Terms and Conditions of Membership – Platinum Fitness
Welcome to Platinum Fitness Gym Facility (the Gym), which is operated by Platinum Fitness WA Pty Ltd (ABN 38 665 144 418) (“we”, “us” and “our”). Please assist us to provide a safe and comfortable environment for all members and staff by complying with the following terms and conditions (Terms), which are a condition of your entry to and use of the Gym and any services provided by Platinum Fitness (Services).
- ACCEPTANCE OF TERMS
By using the Gym or purchasing your Platinum Fitness membership in person or online, you are deemed to have accepted these Terms. Continuing use of the Gym and the Services is deemed acceptance of any changes to these Terms.
You also accept these Terms where you click “agree”, “accept” or “buy” where such an option is made available to you during online processing of your membership application. When you click “accept”, “agree”, “consent” or “buy” using a device such as a tablet, your agreement or consent will be legally binding and enforceable and will be as effective as if you had written your signature by hand. You will also be bound by any consent transmitted through the application process to receive electronic communications from us.
If you are uncertain about the Terms, the Gym or any of our other services, please discuss your concerns us before completing your purchase or using the Gym.
- CHANGE AND ACCESS
We may change these Terms from time to time, consistent with applicable laws and industry standards, without notice to you. Any changes to the Terms will be effective from the date that we post the revised Terms on our website. You are responsible for reviewing these terms prior to using the Gym and periodically during your time as a Platinum Fitness member.
The Gym, services offered by Platinum, and any prices may change or be discontinued without notice at any time, although we will endeavour to provide 30 days’ notice communicated to you by posting in the Gym, on our website or by email. We will not be liable to you for any change in the Terms or the Gym.
We may refuse access to the Gym to any person at any time, in our absolute discretion. We are not liable for any loss that you suffer as a result of such exclusion. If we believe that you have breached these Terms, an applicable law, or that your conduct may give rise to a claim by us against you, we may suspend or cancel your membership at any time in our absolute discretion.
- MINORS
To access or use the Gym, you must be 18 years or older and have the power and authority to enter into a contract under the Terms. If you are aged between 15 and 18 years and wish to purchase a Platinum Fitness Membership, the membership must be purchased, Terms accepted and consent provided on your behalf by your parent or guardian and is subject to the following conditions:
- your compliance with all safety requirements;
- you carrying a student ID card to show proof of date of birth;
In accepting the terms as a parent or guardian of a minor you understand that by co-signing the membership forms you are responsible for direct debit payments and the behaviour of the minor within the Gym. You indemnify us for any damage or loss that we suffer as a result of the minor using the Gym.
- CONDITIONS OF GYM MEMBERSHIP
By accepting these Terms, you confirm that you:
- are medically sound to undertake a normal course of exercise;
- acknowledge and agree that you use the Gym facilities at your sole risk and responsibility; and
- are aware that exercise is physically demanding and participation in some activities may pose a risk to your health.
You must inform us immediately if:
- you become injured or a medical condition impacts upon your ability to undertake a normal course of exercise; or
- any of your contact details change.
- GYM ACCESS
You can access the Gym 24 hours per day by presenting your membership card or photographic ID or using a Platinum access card, provided to you on acceptance of these Terms. If you lose your access card, you may purchase a replacement card from us on proof of identity.
Your entry to the Gym is subject to you agreeing that you will not:
- allow any person who is not a member to access the Gym, whether by allowing them access or allowing them to use your access tag to gain access;
- use abusive or threatening language or behave in a threatening way;
- enter the Gym if you are under the influence of drugs or alcohol;
- smoke or use drugs or alcohol in or near the Gym;
- instruct other Platinum gym members or visitors without our prior written consent;
- use a camera, take any photographs or film any videos in the Gym;
- engage in excessive or loud mobile telephone conversations;
- leave bags unattended on the floor of the Gym; or
- behave in a way that we consider (in our absolute discretion) to be risky or inappropriate.
When using the Gym, you must at all times:
- carry your swipe card and photographic ID, which you must present when reasonably requested by Platinum staff;
- wear fully enclosed, clean sports shoes and clean and tidy clothing, including a singlet or t-shirt with no offensive logos or language; and
- use a clean towel when exercising on gym equipment, including fitness mats.
