Terms & Conditions

At Your Leisure 24 Hour Health & Fitness

Terms and Conditions

 

1.0 At Your Leisure 24 Hour Health & Fitness

As a member of “At Your Leisure 24 Hour Health & Fitness” you may use our facilities 24 hours a day, 7 days a week. There are no limits on how often you can attend by using your personal security access tag at each visit.

1.1 General Terms

“At Your Leisure 24 Hour Health & Fitness” may vary these Terms & Conditions at any time. This includes any fees or prices referred to in any way connected with this agreement.

1.2 Membership Definitions

Full Fee – Applicable to all members of the community (aged 18 years and above) that do not hold any concessions.

Concession – Applicable to those under 18 years of age and those with adequate evidence of holding a student, pension or disability card. Persons over 18 years of age are considered adults eligible for the full fee if no concessions are held.

Restrictions are placed on facility usage for children aged between 0 – 16 years. Please refer to our Kids in Gyms Guidelines for an outline of facility use.

Corporate- Applicable to those who either hold a Fitness Passport or can provide adequate evidence of employment with Port Stephens Council or Lake Macquarie Council.

2.0 Membership to At Your Leisure 24 Hour Health & Fitness

2.1 Membership applications.

You may apply to become a member of At Your Leisure 24 Hour Health & Fitness:

1- To access and use At Your Leisure 24 Hour Health & Fitness facilities including membership,

2- To access and participate in programs run by At Your Leisure 24 Hour Health & Fitness.

You must make an application for membership by completing and submitting a membership form. You must ensure that you provide all relevant supporting information when submitting your application. A failure to supply any required information or an incomplete application may result in the application being delayed or refused.

At Your Leisure 24 Hour Health & Fitness may refuse your application for membership if:

1- You fail to properly complete your application for membership

2- At Your Leisure 24 Hour Health & Fitness determines that you are in any way a threat to the health, safety or wellbeing to any patrons, members, staff, agent or contractor.

 

2.2 Membership at At Your Leisure 24 Hour Health & Fitness

Where you apply for membership at At Your Leisure, you acknowledge and agree that by signing that membership application for you also (and without the requirement for further application) apply to become an ordinary member of At Your Leisure 24 Hour Health & Fitness. Unless you receive written notice from At Your Leisure 24 Hour Health & Fitness to the contrary, your application for ordinary membership will be granted on the same date as your membership is approved.

2.3 Payment of Fees

Fees can be paid:

1- Upfront paid in full or,

2- Ongoing Direct Debit, paid either weekly or fortnightly

You are solely responsible for effecting and managing Your fee payments.

At Your Leisure 24 Hour Health & Fitness reserves in its absolute discretion the right to authorize or refuse refunds and/or deny entry into At Your Leisure facilities and programs for any purchase made fraudulently.

At Your Leisure 24 Hour Health & Fitness engages Ezypay to manage payments for the Direct Debit membership options. If you elect to pay your membership using the Direct Debit option, you must agree to the Ezypay Terms and Conditions which can be found at www.ezypay.com.au. You must ensure that you review and understand those Terms and Conditions at the commencement of this agreement. The nominated Direct Debit bank account must be an Australian bank account which has direct debit access. Please check with your bank if you are unsure. Any failed payments will  incur a dishonor fee invoked by Ezypay. At Your Leisure 24 Hour Health & Fitness will not be liable for any fees or other costs that you may incur as a result of failed payments or attempt to process a direct debit payment by or on behalf of At Your Leisure 24 Hour Health & Fitness.

Direct Debit fees can be paid in advance in person or over the phone.

The Direct Debit membership options will continue beyond the initial commitment period, on a weekly/fortnightly (in line with your membership agreement) basis unless expressly cancelled by You in accordance with clause 2.5 of this agreement. The (in line with your membership agreement) Direct Debit amount will align with the applicable membership fee at the time. This may result in an increase to your Direct Debit amount after the initial commitment period. We will notify you with a minimum  14 days notice of any change to your membership fee and date from which the change will apply. Notification will be given in writing to the nominated email address.

If you fail to make payments of any amount owing to At Your Leisure in accordance with this agreement, your access to At Your Leisure will be suspended until such time as the full payment has been made. If you continue to incur outstanding payments, At Your Leisure 24 Hour Health & Fitness  holds the right to cancel your membership and refuse you access  to Direct Debit membership options in the future.

2.4 Change of Details

You must inform At Your Leisure 24 Hour Health & Fitness of any changes to your address, email, contact details, bank account/credit card details (if applicable) and any other information relevant to your membership.

2.5 Cancellations

Memberships subject to the Direct Debit Options may be cancelled by completing and submitting the appropriate cancellation form.

1- All cancellations require a 14 day notice period

2- All cancellations will be liable for any fees due which fall within the 14 day notice period

3- In respect of Direct Debit memberships, a $100 cancellation fee also applies for memberships that are cancelled during the Initial Commitment Period after the initial 7 day cooling off period.

4- In respect of paid in full memberships, no refunds will be provided unless within the 7 day cooling off period.

Cancellations will not be accepted verbally.

Your membership cancellation will not be complete until you have received written confirmation from At Your Leisure 24 Hour Health & Fitness management.

It is the responsibility of the member to follow up any cancellation requests. No refunds will be approved without proof of this confirmation. Cancellation for members on Timestop will not be actioned until the Timestop has ceased and any minimum term requirement has been met.

2.6 Refunds

All new memberships are subject to a Seven (7) day cooling-off period. During the cooling off period, you may cancel your new membership in line with clause 2.5 without penalty. Use of the facility during the 7 day cooling off period will be charged at a casual visit rate and will be deducted from your refund.

2.7 Membership Timestop

Memberships entitled to the Timestop benefit may be suspended by completing the necessary form or giving written notice.

At Your Leisure 24 Hour Health & Fitness may agree to suspend the operation of a membership for 12 month memberships including both direct debit and paid in full options, for travel, medical or other personal circumstances. In such circumstances the initial commitment period of your membership will be extended by the duration of the ‘Timestop’ granted.

1- Timestop may be issued for a minimum 1 week and maximum 3 month per 12 month membership cycle for members who hold a 12 month membership.

2- Timestop applications must be submitted with 14 days prior notice to the commencement of the timestop.

3- Where the facility is closed for unforeseen or planned periods of time memberships will be placed on timestop until the reopening of the facility.

2.8 Personal Training

  1. At Your Leisure 24 Hour Health & Fitness may from time to time promote the availability of Personal Training services within facilities or as part of any At Your Leisure 24 Hour Health & Fitness Program and make an offer to introduce its Members to personal trainers.
  2. Unless otherwise expressly stated to the contrary, any Personal Training services are offered and undertaken by independent trainers not employed or engaged by At Your Leisure 24 Hour Health & Fitness.
  3. Any engagement of any personal trainer will be at the Your sole cost in addition to Your membership fees, and may be subject to additional terms and conditions governing the provision of those personal training services. You must ensure that you have read and understood any additional terms and conditions governing the provision of personal training services.
  4. Irrespective of any additional terms and conditions governing the provision of personal training services, You and Your personal trainer must at all times comply with this Agreement whilst ever You are attending At Your Leisure 24 Hour Health & Fitness or participating in any At Your Leisure 24 Hour Health & Fitness Program, even where such attendance or participation is undertaken in conjunction with any personal training services, and to the extent of any inconsistency between this Agreement and any additional terms governing the provision of the personal training services, this Agreement applies.
  5. At Your Leisure 24 Hour Health & Fitness reserves the right in its absolute discretion to refuse entry or eject You or Your personal trainer from the facility where either of You or Your personal trainer are not complying with this Agreement.
  6. At Your Leisure 24 Hour Health & Fitness will at no time be liable for any cost, loss, damage, injury or expense (Claim) arising in any way as a direct or indirect result of Your engagement of a personal trainer or Your participation in or receipt of personal training services in or about any At Your Leisure 24 Hour Health & Fitness Managed Facility or as part of any At Your Leisure 24 Hour Health & Fitness Program including without limitation where At Your Leisure 24 Hour Health & Fitness refuses entry or expels You or Your personal trainer pursuant to the preceding subclause, and You release At Your Leisure 24 Hour Health & Fitness absolutely and hold it harmless from any liability arising from any such Claim, except only to the extent that such Claim is caused directly by the negligence of At Your Leisure 24 Hour Health & Fitness.

3.0 General

3.1 Trading Hours

At Your Leisure 24 our Health & Fitness is open 24/7 for general access and usage.

At Your Leisure Health & Fitness is closed New Years Day, Good Friday, Christmas Day and Boxing Day, and may also close other Public Holidays with notice given through signage on premises and social media.

3.2 Rights & Risks of Admissions & Facility Usage

You must present Your Membership card to gain entry into At Your Leisure 24 Hour Health & Fitness Managed Facilities. If another person attempts to use Your card, that person will be refused entry into At Your Leisure 24 Hour Health & Fitness. Your card will be retained by At Your Leisure 24 Hour Health & Fitness and the person attempting to use Your card will be questioned. Staff will notify You that Your card has been used fraudulently. If it is found that You voluntarily gave your card to a person for the purposes of fraudulently gaining entry to At Your Leisure 24 Hour Health & Fitness, Your Membership will be cancelled without refund. All members over the age of 14 years must have their photograph taken for security purposes, to be held in At Your Leisure 24 Hour Health & Fitness database. No entry will be allowed into  At Your Leisure 24 Hour Health & Fitness within 30 minutes of closing of the facility. You acknowledge and agree that:

  1. You will comply with At Your Leisure 24 Hour Health & Fitness COVID Safety Plan while visiting At Your Leisure 24 Hour Health & Fitness;
  2. You must not use At Your Leisure 24 Hour Health & Fitness or participate in At Your Leisure 24 Hour Health & Fitness Programs if such use or participation will adversely affect your physical or mental wellbeing;
  3. At Your Leisure 24 Hour Health & Fitness is in no way responsible for determining whether you are physically or mentally able to use At Your Leisure 24 Hour Health & Fitness or participate in At Your Leisure 24 Hour Health & Fitness Programs;
  4. You have made the necessary enquiries and received the necessary medical advice to ensure Your use of At Your Leisure 24 Hour Health & Fitness and participation in At Your Leisure 24 Hour Health & Fitness Programs will not in any way whatsoever adversely affect Your health or wellbeing (physical or other);
  5. You will use At Your Leisure 24 Hour Health & Fitness and participate in At Your Leisure 24 Hour Health & Fitness Programs at Your own risk;
  6. You must conduct Yourself in accordance with At Your Leisure 24 Hour Health & Fitness policies and procedures.
  7. At Your Leisure 24 Hour Health & Fitness can cancel Your membership and / or booking without warning if You behave in a way that is risky or seriously inappropriate, such as:
  1. threatening or harassing others,
  2. damaging equipment,
  3. using illegal or performance-enhancing drugs,
  4. providing instruction to other members where you are not authorised by At Your Leisure 24 Hour Health & Fitness to do so, or
  5. Act in a manner detrimental to At Your Leisure 24 Hour Health & Fitness.
    8. At Your Leisure 24 Hour Health & Fitness may sometimes film or photograph At Your Leisure 24 Hour Health & Fitness. It is possible You may appear in the background. By accepting these Terms & Conditions, You agree to allow At Your Leisure 24 Hour Health & Fitness to use your image in promotional and other business related material, including but not limited to social media channels and At Your Leisure 24 Hour Health & Fitness website.
    9.If you are taking photos or videos in At Your Leisure 24 Hour Health & Fitness please respect other members’ privacy ensuring that you do not photograph or film members without their consent and by ensuring that you are not detracting from other members’ experience. Absolutely no photos or videos are permitted in the shower or toilet facilities at any time.
    10. You will adhere to the guidelines outlined within the Kids in Gyms document prescribed by NSW Department of Tourism, Sport & Recreation;
    11. 
    At Your Leisure 24 Hour Health & Fitness will in no way be responsible or liable for any loss, damage or theft to any of Your personal property arising out of or in connection with Your use of At Your Leisure 24 Hour Health & Fitness or participation in At Your Leisure 24 Hour Health & Fitness Programs;
    12. When using At Your Leisure 24 Hour Health & Fitness or participating in At Your Leisure 24 Hour Health & Fitness Programs, You must:
  1. Wear suitable attire and enclosed footwear at all times (eg. exercise shorts, singlets, active wear etc);
  2. Not wear clothing bearing offensive images or inappropriate advertising;
  3. Sweat towels are compulsory;
  4. Consider personal hygiene, that is, wear deodorant and be aware of your own body odour;
  5. Not bring food, chewing gum, cans / glass bottles on to At Your Leisure 24 Hour Health & Fitness;
  6. Not, under any circumstances, bring substances which are (or potentially) explosive or flammable liquids, corrosive chemicals, dangerous goods or in any way hazardous in or around At Your Leisure 24 Hour Health & Fitness;
  7. Advise a At Your Leisure 24 Hour Health & Fitness Instructor of any injury or potential injury and, if You are pregnant, of that pregnancy; and
  8. Ensure that You exercise with caution at all times (particularly in extreme weather conditions)
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4.0 Release and Indemnity To At Your Leisure 24 Hour Health And Fitness

1- You hereby release and indemnify At Your Leisure 24 Hour Health & Fitness (and its employees, agents and contractors) from and against any claims, loss, liability, damage (whether of a direct, indirect or consequential nature) howsoever caused arising out of or in connection with:

    1. Your Membership;
    2. Your entry into or use of At Your Leisure 24 Hour Health & Fitness;
    3. Your participation in any At Your Leisure 24 Hour Health & Fitness Programs;
    4. Any other act or omission of You, At Your Leisure 24 Hour Health & Fitness or an employee, agent, contractor or another member of At Your Leisure 24 Hour Health & Fitness in connection with the subject matter of this Agreement.

      2- Except as provided in this Agreement (and to the extent permitted by law), At Your Leisure 24 Hour Health & Fitness makes no warranties (express or implied) in respect of At Your Leisure 24 Hour Health & Fitness, At Your Leisure 24 Hour Health & Fitness Programs or your use of or participation in the same.