Terms & Conditions

1. Membership Agreement

These Terms and Conditions apply to all dealings between the Member and Cube Fitness and form part of every Membership Agreement entered into with Cube Fitness.

A Member is deemed to have accepted these Terms when they enter into a Membership Agreement, purchase services, participate in activities or otherwise engage with Cube Fitness after becoming aware of these Terms.

2. Term

Membership commences on the Commencement Date and continues for the Minimum Term selected in the Membership Agreement. Upon expiry of the Minimum Term, memberships automatically continue on a month-to-month basis unless otherwise stated.

Memberships paid in full upfront will expire at the end of the selected term and will not automatically roll over.

3. Cooling Off Period

Members may cancel their Membership within seven (7) days of signing without incurring cancellation fees.

The Joining Fee and Door Access Fee are non-refundable, even if the Membership is cancelled during the cooling-off period.

4. Participant Obligations

Capacity and Age Requirements

• Members must have legal capacity to enter into this agreement.
• Members must be at least 14 years of age.
• Members aged 14–15 must be directly supervised by a parent or guardian who is also a member, unless participating in a Cube Fitness class.

Pre-Activity Requirements

• Complete the required screening questionnaire.
• Obtain medical clearance where required.
• Read and sign all waivers and direct debit agreements.
• Accept any applicable third-party terms.

Safety Obligations

• Follow all instructions provided by Cube Fitness staff.
• Use equipment only in accordance with operating instructions.
• Immediately stop exercising if feeling dizzy, unwell or in pain.
• Take responsibility for personal safety and any minor under your care.

4.5 Health and State of the Participant

The Member warrants that they:

• Are not pregnant and do not have a health condition that may make them more likely to be involved in an accident or injury while participating in the Activities.
• Will notify Cube Fitness immediately if they develop a relevant health condition.
• Understand that Cube Fitness may refuse participation in some or all Activities where a relevant health condition exists.
• Understand that the Activities may involve risk to health, even where no accident occurs.
• Will not participate in Activities under the influence of drugs, alcohol or illicit substances.
• Will not participate in Activities if ill, injured or feeling unwell.
• Will warm up prior to participating in the Activities.

4.6 Gym Use

The Member must:

• Use the access fob issued by Cube Fitness each time they enter the Gym.
• Cover surfaces, equipment and mats with a clean towel during use and wipe down equipment after use.
• Not use abusive, offensive or threatening language or behaviour.
• Wear clean clothing appropriate to the Activities being undertaken. Jeans, work clothes, boots or clothing with offensive or inappropriate images are not permitted.
• Not train shirtless unless expressly permitted by Cube Fitness Personnel.
• Not enter the Gym under the influence of drugs or alcohol.
• Not smoke, consume alcohol, drugs, steroids, food or chew gum at the Gym.
• Seek instructions from Cube Fitness Personnel before using unfamiliar equipment or facilities.
• Evaluate whether their current skills and physical condition allow them to use equipment safely.
• Not intentionally drop weights.
• Return weights to their correct place after use.

4.7 Possessions

The Member is responsible for their possessions while at the Gym. Cube Fitness will not be liable if any of the Member’s possessions are lost or stolen at the Gym.

Where the Member uses pigeonholes at the Gym, Cube Fitness will not be liable if the Member’s possessions are lost or stolen. The Member uses the pigeonholes at their own risk.

4.8 Carpark

The Member understands and warrants that they use any carpark facilities unsupervised and at their own risk. Cube Fitness will not be liable for any loss or damage suffered in connection with carpark use, even where Cube Fitness is negligent, to the maximum extent permitted under Australian Consumer Law.

4.9 Guests

A Member may only bring guests to the Gym if:

• Permission is obtained from Cube Fitness Personnel.
• The guest visits during Staffed Hours, unless otherwise permitted by Cube Fitness in writing.
• The guest presents photo ID on every visit.
• The guest reads and agrees to comply with these Terms.
• The guest completes all required forms before using equipment or facilities.

4.10 Access Fob

• All new Members must purchase an access fob to gain secure entry to the Gym.
• Upon joining, the Member acknowledges that their photo will be taken, used and stored for security purposes in accordance with our Privacy Policy.
• The Member must not share their access fob or use it to provide Gym access to other people.
• Members must use their access fob whenever they access the Gym for safety, security and insurance purposes.
• The access fob remains the property of Cube Fitness and must be returned on termination.
• The replacement cost of a lost or damaged access fob is $10.

4.11 Children

Members are not permitted to bring children into the Gym while they engage in workouts or use equipment. The Gym is strictly for the use of Members. Cube Fitness reserves the right to refuse entry or membership to any individual who does not comply with this clause.

4.12 Personal Trainers and Allied Health Professionals

• Personal training and allied health services may be provided at the Gym by authorised practitioners, contractors or independent service providers.
• Only personal trainers, allied health professionals and other service providers authorised by Cube Fitness may provide commercial training, treatment or professional services within the Gym.
• The terms, fees, booking arrangements and provider responsible for a particular service may vary depending on the service being provided. Members should refer to the relevant booking information, programme terms or service information made available at the time of booking.
• Unauthorised personal training, coaching or allied health treatment within the Gym is strictly prohibited and may result in suspension or cancellation of Membership.

