Terms and Conditions
OPERATIVE CLAUSES
Warning: This is an important document which affects your legal rights and obligations. Before commencing your Membership with us you must read the following Terms and Conditions. By becoming a Member, you confirm you have read, fully understand and agree to abide by the following Terms and Conditions.
- WELCOME
1.1 These Terms and Conditions, the Membership Application and the Rules govern your rights and responsibilities as a Member.
1.2 Each Member is responsible for complying with this Agreement and the Rules.
1.3 By submitting a Membership Application, you agree to be bound by this Agreement and the Rules.
1.4 You hereby authorise us to arrange, through our own financial institution, to debit your account with all Membership Fees and associated fees and other amounts due by you under this Agreement.
1.5 This Agreement may be amended by us from time to time. The most recent version will be accessible at www.plusfitness.com.au
1.6 You are responsible for advising us of any change of name, address, other contact details, payment details and method and change of circumstance through the Online Portal. Documentation verifying a name change is required. Your mailing address will be used to determine your eligibility for promotions and other offerings. You can opt out of receiving promotional material by selecting the opt out button within the Online Portal.
- LEGAL STUFF
Definitions
2.1 In this Agreement, words in the ‘item’ column of the Reference Schedule have the same meaning given adjacent to them.
2.2 In this Agreement:
(1) Activation Fee means the fee you pay to activate or reactivate your Membership.
(2) Administration Fee means the fee of that name provided for in the Schedule of Fees from time to time.
(3) Agreement means this these Terms and Conditions, the Schedule of Fees and the Membership Application as amended from time to time.
(4) Business Day means a day that is not a Saturday, Sunday or any other day which is a public holiday or a bank holiday in the Australian Capital Territory.
(5) Cancellation Fee means the fee of that name provided for in the Schedule of Fees from time to time.
(6) Change of Membership Fee means the fee of that name provided for in the Schedule of Fees from time to time.
(7) Club means the facilities owned or operated by Us or another franchisee of the Franchisor from time to time.
(8) Direct Debit Decline Fee means the fee of that name provided for in the Schedule of Fees from time to time.
(9) Fixed Term means a Membership with a predetermined fixed duration.
(10) Franchisee means the entity nominated in your Membership Application that owns or operates the Home Club.
(11) Franchisor means Plus Fitness Pty Ltd CAN 126 140 181.
(12) GST means any goods and services tax, value added tax or sales tax imposed on the sale or supply of goods, services and rights including but not limited to a tax imposed by the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and the related imposition Acts of the Commonwealth.
(13) Home Club means the Club nominated as your Home Club as per your Membership Application and the Online Portal.
(14) Including means including without limitation.
(15) Join Date means the date you submit to us a Membership Application.
(16) Junior Membership means the Membership applicable to persons aged between 8 and 13 (inclusive).
(17) Member means the person entering into this Agreement with us and referred to throughout this Agreement as ‘I’, ‘my’, ‘you’ or ‘your’.
(18) Member ID Application means the smart device app provided by us and its subsequent versions from time to time.
(19) Membership means your membership with us as governed by this Agreement.
(20) Membership Application means the paper or electronic form to provide us with details to activate the Membership.
(21) Membership Fees means the fees due to be paid by you to us under your Membership Plan.
(22) Membership Plan means the type of Membership you have elected in your Membership Application.
(23) No Show Fee means the fee of that name provided for in the Schedule of Fees from time to time.
(24) Nominated Direct Debit Provider means a provider of direct debit or direct entry banking services that We may nominate from time to time to facilitate the collection of Membership Fees.
(25) Online Portal means the Member’s portal at\ www.plusfitness.com.au and/or the Member ID App.
(26) Parent/Guardian Approval Form means the approval supplied by a parent and/or guardian of the holder of any Membership who is aged between 8 and 17 (inclusive) years old..
(27) Periodic Membership means a Membership that is not a Fixed Membership.
(28) Related Entities has the meaning it has in the Corporations Act 2001 (Cth) and includes the Franchisor and the operator of any Club.
(29) Rules means any Rules, in addition to this Agreement, that we reasonably deem to be necessary or convenient for the administration of the Clubs and that are notified to you and your guests, including any rules posted on the Website (if any) or in a Club.
(30) Schedule of Fees means the schedule of fees for the relevant Club and Membership as provided for on the Website and as amended by us from time to time.
(31) Staff means employees, consultants, contractors or agents engaged by us who work at the Clubs.
(32) Start Date means the date nominated in the Membership Application.
(33) Surcharge Fee Rate means the rate specified in the Schedule of Fees from time to time.
(34) Suspension Fee means the fee of that name provided for in the Schedule of Fees from time to time.
(35) Termination Fee means the fee of that name provided for in the Schedule of Fees from time to time and may include fees payable to 3rd party debt collection agencies.
(36) Terms and Conditions means the terms and conditions contained in this document, as varied from time to time.
(37) Transfer Fee means the fee of that name provided for in the Schedule of Fees from time to time.
(38) Unauthorised Entry Fee means the fee of that name provided for in the Schedule of Fees from time to time.
(39) Us means the Franchisee and its Related Entities and referred to throughout this Agreement as ‘us’, ‘our’ or ‘we’.
(40) Website means www.plusfitness.com.au
(41) Youth Membership means the Membership applicable to persons aged between 14 and 15 (inclusive).
- ARE THERE ANY RESTRICTIONS ON JOINING?
Fit for Exercise
3.1 You must not undertake exercise within a Club:
(1) unless you reasonably believe based on reasonable grounds known to you that you are fit and able to undertake active exercise;
(2) that is contrary to advice given to you from a doctor, Allied Health, any medical professional or from advisory papers supplied with any medicines you are taking; or
(3) whilst you are carrying an injury or have reasonable grounds to suspect you are carrying an injury.
3.2 If you are suffering from any injury or illness and wish to undertake limited exercise within a Club, you must notify Staff before commencing any exercise of that illness or injury and sign a disclaimer in favour of us in respect of any damage of injury you might suffer from exacerbating, complicating or suffering consequential injury flowing from that exercise or flowing from that illness or injury.
