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Terms and Conditions

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

DEFINITIONS & INTERPRETATION

Enrolment for Membership means the Enrolment for Membership form supplied by Fitness Playground.

Fitness Playground means Fitness Playground Surry Hills Pty Ltd ACN 166 906 850 and / or Fitness Playground (M & E) Pty Ltd ACN 604 098 348 and / or Fitness Playground NT Pty Ltd ACN 614 393 752.

Fitness Playground Contract means the Rules, the Membership Terms and the Enrolment for Membership.

Gym means a Fitness Playground gym.

Goods and / or Services means the goods and / or services and / or facilities provided by Fitness Playground to You.

Membership Terms means these membership terms.

Parties means You and Us.

Staffed Hours means the times a Gym is staffed. Times are subject to change at the sole direction of Fitness Playground.

We, Us, Our means Fitness Playground.

You, Your, Yourself means the person who is specified as the member in your Enrolment for Membership.

1. INTRODUCTION

These are the Membership Terms on which Fitness Playground is willing to provide a membership to You at the Gym.

2. PARTIES

The Membership Terms are between Fitness Playground and You. You acknowledge and agree that you are over the age of 18 years of age.

3. FITNESS PLAYGROUND RULES

You must ensure that You read, understand, and abide by the rules of Fitness Playground (the Rules) which are notified to You through signage, handouts, or are located on Our website (www.thefitnessplayground.com.au).

The Rules govern Your use of the Gym. In becoming a member, You agree to abide by the Rules which are binding rules that apply to all members, guests and visitors of the Gym. You are also responsible for Your guests and visitors whilst they are using the Gym.

If You break any of the Rules, We will respond in a way which we consider fair and reasonable which may include the following:

a) A written warning; or

b) Suspension or cancellation of Your membership.

If Your breach causes us or another person costs, losses and / or damages, You agree to pay for these.

4. ENTIRE AGREEMENT

The Rules, the Membership Terms and the Enrolment for Membership form the entire agreement between the Parties (collectively the Fitness Playground Contract).

When you sign the Membership Terms, You are entering into a legally binding contract with Us. It is important that You have read and understood all the terms and conditions of the Fitness Playground Contract before signing the Membership Terms. If You have any questions, please ask Us before You sign.

If the Membership Terms and / or the Fitness Playground Contract differ from anything You are told at the Gym or over the phone, the Membership Terms and / or the Fitness Playground Contract will apply, unless written confirmation is received from an employee of Fitness Playground.

 5. ENROLMENT FOR MEMBERSHIP

Submission of an Enrolment for Membership is an offer by Fitness Playground to You to become a member of the Gym subject to the Membership Terms. Fitness Playground reserves the right to reject any Enrolment for Membership at its sole discretion.

Your membership will commence on the Membership Start Date (Membership Start Date) as set out in Your Enrolment for Membership, provided that You have signed the Membership Terms.

Your membership is subject to the terms of the Fitness Playground Contract as amended by Fitness Playground from time to time.

Upon joining the Gym, You will be given an access key and You consent to having Your photograph taken by the Gym to confirm Your identity upon entry. If You visit the Gym without a valid access key or photo identification, We may refuse You entry.

You accept full responsibility for updating Your personal information to Fitness Playground for the purposes of billing, marketing and / or contact information.

You may be required to participate in an orientation / induction to familiarise Yourself with the Goods and / or Services of Fitness Playground. It is Your responsibility to book in an orientation / induction and / or to request Us to show You how to use the equipment at the Gym. If You are ever not sure how to operate any equipment properly, You must ask an employee of Fitness Playground before You use it.

6. GYM ACCESS AND GROUP TRAINING

You become a member of Fitness Playground under the type of membership (Membership Type) and at the Gym stated in your Enrolment for Membership.

Your use of the Goods and / or Services of Fitness Playground are governed by the Membership Type. Fitness Playground reserves the right to introduce, withdraw and / or vary categories of membership by providing you with thirty (30) days written notice.

The Membership Types are as follows:

a) Play Membership – You have unlimited access to all Gyms and all Goods and / or Services of Fitness Playground;

b) Gym Membership – You have access to all Gyms and all Goods and / or Services of Fitness Playground excluding group training; and

c) Fit Membership – You have access to all Gyms and all Goods and / or Services of Fitness Playground excluding MindBody Studio & Athletica Group Sessions.

Membership Types contain either a “12-month minimum term” or are deemed “no commitment”:

a) “12-month minimum term” means twenty-six (26) fortnightly payments followed by rolling membership until Your membership is terminated in a way set out in the Membership Terms; and

b) “No commitment” means fortnightly payments until Your membership is terminated in a way set out in the Membership Terms; and

c) “Paid in full” means paid upfront.

We offer a “Corporate Membership” which means that You will receive a discount on Your fortnightly membership fees or a discounted joining fee. If You have a Corporate Membership, You will be asked to produce evidence of Your corporate identity to Us. If You fail to produce evidence of Your corporate identity, we may:

a) Ask You to reimburse Us for any discounts You have received upon joining the Gym; and

b) We will return Your membership fees to the standard membership rate and remove the corporate discount applied.

We reserve the right to request further evidence of Your corporate identify throughout the term of your membership.

7. VISITORS

Paid in full memberships for guests and / or visitors are as follows:

a) Casual Visit: allows You one off access to the Gym only for the same day; and

b) Casual Visit for MindBody or Athletica Session: allows You one off access to one class only for the same day.

8. HEALTH AND INJURIES

You are aware of the possible health and safety risks associated with participating in physical activity and consent to any reasonable exercise which may from time to time be strenuous. You acknowledge and agree that exercising and using the Good and / or Services of Fitness Playground may involve risk of injury and You exercise and use the Gym at Your own risk.

You have made Fitness Playground aware of any relevant medical conditions or health problems and have obtained clearance from a registered medical practitioner to participate in physical exercise. You are aware that if Your medical conditions change, You will need to sign and complete a medical form and you take sole responsibility for doing so.

You will ensure that the information disclosed to Us will be true and accurate and not misleading in any way. You will not attend and use the Goods and / or Services provided by Fitness Playground whilst You are suffering from illness, disease, injury or any other condition that could present a risk to the health and / or safety of other members, guests and / or employees of Fitness Playground or Yourself.

You undertake to notify Us of any changes to Your health and / or existing medical conditions. Our employees and / or contractors are not medically trained. We reserve the right to refuse entry and / or terminate Your membership if, in our reasonable opinion, You do not satisfy the medical and / or physical conditions required to participate in any activities of Fitness Playground and You do not provide Us with medical clearance to prove otherwise.

You recognise that Fitness Playground personal trainers and / or staff are not able to provide You with medical advice regarding medical fitness and that this information is issued as a guidance to the limitations of Your exercise ability.

You must not conduct Yourself in a manner which will cause harm or discomfort to Yourself and / or other members. You must notify any employees and / or contractors of Fitness Playground of any injuries and / or changes in Your health which may impact Your ability to continue Your exercise program or use the Goods and / or Services provided by Fitness Playground.

You consent to receive medical treatment, which may be deemed necessary in the event of an injury, accident or illness.

9. AGE

If You are under 18 years old, a parent or guardian must sign all documents required by Fitness Playground and must accompany You at the Gym. We reserve the right to refuse You access to the Gym if You are under the age of 18 and attend the Gym without Your parent or guardian present.

If You are under 18 years old, You are not allowed entry to the Gym outside of the Staffed Hours. Your parent or guardian acknowledges and agrees to be fully responsible for all claims, actions, damages, injuries and / or loss to property and / or any other person, which is incurred by You as a result of You being supervised or unsupervised in the Gym.

If you are under 18 years old, Fitness Playground may recommend the use of a personal trainer to You. We may ask You for a doctor’s clearance and / or require You to obtain an exercise program from a personal training before You are allowed access to the Gym.

Your parent or guardian acknowledges and agrees to be responsible for ensuring that Your membership fees are paid and up to date.

10. TRIAL GUARANTEE

You may cancel Your membership at any time during the first seven (7) days of your membership (from the date of signing your Enrolment for Membership) (the Trial Guarantee).

To cancel Your membership during the Trial Guarantee, You are required to attend the Gym, sign and submit the forms required by Fitness Playground and return the access key.

If you have used Your membership during the Trial Guarantee, we will refund any amounts payable to You, less any guest fees for each visit, the fees for any training packages or other Goods and / or Services You have received and a reasonable administration charge. There will be no refund provided for the access key and / or personal training packages.

After the Trial Guarantee has expired, You agree to the minimum term of Your membership as specified in the Enrolment for Membership.

11. USING YOUR ACCESS KEY

An access key will be issued to You upon joining the Gym. You must present Your access key for security and verification on each visit to the Gym. Members without a valid access key may be asked for photo identification, and will be admitted at the absolute discretion of the employees of Fitness Playground. You should not ask or expect another member to let you into the Gym at any time.

A Member may not loan their access key or permit it to be used by any other person. If an access key is misused by You, Your membership may be terminated and the access key confiscated by Fitness Playground.

Any lost or misplaced access keys will be replaced by Fitness Playground at a cost of $99.00 payable by You upon the issue of the new access key.

If You provide access to non-members without the signed consent of authorised Fitness Playground staff, You will be liable to pay a fine of $50.00 which is payable immediately and / or Your membership may be suspended or cancelled by Us. Alternatively, you authorise us to direct debit the $50.00 from your bank account or credit card.

12. PAYMENT

You are personally responsible for payment to Us of the membership fees as and when they fall due.

Your membership fees are payable in advance in accordance with the Membership Type selected in Your Enrolment for Membership. A pro rata payment will apply if Your commencement date is not in line with the billing schedule set by Fitness Playground.

Fitness Playground reserves the right to use the services of a third-party billing company to deduct membership fee payments.

If the direct debit option is taken, Your membership fees will be direct debited from Your nominated bank account or credit card. By nominating a credit or debit account, You authorise Us to deduct from that account all fees and other charges you are responsible for under the Membership Terms.

It is Your responsibility to ensure that You have sufficient funds in Your nominated bank account when the fortnightly payments are to be direct debited. If there is insufficient funds in Your nominated bank account, or there is another reason that Your account was unable to be debited, You will be responsible for any administration fees and or collection fees charged by Fitness Playground and / or any third-party billing providers.

In the event that You fall into arrears in respect of any membership fees payable, all arrears must be paid by You in full before You can use the Gym. Fitness Playground reserves the right to deduct these membership dues from Your nominated bank account or credit card provided to Us at any time without notice to You.

Fitness Playground reserves the right to charge a late payment fee. This may change at any time in amount or frequency.

Fitness Playground reserves the right to levy an administration fee, if required, to forward any outstanding accounts to a third-party party collection agency. You will be responsible for all costs incurred by Us as a result of forwarding Your outstanding account to a third-party collection agency.

If Your membership fees are overdue, Fitness Playground reserves the right to terminate Your membership at any time; disable access key to refuse entry until full payment has been made to either third-party party debt collection agency or Fitness Playground.

Fitness Playground are not liable for any fees incurred by You from Your designated bank or card provider for any late fees or charges incurred for failing to meet direct debit agreement with Us.

If You seek to terminate the Fitness Playground Contract or stop the automatic debit arrangement in a manner not prescribed in the Membership Terms, then You may be liable to Fitness Playground for damages for breach of contract.

You must tell Us if you are transferring or closing Your account or card, at least 7 days before Your next direct debit. You must also tell Us about any changes to Your account or credit card, such as an expiry date or number, at least 7 days before Your next direct debit.

Fitness Playground reviews membership fees periodically and may change the membership fees from time to time. Your membership fees may be increased at the discretion of and at any time by Fitness Playground, subject to thirty (30) days written notice. Fitness Playground will notify You in writing. It is Your responsibility to ensure that Fitness Playground has up to date contact information for You. Where we have made a reasonable effort to let You know about a membership fee increase, You authorise Us to increase any direct debits from Your nominated bank account or credit card.

All membership fees include all government taxes and rates. We reserve the right to change Your membership fees in line with any government tax and rate changes.

13. SECURITY

The Gym is under 24-hour camera surveillance. Whether You are working out, entering / leaving the Gym 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.

Photography and or videography are not allowed anywhere in the Gym by You without permission of Fitness Playground. You consent to having Your photograph taken at any time whilst using the facilities. Fitness Playground reserves the right to use any such photographs for press and / or promotional purposes.

Horseplay, vulgar language, abuse of equipment or any other inappropriate behaviour will not be tolerated and may result in suspension or cancellation of Your membership, with a cancellation fee.

You are solely responsible for any damage which You may cause to Yourself, other members and Fitness Playground including but not limited to its facilities, services, products or equipment, if such damage is caused by Your willful act and / or negligence.

If You choose to use the Gym outside the Staffed Hours, You do so at your own risk. You must be cautious when entering, leaving the Gym and using the Gym.

You agree to follow any reasonable direction of an employee and / or contractor of Fitness Playground relating to health, safety or security or related matters.

14. CONTRACTORS

Fitness Playground reserves the right to use independent contractors to provide goods and / or services at all Gym locations.

There may be other services, including personal training services, offered at the Gym by Us, contractors, licensees and others which are offered separately and / or in addition to services provided under the Membership Terms. We are not responsible for these third-party services including fees or any associated costs, claims or refunds, unless they are provided by us.

You hereby agree not to hold us liable and You agree to indemnify us and keep us indemnified against any claims, demands, losses or damages suffered by You as a result of the negligence of a contractor or franchisee.

15. SUSPENDING YOUR MEMBERSHIP

If You wish to suspend Your membership, You may notify Us of Your request in writing or by completing the forms required by Fitness Playground. You must provide us with one full calendar month notice in writing. You will not be able to use the Gym whilst your membership is suspended and You must ensure that Your membership fees are up to date and You don’t owe Us any money.

Fitness Playground offers You one full calendar month complimentary suspension per year, (one full month equals two fortnightly debits and no more). A fee of $5.00 per fortnight (Suspension Fee) will apply after the one month complimentary suspension has been taken by You.

The minimum suspension period is one full calendar month, with a maximum of three full consecutive calendar months. If You are seeking to suspend Your membership over a period of three (3) months or more, You are required to provide evidence to support Your request.

Suspension periods will not count towards Your contractual minimum term, and will extend any applicable minimum term by the number of suspended months taken. Membership may not be suspended during the notice period of a cancellation request. We cannot backdate any time suspension requests. You must request a suspension when You need it. We cannot accept pro-rata payments or suspend Your direct debits outside an official time suspension.

If You are on a monthly Membership Type, the Suspension Fee/s will be automatically direct debited from Your nominated bank account as per the payment terms outlined in paragraph 12 of the Membership Terms. If You are on a Paid in Full Membership Type, You must pay Your Suspension Fee/s up front.

16. CLUB FACILITIES

Full details of normal opening hours are available on the website and at the entrance of each location. Fitness Playground reserves the right to vary the Staffed Hours, and / or to temporarily close certain areas of any Club from time to time without notice for the purpose of cleaning, decorating, repairs, renovations or for special functions, press events and holidays.

We do not reduce Your membership fees because the Gym is closed for renovations or for a public holiday. If we suspend the Gym’s operation or the Goods and / or Services, temporarily or permanently, We may send You written notice offering You a transfer to another Gym within a radius of 20km from your existing Gym.

17. ASSIGNMENT

You must not assign any rights or benefits under Your Fitness Playground Contract unless you have obtained our prior written consent. We may assign or transfer any rights or benefits under Your Fitness Playground Contract and the Fitness Playground Contract by providing you with written notice and without Your consent.

18. CANCELLATION

All cancellation requests are subject to the Membership Type and minimum term as outlined in Your Fitness Playground Contract.

All cancellation requests for all Membership Types require thirty (30) days written notice by You to Fitness Playground in the Gym via electronic or hard copy form.
All cancellation requests via phone, fax, email, SMS, social media or other medium will not be accepted.

All cancellation requests may be received by Us at any time. However, Fitness Playground reserves the right to deny requests when the conditions of this clause have not been met by you.

If You are unable to attend the Gym to complete the forms required by Fitness Playground, You may send an email to the Gym and / or send a written cancellation request to the Gym addressed to the Fitness Playground Club Manager.

You may cancel Your membership for the following reasons:

a) Medical: You may cancel your membership for medical reasons. Your doctor must provide certification that You are unable to use the Gym for a period of six (6) months or more, and that using the Goods and / or Services of Fitness Playground would impair Your health. The thirty (30) days written notice will begin upon presentation and acceptance of medical certification in the Gym (or via email when You are unable to attend the Gym).

b) Relocation: You may cancel or transfer your membership by giving thirty (30) days written notice if You move your permanent residence 20km from any Fitness Playground Gym location. You must provide information supporting Your relocation and provide evidence that Your relocation is permanent. For example, utility bill, an updated drivers licence and / or a one-way flight.

If You wish to cancel Your membership for any other reason and You are within Your minimum term, You may pay out Your Fitness Playground Contract.

The ‘Fair Play Option’ is in place to reward member loyalty and encourage usage. You may cancel Your membership with thirty (30) days written notice and no penalty if You have used the Gym a minimum of three (3) times per week for the last six (6) weeks prior to submitting a cancellation request. One (1) month written notice is required after the six (6) weeks of 3 times a week gym use is complete. All data is taken from the Fitness Playground’s member management system. You are responsible for ensuring accurate data can be collected. A failure to sign into the Gym upon entry or by registering the key in the entry system is Your sole responsibility.

Please note that this is an ongoing Fitness Playground Contract. Your membership with Fitness Playground will continue until adequate cancellation criteria has been met and agreed with an authorised officer of Fitness Playground in accordance with this clause.

19. TRANSFER OF MEMBERSHIP

If you are unable to use the Gym for the remainder of Your membership term (the Transferor Member), You may apply to transfer Your Fitness Playground Contract to another person (the Transferee Member). You are responsible for sourcing the Transferee Member of Your Fitness Playground Contract. The Transferee of Your Fitness Playground Contract cannot be an individual who has been a member of the Gym within the last 3 months.

You, as the Transferor Member, must sign all forms required by Fitness Playground and You are responsible for providing an access key to the Transferee Member. You must not owe Fitness Playground any outstanding fees in order to transfer Your membership in accordance with this clause.

The Transferee Member taking over the remaining membership term must complete an Enrolment of Membership.

20. PERSONAL TRAINING

You may engage independent contractor/s on Fitness Playground premises by signing a personal training ongoing agreement with an authorised officer of Fitness Playground or authorised Fitness Playground Independent Contractor.

All personal training sessions are to be paid by You in advance. Any cancellations must be made twenty-four (24) hours prior to the personal training session directly to Your personal trainer via SMS or phone call. You are responsible for ensuring the personal trainer receives adequate notification. Failure by You to provide notice will result in forfeiting the personal training session. In the case adequate notice is provided a make-up session must be arranged within the same fortnightly cycle otherwise Your personal training session is forfeited (unless otherwise agreed with Your personal trainer in writing). If You fail to complete personal training sessions within the fortnightly cycle, Fitness Playground is not obliged to refund or credit personal training sessions.

You may place Your personal training agreement on hold by providing notice seventy-two (72) hours prior to the billing date. Suspensions are for set time periods only and any charges after this period will not be refunded. If You wish to use the Gym and suspend Your personal training fortnightly debits, the billing schedule will be amended.

All cancellations must be submitted in writing via electronic or hard copy forms required by Fitness Playground in the Gym. The minimum notice period is two (2) weeks to allow for administration time. Depending on fortnightly payment schedule a pro rata amount may apply.

If you have paid for personal training sessions in advance they are non-refundable. Failure to provide notice in writing to the Gym will result in the fortnightly charge continuing. Fitness Playground is under no obligation to refund or perform these personal training sessions.

21. GROUP TRAINING

All bookings for group training are to be made online, via Fitness Playground App or website, or over the phone to the Gym and You must sign in upon entry to the class by providing Your name to the group instructor and / or manually signing in on the iPad provided. 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. This is for the safety of the other members in the class.

If You are booked in for a class and can no longer make it, You may miss a class with no penalty. However, You are required to notifying Fitness Playground staff a minimum of twelve (12) hour prior to class following club class cancellation policy.

If You do no shows with no notification three (3) times or more in a month, the Gym may suspend You from PGT for a month and / or You must pay the casual rate ($25) for missing this class. Fitness Playground reserves the right to charge the levy at any time via the payment details provided as outlined in in paragraph 12 of the Membership Terms.

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 in Gym with an authorised Fitness Playground officer. Without a signed electronic or hardcopy form no changes will be made via email, in person or over the phone.

22. TERMINATION OF MEMBERSHIP BY FITNESS PLAYGROUND

We may terminate Your membership immediately by emailing or writing to you at the contact addresses We have on Our records:

a) If You commit a serious or repeated breach of Your Fitness Playground Contract;

b) If You otherwise breach Your Fitness Playground Contract and the breach, if capable of remedy, is not remedied within 14 days of Us giving You notice to do so and informing You that Your membership will be terminated if You fail to do so;

c) If any part of your membership fees remains unpaid 28 days after falling due;

d) If You provide us with details which You know to be false when submitted Your Enrolment for Membership Form and these false details may have affected Our reasonable decision to grant You membership; or

e) The Gym is of the reasonable opinion that You are not suitable for continued membership; or

f) You put the health, safety or well-being of Fitness Playground staff or other members of Fitness Playground at risk; or

g) You damage Our equipment or use illegal or performance-enhancing drugs.

If We terminate Your membership for any of the above reasons, We may (without limiting any other right or remedy) recover any other reasonable costs and expenses We may incur as a result of Your breach and to collect the full amount of Your membership fees for the remainder of the then current fortnightly billing period any other arrears. Further, We will collect any membership fees and fees that are outstanding when Your membership is terminated. We may use third parties to assist in the collection of outstanding membership fees and fees and You will be liable for these costs.

23. YOUR PERSONAL INFORMATION

You are responsible for advising Fitness Playground of changes to Your personal information. Where Fitness Playground is required to provide any written notification, Fitness Playground will send the notice to the email or home address on the Enrolment for Membership or any updated address You have provided to Us since joining. Any notice sent by Fitness Playground in accordance with this clause will be deemed received by You three business days from the date of dispatch.

Any written notice or completed form provided to Fitness Playground must be sent by email or given in person with the exception of a termination by You. Only notices delivered to Us in one of these two ways will be considered a valid notice.

We take the privacy of our members seriously and our Privacy Policy is available in the Gym and on the website www.thefitnessplayground.com.au.

The Privacy Policy explains the ways which we collect, use, store, protect and disclose your personal information.

We collect personal information from You to provide You with our Goods and / or Services, to administer Your membership with Us and for the other purposes described in Our Privacy Policy. In most cases, We collect Your personal information directly from You, including through your pre-exercise questionnaire, Enrolment for Membership any other forms supplied by Us and in the course of Our other communications with You, which may occur through www.thefitnessplayground.com.au or when you call or contact Our staff.

If You do not allow Us to collect Your personal information, we may not be able to provide You with our Goods and / or Services, administer Your membership with Us or conduct some or all of the other activities described in Our Privacy Policy.

With Your consent, we may also collect personal information which relates to Your physical health or condition, including (without limitation) when you completed Your pre-exercise questionnaire, so that we can assess your general health, wellbeing and Your readiness for physical exercise and for the other purposes set out in Our Privacy Policy. If you do not provide this information, You will not be able to use the Gym. If we believe that You have any health issue or if your pre-exercise questionnaire is not fully complete, We may require You to obtain a medical certificate before We consider Your Enrolment for Membership further.

In order to perform Our Goods and / or Services and for the purposes set out in Our Privacy Policy, We may disclose some of Your personal information to our related bodies corporate and to other persons or entities as outlined in Our Privacy Policy. Should You default on payments due to Us, We may disclose Your personal information by notifying the default to a credit reference agency or third party to obtain payment from You.

Other than as set out in Our Privacy Policy, We will not share Your personal information without Your consent unless we are required to do so by law.

Our Privacy Policy explains how You may access and correct the personal information that we hold about You. It also sets out how You may conduct Us to complain about a breach of the Privacy Act, and how We will deal with such a complaint. If You have any questions or concerns about privacy or if You would like further information about Our privacy practices, please contact Fitness Playground.

24. INTERNET ACCESS AND SOCIAL MEDIA

If You are using internet and social media in the Gym and on Our facilities, You must abide by the terms of use and Rules and use the internet and social media channels accordingly. Any breach or unsocial behaviour on machines or inciting hateful, racial or defamatory behaviour or materials, You may be asked to leave the Gym and Your membership may be terminated by Fitness Playground at any time without notice.

You are personally responsible for the content that You publish online, whether in a blog, social network or social computing site or any other form of user-generated media. If a member of staff, independent contractor or another member harasses You, please make Us and the appropriate authorities aware immediately.

We advise mindfulness, that what You publish will be public for a long time. In the circumstances, You agree to protect Your privacy and take care to understand a site’s terms of service. You acknowledge and agree to be careful when sharing Your location and to protect Your own privacy and security. Fitness Playground is not responsible or liable for any breach to Your privacy, security or harassment or bullying which You may encounter online or while using Our internet, shared network and / or machinery.

25. LIMITATION OF LIABILITY

Your Fitness Playground Contract is subject to Australian law and is governed by the state laws where your home Gym is located.

