Terms & Conditions
In this application there are some words and terms used repeatedly. To make things easier to understand, when we use those words and terms they will have the following meanings:
- Club W, the Company, us, we, our means Fit n Fast Australia Pty Limited; ABN: 35 140 522 756 trading as Club W.
- Member, you, your means the person described in Membership Application Form and there after referred to as member.
- Membership means a membership of Club W.
- Application means this contract.
- Home Membership means member of only the club at which you have signed
- Rules means the rules specified in these terms and conditions, in club signs and handouts, rules for using club equipment and behaviour.
This membership application is a legally binding contract between you and us.
By entering into this agreement you purchase a membership or services and you agree to all the terms of this application.
You acknowledge that neither the Company, nor anyone on behalf of the Company, has made any representations or promises upon which you are relying in entering into this agreement unless set out in this agreement.
You agree that this document sets out the complete agreement between you and us.
If any part of this agreement is invalid or unenforceable, the remaining parts will continue.
If the Company does not exercise any rights it has under this agreement it is not giving away those rights. Those rights may still be exercised later.
We provide the following memberships (please note some options are not available at all clubs):
- Club W no commit membership. Membership is a rolling fortnight-to-fortnight membership until we are notified by you to cancel. Please refer to clause 7 for cancellation details.
- Club W commitment membership. Commitment of 7 fortnightly payments followed by a rolling fortnight to fortnight membership until we are notified to cancel by you. Fees will apply for early termination of membership. Please refer to clause 7 for cancellation details.
- Community membership. Allows access to all Club W benefits excluding Virtual classes and Active Education area. Membership is a rolling fortnight-to-fortnight membership until we are notified by you to cancel. Please refer to clause 7 for cancellation details.
Intro/ Guest passes can only be used by one person and are for new members only.
Intro/ Guest passes become activated from the first use at club.
Intro/ Guest passes & Workshops are non-refundable and non-transferable.
A short break option is available on all membership types. The short break is available in fortnightly blocks with a minimum of 1 fortnight and a maximum of 4 fortnights.
Members who are unable by reason of temporary physical incapacity (minimum 10 days) to utilize the fitness services may seek to temporarily put their membership agreement on hold. Reasonable admin charges may be applied.
Your membership permits use of our premises, facilities, equipment and services in accordance with the conditions applicable to that category of membership.
Membership is subject to current terms and conditions, company policies, rules and limitations and to any future changes to those terms and conditions, policies, rules and limitations.
Memberships are assignable to a new owner of the business, at the sale or assignment of the business.
Memberships are not refundable except as provided by law.
You must ensure that you keep us informed of any details that affect your membership. This includes changes to your contact details, address and nominated account details.
Fees and charges payable by you, as set out on the Membership Application, are payable in advance.
Upon joining the Company, you authorise us to charge or cause transfers to be made from your nominated account.
The above authorisation is a continuing authorisation until your membership is terminated or cancelled and continues upon assignment of the agreement to a new owner of the business.
The above authorisation includes (but is not limited to) membership fees, registration fee, GST and any unpaid fees. Rate includes GST at 10%, if GST rate was increased the GST payable would be amended to reflect this.
We may recover from you any merchant or other fees attendant upon credit card use or charged to us as a result of payment by you, whether by credit card or otherwise.
We reserve the right to charge you a processing fee being the reprocessing fee in the event of dishonour of your direct debit or any failed payment.
We use a third party as a direct debit billing provider and you may be asked to fill out a Direct Debit Request (DOR) to allow deductions from your financial institution of choice.
A minimum of two weeks written notice is required to terminate membership either via email or delivered to the club. This notice is taken from the next available direct debit date.
We provide the following cancellation options:
- Club W no commit membership: Can be cancelled at any time with 2 weeks written notice (as outlined in clause 7.1).
- Club W commitment membership: Can be cancelled with 2 weeks written notice (as outlined in clause 7.1). Early termination requires an upfront payment of remaining debits left on the minimum term.
Members may cancel their membership at any time by reason of permanent physical incapacity verifiable by a medical certificate. Written notice with the medical certificate must be supplied. Reasonable admin charges may be applied.
You may cancel the contract at any time before midnight on the seventh calendar day after joining, by delivery in writing to your home club or the address shown on the membership application. This notice may also be given by email. Please note that various promotions may apply when you join that extend the cooling off period.
Upon cancellation under this clause you will be refunded 80 % of the fees and monies paid. The refund will only be paid via EFT or cheque within 10 business days. No cash refunds will be issued.
You can elect to transfer your membership to another person. Please note that a transfer fee may apply.
We can transfer your contract to a person, firm or company at any time without giving you notice. We can also sub contract our obligations to someone else without notice.
Members must be at least 16 years old to exercise.
We recommend that, if you are under 18 or over 65, you seek medical advice about the right exercise for you.
Your membership allows you to use the club as per the terms and conditions.
