1. Cooling Off Period

After applying for a membership, you have a seven day period (”Cooling Off Period”) during which you may cancel your membership. Notice must be given in writing. A refund equal to the Membership Fee and any additional amounts paid minus a reasonable Administration Fee and the cost of any fitness services already supplied will be applicable.  The cooling-off period does not apply where a contract is renewed.

2. Payment of Fees – Direct Debit

You acknowledge that, if you chose a periodic billing option, Kincumber Gym may elect a third-party Direct Debit Service provider to collect these payments on our behalf.  You acknowledge that you have been provided with a copy of the Direct Debit Service Providers Terms and Conditions, and that your direct debit payments are subject to these Terms and Conditions.  Kincumber Gym reserves the right to change the Direct Debit service provider.   Membership payments are non-refundable.

3. Fee Increases

Membership fees may increase annually, or after the completion of the minimum term.  Kincumber Gym will provide a minimum of 14 days written notice to the address provided by you in the Membership Agreement of any fee increases for memberships paid by Periodic Billing.  Following such notice, you authorise us to increase any direct debits which you authorise upon joining.

4. Suspensions

Membership suspensions are available provided that all amounts payable for your membership are paid up to date.  Suspensions are subject to approval and will be granted for genuine reasons such as illness or holidays. All suspensions must be for a minimum period of 1 week. Suspension requests must be applied for in writing at least one day prior to the commencement of the suspension period.

A maximum membership extension/Hold of 8 weeks is allowed for every 52 weeks within membership, 4 weeks for every 26 weeks and so on.  After exceeding maximum extension/hold period, membership fees will revert to that specified within your contract for the duration of minimum term.

Weekly Suspension fees of $3.30 will apply for direct debit memberships placed on hold.

5. Termination for Medical Reasons

You may terminate the Contract with immediate effect at any time by providing us written notice if you produce supporting documentation to our reasonable satisfaction to demonstrate medical incapacity. In that event, you will be charged Membership fees for the time you have been a member, any additional fees for fitness services already supplied and a cancellation fee.

6. Termination for Relocation

You may terminate the Contract at any time by providing us 30 days written notice if you relocate your residential address or work location more than 22 kilometers away from the facility. You must produce supporting documentation to our reasonable satisfaction to demonstrate relocation. In that event, you will be charged membership fees for the time you were a member and a cancellation Fee.

7. Termination on expiry of the Minimum Term

If you have paid in full for your membership, it will terminate automatically upon expiry of the Minimum Term.

8. Termination after the Minimum Term  

If you have chosen to pay by Periodic Billing you may terminate the

Agreement AFTER the Minimum Term if you provide us with thirty (30) days written notice.

Should you not advise Kincumber Gym in writing that you wish to cancel your membership at the completion of the minimum term, direct debits will continue until you advise us otherwise. If you do not advise Kincumber Gym in writing that your membership is to be cancelled after the minimum term, any payment made after the minimum term is non-refundable.

Membership payments shall continue until notification by the Direct Debit company or a representative of Kincumber Gym, either verbal or written confirming the membership cancellation. Membership payments made after the minimum term is non-refundable.

9. Transfer of Membership

Transfers will be at the discretion of Kincumber Gym.  Approved transfers will release you (the existing member) from the minimum term of the contract, by transferring your membership to another non-member. The other party must agree to make payments for the remainder of the existing contract with Kincumber Gym. There is a small administration cost to Transfer a Membership, in addition to any establishment costs associated with the new member.

10. Responsibilities of the Member

i) You agree to disclose all relevant personal health and fitness information both prior to and during engagement in any exercise program, service or facility that we provide you with as part of your membership. This is inclusive of the initial induction, assessment or recommendation provided by your medical or allied health professional. You further warrant and represent that you will not use Kincumber Gyms facilities, services or products whilst you are suffering from any infections or contagious illness, disease or other ailment or whilst you are suffering from any physical ailment such as open cuts, sores or minor infections where there is a risk, however small, to other gym users.

ii) Where answers to a medical questionnaire indicate that you may be at risk from participating in a particular fitness service, Kincumber Gym may chose not to supply fitness services, unless you seek written advice from a medical practitioner, or an appropriate health care professional to the effect that you are, in the opinion of the practitioner or the health care professional, not at risk from participating in the proposed fitness service.

iii) You understand that the facility can refuse you entry at any time that your membership payments are not up to date.

iv) You understand that you are responsible for any damage which you may cause to Kincumber Gym, its facilities, services, products or equipment, if such damage is caused by your willful act and/or negligence.

v) You must keep us informed of any change to address, phone contact numbers, email address, medical details, bank account and credit card details for payment and any other personal information what is relevant to your membership.

11. Fitness Business Rules

You must ensure you read, I understand and abide by the Etiquette which is notified to you through signage and handouts.

12. Right of Exclusion

We can refuse entry to Kincumber Gym, cancel your membership   and/or terminate the Agreement without warning or notice for inappropriate, threatening, offensive or harassing behavior, damaging equipment or facilities or use of illegal or performance enhancing drugs on the premises.

We may also cancel a membership for breach or perceived breach of Kincumber Gym’s Etiquette, Rules and Terms and Conditions.

Members may be asked to leave the premises, and possibly have their membership cancelled, without refund, should any of the above be suspected.

