24/7 gym access for all members. Call (08) 6296 3394. Suite 2/42 Main Street, Ellenbrook, Perth 6069.

24/7 POWER FITNESS WEBSITE TERMS AND CONDITIONS

Term’s and Condition’s
By signing your membership, you agree to become a member of 24/7
Power Fitness, in Ellenbrook. When you sign up, you are entering into a
legally binding agreement.
Your membership is made up of the terms and conditions contained in this
document plus any membership type details.
This document sets out your rights to use our exercise facilities and
services, and the obligations you have to comply with as a member. Your
responsibilities under this agreement, including payment of
membership fees, do not depend on how often you use the facilities and
services. You promise to tell us if at any time you believe that you may not
be able to comply with your obligations under this agreement including
the payment of fees, so we can discuss your options with you.
What is set out in this document overrides any statements made by you or
us before you signed the agreement. Accordingly, you should now read
through this entire form carefully to make sure that it fully reflects your
expectations and ask us or seek advice if you are unsure whether any
particular statements that you have relied on are part of this agreement.
If your membership is for a Fixed Term, it automatically terminates at the
expiry of the Minimum Term and so a new agreement will be required if
you require services after that time.
If your membership is Ongoing, it is a periodic agreement that will
continue after the Minimum Term until either you or we terminate it in
the way described in the agreement. If an automatic direct debit
arrangement is in place, membership fees will continue to be debited from
your credit card or account until you or fitness business cancels the
arrangement by notifying your bank or credit provider. If you terminate
the agreement or stop the automatic debit arrangement in a manner not
described in the agreement, then you may be liable for damages for
breach of contract. Direct Debit Warning: Please ensure that you cancel
any direct debit authorisation for payments under this agreement
when your membership ends.
Your membership is subject to a 48-hour cooling off period.
Terms and Conditions
Cooling off
If you change your mind shortly after applying for membership, you may
have an opportunity to cancel. You will need to let us know in writing
within 48 hours for it to be effective. We will charge the joining fee and
fair amounts for fitness services we have already provided but will
otherwise refund you any other amounts you have paid to us within 7
days. If you wish to end your membership otherwise, different terms
apply as set out in these Terms.
Responsibility for members under 18
By signing 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 these Terms.
Safety first!
The health and safety of members is important to us. This clause sets out
some of the things we require of you to help achieve that objective.
Your physical condition
A safe and effective exercise program is dependent upon accurate health
and fitness profiling. It is therefore essential that you tell us in writing all
relevant personal health and fitness information both before (through our
pre-exercise questionnaire or otherwise) and during the course of any
exercise program or other activity.
You promise that information you disclose to us will be true and accurate
and not misleading in any way. You must not attend and use the facilities
and services whilst you are suffering from any illness, disease, injury or
other condition that could present a risk to the health or safety of other
members and guests or yourself.
If you happen to use the facilities and services before disclosing relevant
health information to us, you promise that you are in good physical
condition and you do not know of any reason why you may not be able to
exercise safely. If you feel unsure that you can make this promise, we ask
that you do not use the facilities and services until we have completed
your health and fitness profile.
Proper use of equipment
We will provide you with an instructional consultation with a staff member
before using the facilities and services which you must attend before use.
In any case, you promise to take care when using the facilities and services
and make sure that you use the facilities and services including equipment
appropriately and safely. If you are ever not sure how to operate any
equipment properly, please ask a staff member before you use it.
Rules of good behaviour
We display rules that apply to everyone using the facilities and services in
order to promote health and safety and the protection of property (our
Rules). A copy of our Rules will be handed to you when you apply for
membership and may be displayed on our website and on signage. Please
make sure that you read our Rules carefully and ask us if there is anything
you are not sure about.
We may occasionally update our Rules to further promote health and
safety or to make other improvements. We will seek to tell you of any
changes as set out below, though we expect you to keep familiar with the
current version of our Rules by reading our website and signage on a
regular basis.
If you break our Rules, the response we take will be at our reasonable
choosing and we will try to exercise this right fairly by giving you a warning
if we consider the failure is less serious. In this regard however you
acknowledge that health and safety of all users and protection of property
is very important. Accordingly, if we reasonably consider the failure to
follow our Rules is serious or persistent we may suspend or even cancel
your membership with immediate effect.
We can refuse you entry
We can refuse you entry to the facilities and services or cancel your
membership immediately if you behave in a way that is seriously risky or
inappropriate, such as if you threaten or harass others, deliberately or
recklessly damage equipment or facilities or if you use or distribute illegal
or performance enhancing drugs.
Please follow our directions
You agree to follow any reasonable direction of a member of our staff
relating to health and safety or any other matter.
We take your privacy seriously
Gym Rules
Our gym rules are signed within the gym, as well as on our website, as well
as listed in this document. The gym rules are not limited to one of these
sources.
24 Hour Gym
By entering the premises (24/7 Power Fitness, Ellenbrook), you agree to
follow these T’s and C’s and accept to act responsibly.
You acknowledge that the gym is a 24-hour gym, open at all times. You
promise to act responsibly at all times, and to not bring anyone not
permitted onto the premises, outside of staffed hours.
Our privacy policy
From when you apply for membership we will have access to personal
information about you, such as information relating to your health and
finances. We will protect this information and only use, disclose or deal
with this information in accordance with our Privacy Policy. The latest
version of the Privacy Policy will be available on our website.
Video monitoring
We may use video monitoring in our facilities for health, safety and
security reasons. If you have any queries in relation to the use of monitors
operating in and around our facilities please contact us.
Please keep your contact details up to date
You promise to tell us promptly if you change your address, phone
number, email, bank account, credit card information for payment or if
there is a change to any other personal information relevant to your
membership with us. This includes any matters that affect the health or
safety of you or others.
What you get when you join
From the Start Date you are entitled to the membership benefits and use
of the facilities and services that apply to the Membership Type you
selected.
When can you put your membership on hold?
You may temporarily suspend your membership for travel or medical
reasons if all amounts payable for your membership are paid up to date
and, if your membership is for a Fixed Term, it has more than two weeks
left to run. You will need to produce satisfactory supporting
documentation when you apply for a suspension. You must apply for a
suspension as soon as possible after you become aware of the relevant
circumstances. We are entitled to charge you the suspension fee for
processing your application. In any 12 month period, we are not obliged
to suspend your membership on more than two occasions or for more
than three months in total. While your membership is suspended, the
term will be extended and we will freeze any membership payments that
fall within the suspension period, but charge $2.50 per week suspension
fee.
Ending your membership
For the purposes of any requirements in this agreement to tell us in
writing or give us written notice, we will accept notification by email or
post.
On or after expiry of the Minimum Term
If your membership is for a Fixed Term, you do not need to do anything, as
it will automatically end when the Minimum Term expires. We will seek to
remind you before the end of your membership in these circumstances in
order that we can discuss renewal of your membership.
If your membership is Ongoing, it will continue after the Minimum Term
unless you tell us in writing at any time before the expiry of the Minimum
Term that you do not wish your membership to continue. We will seek to
remind you before this time.
If your membership is Ongoing and you have not told us that you wish
your membership to end at the expiry of the Minimum Term, you can
terminate any time after the end of the Minimum Term by giving us at
least 30 days prior written notice. Any unused membership fees after the
required notice period will be refunded.
Where neither you nor we terminate this agreement, any unpaid fees will
need to be paid by you and in addition to our other rights we may have
including our taking action to recover the outstanding payments.
Other ways that you can end your Membership
You can also cancel your membership where:
(When no cancellation fee will apply)
we don’t keep our end of the deal (please see paragraph 0 below);
you become subject to medical incapacity (please see paragraph 0 below);
we make changes to this agreement that adversely affect you (please see
clause 0);
you otherwise become entitled to do so under consumer legislation;
(When a cancellation fee may apply)
you relocate or simply wish to cancel for any other reason (please see
paragraph 0 below); or
If we don’t keep our end of the deal
You can cancel your membership by written notice to us if we breach any
of our obligations under this agreement and we have not remedied that
breach within a reasonable time after you have given us a written request
that we do so.
No fees will be applicable for cancelling in accordance with this clause
apart from, to the extent not impacted by our breach, the joining fee,
membership fees for the time you have been a member calculated on a
pro-rata basis and any outstanding fees for other services already supplied
to you.
You can cancel for medical reasons
You can end your membership by telling us in writing if you cannot
exercise for the remainder of Minimum Term due to an illness or a
physical incapacity and you produce supporting documentation to our
reasonable satisfaction.
In that event, you will only be charged the joining fee, membership fees
for the time you have been a member calculated on a pro rata basis and
any outstanding fees for other services already supplied to you.
If your membership is no longer convenient
Otherwise, you can end your membership during the Minimum Term with
immediate effect at any time by simply telling us in writing. We
understand that circumstances change and so you do not need to give any
reason.
Please note we will consider any request to transfer your membership and
may agree to the transfer at our reasonable choosing subject to
satisfaction of reasonable eligibility conditions and your payment of the
transfer fee. We will never charge you cancellation fee if we agree a
transfer to someone who is not currently a member and they have paid
our standard joining fee.
In any case if your membership ends under this paragraph 0, you will be
liable for the joining fee, membership fees for the time you were a
member calculated on a pro-rata basis, any outstanding fees for other
services already supplied to you and, except as mentioned above, the
cancellation fee.
I you are a part of an on-going membership, you may cancel giving 4
weeks’ notice in writing.
