1. 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 and suspension payments are nonrefundable. 

2. Fee Increases

Membership fees may increase annually. Kincumber Gym will provide a minimum of 14 days written notice to the address provided by you in your 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. 

3. Suspension

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. Suspension periods cannot be backdated. A maximum membership suspension period of 8 weeks is allowed for a maximum of 52 weeks of membership, 4 weeks for every 26 weeks and so on. Suspension periods are based on calendar year. After exceeding the maximum suspension period, membership fees will revert to that specified within your contract for the duration of minimum term. Weekly suspension fees will apply for direct debit memberships placed on hold. 

4. 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. If no proof is supplied, the contract amount must be paid out until the end of the minimum term.

5. 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. 

6. Termination Before the Minimum Term

If you choose to terminate your membership before the minimum term, the contract amount must be paid out until the end of 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, in written confirming the membership cancellation. Membership payments made after the minimum term are non-refundable. 

7. Transfer of Membership

Transfers of membership are not permitted. 

8. Gym Access

You accept that all members are required to have a fob and that all members must scan their fob each time they enter the gym. If you forget your fob during reception hours you may ring the doorbell and reception staff will scan you in manually. If you forget your fob outside reception hours, you are not permitted to enter the gym. You agree not to allow any other person to use your fob and that fobs are non-transferable. Misuse of fobs is a serious breach of membership and may result in cancellation of your membership. You agree that Kincumber Gym has the right to deactivate your fob if you breach the terms and conditions of this agreement.

9. 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 choose 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 wilful 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. 

vi) You agree to have your photo taken for your member profile. 

10. Kincumber Gym Rules

You must ensure you read, understand and abide by Kincumber Gym rules and etiquette which are notified to you verbally and through signage. 

11. 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 behaviour, 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, terms and conditions. Members may be asked to leave the premises, and possibly have their membership cancelled should any of the above be suspected. 

12. Liability for Property

Kincumber Gym is not liable to you or your guests 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. 

13. Video Notice

You may not take unauthorised photos or videos anywhere within Kincumber Gym. You understand that Kincumber Gym uses monitored video surveillance and fob usage is logged, of which both are retained by Kincumber Gym for future use. 

14. Drug Use

You 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 non-prescription medication or illicit drugs. You understand that if you are found to be involved in such activities your membership will be terminated immediately. 

15. Minimum Age

You acknowledge that all membership holders of Kincumber Gym must be a minimum of 14 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. All minors under the age of 16 must be accompanied by an adult 18 years or over during non-reception hours.

16. Duress Buttons

You understand that if you use the duress buttons for anything other than in an emergency that you will incur a fine and possible immediate cancellation of your membership. 

17. Animals

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

18. Contractors

You understand that contractors may provide services at Kincumber Gym. Fees for such services are paid directly to the contractors. Kincumber Gym takes no responsibility for the fees paid to these contractors. You hereby agree not to hold Kincumber Gym liable, and you agree to indemnify Kincumber Gym against any claims against you as a result of an act of omission by a contractor. 

19. 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. 

20. Variation

Kincumber Gym may alter these rules, terms and condition at any time and will notify you in writing of any alterations. All use of the facilities, services and products after the date specified in the notice will be subject to the altered rules, terms and conditions. If you continue to use our facilities, services or products after the date the alterations become effective, you will be deemed to have agreed to the altered rules, terms and conditions. 

21. Miscellaneous

This agreement between the parties supersedes any prior understandings or agreements of the parties whether written or verbal, express or implied. 

22. 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.