Catalyst 24/7 Fitness Terms & Conditions
These are the Terms & Conditions we, Catalyst 24/7 Fitness ACN: 602 387 995, are willing to provide the Membership agreement to you. Please ensure you read these carefully, once understood, sign your acceptance of these as they form the basis of our membership agreement.
Parties to this agreement:
"Facility" or "Club" means Catalyst 24/7 Fitness. "Member" means the person that has agreed to this contract.
1. Membership Type
1.0. Fortnightly membership option is based on a recurring direct debit from a nominated bank account or credit card with a minimum commitment of 6 month direct debit period, unless terminated by Catalyst 24/7 Fitness.
1.1 Individual Membership subscribers will be billed each fortnight in addition to an administration fee of $1.95 for each direct debit transaction unless an alternative amount is agreed to.
1.2 Annual membership will be $880.00 unless an alternative amount is agreed to.
1.3 Any person under the age of 18 will require a parent or guardians consent to become a member of Catalyst 24/7 Fitness and will be liable for your obligations in this agreement. All members under the age of 18 will have access to the gym on our under 18 membership only.
2. Club Orientation
2.1 It is a condition of this Agreement that you participate in an initial member orientation program. The orientation focuses on the safe at the Club. The use of Squat racks and bench press machines are to be used during staffed hours only.
3. General Rules & Behaviour
3.1 Members are required to be courteous to other Members and staff at all times. Rude or abusive behaviour will not be tolerated. Members must comply with all staff instructions regarding exercise and safety. There is no smoking, food or alcohol consumption, gum chewing or drug taking permitted within the boundaries of the Facility. Out of respect for fellow Members, equipment seats must be wiped down after completing each station and any equipment used by you must be put back also no towel no training!!
3.1 Comfortable sports clothing is recommended whilst exercising. Fully enclosed sneaker-type shoes and a sweat towel are compulsory. Jeans, work wear or thongs are not permitted to be worn whilst exercising at the Club.
4. Promotions
4.1 Members agree to allow Catalyst 24/7 Fitness to contact you regarding ongoing membership information and promotions.
5. Club Access
5.1 Membership subscribers are entitled to use the facilities within their club of membership commencement 24 hours a day 7 days a week unless otherwise agreed.
5.2 Members will be issued a membership toggle that enables access to the club for a fee of $50.00. Each visit, members must register by swiping their membership toggle at the main entrance door prior to entering the club. If at any stage your access toggle is lost or damaged, please contact the Club immediately to cancel and re-assign another at the charge of $25.00.
5.3 Memberships can only be used by the card owner. Any member permitting unauthorised access to non-members into the club will incur a fine of $150.00, this will be automatically debited on the next direct debit date and the member will incur automatic suspension of access. Reactivation of membership access will be at the discretion of the Club manager.
5.4 Any casual visits, Trials, or guest pass must only be used during staffed hours and MUST be processed by reception before they enter the Club.
5.5 Membership to Catalyst 24/7 Fitness is for individuals only and its benefits cannot be shared with other individuals or groups. A Member must be 15 years or older, in good health and have the approval of their doctor to exercise unsupervised. Members must freely warrant to Catalyst 24/7 Fitness that they do not have any physical/medical condition that may affect their ability to exercise safely and without aggravating injury. Catalyst 24/7 Fitness reserves the right to grant, refuse or revoke membership rights at its absolute discretion
6. Membership Start Date
6.1 Memberships will be activated on the date of request providing the following forms have been completed in full and submitted: New Membership Application Form, PaySmart Debit Payment Authority Form; Pre Activity Health Questionnaire and the Terms and Conditions of the Club.
7. Suspending Memberships
7.1 Memberships may be suspended for a minimum of 2 debit cycles and for a maximum period of 8 weeks every 12 months. A written request must be made at least 3 full working days prior to the next direct debit date.
