
// QUEENSLAND STRENGTH & CONDITIONING
1. Things to know before accessing Queensland Strength & Conditioning This agreement is governed by the Agreement Formation & Acceptance provisions set out in clause 1.4. You confirm that; • you are medically sound to undertake a normal course of exercise, you use the gym/club facilities at your own risk, subject to any rights that cannot be excluded under the Australian Consumer Law and you are aware that exercise is physically demanding and participation in some activities may pose a risk to your health; and • this agreement also relates to your authority to Stripe or other debiting agent nominated by Queensland Strength & Conditioning from time to time to directly debit the nominated bank account or credit card for any instalments or fees due under the terms and conditions of this Agreement. These terms and conditions are set out in this agreement and can also be accessed via the Push Press member app or on the Queensland Strength & Conditioning website. As a member or visitor, you can use our gym and health club in line with these terms and conditions, including the ‘gym rules’ (posted at the front entrance).
Asia Pacific Fitness Group Pty Ltd TAS Queensland Strength & Conditioning ABN 52640581657
1.1 What types of membership do we have? General General Access Gym • Unlimited gym/club access between 6:00am - 10:00pm daily. • Recurring payment, no lock-in contract. Fees are charged in advance for the selected billing period. Billing period means the recurring period you select at purchase (e.g., monthly). You may cancel at any time, with access continuing until the end of the current paid period. No refunds are provided for unused time. If you cancel after a scheduled payment has been processed, that payment will not be refunded or backdated. • You may request cancellation at any time. In the event a recurring membership was purchased with a billing period length less than 1 month, a minimum of one full billing period’s notice is required. Visitors 1 Week Pass • Unlimited gym/club access between 6:00am - 10:00pm daily. • Non-recurring payment valid for 1 week access. Casual Pass • Casual/Single Session gym/club pass. • Single payment for single visit access. Personal Training 1on1 or 1on2 Personal Training. • At least 24hrs notice required for scheduled session cancellation. Payment to be made in advance at a pre-agreed frequency/duration. In such case of late cancellation/ no-shows; the session value will be forfeited in full. • Terms also include in person consultations or appointments. Remote Reform • Recurring payment, no lock-in contract. Fees are charged in advance for the selected billing period. You may cancel at any time, with access continuing until the end of the current paid period. No refunds are provided for unused time. If you cancel after a scheduled payment has been processed, that payment will not be refunded or backdated. Hybrid PT , Online Coaching, Consultations or Appointments • May include training, nutritionist consultation. • Subscription based products to incur recurring payment, no lock-in contract. Fees are charged in advance for the selected billing period. You may cancel at any time, with access continuing until the end of the current paid period. No refunds are provided for unused time. If you cancel after a scheduled payment has been processed, that payment will not be refunded or backdated. • Consultations or Appointments require at least 24hrs notice for cancellation. Payment to be made in advance at a pre=agreed frequency/duration. In such case of late cancellation/ no-shows; the consultation or appointment value will be forfeited in full. Special • Please check in gym/club or at www.qscgym.com for any current special offers* *Subject to availability 1.2 Do we offer any discounts? Using a preferred partnership discount You may receive a preferred partnership discount if you are an employee or a participant of a business or organisation we have a current agreement with. These will be offered at discretion and are subject to change. Please ask us for more details. Setting up a family membership We offer a discounted rate on some membership types to immediate family, if: • we can link the family member/s to a primary, full-paying member • the primary member agrees to pay for the membership/s from the same account. If the primary member cancels his or her membership, the family member’s fees will still be debited from the primary member’s payment method but not at the discounted rate. If the primary member cancels these payment details, the family member must then pay for his or her own membership but not at the discounted rate. 1.3 How old do you have to be? Meeting our minimum age You must be at least 16 years old to access or use the facilities. Aged 16–17 Queensland Strength & Conditioning may require verification of parental or guardian consent before permitting access. Acceptance by conduct in clause 1.4 does not apply to persons under 18 years of age unless a parent or legal guardian has provided consent. • If you are under 18 years of age, a parent or legal guardian must: • consent to your participation; • complete and accept this agreement on your behalf • By permitting a minor to access the facilities, the parent or guardian: • confirms they have authority to provide