Terms and Conditions

KDV Sport Fitness Centre Terms and Conditions

Mission Statement:

To inspire and encourage a healthy lifestyle by providing a first class fitness experience.

1 Things to know at the start of your membership

KDV Sport agrees to provide a safe, welcoming, clean and fully equipped fitness facility for use during the specified operating hours. If, for any reason equipment becomes unavailable for use, KDV Sport will endeavour to make it available for use as soon as possible.

1.1 Operating Hours

Open seven days a week excluding public holidays 5.30 am – 9.00 pm

1.2 How old do you have to be?

Meeting our minimum age

You must be at least 16 years old to become a member, and the parent/ guardian to also sign where a participant is under 18 years of age.

Joining aged 16-17

If you are under 18, a parent or guardian must sign your Direct Debit form and Application form.

You may then do unsupervised resistance training once a qualified staff member has:

assessed your application form
written and supervised an initial resistance training program for you and is satisfied that you are familiar with the resistance training program and equipment offered for use at the facility
Perform a gym induction with a KDV Sport gym staff member, after which they are satisfied you are competent at gym usage and basic gym knowledge.

1.3 When does your agreement start?

Signing your agreement

You have an agreement with us when you have ticked it and we have accepted it. If these terms and conditions or your agreement differ from anything you are told at the facility or over the phone, these terms and your agreement will apply, unless written confirmation is received from a KDV Sport employee.

Paying a admin/ joining fee

You need to pay an admin/joining fee when you join or renew. This fee is non-refundable.

Understanding our rights

If we do not enforce our agreement rights at any time, it does not mean we have waived those rights, no matter how long we wait. If there is a miscalculation in your membership agreement, we have 5 days after the agreement is signed to correct it

1.4 Can you change your mind?

Please choose your membership wisely. Several membership options are available to suit your lifestyle. Discounts apply for annual membership commitments which you agree to fulfill.

1.5 What about your health?

Promising you are in good health

On the day you sign your agreement and each time you use our facility, you promise us that:

you are in good physical condition
you know of no medical or other reason why you cannot or should not do active or passive exercise.

Seeking expert advice

Our staff and contractors are not medically trained. They are not qualified to assess if you are in good physical condition and can exercise without risking your health, safety or comfort. If you have any doubts, we strongly urge you to seek expert advice before starting an exercise program.

2 Things to know during your membership

2.1 When do you pay membership fees?

Paying for ongoing memberships

You pay fees for ongoing memberships in advance, by direct debit from a bank account or credit card. You can pay your fees as far in advance as you like, up to the legal time limits. However, you still need to give us your account details for when your advance payments end.

Paying upfront

You can pay upfront for annual memberships. For a Pre-Paid membership, you will pay on the day you buy it.

Renewing your upfront membership

When your membership is due to end, you can choose to renew it before that date at your existing rate; otherwise your membership fee will be set at the current rate. By renewing your membership, you agree to the membership terms that apply at that time.

2.2 How do direct debits work?

We will debit your membership fees from your nominated account on the day you sign up and same day going forward, as set out in your membership agreement.

Please note that:

debit dates are preset for all members
if one falls on a public holiday, we will debit your account on the next business day
debits might take up to 3 - 5 business days to come out of your account.

Meeting your responsibilities

You must make sure:

your account can accept direct debits (your financial institution can confirm this)
there is enough money in your account on the payment day and the next 5 days
you tell us if you are transferring or closing your account, at least 48 hours before your next direct debit
you tell us about any changes to your credit card, such as its expiry date or number, at least 48 hours before your next direct debit. Please tell us and your financial institution if you want to change or stop your direct debits.

Querying a payment

If you query a payment, we will do our best to respond within 7 days. If you are not happy with our response, you may contact your financial institution. It will handle your query in line with its own policy.

2.3 What happens if your payment is late or fails?

Losing your access

If you do not fully pay your fees on the due date, we will suspend your access until your payments are up to date and you have given us your account details.

KDV sport fitness Centre uses a service provider to collect recurring facility based membership fees. An every late payment/ declined payment may result in an $11.90 additional charge and an immediate suspension of membership and you authorise us to do this.

Paying your outstanding debts

We will continue to debit your nominated account without notice, until we have received the cancellation request form. You must make sure that the payment method you choose continues for the length of your agreement. This includes third-party accounts. If the details you give us fail, you are liable for all resulting fees. You should update your details and are obligated to complete your minimum term.

2.4 Can we change your agreement?

Staying up to date with our terms

We may sometimes add to, change or remove our terms and conditions. This includes changing opening and closing hours, our services and facilities and membership fees.