7.2 Each suspension request will incur a one off processing fee of $5.50.
8. Membership Terminations
8.1 This is an ongoing membership agreement. The agreement will continue until either you or the Gym Manager terminates the agreement. If an automatic arrangement is in place, membership fees will continue to be debited from your credit card or account until you or Catalyst 24/7 Fitness cancels the arrangement by filling out a cancellation form. If you terminate the agreement or stop the automatic arrangement in a manner not described in the agreement, then you may be liable to Catalyst 24/7 Fitness for damages or breach of contract.
8.2 Termination of this Membership Agreement by you must be in writing and can only occur with the following:
8.3 You may terminate your membership within 48 hours of the joining date should you feel the Club doesn't meet your expectations or your circumstances have changed, this forms your cooling-off period. During this time, you are entitled to a full refund minus any visitations/ club usage you made in the cooling-off period. Each of these sessions will be charged at the advertised non-member casual rate of $15.00.
8.4 After the cooling off period you may terminate your membership provided you have fulfilled a minimum of a 6 month direct debit period. This request to terminate must be in writing and at least 12 days prior to the next debit date.
8.5 Termination of membership agreement by us may occur immediately if you breach any of the Terms and Conditions governing the agreement.
8.6 Any terminated member who wishes to re-join Catalyst 24/7 Fitness will need to pay all joining fees.
9. Fees & Collections
9.1. To provide convenience and financial security, Catalyst 24/7 Fitness operates a "cash less' environment with all transactions processed through our direct debit collections agent Pay Smart. PaySmart will only debit fees by authority of Catalyst 24/7 Fitness. By accepting these terms and conditions you allow Catalyst 24/7 Fitness to provide PaySmart your listed account details via a secure and restricted gateway.
9.2 Your first direct debit will also include any proportional days between your start date and the next scheduled direct debit date.
9.3 Members will have 7 days to organise the payment of any dishonoured debit transaction. Failure to do so will result in suspension of access that may lead to cancellation of the membership.
9.4 Members that fall into arrears will have their key card access cancelled and will be refused entry until such time that all arrears including the administration fee has been paid.
10. Personal Trainers
10.1 The Personal trainers are a blend of Catalyst 24/7 Fitness staff and Personal Trainers who operate their own business. The self-operating PT's must comply with all of our policies, procedures and service standards. Personal Trainers receive professional development and training from Catalyst 24/7 Fitness. Personal Trainers not hired or authorised by Catalyst 24/7Fitness may not train clients within the Catalyst 24/7 Premises.
11. Membership Transfers
11.1 Your membership subscription may not be transferred to any other person. Your membership is an agreement personal to you.
12. Completion Of The Pre-Exercise Questionnaire
12.1 No person will be provided with a fitness service irrespective if they are a casual visitor or they enter a membership agreement unless they complete a pre-exercise questionnaire, provided by Catalyst 24/7 Fitness that refers to the customer’s potential risk of participating in a fitness or exercise service.
12.2 Where answers to the questionnaire indicate that a consumer may be at risk from participating in a particular fitness service, Catalyst 24/7 Fitness will not supply any unsupervised fitness service to the consumer unless the consumer states and provides proof that they have received advise from a medical practitioner or any appropriate health or fitness professional to the effect that the consumer is, in the opinion of the practitioner or the health fitness professional, not at risk of participating in the proposed fitness service.
12.3 Where Catalyst 24/7 Fitness receives evidence that the consumer may be at risk from participating in an exercise activity, no fitness or exercise service will be provided until an appropriate qualified person has provided advice to the consumer in relation to an appropriate fitness program.
13. The Safety To You And Others
13.1 Catalyst 24/7 Fitness is a 24 hour, 7 day a week accessible facility. The Club only has direct supervision from a Fitness employee during the advertised times under the title "Staffed hours".
13.2 For the safety of any persons and property inside the Club, 24 hour CCTV surveillance is recorded live.
13.3 In the event of an emergency please follow the emergency instructions posted within the Club.
13.4 At no time is a member to enter the Club under the influence of alcohol, illicit drugs and/ or medications that states strenuous activity to be avoided on its warning label.
13.5 At all times members must respect the property of Catalyst 24/7 Fitness and of others and will be liable for any damage caused.
