Terms and Conditions

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1. Terms & Conditions

Welcome to Magnetic Island Gym. To ensure that we are able to provide a safe and comfortable environment for all members and staff, please assist us by complying with the following conditions. We advise you that by payment of membership you accept this Agreement as you understand and agree to abide with these conditions. The information outlined in these terms and conditions can and will be used in the event of a discrepancy.

1. Introduction

By accepting the Agreement you acknowledge and agree:

You have been given a copy of this Agreement and agree to abide by your obligations in it;

You are medically sound to undertake a normal course of exercise, you use the Club facilities at your sole risk and responsibility and you are aware that exercise is physically demanding and participation in some activities offered by Magnetic Island Gym may pose a risk to your health; and

This Agreement also relates to your authority to any Third Party Payment Provider nominated by Magnetic Island Gym from time to time to direct debit your nominated bank account or credit card for any instalments or fees due under the terms of that the nominated Third Party Payment Provider's Direct Debit Request and Service Agreement provided to you. As a member, you can use our Club in line with these terms and conditions, including the Club code.

2. Definitions

Magnetic Island Gym, MI Gym, We, Us, Our: Magnetic Island Gym. ABN number 29 843 183 404, 1/60 Kelly St, Nelly Bay, Qld, 4819

You, Your, Member: You, Your, Member refers to the name in which the membership has been created, which at times may differ to the party paying for the membership, and includes the parent or guardian of the Member if the Member is under 18 years.

Club: Refers to Magnetic Island Gym where your membership entitles you to visit.

Agreement: This is the Agreement between Magnetic Island Gym and you, under which you will become a member of Magnetic Island Gym.

Minimum Term: The term specified in the Agreement form.

Code: Code for operating equipment, opening hours and behaviour in the Club, specified in these terms and conditions, and in Club signs and handouts.

Third Party Payment Provider: "Third Party Payment Provider" means the third party payment provider nominated by MI Gym from time to time, currently being Exidebit Pty Ltd, PO Box 3327, Newstead, Qld, 4006 support@ezidebit.com.au

Website: "Website" means the MI Gym Website at magneticislandgym.com.au or such other website as notified to Members from time to time.

Free Time: "Free Time" means that period of your membership contract in which you are not required to pay membership fees but have your usual Club access rights.

Corporate Partners: A company who holds a partnership agreement with MI Gym and agrees to subsidise a portion of the full membership fees for its employees/members.

Supply Period: The supply period for a periodic or fixed term agreement is the Minimum Term and is a minimum of four weeks.

Periodic Agreement: The membership is for the supply of the prescribed goods and services on an ongoing basis and will continue until terminated by you or MI Gym

Fixed Term Agreement: The membership is for a fixed term only and if further membership periods are required a new agreement will be required.

Upfront Membership: The membership is a Fixed Term Agreement paid for in totality upon commencement of the Agreement.

3. Memberships Available

This section constitutes an Agreement summary for understanding our membership options: We note that this Agreement is subject to a cooling-off period; under which you may end the Agreement at any time within 7 business days after the day on which the Agreement is signed.

Weekly direct debit $24.95 with a minimum 30 days, plus fees as applicable from our 3rd party, Ezidebit, *********************************************************************************

3 Month $299

6 month $569

12 month $1049

Passes for casual visits, 5 and 10 visits are applicable to these terms and conditions.

Transaction fees for card payment may apply.

Understanding our membership options: Membership Commitment

Note. All Agreement fees include goods and services tax (GST). Your fees will change in line with any government GST rate changes, even if you are within your Minimum Term.

4. Queries

All queries and comments about the services provided under this Agreement should be directed to MI Gym via the contact details listed on our website.

Where the member elects to pay by way of direct debit, the member acknowledges that the Third Party Payment Provider has been engaged by the Club to collect the fees due under this Agreement and the member further acknowledges that the member's contractual relationship with the Third Party Payment Provider is separate to this Agreement.

5. Club Access

All members must present their membership fob (or photo ID) upon entry to the Club at every visit. If you attend the Club without your fob or photo ID we may refuse your entry.

You must scan your fob or present at reception and register your attendance for safety, security and insurance purposes.

Your fob is our property and you cannot lend your fob or allow anyone else to use it. We may immediately terminate your membership, with no refund or reimbursement, if you breach this condition.

If you lose your membership fob, a replacement can be purchased from Reception upon providing proof of identification.

