CHOPPER’S GYM TERMS AND CONDITIONS.
Chopper’s Gym Terms and Conditions
Chopper’s Gym General Membership Agreement
TERMS AND CONDITIONS OF THIS AGREEMENT
This is an important document which affects Your legal rights and obligations. Before commencing Your Membership with Us, You must read the following terms and conditions. By becoming a Member, You confirm You have read, fully understand, and agree to abide by the following terms and conditions.
1. WELCOME
1.1 This Agreement and the Chopper’s Gym rules govern Your rights and responsibilities as a Member.
1.2 Each Member is responsible for complying with this Agreement and the Chopper’s Gym rules.
1.3 This Agreement governs the following types of Membership Plans:
- Free Trials;
- Casual Memberships;
- Up Front Memberships;
- Fixed Term Memberships; and
- Ongoing Memberships.
1.4 By purchasing a Membership (whether in-person or via the Membership App), You:
- agree to be bound by this Agreement; and
- acknowledge and agree that You understand the Membership Fees applicable for the Membership Plan You have purchased.
1.5 You are responsible for advising Us of any change of name, address, other contact details, payment details and method and change of circumstance (including anything that may affect Your and/or other's health or safety) in writing by email. Documentation verifying a name change is required.
1.6 If You join under a particular offer, such as a special offer, You must give Us proof that You are eligible for that offer.
1.7 By becoming a Member, you understand that this Agreement is legally binding whether your use is limited to a Casual Membership or you are on a different Membership Plan.
2. COOLING OFF FOR MEMBERSHIP PLANS LONGER THAN 3 MONTHS
2.1 With respect to Membership Plans with a term of 3 months or longer, if You change Your mind after joining, You may, within 7 days starting on the date on which You entered into this Agreement, cancel Your Membership. To be effective, You must let Us know in writing at any time during this 7-day cooling off period. Your written cancellation can be given to Us personally or by email. If You cancel Your Membership under this clause, We will charge You for any services or products already supplied.
3. UNDER 18
3.1 If You are under 18 years of age, Your parent or guardian must sign this Agreement on Your behalf.
3.2 By signing this Agreement, Your parent or guardian agrees to be responsible for ensuring that You train safely, pay Your Membership fees, follow the Chopper’s Gym rules, and comply with this Agreement.
4. TERM OF AGREEMENT
Free Trial Membership:
4.1 This Agreement commences on the date You sign up for a Free Trial and continues until the end of the relevant class or training session.
Other types of Membership:
4.2 This Agreement commences on the date You purchase a Membership (or such other date as We agree), and continues for:
- Casual Memberships, until the end of the relevant class or training session;
- Up Front Memberships and Fixed Term Memberships, until the end of the fixed term of that Membership, as specified in the Membership App (or as extended in accordance with clause 21.4); and
- Ongoing Memberships, until either We or You cancel the Membership in accordance with the terms of this Agreement (or as extended in accordance with clause 21.4).
5. ACKNOWLEDGMENT OF RISKS
5.1 You agree that You are fully aware and understand that in general, kickboxing, Muay Thai, boxing, and their related activities carry a significant and serious risk of injury, infection, infliction of a medical condition, or death.
5.2 You voluntarily assume all such risks associated with Your participation in training at Chopper’s Gym, and assume sole responsibility for any injury, infection, infliction of a medical condition, death or property damage You may suffer.
6. HEALTH AND SAFETY
6.1 When You enter into this Agreement and each time You use the Chopper’s Gym facilities and services, You warrant that You have no injury or condition that may impact on Your ability to train at Chopper’s Gym. You acknowledge that You understand You are solely responsible to ensure that You are physically, medically and mentally fit at all times to train at Chopper’s Gym. If You have any injury or conditions that may affect Your ability to so train, You acknowledge that it is Your sole responsibility to seek medical advice to ensure that You may train at Chopper’s Gym, and to advise the trainers at Chopper’s Gym.
