Terms & Conditions
These are the Terms and Conditions on which Temple Gym ("we", "us", "our" or "Temple Gym") 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.
This agreement is made between Temple Gym Pty Ltd ABN 44 950 620 732 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. Temple Gym have seven days after the formation of the Temple Gym Membership Contract ("contract") to rectify any error or miscalculation provided in the contract.
2. Temple Gym 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.templegym.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 Temple Gym or its agents or employees is excluded from this agreement.
4. Start Date
You understand that your Membership commences on the Membership start date on page one of this Agreement (or when the Club opens in the case of "pre-sales") unless terminated in accordance with this Agreement.
5. Membership Card
Membership cards are not transferable and must be shown on every visit to gain entry. Photo identification is necessary with Temple Gym membership purchase and an ID photo will be taken for the Temple Gym database records only. If you allow your membership card to be used by another person for the purpose of obtaining admission, this amounts to the repudiation of the Contract and we may terminate the contract with you paying all monies due under this contract. In the event of a lost or stolen Membership card, you should contact Temple Gym regarding the reissue of a replacement card. A fee of $15 will be charged to cover the cost of the replacement card.
No member is permitted to bring a non-member into the club. Breaching this constitutes automatic acceptance by the member of a new membership for the non-member. The club access fee, non-compliance fee ($69), in addition to fortnightly direct debit membership fee, will be charged to the member.
6. Dress Code
Fully enclosed, clean sports shoes must be worn in all public (non-studio) areas of Temple Gym and during workouts for safety reasons. You are required to wear a singlet or t-shirt at all times in Temple Gym.
7. Towels and Cleanliness
Towels must be used when participating in classes and when exercising on gym equipment to maintain hygiene and safety standards. All equipment used (including bags and mats) must be wiped down after use, using the cleaning supplies provided in two locations on the gym floor.
Lockers are available and located in Temple Gym. Please look after your personal items, Temple Gym employees, or contractors, are not responsible for any loss of personal property. To utilise the lockers provided you must collect a locker key from reception and return the key at the end of your session. All belongings must be removed from the lockers prior to close of club or they will be removed. Temple Gym takes no responsibility for these items.
9. Lost Property
We highly recommend that you use lockers for your belongings. Temple Gym does not take responsibility for loss, damage, or theft of your belongings. Any items of lost clothing will be held for one month and then donated to charity.
10. Membership Types
Use of the Club’s services and facilities are governed by the Membership Type as listed on page one of this Agreement. a) Membership Types are : i. Pre sale special, all access, 12 month minimum term contract ii. Standard membership, all access, no lock in contract iii. Standard membership, all access, 12 month minimum term contract iv. Upfront 12 month membership, paid in full v. Upfront 6 month membership, paid in full vi. Upfront 3 month membership, paid in full vii. Upfront 1 month membership, paid in full
11. Cooling Off Period
After applying for membership, you have a seven day period ("Cooling Off Period") during which you may cancel your membership. Notice must be given in writing. A refund equal to the membership fee and any additional amounts paid minus a Processing Fee and the cost of any fitness services already supplied may be applicable. If you terminate your Contract after the Cooling off Period, different conditions will apply. The following termination clauses outline your right to terminate the Contract and any fees payable in such circumstances.
12. Termination within the Minimum Term
You may only terminate the Contract without additional fees prior to the expiry of the Minimum Term with immediate effect by providing us with written notice if; - We make changes to the Contract which adversely affect you - We breach our obligations to you - You become subject to permanent medical incapacity or - You otherwise become entitled to do so under consumer legislation. A one off $200 cancellation fee will apply, or paying the term of the contract out if these conditions do not apply to your cancellation.
CANCELLATIONS MUST BE IN WRITING
13. Termination after the Minimum Term
If you have a Debited Ongoing Contract you may terminate the Contract after the Minimum Term if you provide us with 30 days written notice. During this notice period, we will continue to debit any scheduled fortnightly payments until the end of the 30-day notice period and you can continue to use facilities for the term of the payments. However, where either of us terminate the contract, any unpaid fees owing will need to be paid by you or we may take action to recover the outstanding payments. We can refuse you entry to Temple Gym at any time that your membership payments are not up to date.