13. Liability for Property

Kincumber Gym is not liable to you or your guest/s for any personal property that is damaged, lost or stolen while on or around the premises including, but not limited to, a vehicle or its contents or any property left in a locker. If you cause any damage to Kincumber Gym, you are liable to Kincumber Gym for its cost of repair or replacement.

14. Video Notice

I may not take unauthorised photos or videos anywhere within Kincumber Gym. I understand that Kincumber Gym uses monitored video surveillance and access card usage is logged, which both may be retained by Kincumber Gym for future use.

15. Drug Use

I understand that Kincumber Gym maintains a zero-tolerance approach to drug use and seeks to ensure that its working and exercise environments are free from the negative and harmful effects of drug use or the criminal implications of persons soliciting, or dealing in, prescription medication or illicit drugs. I understand that if I am found to be involved in such activities my membership will be terminated immediately.

16. Minimum Age

I acknowledge that generally all membership holders of Kincumber Gym must be a minimum of 16 years of age. All minors under the age of 16 MUST have a parent or guardian co-sign the membership agreement, acknowledgment of indemnity waiver and induction record. Minors aged under 16 MUST comply with the following restrictions:

(1) Access allowed when supervision of staff, parent or guardian is available

(2) the Acknowledgment Release and Assumption of Risk form must be completed by a parent or guardian and the minor

(3) An Assessment has been carried out by a Kincumber Gym qualified Personal Trainer.

17. Access Cards / Fobs

I accept that all members are required to have an Access Card / Key Fob. These are required with all membership types and is an integral part of the membership. I understand that access cards are sold as a purchased item and become my property and agree that there are no refunds provided for Access Cards / Key Fobs when I cancel my membership. In being proved and Access Card / Key Fob, I agree that;

• Access Cards / Key Fobs are not transferable and if I allow my card/keyfob to be used by another person that this is a serious breach of my membership and Kincumber Gym Use Terms & Conditions and will entitle Kincumber Gym to terminate this agreement immediately and without notice.
• If my access card / Key Fob is lost or stolen I must notify Kincumber Gym immediately and Kincumber Gym reserves the right to a fee for a replacement access card / key fob.
• If I do not have my access card with me, this will more than likely mean that I will not be able to access Kincumber Gym during non-staffed hours, nor should I expect any other member to let me into Kincumber Gym as this may be a breach of the Guests provision of the agreement relating to their membership.
• I agree that if I fail to pay my membership fees on the due dates for payment, Kincumber Gym will have the right to terminate this agreement by giving me written notice of its decision to terminate or at its discretion suspending my memberships by deactivating my access card key fob until all overdue membership fees have been paid.

18. Duress Buttons

I understand that if I use the Duress Buttons for anything other than in an emergency that I will incur a $200 fine and possible immediate cancellation of my membership.

19. Guests

I understand that I may bring a guest during staffed hours and only after arranging for a pass with Kincumber Gym staff. I understand that I will be immediately charged a $75.00 per visit per person fee for any unauthorised guest (tailgating) that I allow into Kincumber Gym and I agree to pay this fee. All guests must sign the Guest Waiver before using Kincumber Gym. Kincumber Gym reserves the right to charge a fee to guests who are not local residents or who visit repeatedly without joining. I accept that I am not entitled to allow any non-member to use my membership access card and if I do, the card may be deactivated, and a fee will be charged to re-activate the card. I agree that I will be liable for all damage that I, or my family members or guests cause to the equipment or physical infrastructure of Kincumber Gym. I agree that I may be required to reimburse Kincumber Gym via the payment method used to pay my membership fees.

20. Animals

I understand that no animals are permitted to be brought into Kincumber Gym except for specified support animals such as a Guide or Assistance Dogs.

21. Contractors

Contractors may provide services at Kincumber Gym. Fees for such services are paid directly to the contractors. We take no responsibility for the fees paid to these contractors. You hereby agree not to hold us liable, and you agree to indemnify us and keep us indemnified for any claims suffered by you as a result of an act of omission by a contractor.

22. Use of Kincumber Gym

I agree that my use of Kincumber Gym is subject to the terms of this membership agreement that I sign. I will not allow any non-members to use my access card / key fob. I may bring a guest during staffed hours only and only after arranging for a pass with Kincumber Gym staff. I understand and agree that I will be responsible for any claim, damages and charges made by or caused by an unauthorised guest I allow into Kincumber Gym.

23. Facility and Services

Kincumber Gym reserves the right at any time to delete, discontinue, repair or replace the facility equipment without any effect on this agreement. Kincumber Gym may be closed for up to two weeks each year for maintenance purposes.

24. Variation

We may alter these Terms and Condition or the Rules at any time upon (30) days written notice. All use of the facilities, services and products after the date specified in such notice will be subject to such altered Terms and Conditions or Rules. If you continue to use our facilities, services or products after the date such alterations become effective or otherwise demonstrate by your conduct that you agree to the altered Terms and Conditions or Rules, you will be deemed to have agreed to the altered Terms and Conditions or Rules.

25. Miscellaneous

This whole Agreement between the parties supersedes any prior understandings or agreements of the parties whether written or oral, express or implied. This Agreement may not be amended or modified except in writing and signed by both parties.

26. Severability and Waiver

If any part of this Agreement is or becomes illegal, void or unenforceable, this does not invalidate the rest of this Agreement.