Terms and Conditions
Temple Fitness is a 24×7 Fitness Centre accessible during staffed and unstaffed hours. By accepting this Agreement, you agree to use the facilities at your own risk and acknowledge that Temple Fitness staff do not always supervise the club.
- You are required to use all safety features of the gym equipment.
- You are responsible for putting away all weights and equipment when finished.
- You must clean & disinfect all equipment after use, using the supplied disinfectant and wipes.
- You must not attempt a Personal Best lift without using a spotter.
You have been given an access tag as part of your membership. The tag will permit you access to Temple Fitness per your membership agreement.
- You may NOT allow guests, friends, or any non-member to attend the gym at any time without prior permission from Temple Fitness.
- You may NOT allow another member to enter the gym with your access card (Tailgating).
- You may NOT allow anyone to use your access card to gain entry into the gym (Pass-Back).
Our security system will log failure to comply with these policies, and your membership may be terminated using the supplied disinfectant sprays and wipes.
If your access tag fails or stops working, it will be replaced at no cost.
If your tag is lost, it will be replaced for a fee, as detailed in our pricing schedule.
RIGHT OF ADMISSION:
Temple Fitness reserves the right to refuse entry to anyone, including members, guests and visitors. Temple Fitness has the right to cancel your membership without warning or notice for any inappropriate behaviour so deemed by the club’s manager or staff. Including but not limited to damaging club property, intimidating or harassing staff or members, and entering the club while intoxicated or under the influence of drugs.
CHANGE OF DETAILS:
In this membership agreement, you agree to keep Temple Fitness informed of any change of address, email address, phone number, bank account or credit card details for payment and any other information relevant to your membership.
Employees or independent contractors may provide Personal Training services at the gym. Temple Fitness is not liable in any way whatsoever for the actions or advice provided to you by any Personal Trainer in the gym.
CLOTHING & HYGIENE:
Temple Fitness requires all members and guests to wear suitable clothing and enclosed sporting footwear in any exercise area. It is paramount that personal hygiene is considered when visiting Temple Fitness clubs. Clothing MUST be worn at all times, At no time are you permitted to train without a minimum of:
- Tops – T-shirt, singlet, Crop Top etc
- Pants – Tights, Shorts etc
- Shoes – Must be fully enclosed and laced footwear.
- Towel – To be used on all benches & Seats
- Drink bottle
- Deodorant – Speaks for itself.
All ongoing memberships are paid weekly or fortnightly in advance via Direct Debit or credit card. All longer-term memberships are paid in advance via debit or credit card.
Where applicable, all merchant fees (including processing and Credit) will be recovered from your nominated payment method. If they are not paid on the due date, you agree that we may continue to debit your nominated financial account with the total amount due.
Your membership fees are paid weekly or fortnightly starting from the date you nominated during your commencement. The payment pattern you nominate will not change unless Temple Fitness Management agrees. Failing to meet your membership fee obligation does not constitute a change in your payment pattern.
A failed payment fee will be added to your membership fees if your bank denies the funds transfer. The amount is detailed in our pricing schedule.
If any amount payable for your membership is not paid on the due date, access to the Club will be suspended until payments are paid in full.
Any monies outstanding for other services, i.e. Personal Training or goods purchased and late fees, may be automatically deducted from your supplied bank account/credit card if not paid at reception. Where no account details are provided, or debit authority is withheld, Temple Fitness will suspend your membership until full account details are provided.
Temple Fitness will refer your overdue account to a debt recovery service of its choice after three consecutive failed membership payments or any unpaid goods and service costs (PT, supplements, merchandise, etc.). At this time, your membership will be suspended or terminated.
All memberships have a minimum term of service. The minimum terms are:
Weekly, Fortnightly & Monthly 2 Weeks
3 Month 4 Weeks
6 Month 6 Weeks
12 Month 12 Weeks
Challenges ½ Duration
All memberships of at least three (3) months duration have a cooling off period of seven (7) days from the start date of your membership. A request for termination of membership during the cooling-off period must be made by you in writing and delivered to the Centre Manager via email to email@example.com.
Temple Fitness will refund to you the total of all membership fees paid, less a $20 Administration Fee and any fees owing for services provided by appointment (including, but not limited to, personal training, fitness programs or assessment sessions) and the relevant fees for those services. Temple Fitness will refund all monies to you within 28 days of termination. There is no cooling-off period for weekly, fortnightly or monthly memberships.
CHANGE IN MEMBERSHIP FEES:
At any time after your minimum membership term, we reserve the right to increase the membership fees charged. Temple Fitness will give reasonable written notice at least 4 weeks before any fee change. Should membership fees increase and reasonable effort be made to provide notice, you authorise Temple Fitness to increase direct debits to your authorised credit card or bank account.
SUSPENSION OF MEMBERSHIP:
Membership suspension (pausing/On hold) is available for all membership types. All suspensions must be applied for in writing via the On-Hold Request Form. The form must be submitted no later than one week before the requested commencement period. No suspensions will be granted in arrears. No pro-rata of direct debits will be granted. Any suspension time accumulated during minimum term contracts will not apply toward your minimum term.
The maximum permitted on-hold period is 6 months.
Cancellation of this membership agreement before the minimum duration stated in your membership will incur an early termination fee equal to the remaining contractual amount or $100, whichever is lesser. Following completion of the minimum term stated, your access will be stopped. You will then have the option of resigning, continuing with weekly/fortnightly membership or cancelling your membership.
Should you wish to terminate your membership, you must do so in writing via the Membership Cancellation Form. This form will be emailed to firstname.lastname@example.org upon submission. A minimum of one week’s notice is required to allow Temple Fitness to terminate all services.
Before your cancellation is processed, your written request must be received by Temple Fitness, along with any amount owed. You will receive a written response to your cancellation notice. Failure to settle any overdue fees will result in your account being passed to a debt collection service.
Infections & Diseases:
You must not attend Temple Fitness if you are/have suffered any infections or contagious illnesses, viruses, disease or other ailment or whilst suffering from any physical ailment such as open cuts, sores or minor infections where there is a risk, however small, to other members and guests. The exclusion period will be as per current Government regulations or 1 Week.
PHYSICAL CONDITION AND MEDICAL ADVICE:
You warrant and represent on the date of the contract, and repeat such warranty and representation each time you use Temple Fitness facilities, that you are in good physical condition and have no medical reason, impairment or disability that might prevent you from using Temple Fitness facilities and participating in the privilege. As such, you acknowledge that Temple Fitness, its staff and contractors did not give you medical advice before you signed this Agreement and cannot give you any after you sign this Agreement, relating to your physical condition and ability to use the facilities and participating in the privilege.
If you have any health or medical concerns, now or after you sign, we strongly advise that you discuss them with your health professional before using the Facility and participating in any exercise.
MEMBER ASSUMPTION OF RISK AND RELEASE
You acknowledge that using Temple Fitness facilities under this Agreement risks serious injury from your or another’s actions. You agree to release, defend, indemnify, hold harmless and insure, to the fullest extent permitted by law Temple Fitness or its successors or assigns from all damages, losses, expenses or liability resulting from or arising out of, caused by, attributable to, or in connection with your use of the equipment and or facilities at the gym or any incident that occurs while using the gym facilities or engaging in gym activities, on or off the gym premises or, otherwise related to your gym membership.
You must ensure that you correctly operate or use any equipment Temple Fitness provides. If you are unsure how to operate any equipment correctly, you should consult a trainer before use. Failure to do so may result in injury to yourself or others.
Introduction and acceptance of terms
- Your participation in the Challenge (Event) is governed by these Terms & Conditions (Terms).
- Your participation in the Event constitutes your agreement with, and acceptance of, these Terms, and if you do not accept these Terms you may not participate in the Event.
- Any reference to “us”, “we” or “Temple Fitness” means Kinetex Fitness Pty Ltd, Trading As Temple Fitness Booval ABN 74 635 880 527.
- We may change these Terms at any time without notice. You are responsible for keeping yourself up to date with any changes, which will be reflected on this page.
Registering for the Event
- To register and participate in the Event, you must live in Australia.
- To participate, you must register online at www.templefitness.com.au or via a challenge-specific link.
- If you are under 18, your registration and participation is subject to parental or guardian consent (see below).
- Are you under 18?
- If you are under 18 (“child” for these Terms), please make sure that you check with a parent or guardian before registering for the Event.
- If you are under 18, a parent or guardian must consent to you participating in the Event and accept these Terms.
- Please carefully read these Terms. By registering for the Event or a child you are responsible for, you agree to be bound by these Terms.
- Parents or guardians will be solely responsible for their child’s participation in the Event (refer to the Participation in the Event section below).
- Parents and guardians should speak with their child(ren) about safe internet use practices, including the safe use of personal information to be uploaded to the Challenge website and the MyCoach App. We recommend parents and guardians visit the Office of the Children’s eSafety Commissioner website for information and tips for young children, teens, and parents on how to be online safely.
Participation in the Event
- We want you to be safe and not suffer any injury or loss by participating in the Event. In selecting an appropriate challenge, consider factors such as your age, health and level of fitness. Also, consider assessing the risks and only participating if the risks can be appropriately managed. Visit the Safe Work Australiawebsite for information about undertaking a risk assessment.
- Parents and guardians should discuss with their child the proposed challenge regarding the matters referred to in the previous point.
- The participant, and any relevant parent or guardian, give their acknowledgment and agreement that they have freely chosen their Challenge and that it would be unreasonable for us to be in any way responsible for your particular challenge and, to the full extent permitted by law, you waive all of your legal rights of action against and fully release us for loss, damage, injury or death howsoever arising out of or in relation to participation in the Challenge – including, without limitation, liability for any negligent or tortious act or omission, breach of duty, breach of contract or breach of statutory duty by us, our office bearers, directors, employees or agents.
- You are not obliged to undertake a challenge, and if you do so, you participate voluntarily of your own free will and at your own risk, having considered all risks and formed a full appreciation of the nature and extent of those risks.
- You warrant you are free from any injury, medical condition, disability, disease or illness which may be aggravated by participation in a challenge you choose for the Event.
- You understand that it is your responsibility to continuously monitor your own physical and mental condition for any challenge you choose for the Event and agree to withdraw immediately if, at any point, your continued participation in a challenge could create a risk of danger to yourself or to others.
- You agree to comply with all laws, rules and regulations that may apply to your participation in the Event
- To the extent that you comment on your challenge in media, including social media, you acknowledge your comment is on your behalf, and you are not authorised to comment on behalf of us. Neither party shall act or attempt to act or represent itself, directly or by implication, as an agent for each other or in any manner assume or create any obligation on behalf of or in the name of the other party.