Membership card - you will be provided with an access card. When you join, if you try to access the club without your access card or photo identification we may refuse you entry.
Lockers - we provide lockers for use when you are exercising in the club. These are not security lockers and valuables are left in there at your own risk. A locker is not to be used to store your personal belongings when you are not in the club. Lockers that are left locked overnight may be opened and items removed.
Clothes - all members and guests must ensure that they are wearing suitable clothes and enclosed sports shoes in all exercise areas except for studios.
You are responsible for using our facilities, equipment and services correctly. If you are in doubt please see a staff member prior to using the facilities, equipment or services.
We reserve the right to remove, delete or replace equipment and/or services at our clubs/studios.
We also reserve the right to vary equipment, services, classes and hours of operation at our clubs.
It is acknowledged that equipment and services are available on a "first come, first served" basis.
We may on occasion close a club for refurbishment. If we close for more than 2 days you may request a short break at no cost.
We reserve the right, in the event of permanent closure of the club which you have joined, to transfer your membership to another one of our clubs within 25 kilometres of the closed club. If there is no club within 25 kilometres, you have the right to cancel your membership.
Membership fees will not be reduced due to a club closure for renovations or due to closure on a public holiday.
A number of Club W clubs may have 24 hour access or unstaffed hours or may convert to 24 hour access or unstaffed hours.
Our current unstaffed hours are 6am to 9am Monday to Friday, 7am to 10am on Saturday, and 8am to 10am on Sunday. During these unstaffed hours, existing members can still access our facilities.
We reserve the right to change the staffed hours at any time without notice.
Club W does not grant access to non members during unstaffed hours.
No member of Club W is permitted to bring or allow a non-member into a Club W club during unstaffed hours.
If a member breaches clause 13.2 then the member acknowledges that they accept responsibility and liability for any injury, loss or damage attributed to the non member the act of bringing a non member into the club or allowing a guest access without signing in constitutes an automatic acceptance by the member of a casual visit fee for the non member. The casual visit fee, will be charged to the member by a deduction from their nominated bank account. We reserve the right to terminate the membership of the member who brings a non-member into a club during unstaffed hours or who allows a guest access without signing in. We also reserve the right to charge a member a fine of $250 for allowing unauthorised entry.
It is up to you to let us know if you have any medical or physical condition which might prevent or affect your use of our facilities or services.
By entering into this agreement you are representing that you have no such adverse medical or physical condition and that you are not aware of any health or medical reason why you should not use our facilities and services.
You also acknowledge that we have not given you medical advice and cannot in the future give you medical advice in respect of your condition and your ability to use the facilities or services.
You should check with your doctor before using the facilities or services if you have any doubts or concerns in that regard.
If your medical condition changes after you join you must inform us prior to using the facilities or services.
You acknowledge that the use of our facilities and services involves risk of injury ranging from minor injury to death. This includes the risk of soft tissue injuries, broken bones and joint injuries.
You agree to make sure that you know how to exercise safely and will ask for assistance or advice if necessary.
You agree that your use of facilities and services is on the basis that you accept such risk and that you agree that the Company its officers, directors, employees, volunteers, agents and independent contractors will not be liable for any injury (including, but not limited to, personal, bodily or mental injury, economic loss or damage) to you, your partner, spouse, unborn child or relatives.
You also agree that we will not be liable for any personal property that is damaged, lost or stolen while on our premises unless caused by an act of gross negligence by the Company. This includes any motor vehicle and anything in any motor vehicle.
You will be responsible for the cost of repair and/or replacement of any damage contributed to or caused to our property by you or your guest.
Some clubs operate on a 24 hour basis and are accessible by members during unstaffed hours. As a member utilising the Facilities of a 24 hour club during unstaffed hours you acknowledge that you enter and use the facilities at your own risk.
Outside providers may provide a number of specialized services in our clubs. Members may pay fees directly to these outside providers and as such we are not responsible for these fees.
Claims due to the action or inaction of an outside provider should be taken up with the provider directly. We will endeavor to assist in resolving any issues with providers but you agree that we are not liable for any issues resulting from an act or lack of action by an outside provider.
You acknowledge that we have in place membership policies, rules and regulations for the use of equipment, use of the premises and services and in relation to membership that may vary from club to club.
We reserve the right to vary such policies, rules and regulations from time to time.
It is further acknowledged that rules and regulations may vary from club to club.
Violation of membership policy, rules and regulations may result in termination of membership at our sole discretion.
We reserve the right to refuse entry to anyone, including members.
We reserve the right to cancel membership for breach of the agreement, misconduct, damage to equipment, inappropriate behaviour or drug use, including where circumstances so warrant, without notice or warning.
We follow the NSW Industry Code of Practice ("the Code"), a copy summary of which will be provided if requested.
In the event of any inconsistency between this agreement and the Code, the provisions of the Code will prevail to the extent of the inconsistency.