3.3 You agree to use our Clubs, products and services with due care and reasonable skill and on the condition that if you have any difficulty using any equipment, that you will cease using that equipment unless and until you have notified Staff and been given guidance on the use of that equipment and you have been given approval by Staff to continue using that equipment.
3.4 Should you injure yourself, or get hurt while utilising our Clubs, facilities, products and/or services, you will immediately cease exercise and notify Staff. It is a condition of entry into and use of a Club that you must take full responsibility for your actions, to exercise within your strength and conditioning and that you indemnify us against any costs, losses or damages we may suffer in relation to your actions or injury whilst attending a Club.
Minimum Age
3.5 A person must be 8 years or older to become a Member. Any Member under the age of 18 must have a parent or guardian provide approval for their Membership Application. Approval must be given via the Parent/Guardian Approval Form that will be sent via SMS or email following receipt of your Membership Application or by signing a hard copy of the Membership Application. All members under the age of 16 must abide by the Junior or Youth Membership conditions of entry (separately provided and which are incorporated herein in full for each such Member under the age of 16).
3.6 Junior and Youth Memberships are only available to Members between the age of 8 and 15 (inclusive). Once a member turns 16 years old, their membership will be updated to a standard Membership for those 16 year olds and above.
- WHEN DOES MY MEMBERSHIP COMMENCE?
Fixed Term and Periodic Membership
4.1 Your Membership commences on the Start Date. Before commencing exercise
4.2 Before your first attendance at a Club to use its facilities and at any other time reasonably requested by Staff, you will be required to complete a pre-exercise form. In completing that form, you represent that:
(1) the information you provide us is:
(2) you have not received advice that would indicate to a reasonable person that there are grounds to suspect any of the information you have given to us is not accurate or complete in all material respects.
- CAN I CHANGE MY MIND?
7 Day Cooling Off Period
5.1 You may cancel your Membership any time before 5.00pm on the 7th Day following the Join Date.
5.2 Cancellation must be completed through the Online Portal.
5.3 All new Members must provide a direct debit authority at the date of joining and such direct debit authority will be actioned immediately upon the seven-day period expiring unless you advise us through the Online Portal within that time period that you want to cancel your Membership.
5.4 If you exercise your cooling-off rights under clause 5.1, we will refund any fees already paid by you excluding the Activation Fee and Administration Fee
- WHEN DO I PAY?
Fixed Term
6.1 If your Membership Plan is for a Fixed Term then you pay your Membership Fees either:
(1) on the Join Date in full; or
(2) by instalments paid in advance by direct debit for the duration of the Fixed Term commencing on the date specified in the Membership Application.
Periodic
6.2 If your Membership Plan is a Periodic Membership, you agree to pay your Membership Fees fortnightly in advance via direct debit commencing on the Start Date.
General
6.3 Unless prohibited by law in the State or Territory where the Home Club is located, at the expiry of the Fixed Term direct debit Membership Plan, unless you apply for another type of Membership Plan, you hereby request that your Membership Plan will be automatically transferred to a Periodic Membership and you will be liable to pay your Membership Fees for the Periodic Membership fortnightly in advance by direct debit. You acknowledge those Membership Fees and associated terms and conditions may be varied in accordance with this Agreement.
6.4 At the end of the Periodic Membership term, your Membership Plan will be automatically renewed for a further Periodic Membership and you will be liable to pay your Membership Fees fortnightly in advance via direct debit commencing on the date your Periodic Membership term ends.
6.5 If your Membership Plan requires you to meet certain eligibility criteria (e.g. a Student Membership) and you become ineligible to hold that Membership Plan, you hereby request that your Membership Plan be automatically renewed for a similar Membership Plan which you are eligible for, using the existing payment methods provided to us. We will provide you with 14 days’ notice prior to this change.
6.6 If you do not want your Membership Plan to be automatically transferred or renewed then you must provide us with notification of cancellation in accordance with these Terms and Conditions via the Online Portal.
Direct Debit
6.7 You must complete a Direct Debit Authority (DDA) when submitting your Membership Application for your Membership. By ticking and submitting the DDA you authorise us to debit all Membership Fees from the nominated account or credit card via instalments in advance utilising the services of the Nominated Direct Debit Service Provider.
6.8 You agree that it is your responsibility to have sufficient credit in the nominated account/s so that payment is made to us on time and in full at the time the payment is processed.
6.9 We accept no liability to you for drawing funds under your DDA to meet liabilities under this Membership Agreement, including without limit, the Direct Debit Decline Fee and any additional charges imposed by your financial institution or the Nominated Direct Debit Service Provider due to insufficient funds or credit in your nominated account/s.
6.10 If the payment date falls on a day that is not a Business Day then the direct debit may occur on the first Business Day immediately following the day the payment was to be made.
6.11 Failure to provide a DDA and set up a direct debit may result in the immediate termination of this Agreement by us. Increases in Membership Fees
6.12 Fees payable by you in accordance with this Agreement may increase in cost as of 1 July each year or another date to be notified in writing pursuant to clause 6.14. This will only apply to Memberships active prior to the date notified.
6.13 If you choose to pay your Membership Fees with a credit card, you may be charged surcharge fees at the Surcharge Fee Rate.
6.14 We will provide you with at least 28 days written notice of the changes before any proposed change takes effect. We will email or post you any such notice to the last known address in our records.
6.15 If you do not wish to accept the proposed changes, you may cancel your Membership without additional penalty provided that you notify us in writing within 14 days of receiving our notice.
6.16 If you do not cancel your Membership then your Membership will be varied and continue in accordance with any changes notified to you from the expiry of the period of the notice to you or the effective date notified, whichever is the later.
GST
6.17 All Membership Fees are inclusive of any applicable GST. The Member is responsible for any additional costs, charges, taxes, claims or other liabilities (including any applicable fringe benefits tax) arising from their use of the Clubs or any other goods or services offered or provided in connection with their Membership.
Schedule of Fees
6.18 The fees payable in accordance with this Agreement and listed in the Schedule of Fees (not including Membership Fees) will change from time to time, as deemed necessary by us.
- HOW DO I CANCEL MY MEMBERSHIP?
