New England Barbell Membership Contract
Thank you for choosing New England Barbell as your preferred destination for your continued good health, fitness and general well-being. Please read through these Terms and Conditions of Membership (“Terms and Conditions”) carefully. To become a member of New England Barbell (“the Gym”) and to enjoy the use of our facilities, products and services, you must agree to be bound by them. New England Barbell and is located at 156 Miller Street Armidale NSW 2350 (“the premises”).
You acknowledge that the nature and effect of the whole of the terms of clause 5 below, which pertain to risk or liability, as indicated in bold, have been now or previously drawn specifically to your attention; that you have had adequate opportunity to read and fully understand such terms and conditions, as well as all the Terms and Conditions of this agreement; and you understand and agree that, by signing the bottom of this document, you are bound by the terms of each and every clause of this agreement.
From the date of completing this document, and thereby formalising the membership process, you will become entitled to receive the services and products offered by the Gym. Some services and products may incur additional costs or fees. The Gym reserves the right to change these Terms and Conditions, hours of operation, services offered, and any/all fees charged, at any time, at its sole discretion and without prior notice to you.
This agreement commences on the commencement date, and continues indefinitely until such time as your membership with the Gym is terminated by either party.
4. Undertakings by you:
When you are required to provide the Gym with details and personal information, you undertake to do so, and undertake also that they will be true, accurate and complete. You accept that the details and information, which you have supplied, and will supply, to the Gym will be relied upon to provide you with the available services and products.
You undertake not to use, in any circumstances, the trademarks, logos, designs, trade names, the copyright, know-how and patents relating to the Gym. If you do use any of these intellectual property rights, you will be liable for any damages, which may be suffered; and you may also be liable to criminal prosecution. You indemnify the Gym for each and every consequence flowing from your use of these intellectual property rights.
Furthermore, by signing and agreeing to these Terms and Conditions, you thereby authorise the Gym, or any of its other entities, to use any photographic images, video, or any other recording of you contained or stored on or in any such or other media, where such images were recorded whilst you are, or were, taking part in any of the Gym’s activities, using its services, or utilising any of its products. The Gym reserves the right to use these images or recordings for commercial purposes without payment.
5. No liability, Indemnity:
You acknowledge and accept that when you become a member of the Gym, and use any of its products, services, equipment, software or other facilities or services that you do so entirely at your own risk. It is your responsibility to determine whether medical clearance is required to participate in any activities or services offered by the Gym; and your failure to do so will be at your own risk, and could result in serious injury or death. It is your responsibility to notify and disclose to the Gym any matter, which may affect your training or membership, such as, but not limited to, prior head injuries, other bodily injuries or weaknesses, pregnancy or any other physical, or mental, condition, present or pre-existing, which may have an adverse effect upon your participation in any training, or the use of any equipment, products or any other services, offered by the Gym.
You agree that you shall have no claim against the Gym, its directors, employees, associates, subcontractors, agents, representatives, consultants, licensees and/or licensors for any loss, damage, harm, injury, death and/or expense, which may be suffered by you, or by any third party, resulting from any cause whatsoever, howsoever arising (excluding gross negligence), in connection with your membership and the use of any of the facilities or services of the Gym. Damages shall be deemed to include direct, indirect, general, special, incidental, punitive and consequential damages.
You assume all of the risks associated with the physical activities offered by the Gym, and assume the risk of, but not limited to, personal injury, illness, negligence, economic or property loss or damage or any kind or nature by the Gym, its owners, directors, officers, employees or agents.
In consideration of the grant of membership to you, you hereby release and discharge and indemnify the Gym from all actions, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs and expenses, howsoever arising, that you may have incurred, and which in any way arise from, or in connection with, your membership and/or use of the Gym and/or its facilities and equipment, or from being on the gym premises to the fullest extent permitted by law, and whether caused or contributed to (directly or indirectly) by any other act of negligence, breach of duty or default/omission on the part of the Gym and/or its representatives owners, directors, officers, employees or agents.
Upon signing these Terms and Conditions you agree that the Gym will not be liable for any loss, damage or theft of any of your property, except when caused by gross negligence by the Gym. Further the Gym will not be liable for any death, personal injury or illness occurring on the premises, or as a result of use of facilities, equipment or services, except that it arises from the gross negligence of the Gym and/or its representative owners, directors, officers, employees or agents.
You also acknowledge and accept that the Gym has made no representations with regard to any particular competence, or with regard to the safety and/or quality of any of the equipment or services offered by the Gym in connection with your membership.
These provisions are binding on your estate, heirs, executors, administrators, parents and/or guardians.
The Gym strongly recommends that you consult your doctor before signing these Terms and Conditions, and completing the membership process, and also before commencing any exercise program or service offered by the Gym. Even though such action remains entirely in your hands, the Gym genuinely wishes your membership to result in a positive and rewarding experience.
6. Membership cards must be produced to staff prior to entry to the Gym.
7. Your membership card cannot be used by any person other than yourself.
8. If your Card is lost or stolen, a replacement can be organised, after payment of a replacement fee.
9. If your membership fees are not up to date, or your membership is frozen, suspended or terminated, gym access will be denied.
10. You must inform the Gym of any change in your contact details, bank accounts, credit card details for payment, and any other details relevant to your membership.
11. You may receive marketing material by various means at any time. It is your responsibility to contact the Gym to request discontinuance of any such material.
12. On termination of your membership you must return your membership card to us.
13. If we terminate your membership, you will no longer be eligible for membership of the Gym.
14. Being a strictly Members Only Gym, non-members are not allowed onto the premises, unless expressly permitted by management.
15. Alcohol or illegal drugs are strictly prohibited on our premises.
16. Food or drink purchased from outside the Gym is not permitted to be consumed on the premises.
17. Gym facilities cannot be used whilst under the influence of alcohol, anticoagulants, antihistamines, beta blockers, narcotics, alcohol or tranquillisers.
18. The Gym is strictly a “Non Smoking” area.
19. You may not take any photographs or video footage whilst on the premises. Should you desire photographs or video of yourself, or any other consenting member, please request assistance of the staff.
20. You will be required to pay for any loss or damage caused by you whilst in the Gym.
21. We may provide trial access to the Gym for potential members or others as specifically authorised by the Gym.
22. It is your responsibility to ensure that you correctly operate any of the Gym facilities or equipment. Use equipment for its intended purpose. Follow the instructions provided and ask for assistance if you need it.
23. No food or bags are permitted on the training floor.
24. Only drinks in plastic bottles, containing water or sports drinks purchased from the Gym are permitted on the training floor.
25. Please replace weights and other equipment after use.
26. A towel must be used on all equipment, and while on the training floor. Please wipe down equipment after use.
27. Some group exercise classes may need to be pre-booked, or may have maximum participants.
28. Timetables and instructors may change without notice.
29. If you are more than 5 minutes late for a Group Exercise Class, you may not be able to join in.
30. If an Instructor feels that a class is overcrowded, he or she may limit the number of attendees.
31. Please follow all instructions.
32. Suitable exercise gear must be worn at all times in the Gym. For example, t-shirts/tops (no bare chests) and closed footwear must be worn (unless you are in the change room/showers/locker room).
33. Lockers may or may not be available to store your belongings while using the Gym. However, the Gym shall not be responsible for theft or damage, and provides no guarantees regarding prevention of theft or damage.
34. The Gym reserves the right to open and inspect any locker suspected to contain any items prohibited under these Terms and Conditions.
35. Lockers are available for use only while you are on the Gym’s premises. Any belongings left in lockers after close of business for the day will be removed. The Gym does not assume any liability for loss of any belongings left in lockers after close of business. Any such belonging will be donated to charity if not claimed within 14 days.
36. Only one person is permitted in any shower cubicle at any one time.
37. Only personal trainers authorised by the Gym can provide personal training in our Gym. All persons undertaking the provision of any training must first become members of the Gym, or be specifically authorised by management of the Gym.
38. All persons on the premises must obey all instructions and directions given by the Gym management.
39. The Gym membership and other prices may vary from time to time.
40. We reserve absolute discretion when approving applications for membership of the Gym.
41. Personal information and no liability:
The Gym recognises that you wish your personal information to remain private. The Gym will not wilfully disclose personally identifiable information to any third party. Notwithstanding that, you hereby authorise the Gym to a) make your personal data available to employees of the Gym, who have a need to know such information b) collect, collate and process your personal data c) use your personal data for statistical, research and related purposes, and d) provide third parties with your data, only once it has been depersonalised, so that it is not linked to you, for statistical, research and related purposes.
Whilst the Gym will take all reasonable steps to ensure and maintain the security and privacy of your personal information, you acknowledge that maintaining complete security and privacy of your personal information is not possible, and you agree that you will have no claims against the Gym in the event of a failure of security, or privacy.
Should your relationship with the Gym be terminated, it is your responsibility to advise the Gym to remove your personal information from the database.
If you fail to observe or perform any of the Terms and Conditions of this agreement, then the Gym shall be entitled, if it decides to do so, to suspend immediately your entitlement to membership until such time as the breach has been remedied to the satisfaction of the Gym, or to terminate this agreement immediately. Whichever remedy the Gym may select, it may still claim damages against you, and exercise any rights against you, which it has in law. The Gym has no obligation to notify you in advance of the remedy which it may choose.
43. Cession and Delegation:
You may not cede any of your rights, or delegate any of your obligations under this agreement to any person or entity without the Gym’s consent. The Gym shall be entitled to cede, assign or delegate any of its rights and obligations under this agreement to any person or entity without your consent.
44. You acknowledge that no person or entity has made any representations (written or verbal) to induce you to enter into this agreement; and no verbal agreements have been made with, nor have any understandings been given by, the Gym other than those which may be set out in these Terms and Conditions.
This agreement may be terminated only in accordance with clauses 3 and 40 above.
Upon termination you will no longer be entitled to receive any benefit from the Gym.
46. Photographic Images
Furthermore, by signing and agreeing to these Terms and Conditions you hereby authorise New England Barbell, or any of its other entities, using and photographic images, video or any other recording of you contained or stored by way of any other media, recorded whilst you are taking part in any New England Barbell activities, services or utilising any of their products. We reserve the right to these images or recordings for commercial purposes without payment.
47. Memberships are strictly to be paid in advance.
One (1) month notice is required for cancellation of membership.
An absolute minimum of two (2) weeks is required for any hold period.
For hold periods in excess of two (2) weeks a hold fee of $10/week is payable.
The maximum hold period is (3) calendar months.
In the event that the hold period is for three (3) months or more then the applicable membership rate will be that as applicable at the time of reactivation.
I UNDERSTAND THAT the training involved at New England Barbell (NEB) may involve boxing, weightlifting, gymnastic movements, strenuous body weight exercises and other high exertion activities. I completely understand that I am not obligated to perform nor participate in any activity I do not wish to do. I understand that it is my right to refuse such participation at any time during my training sessions. I understand that if I feel lightheaded, faint, dizzy, nauseated, or experience any pain or discomfort I am immediately to stop training and inform the trainer.
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