CANCELLATIONS MUST BE IN WRITING
14. Termination when changes made to Terms and Conditions
You are entitled to terminate the Contract with immediate effect at any time by providing us with written notice if higher membership fees applicable to your membership are introduced or you do not continue to use Temple Gym after an amendment to these Terms and Conditions. No fees will be applicable for terminating in accordance with this clause apart from the Processing Fee, membership fees for the time you have been a member and any additional fees for fitness services already supplied.
CANCELLATIONS MUST BE IN WRITING
15. Termination where we Breach our Obligations
If we are in breach of an essential obligation under the Contract and we have not remedied that breach within a reasonable time after you have notified us of our breach in writing, you are entitled to terminate the Contract with immediate effect at any time by providing us with written notice. No fees will be applicable for cancelling in accordance with this clause apart from, to the extent not impacted by our breach, the Processing Fee, membership fees for the time you have been a member and any additional fees for fitness services already supplied.
CANCELLATIONS MUST BE IN WRITING
16. Termination for Medical Reasons
You may terminate the Contract with immediate effect at any time by providing us with written notice and producing supporting documentation to our reasonable satisfaction to demonstrate permanent medical incapacity. In that event, you will only be charged the Processing Fee, membership fees for the time you have been a member and any additional fees for fitness services already supplied.
CANCELLATIONS MUST BE IN WRITING
17. Termination Requests
All Terminations must be made in writing to Temple Gym at least 30 days prior to the cancellation date (after the minimum term specified). Requests via phone or any other mediums may not be processed. All outstanding debt must be settled prior to Termination requests being actioned.
CANCELLATIONS MUST BE IN WRITING
18. Right of Exclusion
We can refuse entry to Temple Gym, cancel your membership and/or terminate the Contract without warning or notice for inappropriate, threatening or harassing behaviour, damaging equipment or the facility, or use of illegal or performance enhancing drugs within the premises of Temple Gym.
19. Online Platform Usage Terms
You own all of the content and information you post on any online platform or messenger service that Temple Gym facilitates or operates ("the Platforms"). In addition:
For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to the Privacy Act 1988 (Cth);
You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on the Platforms or in connection with Temple Gym. This IP License does not end when you delete your IP content.
When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
We always appreciate your feedback or other suggestions about Temple Gym or the Program, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
When posting content on any online platform or messenger services operated or facilitated by Temple Gym;
You will not post unauthorised commercial communications (such as spam);
You will not collect users' content or information, or otherwise access the platforms, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission;
You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the platforms;
You will not upload viruses or other malicious code;
You will not solicit login information or access an account belonging to someone else;
You will not bully, intimidate, or harass any user;
You will not post content that is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence;
You will not use language that is profane or offensive;
You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements);
You will not use the platforms to do anything unlawful, misleading, malicious, or discriminatory;
You will not do anything that could disable, overburden, or impair the proper working or appearance of the platforms, such as a denial of service attack or interference with page rendering or other functionality;
You will not facilitate or encourage any violations of these Terms and Conditions or the Rules.
20. Payment of Fees
All membership fees may be recovered from your nominated credit / debit account (as provided at time of signup). Any bank fees charged to us because of a rejection when collecting your due membership fees may be charged directly to you by us. If a membership fee payment remains outstanding, you agree that unless we are in breach of our obligations under the contract, we may continue to debit the nominated credit / debit account for the total amount due without notice to you.
a) If an ongoing contract has been chosen, a pro rata charge for Membership will be made at the time the Membership application is accepted by Temple Gym. This charge is based on the number of days between the Membership Start Date and the First Auto Pay Date shown on page one of this Agreement.
b) Debit/charges will be made fortnightly on Thursday. In the case of new memberships their credit card/bank account will be charged/debited the first Thursday after the membership start date or later date as determined by Temple Gym.
c) Fortnightly Dues are payable in advance.
d) For multiple memberships, the primary member will be responsible for the payment of dues for all associated Memberships.
e) If you fail to pay your fees by the due date, Temple Gym reserves the right to refuse entry to the Temple Gym facility until such outstanding payment is received.
f) If for any reason payment of the member's fortnightly dues is declined, the member's credit card/bank account will be billed with an additional fee of $8.80.
21. Processing Fee
The Processing Fee is a fee used for all set up costs of all new memberships and those renewing memberships. The processing fee is not refundable even if you chose to cancel your application for membership during your Cooling off Period.