7.1 If your Membership Plan is Fixed Term (paid in full) or a Periodic Membership, then you may cancel this Agreement at any time however:
(1) you must give a minimum of 28 days’ notice (in advance), unless legislation in your state or territory requires a shorter notice period, of your intention to cancel via the Online Portal;
(2) you are not entitled to a refund of any Membership Fees paid; and
(3) no cancellation fees apply.
7.2 If your Membership Plan is Fixed Term (paid by instalments), then you may cancel this Agreement at any time before the expiry of the Fixed Term, however:
(1) you must give a minimum of 28 days’ notice (in advance), unless legislation in your state or territory requires a shorter notice period, of your intention to cancel via the Online Portal;
(2) all payments due as at the date of cancellation must be paid in full; and
(3) you must pay the then applicable Cancellation Fee. Ongoing
7.3 Your Membership is otherwise ongoing and expires at the earliest of:
(1) the termination of your Membership by us in accordance with this Agreement; or
(2) the date 28 days, unless legislation in your state or territory requires a shorter period, after you provide notice in accordance with this clause 7.
- CAN I CHANGE MY MEMBERSHIP?
8.1 You may change your Membership Plan in accordance with this Agreement by notice to us through the Online Portal. Any change to your Membership may incur a Change of Membership Fee (as well as the applicable increase or decrease in Membership Fees).
8.2 You also acknowledge that if you use a club that is not your Home Club on an ongoing and frequent basis your membership agreement may be transferred to the club you use most frequently and the Membership Fees payable at that club will apply.
- CAN I PAUSE MY MEMBERSHIP?
9.1 You can suspend your Membership at any time on the following terms:
(1) providing no notice of cancellation has been provided;
(2) for a minimum period of one (1) week and for a maximum period of twelve (12) weeks;
(3) any suspension will incur the Suspension Fee which must be paid upfront and prior to commencement of suspension; and
(4) all Membership Fees must be paid up to date at the time of your notice of suspension.
9.2 During any suspension made in accordance with this Agreement, the Fixed Term is extended for the length of the suspension. You are not able to cancel your Membership during a suspension.
- WHAT HAPPENS IF I GET SICK?
10.1 If you are unable to use our Clubs by reason of temporary physical incapacity, for a period of more than seven (7) consecutive days, you may suspend your Membership for up to three months within any 12-month period by notice to us through the Online Portal accompanied by a verifiable medical certificate. You will not be charged Suspension Fees under clause 9.
10.2 You must provide a medical certificate if you wish to reactivate your Membership prior to the expiration of a medical suspension.
10.3 If you wish to suspend your Membership for longer than three months within any 12-month period then clause 9 applies.
10.4 If you are unable to use our Clubs by reason of permanent physical incapacity, you may cancel your Membership by request via the Online Portal and uploading a verifiable medical certificate. If:
(1) your Membership Plan is Fixed Term (paid in full) you will be entitled to a refund of any unused prepaid amount less an Administration Fee;
(2) your Membership Plan is Fixed Term (payable by instalments) we will put a stop to the direct debit payments as soon as possible after notice is received through the Online Portal, but you will be required to pay the Membership Fees to the date of notification; or
(3) the Membership Plan is a Periodic Membership, we will put a stop to the direct debit payments as soon as possible after notice is received through the Online Portal but allowing us to deduct your Membership Fees to the date of notification.
10.5 Your Membership will terminate automatically on your death. We will terminate your account on receipt of notification of your death, providing we receive reasonable evidence of the same. You will not be charged fees in the event of your death.
- WHEN CAN YOU CANCEL MY MEMBERSHIP?
11.1 Your Membership is conditional on your compliance with the terms of this Agreement (including the prompt payment of the Membership Fees) and your compliance with the Rules. Failure to pay Membership Fees
11.2 If you do not fully pay your Membership Fees on the due date, we may:
(1) suspend your Club access until your payments are up to date; and
(2) continue to debit your nominated account without notice along with any dishonour fees that apply, until we have received the total amount you owe us;
or
(3) terminate your Membership, along with charging you any Termination Fee that may apply.
Bad Behaviour
11.3 We reserve the right to suspend or cancel your Membership immediately:
(1) if, in our opinion, you do not behave in a correct and orderly manner, respecting the entitlement of all patrons to use the Clubs in peace and without disturbance or disruption by you;
(2) if you do not comply with the reasonable directions of our Staff;
(3) if you misuse our products, services, or facilities or use them for purpose other than the use for which they were designed or intended;
(4) if you are within the premises of a Club or its surrounds under the influence of drugs or alcohol;
(5) if you are abusive or aggressive to Staff or other patrons or act in a manner that is lewd or provocative;
(6) if you do not adhere to the terms of this Agreement;
or
(7) if any declaration you make concerning your age, health or proclivity to injury is false, misleading or otherwise deceptive.
11.4 For the purposes of clause 11.3, a Staff’s statement that you have acted in a way mentioned in clause 11.3, is evidence of you doing so.
General
11.5 If we suspend or cancel your Membership, you must pay all your Membership Fees up to the date of the suspension or cancellation and you must pay the applicable Suspension
Fee or Cancellation Fee.
11.6 You agree to pay us any costs we incur (including our legal costs on a solicitor and own client basis) incurred by us in enforcing any rights we have under this Agreement.
- HOW DO I ACCESS THE CLUB FACILITIES?
General
12.1 Your Membership entitles you to access to and use of the Clubs and their facilities in accordance with this Agreement and the entitlements of your Membership Plan during their advertised opening times which may change from time to time at our discretion. To gain entry into one of the Clubs:
(1) you must have a valid access pass or Member ID Application and present it for admission;
(2) your Membership must be current and not suspended or cancelled; and
(3) you must not have any outstanding Membership Fees.
12.2 Entry to a Club is subject to availability and we reserve the right to refuse entry to any Member if it would result in the Club exceeding any patron limits set for the venue by any government or regulatory authority.
12.3 We (and our Staff) have the discretion to refuse entry to any Member at any time if, in our reasonable opinion, the Member has not or will not comply with this Agreement or the Rules, or the refusal is necessary or convenient for the orderly operation of the Club or the safety or comfort of other Members, guests and Staff.