6.2 You agree to give Us all relevant personal health and fitness information both before and during the course of any training session, program or other activity. In some cases, We will require You to seek medical guidance before training. You acknowledge that pre-exercise or other screening is no substitute for medical advice and does not guarantee against injury or death.
6.3 You warrant that information You give Us will be true and accurate and not misleading in any way. You must not use the facilities and services if You are suffering from any illness, disease, injury or other condition that could be a risk to Your health or safety or that of other members and others.
6.4 We may suspend or cancel Your Membership if We have reason to suspect that You have not complied with clause 6 of this Agreement.
7. GYM RULES
7.1 We may provide You with Chopper’s Gym rules from time to time, as well as posting them to the Chopper’s Gym website or displaying them around Chopper’s Gym facilities. The Chopper’s Gym rules apply to everyone using the facilities and services.
7.2 The Chopper’s Gym rules form part of this Agreement so You must make sure You read, understand, and follow them at all times.
7.3 If You break any of the Chopper’s Gym rules, We will respond in a way We consider fair and appropriate. For example, in less serious cases, We may give You a warning, but in serious cases or where You have repeatedly broken the Chopper’s Gym rules, We may suspend or cancel Your Membership. If Your breach causes Us or another person costs, loss or damages, You agree to pay for these.
8. FOLLOWING DIRECTIONS
8.1 You agree to follow all reasonable directions of Chopper’s Gym coaches, trainers, and staff relating to health, safety, security, or related matters (for example, with respect to using equipment, wearing appropriate training gear, or training).
8.2 You understand that any non-compliance with those directions may result in injury, infection, infliction of a medical condition, death or property damage
9. ORIENTATION
9.1 You may be required to participate in a member orientation to familiarise You with the facilities and services before You use them.
10. PROPER USE OF EQUIPMENT
10.1 You must use the facilities and services safely, properly, and with due care. If You do not know how to use any equipment properly, You must ask the Chopper’s Gym staff before You use it.
11. BAD BEHAVIOUR
11.1 We reserve the right to suspend or cancel Your Membership immediately if:
- in Our opinion, You do not behave in a correct and orderly manner, respecting the entitlement of all Members to use the Chopper’s Gym facilities in peace and without disturbance or disruption by You;
- You do not comply with the reasonable directions of Our coaches, trainers, or staff;
- You misuse Our products, services, or facilities, or use them for purpose other than the use for which they were designed or intended;
- You distribute or use illegal or performance enhancing drugs in or near Chopper’s Gym;
- You enter Chopper’s Gym facilities or its surrounds under the influence of drugs or alcohol;
- You are abusive or aggressive to Our coaches, trainers, or staff, or other Members, or act in a manner that is lewd or provocative;
- You do not adhere to the terms of this Agreement; or
- any declaration You make concerning Your age, health or susceptibility to injury is false, misleading or otherwise deceptive.
11.2. For the purposes of clause 11.1, a Chopper’s Gym coach’s, trainer’s, or staff’s statement that You have acted in a way mentioned in clause 11.1, is evidence of You doing so.
11.3 You acknowledge that engaging in any commercial or business activities in Chopper’s Gym, such as offering training services or selling goods in Chopper’s Gym is prohibited, unless We grant You written permission to do so. If We do give You written permission, We may revoke this at any time.
11.3 You acknowledge and agree that if You engage in behaviour contemplated by clause 11.1 or 11.3, We may take appropriate action, including immediately suspending or cancelling Your Membership, and/or referring the matter to appropriate authorities. If Your conduct causes Us or another person costs, loss or damages, You agree to pay for these.
12. SECURITY
12.1 The Chopper’s Gym premises have CCTV security cameras recording 24-hours a day (except in bathrooms and changerooms) and may have remote video guarding services. This system is used for security purposes but does not guarantee against harm.
13. EMERGENCIES
13.1 You may use any Chopper’s Gym emergency apparatus only in an emergency. If You deliberately use emergency apparatus inappropriately, You agree to pay for any costs, loss or damages incurred because of this inappropriate use. Chopper’s Gym may also have an emergency or crisis response procedure displayed which must be followed in emergencies.