Upon joining MI Gym, a photo will be taken of you for safety and security reasons and the photograph will be used and stored in accordance with our Privacy.

All 'guest visitors' to MI Gym are required to present photo identification upon every visit, complete the guest register, and otherwise comply with our general conditions of entry and Club code as contained in these terms and conditions.

No children under 14 are allowed to enter the gym area.

6. General Conditions of Entry & Club Code

To assist us in maintaining a safe and comfortable environment for all members and staff, you are required to abide by the following conditions. Failure to abide by these conditions may result in the suspension or termination of your membership.

ENTRY: Entry will be refused or you may be requested to leave the Club if:

You are using abusive or threatening language or behaving in a threatening way; or

You are under the influence of drugs or alcohol; or you instruct other members when Fitness First has not authorised you to do so; or

You behave in another way that is considered by Fitness First to be risky or seriously inappropriate.

NON-SMOKING: Our Clubs are non-smoking facilities. The smoking of cigarettes or electronic cigarettes (e-cigarettes or vapes) is strictly prohibited.

SUITABLE CLOTHES: All members and guests must wear suitable clothes and enclosed sports shoes in any exercise areas, except for wet areas. We do not allow clothes with offensive images or inappropriate advertising.

TOWELS: You are required to use a clean towel when participating in classes and when exercising on gym equipment (including exercise mats) to maintain our hygiene and safety standards. You may be requested to cease training if you do not use a towel. Subject to availability, you may purchase a towel from reception.

CAMERA USE: You must not use cameras in our Clubs without our permission. Taking photos or videos of other members without their consent is a breach of our terms and conditions.

Cameras used by MI Gym in various areas are for security purposes only.

PARKING: You park in the Club's car park or on the Club premises at your own risk. To the extent permitted by law, we are not liable for any loss or damage to your vehicle or its contents.

PERSONAL TRAINING: Personal training services are available in Club for an additional fee. Please contact your Club for more information or see the personal training noticeboard available in Club and make contact with one of the personal trainers directly. Our personal trainers within MI Gym may be contractors or employees. If they are contractors and not directly employed by MI Gym then all arrangements for personal training services and payments (with the exception of purchase of MI Gym offered PT packages or add-ons) should be made directly with the personal trainer. Please note only authorised MI Gym registered personal trainers are permitted to train members in the Club. Conducting personal training within MI Gym without being an approved personal trainer may result in the cancellation of your membership.

7. Use of Equipment

You are required to return equipment to its original state when you have finished, including:

Return weights and bars to their rack.

Unload plates from machines and bars.

Return equipment to its storage location in group fitness classes.

For the safety of you and others, please follow all equipment operating and safety instructions on the equipment.

If you are not sure of correct use or operation of equipment please seek assistance from a team member.

Where functional training zones are available please seek assistance from a personal trainer if you are unfamiliar with the equipment or its safe and appropriate use.

As a courtesy to other members, please use a clean towel when using equipment and keep phone calls to a minimum.

8. Lockers, Valuables & Lost Property

Locker holes are available and are located next to the toilets, however these are NOT secure areas.

To the extent permitted by law, Club employees or contractors are not responsible for any loss of, or damage to, personal property from the Club or a locker. We also recommend that you keep all valuables with you while using the Club.

Damage to any Mi Gym property will incur a reasonable charge to repair the damage or replace the item.

The Club is unable to look after your personal possessions (keys and wallets for example) whilst you are in the Club.

Bags are not permitted on the gym floor for safety reasons.

As lockers are cleared daily, personal items are not permitted to be stored in lockers overnight. Any items remaining in lockers or items that have been handed into Reception will be held for two weeks before being disposed of.

9. Membership Fee Increase

If you have joined on a 3, 6, or 12 membership term then, after your minimum term has expired, your membership fees may increase automatically by 3% from the next direct debit date and annually thereafter.

If you have joined on a periodic agreement, we will notify you of membership increases at least two weeks prior to any such increase either by a newsletter, poster displayed in the Club or written notification using the most up to date physical or email address you have given us.

10. Membership Entitlements

Membership at the Club entitles you to:

Work out as many times as you wish in a given period, subject to any restrictions in your membership type relating to Club access outside of staffed hours.

Participate in normally scheduled group fitness classes. However, please note additional fees may apply for specific group fitness programs or challenges. Please refer to MI Gym's website for more information in relation to these additional offerings.