12.4 If your access pass is lost, stolen or otherwise missing, then you must report that to your Home Club as soon as practical after learning of the fact. We will replace a lost, stolen or otherwise missing access pass for the Activation Fee.
Personal Training
12.5 Personal trainers operate separately to us under a licence agreement between us and them to utilise the Clubs to undertake personal training services. Members must not utilise personal training at a Club provided by any person other than a personal trainer licensed by us.
12.6 Personal training sessions are an opt-in service for an additional fee, and are subject to additional terms and conditions and costs as agreed between you and the personal trainer.
12.7 We take no responsibility at all for any personal trainer’s:
(1) actions or omissions; or
(2) services, or any injury or loss you may suffer as a result of the same.
Group training sessions
12.8 You may incur a No Show Fee for any pre-booked classes to which you do not attend as booked by you or cancel with at least 24 hours notice.
Access during certain times
12.9 Individual Clubs may vary their opening hours, but you acknowledge that Clubs can be closed due to public holidays, general or urgent maintenance or upgrades.
12.10 So far as is practical, these dates and times will be displayed within the Clubs or on our Website for your attention.
12.11 We reserve the rights to vary or change classes and services, including for reasons of seasonal conditions, participation rates, Staff availability and maintenance requirements of the building. There are no refunds or credits issued for such days.
Lockers and Possessions
12.12 You agree that the premises of each Club is a physical training facility, within which areas dedicated to physical training (including any pool, sauna, spa or like area) are not areas into which it is appropriate to take bags or anything of value, and that anything of value you bring onto the premises of any Club is at risk and that risk is yours alone. You are to ensure that all your personal items are stored in a safe place.
12.13 We strongly recommend that you do not take bags or anything of value onto the premises of any Club. We have no responsibility to provide you with a secure place to leave any such items and do not accept responsibility for items which are lost, misplaced or stolen from within or outside of the lockers or any other area of a Club.
12.14 Lockers are provided for the convenience of Members and guests within some of the Clubs and whilst some lockers have locks and keys, you agree that those lockers are not secure and that we do not represent them as being secure.
12.15 All bags brought onto Club premises are at your own risk and must be kept in a locker (unless you are at a service area outside the dedicated exercise areas).
12.16 Under no circumstance can bags be taken onto areas dedicated to exercise.
12.17 Lockers are only supplied for you to store your personal items whilst using the facilities of the Club. This is done at
your own risk absolutely. These lockers under no circumstances are to be used as storage outside of the hours that you are using the facilities of the Club.
12.18 You must not bring onto any Club premises any hazardous items including flammable goods, gas cylinders, acids and poisons, lithium batteries, bleaches, paints and sharp objects (metal cutlery, letter openers, razor blades) or anything that can be used as a weapon.
Access by Non-Members and Members
12.19 No Member is permitted to bring or allow a non-member into a Club without Staff permission or during any period when there are no Staff present or hours when the Club is not formally open. No Member shall use their access pass for another Member and each member must utilise their own access pass each time they enter or leave a Club. If you breach this clause then:
(1) you accept responsibility and liability for any injury, loss or damage attributed to the non-member;
(2) the act of bringing a non-member into a Club or swiping in another member will give rise to an Unauthorised Entry Fee payable by you. The Unauthorised Entry Fee, in addition to the relevant transaction fees, will be charged to you by a deduction from your nominated bank account as part of the next instalment; and
(3) we may decide to cancel your Membership.
Access by Children
12.20 For safety reasons Non-member Children are not permitted in a Club unless permission is granted by Staff and any Member who allows a non-member Child or Children access to a Club will be liable for the Unauthorised Entry Fee and may have their membership immediately terminated.
- CHANGES TO THIS AGREEMENT OR CLUB RULES
13.1 We reserve the right at all times to vary this Agreement and the Rules, in any way including by:
(1) opening new gyms or other facilities;
(2) closing or ceasing to operate Clubs or other facilities;
(3) changing the way Clubs or other facilities are operated, including contracting any third party to provide such facilities or any goods or services;
(4) varying the hours of operation of any Club or other facility;
(5) varying the offering of any Club including changing classes or fitness activities offered by us;
(6) varying the layout, location or other aspects of the Club including the types of facilities that are available and the times during which they are available; and
(7) imposing restrictions on the use of Clubs, facilities, goods or services by a Member or group of Members as may reasonably be deemed by us to be necessary or convenient for the orderly administration of the Club.
13.2 We will use reasonable endeavours to advise you of any material changes including by publishing the changes on the Website and/or through the Online Portal.
13.3 If we close any or all Club facilities or gyms, or amend this Agreement or the Rules in a way that deprives you substantially of the intended use of your Membership you will have the option of cancelling your Membership without penalty and you will receive a pro-rata refund of fees paid in advance.
13.4 You are not entitled to cancel your Membership or receive a refund for any closures for a period of up to and including four (4) weeks provided that we provide you with access to a reasonable alternate Club within 10kms of your Home Club.
- LIABILITY
14.1 Subject to clause 17 and to the extent permitted by law, we and our Related Entities exclude any liability to you or any other person in tort, statute, or in any other way for any injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage) sustained by you and/or any other person, or for any costs, charges or expenses incurred by you, arising from or in connection with this Agreement and/or the services/products provided by us and any act or omission by us.
14.2 You agree that you will be liable for any injury, loss, or damage suffered by any person resulting from your use of our Clubs, facilities, products, services, or premises, and you agree to indemnify us and our Related Entities against any costs, losses, damages or claims brought against us by any person in relation to such injury, loss, or damage.
- CREDIT AND DEBIT REPORT AGENCIES
15.1 If paying by direct debit, you authorise us or the Nominated Direct Debit Service Provider to notify any debt collection or credit reporting agency of your default upon default by you regarding any obligation under this Agreement and any failure to remedy such default after notification.
- ASSIGNMENT OF MEMBERSHIP
16.1 We may assign or novate your Membership to a third party without your consent.
16.2 If we assign your Membership, we will provide you with 28 days written notice.
16.3 An assignment of your Membership does not void the terms of your Membership.
- CONSUMER GUARANTEES
17.1 The Australian Consumer Law gives you certain guarantees, including that our services will be rendered with due care and skill, and that the services will be reasonably fit for purpose.