consent; • accepts responsibility for the minor’s participation; and • agrees to be bound by these terms on behalf of the minor. Queensland Strength & Conditioning reserves the right to refuse access to any person under 18 years of age where appropriate guardian consent has not been obtained. Aged Under 16 Persons under 16 years of age are not permitted to purchase a membership, access the gym floor, or use the facilities independently. • Children under 16 may only access the facilities where: • participation is part of a pre-approved, supervised program, lesson or assessment; and • a parent or legal guardian has provided prior written consent. • At all times, children under 16 must: • remain under direct supervision of Queensland Strength & Conditioning / approved program staff or • be accompanied by their parent or legal guardian, where expressly permitted. • Queensland Strength & Conditioning reserves the right to refuse or revoke access to any child under 16 at its sole discretion. Nothing in this clause excludes, restricts or modifies any rights that cannot be excluded under the Australian Consumer Law. 1.4 When does your agreement start? Agreement Formation & Acceptance This agreement becomes effective immediately upon the earliest of: • your purchase of a membership, pass, or service; • your first entry into the gym or club; or • your commencement of any training, coaching or use of the facilities, whether or not this agreement is signed. By purchasing, entering, or participating, you acknowledge that you have had a reasonable opportunity to review these terms and agree to be bound by them. If you do not agree to these terms, you must not purchase, enter the facility, or participate in any activity offered by Queensland Strength & Conditioning. Nothing in this clause excludes, restricts or modifies any rights or guarantees that cannot be excluded under the Australian Consumer Law. Paying a start up fee There are currently no start up fees application to Queensland Strength & Conditioning membership types. Should this change this will be specified as per membership agreement / sign up instructions. Understanding our rights If we do not enforce our agreement rights at any time, it does not mean we have waived those rights, no matter how long we wait. If there is a miscalculation in your membership agreement, we have 5 days after the agreement is signed to correct it. 1.5 What about your health? Promising you are in good health By purchasing, entering the facility, participating in activities, and each time you access or use the facilities, you acknowledge and agree that: • You confirm that you are in good physical condition and know of no medical or other reason why you cannot or should not participate in physical exercise or use the facilities. • You understand that participation in physical exercise, including strength training, resistance training, cardiovascular activity and the use of gym equipment, involves inherent risks, including the risk of injury, illness, permanent injury or death. • You acknowledge that you are responsible for selecting appropriate loads, intensities and techniques and for exercising within your own physical limits at all times. • Unless you are booked into a supervised session, you acknowledge you are training unsupervised and remain responsible for safe technique, load selection and use of equipment. • You voluntarily assume all risks associated with your participation and use of the facilities, whether those risks are known or unknown, foreseeable or unforeseeable, and whether arising from your own actions, the actions of others, or the condition of the facilities or equipment. • You acknowledge that Queensland Strength & Conditioning staff and contractors are not medically qualified and do not provide medical advice or medical assessments. • You agree that you are solely responsible for determining whether you are physically and medically fit to participate in any activity offered at the club. • If you have any doubts about your health or ability to exercise safely, you agree to seek advice from a qualified medical professional before commencing or continuing exercise. • You agree to immediately cease exercise and notify staff if you experience pain, dizziness, discomfort or any other adverse symptoms during training. Nothing in this clause is intended to exclude, restrict or modify any rights or guarantees that cannot be excluded under the Australian Consumer Law.2. Things to know during your membership 2.1 When do you pay membership fees? Paying for ongoing memberships You pay fees for ongoing membership fees in advance by direct debit from a bank account or credit/debit card. You can pay your membership fees as far in advance as you like, up to the legal time limits. However, you still need to provide your account details for when your advance payments end. Should there be any arrears in payments you authorise Queensland Strength & Conditioning to debit the outstanding balance in order to bring the account up to date. Paying upfront You can pay upfront for some memberships. For a Pre Paid membership, you will pay on the day you buy it. Renewing your upfront membership When your membership is due to end you can renew your membership at the current membership rate. By renewing your membership, you agree to the membership terms