PART A - MEMBERSHIP TERMS
1. AGREEMENT FORMATION - a agreement arises between us and is formed once the Agreement has been signed and we accept the Agreement. This Agreement will be governed by the laws of the state in which the Studio is located.
2. ACCEPTANCE BY THE TRAINING GROUND OF THIS AGREEMENT - If there is any conflict between what is set out in this document and anything you have been told at the Studio or over the telephone, the terms in this document will prevail.
3. STUDIO ETIQUETTE - You must ensure you read, understand and abide by the Rules outlined in both signage and handouts.
4. MEMBERSHIP ENTITLEMENT - Memberships are non-assignable, non-transferable and non-refundable except as permitted in these Membership Terms and subject to law.
5. MINIMUM AGE - Membership is limited to persons who are at least 16 years of age & all members must complete the Adult Pre-exercise screening tool. If under the age of 18, a parent or guardian must sign the Application on your behalf.
6. ACCESS TO SESSIONS – Access to sessions will only be available to you during the
following times: Monday to Thursday – 6:00-9:00am and 4:00-7:00pm Friday - 6:00-9:00am.
Please note that you are only permitted to participate in group exercise sessions, not use the studio during these times for personal training.
7. CONSEQUENCES OF MISCONDUCT - We reserve the right to refuse entry to any person, and have the right to cancel your membership without warning or notice for inappropriate behaviour that is dangerous, harmful, improper, illegal, threatening or harassing.
8. CHANGE OF DETAILS - You must keep us informed of any change of address, email address, contact numbers, bank account & credit card details for payment and any other information relevant to your membership.
9. YOUR PHYSICAL CONDITION - You promise and represent that you are in good physical condition and that you know of no medical or other reason why you are not capable of engaging in exercise and that such exercise would not be detrimental to your health, safety, comfort or physical condition. We strongly advise you take expert advice prior to commencing any exercise program if you are in any doubt about your ability to engage in active or passive exercise. You must not use any facilities whilst suffering from any infections or contagious illness, disease or other ailment or whilst 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. If you believe that there is a risk to your health by participating in the fitness activities offered, you must inform us in writing of that risk and give full details of the risk. You must update your details and let us know if your medical condition changes after you join us. We may, at our discretion, deny your membership Application until you receive medical clearance from your doctor to proceed with an exercise program at Park Rounds and/ or until you have received advice as to an appropriate exercise program. We strongly recommend that medical clearance is obtained prior to starting any form of exercise.
10. RISK WARNING - It is your responsibility to ensure that you correctly operate or use any facilities and/or equipment. If you are in any doubt as to how to correctly operate any equipment you should consult a member of staff before use.
11. RESPONSIBILITY FOR DAMAGE - You are responsible for any damage which you cause to the facilities, if such damage is caused by your wilful act or negligence.
12. IMAGE - By signing this Application and Agreement you consent to us using your image in any promotion or other material in relation to the business.
13. CLAIMS - You cannot seek any reduction in your membership fees because Park Rounds is closed on a public holiday, during the 2-week break over the Christmas/New Year period or otherwise.
14. YOUR SAFETY AND PROPERTY
• WARNING - We give you warning that, whilst on our premises you may suffer injuries including but not limited to broken bones, soft tissue injuries, joint injuries, serious injuries or death. These injuries may occur as a result of any number of factors including you slipping on wet flooring, weights striking you, collision with equipment or other members.
• EXCLUSION OF LIABILITY - As a member of Park Rounds, you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement. Nothing in these Membership Terms operates or is intended to operate to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred under the Consumer Law or any other statute, the exclusion, restriction or modification of which would, contravene that statute; or cause any term of these
Membership Terms to be void (Non-Excludable Obligation), Except in relation to Non-excludable Obligations, all conditions, warranties, guarantees, rights, remedies, liabilities or other terms implied or conferred by statute, custom, or the general law that impose any liability or obligation on us are expressly excluded.
• LIMITATION OF LIABILITY - Except in relation to Non-excludable Obligations, and only to the extent otherwise permitted by law, our liability to you arising directly or indirectly under or in connection with your membership of Park Rounds or the performance or non-performance of the services to be supplied by us under this Agreement howsoever arising on any basis in law or equity is limited as follows:
(a) we will have no liability to you whatsoever for any loss, harm, damage, cost or expense (including legal fees) in the nature of special, indirect or consequential loss or damage (including, without limitation, economic loss, loss of agreement, loss of profit or revenue, loss of opportunity or loss of data); (b) we will have no liability to you for any loss of, damage to and/or loss of use of any property in my possession or control; (c) we will have no liability to you for any personal injury, mental illness, disease and/or death; (d) the aggregate of our liability to you is limited to an amount not exceeding the total membership fees payable by you to us under this Agreement.
• RELEASE AND INDEMNITY - In consideration of Park Rounds accepting your application for
membership, and for you becoming and remaining a member of Park Rounds, to the extent permissible by law, you indemnify and release Park Rounds from any liability (including any consequential loss) for (a) any loss, damage or theft of any property belonging to, or brought into Park Rounds by you or your guest, occurring on any Park Rounds location; and (b) any death, personal injury, disease or illness suffered or incurred as a result of your membership of Park Rounds, following any instructions or recommendations of your Trainer at Park Rounds or as a result of the use of facilities and / or equipment provided by Park Rounds or otherwise, except to the extent that such loss, damage, death, personal injury or illness arises
from our breach of a Non-Excludable Obligation under the Consumer Law.
• MEDICAL TREATMENT - In the event that you suffer any injury while at Park Rounds, you give permission for us to seek appropriate medical attention for you, and consent to and agree to pay for any medical treatment (including transport by ambulance) which isconsidered in our reasonable opinion to be required for you except to the extent that we are liable for any such expenses pursuant to any breach of a Non-excludable Obligation.
PART B - RULES OF THE STUDIO
15. CLOTHING & HYGIENE - We require all members and guests to wear suitable clothing (non-offensive) and appropriate enclosed sporting footwear when visiting any of the exercise areas (excluding wet areas). It is also paramount that personal hygiene is considered when visiting Park Rounds, so it is appreciated that everyone wears deodorant and is aware of their own body odour.
16. TOWELS - We require all members to use clean towels when using equipment (including mats) at all times.
PRIVACY STATEMENT AND ACKNOWLEDGEMENT