Use exercise equipment located on the gym floor and cardiovascular training areas.

MI Gym reserves the right to make changes to exercise equipment supplied in the Club at any time or the group fitness timetable at any time (i.e. alter class type, times and instructors).

11. Corporate Partnerships

You may be eligible to join on a membership that is discounted as a result of an agreement with a Corporate Partner. If MI Gym agreement with that Corporate Partner and/or your employment/membership with the Corporate Partner ceases, we may, at our discretion, revert your membership to the agreed full standard rate for the remainder of your minimum term. If this occurs as a result of MI Gym's agreement with that Corporate Partner ceasing then we will provide you with notice as soon as practical by mail or email (at our choice) using the most up to date physical or email address you have given us.

12. Children

Minors between the ages of 14 to 17 years may be eligible for a membership subject to the following age policy and the following general terms and conditions:

The minor must comply with all safety requirements of the Club as communicated to the member from time to time;

The minor's membership may be cancelled for any inappropriate behaviour, misuse of equipment or failure to comply with safety requirements;

The minor must comply with the applicable sections of the age policy;

All minors must leave the Club immediately once staffed hours have ended; and

All minors can only access the Club during staffed hours, subject to the qualifications and exclusions listed in the age policy.

AGE POLICY

14 years plus. No entry for children under 14 into gym area.

Membership is permitted with the consent and signature of the minor's parent/legal guardian.

Access is only permitted during staffed hours and minors must be directly accompanied by a parent, legal guardian or suitably qualified personal trainer or other accepted exercise professional.

Members in this age group are not eligible to redeem Trial or Guest Passes or similar promotions.

Permitted usage for this age group is as follows (must be directly accompanied by parent, legal guardian or exercise professional):

Non weight based group fitness

Cardio equipment

Other equipment prescribed by a medical or exercise professional

Programs developed for minors including Arena Academy, Kids Fitness, Swimming, Dance (subject to age and supervision policy of each specific program)

15, 16 and 17 years

Membership is permitted with the consent and signature of the minor's parent or legal guardian. Minor can access the Club independently during staffed hours only (without parent or legal guardian). Access is not permitted in unstaffed hours, even if accompanied by a parent or legal guardian.

Members in this age group are eligible to redeem trial guest passes or guest visits, only if parent or legal guardian attends the Club on first visit and signs as guarantor on waiver.

Permitted usage is as follows (able to undertake independently):

All group fitness classes

All challenges

Weight based equipment

Cardio equipment

Programs (subject to the age policy of each specific program)

18 years and older

Standard adult membership terms and conditions apply. All classes and equipment are available subject to any medical advice.

13. Legal Responsibility

MEETING YOUR RESPONSIBILITIES

Your responsibilities, including payment of membership fees, do not depend on how often you use a Club.

You must tell us about anything that affects your membership, and any changes to your contact information and bank details.

You must inform us in advance and in writing if there are any risks to your health if you participate in fitness services and if required seek approval from your Doctor or General Practitioner.

PROMISING TO TAKE CARE

You promise to:

Make sure that you know how to exercise safely, by asking if necessary;

Use your best endeavours to exercise safely; and

Not take valuables into the Club, even if you plan to put them in a locker.

DAMAGE & PERSONAL INJURY

To the extent permitted by law, MI Gym excludes any liability to the member in Agreement, tort, statute or in any other way for any injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by the member and/or any other person, or for any costs, charges or expenses incurred by the member, arising from or in connection with this Agreement and/or the services/products provided by MI Gym and/or any act or omission of MI Gym.

OUTSIDE PROVIDERS

Contractors provide some services in our Club, such as personal training, physiotherapy and massage (Outside Providers). You will need to pay service fees directly to the Outside Providers and we are not responsible for those fees or for any associated costs or refunds.

Claiming against Outside Providers

Any service provided by an Outside Provider is a contract between the Outside Provider and you and we to the extent permissible by law, we do not accept any responsibility for a breach of contract or negligence.

If you make a claim because of something an Outside Provider has or has not done, your claim should be brought against the Outside Provider, not us, whether you have paid them or not. To the extent permissible by law you release us from any claim resulting from an act or omission by an Outside Provider.

Asking for our help

Wherever we can, we will help you to resolve issues with Outside Providers. We will also make sure that personal trainers in our Clubs have up-to-date qualifications and insurance. We only allow personal trainers from the Club franchise to work in our Clubs.

