1. Personal information
We take our responsibility to keep our members’ privacy seriously and all personal information received and collected by us is kept in strict confidence.
Please let us know of any changes to your personal information so we can keep in touch.
2. Use of Facilities
2.1 General use obligations
As a member you will only be entitled to use our facilities:
(a) for the term that your membership is valid; and
(b) strictly in accordance with:
(i) all of our policies (as may be amended and updated from time to time);
(ii) any reasonable directions given by a member of our staff; and
(ii) the guidelines contained in our Conditions of Entry, outlined in our Code of Conduct, most importantly:
(A) the wearing of:
(1) closed toe shoes apart from on the mat area; and
(2) a t-shirt or singlet, all times while on the gym floor;
(B) use of a towel when working out;
(C) refraining from use of inappropriate language;
(D) keeping the gym floor free from your personal belongings including bags;
(E) maintaining a high level of hygiene when using the club (including the use of deodorant before exercising);
(F) for tradespersons, changing from your working clothes and shoes prior to commencing your exercising activities; and
(G) not exercising in a large group (more than 4) and dominating the use of equipment in peak times (unless otherwise approved by a manager)
2. 2 Equipment use obligations
You acknowledge and agree to:
(a) Please ensure you ask an Arena Coach if you are not sure of the correct use or operation of the MMA or functional equipment
(b) Return all weights, dumbbells and bars to their designated racks after use (including unloading plates from machines and bars and returning them to their applicable racks). For the avoidance of doubt, this obligation also applies to equipment used on the mated zones.
(c) use Sports Performance Zones safely and after being provided with assistance from a member of our staff if you are unfamiliar with the equipment.
3. Right of admission
We reserve the right to refuse admission to any persons including members for any reason which we consider to be reasonably necessary to ensure the safety of our members and their enjoyment of our services and facilities, including:
(a) wearing inappropriate clothing or footwear;
(b) failing to use a towel;
(c) poor hygiene;
(d) being under the influence of drugs or alcohol; and
(e) engaging in conduct that is disruptive or offensive to other members.
4. Health risks
4.1 No health risk
(a) You must immediately inform us in writing if you believe or reasonably should be of the belief, that participating in any martial arts and fitness activities offered by us in any way could pose a risk to your health.
(b) You acknowledge that:
(i) disclosure of any physical restriction, disability or predisposition to sickness or injury that may be aggravated or adversely affected as a result of my participation is required to enable instructors to take practical steps to minimize the risks of your involvement in our martial arts and fitness activities; and
(ii) unless you tell us otherwise, we assume you have no health risks, conditions or injuries.
4.2 Pre-exercise Questionnaire
(a) You warrant that you completed the pre-exercise questionnaire honestly and in its entirety before becoming a member.
(b) You acknowledge and agree that the pre-exercise questionnaire is incorporated into these Terms and Conditions.
5.1 Bringing a guest
(a) If you bring a guest, you must:
(i) introduce the guest to the club manager;
(ii) ensure your guest completes a guest waiver prior to training.
5.2 Guest acknowledgements
If you fail to comply with your obligations under condition 6.1, you acknowledge and agree to accept full and complete responsibility for any injury, loss or damage suffered by the guest while the guest is in one of our fitness centres.
6. Total fighter program
(a) Our total fighter program is a confidential and exclusive offering which we provide to our members.
(b) You must not use, replicate, copy or share this program (including its structure or content) outside of any of our fitness centres without our consent.
(c) You acknowledge that we will exercise all our legal rights against you for breaching copyright and non-disclosure obligations if you do not comply with the stipulations contained in (b)
7. Membership cards
(a) Your access and identification card (or band) is for your use only and must not be shared or issued to anyone else.
(b) You acknowledge and agree to make payment of a $10 card replacement fee or a $35 band replacement fee (as applicable) that we will add to your account upon issuing you with a replacement.
8. Personal property
(a) You acknowledge and agree that you are solely responsible for all of your personal belongings whilst you are in one of our fitness centres.
(b) You hereby release us from any and all liability relating to the loss or theft of any of your personal belongings that has occurred while you are at one of our fitness centres.
(c) You must not leave your keys or wallet at reception.
(d) You should not store your valuables in the lockers, if you do you store them at your own risk.
9. Personal injury
(a) You acknowledge and understand that certain inherit risks exist in relation to the use of our equipment and fitness centres and your participation in and acceptance of our martial arts and fitness activities.