5. Classes and Gym Availability

5.1 Classes

If the Member’s Activities include Reformer Pilates sessions or Fitness Classes, the Member acknowledges and agrees that:

• Classes must be booked in advance via the member app or website, unless directed otherwise.
• Missed Classes will be forfeited and Cube Fitness is not required to reschedule them.
• If a Member misses a Class and does not provide at least 2 hours’ prior notice of non-attendance, a $10 no-show fee will be charged.

5.2 Availability

• Cube Fitness will endeavour to ensure Classes and equipment are available during advertised opening hours.
• Classes or equipment may be full, unavailable or no longer offered from time to time, and Cube Fitness will not be liable in those circumstances.
• Cube Fitness may change Classes and class times at its absolute discretion without notice.
• Classes may be reduced or unavailable during public holidays and the Christmas/New Year period. This is reflected in Fees and does not entitle Members to fee discounts.

6. 24/7 Use

6.1 Conditions

If your Membership includes 24/7 access and you access the Gym outside Staffed Hours, you acknowledge and agree that:

• You may only access the Gym outside Staffed Hours if your Membership specifically includes 24/7 access.
• You are using the Gym, facilities and equipment unsupervised and accept the increased risk of injury.
• There may not be anyone available to assist you in the event of an accident or emergency.
• Cube Fitness' liability is limited in accordance with these Terms.
• Certain areas of the Gym, including reception and office areas, may be restricted outside Staffed Hours.
• Unsupervised sparring or fighting is strictly prohibited.
• You must not bring any person into the Gym outside Staffed Hours unless expressly permitted by Cube Fitness in accordance with these Terms.

6.2 Consequences of Breach

• First breach: Gym access will be suspended for 14 days without notice and no fees relating to the suspension period will be refunded.
• Subsequent breaches: Cube Fitness may immediately terminate the Membership Agreement and no refund will be payable.

7. Payment

7.1 Fees

Members must pay all fees in accordance with their Membership Agreement or as otherwise agreed in writing.

Cube Fitness may, at its discretion, allow memberships to be paid in full upfront. Memberships paid upfront will expire at the end of the selected term unless renewed.

7.2 Direct Debit

Where a Membership is paid by direct debit, the Member agrees to:

• Enter into a Direct Debit Request (DDR) Service Agreement with Ezidebit Pty Ltd.
• Authorise Cube Fitness to debit fees in advance in accordance with the Membership Agreement.
• Ensure sufficient funds are available in the nominated account.
• Provide at least 48 hours notice of changes to banking or credit card details.

If a debit is returned unpaid:

• A $10 dishonour fee will apply in addition to any Ezidebit fees.
• Gym access may be suspended until outstanding amounts are paid.

7.3 Fee Increases

Cube Fitness may increase fees after the initial Membership term expires, or at any time for month-to-month memberships, by providing at least 31 days written notice.

7.4 Non-Refundable Fees

Membership fees, joining fees and access fob fees are non-refundable for change of mind.

7.5 Invoices

Where invoices are issued, payment must be made by the due date specified on the invoice.

7.6 GST

Unless otherwise stated, all fees include GST.

7.7 Ezidebit

Cube Fitness uses Ezidebit Pty Ltd to process recurring membership payments.

Payment processing is subject to the Member's Direct Debit Service Agreement and Ezidebit's Privacy Policy. Cube Fitness is not responsible for the performance, availability or security of Ezidebit's services.

Cube Fitness reserves the right to correct any payment processing errors and instruct Ezidebit to do the same where required.

8. Debt Recovery

If any amount payable under this Agreement remains unpaid after its due date, Cube Fitness may take steps to recover the outstanding amount.

• Cube Fitness may refer the debt to a debt collection agency or other recovery service.
• The Member must reimburse Cube Fitness for any reasonable costs incurred in recovering unpaid amounts, including debt collection and legal costs.

9. Suspension of Membership

9.1 General Suspension

• Members may suspend their Membership once per calendar year.
• Suspensions must be for a minimum of 2 weeks and a maximum of 4 weeks.
• Written notice must be provided at least 7 days before the suspension commencement date.
• Membership accounts must be up to date with no outstanding fees.
• No suspension fee applies.
• Where a Membership is suspended during a Minimum Term, the Minimum Term will pause and recommence when the suspension ends.

9.2 Suspension Due to Injury

Members may suspend their Membership immediately where they are unable to use the Gym due to a temporary physical incapacity lasting more than ten consecutive calendar days.

• Written notice must be provided by email.
• A verifiable medical certificate must accompany the request.
• Injury suspensions may be granted for up to 3 months within any 12-month period.
• No suspension fee applies.
• The Minimum Term will pause during the suspension and recommence once the suspension concludes.

10. Third Party Goods and Services

From time to time, Cube Fitness may arrange or provide access to goods or services supplied by third parties.