14. Special Conditions for Certain Membership Types

If there are special conditions or benefits relating to your membership type, these will be either attached to your Agreement and/or displayed on the website and form part of your Agreement.

If your membership entitles you to a Discounted Price as indicated in the Fees section of your membership agreement, the Discounted Price will be the price that you will be charged for the duration of payments as indicated by the Discounted Price section. After the specified Discounted Price duration has lapsed, your Fees will revert to the price that is indicated within the Fees section for the remainder of the Minimum Term (if applicable), or ongoing for the remainder the membership, which is subject to change in accordance with the terms of the agreement.

15. Renewing Upfront Membership

This term applies only to Upfront Memberships. When your Upfront Membership is due to end you can renew your Upfront Membership at the current membership rate as advertised by MI Gym at the time of your membership renewal. By renewing your Upfront Membership, you agree to the membership terms that apply at that time.

If you wish to cancel your Upfront Membership for any reason indicated in Section 18 we will refund you 100% of the value of the unexpired term remaining on your Upfront Membership less any applicable cancellation fees as soon as practicable (and within 7 days of termination where legally required).

16. Overdue Fees & Revocation of Membership Entitlements

If there are repeated failures to meet your payment obligations (other than through the fault of MI Gym or its payment provider), without prejudicing MI Gym's rights to recover any overdue payments, your membership may be suspended or terminated by written notice to you. All entitlements and entry into any club may be revoked if your account is in arrears and you fail to resolve the debt after being provided reasonable notice.

If your automatic direct debit reverses or is returned to us by your financial institution the following process will apply:

The Club will attempt to contact you about retrying the debit.

If the debit remains outstanding it will be processed within 14 days of the reversal with any late fees that apply.

If you fail to pay us the fees by the due date, we are entitled to refuse you entry to the Club.

If unpaid fees remain outstanding and after attempts by us to rectify the arrears, your membership may be forwarded to a collection agency for further action.

17. Debt Collection

If paying by Direct Debit, upon default by you in regard to any obligation under this Agreement and failure to remedy the default after notification by MI Gym: you authorise MI Gym to notify any third-party debt collector of the default.

18. Cancellation / Termination

A cancellation request should be provided to the Club as follows:

COOLING OFF PERIOD

Your membership is subject to a seven (7) business days cooling off period.

The cooling off period applies to new memberships only and does not apply to membership transfers or renewals.

The cooling off period starts from the date the Agreement is entered into (the date the Agreement is signed) and ends at close of seven (7) business days later.

Your membership can be cancelled during the cooling off period by contacting the Club contact details as listed on the website.

All monies paid will be refunded with the exception of a reasonable administration fee which shall be payable by you if your fob or any other merchandise you received on joining are not returned within seven (7) days of termination of your Agreement.

PERMANENT SICKNESS OR PHYSICAL INCAPACITY

You may terminate your Agreement before the expiry of the Minimum Term if you are sick or incapacitated and time freeze is not a suitable option for your circumstances. You must show us a current certificate from a qualified medical practitioner stating that you cannot utilise any fitness services or facilities foreseeably because of your permanent illness of physical incapacity.

BANKRUPTCY

You may terminate your Agreement before the expiry of the Minimum Term (payment amount) if you are bankrupt and a time freeze is not a suitable option with regard to your financial circumstances. To terminate your Agreement for this reason, you must provide Fitness First with evidence of a Notification of Bankruptcy from the Australian Financial Security Authority (AFSA), confirming your bankruptcy.

CANCELLATIONS AFTER COMPLETION OF MINIMUM TERM:

There will be a period of notice of 30 days, unless otherwise specified, from the date of cancellation request to the date of termination, during which any payments that fall due must be paid in full.

The notice period will exclude freeze or payment break time applied to your membership.

Any instalments/fees due at the date of termination (including instalments/fees which fall due during the notice period) will remain a debt owed to and recoverable by MI Gym.

You shall not consider that your Agreement has been terminated until such time as this is confirmed in writing to you by MI Gym (not more than 14 days after the termination date).

PERIODIC MEMBERSHIP AGREEMENTS:

If your contract is designated as a 'periodic membership' on the front page, you acknowledge that unless you provide notice of termination of your membership prior to the end of the minimum period, your membership fees will continue to be deducted until you give us 30 days notice of your intent to end your membership.

