIT.
  • Fees: fees that apply under this Agreement, including Membership Fees.
  • Fixed Term Agreement: an agreement which automatically ends at the end of the Minimum Term.
  • Membership Tag: the key that allows you to access Clubs.
  • Hold Fee: the Fee payable by you when you place your membership on hold outside of the complementary 4 week period.
  • Joining Fee: the Fee payable by you when you join the gym as disclosed to you at the time of joining.
  • Member: a Club member.
  • Membership: another word used to refer to this Agreement.
  • Membership Fees: the Fees you pay to access the Club in relation to the Membership Type you have selected.
  • Minimum Age: the minimum age to become a Member and use the Club and referred to in clause 3.
  • Minimum Term: the minimum term as set out in clause 1 depending on your Membership Type.
  • Ongoing Agreement: an agreement that continues on an ongoing basis after the Minimum Term until term