Sometimes, we may also close for refurbishment to improve the facilities. We do not reduce your membership fees because of renovations or for a public holiday. The most up-to-date terms and conditions always apply. You request a copy from us or on our website at www.kdvsport.com.

Being notified about changes

We will give you at least 28 days notice of any changes, for instance by:

publishing them in our newsletter or on our website
placing a notice in the facility
phoning you or writing to the address (post or email) you last gave us.

Cancelling your membership

If we do not fulfill our obligations to you, you may be able to cancel your membership. Unless the law states otherwise, you won’t have any other claim against us if this happens.

2.5 Can we increase your fees?

Being notified about changes

We reserve the right to increase your fees at any time.

We will make a reasonable effort to tell you about this at least 28 days beforehand by writing to the address you last gave us (which may be an email address). We will consider that you have received our letter or email on the second business day after it is sent.

Authorising us to increase debits

Where we have made a reasonable effort to let you know about a fee increase, you authorise us to increase any debits from your nominated account.

2.6 Can you freeze your membership payments?

Using a ‘time freeze’

You can freeze your membership for 1 or more fortnights, up to a maximum of 6 fortnights each calendar year.

Each time freeze must start and end on a direct debit date. The time freeze fee for all memberships is $8 per fortnight, which you can pay in advance or by direct debit.

Please note that if you are within your minimum term, any time freezes are not classified as a full payment toward your contract.

Using an ‘extended time freeze’

You can freeze your membership for up to 13 fortnights in any 12 months for travel, medical or bankruptcy reasons. However, we must be satisfied by your supporting documents, such as a certificate from a medical practitioner stating you are unable to exercise.

If you have a medical reason or become bankrupt, we will not charge you for this extended time freeze to allow you time to recover.

Understanding the conditions

Before freezing your membership, you must make sure your fees are up to date and you don’t owe us any money.

Note that we cannot backdate any time freeze requests. You must request a freeze when you need it.

We also cannot accept pro-rata payments or freeze your direct debits outside an official time freeze.

2.7 How can you use your access card?

Showing photo ID

We will give you an access card when you join. We will also attach your photo to your account on our digital membership database. If you visit the facility without a valid access card or photo identification, we may refuse you entry.

Your membership card

The access card is our property. Shared gym access with a non-member will result in forfeiture of membership effective immediately and incur $18.50 casual visit charge plus non-refundable prepaid membership. Replacement access cards will incur a $5 fee unless the card deemed faulty.

2.8 How can you protect your health?

Telling us about your health risks

If you believe any activities might risk your health, you must tell us this in writing with full details. You must also tell us if your medical condition changes after you join.

We may choose to refuse your membership agreement until:

your doctor agrees in writing that you are fit to exercise
you show us proof that you have received medical advice on an appropriate exercise program.

Managing infections and illnesses

You must not use our facilities if:

you have an infection, contagious illness or physical ailment, such as an open cut or sore
there is any other risk, however small, to other members and guests.
members with open wounds or exposed blood cannot access pool, sauna or bath facilities. These members must also be adequately cover areas exposed for general gym use

2.9 How can you give us feedback?

We welcome your feedback

Your feedback is important in helping us to provide a great service. If you have a complaint, please contact us via one of the methods listed below.

In person

Our staff members are always happy to help. Ask at reception or call us on (07) 5596 0404. If you’d like to speak the manager, let our reception team know. If no managers are immediately available, the reception team will ensure someone contacts you as soon as possible.

Online

Write to our Fitness Centre manager, Alex Hynes at alex.hynes@kdvsport.com.

We recognise that some enquiries are more complex than others and may require more time to resolve but we will investigate all complaints received and will do our best to resolve them as efficiently as possible.

3 Things to know at the end of your membership

3.1 How can you cancel your membership?

Cancelling your membership

You can ask to cancel your membership by filling out the “Cancellation request form” that can be requested through:

emailing us at info@kdvsport.com
speaking to the reception team

Once the form has been filled out and passed on to KDV sport reception in person or through email at info@kdvsport.com. The form will be processed within 7 days and the final fee will be charged through final direct debit payment. The last day use of the gym will be 7 days from the time the form has been passed on to KDV Sport.

Cancelling fee

If a member wishes to cancel their membership, they must give KDV Sport 28 days. This can be done by filling out a “member cancellation request form” from the front desk or via email.
A member may cancel membership immediately if written prove has been given of the following:
The member is permanently relocating further than 50km from facility
A medical physician certifies that the member is unable to permanently engage in physical exercise.
The member is bankrupt

When you cancel, you must pay us any fees you owe or we may take action to recover them.

