The Membership Agreement consists of the Questionnaire, these Terms and Conditions, any Council policy and terms and conditions apply to use of public spaces or parks, any dietary or food plan, any weight or training program (“the Services”) provided by Dimi Poulos Strength & Fitness (known as “we”, “our”, or “us”) to you (the person signing this agreement and known as “you” or “the Customer”), any waiver you agree to and any other agreement which we agree forms part of your membership. By signing this membership agreement, you will waive certain legal rights.
1. Provision of Services
(a) From the date you sign this Agreement, we agree to provide you with the Services as agreed between you and us for the agreed price.
(b) You agree that the Services are advisory only and we cannot guarantee specific physical or mental outcomes.
(c) We are not medically trained and not qualified to assess if you are in good physical condition and can exercise without risking your health, safety or comfort. If you have any doubts, we strongly urge you to seek expert advice before starting an exercise program.
(d) We agree to provide you with the Services on the basis that the Questionnaire is completed accurately and correctly.
2. Personal Training
(a) Personal training sessions that are not rescheduled or cancelled 24 hours in advance, will result in that session being cancelled. You are still required to pay for the full session cancelled with less than 24 hours’ notice.
(b) If you arrive late to a personal training session, we will provide you Services in the remaining scheduled session time, at the full cost of the session. Unless agreed, no extra time can be allocated to compensate for the time you missed.
(c) Refunds for missed training sessions will not be issued for any reason, including but not limited to relocation, illness and unused sessions.
3. Facilities and Equipment
(a) You are responsible for using our facilities and equipment correctly, including adjusting levels or settings. If you are not sure how to operate any equipment, please must ask our staff before you use it.
(b) You are responsible for using our facilities and equipment with due skill and care. If you and/or your guests fail to use our facilities and equipment with due care and skill and cause damage, you will be liable for any resulting damages.
(c) As a courtesy to other members, you agree to:
i. use a clean towel when you use equipment, including exercise mats;
ii. keep to the set time limits;
iii. respect other people’s personal space and act in a courteous manner;
iv. keep phone calls to an absolute minimum; and
v. Put equipment away after use.
(d) You warrant that you will wear suitable clothes and enclosed footwear at all times.
(e) You must obey all signs and (written and verbal) instructions in our facilities and as indicated on the equipment.
(a) You are at least 18 years of age.
(b) If you are aged 17 years or under:
i. You must have a parent or guardian sign the membership agreement, questionnaire and any waiver provided by us, on your behalf.
ii. Under our supervision and guidance,
a. Use cardiovascular equipment;
b. Take part in personal fitness training and use weights; and
c. Follow any dietary and eating program set.
d. With the written permission of a qualified personal trainer who has assessed that your Questionnaire and current fitness level, you may partake in unsupervised resistance training.
i. You cannot do unsupervised resistance training or take part in programs that use weights (including circuits and boxing type exercises) unless supervised by a qualified personal trainer.
5. Price and Payment
(a) Where payment is via direct debit through the third-party provider of our choice, you agree to pay the instalment amount at the agreed payment frequency for the term of the Agreement. You may alter the payment frequency with the third-party direct debit provider by requesting a change directly to the third-party direct debit provider. Any changes made shall not affect the total amount of money you would otherwise be required to pay. Should there be any payments arrears, you authorise the third party direct debit provider to debit the outstanding balance in order to bring the account up to date.
(b) You authorise the third-party direct debit provider to add any fees owing with regard to administration fees or late payment fees. You acknowledge that the third-party direct debit provider is entitled to store your personal information, which can be amended in accordance with the Privacy Act 1988 (Cth).
(c) In accordance with this Agreement, you acknowledge that you have read, understood and agree to the terms and conditions of the third-party direct debit provider.
(d) At our sole discretion, we will charge you for our services:
i. As indicated on invoices provided to you in respect of the Services;
ii. As per a written quote; or
iii. As otherwise agreed or in accordance with this Agreement.