that apply at that time. 2.2 How do direct debits work? Paying by Direct Debit Your membership fees will be debited from your nominated account at the agreed payment frequency, as set out in your membership agreement. You request and authorise us to arrange for any amount we may debit or charge you to be debited by third party direct debit billing service provider, Stripe from your account subject to their terms and conditions. Meeting your responsibilities You must make sure: your account can accept direct debits (your financial institution can confirm this) there is enough money in your account on the payment day and the next 5 days you tell us if you are transferring or closing your account, at least 48 hours before your next direct debit you tell us about any changes to your credit card, such as its expiry date or number, at least 48 hours before your next direct debit. Please notify Queensland Strength & Conditioning if you want to change or stop your direct debits. 2.3 What happens if your payment is late or fails? Losing your gym/club access If you do not fully pay your fees on the due date, we will suspend your gym/club access until your payments are up to date and you have given us your account details. Paying your outstanding debts We will continue to debit your nominated account without notice along with any late fees that apply, until we have received the total amount you owe us. Queensland Strength & Conditioning will make a reasonable effort to let you know beforehand by: phoning you or speaking to you at the gym/club writing to the email address you last gave us For membership/s in your name, you must make sure that the payment method you choose continues for the duration of your agreement. This includes third-party accounts. If the details you give us fail, you are liable for all resulting fees. You should update your details if required. If the debit remains outstanding it will be processed within 14 days of the reversal with any reversal along with any late fees that apply. If you default in payment of your membership fees we may send your outstanding debt to a third party debt collection agency to collect your outstanding fees. If this debt is sent to a third party further fees and charges may be payable. 2.4 Can we change your agreement? Staying up to date with our terms We may sometimes add to, change or remove our terms and conditions. The most up-to-date terms and conditions always apply. You can find copies at Queensland Strength & Conditioning, within the member app and at qscgym.com/terms 2.5 Can we increase your fees? Upon the expiration of a prepaid or upfront membership fees may be adjusted to reflect and debited at current product pricing unless notice of cancellation is given to Queensland Strength & Conditioning prior in writing. 2.6 How can you protect your health? Telling us about your health risks If you believe any gym activities might risk your health, you must tell us this in writing with full details. You must also tell us if your medical condition changes after you join. We may choose to refuse your membership agreement until: your doctor agrees in writing that you are fit to exercise you show us proof that you have received medical advice on an appropriate exercise program. Any nutrition advice should be considered general in nature, subject to a health screening questionnaire. Managing infections and illnesses You must not use club facilities if: you have an infection, contagious illness or physical ailments, such as an open cut or sore there is any other risk, however small, to other members and guests. 2.7 How can you give us feedback? We welcome your feedback Your feedback is important in helping us to provide a great service. In gym/club We are always happy to help. Talk to us directly at any time. Online Send us a message by completing our enquiry form via our website or email, dan@qscgym.com . You will hear from us within 5 business days.
3. Things to know at the end of your membership 3.1 How can you cancel your membership? Cancelling your membership • You can cancel your membership by emailing dan@qscgym.com 3.2 Notice and billing periods Cancelling your membership You or we may cancel an ongoing membership in accordance with clause 3.1 and any notice requirements displayed at sign-up. When you cancel, you must pay any fees you owe, and we may take action to recover outstanding amounts. Giving us notice Notice requirements depend on the billing period selected at purchase and will be shown at sign-up. Any remaining duration of a billing period will not be refunded. Refunds will not be issued for any pre paid products. 3.3 Can you cancel any time? Current membership options are no lock-in, with the notice period if applicable for cancellation to be observed. Refunds will not be issued on notice periods, or for pre paid products. 3.4 Can you cancel if we change the agreement? Cancelling if changes to terms and conditions adversely affect you. We reserve the right to change or add to these membership terms and conditions or the club code. If by making such changes you are adversely affected you may terminate this agreement. For the avoidance of doubt, however, changes to club timetables, facilities and hours of operation does not constitute a change of this membership agreement for the purposes of this clause.