• The Member may be required to accept the terms and conditions of those third-party suppliers.
• Where Cube Fitness has provided notice of applicable third-party terms, the Member agrees to be bound by those terms.
• Cube Fitness is not responsible for loss or damage arising from goods or services supplied by third parties or from the operation of any third-party terms and conditions.

11. Liability and Indemnities

11.1 No Reliance

The Member acknowledges that, in entering into this Agreement and participating in Activities, they have not relied upon the skill or judgement of Cube Fitness and have independently satisfied themselves as to the suitability of the Gym, facilities and Activities for their own purposes.

11.2 Liability

To the maximum extent permitted by law and subject to any rights available under the Competition and Consumer Act 2010 (Cth):

• Liability for indirect, special or consequential loss, including loss of revenue, profit or goodwill, is excluded.
• Any other liability arising under or in connection with this Agreement is limited to the total amount paid by the Member to Cube Fitness up to the date of the event giving rise to the claim.

These limitations do not apply to loss or damage suffered by Cube Fitness as a result of a Member breaching their obligations under this Agreement.

11.3 Risk

Participation in fitness activities involves inherent risks, including but not limited to:

• Physical injury.
• Muscle and ligament strains.
• Illness.
• Bruising and falls.
• Equipment failure.
• Impact injuries arising from martial arts participation.
• Death.

Members participate in all Activities at their own risk and acknowledge that there will be times when they use the Gym without direct supervision.

Cube Fitness uses reasonable efforts to maintain equipment and facilities, however equipment failure or unsafe behaviour by other Gym users may occur. Except where required by law, Cube Fitness will not be liable for losses arising from such circumstances unless caused by reckless disregard or gross negligence.

Members accept responsibility for loss, damage or injury caused by or contributed to through their participation in Activities.

12. Warranties

To the maximum extent permitted by law, all representations and warranties not expressly stated in this Agreement are excluded.

Nothing in this Agreement is intended to limit the operation of the Australian Consumer Law. Members may be entitled to remedies including repair, replacement or refund where required by law.

13. Privacy and Surveillance

13.1 Privacy

Members agree to be bound by the Cube Fitness Privacy Policy and acknowledge that personal information may be collected, stored and used in accordance with that policy.

13.2 Surveillance

Members acknowledge and agree that Cube Fitness conducts continuous camera surveillance within and around the Gym for safety, security and operational purposes.

14. Cancellation

14.1 Cancellation by Cube Fitness

Cube Fitness may terminate this Agreement immediately by written notice if the Member breaches any term of this Agreement.

14.2 Fitness Passport Members

Fitness Passport memberships are administered directly through Fitness Passport. If a Fitness Passport membership ceases, the associated Cube Fitness membership will terminate immediately.

Cube Fitness reserves the right to cease participation in the Fitness Passport program at any time.

14.3 Member Cancellation Notice

Subject to any cooling-off rights, Members must provide at least four (4) weeks written notice to cancel their Membership.

This notice requirement does not apply to memberships that have been paid in full upfront. No refunds are available for upfront memberships.

14.4 Minimum Term Memberships

• Where cancellation occurs before the Minimum Term expires, the Member remains responsible for payment of the full Minimum Term.
• Where cancellation occurs after the Minimum Term expires, any direct debit payments covering periods beyond the required notice period will be refunded on a pro-rata basis.
• Members on a Full Membership may only downgrade to a Gym Only Membership after the Minimum Term has expired.

14.5 Survival

Any clause which by its nature is intended to survive termination or expiry of this Agreement will continue to apply after termination.

15. Dispute Resolution

Cube Fitness and the Member agree to attempt to resolve disputes in good faith before commencing legal proceedings.

• A party claiming a dispute must first provide written notice outlining reasonable details of the dispute.
• Following receipt of the notice, each party must use its best efforts to resolve the dispute in good faith.
• If the dispute remains unresolved after 14 days (or any longer period agreed in writing), either party may commence legal proceedings.
• Nothing in this clause prevents a party from seeking urgent interlocutory or injunctive relief from a court.

16. Notices

Notices and communications under this Agreement must:

• Be in writing and in English.
• Be sent via email to the email address specified by the relevant party.

Unless the sender knows or reasonably suspects the email was not delivered, notice will be deemed received:

• 24 hours after transmission; or
• When replied to by the receiving party,

whichever occurs first.

17. General

18. Definitions

19. Interpretation

• Words in the singular include the plural and vice versa.
• Words referring to one gender include all genders.
• Defined words have corresponding meanings when used in different grammatical forms.
• References to a person include individuals, corporations, authorities, partnerships, trusts, associations and other legal entities.
• References to a party include that party’s executors, administrators, successors and permitted assigns.
• References to this Agreement include all schedules, annexures, attachments and related documents.
• References to documents include any amendments, replacements or updates to those documents.
• References to "$" or "dollar" are references to Australian currency.
• Headings are included for convenience only and do not affect interpretation.
• The word "includes" is not a term of limitation.
• No provision of this Agreement will be interpreted adversely to a party merely because that party prepared the Agreement or the relevant provision.

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