17.2 If we breach those guarantees and you suffer reasonably foreseeable loss or damage, to the extent allowed by the Australian Consumer Law, we and our Related Entities limit our liability to any one or more of the following (in our absolute discretion):
(1) the replacement of any products supplied;
(2) the repair of any products supplied;
(3) a refund of the Membership Fees paid; or
(4) payment of the cost of you obtaining equivalent services elsewhere.
17.3 The consumer guarantees may not be applicable in circumstances:
(1) where you simply change your mind after the 7 day cooling off period;
(2) if you cause the problem yourself by misusing our products or services; or
(3) if you request a service to be done in a certain way against our advice or are unclear about what you want, and no refunds or compensation will be given in these circumstances.
17.4 We acknowledge that certain consumer protection legislation implies conditions or warranties into contracts for the supply of goods or services to consumers that cannot be excluded. Nothing in this Agreement is intended to exclude or restrict the application of such laws.
17.5 You agree that implied terms under consumer protection laws will not apply to this Agreement where the Membership has been obtained for business purposes, provided that the relevant provisions may by law be excluded.
- YOUR ACKNOWLEDGEMENTS AND ASSUMPTION OF
RISK
18.1 You understand and acknowledge that:
(1) during such times that you frequent a Club or participate in an activity, be it internal or external, that you are doing so at your own risk;
(2) the risk of injury from using equipment in a Club or participating in activities is significant, and may include permanent paralysis or death and you knowingly and freely assume all such risks;
(3) we purchase or lease the fitness and exercise equipment from third parties and therefore do not manufacture any of this equipment, and we are providing recreation services and may not be held liable for defective products or equipment;
(4) you will not hold us or our Related Entities liable for any personal injury, damage to or loss of belongings which may arise from ours, or our Staff, members, clients, contractors or associates, negligence;
(5) whilst at a Club you may at times be unsupervised and you assume all risks associated with using any fitness and exercise equipment and exercising alone without the aid and presence of any Staff;
(6) subject to this Agreement, you are not otherwise entitled to bring any guests to a Club without our prior written consent, and if you do so, we may, at our sole discretion, suspend or cancel your Membership and the remainder owing on the Membership will be a debt due and payable to us;
(7) we have the right to cancel or suspend your Membership and exclude you from the any Club (in each case, temporarily or permanently at our sole and absolute discretion) if you do not behave in an orderly manner, are under the influence of alcohol or drugs, are abusive to Staff and/or other members, use equipment improperly, dangerously or in a way that may lead to personal injury (whether to you or others) or you cause property damage of any kind, or do not adhere to any of the terms of this Agreement; and
(8) by becoming a Member, you understand that this Agreement is legally binding whether your use is limited to one visit (casual) or you are on a Membership Plan.
- RELEASE AND INDEMNITY
19.1 You hereby release and indemnify us and our Related Entities, our respective officers, affiliates, agents, Staff, employees, contractors, and other participants, with respect to any and all injury, disability, death or loss or damage to person or property, whether arising from our negligence or otherwise, that may arise out of or in connection with your use any of the equipment or the facilities provided by us, your participation in any activity, or any incident that occurs while using the Club or participating in any activity.
19.2 To the extent permitted by law, we and our Related Entities hereby exclude any liability to you for any injury, loss or damage to you or your property sustained by you or any other person for any costs, charges and expenses incurred by you arising from or in connection with this Agreement and/or the services provided by us and including any act or omission by us.
19.3 You expressly agree that this release is intended to be as broad and inclusive as permitted by law. If any part of this Agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. You acknowledge that the remainder of this Agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected.
20. PRIVACY
20.1 You agree that the information which we collect and retain about you can be used in accordance with our Privacy Policy and that those terms are incorporated herein by reference.
20.2 Our Privacy Policy is available at: www.plusfitness.com.au (Privacy Policy).
20.3 You further acknowledge that each Club utilises CCTV for security and monitoring purposes.
21. GENERAL PROVISIONS
Governing Law
21.1 This Agreement is governed by the law in force in New South Wales and each party submits to the exclusive jurisdiction of the courts of New South Wales.
Entire Agreement
21.2 But for any additional agreement for private classes or personal training you may have entered into, this Agreement constitutes the entire agreement between you and us regarding your Membership, and its subject matter and supersedes all previous agreements, understandings and negotiations on that subject matter.
PLUS FITNESS JOIN & TRAIN $40,000 EOFY GIVEAWAY
Terms and Conditions
- PROMOTER
1.1. Plus Fitness Pty Ltd (ABN 88 126 140 181) of registered office address 372-376 Botany Road, Alexandria NSW 2015 (the “Promoter”) is the franchisor of the Plus Fitness network and conducts this promotion in connection with participating Plus Fitness franchised locations, which may include both franchised and corporate-owned facilities.
- ACCEPTANCE OF TERMS
2.1. By entering this Promotion, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions in their entirety.
2.2. The Promoter reserves the right to amend these Terms and Conditions, subject to any applicable laws or regulatory requirements. Any amendment will be effective upon publication on the Promoter’s website or as otherwise notified to participants. The Promoter will use reasonable endeavours to notify Eligible Individuals and ensure that any amendments do not materially disadvantage participants who have already entered the Promotion.
2.3. These Terms and Conditions will be made available via www.PlusFitness.com.au throughout the Promotion Period and will remain available until the Draw has been conducted and all prizes (including any redraw prizes) have been awarded.
2.4. To the extent permitted by law, in the event of any inconsistency between these Terms and Conditions and any promotional or advertising material, these Terms and Conditions will prevail.
- DEFINITIONS
3.1. In these Terms and Conditions, unless the context otherwise requires:
Draw means the draw conducted in accordance with clause 10.
Eligible Individual means a person who meets the eligibility requirements set out in clause 5.
Eligible Membership means a Plus Fitness membership that is held at a Plus Fitness located within Australia which is active, in Good Standing and is not suspended, on hold, cancelled, or otherwise inactive.
