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Terms and Conditions

 

MAGNETIC ISLAND GYM – TERMS & CONDITIONS

Effective: 1 October 2026

Magnetic Island Gym
ABN: 29 843 183 404
1/60 Kelly Street, Nelly Bay QLD 4819
Phone: 0403 063 377
Email: magneticislandgym@gmail.com
Website: magneticislandgym.com.au

1. INTRODUCTION

Welcome to Magnetic Island Gym ("MI Gym", "the Gym", "we", "us", "our").

These Terms & Conditions form part of the agreement between Magnetic Island Gym and you ("member", "you", "your") for the use of memberships, passes, services, classes, equipment and facilities.

By joining or using Magnetic Island Gym, you acknowledge that you have read, understood and agree to comply with these Terms & Conditions and applicable Gym Rules.

These Terms & Conditions should be read together with any membership agreement, waiver, direct debit authority, Parent/Guardian Consent and Waiver, special conditions and policies applicable to your membership.

Nothing in these Terms & Conditions excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law, Queensland legislation or any other applicable law that cannot legally be excluded, restricted or modified.

2. DEFINITIONS

Club or Gym means Magnetic Island Gym.

Agreement means these Terms & Conditions together with any applicable membership agreement, waiver, direct debit authority, Parent/Guardian Consent and Waiver, special conditions and Gym policies.

Member means the person named on the membership agreement.

Parent/Guardian means the legal parent or guardian responsible for a member under 18 years of age.

Minimum Term means the minimum membership period applicable to the membership selected at sign-up.

Staffed Hours means the hours during which MI Gym staff are ordinarily present.

Unstaffed Hours means approved member-access hours outside Staffed Hours.

Student Member means a member aged 12–16 years who qualifies for a student membership.

3. MEMBERSHIP ELIGIBILITY & HEALTH

Members are responsible for ensuring they are medically and physically capable of participating in exercise and using Gym facilities.

Physical exercise carries inherent risks, including injury, illness, disability and, in rare circumstances, death.

Members should obtain appropriate medical advice before commencing or continuing exercise if they:

  • have a medical condition;
  • have an injury;
  • are pregnant;
  • are taking medication that may affect exercise;
  • have been advised to restrict physical activity; or
  • otherwise have reason to believe exercise may pose a risk to their health.

Members should notify MI Gym of any condition relevant to their safe participation.

MI Gym staff are not medical practitioners and information provided by staff should not be treated as medical advice.

Members under 18 years of age must have written parent or guardian consent and any required waiver completed before membership activation.

4. MEMBERSHIP TYPES

MI Gym may offer membership options including:

  • Weekly Direct Debit Membership;
  • Over 60s Weekly Direct Debit Membership;
  • 1-Month Membership;
  • 1-Month Over 60s Membership;
  • Student Membership;
  • 3-Month Membership;
  • 3-Month Over 60s Membership;
  • 6-Month Membership;
  • 12-Month Membership;
  • Couples Membership;
  • Family Membership;
  • FIFO or individually arranged memberships;
  • Casual Visits;
  • Multi-Visit Passes;
  • Promotional Memberships; and
  • other membership categories introduced by MI Gym from time to time.

The membership selected at sign-up determines the applicable price, payment frequency, minimum term and inclusions.

Memberships are personal and must not be shared or used by another person.

All prices include GST where applicable unless otherwise stated.

5. COOLING-OFF PERIOD

New membership agreements are subject to the cooling-off period required under Queensland law.

The cooling-off period ends 48 hours after it begins.

For a membership entered into while MI Gym is operating, the cooling-off period generally begins when the membership agreement is entered into.

Cancellation during the cooling-off period must be provided in writing.

Where a membership is cancelled during the cooling-off period, MI Gym will refund amounts paid as required by law.

MI Gym may deduct the value of fitness services already supplied but not paid for and a reasonable administration fee where permitted by law and properly disclosed.

Any administration fee charged will not exceed the amount permitted by applicable Queensland law.

Cooling-off rights apply as required by law.

6. WEEKLY DIRECT DEBIT MEMBERSHIPS

Weekly direct debit memberships have a minimum initial membership period of 3 months, unless a different minimum term is expressly stated in the member's agreement.