Confirming your request

When you do this, please always

give us your email address so we can confirm your request in writing
keep a copy of your request
make sure that you cancel your direct debits with your financial institution.

Cancelling without paying out your agreement

You can cancel your membership if time freeze is not suitable during the minimum term if:

you are sick or incapacitated – you must show us a certificate from a qualified medical practitioner stating that you cannot exercise for the rest of your term.
you are bankrupt–you must show us supporting documents.

We will not charge you an exit fee in these cases.

You can also cancel your membership if we breach our obligations and we do not fix the breach in a reasonable time after you have told us about it in writing. We will refund you any membership fees you pay between the date of notification and the date on which we decide that we cannot fix the breach. You need to give us 28 days’ notice. We will not charge an exit fee in this case.

Our rules

4.1 What rules apply to our facilities?

Respecting our equipment

You are responsible for using our facilities and equipment correctly, including adjusting levels or settings. If you are not sure how to operate any equipment, please ask our staff before you use it. Note that you will be responsible for any damage that you or your guests cause through a willful act or negligence.

Members that agree to join the KDV Sport fitness centre acknowledge all the terms and conditions stipulated in this agreement and will comply with the requests of gym management at all times.

This may include but is not limited to:

Using a towel on all equipment.
Replacing all weights and equipment used.
Using equipment correctly, including adjusting the levels or settings to suit yourself.
Sharing equipment with other members and finish within a reasonable amount of time.
Maintaining an appropriate level of personal hygiene – including cleaning of sweat on equipment
Showering before entering the pool and sauna.
Use of appropriate language and behaviors.
Treating all staff and members with respect.
Wearing appropriate and non-offensive clothing and fully enclosed footwear (No shirts off)
Abiding by any request verbally stated by KDV Sport staff
Do not instruct or give advice to other members of the KDV Sport Fitness Centre
Take direction from gym staff and respect their advice and behavior management
Move safely and slowly in all wet areas including but not limited to the pool, locker rooms and any accidental spills.
The use of any illicit drug use will not be tolerated in the gym and be automatic termination of membership

You recognise that the pool, sauna, locker room facilities and at times, the gym will be unsupervised and you agree that you are capable of using them safely and will use them at your own risk.

Keeping your belongings safe

We provide lockers you can use while exercising but these are not security lockers.

Please keep your access card with you and do not bring valuables into the facility.

Unfortunately, thefts do happen. We cannot accept responsibility for any loss or damage to your belongings while you are at the facility, even if someone breaks into your locker.

If you leave belongings in a locker overnight, we may remove them and donate the items to charity.

Wearing suitable clothes

All members and guests must wear suitable clothes and enclosed sports shoes in any exercise areas. We do not allow clothes with offensive images or inappropriate advertising.

Parking

Parking in the KDV Sport car park is done so at your own risk. We are not liable for any loss or damage to your vehicle or its contents.

4.2 Can you bring guests?

Paying for guests

Guests are welcome at KDV Sport Fitness Centre and can pay the casual fee for entry and use of the facilities.

Meeting our conditions

Your guests must:

Be at least 16 years old
Be accompanied by you and leave when you do
Fill out casual visit form and show photo ID
Fill in the Medical Questionnaire on their first visit
Follow all instructions by staff and rules, terms and conditions of the KDV Fitness Centre
No childrens are allowed in the gym, KDV provides creche service that can be booked through here https://www.kdvsport.com/kdv-kids-creche/

4.3 What happens if you break our rules?

Being refused entry or receiving a warning

We can refuse entry to anyone, including members, if they act unreasonably or break the rules. We may also warn you that you risk having your membership cancelled. If you continue to behave in the same way, we may cancel your membership immediately with no refund for membership or admin/joining fees.

Facing instant cancellation

We can cancel your membership without warning if you behave in a way that is risky or seriously inappropriate, such as:

threatening or harassing others
damaging equipment
using illegal or performance-enhancing drugs
instructing other members when we have not authorised you to do so.
Abusive or inappropriate language

Cancellation due to infringement will result in no refund for the attended period of the contract nor admin/joining fee.

Legal stuff you need to know

5.1 What are your responsibilities?

Meeting your responsibilities

Your responsibilities, including payment of membership fees, do not depend on how often you use our facility.

You must tell us about anything that affects your membership, and any changes to your contact and bank details.

Promising to take care

You promise to:

make sure that you know how to exercise safely, by asking if necessary
use your best endeavors to exercise safely
not take valuables into the facility, even if you plan to put them in a locker.

5.2 Understanding our privacy policy

During your membership, we will have access to personal information about you, such as about your health and financial situation. Private information will be stored securely by KDV Sport and will not be shared with any outside parties unless enforceable by law.