Eligible New Member means an Eligible Individual who, as at the date of joining during the Promotion Period:
a) has not held an active Plus Fitness membership at any time in the three (3) months immediately preceding the date of joining;
b) has not received free membership time or a comparable promotional credit under any Plus Fitness within the three (3) months immediately preceding the date of joining; and
c) joins on a Power Membership or Flexi Membership at a Participating Location during the Promotion Period.
Entry means an entry into the Promotion in accordance with clause 6.
Good Standing means, in respect of a Plus Fitness membership, that the membership is active and not cancelled, suspended, or in arrears, and the member is not otherwise in breach of the applicable membership terms and conditions.
Offer means the six (6) week membership fee credit made available to Eligible New Members at participating Plus Fitness locations during the Promotion Period, as described in clause 15.
Offer Period means the period of six (6) weeks commencing on the date on which an eligible individual's membership is activated in accordance with these Terms and Conditions.
Participant means an Eligible Individual who has a valid Entry in accordance with these Terms and Conditions.
Participating Location means a Plus Fitness location within Australia that is participating in the Promotion.
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Privacy Policy means the Promoter’s privacy policy available at www.plusfitness.com.au.
Prize means a prize described in clause 8.
Promotion means the Plus Fitness Join & Train $40,000 Eofy Giveaway.
Promotion Period means the period defined in clause 4.1.
Promoter has the meaning given in clause 1.
Valid Visit means a visit to a Participating Location recorded in accordance with clause 6.
- PROMOTION PERIOD
4.1. The promotion commences at 12:00am (AEST) on 25 May 2026 and ends at 11:59pm (AEST) on 30 June 2026 (the “Promotion Period”).
4.2. The Promoter reserves the right to amend, suspend, extend, or cancel the Promotion Period, subject to any applicable laws or regulatory requirements.
4.3. Upon expiry or termination of the Promotion Period no further entries will be accepted.
- ELIGIBILITY
5.1. Entry into the Promotion is open to individuals who:
a) are residents of Australia; and
b) satisfy the eligibility requirements set out in these Terms and Conditions (each an “Eligible Individual”).
5.2. To be eligible as an existing member, an individual must hold an active Eligible Membership in Good Standing during the Promotion Period.
5.3. To be eligible as a new member, an individual must join Plus Fitness during the Promotion Period as a Eligible New Member and maintain an Eligible Membership in Good Standing from the date of joining until the Draw.
5.4. The following individuals are not eligible to enter the Promotion:
a) employees, officers, and directors of the Promoter and its related entities;
b) any person involved in the administration, management, or conduct of the Promotion, including the determination of winners;
c) the immediate family members of any person listed in paragraphs (a) to (b) (including spouses, de facto partners, parents, children, and siblings); and
d) any other persons reasonably determined by the Promoter to be ineligible due to their involvement in the Promotion.
5.5. The Promoter reserves the right to verify the eligibility of any Participant and may request such information or documentation as reasonably required for this purpose. Failure to provide such information may result in disqualification.
- HOW TO ENTER
6.1. Entry into the Promotion is automatic and no separate entry form, fee or submission is required.
6.2. Entry into the Promotion is free. No additional fee is charged to participate, and any membership fees relate solely to the underlying Plus Fitness membership and not to entry into the Promotion.
6.3. An Eligible Individual who signs up for an Eligible Membership during the Promotion Period will receive one (1) entry into the Promotion upon successful activation of their membership, subject to these Terms and Conditions.
6.4. An Eligible Individual will receive one (1) entry into the Promotion for each valid visit to a Participating Location during the Promotion Period, subject to a maximum of one (1) entry per person per day.
6.5. For the purposes of this Promotion, a “valid visit” means a physical entry into a Participating Location that is recorded by the Promoter’s access control system via an entry swipe or equivalent check-in method.
6.6. There is no maximum total number of entries that may be earned by an Eligible Individual during the Promotion Period, subject to the daily limit in clause 6.4.
- ENTRY VALIDITY & VERIFICATION
7.1. The Promoter reserves the right to verify the validity of entries and the eligibility of Participants at any time, including by requesting such information or documentation as it reasonably requires.
7.2. The Promoter may, acting reasonably, disqualify any Participant or invalidate any entry where:
a) the Participant does not meet the eligibility requirements;
b) the entry is not recorded in accordance with these Terms and Conditions;
c) the entry is incomplete, invalid, or cannot be verified; or
d) the Promoter reasonably suspects that the entry has been obtained improperly, fraudulently, or in breach of these Terms and Conditions and the Plus Fitness Membership Terms and Conditions.
7.3. Entries are deemed to be received at the time they are recorded in the Promoter’s systems. The Promoter accepts no responsibility for entries that are not recorded due to technical issues, system errors, or other circumstances outside the Promoter’s reasonable control.
- PRIZE STRUCTURE
8.1. There are one hundred and sixty-five (165) prizes available to be won in the Promotion, with a total prize pool valued at $40,000 (RRP).
8.2. The prizes available in the Promotion consist of the following:
a) twenty (20) Mastercard gift cards valued at $1,000 each;
b) five (5) THE ICONIC vouchers valued at $1,000 each;
c) forty (40) LSKD vouchers valued at $250 each; and
d) one hundred (100) Supps Society vouchers valued at $50 each.
8.3. There will be a total of one hundred and sixty-five (165) winners, with each winner receiving one (1) prize.
8.4. All valid entries will be entered into a single draw.
8.5. Each valid entry will have an equal chance of being selected.
8.6. Prizes will be awarded in the order drawn in accordance with clause 10.
8.7. Each prize will be awarded to a single winner.
8.8. Each valid entry is eligible to receive a maximum of one (1) prize.
8.9. The Promoter makes no representation as to the suitability of any prize for any particular purpose, subject to any rights under applicable laws.
- PRIZE CONDITIONS
9.1. All prizes are as described in these Terms and Conditions and are subject to availability.
9.2. Prizes are not transferable, exchangeable, or redeemable for cash or other goods or services, except where required by law.
9.3. Prizes will be delivered electronically to the email address associated with the winner’s Plus Fitness membership, unless otherwise specified by the Promoter.