Under the Competition and Consumer Act 2010, we guarantee that our recreational services are:

a) provided with due care and skill;

b) fit for any purpose You have told Us You are using the services for or for a result which You have told us You wish to achieve;

c) supplied within a reasonable time.

However, under certain legislative provisions, We may ask You to agree that these conditions do not
apply to You. If you sign the Membership Terms, You will be agreeing that Your rights to sue Us are excluded, restricted or modified as set out in the Membership Terms. This applies if You are injured
(including injury that results in death) because the services were not rendered with due care and
skill, or they were not reasonably fit for their purpose.

This change to Your rights does not apply if Your death or injury is due to Our gross negligence.
Gross negligence is defined in the Fair Trading (Recreational Services) Regulations 2004.

Nothing in the Membership Terms excludes, restricts or modifies any terms; conditions; warranties; guarantees, rights or remedies which cannot be lawfully excluded, restricted or modified. Otherwise, unless expressly included in the Membership Terms, all implied terms, conditions, warranties, guarantees, rights or remedies that can be lawfully excluded are excluded. In particular, we are not liable for death and / or injury caused by Our negligence or breach of implied terms that Goods and / or Services will be provided with reasonable care and skill at common law. This does not exclude Our liability for gross negligence.

Subject to any breach by Fitness Playground of the Membership Terms or its legal obligations, including any warranties implied by the Competition and Consumer Act 2010 (Cth), You hereby acknowledge and agree that Fitness Playground, its directors or nominated agents, contractors, staff or shareholders shall not be liable for any loss, damage or personal injury suffered by You, whether directly or indirectly arising out of any act or omission by Fitness Playground, its directors, agents, contractors, staff or shareholders.

You acknowledge sole responsibility for any personal equipment or belongings. You promise not to unnecessarily bring valuables into the Gym. Fitness Playground will not be held liable for any loss, damage or theft of property belonging to or brought onto the Gym by You or a Guest, unless such event is due to the negligence of Fitness Playground.

You agree to pay Us for any loss and / or damage to the Gym or the Goods and / or Services caused by You or Your guest through a willful, wrongful or negligent act or as a result of Your, or their breach of the Membership Terms.

You acknowledge and agree that you are responsible for Your own health and safety. You use the Goods and / or Services of Fitness Playground at your own risk when you use the Good and / or Services of Fitness Playground outside of Staffed Hours. Fitness Playground is not staffed outside of the Staffed Hours. Times are subject to change at the sole direction of Fitness Playground.

26. EMERGENCIES

Fitness Playground has an emergency or crisis response procedure which is displayed and must be followed by You in any emergencies.

You must be cautious when using the Gym whilst exercising alone or outside Staffed Hours. You acknowledge and agree that any first aid kits are not available outside the Staffed Hours.

27. CHANGES TO MEMBERSHIP TERMS

Fitness Playground may amend the Membership Terms, and will display any changes in the Gym or on the Fitness Playground website. This includes changes to the Gym’s opening and closing hours, the Goods and / or Services and membership fees. Any variation to these Terms and Conditions must be in writing and signed by our authorised officer of Fitness Playground. Any changes will be effective immediately.

28. COMPLAINTS AND FEEDBACK

If you have any concerns about the Goods and / or Services provided by Fitness Playground or anything else in relation to Your membership, You should first raise it with the staff of Fitness Playground.

If You are not happy with the response given, You may send a complaint to the Gym Manager.

29. RELOCATION OF GYM

If the Fitness Playground Gym is relocated for any reason, outside of the control of Fitness Playground, We will offer You a transfer to another Gym of Fitness Playground within a 20kim radius of the existing Fitness Playground Gym.

If the Gym of Fitness Playground is relocated and You are within the 20km radius of the existing Gym, You are not entitled to cancel Your membership and / or the Fitness Playground Gym

30. OTHER TERMS

We are not responsible if You cannot use the Gym because of an event caused by a natural force (such as fire or flood) or a road or building closure or something similar beyond our reasonable control. If this continues for more than thirty (30) days, then we will offer you a transfer to another Gym within a 20km radius to the existing Gym.

The failure by Us to enforce any of Our 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 Your Fitness Playground Contract shall not be deemed to be an affirmation by Fitness Playground that Your behaviour is acceptable.

If a Court decides that any section of the Fitness Playground Contract is invalid or unenforceable, that section will be deleted from the Fitness Playground Contract.

The laws of New South Wales apply to the Membership Terms.