If your contract is designated as a 'fixed term membership' you acknowledge that it will terminate at the end of the term displayed on the contract unless you renew prior to that date.

You may terminate your Agreement before the expiry of the Minimum Term (or payment amount) if all instalments and fees due up to the date of termination are paid and the relevant cancellation fee is paid in full at time of cancellation request. The cancellation fees for all membership options, except direct debit weekly, are as follows:

The cancellation fees for any periodic membership options are as follows:

If there is 12 months up to 9 months of membership fee equivalent remaining on the Minimum Term of the Agreement= $395.

If there are less than 9 months but more than 6 months of membership fee equivalent remaining on the Minimum Term of the Agreement= $345.

and, if there are less than 6 months of membership fee equivalent remaining on the Minimum Term of the Agreement= $295 OR the amount of the future membership fees payable whichever is the lesser).

You can cancel your membership by:

Speaking to the team at reception or calling your Club.

Confirming your request. When you do this, please always

: give us your email address so we can confirm your request in writing; and keep a copy of your request.

You may be liable for further damages for breach of contract if you terminate the Agreement in a manner not described in the Agreement.

TERMINATION BY THE CLUB:

The club reserves the right to terminate this Agreement in any of the following circumstances:

You fail to abide by any of the criteria listed in the conditions of entry (posted in your club) after being notified of any failure;

You fail to abide by the obligations listed in this Agreement and the breach/non-compliance is incapable of remedy or you fail to remedy the breach/ non-compliance within 14 days of being notified by MI Gym or you continue to breach this Agreement;

If we reasonably believe that you have engaged in conduct that infringes on the health, safety or wellbeing of any other members or staff;

The temporary or permanent closure of the Club where a suitable replacement club is not available for the membership to transfer; or

To protect the health and safety of you or other members.

In the event of a termination under this provision and where appropriate, MI Gym will refund to you a proportion of fees paid under any Upfront Membership representing the unused portion of the Agreement less any applicable cancellation fees.

Please cancel any direct debit authorisation for payments under this agreement for: Periodic Agreement: upon termination of the agreement; or Fixed Term Agreement: either at the end of the fixed term or on earlier termination.

TERMINATION BY THE MEMBER

Members are permitted to terminate this Agreement, without incurring a cancellation fee, in the following circumstances:

Where these terms and conditions are varied in accordance with clause 25 or a club code is changed and you are adversely affected by the change. For the avoidance of doubt however, changes to club timetables, facilities, equipment and hours of operation do not permit you to terminate this Agreement under this clause.

If we breach our obligations to you and we do not fix the breach in a reasonable time after you have told us about it in writing. We will refund you any membership fees you pay between the date of notification and the date on which we decide that we cannot fix the breach.

Where there is a permanent closure of the Club where a suitable replacement club is not available for you to transfer.

19. Membership Freeze

You can freeze your membership for a minimum period of 2 weeks, up to a maximum of 4 weeks each calendar year at a cost of $5.00 per week (unless a different fee is specified on the front of this Contract).

You must first contact the Third Party Payment Provider at least 3 days prior to the start date of the freeze.

If your membership type provides for a free membership freeze, no fee shall apply for the period of the membership freeze.

After the period of free membership freeze (if any) in your membership type, any additional freeze shall be charged at a cost of $5.00 per week (unless a different fee is specified on the front of this Contract).

Before freezing your membership, you must make sure your fees are up to date and there are no arrears outstanding on your account.

Please note that if you are within your minimum term, any time freezes are not classified as a full payment toward your contract and so your Minimum Period will be extended by the length of any freeze.

Note that we cannot backdate any time freeze requests. You must request a freeze three days prior to the start date of the freeze.

TIME FREEZE FOR CLUB CLOSURES

If we are required by the state or federal government to temporarily close our clubs in your local State (Closure Period), we will freeze your membership for that Closure Period. If this occurs:

You are entitled to request cancellation of your membership during the Closure Period (applicable cancellation fees will apply) but processing of the cancellation may be delayed until after the Closure Period has ended.

Please refer to section 18 regarding the terms that apply to cancellation of your membership.

In addition, if the Club is closed for a period of more than one week (e.g. due to refurbishment) and there is no suitable alternate club available for you to use then you may request that your membership be frozen until the Club re-opens (Closure Period).