Membership fees remain payable throughout the minimum term unless the membership is validly suspended, cancelled or otherwise varied in accordance with these Terms & Conditions or applicable law.

After completion of the minimum term, the membership continues on an ongoing basis until cancelled.

After the minimum term, members may cancel by providing at least 14 days' written notice.

Membership fees falling due during the notice period remain payable.

7. PAYMENTS & DIRECT DEBIT

Direct debit memberships are processed through Ezidebit Pty Ltd or another payment provider nominated by MI Gym.

The member's agreement with the payment provider may contain additional payment-processing conditions.

Members authorise MI Gym and its nominated payment provider to collect fees payable under the membership agreement from the nominated payment method.

Members are responsible for ensuring their payment details remain current and sufficient funds are available.

If a payment fails:

  • Gym access may be suspended;
  • an MI Gym dishonour fee of $10 may apply;
  • any separate fee charged by the member's bank or payment provider may also apply;
  • outstanding amounts remain payable; and
  • reasonable recovery or collection costs may be charged where permitted by law.

MI Gym or its payment provider may reattempt collection of an outstanding payment in accordance with the applicable payment authority.

Suspension of access because of non-payment does not automatically cancel the membership or remove the member's obligation to pay amounts properly due.

8. CARD, EFTPOS & CASH PAYMENTS

From 1 October 2026, MI Gym's advertised membership prices incorporate ordinary card/EFTPOS payment costs where required by law.

Where the applicable payment cost has already been incorporated into the advertised price, MI Gym will not add a further card surcharge for that payment.

MI Gym may offer a 5% discount on eligible membership purchases over $100 when paid in cash.

Any applicable cash discount and eligibility requirements will be communicated before payment.

9. MEMBERSHIP FEE CHANGES

MI Gym may change membership fees from time to time.

Reasonable advance notice will be provided before a change affecting an existing ongoing membership takes effect.

Notice may be provided by email, SMS, GymMaster notification, website notice, Club signage or another reasonable communication method.

A fee will not be retrospectively increased for a membership period that has already been paid in full.

Any fee change will be implemented in accordance with the membership agreement and applicable law.

10. MEMBER ACCESS

Member access is generally available:

4:30am to 10:00pm, 7 days per week.

There is no general 8:30pm last-entry restriction.

Members must nevertheless leave the Gym by the applicable closing time.

Members must scan their authorised access fob or GymMaster access method upon every entry.

Access credentials are personal and must not be shared.

Access hours may temporarily change because of emergencies, maintenance, safety requirements, utility failures, severe weather, events or circumstances outside MI Gym's reasonable control.

11. ACCESS FOBS & CREDENTIALS

Access fobs and other access credentials are provided only to authorised members.

Access fobs remain the property of MI Gym unless otherwise stated.

Members must not:

  • share an access fob;
  • lend an access fob;
  • copy or duplicate an access credential;
  • allow another person to use their GymMaster access;
  • transfer access credentials; or
  • use their access to admit an unauthorised person.

Lost or damaged fobs must be reported promptly.

A reasonable replacement fee may apply for lost or damaged access fobs.

12. STAFFED HOURS

Current Staffed Hours are generally:

Monday–Thursday
8:00am–12:00pm
4:30pm–6:30pm

Friday
8:00am–12:00pm

Saturday
9:00am–1:00pm

Sunday
Closed

Staffed Hours may change from time to time.

Members and visitors should check current hours displayed at the Gym or on the MI Gym website before attending where staffed access is required.

13. STUDENT MEMBERS & MINORS

Student memberships are available to eligible members aged 12–16 years.

A valid current student identification card may be required when joining and upon reasonable request.

A Parent/Guardian Consent and Waiver must be completed before membership activation.

Ages 12–14

Members aged 12–14 years:

  • must be accompanied by a parent, guardian or adult member at all times; and
  • must remain under active adult supervision for the duration of their visit.

Ages 15–16

Members aged 15–16 years may train independently during Staffed Hours.

Outside Staffed Hours they:

  • must be accompanied by a parent, guardian or adult member;
  • must have the supervising adult remain within the facility; and
  • must remain under appropriate adult supervision.

MI Gym reserves the right to refuse or suspend access where supervision requirements are not met.

14. CHILDREN WHO ARE NOT MEMBERS

Children who are not authorised members must not use Gym equipment.

Children must not be left unsupervised in training areas.

MI Gym may refuse entry or require a child to leave a training area where their presence creates a safety risk, interferes with other members or is otherwise inappropriate for the Gym environment.

15. CASUAL VISITS & MULTI-VISIT PASSES

Current standard casual/pass products include:

Casual Visit: $19.95
3-Day/Visit Pass: $50
5-Day/Visit Pass: $90
10-Day/Visit Pass: $140

Unless otherwise stated at purchase, multi-visit passes are valid for one month from the date of purchase.

Passes are personal and must not be shared or transferred.

Unused visits expire when the pass expires and are not redeemable for cash except where required by law.

Casual visitors and pass holders must comply with these Terms & Conditions and all applicable Gym Rules.

Casual visitors and pass holders without authorised extended-hours access may only enter during applicable staffed access periods.

16. VISITORS & GUESTS

Membership does not include free guest access unless expressly stated.

All visitors, guests and non-members entering for the purpose of using the Gym must purchase or hold an appropriate casual visit, pass, membership or other authorised entry product before using the facilities.

Members must not use their access credentials to admit another person who has not obtained authorised entry.

Unauthorised persons may be required to leave immediately.

17. TAILGATING & UNAUTHORISED ACCESS

Tailgating is strictly prohibited.

Members must not:

  • permit another person to enter using their membership;
  • share access credentials;
  • hold or open a secure access door to bypass the entry system;
  • allow another person to tailgate through an entry point; or
  • admit an unauthorised guest during unstaffed hours.

Unauthorised access may result in:

  • suspension of access privileges;
  • termination of membership;
  • charging the applicable casual-entry fee where appropriate and lawful; and
  • recovery of reasonable losses, costs or damages caused by the unauthorised access where permitted by law.

A member who deliberately grants unauthorised access may also be held responsible, to the extent permitted by law, for loss or damage resulting from that person's unauthorised presence.

18. MEMBERSHIP FREEZE / SUSPENSION

Members may request to suspend or freeze their membership subject to the following conditions:

  • minimum suspension period: 2 weeks;
  • up to 4 weeks of free suspension per calendar year;
  • the free allowance may be taken as two 2-week periods or one period of up to 4 weeks;
  • suspension requests must be submitted at least 3 days before the requested commencement date; and
  • suspension requests cannot be backdated.

After the member has used their free suspension allowance, additional approved suspension periods will incur a fee of:

$5 per week.

Suspension periods may extend the member's minimum term or membership expiry date by the corresponding suspension period.

Suspension requests are subject to approval except where suspension rights are required by law.

19. CANCELLATION & TERMINATION BY MEMBER

Cancellation requests must be made in writing.

Written cancellation may be submitted by email to:

magneticislandgym@gmail.com

or delivered directly to Magnetic Island Gym.

A verbal request to staff does not constitute written cancellation.

After completing the applicable minimum term, an ongoing membership may be cancelled with at least 14 days' written notice.

Membership fees remain payable during the notice period.

Where a member seeks to terminate during a minimum term, any applicable termination fee or other amount will be limited to an amount properly disclosed in the membership agreement and permitted by law.

Nothing in this section restricts any cancellation right available under Queensland legislation or the Australian Consumer Law.

20. PERMANENT SICKNESS OR PHYSICAL INCAPACITY

A member may terminate their membership where permanent sickness or physical incapacity prevents them from using the fitness services in circumstances provided for under Queensland law.

The member may be required to provide:

  • written notice requesting termination; and
  • a medical certificate confirming the relevant permanent sickness or physical incapacity.

Any refund, deduction or administration fee will be calculated in accordance with applicable law.

Any refund required by law will be processed within the required timeframe.

21. MEMBERSHIP TRANSFERS

Membership transfers are subject to MI Gym approval and may not be available for every membership type.

Where an approved membership transfer is permitted, a transfer fee of:

$99 including GST

applies.

The transferred membership remains subject to the applicable membership conditions, minimum term and these Terms & Conditions unless MI Gym agrees otherwise in writing.