When can we end your membership?
In addition to our other rights under this agreement, we can terminate
your membership by written notice to you if you fail to act in accordance
with any obligation under this agreement and if capable of remedy you do
not remedy the failure within a reasonable time of us giving you written
notice requiring you do so. However, we will not seek to end your
membership in this way if you have failed to make a payment and we are
also in breach of a material condition of this agreement. If we cancel this
agreement under this paragraph you will be liable for the joining fee,
membership fees for the time you were a member, the cancellation fee
and any other fees payable for further fitness services already supplied.
On rare occasions we may cancel a membership by written notice to the
member without the need to give a reason. If we cancel your membership
under this paragraph you will only be liable for the membership fees for
the time you were a member and any other fees for other fitness services
already provided. No cancellation fee will apply and we will refund your
joining fee together with the sum of $50. You agree that this payment is
your sole entitlement to compensation for cancellation of your
membership under this paragraph.
Fees you have to pay for your membership
The fees you have to pay are specified in the details. This clause 0 sets out
some further rights and obligations that apply in relation to particular fees.
If you fail to make any payment when due, we can suspend your
membership and refuse you access to the facilities and services until all
outstanding amounts have been paid in addition to our other rights under
these Terms. Fees and charges continue to accrue during the suspension.
Joining fee
We may charge you a joining fee to cover the set up costs for a new
membership. The joining fee is not refundable except in limited
circumstances relating to clause 0 and clause 0.
Membership fees
If your membership is for a Fixed Term you can pay your membership fees
up front when you submit the membership form, or you can elect to pay
by equal periodic instalments.
If your membership is Ongoing, membership fees must be paid periodically
in advance until your membership ends.
Cancellation fee
The cancellation fee based on a payout figure equal to the membership
fees that you would have paid for the remainder of the Minimum Term as
at the cancellation date less.
Fee increases
We will not increase the membership fees during the Minimum Term.
However, we may increase your membership fees or any other fees with
effect any time after that. We will make a fair effort to tell you at least 60
days before by writing to you at the last address you gave us (which may
be an email address). Where we have done so, you authorise us to
increase any debits from your nominated account in line with this
increase. We will not use this right to vary the terms of any special offer
which applies to you.
Refunds and the Credit Code
We are entitled to deduct all fees and charges that you must pay under
this agreement from any refund we give you. The National Credit Code
does not apply to this agreement.
When you pay by direct debit
Authorisation to deduct fees
By nominating a credit or debit account, you are authorising us to deduct
from that account all fees and other charges for which you may be
responsible under this agreement. Accordingly, it is essential that you
keep your account details up to date.
If your payment is late or rejected
You are responsible for making sure that there is enough money in your
nominated account on the usual payment day or the next working day if
that falls on a day when banks do not process payments.
Any bank fees charged to us because of a rejection when we attempt to
collect payments from you may be charged directly to you by us (or by the
Direct Debit Provider).
If a payment remains outstanding, you agree that, unless we are in breach
of our obligations under these Terms, we (or the Direct Debit Provider)
may continue to debit the nominated account for the total amount due
without notice to you. If the amount owing is more than one periodic
membership fee we will seek to contact you first.
Direct debits
If you choose to pay fees by direct debit, then this will be through our
chosen Direct Debit Provider. The Direct Debit Provider may be us (if we
are authorised) or a third party provider who is not a party to this
agreement and whose only role is to provide direct debit services.
We will provide you with a copy of the terms and conditions that apply to
the direct debit services. Those terms and conditions are entirely separate
to this agreement and you may have rights and obligations under those
terms and conditions. As such, the Direct Debit Provider acting in its
capacity as such has no liability to you in connection with your
involvement in exercise activities under this agreement.
Issues with outside providers
We will seek to make sure those franchisees, contractors and other
authorised persons who provide services at the facilities (outside
providers) are appropriately qualified before granting them access.
Examples of outside providers include such as coaches, physiotherapists,
masseurs and personal trainers who may offer additional services from the
facilities that are not included with your Membership Type. Please note
that outside providers are neither employed by us nor are they our agents,
even if they happen to be wearing clothes displaying our name and logo.
You will know that they are outside providers because they will require
payment of their fee direct from you when you engage them.
This is important because we are not liable for any injury, loss or other
claims arising from breach of contract, negligence or otherwise that are
suffered by you in connection with any outside provider services, other
than to the extent caused by our negligence. In addition, you release us
and hold us harmless in relation to any such claims.
We have no responsibility in respect of the fees that you must pay directly
to outside providers nor for any associated costs or refunds. However,
please advise us if you have a problem with an outside provider and we
will try to help if we can. Nothing in this clause limits our liability for the
actions of our employees or agents.
Other services
There may be other services offered at the facilities that do not form part
of your Membership Type but are available for you to purchase separately.