14. FIRST AID ASSISTANCE
14.1 You consent to receive first aid and medical treatment by Chopper’s Gym coaches, trainers, staff or others in the event of an accident, injury or illness while training at Chopper’s Gym. You fully understand that medical attention or treatment provided at Chopper’s Gym will be first aid only, and You hereby release the Chopper’s Gym Group and any others administering the first aid from any liability for administering such aid.
15. MEMBERSHIP FEES
15.1 The Membership Fees You must pay are set out on the Chopper’s Gym website, at https://www.choppersgym.com.au/
15.2 Casual Membership Fee: When entering into a Casual Membership, You must pay the casual Membership Fee prior to participating in the relevant class or training session.
15.3 Up Front Membership Fee: When entering into an Up Front Membership, You must prepay the entirety of the Membership Fee on or before the date Your Membership commences.
15.4 Fixed Term Membership Fee: When entering into a Fixed Term Membership, You must pay Membership Fees by instalments in advance, on a fortnightly basis, by direct debit until the end of the relevant fixed term.
15.5 Ongoing Membership Fee: When entering into an Ongoing Membership, You must pay Membership Fees by instalments in advance, on a fortnightly basis, by direct debit until You or We cancel Your Ongoing Membership in accordance with the terms of this Agreement.
15.6 If You do not make a payment when it is due:
- We may suspend Your Membership, and may refuse You access to Chopper’s Gym facilities and services, until all outstanding amounts have been paid; and
- Membership Fees and other charges may continue to accrue during the suspension period.
15.7 We may terminate Your Membership if any Membership Fees remain unpaid. You will still be liable for all unpaid amounts.
16. MEMBERSHIP FEE INCREASES
16.1 We will make reasonable efforts to tell You of any Membership Fee changes. If Your Membership Fees are varied, You authorise any debits from Your nominated account to also be varied.
17. NO SHOW TO TRAINING
17.1 Class or personal training cancellations must be done at least 45 minutes before the class or personal training session is scheduled to start. We may charge (at our discretion) a no-show fee if Your Membership includes unlimited training, and in the instance Your Membership is for limited training sessions, We may deduct 1 credit from Your pack.
18. DIRECT DEBIT PAYMENT AGREEMENT
18.1 You acknowledge that any Membership Fees that You pay by direct debit will be through a third-party biller.
19. AUTHORITY TO DEDUCT FEES
19.1 By nominating a credit or debit account, You hereby authorise Us to arrange, through a third-party biller, to debit Your account of all Membership Fees and associated fees and other amounts due by You under this Agreement. You must keep Your account details up to date.
20. LATE OR REJECTED DIRECT DEBIT PAYMENTS
20.1 You must ensure there is enough money in Your nominated account on each scheduled payment date (or the next working day if that falls on a day when banks do not process payments).
20.2 If there is not enough money in Your nominated account, or there is another reason that Your account was unable to be debited (except one within the third-party biller's control), You acknowledge and agree that You will be charged the third-party biller's administration fee. Prior arrears may also be included in Your next debit amount.
20.3 You authorise the third-party biller to deduct any unpaid arrears outstanding on Your account.
20.4 You acknowledge and agree that Your bank or credit provider may charge You a fee for overdrawing Your account if You do not have enough money in Your account when payment is due.
21. PUTTING YOUR MEMBERSHIP ON HOLD
21.1 Provided Your Membership Fees are up to date, You may temporarily suspend Your Membership for any reason for a minimum period of 14 days, up to a maximum period of 3 months.
21.2 You acknowledge and agree that any suspension of Membership will incur suspension fees for the duration of the suspension, as set out at the Chopper’s Gym website, at https://www.choppersgym.com.au/
21.3 We may agree to suspend Your Membership for more than the maximum period of 3 months for travel, medical or hardship reasons, but You must give Us proof (such as supporting documents) to our reasonable satisfaction.
