Terms & Conditions

Terms and Conditions

1. General Conditions
   1. Your membership is governed by these General Conditions of Gym Membership (‘the Conditions’).
   1. Signing the Conditions does not automatically entitle you to membership and your offer is subject to ERIC DIAMANDSTEIN BOXING ACADEMY ABN 31899721764, trading as the Eric Diamandstein Boxing Academy (‘EDBA’) accepting your offer.

• Definitions
  • ‘Operator’ means EDBA or its successors or any person acting on behalf of and with the authority of EDBA.
  • ‘Member’ means any users of EDBA, being anyone holding a valid membership or are those in the process of terminating their memberships or have their memberships terminated already. A Member may be an entity, person or persons. This also includes any persons that could be reasonably considered to be Members.
  • ‘Club’ means the premises of EDBA from which the gym operates, namely SUITE 11, 285A CARLISLE ST BALACLAVA.
  • ‘Services’ means all services supplied by the Operator to the Member under the Conditions.
  • ‘Fee’ means the money payable for the services as agreed between the Operator and Member in accordance with the Conditions.

• Membership
  • The Operator offers a number of Membership Types which define the rights and responsibilities of the Member and which are outlined in the membership sign up form.
  • A membership permits the Member to use the Operator’s premises, facilities, equipment and services as determined by the Membership Type(s).
  • A membership is non-transferable unless approved by the Operator.
  • The Member must inform the Operator in writing of any changes to their details that may be relevant to the membership, including change of address, telephone number and the like.
  • A membership will continue for the duration agreed upon by the membership form, unless extended or terminated pursuant to the Conditions.

• Payments
  • All memberships are subject to fortnightly direct debit payments.
  • The Member’s membership fees will be debited fortnightly from their nominated bank account, as set out in their membership agreement.
  • The Member agrees to pay all Fees as set out in the membership signup form.
  • The Operator reserves the right to increase their membership fees, subject to providing the Member one month’s written notice.
• The Operator’s rights
  • The Operator reserves the right to make changes to the Member’s membership so long as it provides the Member one month’s written notice of any changes proposed.
  • The Operator may make changes to these Terms and Conditions as it deems fit, with any updated version accessible to each Member online at www.ericdiamandstein.com

• Debt Recovery Costs
  • If the Member fails to pay for their membership in accordance with clause 6, the Operator may (at its discretion and without limitation):
    • Charge the Member interest at the rate fixed from time to time under section 2 of the Penalty Interest Rates Act 1983 plus 2 per centum per annum, on any unpaid money (or the balance owing from time to time) calculated from the due date for payment to and including the day on which the unpaid money is paid in full;
    • Cancel any membership the Member; and/or
    • Require cash pre-payment for further months of any membership.
  • The Member will be liable to the Operator for all additional costs and expenses incurred in recovery of any debts owed to the Operator on a full indemnity basis.

• Minimum Age
  • All Members must be a minimum of 5 years of age. All Minors must have a parent or guardian co-sign their membership form.
  • Minors aged under 16 years age must comply with the following restrictions:
    • a pre-exercise questionnaire must be completed by the parent or guardian prior to the commencement of exercise;
    • the Minor may only use cardiovascular equipment, take part in group fitness classes that do not use weights and take part in water-based classes; and
    • the Minor may not do unsupervised resistance training or take part in group classes that use weights (including circuits and boxing type exercises).
  • Minors aged 16 – 17 years of age must comply with the following restrictions:
    • a pre-exercise questionnaire must be co-signed by the parent or guardian prior to the commencement of exercise;
    • a suitably qualified personal trainer is to undertake a pre-exercise assessment and then provide an exercise program for the Minor prior to the commencement of any resistance training.
      
