In this Agreement unless the contact require otherwise:
terms in the Details have the meaning given set out there;
“Agreement” means this membership agreement and includes the Details and these terms and conditions;
“Carer” means a person who accompanies their client (who is a Member) to assist them with using the Facilities;
“Code” means the Fair Trading (Fitness Industry) Code of Practice 2009;
“Direct Debit Agreement” means the direct debit agreement with DebitSuccess Pty Ltd 095 551 581;
“Facilities” means the gym and fitness facilities of YMCA at 9/70 Maclaurin Cres, Chifley ACT 2606 or Telehealth services and includes the gym equipment, machinery and amenities and services provided at the facility;
“Member” includes a Member’s parents or guardian [if applicable] if the Member is under the age of 18 years and clients accessing Exercise Physiology appointments or programs; and
“Renewal Date” means the day immediately after the last day of the Term;
“Renewal Period” the same period of the Term commencing on the Renewal Date;
“Term” means the term set out in the Details and any Renewal Period; and
“YMCA” means YMCA of Canberra (ABN 89 952 764 183) and includes its directors, officers, employees, voluntary workers, agents and contractors.
Term and payment
The Member agrees that this Agreement is for the Term unless terminated earlier in accordance with this Agreement or the Code.
The Member acknowledges and agrees:
they must pay the Fees for Term; and
the Term automatically renews on the Renewal Date for the Renewal Period unless the Member cancels their membership by providing YMCA 14 days written notice.
The Member acknowledges and agrees:
they must pay YMCA the Fees for Term using the Payment Option;
where Fees are paid by Direct Debit, they must also sign the Direct Debit Agreement;
YMCA may suspend the Member or terminate this Agreement if the Member fails to pay the Fees or part of the Fees;
they are liable to YMCA for all reasonable costs, including legal costs incurred by YMCA should YMCA commence legal proceedings to recover the Fees or part of the Fees; and
the Fees may be periodically reviewed and increased with 30 days’ written notice to the Member.
In consideration for the Fees, YMCA will provide you with access to the Facilities during the Term.
YMCA may immediately terminate this Agreement by providing written notice to the Member where the Member has breached a term of this Agreement.
The Member acknowledges and agrees they must complete a pre-exercise health questionnaire and any additional health or fitness screening required by YMCA from time to time.
If the Term is for a period of 3 months or more, the Member may cancel their Membership and terminate this Members at any time 7 days after this Agreement is signed by the Member and YMCA will refund any Fees paid except for fees for services provided.
The Member agrees and acknowledges:
if the Membership includes personal training or exercise physiology, the following cancellation fees, being a genuine pre-estimate of damage, are payable:
if less than 24 hours’ notice of cancellation is provided to YMCA, the Member is liable to YMCA for the sum of $50.00; and
if less than 3 hours’ notice is provided to YMCA, or the Member does not attend an appointment, the Member is liable to YMCA for the full fee of the appointment;
any cancellation fee charged under this clause is a debt due and payable on demand and YMCA may deduct such an amount using any direct debit authorisation provided; and
cancellation fees cannot be charged to insurance companies and the Member will be responsible for such fees.
Use of Facility
The Member acknowledges and agrees that:
they will seek the assistance and advice from the staff at the Facilities prior to using the equipment if they are unsure of how to use any of the Facilities;
they will not use the Facilities and will immediately inform the staff at the Facilities of the same if they are aware of any defective or broken Facilities; and
they will comply with any advice, instructions or lawful directions from staff at the Facilities concerning health and safety and the use of the Facilities.
The Member acknowledges and agrees that:
YMCA is not a medical organisation and cannot give or purport to give any medical advice in whatever form;
nothing said or done by YMCA should be taken or understood as medical advice nor interpreted as a substitution for any medical advice provided by a qualified practitioner; and
they have disclosed to YMCA any injuries, disabilities, illnesses and ailments, whether past or present, that may affect their ability to use the Facilities or the YMCA’s ability to provide advice in relation to use of the Facilities.
In the event of injury, accident or illness, the Member consents to receiving initial first aid treatment and paying all costs associated with ambulance transportation (if required), and ongoing medical treatment.
Acknowledgement of risk
The Member acknowledges and agrees:
YMCA makes no warranty that the Facilities are suitable for the Member;
use of the Facilities may involve strenuous physical activity and that whilst all care is taken by YMCA use of the Facilities involves inherent risks that may result in all manner of harm, loss, damage, injury and even death;
YMCA is not liable to the Member of its legal representatives for personal injury or death suffered by your due to use of the Facilities; and
to assume all responsibility for any property damage, loss, personal injury or death to the Member resulting from, or arising out of, the Member’s use of the Facilities.
Release and indemnity
To the extent permitted at law, the Member indemnifies, releases and holds harmless YMCA in relation to any loss or damage suffered by the Member arising out of injury, loss, damage or death caused to Member or the Member’s property in any way whatsoever.