9.4. Prizes supplied by third parties, including but not limited to Mastercard, LSKD, THE ICONIC and Supps Society, are subject to the terms and conditions of those third parties. The Promoter is not responsible for the terms, conditions, or use of any third-party prize.
9.5. Any expiry dates or conditions applicable to a prize will be determined by the relevant issuer or supplier and must be complied with by the winner. The Promoter is not responsible for any failure by a winner to use a prize within the applicable timeframe.
9.6. The Promoter reserves the right to substitute a prize (or any component of a prize) with a prize of equal or greater value where reasonably necessary due to circumstances beyond the Promoter’s control, subject to any applicable laws or regulatory requirements.
9.7. To claim a prize, a winner may be required to:
a) provide proof of identity;
b) confirm their eligibility; and
c) comply with any reasonable instructions of the Promoter.
9.8. Failure to comply with these requirements may result in forfeiture of the prize, subject to applicable laws.
9.9. Unless expressly stated, any costs associated with accepting, redeeming, or using a prize are the responsibility of the winner.
9.10. The Promoter makes no representations or warranties regarding the quality, suitability, or fitness for purpose of any prize, except as required by law.
- PRIZE DRAW
10.1. The draw to determine the winners of the Promotion (the “Draw”) will take place at Plus Fitness Head Office, 372-376 Botany Road, Alexandria NSW 2015 on 7 July 2026 at 2PM (AEST).
10.2. The Draw will be conducted electronically using a random selection process from all valid entries received during the Promotion Period.
10.3. The Draw will be conducted in the following order:
a) twenty (20) Mastercard gift cards.
b) five (5) THE ICONIC vouchers.
c) forty (40) LSKD vouchers.
d) one hundred (100) Supps Society vouchers.
10.4. Participants must remain eligible in accordance with these Terms and Conditions at the time of the Draw and at the time of prize award.
10.5. All selected winners are subject to verification in accordance with these Terms and Conditions. The Promoter reserves the right to verify the validity of entries and eligibility of Participants prior to awarding any prize.
10.6. If an entry drawn is deemed invalid or the Participant is ineligible, that entry will be disregarded and a new entry will be drawn in its place.
10.7. The Draw will be conducted in accordance with applicable laws and regulatory requirements. The Promoter will ensure that the Draw is conducted fairly and in a manner that ensures each valid entry has an equal chance of winning.
- NOTIFICATION OF WINNERS
11.1. Winners will be notified by email using the contact details associated with their Plus Fitness membership within seven (7) days of the Draw.
11.2. It is the responsibility of each Participant to ensure that their contact details are accurate and up to date. The Promoter accepts no responsibility for any failure to notify a winner due to incorrect or incomplete contact details.
11.3. The Promoter will take all reasonable steps to identify and contact each winner using the contact details associated with the winner’s entry.
11.4. Reasonable steps may include, but are not limited to:
a) contacting the winner via email;
b) attempting to contact the winner by phone where contact details are available; and
c) any other method reasonably available to the Promoter based on the information provided by the Participant.
- PRIZE CLAIM
12.1. Winners must claim their prize by responding to the notification email and complying with any instructions provided by the Promoter within fourteen (14) days of being notified.
12.2. To claim a prize, a winner may be required to:
a) provide proof of identity;
b) confirm their eligibility; and
c) provide any other information reasonably requested by the Promoter.
12.3. Prizes will be delivered within 28 days of the Draw, or as otherwise required by applicable laws.
12.4. If a winner:
a) does not claim their prize within the time specified in clause 12.1; or
b) fails to provide the information required under clause 12.2 within a reasonable timeframe specified by the Promoter,
the prize will be deemed unclaimed.
12.5. If, despite taking reasonable steps, the Promoter is unable to contact a winner or the winner does not respond within the time specified in these Terms and Conditions, the prize will be deemed unclaimed.
12.6. Where a prize is deemed unclaimed, the Promoter will conduct a redraw in accordance with clause 13 and any applicable laws or regulatory requirements.
- REDRAW
13.1. If:
a) a prize remains unclaimed for a period of 3 months from the date of the Draw; or
b) a selected winner is ineligible; or
c) an entry is deemed invalid,
the Promoter will conduct a redraw for that prize.
13.2. Any redraw will take place at the same location as the original Draw.
13.3. The redraw will be conducted in the same manner as the original Draw, and these Terms and Conditions will apply to the redraw as if it were the original draw.
13.4. Winners of any redraw will be notified in accordance with the Notification of Winners clause.
- PUBLICATION OF WINNERS
14.1. The name and, where permitted by law, the suburb of residence of each winner will be published on the Promoter’s website at https://www.plusfitness.com.au/ within thirty (30) days of the Draw.
14.2. If a redraw is conducted, the name and, where permitted by law, the suburb of residence of each redraw winner will be published on the Promoter’s website within thirty (30) days of the redraw.
14.3. The publication of the winner will remain on the Promoter’s website for a minimum of 28 Days.
- 6-WEEK FREE TIME OFFER
15.1. Eligible New Members will receive a credit of six (6) weeks of membership fees (the "Offer") when they sign up to an Eligible Membership at a participating location during the Promotion Period.
15.2. The Offer is a separate promotional offer made available by the Promoter in connection with this Promotion. The Offer does not form part of the prize pool, is not included in the Draw, and eligibility for or receipt of the Offer does not constitute, or affect the chances of, winning a Prize.
15.3. Existing members are not eligible to redeem the Offer.
15.4. The Offer is available at participating Plus Fitness locations only. Participation in the Offer is subject to the opt-in of individual franchisees, and not all Plus Fitness locations may offer the Offer during the Promotion Period. Individuals are encouraged to confirm availability of the Offer with their local Plus Fitness club prior to joining. The Promoter accepts no liability where the Offer is unavailable at a particular location due to a franchisee's election not to participate.
15.5. The Offer will be applied upon signup and payment of any applicable pro-rata fee. Standard joining, activation, and/or access pass fees may also be charged at the discretion of the participating franchisee and are not covered by the Offer. The promotional credit will be applied once any applicable pro-rata fee has been paid.
