Chopper’s Gym Terms and Conditions
SUMMARY OF KEY TERMS AND CONDITIONS OF THIS AGREEMENT
Some of the key Terms and Conditions of this Agreement are summarised below.
Cooling Off: You can cancel your membership within 48 hours from the Start Date by giving us written notice.
Your Safety: You agree to give us all relevant health and fitness information before or during any exercise. Each time you use the facilities and services, 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 seek medical guidance.
Putting Your Membership On Hold: A minimum freeze period of 14 days will apply and a weekly Freeze fee may also be charged. You can usually ‘freeze’ your Membership for up to 3 months.
Agreement for Ongoing Membership and Pack Members: This Ongoing Agreement or a "Periodic Billing Agreement" continues until either you or we terminate it in the way set out in the Terms and Conditions in this Agreement.
Ongoing Membership and Pack Members Direct Debit Information: If an automatic Direct Debit Arrangement is in place, your Membership fees will continue to be debited from your account until you or we cancel the Arrangement by advising your bank or credit provider with a notice period of 7 days.
Ongoing Membership - Cancelling Term for Medical Reasons: You can cancel your Membership if you contract a serious illness or a permanent physical incapacity which is confirmed by a doctor we reasonably agree to and you pay an administration fee which is equal to your Membership fees for 7 days.
Ongoing Membership - Cancelling for Other Reasons: You can cancel for your convenience with 7 days written notice.
Ongoing Membership - Not Enough Money in Account When fees Are Due: Your bank or credit provider may charge you a fee for overdrawing your account. Our third-party Biller also charges the Biller's Administration fee.
TERMS AND CONDITIONS
JOINING
If you join under a particular offer, such as a special offer, you will also need to give us proof that you are eligible for that offer.
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. To be effective, you must let us know in writing at any time during this 48 hour cooling off period. Your written cancellation can be given to us personally or by email. If you cancel your Membership under, we will charge you for any services or products already supplied.
UNDER 18
Responsibility for members under 18; by accepting on behalf of a child, the parent or guardian agrees to be responsible for ensuring the child exercises safely, pays their membership fees and otherwise follows the Gym rules' and all other Terms and Conditions within the details of this Agreement.
HEALTH AND SAFETY AND ACCEPTABLE CONDUCT
When you accept the Terms and Conditions of this Agreement and each time you use the facilities and services, 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 facilities and services 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 a Release and Waiver of Liability form. In some cases, you will be required to seek 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 facilities and services 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 the Terms and Conditions of this Agreement.
Orientation
You may be required to participate in a Member orientation to familiarise you with the facilities and services before you use them.
Proper use of equipment
You promise to take care to use the facilities and services safely and properly. If you are ever not sure how to operate any equipment properly, you must ask Gym staff before you use it.
Guests
You may bring a guest into a Gym but only if they register with Gym staff and meet our other reasonable conditions. For example, they will need to be the Minimum Age, show photo ID, complete a Release and Waiver of Liability form and other standard forms.
Gym Rules
Gym Rules apply to everyone using the facilities and services.
Gym 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 Gym 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 the Gym 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.
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 Gym.
You acknowledge that engaging in any commercial or business activities in the Gym, such as offering training services or selling goods in the Gym 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.
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 banned from joining any Gym and/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.
SECURITY
Gym premises have CCTV security cameras recording 24-hours a day (except in bathrooms) and may have remote video guarding services. This system is used for security purposes but does not guarantee against harm. You should contact the Gym if you have questions on this.
Emergencies
The gym has a phone and contact details, for safety and security reasons to alert a security company in emergencies, for example, if you are, or feel, threatened or need medical help. You must understand how emergency apparatus works and agree to use it only in an emergency. If you deliberately use emergency apparatus inappropriately, you agree to pay for any costs, loss or damages incurred because of this inappropriate use. The gym may also have an emergency or crisis response procedure displayed which must be followed in emergencies.
Be Cautious
You must be cautious when entering, leaving and when using the Gym.
Following Directions
You agree to follow any reasonable direction of Gym staff relating to health, safety or security matters or related matters.
PRIVACY
Your Personal Information
From when you apply for Membership, you will need to provide us with, and we will have access to personal information about you, including information relating to your health and finances.
General Consent
By agreeing this Agreement, you consent to us collecting, using, disclosing and dealing with your personal information in accordance with our privacy policy. You can access our privacy policy at www.choppersgym.com.au/privacy
Up To Date Contact Information
You must tell us promptly if you change your contact or payment details or if there is a change to other relevant personal information, including anything that may affect health or safety.
Consent to Use Your Image
You understand that photos, films, videos or audio recordings are sometimes taken of Members for promotional purposes. Your permission will first be obtained if this is done. By accepting this Agreement, you agree to allow your image, recording or likeness to be used for any legitimate purpose by Chopper’s Gym and you assign your rights in any of these materials to Chopper’s Gym.
PUTTING YOUR MEMBERSHIP ON HOLD
You may temporarily suspend or freeze your Membership for any reason if your account is up to date for a minimum period of 14 days. You may freeze your Membership for up to 3 months.
We may agree to freeze your Membership for more than the period noted for travel, medical or hardship reasons but you must give us proof (such as supporting documents) to our reasonable satisfaction.
The Freeze fee usually applies during any freeze period. While your Membership is frozen, the term will be extended for the same time as the freeze period. For Ongoing Memberships Direct Debit payments that fall in the freeze period will also be frozen (except the freeze fee).
WHEN YOU CAN END THIS AGREEMENT (ONGOING MEMBERSHIPS)
Notice
To end this agreement, you must notify us:
Within 7 days of the next payment date;
You must notify us by email;
Your notice must include your name, address, phone, email, ID details and signature and explain why you wish to cancel and attach required proof such as a medical certificate.