4. Club Code Gym Rules means the rules displayed at the entrance and/or communicated in the member app, as updated from time to time. A copy is displayed at the gym/club entrance. 4.1 What rules apply to our facility? Respecting our equipment You are responsible for using our facility and equipment correctly, including adjusting levels or settings. If you are not sure how to operate any equipment, please ask staff before you use it. Note that you will be responsible for any damage that you or your guests cause through a wilful act or negligence. As a courtesy to other members, please: • Use a clean towel when you use equipment. • Put equipment away after use Wearing suitable clothes All members and guests must wear suitable clothes and enclosed sports shoes in any exercise areas. We do not allow clothes with offensive images or inappropriate advertising. Shirtless training is not allowed. After hours breaches The facility must be vacated by 10pm. Any gym users caught using the gym/club after this time will be subject to a fee equal to the security call-out cost plus an administration fee. Any charges or fees imposed will be reasonable and reflect the costs incurred. Parking You park in the gym/ club’s car park or on club premises at your own risk. We are not liable for any loss or damage to your vehicle or its contents. 4.2 Can you bring guests to the club? Paying for guests You can bring guests into the club during staffed hours for a casual rate fee. For safety reasons, children can only wait in the gym/club if accompanied by a parent or guardian who is seated/standing with them. Any unauthorised entry of non-paying guests will result in a charge equal to the value of the entry or entries plus an administration fee. Any charges or fees imposed will be reasonable and reflect the costs incurred. Meeting our conditions Your guests must: • be at least 16 years old • be accompanied by you and leave when you do • complete an online casual agreement • follow the applicable clauses of these terms & conditions and all other signs and handouts. 4.3 Can you bring a personal trainer or instructor? Unauthorised Personal Training Unauthorised personal training, or instruction is strictly prohibited within the facility. Only certified personal trainers officially authorised by Queensland Strength & Conditioning are permitted to provide fitness instruction, coaching, or training services. Members and guests may not conduct personal training sessions with others—whether compensated or uncompensated—under any circumstances. Failure to adhere to this policy constitutes a breach of these terms and may result in the immediate suspension or cancellation of membership or access without a refund. 4.4 What happens if you break the code? Being Refused Entry Or Receiving A Warning We can refuse entry to anyone, including members, act unreasonably or break the code. We may also warn you that you risk having your membership cancelled. If you continue to behave in the same way, we may cancel your membership immediately. Additional charges, and administration fees may also apply to code breaches. Facing instant cancellation We can cancel your membership without warning if you behave in a way that is risky or seriously inappropriate, such as: • threatening or harassing others • damaging equipment
5. Legal stuff you need to know 5.1 What are your responsibilities? Meeting your responsibilities You must tell us about anything that affects your membership, and any changes to your contact and bank details. 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 • not take valuables into the gym/club, even if you plan to put them in a locker. 5.2 Do we have a privacy policy? Understanding our privacy policy Your “personal information” (as that term is defined in the Privacy Act 1988 (Cth)) will only be used by Queensland Strength & Conditioning in accordance with the provision of their Privacy Statements. During your membership, we will have access to personal information about you, such as about your health and financial situation. We will only use, disclose or deal with your information in line with our privacy policy. This Privacy Policy applies to the services offered by Asia Pacific Fitness Group Pty Ltd TAS Queensland Strength & Conditioning ABN 52640581657. 1. Statement of Commitment Queensland Strength & Conditioning is committed to protecting your privacy and any personal information we collect. Queensland Strength & Conditioning complies with the Privacy Act 1988 (Cth). This policy explains how we may collect, use, disclose and otherwise handle personal and sensitive information. Queensland Strength & Conditioning is committed to safeguarding personal privacy. It recognises that individuals have a right to control how their personal information is collected and used. Providing personal information is an act of trust and it is taken seriously. Unless given consent to do otherwise, Queensland Strength & Conditioning will only collect and use personal information as set out below. For the purposes of this Privacy Policy personal information may mean some or all of the following: A member’s name, contact details, date of birth, emergency contact details, bank account and/or credit card details, student identification details, employment details, payment history and sensitive information. 2. Collecting personal information Queensland Strength & Conditioning will not collect or monitor any personal information about an individual without their consent. The only personal information collected is what is provided voluntarily by a member or prospective member. We collect personal information primarily to enable us to provide members with our services or functions related thereto. Queensland Strength & Conditioning may also use the information for marketing to you or for any other purpose permitted under the Privacy Act 1988 (Cth). Personal information is collected directly from members or potential future members when they personally complete and submit an application form to become a member of Queensland Strength & Conditioning. 3. Collecting Sensitive Information For the purposes of this Privacy Policy sensitive information means the information a member has disclosed to us about their physical and mental health and well being. Sensitive information will only ever be used for providing services to members. Such information will not be used or disclosed for any other purposes without consent, except in exceptional cases when disclosure may be required by law or is necessary to protect the rights or property of Queensland Strength & Conditioning, or any member of the public, or to lessen a serious threat to a person’s health or safety. For the purposes of this Privacy Policy sensitive information is a subset of personal information. 4. Using and disclosing your personal information Personal Information will be used for the following primary purpose: • To fulfil obligations under a member’s membership agreement and/or any other contract between him/her and Queensland Strength & Conditioning; • To render services under a member’s membership agreement; • To provide information about products, service and/or special offers to members; • To record statistical data for marketing analysis from members; • To process and consider an application for employment; • To promote and market all current and future Queensland Strength & Conditioning businesses, venues, products and services; • To assist with Queensland Strength & Conditioning internal business processes; • To conduct market research and/or to improve Queensland Strength & Conditioning’s products and service offerings; • To administer contests, promotions and surveys; • For any other purposes that could be reasonably expected of Queensland Strength & Conditioning; and • To enable Queensland Strength & Conditioning to comply with its obligations under law. . Queensland Strength & Conditioning may employ other companies or service providers to assist us in providing our services or any functions related to our services, including (but not limited to) marketing, market research, mail-house services, debt recovery functions, hosting and product development services, analysis of member lists and/ or consulting services. For the avoidance of doubt, Queensland Strength & Conditioning may disclose your personal information to our partner debt collection agencies and other parties that assist with debt collection. Queensland Strength & Conditioning may disclose, and these third parties may have access, to the personal information that is needed to perform their specific function. They cannot use that information for other purposes. Allowing us to use your image. We sometimes film or photograph the club and you may appear in the background or foreground. By entering the facility or participating in activities, you consent to incidental photography or videography. 5. Individual’s right of access Individuals have the right to review, amend or delete personal and/or sensitive information that may be recorded with Queensland Strength & Conditioning. Information may be reviewed, amended or deleted by requesting via email at dan@qscgym.com A request may be made to delete personal and/or sensitive information, and all reasonable steps to delete the information will be made, except where it is required for legal reasons. 6. Queensland Strength & Conditioning and links to other websites Queensland Strength & Conditioning may provide links to external websites. These linked sites are not under the control of Queensland Strength & Conditioning, and Queensland Strength & Conditioning is not responsible for the conduct of companies linked to the Queensland Strength & Conditioning website, nor for the performance or otherwise of any content and/or software contained in such external websites. 5.3 What happens if you have issues with outside providers? Outside providers may include services such as personal training, specialised group fitness, physiotherapy and massage. You will need to pay service fees directly to them and we are not responsible for those fees or for any associated costs or refunds. Claiming against these providers Any service they provide is a contract between them and you and we cannot accept any responsibility for a breach of contract or negligence.
Member access only • No persons under 16 unless under QSC trainer supervision • Please use a towel and bring a water bottle • Please put equipment away after use • Please don’t drop weights on the floor; use the fitness foam or rubber matting provided • Follow the equipment safety instructions, if unsure ask for help • LL Deadlift bar for deadlifts only • Torsonator to be used with silver chrome Olympic bar, or Rogue axle bar only • If training alone, please utilise the emergency lanyards provided • No access to any electrical hardware (excludes media devices) • Be kind and supportive of your gym family, and have fun!
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