21.4 For Fixed Term Memberships, the term will be extended for the same time as the suspension period. For Ongoing Memberships, direct debit payments that fall in the suspension period will also be suspended (except the suspension fee(s)).
22. WHEN YOU MAY CANCEL YOUR MEMBERSHIP
CANCELLING FOR CONVENIENCE
22.1 You may cancel Your Membership for any reason, provided:
- You give Us 7 days’ prior written notice of your intention to cancel;
- all Membership Fees or other fees such as suspension fees due to Us as at the date of cancellation are paid in full; and
- for Fixed Term Memberships, You pay the then applicable cancellation fee, the details of which are available at the Chopper’s Gym website, at https://www.choppersgym.com.au/.
CANCELLING FOR BREACH OR UNDER AUSTRALIAN CONSUMER LAW
22.2 You may cancel Your Membership without giving Us prior notice if:
- We have materially breached a provision of this Agreement, and have not fixed this in a reasonable time of You asking Us in writing; or
- You are entitled to cancel under Australian consumer laws.
CANCELLING MEMBERSHIP – REFUNDS
22.3 For Up Front Memberships, if You cancel Your Membership due to Our breach of this Agreement or You are entitled to cancel this Agreement under Australian consumer law, You will be entitled to a refund of any unused Up Front Membership Fee, less a reasonable administration fee.
22.4 Except in relation to a cancellation during the cooling-off period or as provided under clause 22.3 (i.e. Our material breach or under Australian consumer law), You acknowledge and agree that with respect to any type of Membership Plan, You are not entitled to, and We are not liable to provide, a refund of any Membership Fees under any circumstances, including for the cancellation or termination of this Agreement for any reason.
CANCELLATION – MEMBERSHIP FEES FOR SERVICES SUPPLIED
22.5 If You cancel Your Membership, You acknowledge and agree that You are liable for Membership Fees for services already supplied (including the Chopper’s Gym facilities being available for Your use), irrespective of whether You utilised those services.
23. WHEN WE CAN CANCEL YOUR MEMBERSHIP
23.1 In addition to our other rights under this Agreement, We may terminate Your Membership (and this Agreement) if You breach any obligation under this Agreement that cannot be fixed, or if You breach an obligation that can be fixed, but You do not fix it in a reasonable time (as determined by Us).
23.2 If We terminate Your Membership due to a breach, You will be liable for Membership Fees for services already supplied (including the Chopper’s Gym facilities being available for Your use), irrespective of whether You utilised those services. We may also charge a cancellation fee and/or for recovery costs, loss, or damages caused by Your breach.
23.3 As at the date on which You enter into this Agreement, You warrant that You are not bankrupt or insolvent, and You are able to pay Your applicable Membership Fees.
23.4 In the event that You enter into an Ongoing Membership, You agree that You will tell Us promptly if You believe You will be unable to pay Your Membership Fees for an extended period.
23.5 We may terminate Your Membership if You become bankrupt or insolvent. If We terminate Your Membership due to You becoming bankrupt or insolvent, You will be liable for Membership Fees for services already supplied (including the Chopper’s Gym facilities being available for Your use), irrespective of whether You utilised those services.
24. REFUNDS AND CREDIT NOTES
24.1 We may deduct all fees and charges that You must pay under this Agreement from any refund We give You.
25. ONGOING MEMBERSHIPS – CANCELLATION FEES
25.1 For Ongoing Memberships, and subject to clause 27.2, there are no cancellation fees where You cancel Your Membership in accordance with this Agreement.
25.2 We may charge You (at our reasonable discretion) a cancellation fee if:
- We terminate Your Membership due to Your action of bad, risky, or inappropriate conduct;
- You breach any provision of this Agreement, and that breach cannot be fixed;
- You breach any provision of this Agreement, and that breach can be fixed, but You do not fix it in a reasonable timeframe; or
- any fees remain unpaid for an extended period.