14. Unsupervised Facility
14.1 Members realise and understand that they will be using an unsupervised Facility, and are aware of the inherent risks that come with that situation and agree to accept these risks in using the Facility.
15. Security Surveillance And Patrols
15.1 Members recognise and accept that they will be video recorded whilst in the Facility for their own safety. The video footage can be used as evidence if rules or breaches have occurred. Spot security patrols will occur requiring the supply of membership key cards upon request. While in the Facility you must have your membership key card with you at all times.
16. Personal Privacy
16.1 Catalyst 24/7 Fitness is committed to respecting and upholding the individual's rights to privacy protection under the National Privacy Principles contained in the Privacy Act 1988
16.2 All personal information collected is in the strictest confidence that it shall be securely safe guarded by Catalyst 24/7 Fitness for restricted use as set out in these Terms and Conditions.
16.3 Catalyst 24/7 Fitness will not disclose to any person any personal information acquired by him or her from a member unless authorised, in writing, by the member.
16.4 All members give Catalyst 24/7 Fitness permission to take their photo which is stored on their membership file.
17. Membership Fee Increase
17.1 We reserve the right at any time after the minimum term of one fortnight to increase the membership fees on any rolling debit Membership agreement. If we decide to increase Membership Fees we will provide at least two weeks prior notice of the increase by post or email to the addresses provided by you in the Membership application. Following such notice, you authorise us to increase any direct debits to your credit card or bank account which you have authorised upon joining.
18. Risk Management
18.1 To mitigate risk and ensure that you correctly operate or use any of the facilities, services, products or equipment, including the adjustments of levels or settings on any equipment, you are required to undertake an instructional consultation with a member of our staff before use.
19. Responsibility For Damage
19.1 You are solely responsible for any damage which you may cause to Catalyst 24/7 Fitness, its facilities, services, products or equipment, if such damage is caused by your wilful act and/ or negligence.
20. Damages/ Personal Injury
20.1 Whilst training in Catalyst 24/7 Fitness you may suffer injuries including broken bones, soft tissue injuries and joint injuries. Any injuries suffered by you may occur as a result of weights striking you, collision with equipment or other members or as a result of you slipping on wet flooring.
21. Acknowledgements
21.1 You acknowledge that you will use your best endeavours to exercise safely and that you will not take valuables into Catalyst 24/7 Fitness. We will comply with the statutory conditions by ensuring that the services supplied to you are rendered with due care and skill; and as fit for the purpose for which that are commonly bought as it is reasonable to expect in the circumstances; and reasonably fit for any particular purpose or might reasonably be expected to achieve any result you have made know to us. The exclusion of liability below applies to death and personal injury but does not operate to excuse any breach by us of the statutory conditions that result in loss or damage to your personal property.
22. Limitation Of Liability, Release And Indemnity
22.1To the extent permitted by law, Catalyst 24/7 Fitness shall not be liable or responsible to a Member for any direct, indirect or consequential injury, loss or damage to the Member or the property of the Member whatever and however arising.
22.2 Members recognise that they exercise at Catalyst 24/7 Fitness entirely at their own risk and to the maximum extent permitted by the law will not hold Catalyst 24/7 Fitness or any of its management or trainers liable for any loss, damage or injury caused.
* I assume full responsibility for any injuries or damages which may occur to me;
* I assume full responsibility for any loss of or damage to my personal property;
* I agree to use the equipment in the Facility without any supervision or instruction at my own risk.
This waiver shall include any and all claims, demands, damages, causes of action, present or future, whether known or unknown, resulting from my use of the Facility or its equipment.
23. Amendments
23.1 Management reserves the right to amend terms & conditions, hours of operation and services available in accordance with the changing requirements of the Club.
23.2 Catalyst 24/7 Fitness may make /amend rules for the Club at any time. All members must comply with any rules that are put in place for the Club. Any updated rules changes will be displayed on our website.
Please take the time to read the Terms and Conditions carefully to ensure you understand all relevant details. We have seven (7) days after the formation of the Contract to rectify any error or miscalculation provided in the Membership Application.