(b) You are aware that martial arts and fitness activities can be potentially dangerous and can result in serious injury and even death.
(c) You enter any of our fitness centres, use our equipment and participate in our fitness and martial art activities on your own volition and entirely at your own risk.?
(d) You hereby release us from all liability whether relating directly or indirectly, to any personal injury or illness caused, resulting from or arising out of your use of our equipment, our facilities, your participation in our fitness and martial arts activities or otherwise suffered by you while in any of our fitness centres, save where such injury or illness was caused as a direct consequence of our negligence or the negligence of someone we are responsible for.
(e) You also agree to indemnify us and to keep us indemnified for any claims or actions against us resulting from any personal injury or illness caused directly or
(i) indirectly by your:
(ii) use of our equipment;
(ii) use of our fitness centres; or
(ii) participation in and acceptance of our fitness services, save where such injury or illness was caused as a direct consequence of our negligence or the negligence of someone we are responsible for.
10. Age restrictions
(a) A parent or guardian must sign the membership agreement on behalf of persons younger than 18 years.
(b) Membership is limited to persons who are at least 4 years of age.
(c) Children under the age of 13 years are not to attend any of our fitness centres without a parent or guardian. At all times a child under the age of 13 is in any of our fitness centres a parent or guardian must be present supervising the child.
(d) You acknowledge and agree that your child or the child that you are the guardian for whilst within any of our fitness centres is your sole responsibility. Accordingly, you hereby release us from any and all liability that may arise as a consequence of the child suffering an injury or illness arising out of attending any of our fitness centres, save for where such injury or illness is caused as a direct consequence of our negligence or the negligence of a staff member which we are responsible for.
(e) Persons of 13 years to 15 years of age will be charged kids rates, which may participate in classes that do not involve any weights lifting or strength and conditioning workouts.
(f) Persons of 16 years and older will be charged adult rates.
(g) Persons from the age of 13 years of age may participate in one-on-one coaching at an additional cost.
11. Fee reviews
11.1 Increased costs of providing service
(a) You acknowledge and agree that we have a right to review our fees on 30 June each year after your minimum term has expired, if local, state or federal rates, duties or taxes are implemented which directly increase our costs of providing our fitness services to you.
(b) We will use our best endeavours to notify you personally of any price increase at least 30 days before it takes effect.
11.2 Yearly increases
You acknowledge and agree that we have a right to increase your membership dues after 6 months from your membership commencement, to a maximum of the rise of the consumer price index from the previous year (as measured by the Australian Bureau of Statistics) plus 3.0%.
12. Upkeep fee
(a) You agree to make payment of an additional amount of $9.95 being debited from your account on the: 1st Friday in March; 1st Friday in June; 1st Friday in September; and 1st Friday in December (Upkeep Fees).
(b) We guarantee that the Upkeep Fees will be strictly applied to facility and equipment upgrades.
(c) We reserve the right to reasonably review the Upkeep Fees each financial year. We will notify you before any amendments to this fee are to take effect.
13. Direct debit
(a) You covenant and agree to pay each instalment amount until this Agreement is terminated.
(b) You authorise us to directly debit any amount owing to us which has been contemplated under these terms and conditions to enable us to keep your account up to date.
(c) You acknowledge that you will be charged a fee by our direct debit agent:
(i) for management of your direct debit facility; and
(ii) of $17.50 if you have insufficient funds causing a payment fail, both of which will be debited from your account in addition to your membership.
The direct debit fees may be increased in accordance with the Debit Service Agreement.
(a) You must ensure sufficient funds are available at all times to cover the direct debits to be made under this Agreement.
(b) You must advise us in advance if your bank account or credit card is closed or changed.
(c) You acknowledge that it is your responsibility to cancel your direct debit facilities in respect of your membership when this agreement expires or is terminated.
15. Membership hold
15.1 General hold conditions
(a) You are permitted to put a hold your membership for a period of not less than 2 weeks, but not more than 3 months.
(b) You are entitled to 5 membership holds each calendar year, provided the period of each hold is not less than 2 weeks, but less than 3 months in aggregate in each calendar year.
(c) If you wish to hold your membership you must provide us with a properly completed time hold form, at least 5 business days before the hold period is to commence.
(d) While your membership is on hold we reserve the right to charge you a membership hold fee of which at the time of entering into these terms and conditions is an amount of $15 per month, but may be increased by us in line with clause 11.
(e) Direct debt payments will resume once your membership hold period expires.
(f) If you wish to extend the duration of your membership hold you must provide us with notice prior to the expiration of your original hold period. This notice must specify the new date the hold is to continue.
(g) Membership hold fees do not contribute to the total minimum membership fee.
15.2 Special circumstances
If you wish to put a hold on your membership as a consequence of a medical condition which inhibits you from using our fitness services, we will waive our membership hold fee provided you give us a medical certificate evidencing your condition that is satisfactory to us.
16. Membership transfer
Direct debit membership, while within the minimum term, may only be transferred to a non-member with our consent.
17.1 Termination under cooling-off
(a) Your membership is subject to a 48 hour cooling-off period which is taken to start, either:
(i) from the date that you entered into your membership, if your membership relates to a one of our fitness centres that was open at the time you became a member;
(ii) from the date that the fitness centre opens, if your membership relates to a fitness centre that was not open at the time you entered into your membership and you have not used any other fitness centre we own; or
(iii) from the date that you visit any other fitness centre we own, if your membership relates to a fitness centre that was not open at the time you entered into your membership and you have used another fitness centre that we own.
(b) Your cooling-off period ends at 12:00 am on the second day after it starts.
(c) If you wish to terminate your membership under the cooling-off period you must:
(i) provide us with written notice of your termination, prior to the end of your cooling-off period; and
(ii) pay us an administration fee which will be equal to the lesser of:
(a) $75; and
(b) 10% of the unpaid balance of your total minimum cost.
(c) Return unused start-up kit and membership card to receive initial start-up costs, otherwise no refund will be provided
17.2 Termination due to sickness or incapacity
If you are unable to continue to use the fitness services during your minimum membership term because of a permanent sickness or physical incapacity, you may terminate your membership by following all steps below;
(a) providing us a completed termination request form; and
(b) giving us an original medical certificate stating that you are unable to use our fitness services because of your permanent sickness or physical incapacity; and
(c) by making payment of our administration fee which will be equal to the lesser of:
(i) $75; or
(ii) 10% of the unpaid balance of your total minimum cost.
17.3 Termination due to relocation
If you are unable to continue to use the fitness services during your minimum membership term because of a permanent relocation, you may terminate your membership by following all steps below;
(a) providing us a completed termination request form at least 30 days before termination is to occur;
(b) provide us comprehensive evidence that your new residence is at least 20 km away from any of our fitness centres; and
(c) making payment of our relocation termination fee which is equal to the lesser of:
(i) $250; or
(ii) the unpaid balance of your total minimum cost.
Other termination during initial term
You may terminate your membership prior to the expiration of the minimum membership term by following all steps below;
(a) giving us a completed termination request form at least 30 days’ before termination is to take place; and
(b) making payment of the early termination fee, which will be equal to the unpaid balance of your total minimum cost.
Member termination after initial term
You may terminate your membership on or after the expiration of the minimum membership term by providing us with us a completed termination request form at least 30 days’ before termination is to occur.
Termination by us
(a) You acknowledge and agree that we may terminate your membership without warning to you if you breach any part of these terms and conditions which we deem in our sole discretion serious enough to justify termination.
(b) If we terminate your membership as a consequence of your breach of these terms and conditions, you acknowledge and agree that you will remain responsible, at the very least, for the payment of the balance of your minimum membership cost.
10 Day Comfort Guarantee
(a) If for whatever reason you are not satisfied with our fitness services within 10 days of joining our club, we will cancel your membership without charging you an early termination fee (10 Day Comfort Guarantee).
(b) Please be aware that terminating under our 10 Day Comfort Guarantee does not entitle you to a refund of your initial start-up costs.
(c) To be eligible to exercise your termination rights under our 10 Day Comfort Guarantee you must within the first 10 days of your membership:
(i) use our fitness centres at least 2 times; and
(ii) notify us in writing of your termination under our 10 Day Comfort Guarantee.
We reserve the right to update our Terms and Conditions at any time following the provision of 30 days’ written notice which may be given by:
(a) publishing a notice of the update in our newsletter
(b) placing notices of the update in our fitness centres;
(c) writing to by email advising of the update;
(d) publishing notice of the update on our website; and/or
(e) sending you an SMS notification of the update.
The most up to date version of our Terms & Conditions are available on our website www.arenafitnessmma.com.au.