The Member agrees to indemnify YMCA against any loss or damage caused by the Member to the Facility, or to the person or property of other users of the Facilities.
Where a Member is accompanied by a Carer, the Members acknowledges and agrees:
the Carer must maintain active supervision of the Member at the Facilities, at all times;
the Carer must take all reasonable steps to protect the safety and wellbeing of the Member at the Facilities, including by carrying out a pre-exercise screening questionnaire and instructing the Member on the setup and use of equipment;
the Carer must deliver health and exercises services to a Member with due care and skill;
the Carer must take reasonable care to ensure the suitability of advice provided to the Member;
the Carer must pay due regard to the information needs of the Member and communicate to them in a way that is clear, fair and not misleading;
the Carer must have attained and hold all requisite licences and accreditation to act as a Carer for the Member at the Facilities; and
YMCA accepts no liability for injury or death of a Member or Carer if the Carer fails to carry out their obligations contained in this clause.
A Carer may use the Facilities for no Fee when accompanying by a client. However, the Carer must vacate the equipment if a Member requires the use of the equipment.
Privacy and social media
YMCA may use any photographic images taken at the Facilities of any Member for social media, marketing, internal and external purposes, or otherwise in YMCA’s discretion as notified to the Member, from time to time.
The Member is required to exercise due care to conform to any Australian Laws relating to privacy, publishing, broadcasting and social media legal considerations as they may arise in the use of the Facilities. This includes the use of mobile phones or other devices to record and broadcast content obtained by the Member when using the Facilities.
YMCA may use third parties to assist in the provision of services to the Member including payment processing and fitness services. These third parties may have access to certain personal information required to perform their function. Third parties cannot use the Members information for any other purpose.
The Member acknowledges YMCA does not hold individual personal accident insurance.
YMCA accepts no responsibility for any act or omission by a third party in connection with this Agreement, where there was fault (including any negligent or other tortious or unlawful act or omission) on the part of the third person whose conduct gave rise to that liability, loss, damage or expense.
Right to make Changes
The Member acknowledges that YMCA may from time to time vary the terms of this Agreement. YMCA will first publish any changes on the website at [insert website location]. The Member will be deemed to have accepted such changes based on their continued use of the Facilities.
In this Agreement, unless the context otherwise requires:
the singular includes the plural and vice versa;
a reference to any legislation or legislative provision includes any statutory modification or re-enactment of, or legislative provision substituted for, and any subordinate legislation issued under, that legislation or legislative provision;
headings are for convenience of reference only and do not affect interpretation;
a reference to any party to this Agreement, or any other document or arrangement, includes that party’s executors, administrators, substitutes, successors and permitted assigns;
where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;
the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions; and
a reference to “dollars” or “$” is to an amount in Australian currency.
Any provision in this Agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable, and is otherwise capable of being severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this Agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
This Agreement is governed by the laws of the Australian Capital Territory and the parties submit to the exclusive jurisdiction of the Courts of that Territory.
This Agreement sets out the whole agreement between the parties on the subject matter.
YMCA Fitness Membership Collection Notice
This Collection Notice relates to personal information collected by YMCA of Canberra (ABN 89 952 764 183) (YMCA), in the following documents associated with your application to become a member of YMCA’s gym and fitness facilities at 9/70 Maclaurin Crescent, Chifley in the Australian Capital Territory (Gym):
Telehealth Informed Consent;
YMCA Canberra Adult Pre-Exercise Screening Questionnaire; and
Direct Debit Agreement with DebitSuccess Pty Ltd (ACN 095 551 581) (Debitsucess).
(together the “Member Documents”).
YMCA collects the information on the Member Documents in order to:
facilitate your access to the Gym;
provide fitness services, classes, and programs to you at the Gym or through Telehealth (Programs);
facilitate your payment for the Gym membership or Exercise Physiology appointments; and
ensure that you are able to use the Gym and participate in the Programs safely.
If you do not provide the information required, or YMCA is unable to obtain the required information, YMCA may not be able to provide you access to the Gym and Programs.
In accordance with the Member Agreement, YMCA may also use photographs taken by YMCA staff at the Gym which may include your image. These photographs may be used by YMCA to promote the Gym and Programs on social media, marketing, internally and externally, or as otherwise notified to you from time to time.
PRIVACY PRACTICES AND DISCLOSURE
YMCA may disclose your personal information where it is reasonable to do so or where we are authorised or required to do so by applicable law. YMCA will usually only disclose your personal information to trusted third parties engaged to assist us with services including data processing, payment processing, and information technology services.
YMCA may indirectly disclosure in the form of cloud storage and transmission may occur by its use of cloud services, the location of which is not reasonably available. YMCA may also disclose your personal information to Debitsuccess, who may disclose personal information to its related corporate entity located in New Zealand.
If you require any further information, please contact YMCA directly via: