WARNING: This website requires Javascript for optimum viewing purposes. Please enable javascript in your browser.

Terms and Conditions

These are the Terms and Conditions on which Fitness Playground Surry Hills Pty Ltd & Fitness Playground M&E PTY LTD (“we”, “us”, “our” or “Fitness Playground”) is willing to provide membership to you. Any variation to these Terms and Conditions must be in writing and signed by our authorised officer.

THIS IS AN IMPORTANT DOCUMENT – PLEASE ENSURE THAT YOU READ IT CAREFULLY.

PRE MEMBERSHIP

1. PARTIES

This agreement is made between Fitness Playground Surry Hills Pty Ltd and/or Fitness Playground M&E PTY LTD and the member whose name appears in the application for membership contract. The member’s name who appears in the application acknowledges that they are over the age of 18. You acknowledge that you have received a copy of your Membership Agreement. We have seven days after the formation of the Fitness Playground Membership Contract (“contract”) to rectify any error or miscalculation provided in the contract. 7 days after the date of the contract ends your cooling off period.

2. FITNESS PLAYGROUND RULES

You must ensure that you read, understand, and abide by the Rules (“Rules”) which are notified to you through signage, handouts, or our website (www.thefitnessplayground.com.au).

3. ENTIRE AGREEMENT

The Rules, these Terms and Conditions and the Application for Membership and Contract form the entire agreement between the parties (The Contract) and any previous representations or documents whether provided by Fitness Playground or its agents or employees is excluded from this agreement.

4. MEMBER APPLICATION

a) Membership is subject to the Terms & Conditions of this Contract as amended from time to time.
b) Submission of an Application Form is an offer to Fitness Playground to become a Member of the Club subject to these Terms & Conditions. Club reserves the right to reject any application for Membership.
c) Upon joining the Club, the Member consents to having their photograph taken by Club to confirm their identity upon entry, and consents to having their photograph being taken at any time whilst using the facilities, excluding changing room. Club reserves the right to use any
such photographs for press or promotional purposes.
d) Members and nonmembers accept full responsibility for updating their personal information to Fitness Playground for the purpose of billing, marketing and contact information.

5. BILLED FORTNIGHTLY MEMBERSHIPS TYPES

Use of the club’s services and facilities are governed by the membership type listed. The club reserves the right to introduce, withdraw and vary categories of Membership without notice.
a) Gym or ‘All In’’ Membership – Access all Gyms for all services excluding group training.
b) Fit Membership – Access all Gyms for all services excluding MindBody Studio & Athletica Group Sessions.
c) Play Membership – Access all Gyms for all services.
d) “P.G.T.” – Access all Gyms for all services. 30 days minimum term then rolling month to month, from selected start date.
e) “Share me” – Same Term as selected membership.
Allows you to nominate up to 5 friends or family to access the club as guests.
ei) Only one user can utilise the club facilities at any one time when the primary key holder is not present in the gym.
eii) A maximum of 2 swipes a day per member access key (between 12am and 11:59pm) Guests privileges allows Gym only access (no classes).
eiii) Guests agree to have their photo taken for identification purposes prior to gaining access on first visit and are required to complete forms supplied by the club.
eiv) Guests of members on the “Share Me” option are bound by the same policies, rules, terms and conditions as members while on the premises.
ev) Guests names must be provided by the member on a form supplied by the club in order to be allowed access.
f) Memberships contain either a “12 month minimum term” or are deemed “no commitment”.
g) “12 month minimum term” means 26 fortnightly payments followed by fortnightly payments.
h) “No commitment” means fortnightly payments.
i) Corporate or Group Discount Membership means a discounted fortnightly price or discounted joining fee.

6. PAID IN FULL MEMBERSHIPS

a) Paid in full memberships are not subject to a transaction fee.
b) Casual Visit $20 – allows one off access to gym only for the same day.
c) Casual Visit for MindBody or Athletica Session: $25 – allows access to one class only.
d) Visit by member to MindBody or Athletica Session: $20 – allows access to one class only.
a) Gym Membership– 5% discount for paid in full (paid upfront and membership automatically ends at end of period unless bank account details and approval is provided).

7. HEALTH AND INJURIES

It is your responsibility to seek medical clearance prior to commencing any exercise program. Fitness Playground asks you to declare your medical history for any health condition that may affect your safety while in the gym. You further warrant and represent that you will not use Fitness Playground or any of our facilities, services or products whilst you are suffering from any infections or contagious illness, disease or other ailment or whilst you are suffering from any physical ailment such as open cuts, or sores, or minor infections where there is a risk, however small, to other members and guests. We reserve the right to refuse entry or terminate memberships based on health reasons for the safety of our members.

8. AGES

If you are under 18 and visiting the club, the parent or guardian must accompany the minor and not allowed entry outside of the hours of 10am – 7pm. As a parent or guardian of a minor you hereby agree to be fully responsible for any and all actions, damages, injuries or loss to property or person, performed by the minor with or without your supervision in the club. We reserve the right to refuse access to members who are under the age of 18 without their guardian or parent present. The parent of guardian takes full responsibility for ensuring membership fees are paid and up to date for their minor’s membership.

9. ONGOING AGREEMENT

a) This is an ongoing membership agreement.
b) Your membership with Fitness Playground will continue until adequate cancellation criteria has been met and agreed with an authorised officer of Fitness Playground as per clause 19 in Terms and Conditions.
c) If you seek to terminate the agreement or stop the automatic debit arrangement in a manner not prescribed in the agreement, then you may be liable to the club for damages for breach of contract.
d) You are liable for any bank charges to you for failing to meet the direct debit agreement.

10. TRIAL GUARANTEE

You can cancel your membership during “Trial Guarantee”. This means you can cancel any time in the first 7 days of your membership (from the date of signing your agreement) with written notice in club. You are required to attend the club, sign the 7 day cancellation form and return the access key. You will receive a refund of any membership dues that have been paid in advance. There will be no refund provided for the access key or training packages. By signing for a trial at the start of your membership you agree to ongoing membership after the trial guarantee unless written notice as described in this agreement is provided and signed by an authorised officer of Fitness Playground.

DURING MEMBERSHIP

11. USING YOUR ACCESS KEY

A Membership Card will be issued to each Member upon joining the Club. Members must present their card for security and verification on each visit to the Club. Members without a valid Membership card may be asked for identification, and will be admitted at the absolute discretion of club staff. A Member may not loan their Membership card or permit its use by any other person; (unless a “Share Me” option is taken up) allowing such misuse of a Membership card may result in Membership being terminated and the access key confiscated by the club. Any lost or misplaced Membership cards will be replaced by the club at a cost of $49 payable by the member. Members who provide access to non-members without signed consent of authorized Fitness Playground staff are liable to pay a fine of $99 on the spot.

12. PAYMENT

a) Membership is payable in advance, either annually or fortnightly as per the Membership type selected. A pro rata payment will apply if start is not at beginning of month. Membership fees will be debited fortnightly, via bank account or credit card. In the event that the Member falls into arrears in respect of any fees payable, all arrears must be settled before the Member can use the Club.
b) If the direct debit option is taken, the payments will be debited from your bank account or credit card. It is your responsibility to ensure you have sufficient funds in the nominated account when the monthly payments are to be debited and if the debit is unsuccessful you will be responsible for any administration fees and or collection fees.
bi) Fitness Playground is not liable for any fees incurred to member from their designated bank or card provider for any late fees or charges incurred for failing to meet direct debit agreement.
c) Fortnightly Membership fees may be increased at the discretion of and at any time by club, subject to 30 days written notice.
d) Any discounted Membership options are offered on the basis that the Member can provide proof of eligibility; Members should be aware that the full fee for their Membership type may be applied until such proof is provided.
e) Fitness Playground reserves the right to levy an administration fee if required to forward the account to a 3rd party collection agency.
f) Fitness Playground reserves the right to use the services of a third party billing company to deduct payments.
g) Fitness Playground reserves the right to charge a late payment fee.
h) If membership payments are overdue, Fitness Playground reserves the right to deduct these membership dues from your bank account or credit at any time without notice.
i) If membership payments are overdue, Fitness Playground reserves the right to terminate membership at any time; disable access key to refuse entry until full payment has been made to either 3rd party debt collection agency or Fitness Playground.

13. SECURITY

a) The club is under 24 hour camera surveillance. Whether you’re working out, entering/leaving the building or restrooms, your activities are recorded. The video is used for security purposes. The security system does not protect you in or on the building premises. You must use caution entering and leaving the club. Do not allow access to individuals who knock on the door, doing so could result in you losing your privileges.
b) Photography and or videography are not allowed anywhere in the club by members without permission of Fitness Playground.
c) If member does not have their access key the member will not be allowed to enter the club during non-staffed hours.
d) Horseplay, vulgar language, abuse of equipment or any other inappropriate behavior will not be tolerated and will result in suspension or cancellation of your membership, with cancellation fee.
e) You are solely responsible for any damage which you may cause to Fitness Playground, its facilities, services, products or equipment, if such damage is caused by your willful act and/or negligence.
f) We reserve the right to issue a $99 fine to members who are knowingly sharing their card or enabling access of non-members to the club. This is payable on the spot. If member is unable to pay this on the spot the charge will be added to their account to pay at a later date; full terms regarding payments as stated in this agreement apply, as stated in section 12.

14. GROUP TRAINING

a) This is billed fortnightly. A pro rata payment will apply if start is not at beginning of month.
b) If you are booked in for a class and can no longer make it, you may miss a class with no penalty, the requirement is notifying club staff a minimum of 12 hour prior to class following club class cancellation policy.
c) All bookings are to be made online, via Fitness Playground App or over the phone to your club and you must sign on upon entry to the class. Should you not be booked to a class you are not guaranteed a position within the class and Fitness Playground reserves the right to refuse entry to a class.
d) No Show to a booked class – If a member no shows with no notification 3 times or more in a month, the club may suspend the member from PGT for a month and/or pay the casual rate ($25) for missing this class.
e) You may downgrade your membership and remove the group component of membership with (1) month notice to a staff member in writing. All billing and membership changes must be signed for via the appropriate Fitness Playground electronic or hardcopy form.

15. CONTRACTORS

Contractors and franchisees may provide services at Fitness Playground. We take no responsibility for the fees paid to these contractors and franchisees. You hereby agree not to hold us liable and you agree to indemnify us and keep us indemnified for any claims suffered by you as a result of negligence by a contractor or franchisee.

16. FREEZING YOUR MEMBERSHIP

a) Members who are paying on Direct Debit may apply for their Membership to be frozen, subject to one full calendar month notice. Each member can take up 1 month free freeze per year, (1 full month equals 2 fortnightly debits and no more). A fee $10 per month otherwise will be charged after 1 month complimentary freeze time has been taken.
b) The minimum freeze period is one full calendar month, with a maximum of six full consecutive calendar months. If member is seeking to freeze membership over period of 3 months they are required to provide proof to support their request.
b) Freeze periods will not count towards a Member’s contractual term, and will extend any applicable minimum term by the number of freeze months taken. Membership may not be frozen during the notice period of cancellation.
c) Members on a Monthly contract type will have their freeze fee/s taken via Direct Debit; Members on a Paid in Full contract type must settle their freeze fee/s upfront in advance.
d) Freezing for reasons of illness, injury or pregnancy will be reviewed and leniency may be applied in relation to the fee and notice period; appropriate medical documentation must be attached to the request for this to be considered.

17. CLUB FACILITIES

Full details of normal opening hours are available on the website. Fitness Playground reserves the right to vary normal staffed hours, or to temporarily close certain areas of any Club from time to time without notice for the purpose of cleaning, decorating, repairs, or for special functions and holidays. Appropriate notice may be provided in club via notices, email or sms messaging to members.

18. ASSIGNMENT

You must not assign any rights or benefits under these Terms and Conditions unless you have obtained our prior written consent. We may assign or transfer any rights or benefits under these Terms and Conditions at any time without notice to you. However, we will remain liable to meet our obligations to you under these Terms and Conditions and the Contract.
POST MEMBERSHIP

19. CANCELLATION

A) All Cancellation requests must be made in writing at your home club at least 30 days prior to the cancellation date (after the minimum term specified). Requests via phone, fax, email or other medium may not be processed unless adequate written documentation must be provided in the case of a dispute.
B) Should the Member be unable to attend the Club to complete a Cancellation Form, the Member may send an email to the club or send a written request to the Club addressed to the Club Manager. The Member takes full responsibility for ensuring that the Club has received the notification, and should be aware that the notice period will apply from when the member is i) eligible to cancel and ii) notification is received by the Club.
C) After 7 day cooling off period at start of membership has expired, you are not entitled to cancel your membership during the initial term except by following the terms set out in this contract.
D) If you have cancelled in your cooling off period please allow up to 10 working days after cancellation to process any refund. Cooling off period begins when agreement has been signed. Extensions to the 7 day trial are only applied when written proof is provided to member by an authorised office of Fitness Playground under extenuating circumstances.
E) Medical – You may cancel this agreement for medical reasons. Your doctor must provide certification that you are unable to use the club over an extended period of time, and that using its facilities and services would impair your health.
F) Relocation – You may cancel or transfer this agreement by giving 30 days written notice if you move your permanent residence 20km from any Fitness Playground location. We will require proof of relocation. You must provide information supporting your move and that it is permanent.
G) Without proof of medical or relocation documentation (as stated in this document) membership and fortnightly debits will continue until conditions of this agreement are met and authorized officer of Fitness Playground confirms in writing to member.
H) Should a Member be bound to a Contract, and is unable to use the club for the remainder of the term, the Member may apply to transfer the Contract to another person. The Member is responsible for finding someone to sign into the Contract, who has not been a Member of the Club within the last 3 months. A Transfer Fee will apply as per the Club’s current price schedule. Both the existing Member and the new Member Must attend the Club to complete the transfer application, which will not be deemed complete until a Membership Application Form has been completed and signed by the new Member.
I) ‘Fair Play’ Option is in place to reward member loyalty and encourage usage. Any member can cancel their membership with 30 days written notice and no penalty if they have used the club a minimum of 3x per week for the last 6 weeks prior to requesting to cancel. One month notice is required after the 6 weeks of 3x a week gym use is complete. All data is taken from the clubs member management system. The member is responsible for ensuring accurate data can be collected, failure to sign into the club upon entry or by registering the key in the entry system is the sole responsibility of the member.
J) Access Key must be returned upon cancellation in order for the cancellation to be complete. Should the Member be unable to attend the Club to return the key, the Member must notify the club in writing and an alternative option can be put in place.
K) The Access Key is non-refundable. It is a one-off payment. This is clearly stated on our pricing document and the membership contract.
L) Corporate Memberships or discounted promotional memberships are still subject to full terms and conditions as laid out in this document with amendments being recorded properly in writing on date of joining, written on contract or in corporate service agreement.

20. TERMINATION OF MEMBERSHIP BY FITNESS PLAYGROUND

The club may terminate a Membership without notice and with immediate effect if:
a) the Member breaks these Terms & Conditions or the Club Rules, either repeatedly or one serious breach.
b) Any fees remain unpaid after repeated requests for payment by club.
c) The club is of the opinion that the Member is not suitable for continued Membership.
d) The Member puts the health, safety or well-being of staff or Members at risk. All decisions made by Fitness Playground under this clause are final and binding. The Member is then prohibited from Membership at any other Fitness Playground.
e) If terminated member is found to have entered without the consent of Fitness Playground an on the spot fine of $99 will apply and if necessary the proper authorities will be called.

21. YOUR PERSONAL INFORMATION

Members are responsible for advising the club of changes to their personal information. Where The Club is required to provide any written notification, Fitness Playground will send the notice to the address on the Application Form or any updated address the Member has provided since joining. Any notice sent by the club in accordance with this clause will be deemed received by the Member two days from the date of dispatch.

22. LIMITATION OF LIABILITY

Fitness Playground Surry Hills PTY LTD and/or Fitness Playground M&E PTY LTD will not be held liable for any loss, damage or theft of property belonging to or brought onto the premises by a Member or Guest, unless such event is due to the club being negligent. If the club has been negligent, liability shall be limited to $200. Fitness Playground will not be held liable for any death, personal injury or illness occurring on the premises or as a result of use of Fitness Playground facilities, unless such event is due to the club being negligent.

23. CHANGES TO CLUB TERMS & CONDITIONS

The club may amend these Terms & Conditions, and will display when changes are made in Club or on the Fitness Playground website. Any changes will be effective immediately.

24. THE TERMS OF YOUR CONTRACT

a) A signed Application Form, the Terms & Conditions, and the Club Rules make up the binding Contract of Membership with The Club. Members are advised to read the Terms & Conditions and Club Rules in full before signing the Application Form.
b) The failure of Fitness Playground to enforce any of their rights at any time for any period shall not be construed as a waiver of these rights. Any failure to identify or act upon a breach of the Terms & Conditions or Club Rules shall not be deemed to be an affirmation by the club that the behavior of the Member or Guest is acceptable.
c) Except where permitted by this Contract, neither the club nor the Member may alter the terms of this Contract without the express agreement of the other.
d) Australian Consumer Law, Exclusions and limitations – you have certain rights under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law in connection with goods and services that we supply to you. The only conditions, warranties or guarantees which are binding on us in respect of the services or any goods or advice supplied by us, our employees, servants or agents to you are those imposed or required to be binding by the statute (including the Competition and Consumer Act 2010 (Cth)) and those (if any) expressly set out in this agreement. To the extent permitted by law, all other conditions, warranties and guarantees are expressly excluded.