Cancelling for Medical Reasons
You can cancel your Membership at any time by telling us in writing if you cannot use the facilities and services because you contract a serious illness or a permanent physical incapacity during the term of your Membership. This must be confirmed in writing by a doctor or other medical professional we reasonably agree to and you agree that we may contact the doctor or other professional for verification purposes.
If you cancel your membership due to medical reasons, you will also be liable for fees for services already supplied and an administration fee which is equal to your Membership fees for 7 days.
Other ways you can cancel this Agreement
You can also cancel your Membership in the following ways when prior notice is NOT required. You may cancel without giving us prior notice if:
we break a Term and have not fixed this in a reasonable time of you asking us in writing;
you become bankrupt and give us proof (such as supporting documents) to our reasonable satisfaction;
we change the Terms and Conditions in this Agreement in a way that adversely affects you; or
you become entitled to cancel under consumer laws.
Applicable Fees
If you cancel your Membership you will be liable for fees for services already supplied. These fees are not refundable except in very limited circumstances related, if we break a Term and have not fixed this in a reasonable time of you asking us in writing or you become entitled to cancel under consumer laws.
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 we cancel your Membership due to a breach, you will be liable for fees for services already supplied. We may also charge for recovery costs, loss or damages caused by your breach.
You promise you are not bankrupt or insolvent and are able to pay applicable fees at the time of accepting this Agreement.
In the event that you are entering into an Ongoing Membership, you agree that you will tell us promptly if you believe you will be unable to pay your Membership fees for an extended period.
We may cancel your Membership if you become bankrupt or insolvent. If we cancel your Membership due to you becoming bankrupt or insolvent. you will be liable for fees for services already supplied.
FEES
General
The fees you have to pay are set out in https://www.choppersgym.com.au/memberships. Some rights and obligations that apply in relation to particular fees are set out in this clause.
If you do not make any payment when it is due, your Membership may be suspended and you could be refused access to the Gym and to facilities and services until all outstanding amounts have been paid.
Your Membership may also be terminated if any fees remain unpaid for an extended period. You will still be liable for all unpaid amounts.
Membership Fees
When entering into an Ongoing Membership Agreement, you must pay Membership fees periodically in advance until your Agreement ends.
Cancellation Fees
A Cancellation fee may (at our reasonable discretion) also be payable by you if:
Your Membership is ended by us due to your action of risky or inappropriate conduct.
If you breach any obligation under the Terms and Conditions of 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.
Any fees remain unpaid for an extended period. You will still be liable for all unpaid amounts.
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 the Terms and Condition of this Agreement, including those under the clause, 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.
Other consequences may also apply with respect to late or rejected payments set out under the clause, Direct Debit - Late or rejected direct debit payments. Charges continue to accrue during a suspension If you do not pay a fee when due.
Fee Increases
We will make a reasonable effort to notify you of changes to your membership fees. If your membership fees have been changed, you authorise us to change the associated debits from your nominated account to reflect the change in membership fees.
No Show Fees
Class cancellations must be done 45 minutes before the class is scheduled to start. A no show fee will be charged at $10 with an unlimited membership and in the instance of a pack membership 1 credit will be deducted.
Refunds and Credit Notes
We can deduct all fees and charges that you must pay under this Agreement from any refund we give you.
DIRECT DEBIT
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.
Authority to Deduct Fees
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.
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. 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.
CHANGES TO YOUR AGREEMENT
We may sometimes make changes to this Agreement, including our Gym 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. Subject to other Terms and Conditions, 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 in the case if we have to make the change to comply with a law or a direction of a relevant authority.
OUR LIABILITY TO YOU
Statutory guarantees
Under the Australian Consumer Law (ACL) we guarantee that the services we supply:
are provided with due care and skill;
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 are supplied in a reasonable time.
Under certain legislative provisions, however, we can ask you to accept some limitations to the ACL guarantees.
If you sign this Agreement, you agree, to the extent allowed by section 139A of the Competition and Consumer Act (CCA), to exclude or modify our liability to you for death or injury from our failure to comply with ACL guarantees.
This exclusion does not apply if your death or injury is caused by our “reckless conduct” (as defined in the CCA).
Other implied Terms and Conditions
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 our liability to you under the clause, Statutory Guarantees, 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.
Loss of Property
You promise not to unnecessarily bring valuables into the Gym and agree that it is not the obligation of the Gym to look after unattended property.
YOUR RESPONSIBILITY FOR DAMAGE
You agree to pay for any loss or damage to the Gym or the Facilities and Services 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.
GYM CLOSURES
We may need to close our Gym for a period of time, for example, due to an emergency, or if required by a court order or by law.
We may also close the Gym for up to 30 consecutive days if it is being refurbished or relocated.
We will freeze your Membership at no cost to you for a time equal to the closed period.
We will try, but cannot promise we will be able to tell you about any Gym closures in advance.
COMPLAINTS AND FEEDBACK
If you have any concerns about the facilities and services or anything else in relation to your Membership, you should first raise it with Gym staff. If you are uncomfortable about approaching, or do not wish to approach Gym staff, or are not happy with the response given, you may send a complaint by email to chopper.muaythai@gmail.com.
GENERAL LEGAL MATTERS
Unexpected Events
We are not responsible if Members cannot use our Gym 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.
Severability
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.
Waiver
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.
Entire Agreement
You agree that we have not made any representations or promises that you have relied that are not in this Agreement.
Applicable law
This Agreement is governed by the laws of the Australian Capital Territory and the Parties irrevocably submit to the jurisdiction of the Australian Capital Territory.