22. BOXFIT & HIIT CLASSES

BoxFit is included in eligible memberships.

Current BoxFit schedule:

  • Monday – 7:00am
  • Wednesday – 7:00am
  • Friday – 7:00am

Current HIIT schedule:

  • Monday – 6:30pm
  • Wednesday – 6:00pm

HIIT attracts the applicable class fee.

Members may receive discounted member pricing where offered.

Bookings may be required.

Failure to attend a booked HIIT class without cancelling before commencement may result in a no-show fee of up to $10, provided the applicable fee has been disclosed.

Class timetables, instructors, availability and prices may change from time to time.

23. PERSONAL TRAINING & COACHING

Only MI Gym-approved trainers may conduct personal training, paid coaching or similar commercial fitness services within the Gym.

Members and visitors must not conduct paid personal training, coaching or other commercial fitness services within the facility without prior written approval from MI Gym.

Personal training services may be subject to separate booking, payment and cancellation conditions.

24. GYM CODE OF CONDUCT

All members and visitors must:

  • behave respectfully towards staff and other users;
  • follow reasonable staff directions;
  • use equipment safely and for its intended purpose;
  • return weights and equipment after use;
  • wipe down equipment after use;
  • keep training areas clear;
  • wear suitable training attire;
  • wear appropriate footwear;
  • use a towel where appropriate;
  • maintain reasonable personal hygiene;
  • report damaged or unsafe equipment;
  • avoid deliberately dropping or damaging equipment;
  • comply with safety signage; and
  • respect the facility and other users.

Chalk is not permitted unless expressly authorised by MI Gym.

Equipment must not be removed from the premises without permission.

25. PROHIBITED CONDUCT

MI Gym may refuse entry, suspend access or terminate membership where a person engages in conduct including:

  • violence or threats;
  • harassment, intimidation or bullying;
  • abusive or aggressive behaviour;
  • sexual harassment or inappropriate conduct;
  • deliberate property damage;
  • theft;
  • unsafe use of equipment;
  • unauthorised access or tailgating;
  • repeated breaches of Gym Rules;
  • significant impairment by alcohol or drugs;
  • possession, supply or use of illegal drugs;
  • interference with CCTV, access-control, security or safety equipment; or
  • conduct creating a serious risk to themselves or another person.

Serious misconduct may result in immediate suspension or termination.

26. DRUGS, ALCOHOL, SMOKING & VAPING

Smoking, vaping and e-cigarettes are prohibited within the Gym.

Entry may be refused to a person who appears significantly impaired by alcohol or drugs where their condition creates a safety or behavioural risk.

Illegal drugs must not be possessed, supplied or used on the premises.

27. EQUIPMENT USE

Members and visitors must use equipment safely and as intended.

Users should seek assistance where unsure of correct equipment operation.

Equipment marked as out of service must not be used.

MI Gym may remove equipment from service without notice for maintenance, repairs, safety reasons, replacement or upgrades.

Temporary unavailability of individual items of equipment does not automatically entitle a member to a refund or compensation.

Members or visitors may be responsible for reasonable repair or replacement costs where they intentionally, recklessly or negligently damage Gym property or equipment.

Normal wear and tear is excluded.

28. EMERGENCIES & UNSTAFFED ACCESS

Members acknowledge that MI Gym may be unstaffed during part of the approved member-access period.

Members exercising during Unstaffed Hours acknowledge that immediate staff assistance may not be available.

In an emergency, members should contact 000 where appropriate.

Members should familiarise themselves with emergency exits and the location of available emergency and first-aid equipment.

Emergency equipment must only be used for its intended purpose.

29. PERSONAL PROPERTY & VALUABLES

Any lockers or storage areas provided by MI Gym are provided as a convenience only.

Members and visitors remain responsible for their personal belongings.

To the extent permitted by law, MI Gym is not responsible for loss, theft or damage to personal property except where liability arises from MI Gym's negligence or another liability that cannot lawfully be excluded.

Valuable items should not be left unattended.

Unclaimed property may be retained for a reasonable period before being disposed of or donated.

30. CCTV & SECURITY

CCTV operates within and around MI Gym for legitimate purposes including:

  • member and staff safety;
  • security;
  • crime prevention;
  • incident investigation;
  • protection of property;
  • investigation of theft;
  • investigation of injuries or accidents;
  • investigation of misconduct;
  • investigation of tailgating or unauthorised access; and
  • enforcement of Gym Rules.

CCTV will not be installed in toilets, change rooms or other areas where a person would reasonably expect complete privacy.

CCTV footage may be provided to police, emergency services, insurers, legal advisers or relevant authorities where reasonably necessary or legally required.

31. PHOTOGRAPHY, VIDEO & RECORDING

MI Gym may occasionally photograph or record activities, classes, events and general Gym operations for legitimate business, promotional, marketing and social-media purposes.

Where an identifiable person is deliberately featured as the subject of promotional material, appropriate consent will be obtained where required.

Members who do not wish to appear incidentally in MI Gym marketing material should notify management.

Members and visitors must not photograph, film or record another member, visitor or staff member in circumstances that unreasonably interfere with that person's privacy.

Commercial photography or filming requires prior approval.

32. PRIVACY

MI Gym may collect personal information reasonably necessary for:

  • membership administration;
  • processing payments;
  • providing Gym access;
  • communicating with members;
  • safety and security;
  • CCTV and incident management;
  • providing services;
  • marketing where permitted;
  • complying with legal obligations; and
  • operating the business.

Information may be shared with service providers including GymMaster, Ezidebit and other providers where reasonably necessary to provide the relevant service.

MI Gym will not sell members' personal information to unrelated third parties.

Personal information will be handled in accordance with applicable Australian privacy requirements.

33. COMMUNICATIONS

Members consent to receiving operational communications relating to their membership, including:

  • payment information;
  • membership notices;
  • changes to access;
  • temporary closures;
  • safety information;
  • changes to fees; and
  • material changes to these Terms & Conditions.

Communications may be provided by email, SMS, GymMaster notification, website notice, Club signage or another reasonable method.

Marketing communications will be handled in accordance with applicable law, including applicable unsubscribe requirements.

34. TEMPORARY CLOSURES & EVENTS OUTSIDE OUR CONTROL

MI Gym may temporarily close, restrict access or suspend some services because of circumstances including:

  • cyclones;
  • flooding;
  • storm damage;
  • ferry disruptions;
  • power outages;
  • internet or communications outages;
  • fire;
  • equipment failures;
  • government directions;
  • public health orders;
  • maintenance or repairs;
  • emergencies;
  • safety concerns; or
  • other events beyond MI Gym's reasonable control.

MI Gym will make reasonable efforts to minimise disruption and communicate significant planned closures where practicable.

Temporary closures or service interruptions do not automatically entitle members to refunds or compensation.

Any entitlement to a refund, suspension, extension or other remedy will be determined in accordance with applicable consumer law and the circumstances of the closure.

35. CHANGES TO SERVICES, HOURS & FACILITIES

MI Gym may reasonably change:

  • member access hours;
  • Staffed Hours;
  • class timetables;
  • equipment;
  • instructors;
  • services;
  • access arrangements;
  • facilities; and
  • Gym Rules.

Changes may be made for operational, safety, maintenance, legal or business reasons.

Where a material change substantially affects an ongoing membership, MI Gym will act reasonably and in accordance with applicable consumer law.

36. TERMINATION OR SUSPENSION BY MI GYM

MI Gym may suspend access or terminate a membership where a member:

  • fails to pay fees;
  • seriously or repeatedly breaches these Terms & Conditions or Gym Rules;
  • provides materially false membership information;
  • shares access credentials;
  • permits unauthorised access;
  • deliberately damages equipment or property;
  • threatens or compromises another person's safety;
  • engages in illegal conduct at the Gym; or
  • behaves in a manner that makes continued membership unreasonable.

Where appropriate, MI Gym may provide the member with an opportunity to remedy a breach.

Immediate suspension or termination may occur where reasonably necessary for safety, security, serious misconduct or unauthorised access.

Any financial consequences of suspension or termination will be dealt with reasonably and in accordance with applicable law.

37. LIABILITY, RISK & CONSUMER RIGHTS

Exercise and use of fitness equipment involve inherent risks.

These may include strains, sprains, falls, collisions, equipment-related injuries, cardiovascular events and other injuries.

Members and visitors are responsible for:

  • exercising within their capabilities;
  • using equipment correctly;
  • following safety instructions;
  • seeking assistance when unsure;
  • complying with signage; and
  • stopping exercise if they experience pain, dizziness, unusual shortness of breath or other concerning symptoms.

MI Gym will provide services with due care and skill as required by Australian Consumer Law.

Nothing in these Terms & Conditions excludes, restricts or modifies a consumer guarantee, statutory right or remedy that cannot legally be excluded, restricted or modified.

Members participate in exercise activities at their own risk to the extent permitted by law, but this does not exclude MI Gym's responsibility for negligence, breach of applicable consumer guarantees or other liability that cannot legally be excluded.

38. REFUNDS

Refunds are not automatically provided because a member changes their mind after the applicable cooling-off period.

Nothing in this section limits a member's entitlement to a refund, cancellation, extension, compensation or other remedy available under Australian Consumer Law, Queensland fitness-industry legislation or other applicable law.

Where a refund is legally required, MI Gym will process it within the timeframe required by law.

39. COMPLAINTS

MI Gym aims to resolve complaints promptly and fairly.

Complaints may be submitted:

In person:
Magnetic Island Gym
1/60 Kelly Street
Nelly Bay QLD 4819

Email:
magneticislandgym@gmail.com

Phone:
0403 063 377

Members should provide enough information for MI Gym to understand and investigate the complaint.

Nothing in these Terms & Conditions prevents a member from contacting the Queensland Office of Fair Trading or exercising any other legal right.

40. FITNESS INDUSTRY CODE OF PRACTICE

MI Gym operates subject to applicable Queensland fitness-industry legislation, including the Fair Trading (Code of Practice—Fitness Industry) Regulation 2003, to the extent it remains applicable.

A copy of the applicable Fitness Industry Code of Practice can be made available for inspection on request and can also be accessed through Queensland Government legislation resources.

41. CHANGES TO THESE TERMS & CONDITIONS

MI Gym may amend these Terms & Conditions from time to time where reasonably necessary.

Material changes will be communicated through reasonable means, which may include email, SMS, GymMaster notification, the MI Gym website or Club signage.

Changes will not remove or reduce a member's statutory rights.

Where a change materially alters an existing member's contractual rights or obligations, it will be implemented in accordance with the membership agreement and applicable law.

42. SEVERABILITY

If any provision of these Terms & Conditions is found to be invalid, unlawful or unenforceable, that provision will be read down to the extent reasonably possible.

If it cannot be read down, it will be severed without affecting the remaining provisions.

43. GOVERNING LAW

These Terms & Conditions are governed by the laws of Queensland, Australia.

The parties submit to the jurisdiction of the courts and tribunals of Queensland and courts entitled to hear appeals from them.

44. ENTIRE AGREEMENT

These Terms & Conditions, together with the applicable membership agreement, waiver, direct debit authority, Parent/Guardian Consent and Waiver, special conditions and applicable Gym policies, form the agreement between the member and Magnetic Island Gym in relation to the membership and use of the facility.

Nothing in this provision excludes representations, guarantees or rights that cannot lawfully be excluded.

45. MEMBER ACKNOWLEDGEMENT

By entering into a membership agreement with MI Gym, the member acknowledges that:

  • they have been given an opportunity to read these Terms & Conditions and applicable Gym Rules;
  • applicable membership fees and payment arrangements have been disclosed;
  • they understand any applicable Minimum Term;
  • they understand the cancellation procedure;
  • they understand the applicable 48-hour cooling-off period;
  • they understand the rules regarding Gym access and unauthorised entry;
  • they understand that exercise carries inherent risks;
  • they agree to follow reasonable safety instructions and Gym Rules; and
  • they understand that their statutory consumer rights are not excluded by these Terms & Conditions.

For members under 18 years of age, the required parent or legal guardian consent must also be provided.

CONTACT DETAILS

Magnetic Island Gym
1/60 Kelly Street
Nelly Bay QLD 4819

Phone: 0403 063 377
Email: magneticislandgym@gmail.com
Website: magneticislandgym.com.au
ABN: 29 843 183 404

Your Health – Your Future


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