      
• Access by Non-Members
  • The Operator only grants Members access to the Club. No Member is permitted to bring a Non-Member into the Club.
  • If a Member breaches clause 8.1 of the Conditions, the Member acknowledges that:
    • They accept responsibility and liability on their personal behalf for any injury, loss or damage attributed to the non-member where it was not caused by the negligence of the Operator.
    • Upon entering the premises, the Non-Member automatically accepts to become a Member of the Operator and must comply with the Conditions.
    • The Non-Member must pay the Joining and Administration Fees and a basic 1-week membership Fee, and if the Non-Member cannot be charged the debt will be transferred to the Member.
    • Payment of the amount in the clause above will entitle the Non-Member to use the Club for the remainder of the 1-week that is paid for.
  • In order for the Non-Member to take advantage of the new membership, they will need to fill out an EDBA membership signup form.
  • The Operator reserves the right to terminate the membership of a Member who repeatedly brings a Non-Member into the Club or who brings a Non-Member after receiving a warning not to do so again.
• Orientation
  • Every Member must satisfactorily complete the orientation course before they are allowed access in the Club.
  • The orientation focuses on the safe and correct use of the equipment provided at the Club.
  • The Operator may suspend a membership in the event of unsatisfactory completion of the Club orientation prior to the commencement of exercise. If the Member fails to satisfactorily complete the orientation after a notice to do so, they may have their membership terminated after 14 days from receiving the notice.

• Physical Condition
  • It is the Member’s responsibility not to use any equipment that may adversely affect any medical condition.
  • The Member must show to the Operators to the best of their knowledge that the Member does not have any physical, medical or other disability or condition which may be affected or aggravated by, or which may result in any sickness, injury or death to the Member’s as a result of, use of the Club or its facilities.
  • If the Member has any health or medical concerns now or after they join as a member of the Club, the Member must discuss them with a doctor before using the equipment or the Club.
  • The Member acknowledges that the Operator did not give any medical advice before using the equipment, and cannot give any medical advice after using the equipment.
  • If there are any medical conditions (or otherwise) that can adversely affect the Member, then no aggravating activities (such as high endurance exercise) can be performed on the property of the Operator. This includes the outside pavement surrounding any Club building.

1. Video and Audio Surveillance and Interaction
   1. For security purposes, the Operator may from time to time use video and audio surveillance equipment to monitor the Club.
   1. By signing this form the Member acknowledges that by accessing the Club the Member will be subject to video and audio surveillance and recording.
   1. Video and audio surveillance is limited to the entrance and floor area only, and is not within the walls of the bathrooms or assessment rooms.
   1. The Operator may also from time to time record videos and take photographs within the Club for social media and marketing purposes.  This will not occur within the walls of the bathrooms or assessment rooms.
   1. The Member acknowledges that by accessing the Club, they may appear in videos or photographs taken by the Operator for the purposes outlined in sub-clause 12.5 and does not object to appearing in such videos or photographs.

1. Operator’s Liability from Equipment
   1. The Member understands and acknowledges that the Operator purchases or leases equipment from a third party and therefore does not manufacture the fitness and other equipment used in the Club.
   1. The Member understands and acknowledges that the Operator is providing recreational services and may not be held liable for damages caused by defective products or equipment it hires or leases.

1. Property Within the Operator’s Premises
   1. The Operator is not liable for the Member’s personal property that is damaged, lost, or stolen while on or around the Club including, but not limited to, a vehicle or its contents or any property left in a locker.
   1. If a Member causes damage to the Club or any equipment the Member is liable to the Operator for its cost of repair or replacement.
   1. If a Non-Member causes damage to any equipment, the Member that invited them is then liable to pay the cost of repair or replacement.

1. Cooling Off Period
   1. All new memberships are subject to a cooling off period of 14 days.
   1. A request for termination of membership during the cooling off period must be made by the Member in writing and delivered to the Club or sent by post to the Club, unless these Conditions are defined as an unsolicited consumer agreement under the Australian Consumer Law, in which case termination may be written or oral.
   1. For any membership terminated validly during the cooling off period, the Operator shall refund to the Member the total of all Membership Fees paid by the Member.
   1. If this is not an unsolicited consumer agreement under the Australian Consumer Law and the Member has been provided with any services by the Operator with the exception of providing the means to apply for a membership, then the Member will be refunded all Membership Fees less an administrative fee of $75, or 10% of the Fees paid (whichever is lesser).
   1. For the purposes of these Conditions, it is presumed that all membership agreements are unsolicited consumer agreements unless proved otherwise.
   1. The Operator will refund all money to the Member within 21 days of the Operator receiving written notice of termination or such earlier date as required under the Australian Consumer Law s. 69(1).