Access to the Gym may be refused or withdrawn and your membership cancelled if:
- you do not carry or present your swipe card or photographic ID;
- you breach these Terms or the conditions of entry to the Gym; or
- fees or payments are outstanding in relation to your Platinum membership.
From time to time, we may be required to make changes to the operation of the Gym, including by:
- changing the operating hours to suit demand;
- changing the availability of facilities or services within the Gym;
- closing off part of the premises or equipment for maintenance or safety reasons; or
- changing the conditions of entry to the Gym.
We will provide reasonable notice before doing so on the Gym notice boards, at reception, on our website or by email to you.
We sometimes film or photograph the Gym and it is possible you will appear in the background. By accepting these Terms, you consent to us using your image in promotional or other business-related material that may be published on the Internet or in other media, without compensation to you.
We are unable to look after your personal possessions (keys and wallets for example) whilst you are in the Gym and are not obliged to return lost possessions to members. The gym is cleared daily of left belongings. Any items remaining within the gym and have been handed into reception will be held for two weeks and then donated to charity if not collected.
- USE OF GYM EQUIPMENT
When using Gym equipment, you must:
- comply with all equipment operating and safety instructions that are published on or near to the equipment;
- if you are unsure of the correct use or operation of equipment, seek an induction or assistance from a Platinum staff member; and
- return equipment to its original state after you have finished using it, including by:
- returning weights and bars to their racks;
- unloading plates from machines and bars;
- returning equipment to appropriate storage locations; and
- using sanitation wipes provided to clean excess sweat from machinery
You indemnify us for any loss of or damage to equipment caused by you.
- PERSONAL TRAINING AND GROUP FITNESS
Personal training services may be purchased from Platinum-authorised personal trainers and provided within the Gym, for additional fees.
Platinum-authorised personal trainers may be contractors, franchisees or employees. If you are undertaking personal training, all arrangements for services and payments should be made directly with the personal trainer.
You must not offer personal training services or purchase personal training services an unauthorised personal trainer without our prior written consent.
Subject to availability and booking, you may participate in normally scheduled group fitness classes, programs or challenges at the Gym, on payment of any additional fees that may apply.
- LIABILITY
We accept no liability for your reliance on information that we provide as health or other professional advice. You warrant that you have not relied on any representations by us as to benefits of any kind that may be derived as a result of your use of the Gym or the Services. You will undertake your own due diligence and seek relevant professional or medical advice before making use of, or applying any learnings from, the Gym, taking into account your own personal circumstances.
We accept no liability for any loss that occurs in or as a result of your dealings with our third-party service providers, including payment platforms.
To the extent permitted by law, we accept no liability for any loss or, or damage to, personal property (including your vehicle or property inside your vehicle) while you are using the Gym. We recommend that you keep all valuables with you while using the Gym.
To the maximum extent permitted by law, we accept no liability to you for any injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage), whether arising in contract, tort, statute or any other way, sustained by you and/or any other person, or for any costs, charges or expenses incurred by you, arising or in connection with the Terms, your Platinum membership, your use of the Gym or any of its facilities or any act or omission by us or our officers or employees.
You indemnify and release us, our affiliates, officers, employees, contractors and agents from any loss, liability, claim or demand (including legal fees) incurred or made by you or any third party in connection with your use of the Gym.
If your membership is subject to the provisions of the Australian Consumer Law, we limit our liability to the lesser of the cost of replacing your membership or the Services or supplying an equivalent membership or Services.
- PAYMENT
To purchase your Platinum membership, you may be required to register an account with our third-party payment platform by providing accurate information including your name, your bank account details, address, a valid email address and/or telephone number.
You warrant that any information that you provide while registering an account is accurate and correct at the time you provide the information, and that you will update your details when they change.
Your account will be protected by a password that is known only to you. Usernames and passwords are for your use only and must not be shared with any third party. Queries about our third-party payment platform should be directed to that third party directly. We will provide their details to you on request.
Payment for your Platinum membership is payable fortnightly in advance by direct debit from your nominated bank account or credit card, via our payment platform. All prices include goods and services tax. Prices may change at any time without advance notice to you.
You may cancel the monthly renewal of your Platinum membership by notifying us at least 14 days before a scheduled direct debit payment. Notice of cancellation must be given by email to reception@platinumfitness.com.au.
By submitting payment information to us, you authorise us to provide that information to third parties (such as our payment platform) to facilitate payment. You agree to verify any information requested by us or our payment platform for the purposes of acknowledging or completing any payment.
You authorise us or our payment platform to obtain or determine updated or replacement expiration dates for your credit card if the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including legal fees and costs, on any outstanding balance.
You warrant when purchasing your Platinum membership that any credit card or payment information that you provide to us or to our payment platform is accurate and complete and that there are sufficient available/cleared funds in the nominated account to enable the direct debit to be honoured, and any charges incurred by you will be honoured by your financial institution or credit card company. You agree to pay any charges incurred by you, including any taxes, and that if your payment method is not honoured for any reason, you will pay any additional incurred charges, including any surcharge we incur due to the failed payment.
- MEMBERSHIP SUSPENSIONS
You may apply to temporarily suspend your membership for travel or medical reasons up to twice per years, for a maximum aggregate period of 3 months. Our approval of your suspension application subject to your payments being up to date at the date of the suspension request.
We may charge you an administration fee for suspensions or processing your suspension application.
Direct debit payments will be paused during the period of suspension, provided that your payments are up to date.
- CANCELLATION AND REFUNDS
We do not offer refunds except where required by the Australian Consumer Law and the Fitness Industry Code of Practice 2020. Apart from terminations during the cooling off period, we do not offer refunds because you change your mind. You are responsible for carefully reading information about the Gym, your Platinum membership and these Terms.
Being removed from or refused access to the Gym as a result of your breach of these Terms does not entitle you to any refund of the price.
You may cancel the annual renewal of your membership by notifying us in writing at least 14 days before a scheduled direct debit payment. We will respond within 7 days of receiving your notice of termination.
If we agree or are required by law to grant you a refund for Centre Services:
- we will refund your money within 14 days of the entitlement arising;
- we may immediately remove your access to the Gym and any Services; and
- at our request, you must immediately cease using the Gym and any Services.
7 DAY COOLING OFF PERIOD FOR GYM MEMBERSHIPS
If you purchase a Platinum membership in error, we offer a 7-day cooling off period during which you can terminate your membership and we will refund your membership fee, subject to deduction of an administration fee. To qualify for a refund during this cooling off period, you must give us written notice reception@platinumfitness.com.au.within 7 days of purchase of your Platinum membership online or at the Gym.
The cooling off period applies to new memberships only; it does not apply to renewed memberships.
- TERMINATION AND SURVIVAL
We may terminate these Terms and your access to the Gym and/or any Services:
- if you breach the Terms and fail to remedy the breach within 7 days of our written notice to you; or
- if the breach is incapable of remedy or if we believe that your conduct is inappropriate or causes danger to other users of the Gym, immediately without notice in our absolute discretion.
If we terminate the Terms, all disclaimers and limitations of liability will survive the termination.
You can terminate your Platinum membership by written notice to this address reception@platinumfitness.com.au. We will respond within 7 days of receiving your notice of termination.
- CONFIDENTIALITY
In the course of our relationship with you, we may obtain confidential information about you, including your contact details, bank details and information about your level of fitness. Our commitment to your privacy is set out in the Platinum Privacy Policy. We will not use or disclose your confidential information to anyone apart from our third-party suppliers (such as our online payment platform) without your prior written consent.
- ENTIRE AGREEMENT
These Terms, together with any changes agreed in writing, constitute the entire agreement between us and you in relation to your use of the Gym and any Services and supersede all previous communications, negotiations and agreements, whether oral, written or electronic.
If any of these Terms is found to be invalid or unenforceable by a court of law, that invalid or unenforceable term will be severed and will not affect the remainder of the Terms, which will continue in full force and effect.
- GOVERNING LAW
These Terms are governed by the laws of Western Australia. If you believe that a dispute has arisen between us in relation to the Centre Services or these Terms, please contact us in writing so that we can both, acting in good faith, work to resolve the dispute as quickly as possible. Where a dispute cannot be resolved, you agree to submit to the jurisdiction of the courts of Western Australia.
- COMPLAINT HANDLING PROCEDURE
If you become dissatisfied with an aspect of the Gym or your Platinum membership, you can submit your complaint by email to reception@platinumfitness.com.au. We will respond within 7 days and make every reasonable effort to resolve your complaint quickly and fairly.