(e) The payment term will be seven (7) days from the date of the invoice or as otherwise agreed.
(f) Payments will be made by Cash, Cheque, Bank Cheque, Direct Credit (EFT) , Credit Car (plus surcharge of up to three percent (3%) of the invoiced amount, or four and one half percent (4.5%) of the invoices amount if payment is made by American Express card, or any other method as agreed to between the Customer and us, in writing.
(g) We reserve the right to change the price of the Services.
(h) If you do not pay within the payment term, you agree that we may:
i. Charge interest until the date of payment at rate of ten (10%) per annum.
ii. Charge an administration fee of the greater of ten (10%) of the amount overdue or $200.00;
iii. Refuse to provide you with further Services;
iv. Terminate this Agreement.
6. Health Questionnaire and Warranty
(a) You warrant that:
ii. You know of no medical or other reason why you are unable or should not partake in active or passive exercise.
iii. You have filled out the Questionnaire correctly and accurately.
iv. You will inform us without delay of any change in your health circumstances.
v. You will inform us without delay if you become aware that any answers to the Questionnaire are inaccurate or require changing.
vi. You should have a physical examination before starting a new exercise regime/program.
(b) If we deem you to have a moderate or high medical/injury risk, we reserve the right to stop providing you with the Services.
(c) At our sole discretion, we may refuse to provide you with Services until we are satisfied that you do not have a moderate or high medical/injury risk which may include:
i. A doctor agreeing in writing that you are fit to exercise; and
ii. You provide written evidence that you have received competent medical advice on an appropriate exercise program.
(d) If you have been diagnosed or suspect you have an infection or other contagious disease, you must inform us without delay and we reserve the right to refuse you the Services.
7. Release of Liability, Waiver of Claims and Indemnity
(a) You understand and agree that the Services we provide have an inherent risk of injury/death caused by the activities we facilitate and the equipment we provide including:
i. Light-headedness, fainting, abnormal blood pressure, chest discomfort, muscle cramps, muscle soreness, pain in the body, discomfort, fatigue, nausea, health failure etc; and
ii. All manner of injury resulting from slipping or falling, jumping, skipping, running, walking, lifting, climbing and impacting against the floor, walls, equipment (including dumbbells, bars, medicine balls etc) or other people around you.
(b) If you experience any pain, dizziness, headache, chest discomfort, anything described in clause 7(a) or feel unwell generally, you must stop exercising immediately and inform us at your earliest opportunity.
(c) You agree to indemnify us against all actions, claims, proceedings, demands, liability, losses (including death), damages, expenses and costs (including legal costs on a full indemnity basis) that may be brought against us, sustain or incur as a direct or indirect result of any one or more of the following:
i. Your participation in any session, activity or service we may provide;
ii. property damage or personal injury to any third party resulting from your participation in any session, activity or service we may provide;
iii. costs we may incur for medical costs, emergency transportation, and litigation resulting from your participation in any session, activity or service we may provide; and
iv. breach or non-performance of this Agreement.
8. The Competition and Consumer Act 2010 (“CCA”) and Fair Trading Act (“FTA”)
(a) Under the CCA, we guarantee that our Services are:
i. Provided with due care and skill;
ii. Supplied within a reasonable time;
iii. Fit for purpose based on your accurate answers to the Questionnaire; and
iv. Accurately described based on your answers to the Questionnaire.
(b) Nothing in this Agreement is intended to have the effect of contracting out of any applicable provisions of the CCA or the FTA.
(a) You or we may terminate this Agreement for any reason upon 14 days notice.
(b) We may terminate the Agreement with immediate effect if any of the following occur:
i. You breach your obligations/warranties under this Agreement;
ii. You fail to make payments within the payment term;
iii. You make public comments which have the actual or likely effect of disparaging us, our trainers/contractors and/or business;
iv. You behave in an inappropriate or dangerous manner including but not limited to:
(C) Failing to follow our directions;
(D) threatening or harassing others;
(E) damaging equipment;
(F) exhibiting inappropriate behaviour in a public or private place while training with your personal trainer;
(G) using illegal or performance-enhancing drugs;
(H) Exhibiting language or behavior that discriminates based on race, gender, sex, disability, social origin or any other subject; and
(I) Exhibiting behavior that we find objectionable on moral grounds.