1. Member Termination of Membership
   1. Should the Member wish to terminate a membership prior to the conclusion of the Membership Period, the Member must provide the Operator with 28 days’ written notice of termination, unless the Member suffers from a permanent sickness or physical incapacity.
   1. If termination is for reason of permanent sickness or physical incapacity and this prevents the Member from using the Club:
      1. the request must be accompanied by a medical certificate evidencing such permanent sickness or physical incapacity; and
      1. if the Operator assesses that the Member is genuinely prevented from using the Club due to such permanent sickness or physical incapacity, it may immediately terminate the membership and refund any unused Membership Fees at the Operator’s discretion.
   1. Upon termination of a membership by the Member’s election, the Member may continue to use the Club for any period that the Member has paid in advance. The Member will cease to have access to the Club once that period expires.

1. Termination or Suspension by the Operator
   1. The Operator may restrict a membership at any time on the following basis:
      1. concern for the health and/or safety of the Member; or
      1. non-compliance, improper or harmful conduct engaged in by the member.
   1. The Operator may terminate a membership at any time on the following basis:
      1. The Operator reasonably suspects that a Member is engaging in illegal activity in the Club including the taking of illegal or performance enhancing drugs;
      1. The Operator reasonably suspects that the Member is engaging in any activity that may cause damage to the club.
   1. The Operator may terminate a membership at any time if a combination or repeated instances or serious breach of the following occurs:
      1. Member fails to make any payments of Membership Fees;
      1. The Member fails to follow any of the Policies or Club Rules, or violate any part of these Conditions; or
      1. The Member’s conduct is improper or harmful to the best interest of EDBA members.
   1. In the event that the Operator terminates a membership in accordance with clause 18.2 or 18.3, termination will be effective on the date that the Operator sends Written Notice. The Member is liable for all Fees until that date.
   1. Upon termination of a membership by the Operator, the Member will cease to have access to the Club, and the Operator has the discretion to deny access to any “EDBA” branded club. Any money owing to the Operator when a membership ends remains immediately due and payable and the Operator may deduct the amount outstanding from any refund which the Member may be eligible. If there is not enough money to cover the amount owing to the Operator, the Member must pay the balance of the amount owing.
   1. Termination or expiration of these Conditions shall be without prejudice to the rights of each party against the other in respect of anything done or omitted under the Conditions prior to such termination or expiration.

1. Risk Warning
   1. The Operator warns that whilst the Member is on the Operator’s premises using its Club and recreational services, the Member is at risk of suffering physical harm or personal injury including broken bones, soft tissue injuries, joint injuries, permanent disability or death. These injuries may occur from the Member:
      1. slipping on wet flooring;
      1. being struck by weights;
      1. colliding with equipment, or other  Members/Non-Members;
      1. engaging in strenuous exercise and activities offered at the Club; or but not limited to
      1. incorrect use of equipment or Club.
   1. The Member acknowledges that any such injury may result not only from their actions but from the action, omission or negligence of others.
   1. The Member acknowledges and agrees that the listed injuries and potential causes of injuries are not exhaustive, and there are other unknown or anticipated risks that may result in injury, illness or death.
   1. The Member acknowledges that whilst every attempt is made to ensure that the recreational services and facilities provided by the Operator is safe, there are some significant and inherent risk involved, and agree that the Member is participating voluntarily at their own risk and responsibility, thereby exposing themselves to certain risks.

1. Statement of Commitment

EDBA is committed to protecting your privacy and any personal information we collect. EDBA complies with the Privacy Act 1988 (Cth).