Any membership freeze which occurs as a result of a Closure Period does not:

Count as part of a member's Minimum Term/ Supply Period; and

Cause a reduction in the member's entitlement to a free membership freeze (if any).

Unless the law requires otherwise, membership freezes which occur as a result of a Closure Period are not classified as a full payment toward your contract, and will incur a fee of $5 per week which will afford you ongoing access to the digital workout tools offered by MI Gym by app or portal.

20. Transfer

You can transfer your membership to another person (transferee) within the Minimum Term of your Agreement so long as the transferee:

Is not a current member;

Has not been a member in the last 3 months;

Completes the new membership sign-up process;

Is eligible to take up your membership (for instance, you cannot transfer a corporate or concession membership to someone who would not qualify for that membership); and

Has not previously been banned from MI Gym or failed to pay membership fees.

The transfer is effective only after the transferee has completed the sign-up process. Transferees of a membership are subject to the same membership terms and conditions as the transferor. We do not allow transfers once you have completed your minimum term.

21. 24.7 Terms of Entry & CCTV

24.7 ACCESS PASS

All members are required to complete the Club's safety induction before they can access the Club outside of staffed hours.

For member's safety, you cannot ask another member to provide you with access to the Club in unstaffed hours.

You must not admit guests or in any way facilitate unauthorised access to the Club. If you breach this obligation, you will be notified by the Club and a tailgate fee of $100 will be payable to the Club. Subsequent breaches of this obligation will incur additional tailgate fees, and risk revocation of access and membership cancellation.

If you deliberately use the emergency system inappropriately, you agree to pay any costs, loss or damage incurred because of the inappropriate use.

CHILDREN AND MINORS

Members that are 17 years old and under are not eligible for unstaffed hours access as they are only allowed access during staffed hours. For further information, please refer to our Age Policy in section 12.

GENERAL INFORMATION

You will read and follow all safety instructions displayed on equipment and throughout the Club.

Do not bring valuables into the Club. Any belongings that you choose to bring into the Club should be kept on you at all times or secured in the lockers provided.

The Club will take no responsibility for lost or stolen items.

The Club is monitored by Closed Circuit Television (CCTV) at all times.

22. CCTV

You acknowledge and understand that CCTV will be installed in appropriate areas within each club and surrounds as a strategic component for team member, member and contractor safety and crime and misconduct prevention.

By entering our club, you consent to being filmed under CCTV for these purposes and understand that we will only use and store your image in accordance with our Privacy Policy.

23. Quarterly Coaching Session

Depending on your choice of membership, you may be eligible to receive one quarterly coaching session with a MI Gym professional nominated by MI Gym

The quarterly coaching session shall be conducted in one x 30 - 45 minute appointment and is subject to the availability of the fitness professional.

Per the Special Conditions of your membership, an additional quarterly fee may apply.

If a quarterly fee is payable, it will be charged by direct debit once per quarter (if on a direct debit payment schedule), or it will be included in your total upfront payment if you have a paid-in-full membership;

To the extent permitted by law, it is non refundable. The full inclusion details and terms are as set out in the Special Conditions on the Fitness First website.

24. Account Service Fee:

The Account Service Fee is charged to MI Gym accounts on a quarterly basis and includes but is not limited to maintenance of the following services:

Account billing services

Access management

Membership Transfer

Membership Portal services

25. Additional Safety Measures

Your safety and the safety of other members and our staff is of utmost importance to us and we may, from time to time, introduce reasonable health and safety measures (including for example temperature checks prior to accessing our facilities in response to COVID-19) to ensure your safety and safety of other members and our staff. If we make any reasonable health and safety measures a condition of entry and you refuse to comply with these measures, you may not be permitted to enter the Club at our discretion unless a medical exemption applies (and we are provided with appropriate supporting documents).

26. Staying Up To Date With Your Terms

We may sometimes change our terms and conditions. This includes changing a club's opening hours, its services and facilities and membership fees. Sometimes, we may also close clubs for refurbishment. We do not reduce your membership fees because your club is closed for renovations or repairs or for a public holiday. The most up-to-date terms and conditions always apply. You can find copies at your club or on our website www.magneticislandgym.com.au

If we reasonably consider that any change to the terms and conditions is likely to benefit you or be of no, or immaterial, detriment to you, we can make the change immediately and do not need to notify you.