(c) Upon termination of this Agreement:
(C) All payments to us that are outstanding are due and payable.
(D) All licences and other rights granted to you under this Agreement will immediately cease.
(E) You will return to us all exercise programs, dietary plans and diagrams, training manuals and instruction manuals and other intellectual property.
(d) Clauses 5, 7 and 10 survive termination.
(e) Where payment is made through the third party direct debit provider, you agree that this Agreement will not be considered terminated until such time as termination is confirmed in writing to you from the third-party direct debit provider and/or us to the last address whether by email and/or post. Termination of this Agreement will also terminate the instructions to accept direct debits.
10. Intellectual Property and Privacy
(a) In order for us to be able to provide you with adequate Services, you understand that we will have access to personal information about you. We are committed to protecting your privacy and any personal information we collect so we can comply with the Privacy Act 1988 (Cth).
(b) We may have access to your personal information which may include your name, contact details, date of birth, emergency contact details, bank account and/or credit card details, student identification details, payment history, medical history and sensitive information.
(c) We will use your personal information for the following primary purposes:
i. To provide Services and fulfil obligations under this Agreement;
ii. To provide information about products, service and/or special offers to you;
iii. To obtain opinions or comments about products and/or services;
iv. To record statistical data for marketing analysis.
(d) We may also use the information for marketing to you or for any other purpose permitted under the Privacy Act 1988 (Cth).
(e) Personal information is collected directly from you when you personally complete and submit the Questionnaire and sign this Agreement or when you express an interest in obtaining the Services from us. This can be done in person, online, email or over the phone.
(f) We may employ other companies or service providers to assist us in providing our Services, including (but not limited to) marketing, market research, mail-house services, hosting and product development services, analysis of member lists and/ or consulting services. These third parties may have access to personal information that is needed to perform their specific function. They cannot use that information for other purposes.
(g) We may disclose personal information as required by law or is necessary to protect our rights or property or any member of the public, or to lessen a serious threat to a person’s health or safety.
(h) Our Services are carefully designed to assist you in achieving your fitness goals. You understand and agree that our Intellectual Property is vital our business and that:
i. We have sole intellectual property and copyright ownership of the Services including exercise programs, dietary plans and diagrams, training manuals and instruction manuals.
ii. Our provision of Services and this Agreement does not constitute a licence or assignment of our copyright and intellectual property rights.
iii. We may videotape, audiotape, or photograph you for instructional, marketing and/or other legal purposes without payment of any kind to you and without further notice to you or permission from you. We may use this material for marketing purposes including posting on social media and fitness forums.
iv. You will not derive any direct or indirect financial benefit from the Services we provide.
v. Unless you obtain express consent from us, you will not videotape, audiotape or in any way record our Services.
(a) Unless otherwise stated, all payments include goods and services tax (GST).
(b) We may assign this Agreement or any rights hereunder without your consent.
(c) This agreement is effective and binding on your heirs, next of kin, executors, administrators, assigns and representatives.
(d) This Agreement does not and shall not be construed to create a partnership, joint venture or any other relationship between the parties hereto except the relationship of supplier of Services as defined under this Agreement.
(e) If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.
(f) Our failure to insist upon or enforce strict performance of any provision of this Agreement will not be construed as a waiver of any provision or right. No waiver of any of these provisions will be deemed a further or continuing waiver of such term or condition or any other term or condition.
(g) Unless otherwise stated, the service we may provide is provided in compliance with New South Wales law. For any action at law or in equity relating to the provision of these membership terms and conditions, you agree to resolve any dispute you have with us exclusively in a court in New South Wales and to submit to the personal jurisdiction of these courts for the purpose of litigating all such disputes.