15.6. The Offer cannot be transferred to another person, exchanged for cash or any other form of consideration.
15.7. Subject to these terms and conditions the Offer cannot be combined with any other offer, promotion, or discount.
15.8. If an Eligible Individual gives notice to cancel their membership during the Offer Period, the cancellation will take effect only after the Offer Period has ended. Any required notice period under the applicable membership terms and conditions will commence from the end of the Offer Period and not from the date on which notice is given. This clause does not affect any rights an individual may have under applicable law, including any cooling-off rights under the Australian Consumer Law.
- PRIVACY
16.1. By registering for the Promotion, participants consent to the Promoter collecting, using, and disclosing their personal information for the purposes of administering the Promotion and for related promotional and marketing purposes.
16.2. You acknowledge and agree that all personal information collected, used, and retained by the Promoter in connection with the Promotion will be handled in accordance with the Plus Fitness Privacy Policy, which is expressly incorporated into these Terms and Conditions by reference. The Privacy Policy is available at: www.plusfitness.com.au.
16.3. The Promoter may disclose personal information for the purpose of administering this Promotion. If you do not provide the requested information, you may be ineligible to enter or receive a prize.
16.4. The Promoter will retain entries for 5 years after Promotion close and then delete or de-identify them. For privacy queries, see the Privacy Policy.
- MARKETING
17.1. By entering the Promotion, Participants consent to the Promoter using their name, likeness, image, voice, statements, and any content provided in connection with the Promotion for promotional and marketing purposes.
17.2. Participants acknowledge that the Promoter may publish or communicate their Initial, Last name and suburb of residence in accordance with these Terms and Conditions and applicable laws.
17.3. Participant may opt out of the publication of their personal details as detailed in clause 17.2 by providing written notice to the Promoter.
17.4. Any personal information collected and used for marketing purposes will be handled in accordance with the Promoter’s Privacy Policy.
- LIABILITY AND INDEMNITY
18.1. By participating in the Promotion, you agree to release, discharge, and hold harmless the Promoter, its officers, directors, employees, agents, contractors, affiliates, and other participants from any and all liability for any injury, disability, death, or loss or damage to person or property, howsoever arising, whether in contract, tort (including negligence), statute, equity or otherwise, that may occur as a result of:
a) Your participation in the Promotion;
b) Your use of Plus Fitness facilities or equipment; or
c) Any activity conducted or facilitated in connection with the Promotion
to the extent permitted by law.
- WARRANTIES AND CONSUMER GUARANTEES
19.1. To the fullest extent permitted by law, the Promoter makes no warranties, representations, or guarantees, whether express or implied, in relation to any prize or benefit awarded through the Promotion, including but not limited to merchantability or fitness for purpose.
19.2. Where liability cannot be excluded under the Australian Consumer Law or other relevant consumer protection laws, the Promoter’s liability is limited to the extent permitted by law.
19.3. Nothing in these Terms and Conditions shall exclude or modify any guarantees, rights, or remedies which are provided by the Australian Consumer Law or other applicable legislation and which cannot be excluded, restricted, or modified.
20. MEMBERSHIP TERMS
20.1. Participation in this Promotion and redemption of any Offer is subject to the Promoter’s standard membership terms and conditions, as amended from time to time (“Membership Terms”).
20.2. To the extent of any inconsistency, these Terms and Conditions govern the Promotion only and do not amend, vary or override the Membership Terms.
20.3. All fees, charges, access rights and obligations relating to any membership remain governed by the Membership Terms.
20.4. The Offer does not affect any minimum term, payment obligations or other contractual requirements under the Membership Terms unless expressly stated.
20.5. If a new member exercises their right to cancel their membership during any applicable cooling-off period, that individual will not be eligible to receive an entry into the Promotion for joining, and any entry issued in respect of that membership will be deemed invalid and removed from the Promotion.
21. DISPUTES
21.1. Any disputes or complaints arising out of or in connection with the Promotion should be submitted in writing to [email protected] within twenty-eight (28) days of the dispute arising or becoming known to the participant.
21.2. The Promoter will review and respond to any dispute in a timely manner and may, acting reasonably:
a) request additional information from the participant;
b) determine appropriate resolutions or corrective measures; and
c) set reasonable timeframes for resolving the dispute.
21.3. The Promoter’s decisions in relation to the administration of the Promotion will be made in good faith and in accordance with these Terms and Conditions.
21.4. Nothing in this clause limits, excludes, or modifies any rights or remedies available to participants under applicable laws, including the Australian Consumer Law.
22. PERMIT DETAILS
22.1. The Promotion will be conducted under the following permits (as applicable):
a) New South Wales Permit No: TP/05033;
b) South Australia Permit No: TP26/658
c) Australian Capital Territory Permit No: T26/00867
22.2. These Terms and Conditions are subject to any applicable laws and permit conditions. To the extent of any inconsistency, the applicable permit conditions will prevail.
23. INDEPENDENT SCRUTINEER
23.1. The Draw and any applicable Redraw will be conducted in the presence of an independent scrutineer.
23.2. The independent scrutineer will be independent of the Promoter and will supervise the conduct of the Draw to ensure that it is carried out fairly and in accordance with applicable laws and these Terms and Conditions.
24. GENERAL
24.1. Failure by the Promoter to enforce any provision of these Terms will not be deemed a waiver of that provision or of the Promoter’s rights.
24.2. The Promoter reserves all rights and remedies available to it at law or in equity. The exercise of any right or remedy does not preclude the exercise of any other right or remedy.
24.3. If any provision of these Terms is held to be invalid, unenforceable, or illegal, that provision will be severed and the remaining provisions will continue in full force and effect.
24.4. These Terms constitute the entire agreement in relation to the Promotion and supersede all prior agreements, understandings, and representations relating to the Promotion.
24.5. The Promoter will not be liable for any delay or failure to perform its obligations under these Terms where such delay or failure is due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, labour disputes, cyber incidents, or government actions.
24.6. These Terms and Conditions are governed by the laws of New South Wales. The parties submit to the exclusive jurisdiction of the courts of New South Wales for the resolution of any disputes.