Individuals have the right to review, correctly amend or delete personal information. Please enquire with KDV Sport staff on how to do so.

Allowing us to use your image

We sometimes film or photograph the facility so it is possible you will appear in the background. By signing your agreement, you allow us to use your image in promotional and other business-related material.

KDV Sport will try to seek approval and acceptance before any images of yourself is used in advertising or social media outlets.

5.3 What else should you know?

Paying GST

All agreement fees include goods and services tax (GST). Your fees will change in line with any government GST rate changes, even if you are in your minimum term.

5.4 Which laws apply?

Meeting state laws

Your agreement is subject to Australian law and is governed by the state laws.

If a court decides that any section of your agreement is invalid or unenforceable, that section will be deleted from the agreement. The other sections will remain valid and enforceable.

Restricting your rights to sue

Under the Competition and Consumer Act 2010, we guarantee that our recreational services are:

provided with due care and skill
fit for any purpose you have told us you are using the services for or for a result which you have told us you wish to achieve
supplied within a reasonable time.

However, under certain legislative provisions, we may ask you to agree that these conditions do not apply to you. If you sign the agreement, you will be agreeing that your rights to sue us are excluded, restricted or modified as set out in these terms and conditions. This applies if you are injured (including injury that results in death) because the services were not rendered with due care and skill, or they were not reasonably fit for their purpose.

This change to your rights does not apply if your death or injury is due to our gross negligence. Gross negligence is defined in the Fair Trading (Recreational Services) Regulations 2004.

ACKNOWLEDGEMENT & WAIVER OF RISKS & INJURY

WARNING – THIS IS AN IMPORTATNT DOCUMENT THAT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS. READ IT CAREFULLY AND DO NOT SIGN IT UNLESS YOU ARE SATISFIED THAT YOU UNDERSTAND IT. IF YOU HAVE ANY QUESTIONS PLEASE ASK OUR REPRESENTATIVE.

ACKNOWLEDGEMENT OF RISKS, INJURY AND OBLIGATIONS

I ACKNOWLEDGE that the activity I have voluntarily agreed to undertake is a dangerous activity and that by participating in it I am exposed to certain risks.

The activity includes, fitness classes incorporating cardio vascular exercise, strength and conditioning training, resistance training, weight lifting, boxing and other martial art hybrid classes, personal training sessions, training activities undertaken both on and off the premises, participation in team or individual competitions, and other services provided to the participant by KDV Sport Fitness.

I ACKNOWLEDGE AND UNDERSTAND that whilst participating in such activity:

I may be injured, physically, emotionally or mentally, or may die.
My personal property may be lost or damaged.
Other persons participating in such activity may cause me injury or may damage my property.
I may cause injury to other persons or damage their property.
The conditions in which the activity is conducted may vary without warning.
I may be injured or die or suffer damage to my property as a result of negligence or breach of contract by Gym Nation.
There may be no or inadequate facilities for treatment or transport of me if I am injured.
I assume the risk and responsibility for any injury, death or property damage resulting from my participation in the activity.

I FURTHER ACKNOWLEDGE AND UNDERSTAND that whilst participating in such activity:

I will follow the safety advice, training directions and exercise instructions of the KDV Sport Fitness trainers, contractors, agents and volunteers.
If I feel unwell during training or feel pain and/or discomfort, I will cease participating and immediately advise a trainer.

If, for any reason, I require first aid or medical assistance, I authorise KDV Sport Fitness to seek emergency medical assistance on my behalf with the understanding that I am responsible for all costs incurred.

RELEASE OF LIABILITY AND INDEMNITY TO KDV SPORT FITNESS CENTRE

IN CONSIDERATION of the acceptance of my payment for participating in the activity (and except to the extent that the same may be precluded by Law) I AGREE TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against KDV Sport Fitness its trustees, directors, owners, officers, employees, trainers, contractors, volunteers, and agents, notwithstanding that such claims may arise due to Negligence, breach of contract, or breach of statutory duty.

FURTHER;

I participate in the activity at my sole risk and responsibility.

I release, indemnify and hold harmless KDV Sport Fitness, its trustees, directors, owners, officers, employees, trainers, contractors, volunteers, and agents, from and against all and any actions or claims which may be made by me, or on my behalf by other parties, arising out of any injury, loss, damage or death caused to me or my personal property whether by negligence, breach of contract or in any other way whatsoever.

I ALSO AGREE THAT in the event that I am injured or my personal property is damaged, I will bring no claim, legal or otherwise against KDV Sport Fitness in respect of that injury or damage. This agreement shall be effective and binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect.