Membership Agreement

Siege Fitness has multiple locations, this agreement is binding across all of these locations and any reference to "Siege Fitness" throughout this document is in reference to any location used. When you sign this document you are becoming a "member" of Siege Fitness.

When you sign this Agreement you are entering into a legally binding contract with us. This Agreement sets out your rights to use the Facilities and Services and the responsibilities you have as a member. These responsibilities, including payment of Membership Fees, do not depend on how often you use the Facilities and Services. What is set out in this Agreement overrides any statements made by you or us before you sign it so you should read through it fully to make sure it reflects your expectations. If you are unsure whether any particular statements that you have relied on are part of this Agreement, or if you have any queries regarding this Agreement, please ask us before you sign.

Direct Debit Information

If an automatic direct debit arrangement is in place, your Membership Fees will continue to be debited from your account until you or we cancel the arrangement. You will need to give 2 payments written notice to Siege Fitness if you wish to end this agreement after your chosen membership's minimum period. If you end this Agreement or stop the automatic debit arrangement in a way not described in this Agreement, you may be liable for unpaid Fees or damages for breach of contract. You should, however, cancel any direct debit authorisation when your Agreement lawfully ends.

Summary of Key terms

Some of the key terms of this Agreement are summarised below. You should refer to the noted clause for full details.

Membership Cancellation: 2 weeks membership written notice is required to cancel your membership after its minimum agreed period. Your membership will only be cancelled if your membership is up to date.

Your Safety: You agree to give us all relevant health and fitness information before or during any exercise. Each time you use the Facilities and Services, you must ensure you are in good physical condition and know of no medical or other reason why you should not exercise. If unsure, you should seek medical guidance.

Access and Reciprocity: When you join Siege Fitness you can access and use Siege Fitness and our Facilities and Services.

Putting Your Membership On Hold: In any 12 month period you can 'freeze' your membership 3 times for up to 16 weeks combined. If we agree, you may freeze your Agreement more than this for travel, medical or hardship reasons but must give us proof. The minimum freeze period is one billing period and you must strictly give 7 days written notice for this freeze to occur, if you do not give 7 days notice your freeze may not be approved. If you have outstanding fees your freeze will also not be approved.

Not Enough Money in Account: Your bank or credit provider may charge you a fee for overdrawing your account. Our third-party Biller also charges a Biller's Dishonour Fee (see the Details and clause 13).

TERMS DEFINITIONS

• Administration Fee: The Fee payable under clause 10.3 (b) as set out in the Details.
• Agreement: this Agreement as described in the Important Notice.
• Biller: Our third party biller, Ezidebit Pty Ltd (ABN: 67 096 902 813).
• Biller's Dishonour Fee: the Fee charged by the Biller under clause 13.3(b) as set out in the Details. Details: the part of this Agreement described as the "Details".
• Direct Debit Amount: what you agree to pay by direct debit each Direct Debit Payment Period as set out in the Details.
• Direct Debit Payment Agreement: the periodic billing agreement you enter into with our third party Biller for periodic billing services.
• Direct Debit Payment Period: the frequency of your direct debit payments as set out in the Details.. Facilities and Services: includes gym premises and all exercise areas, change rooms, equipment, weights, benches, machines, mats and any programs, products, classes and services that you may use (excluding services referred to in clause 14).
• Fees: fees that apply under this Agreement as set out in the Details and referred to in clause 12.
• Fob Key: the access key that allows you to access Siege Fitness.
• Fob Key Fee: the Fee payable under clause 12.4 as set out in the Details.
• Guest Fee: the Fee payable under clause 5.5 as set out in the Details.
• Important Notice: the part of this Agreement described as this.
• Member: a Siege Fitness member.
• Membership: another word used to refer to this Agreement.
• Membership Fees: the Fees you pay to access the Facilities and Services as referred to under clause 12 and set out in the Details.
• Minimum Age: the minimum age to become a Member and use the Facilities and Services and referred to in clause 4.
• Ongoing Agreement: an agreement that continues on an ongoing basis after the Minimum Term until terminated under clause 10.
• Pre-Exercise Questionnaire: the questionnaire or other screening we may require you to answer before using the Facilities and Services.
• Replacement Fob Fee: the amount payable under clause 5.2(d) as set out in the Details.
• Start Date: when this Agreement starts as set out in the Details.
• Special Conditions for 14 years of age or over: the special conditions set out in the document headed "Special Conditions for 14 years of age or over" and referred to in clause 4.
• Staffed Hours: the times a Siege Fitness is staffed. These times may not be fixed and will also vary between locations
• Tailgate Fee: the Fee you will be charged if you allow another person to access Siege Fitness without permission.
• Terms: the part of this Agreement described as the "Terms". 2.

2. JOINING, ACCESS AND RECIPROCITY

   1. When you join Siege Fitness, you will need to give us information noted in the Details and provide us with photographic identification.
   2. At an additional fee, we will provide you with a Fob Key that will let you access and use Siege Fitness and the Facilities and Services outside staffed hours. This is a one off fee to purchase the Fob key which is non refundable. The Fob key will remain active provided you have a current membership not in arrears.
   3. As they open, you will also be able to access and use all other Siege Fitness' under the provisions of this Agreement provided that you continue to be a Member and your Membership has not been suspended.

3. COOLING OFF

   1. If you change your mind after joining, you have 7 days to cool off or cancel your Membership starting on the Start Date. To be effective, you must let us know in writing at any time during this 7 day cooling off period. Your written cancellation can be given to us personally, by post or by e mail. 3.2 If you cancel your Membership under clause 3.1, we will charge you the Fob Key Fee and fees for any services or products already supplied.

4. MINIMUM AGE

   1. For safety and security reasons you must be at least 18 years old to become a Member. However, if you are 14 years of age or over, and both you and your parent or guardian agree to the Special Conditions for 14 years of age or over (which are for your protection), you may join us.
   2. Your Membership may be immediately cancelled if you break one of the Special Conditions for 14 years of age or over.

5. HEALTH AND SAFETY AND ACCEPTABLE CONDUCT

   1. Your physical condition (a) When you sign this Agreement and each time you use the Facilities and Services, you must ensure you are in good physical condition and know of no medical or other reason why you should not exercise. If unsure, you should not use the Facilities and Services until you have sought appropriate medical guidance and been given the go-ahead. (b) You agree to give us all relevant personal, health and fitness information both before and during the course of any exercise program or other activity. You also agree to complete our Pre-Exercise Questionnaire. In some cases, responses you give will require that you get medical guidance before exercising. You acknowledge that pre exercise or other screening is no substitute for medical advice and does not guarantee against injury or death. (c) You promise that information you give us will be true and accurate and not misleading in any way. (d) You must not use the Facilities and Services if you are suffering from any illness, disease, injury or other condition that could be a risk to your health or safety or that of other Members and others. (e) We may suspend or cancel your Membership if we have reason to suspect that you have not complied with clause 5.1.
   2. Your Fob Key (a) You will need your Fob Key if you wish to access facilities outside of staffed hours. (b) If you lose or forget your Fob Key you should not ask or expect another person to let you into Siege Fitness at any time. (c) You must not let anyone else into Siege Fitness without the approval of Siege Fitness staff or let anyone else use your Fob Key. If you break this term, you may be charged the Tailgate Fee and/or your Membership may be suspended or cancelled. (d) If your Fob Key is lost or stolen a Replacement Fob Key Fee will apply.
   3. Orientation: You may be required to participate in a Member orientation to familiarise you with the Facilities and Services before you use them.
   4. Proper use of equipment: You promise to take care to use the Facilities and Services safely and properly. If you are ever not sure how to operate any equipment properly, you must ask Siege Fitness staff before you use it.
   5. Guests: You may bring a guest into Siege Fitness but only if they register with Siege Fitness staff, pay a Guest Fee and meet our other reasonable conditions. For example, they will need to be the Minimum Age, complete the PreExercise Questionnaire and other standard forms.
   6. Siege Fitness Rules (a) Siege Fitness Rules apply to everyone using the Facilities and Services. (b) Siege Fitness Rules form part of this Agreement so you must make sure you read, understand and follow them at all times. (c) If you break any of the Siege Fitness Rules we will respond in a way we consider fair and appropriate. For example, in less serious cases, we may give you a warning but in serious cases or where you have repeatedly broken Siege Fitness Rules we may suspend or cancel your Membership. If your breach causes us or another person costs, loss or damages, you agree to pay for these.
   7. Illegal performance enhancing or other illicit substances: You acknowledge that the distribution or use of illegal or performance enhancing drugs is prohibited and promise that you will not use or distribute these substances in or near Siege Fitness.
   8. Commercial activity: You acknowledge that engaging in any commercial or business activities in Siege Fitness, such as offering training services or selling goods in Siege Fitness is prohibited unless we grant you written permission to do so. If we do give you written permission, we can revoke this at any time.
   9. Action for risky or inappropriate conduct: If you behave in a risky or seriously inappropriate way, for example, if you threaten or harass others, damage equipment, distribute or use illicit substances, or train other Members without our authorisation, appropriate action will be taken. For example, your Membership may be immediately suspended or cancelled, you may be banned from joining any Siege Fitness and/or we may refer the matter to appropriate authorities. If your conduct causes us or another person costs, loss or damages you agree to pay for these.

6. SECURITY

   1. Hour CCTV: Siege Fitness premises have CCTV security cameras recording 24 hours a day (except in bathrooms) and may have remote video or other guarding services. This system is used for security purposes but does not guarantee against harm. You should contact Siege Fitness if you have questions on this.