22. Membership Fee Increase
If you have an ongoing contract, we reserve the right at any time after the minimum term of the contract, to increase the membership fees to be charged. If we increase the membership fees we will provide at least 30 days prior notice of the increase by post or email to the addresses provided by you in the Application for Membership. Following such notice, you authorise us to increase any direct debits to your credit card/bank account which you have authorised upon joining. We will not use this right to vary the terms on any special offer which applies to you.
23. Outstanding Payments
As a result of outstanding debt, Temple Gym reserves the rights to refer overdue amounts to an external collections agency. In the event of payment defaults you will be liable to Temple Gym for all outstanding monies due and will be liable to pay Temple Gym debt recovery expenses and legal costs.
Except as provided in this Contract all monies are non-refundable.
You can suspend your membership for medical reasons upon provision of satisfactory supporting documentation. Membership suspension, for a period of up to three months, once each calendar year, is available provided that all amounts payable for your membership are paid up to date. All suspension must be applied for in writing to us at least 14 days prior to the commencement of the suspension period and we reserve the right to refuse any application for suspension at any time. Debit payments will only be suspended for the direct debits that fall within the suspension period. Suspension dates must coincide with pre-existing billing dates. For pre-paid Memberships, a suspension fee of $10 per fortnight is payable. For ongoing contract memberships, a fortnightly fee of $10 will be debited.
26. Damages / Personal Injury
You are aware that the use of the premises, including its facilities and participation in the classes and programs conducted by Temple Gym may involve strenuous activity and risk (special or otherwise) associated with such use and participation.
You release Temple Gym and its directors, employees, contractors and agents (the 'staff') from all liability and responsibility whatsoever.
This includes personal injury, property damage, or death however caused, but not limited to the negligence (whether passive or active) of Temple Gym or its' staff or any other person using the premises.
Please refer to the Civil Liability Act 2002 for more information. (www.legislation.qld.gov.au).
27. Responsibility for Damage
You are solely responsible for any damage which you may cause to Temple Gym, its services, products or equipment, if such damage is caused by your wilful act and / or negligence.
28. Risk Management
To mitigate risk and ensure that you correctly operate or use any of our facilities, services, products or equipment, including the adjustment of levels or settings on any equipment, you are required to undertake an orientation with a member of our staff before use.
Certain areas of the club such as the steam room carry increased risk to your health. You ensure that you are able to enter these areas without risk, before doing so.
29. Responsibility for Damage
You are solely responsible for any damage which you may cause to Temple Gym, its facilities, services, products or equipment, if such damage is caused by your willful act and/or negligence.
30. Disclosure of your Physical Condition
Provision of a safe and effective exercise program is dependent upon accurate health and fitness profiling. It is your responsibility to seek medical clearance prior to commencing any exercise program. You agree to disclose to us all relevant personal health and fitness information both prior to and during engagement in any exercise program, service or facility we provide to you, as part of your membership. This is inclusive of any health risk assessment, initial and periodic fitness assessment and relevant information or recommendations provided by your medical practitioner. You further warrant and represent that you will not use Temple Gym or any of our 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.
On the day you sign the Contract you promise us that you are in good physical condition and you know of no medical or other reason why you cannot or should not do active or passive exercise other than what you disclose to us prior to signing the Contract.
Our staff and contractors are not medically trained. They are not qualified to assess if you are in good physical condition and can exercise without risking your health, safety or comfort. If you have any doubts, we strongly urge you to seek expert advice before starting with Temple Gym.
31. Changes to your Physical Condition
If you believe at any time the Program or any activities offered by us might risk your health, you must tell us in writing with full details. You must also tell us if your medical condition changes after the Contract Date.
We may choose to refuse to offer you any further services until:
your doctor agrees in writing that you are fit to exercise; or
you show us proof that you have received medical advice on an appropriate exercise program. 32. Change of Details
You must keep us promptly informed of any changes of address, phone contact numbers, email address, bank account and credit card details for payment and any other personal information that is relevant to your membership with us.
Contractors may provide services at Temple Gym. Fees for such services are paid directly to the contractors (these may include, but are not limited to Personal Trainers and Instructors).
We take no responsibility for the fees paid to these contractors. Any claim which you might have as a result of an act or failure to act by a Licensee (whether or not payment has been made to the Licensee) will be brought against, and will be the responsibility of that Licensee and not Temple Gym.
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.
