We are known for "Building Balanced Lifestyles for Every BODY!" We bring a holistic approach to the table that incorporates Fitness, Nutrition and Mindset to get our clients to their goals. We have a long term approach with the focus of not only getting our clients to reach their goals but teaching them how to keep them!
Members can expect to train harder and smarter than ever before, to form life long friendships and to actually enjoy the process- we do this because we love our bodies, not hate them!
Our current members love our approach to mindset- something many of them have never been taught. They appreciate our individualised approach and genuine interest in showing them how to make better choices.
Join via MiGym.com.au & Manage Your Membership Entirely Online.
Joining through MiGym.com.au is the perfect way to join if it’s your first time joining a gym, or if it’s been a long time between drinks. And by drinks, we mean memberships. It’s great if you move around a lot and want the freedom to switch to another gym on our website without any fuss. Or maybe you just like the idea of being able to do everything online. After all, it is 2017 #TheFuture.
Either way, when it comes to your membership, MiGym.com.au is here from start to finish so you can focus on what’s important… Results.
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Frequently Asked Questions
Name : The Fit Factory
Address : 2/66 Township Drive, Burleigh Heads, Queensland, Australia
Email : email@example.com
*Please note any definitions or clauses in this agreement related to payments are obsolete if you join through MiGym.com.au. If joining online via MiGym.com.au you are bound by the MiGym.com.au payment T&C's which can be viewed at checkout. All other T&C's in this agreement other than payments will be enforced by The Fit Factory.
(a) Agreement means this membership agreement made between you and TFF incorporating the documents referred to in clause 2(b).
(b) Billing Account means the bank account or credit card nominated by you to have your direct debit Membership Fees deducted from.
(c) Club means the TFF gym as specified in your Membership Agreement.
(d) Club Rules mean the Club rules as amended from time to time, which are located at the Club.
(e) DD Membership means a weekly membership, with recurring weekly direct debit payments.
(f) DD Membership Fee means the weekly fee payable for the DD Membership inclusive of any Payment Provider fees.
(g) Dishonour Fee means a $10.00 fee.
(h) Foundation Member means a Member that has a Foundation Membership as categorised by this Agreement.
(i) TFF means the entity specified on your Membership Agreement and includes its heirs, estates, agents, representatives, officers, directors, shareholders, successors, affiliates, subsidiaries and employees.
(j) Member means the individual who has entered into this Agreement with TFF.
(k) Membership Agreement means the form provided to you by TFF requiring you to provide the relevant details to TFF (e.g. name, address, payment card details) relating to your membership.
(l) Membership Fees means the fees that are due and payable by you pursuant to this Agreement.
(m) Minor means members under the age of 18.
(n) Paid In Advance (PIA) Membership means Members that have paid in advance according to the level of PIA membership as specified in this Agreement.
(o) Payment Agreement means the Agreement between you and us permitting our Payment Provider to provide the direct debit and credit card payment facilities to you on our behalf in accordance with the Payment Provider’s Direct Debit Service Agreement.
(p) Payment Provider means the payment provider specified from time to time by TFF, which is currently Ezidebit unless TFF otherwise specifies.
(q) Payment Provider’s Direct Debit Request Service Agreement means the Payment’s Provider’s service agreement provided to you by TFF.
(r) Policies means the TFF membership policies as amended from time to time, which are available at your Club on request.
(t) Products means any products that are purchased pursuant to TFF sale of goods terms and conditions.
(u) Written Notice means notice in writing, given in person, by email or post to the parties’ last known address.
(v) TFF refers to TFF Gold Coast.
2.Terms and Conditions
(a) Your membership is governed by this Agreement.
(c) Accepting this Agreement does not automatically entitle you to a membership as your application may be subject to further review by TFF.
(d) TFF reserves the right, in its sole discretion, to amend this Agreement.
(e) TFF holds, so far as a provision of this Agreement is for the benefit of a third-party, that provision on trust for the relevant third-party.
(a) Nature of Membership Your membership permits you to use TFF’ premises, facilities, equipment and services as shown and limited by the membership identified. Your membership is non-transferable by you unless deemed appropriate by TFF.
(b) Change to Details You must provide TFF with any changes to your details, which are relevant to your membership in writing.
(c) Membership Hold TFF will only hold your membership in the event you provide written notice with relevant supporting documentation.
(d) Foundation Membership Members who duly complete and agree to this Agreement prior to the Club opening date are defined under the Policies as a Foundation Member. A Foundation Member has the privilege of maintaining the same membership price for the life of this Agreement. Termination of Foundation Membership privileges is effective on the date TFF advises the member by Written Notice.
(a) You agree to pay all Membership Fees as set out in this Agreement and agree to be bound by the direct debit terms and conditions as described in the Payment Agreement and the Payment Provider’s Direct Debit Request Service Agreement.
(b) For a DD Membership you must make your payments on a weekly basis in advance.
(c) For a PIA membership, you must pay your membership in advance according to your level of PIA membership as indicated by TFF to you.
(d) You must provide to TFF, in the form requested by TFF, a Payment Agreement authorising TFF’ Payment Provider to debit the Membership Fee due for each direct debit period from your Billing Account.
(e) TFF will endeavour to contact you by phone, sms or email to inform you of any overdue payments. In the event that TFF cannot contact you, it will provide you with Written Notice of overdue payments.
(f) A Member will be charged a Dishonour Fee in the event that a fortnightly direct debit payment is dishonoured by their financial institution.
(g) Additional fees (being bank charges or administrative charges incurred by the Payment Provider) will apply for any overdue or late payments.
(h) If there are repeated failures to meet your payment obligations (other than through the fault of TFF or its Payment Provider), without prejudicing TFF’ rights to recover any overdue payments, your membership may be suspended or terminated by Written Notice to you.
(j) TFF reserves the right, at any time, to change the Membership Fees charged to Members for use of the Club facilities. TFF agrees to use reasonable endeavours to provide you with Written Notice of the changes. The changes will take effect 30 days after the Written Notice has deemed to be been received by you. We deem receipt to have occurred 2 business days after the Written Notice was sent. At the end of the 30 day period, you authorise TFF and/or the Payment Provider to debit the new amount to your account.
5. Minimum Age
(a) All Members of TFF must be a minimum of 14 years of age. All Minors must have a parent or legal guardian agree to the terms of this Agreement. All Minors must attend the Club to obtain a membership.
6. Physical Condition
(a) It is your responsibility not to use any equipment which may adversely affect any medical condition.
(b) You hereby represent to TFF and their directors, officers, employees, contractors and agents that, to the best of your knowledge, you do not have any physical, medical or other disability or condition which may be affected or aggravated by, or which may result in any sickness, injury or death to you as a result of, your use of the Club or its facilities.
(c) If you have any health or medical concerns now or after you join as a Member of the Club, you must discuss them with your doctor before using the equipment or the Club.
(d) You acknowledge that TFF did not give you any medical advice before you used the equipment, and cannot give you any medical advice after you use the equipment.
10. Fighting Fit Pre-Workout Questionnaire
(a) It is a condition of membership with TFF that each Member, prior to using the Club, has to complete the Fighting Fit Pre-Workout Questionnaire.
(b) You will not be permitted to use the Club until you have completed the Fighting Fit Pre-Workout Questionnaire.
(c) TFF reserves the right to restrict, suspend or terminate your membership if TFF is of the reasonable opinion that you are unfit to utilise the Club on a 24/7 basis. If your membership is restricted or suspended for this reason, your membership will not be reinstated until you provide TFF with a medical certificate confirming that you are fit to train.
(a) You understand and acknowledge that TFF is providing recreational services and may not be held liable for defective products or equipment.
13. Liability for Property
(a) TFF is not liable to you for any personal property that is damaged, lost, or stolen while on or around the Club including, but not limited to, a vehicle or its contents or any property left in a locker.
(b) If you cause damage to the Club or any equipment you are liable to TFF for its cost of repair or replacement.
14. Release and Indemnity
a. TFF is entitled to ask you to agree to exclude, restrict or modify its liability for death or any personal injury suffered by you on Club premises, or from the use of our facilities or equipment.
b. If you accept this Agreement, you agree to restrict the liability of TFF if you are killed or injured, with the result that compensation may not be payable if you or a third party suffers death or personal injury.
c. TFF may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by accepting this Agreement. Even if you accept this Agreement, you may still have further legal rights against TFF.
d. A parent or legal guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child's rights.
15. Release and Indemnity (Queensland)
a. You use the facilities provided by TFF at the Club at your own risk and acknowledge that the use of the Club may involve risk of injury, whether caused by you or another party. By accepting this Agreement you agree that TFF will not be liable for any loss, injury, damage or theft of property, belonging to or brought onto Club premises by you, or for any death, personal injury or illness on Club premises, or from using our facilities or equipment.
b. This release does not apply if your death or injury results from gross negligence on our part.
16. Cooling Off Period
(a) All new memberships are subject to a cooling off period of 3 days.