For all other changes, we give you at least 30 days notice of any changes, for instance by:

Publishing them in our newsletter or on our website; or

Placing a notice in the Club; or

Calling you or writing to the address (post or email) you last gave us.

If we suspend a club's operations or services, temporarily or permanently, we may send you a written notice offering you a transfer to another club.

27. Group Exercise Bookings

At selected clubs we offer exclusive classes that require booking due to limited availability. Bookings can be made via MI Gym website up to seven days in advance. Bookings are limited to three active bookings at any time. You can cancel your booking online up to 2 hours prior. If you book but do not attend the class, you will be notified by email and charged up to $10 for a no show fee. Entry after the class has started maybe refused by the Instructor.

28. Having Your Contract Transferred

We can assign or transfer the benefit of your contract to a person, firm or company at any time, provided we are reasonably satisfied that the person, firm or company is capable of performing its obligations under this contract. We will give you 30 days' prior notice in writing.

We can also sub-contract our obligations to someone else without notice to you. But if we do, we are still responsible for ensuring those obligations are met.

29. Privacy Policy

Your "personal information" (as that term is defined in the Privacy Act 1988 (Cth)) will only be used by the MI Gym in accordance with the provision of their Privacy Statements.

The MI Gym Privacy Statement can be obtained from its website.

MARKETING PERMISSIONS

We sometimes film or photograph the Club so it is possible you will appear in the background. By signing your Agreement, you allow us to use your image in promotional and other business-related material.

MI Gym will use the contact details you have provided above to contact you about your membership. MI Gym, related companies and companies we engage to perform services on our behalf, may also contact you from time to time both during and after your membership with information about fitness and wellness, promotions, special offers and other materials about MI Gym and related companies' service and products. MI Gym will not provide your personal information or contact details to unrelated third parties. Depending on your preferences, you may be contacted in the following ways: mobile, email and/or SMS. You can change your mind at any time about receiving marketing materials by contacting us via email.

30. Entire Agreement

This Agreement, its Annexures and any Special Terms & Conditions listed on the website constitute the entire agreement, understanding and arrangement (express and implied) between the Member and MI Gym relating to the subject matter of this Agreement and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.

2. Key Updated Terms and Conditions Summary

Harmonisation of process for membership fee increases (Clause 9): The process for price increases for memberships which have a minimum term of 3, 6, 12 has been harmonised. Membership fees for all of these membership types will increase by 3% on the next direct debit date after the minimum term has expired, and annually after that.

Revocation of membership for overdue fees (Clause 16): All entitlements and entry into any club may be revoked if your account is in arrears (i.e. not paid up) and you fail to resolve the debt after being provided reasonable notice.

Grounds for termination by the Club (Clause 18): The circumstances in which the Club can terminate your membership agreements have been updated. Broadly, the Club can terminate your agreement if you fail to comply with this agreement, the Conditions of Entry or if you have engaged in conduct that infringes on the health, safety or wellbeing of any other members or staff.

Cost for Membership Freezes (Clause 19): Membership freezes will have a cost of $5.00 per week (unless a different fee is specified in a membership contract, or if a free period is provided in your membership). The rules around how to request and apply for Membership Freezes have also been updated.

New Tailgate Fee (Clause 21): A tailgate fee of $100 will be payable to the club for allowing unauthorised access to the club.

The following changes are to be effective from 3 July 2023.

Group Fitness Class No-Show Fee (Clause 27): A new no-show fee of up to $10.00 has been introduced for members who book a group fitness class, but do not show up to that class. Bookings may be cancelled at least 2 hours prior to the commencement of the class. If a member fails to cancel and does not show up to the booked class, they will receive an email notification advising them that a $10.00 fee has been charged to their account.

Memberships through Corporate Partners (Clause 11): The circumstances in which a member who holds a discounted membership through a Corporate Partner have been updated. In the event that the Agreement between MI Gym and the Corporate Partner expires or terminates, MI Gym may, in their reasonable discretion, revert a membership to the full standard rate for the remainder of the minimum term for that membership.

The following changes are to be effective from 6th November 2023.

Third Party Payment Provider: MI Gym's Third Party Payment Provider Ezidebit has their own terms and conditions. Their terms and conditions are separate to MI Gym membership agreement and will no longer appear on MI Gym's website. A link to their terms and conditions is provided within MI Gym's T&Cs and is also available https://debitsuccess.com.au/direct-debit-request/*********************************************************************************************************nce.