34. Interruption of Services
As a result of repair, maintenance or special occasions, Temple Gym may be required to restrict the use or temporarily close or halt Temple Gym activity from time to time. There will be no reduction, suspension, abatement, or apportionment of membership fees or other charges during such time when the above-mentioned occurs. Temple Gym manned hours of operation may be modified from time to time without prior notice to member. Temple Gym reserves the right to change the facility from time to time, to eliminate or add facilities and services, and to change the type or quantity of equipment and services. Temple Gym may from time to time reserve the use of its facilities for special events, competitions and private functions.
You acknowledge that Temple Gym reserves the right to relocate club premises. If the new premises exceed three kilometers from its original location then you may apply for the termination of this membership, in which case a refund of the unused portion of the membership less the processing fee will be calculated. You agree that any such move of less than three kilometres does not entitle the member to terminate the Membership. You expressly acknowledge that Temple Gym reserves the right to change the nature, format, presentation or number of services and facilities as deemed suitable. As much warning of any changes as is practicable, will be provided for your information at the Club, and/or on the website.
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.
37. Intellectual Property
These Terms and Conditions do not give you any intellectual property rights and may not be disclosed to any other persons.
It is illegal for anyone to smoke within 5 metres of the hospital boundaries in which we are located. Fines in excess of $5k apply for both the smoker and the hospital.
40. Statement of Commitment
Temple Gym is committed to protecting your privacy and any personal information we collect. Temple Gym complies with the Privacy Act 1988 (Cth). This policy explains how we may collect, use, disclose and otherwise handle personal and sensitive information.
Temple Gym 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, Temple Gym will only collect and use personal information as set out below.
41. Collecting personal information
Temple Gym 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. Temple Gym may also use the information for marketing to you or for any other purpose permitted under the Privacy Act 1988 (Cth).
You don't need to identify yourself when you deal with us (e.g. to find out more about membership packages) however in certain situations we will only deal with individuals who have identified themselves to us.
When a membership or product is purchased personal information will be requested in order to provide the requested service or product, provide updated information, and advise of other Temple Gym products, which may be of interest to you. You are not obligated to provide personal information however failure to do so may result in Temple Gym being unable to provide services or products to you.
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 Temple Gym.
42. Collecting Sensitive Information
43. 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 Temple Gym;
To render services under a member's membership agreement;
To provide information about products, service and/or special offers to members; To obtain opinions or comments about products and/or services from members; To record statistical data for marketing analysis from members.
Temple Gym may employ other companies or service providers to assist us in providing our services, including (but not limited to) marketing, market research, mail-house services, hosting and product development services, analysis of member lists and/ or consulting services. These third parties may have access to personal information that is needed to perform their specific function. They cannot use that information for other purposes.
Temple Gym recognises the trust with which individuals provide personal information, and 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 Temple Gym, any Temple Gym group company, or any member of the public, or to lessen a serious threat to a person's health or safety.
44. Contact by Temple Gym
Temple Gym does not send advertising information without obtaining prior consent. If an individual receives communications from Temple Gym which they do not wish to receive, they may remove their name from the database by contacting Temple Gym at email@example.com
45. Storage and security of personal and/or sensitive information
Temple Gym takes all reasonable steps to keep secure personal information recorded and to keep this information accurate and up to date. The personal information is stored on secure servers if in digital format, or in locked areas if in hardcopy format: these repositories are protected in controlled facilities. Temple Gym employees and data processors are obliged to respect the confidentiality of any personal and/or sensitive information held by Temple Gym. Temple Gym only permits authorised personnel to access your information and information will only be disclosed to third parties where they have the appropriate authority. We destroy or de- identify personal information we no longer need, wherever possible.
46. Temple Gym and links to other web sites
Temple Gym provides links to web sites outside of the Temple Gym site. These linked sites are not under the control of Temple Gym, and Temple Gym is not responsible for the conduct of companies linked to the Temple Gym web site, nor for the performance or otherwise of any content and/or software contained in such external websites.
47. Problems, queries or complaints
If you are not satisfied with the result of your complaint to us, you can refer your complaint to the:
Office of the Australian Information Commissioner Phone 1300 363 992
Post GPO Box 5218
Sydney NSW 2001
Online Form: www.oaic.gov.au (Privacy Complaint Form).
48. ALLOWING US TO USE YOUR IMAGE
We sometimes film or photograph the club so it is possible you will appear in the background. By signing this document, you allow us to use your image in promotional and other business-related material and you allow us to use any material posted by you on the any online platform or messenger service facilitated by Temple Gym.