These are not part of the services provided under your membership and
you will be advised at the time if any additional terms apply to these
services.
Changes to your membership agreement
We may need to make changes to this agreement including our Rules
during your membership. However, we will always try to do this in a way
that is fair by giving you an opportunity to cancel your membership if you
do not agree to the change as described in this clause below.
We will tell you in writing of the proposed change in advance and tell you
the date that it will come into effect. This effective date will be at least 30
days from the date of our notification unless it is impractical for us to do
so. Your membership will be amended with effect from the effective date.
If however, you are adversely affected by the change, you may cancel your
membership without payment of a cancellation fee by telling us in writing
before that date. Please note you cannot cancel under this clause if we
are required to make the change in order to comply with a law or any
direction of a competent authority.
Our liability to you
Statutory guarantees
ACL: The Australian Consumer Law (ACL) contained in the Competition and
Consumer Act 2010 (Cth) (CCA) provides certain guarantees in sections 60
to 62 (statutory guarantees) which generally require that services supplied
to you:
are rendered with due care and skill,
are reasonably fit for any purpose which you, either expressly or by
implication, make known to the supplier and might reasonably be
expected to achieve any result you have made known to the supplier and
are supplied within a reasonable time (when no time is set).
Permitted exclusion: However, the CCA permits a supplier of recreational
services to ask you to accept some limitations on those statutory
guarantees. Accordingly, to the extent permitted by section 139A of the
CCA, you acknowledge and agree that we exclude all liability to you for
death or injury resulting from a failure by us to comply with any statutory
guarantee.
In the previous sentence, “injury” means:
physical or mental injury (including the aggravation, acceleration or
recurrence of such an injury);
the contraction, aggravation or acceleration of a disease; or
the coming into existence, the aggravation, acceleration or recurrence of
any condition, circumstance, occurrence, activity, form of behaviour,
course of conduct or state of affairs in relation to you that is or may be
harmful or disadvantageous to you or the community, or that may result in
harm or disadvantage to you or the community.
Reckless conduct: This exclusion of liability does not apply if you have
suffered any significant personal injury that is caused by our reckless
conduct (within the meaning given to those terms by the CCA).
State based notices
Please refer to the attached ACL Exclusion Notice which contains
complementary information about the statutory guarantees and the
limitations that we are allowed to place on them. These are without
prejudice to the limitations contained in this clause.
General exclusions
Please note that nothing in this agreement excludes, restricts or modifies
any term, condition, warranty, guarantee, right or remedy (including under
a statutory guarantee) which cannot lawfully be excluded, restricted or
modified.
Otherwise, and except as expressly included in this agreement, all implied
terms, conditions, warranties, rights or other additional obligations that
can be lawfully excluded are excluded from this agreement. In particular,
but subject to the preceding paragraph, we are not liable for:
negligence; or
breach of terms implied that services will be provided with reasonable
care and skill,
at common law that in either case results in your death or injury (as
defined in paragraph (a) above) in connection with or under this
agreement, but to avoid doubt we do not exclude liability for our reckless
conduct.
Loss of property
You promise that you will not unnecessarily bring valuables in to the
facilities and that if lockers are available you will use the lockers to store
any valuable property that you bring with you. If we provide secure
storage lockers, then this is part of our service to you. However, we are
not responsible if someone breaks into your locker and takes your
property, other than to the extent we have not complied with our
obligations in respect of this service under a statutory guarantee.
Other than as described above, maintaining the security of unattended
property in the facility is not part of the service we provide under this
agreement. Accordingly, if you choose not to use a locker to securely
store your property and leave it unattended in the facilities, we will not be
responsible for any loss or damage to your property that occurs.
Your responsibility for damage
You agree to pay for any damage to the facilities caused by you or your
guests through a wilful act or negligence.
General legal guff
Unexpected events
We are not liable if you cannot use your membership due to anything
beyond our reasonable control. If that failure or delay continues for more
than 30 days, then either you or we can cancel this agreement with
immediate effect by telling the other in writing. We are entitled to make
part or all of the facilities unavailable for up to two weeks during each
calendar year to undertake maintenance, repairs or improvements, in
which case we will extend your membership by the time you are unable to
use the facilities.
Our logo and intellectual property
No rights in relation to our logo, trademarks or any other intellectual
property rights associated with our business, techniques, exercise
programs or classes are granted to you under this agreement, except that
any exercise program created for you may be used while you are a
member for the purpose of your exercise activities.
Transferring this agreement
We can transfer the rights or benefit under this agreement or sub-contract
our obligations under this agreement to a third party at any time without
notice to you but in doing so we will make sure that the transferee agrees
to honour the terms of your membership.
Severability and waiver
If a court finds that any part of any term 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 on
future occasions.
Applicable law
The law of Western Australia applies to this agreement.