(b) A request for termination of membership during the cooling off period must be made by Written Notice unless this Agreement is defined as an unsolicited consumer agreement under the Australian Consumer Law, in which case termination may be written or oral.
(c) For any membership terminated validly during the cooling off period, TFF will refund to you the total of all Membership Fees.
17. Your Right to Terminate Your Membership
(a) You may terminate your membership at any time on the following basis:
(i) You provide a request for termination of your membership in writing to TFF.
(ii) If your request for termination is for reason of permanent sickness or physical incapacity and this prevents you from using the Club:
(A) your request must be accompanied by a medical certificate evidencing such permanent sickness or physical incapacity; and
(B) there will be a refund of any unused Membership Fees.
(iii) In the event of death, your estate must provide written evidence in the form of a death certificate and all unused Membership Fees will be refunded.
(iv) If your request for termination is for reasons other than permanent sickness or physical incapacity:
(A) in relation to DD Memberships:
(1) you may terminate your membership at any time;
(2) you must provide TFF with Written Notice of termination with TFF processing your termination as follows: (a) Written Notices received before 5pm on a Business Day will be actioned that Business Day or (b) Written Notices received after 5pm or on a day other than a Business Day will be actioned the next Business Day; and;
(3) the Member will not incur any financial obligations under this Agreement on and from the date that the Written Notice has been processed and accepted by TFF and the Member has a right to continue attending the Club until the Member’s pre-paid period expires.
(B) in relation to PIA Members:
(1) you may not terminate the membership during the prepaid period (or get a refund), unless you suffer from a permanent sickness or physical incapacity as described in clause 17(a)(ii); and
(2) if you do not renew your PIA membership by the renewal date, your membership will automatically expire.
18. TFF’ Right to Restrict or Terminate Your Membership
(a) TFF may restrict your membership (including by limiting access to other TFF branded clubs and for limiting access to Staffed Hours) at any time on the following basis:
(i) concern for the health and/or safety of the Member; or
(ii) non-compliance, improper or harmful conduct engaged in by the Member.
(b) TFF may terminate your membership at any time on the following basis:
(i) you fail to make any payments of your Membership Fees;
(ii) TFF reasonably suspects that you are engaging in illegal activity in the Club;
(iii) you fail to follow any of the Policies or Club Rules, or violate any part of this Agreement; or
(iv) your conduct is improper or harmful to the best interest of TFF Members.
(c) In the event that TFF terminates your membership in accordance with clause 18(b), termination will be effective on the date that TFF sends Written Notice. You are liable for all financial obligations until that date. If you are a PIA Member, TFF will not refund any unused portion of your fees.
(d) Upon termination of your membership by TFF, you will cease to have access to the Club, and TFF has the discretion to deny you access to any TFF branded club. Any money owing to TFF when your membership ends, remains immediately due and payable and TFF will deduct the amount outstanding from any refund which you may be eligible. If there is not enough money to cover the amount owing to TFF, you must pay the balance of the amount owing.
(e) Upon termination of your membership by your election, you may continue to use the Club for any period that you have paid in advance. You will cease to have access to the Club once any period you have paid in advance expires.
(f) Termination or expiration of this Agreement shall be without prejudice to the rights of each party against the other in respect of anything done or omitted under this Agreement prior to such termination or expiration.
19. Termination and Unauthorised Cessation of Direct Debit
(a) If you terminate the Agreement or stop the automatic debit arrangement in a manner not described in the Agreement, then you may be liable to TFF for any unpaid fees, or fees incurred by TFF.
TFF may assign or novate its rights under this Agreement at any time without prior consent.
21. Risk Warning
(a) TFF warns that whilst you are on our premises using our Club and recreational services, you are at risk of suffering physical harm or personal injury including broken bones, soft tissue injuries, joint injuries, permanent disability or death. These injuries may occur from you:
(i) slipping on wet flooring;
(ii) being struck by weights;
(iii) colliding with equipment, or other Members;
(iv) engaging in strenuous exercise and activities; or
(v) incorrect use of equipment or Club,
(b) You acknowledge that any such injury may result not only from your actions but from the action, omission or negligence of others.
(c) You acknowledge and agree that the above mentioned injuries and potential causes of injuries are not exhaustive, and there are other unknown or anticipated risks that may result in injury, illness or death.
(d) You acknowledge that whilst every attempt is made to ensure that the recreational services and facilities provided by TFF are safe, there are some significant and inherent risks involved, and you agree that you are participating voluntarily at your own risk and responsibility, thereby exposing yourself to certain risks.