26. CREDIT AND DEBIT REPORT AGENCIES
26.1 If paying by direct debit, You authorise Us or the third-party biller to notify any debt collection or credit reporting agency upon default by You regarding any obligation under this Agreement and any failure to remedy such default after notification.
27. RELEASE AND INDEMNITY
27.1 In consideration for (a) being entitled to participate in training at Chopper’s Gym, and (b) being permitted to use facilities and equipment at Chopper’s Gym (whether owned or leased by the Chopper’s Gym Group), You hereby release and indemnify the Chopper’s Gym Group with respect to any and all injury, disability, death or loss or damage to person or property, whether arising from our negligence or otherwise, that may arise out of or in connection with Your use of any of the equipment or the facilities provided by Us, Your training or participation in any class or activity, or any incident that occurs while using Chopper’s Gym facilities or participating in any gym-related activity.
27.2 To the fullest extent permitted by law, the Chopper’s Gym Group hereby exclude any liability to You for any injury, loss or damage to You or Your property sustained by You or any other person for any costs, charges and expenses incurred by You arising from or in connection with this Agreement and/or the services provided by Us and including any act or omission by Us.
27.3 You expressly agree that this release is intended to be as broad and inclusive as permitted by law. If any part of this Agreement is void, unenforceable, or illegal in a jurisdiction, it is severed for that jurisdiction. You acknowledge that the remainder of this Agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected.
28. CHANGES TO THIS AGREEMENT
28.1 We may make changes to this Agreement and the Chopper’s Gym rules from time to time.
28.2 We will make reasonable efforts to tell You of any change in advance and when it will take effect.
28.3 Subject to this Agreement, the effective date will generally be at least 30 days from the date We tell You about the change, unless it is not practical for Us to tell You at this time.
28.4 Your Membership will be amended accordingly from the effective date.
28.4 The amended Agreement will be available at the Chopper’s Gym website, at https://www.choppersgym.com.au/
29. STATUTORY GUARANTEES
29.1 The Australian Consumer Law gives You certain guarantees, including that Our services will be rendered with due care and skill, and that the services will be reasonably fit for purpose.
29.2 If We breach those guarantees and You suffer reasonably foreseeable loss or damage, to the extent allowed by the Australian Consumer Law, the Chopper’s Gym Group limits Our liability to any one or more of the following (in Our absolute discretion):
- the replacement of any products supplied;
- the repair of any products supplied;
- a refund of the Membership Fees paid; or
- payment of the cost of You obtaining equivalent services elsewhere.
29.3 The consumer guarantees may not be applicable in circumstances:
- where You simply change Your mind after the 7 day cooling off period;
- if You cause the problem Yourself by misusing Our products or services; or
- if You request a service to be done in a certain way against Our advice or are unclear about what You want, and no refunds or compensation will be given in these circumstances.
29.4 We acknowledge that certain consumer protection legislation implies conditions or warranties into contracts for the supply of goods or services to consumers that cannot be excluded. Nothing in this Agreement is intended to exclude or restrict the application of such laws.
29.5 Otherwise, to the fullest extent allowed by law, all implied terms, conditions, warranties, guarantees, rights or remedies that can be lawfully excluded are excluded. In particular, We are not liable for death or injury caused by Our negligence or breach of implied terms that services will be provided with reasonable care and skill at common law. This does not exclude Our liability for reckless conduct.
29.5 You agree that implied terms under consumer protection laws will not apply to this Agreement where the Membership has been obtained for business purposes, provided that the relevant provisions may by law be excluded.
30. LOSS OF PROPERTY
30.1 You promise not to unnecessarily bring valuables into Chopper’s Gym and agree that it is not the obligation of Chopper’s Gym to look after unattended property.
31. YOUR RESPONSIBILITY FOR DAMAGE
31.1 You agree to pay for any loss or damage to Chopper’s Gym or the facilities caused by You through a wilful, wrongful or negligent act, or as a result of Your breach of this Agreement.
32. PRIVACY AND CONSENT
32.1 You agree that the information which We collect and retain about You can be used in accordance with our Privacy Policy and that those terms are incorporated herein by reference.
32.2 Our Privacy Policy is available at the Chopper’s Gym website, at https://www.choppersgym.com.au/.
32.3 You further acknowledge, as noted in clause 12, that We utilise CCTV for security and monitoring purposes.
33. CONSENT TO USE YOUR IMAGE
33.1 You understand that photos, films, videos, or audio recordings are sometimes taken of Members for marketing and promotional purposes.
33.2 You consent to allow Your image, recording or likeness to be used for marketing, promotional, or other legitimate purpose by Chopper's Gym. You hereby assign Your rights in these materials to Chopper's Gym, and waive any compensation for them.
34. GYM CLOSURES
34.1 We may need to close Chopper’s Gym facilities for a period of time, for example, due to an emergency, or if required by a court order or by law.
34.2 We may also close Chopper’s Gym facilities for up to 30 consecutive days if it is being refurbished or relocated.
34.3 We will suspend Your Membership at no cost to You for a time equal to the closed period.
34.5 We will try, but cannot promise, to tell You in advance about any closures of Chopper’s Gym facilities.
35. GENERAL LEGAL MATTERS
35.1 Unexpected Events: We are not responsible if You cannot use Chopper’s Gym facilities because of an event caused by a natural force (such as a fire or a flood), or circumstances beyond Our reasonable control, including a road or building closure, electricity outage, or an event of similar nature. If this continues for more than 30 days, then either You or We may cancel Your Membership immediately by written notice. No cancellation fee will apply.
35.2 Severability: If a court decides that any part of this Agreement is or becomes illegal, void or unenforceable, that part is deleted and this does not invalidate the rest of this Agreement.
35.3 Waiver: If We do not enforce Our rights under this Agreement at any time, it does not mean that We may not do so in future.
35.4 Entire Agreement: You agree that this Agreement is the entire agreement and understanding between the parties on everything connected with the subject matter of this Agreement, and supersedes any prior agreement or understanding or anything connected with that subject matter.
35.5 Survival of obligations after termination: You agree that termination or expiry of this Agreement does not relieve You from Your obligations under any provisions relating to Your responsibility for damage, Your release of liability and grant of indemnity, Your responsibility for any outstanding fees, Your consent to use Your images and recordings and assignment of Your rights over those materials, or any other provisions implied to survive.
35.6 Applicable law: This Agreement is governed by the laws of the Australian Capital Territory, and the parties irrevocably submit to the jurisdiction of the Australian Capital Territory.
36. DEFINITIONS
- Agreement means this Membership agreement, including any document incorporated by reference.
- Casual Membership means a Membership that is limited to one class or training session (including a one-off personal training session).
- Chopper’s Gym Group means each of Chopper’s Gym Pty Ltd ABN 50 637 406 896, its subsidiaries, Mr Gareth Rees c/o 3 Badham Street, Dickson ACT 2602, and each of their associated entities, their board members, officers, employees, representatives, agents or managers, and affiliates, and also means a reference those entities and individuals collectively.
- Fixed Term Membership means a Membership with a predetermined fixed duration.
- Free Trial means a Membership that is limited to a no-obligation trial of one class or training session.
- Member means an individual who has a Membership with Chopper’s Gym.
- Membership means Your membership with Us, as governed by this Agreement.
- Membership App means the electronic application which provides for the purchase of Memberships, booking/cancellation of classes, and updating of Your details.
- Membership Fees means the fees due to be paid by You to Us under Your Membership Plan.
- Membership Plan means the type of Membership You have elected to purchase from Us.
- Ongoing Membership means a Membership that is not a Fixed Term Membership.
- Up Front Membership means a Fixed Term Membership with Membership Fees that must be paid in advance in full (including personal training session packs).
- You means the person entering into this Agreement with Us, and referred to throughout this Agreement as I, My, You, or Your.
- Us means Chopper’s Gym and its related entities and referred to throughout this Agreement as Us, Our, or We.