7. PRIVACY

   1. Your personal information From when you apply for Membership, you will need to provide us with, and we will have access to personal information about you, including information relating to your health and finances. Your personal information may be disclosed to and used by other Siege Fitness locations for the purpose of allowing you access to Siege Fitness locations and providing services to you (for example so that we can confirm your Membership if you visit other future facilities).
   2. General consent: By signing this Agreement, you consent to us collecting, using, disclosing and dealing with your personal information in accordance with our privacy policy. In particular, you consent to the transfer and storage of your personal information outside Australia, and to the disclosure and use of your personal information to other Siege Fitness locations in Australia.
   3. Up to date contact information You must tell us promptly if you change your contact or payment details or if there is a change to other relevant personal information, including anything that may affect health or safety.
   4. Consent to use your image: You understand that photos, films, videos or audio recordings are sometimes taken of Members for promotional purposes. By signing this Agreement, you agree to allow your image, recording or likeness to be used for any legitimate purpose by us or by Siege Fitness and you assign your rights in any of these materials to Siege Fitness.
   5. Other (a) As noted in clause 6.1, surveillance and monitoring are used in Clubs (except in bathrooms). (b) Members and guests are not allowed to take photos and/or videos in Siege Fitness unless specific permission is granted by the Siege Fitness.

8. PUTTING YOUR MEMBERSHIP ON HOLD

   1. You may temporarily suspend or freeze your Membership for any reason if your account is up to date. In any 12 month period you can 'freeze' your membership 2 times for up to 12 weeks combined. If we agree, you may freeze your Agreement more than this for travel, medical or hardship reasons but must give us proof. The minimum freeze period is one billing period and you must strictly give 7 days written notice for this freeze to occur, if you do not give 7 days notice your freeze will not be approved.

9. USE OF SIEGE FITNESS OUTSIDE STAFFED HOURS

   1. You agree that any injuries that occur to you our others while using Facilities during unstaffed hours are your responsibility and Siege Fitness is not liable in any way. You agree to use the facilities during unstaffed hours at your own risk and accept responsibility for any injuries that occur to yourself or others during this period.

10. WHEN YOU CAN END THIS AGREEMENT

    1. Notice: 2 weeks payment of written notice following the completion of your agreed minimum term is required to cancel your membership: (a) you can give your written notice to us in person, by e mail; (b) it would be useful (but not required) if you complete any standard documentation we may have such as a cancellation form; (c) if you do not use our standard documentation, your notice must include your name, Siege Fitness location, address, phone, email, and signature and explain why you wish to cancel;
    2. Cancelling your Membership: This is an Ongoing Agreement, it will continue after the Minimum Term unless you tell us in writing at any time (but at least 2 payments) that you wish to cancel your Membership.
    3. Cancelling for Medical Reasons (a) You can cancel your Membership at any time by telling us in writing if you cannot use the Facilities and Services because you contract a serious illness or a permanent physical incapacity during the term of your Membership. This must be confirmed writing by a doctor or other medical professional we reasonably agree to and you agree that we may contact the doctor or other professional for verification purposes. You will also be liable for Fees incurred, i.e. your Membership Fees for the time you were a Member (calculated on a pro rata basis) and Fees for services already supplied.
    4. Cancelling for your convenience: You can cancel your Membership once your minimum term is finished. Once notice is give, 2 weeks membership will be debited before the membership is cancelled.

11. WHEN WE CAN END THIS AGREEMENT

    1. In addition to our other rights under this Agreement, we may cancel your Membership if you breach any obligation under this Agreement that can't be fixed or if you breach an obligation that can be fixed but you do not fix it in a reasonable time.
    2. If we cancel your Membership under clause 11.1, you will be liable for Fees incurred, i.e. your Membership Fees for the time you were a Member (calculated on a pro rata basis) and Fees for services already supplied. We may also charge recover costs, loss or damages caused by your breach.
    3. You promise you are not bankrupt or insolvent and are able to pay applicable Fees at the time of signing. You agree that you will tell us promptly if you believe you will be unable to pay your Membership Fees for an extended period. We may cancel your Membership if you become bankrupt or insolvent.
    4. If we cancel your Membership under clause 11.3 you will be liable for Fees incurred, i.e. your Membership Fees for the time you were a Member (calculated on a pro rata basis) and Fees for services already supplied.

12. FEES

    1. General (a) If you do not make any payment when it is due, your Membership may be suspended and you could be refused access to Siege Fitness and to Facilities and Services until all outstanding amounts have been paid. (c) Your Membership may also be terminated if any Fees remain unpaid for an extended period. You will still be liable for all unpaid amounts. 12.2 Fob Key Fee This is the Fee charged to buy a Fob Key. This is not refundable.

13. DIRECT DEBIT

    1. Direct Debit Payment Agreement (a) If you pay any Fees, including ongoing Membership Fees, by direct debit, then this will be through our Biller (not us). (b) You will sign a copy of the Direct Debit Payment Agreement of the Biller which applies to any direct debit services. The Direct Debit Payment Agreement, which we are not a party to, is entirely separate to this Agreement.
    2. Authority to deduct Fees: By nominating a credit or debit account, you authorise our Biller, to deduct from that account all Fees and other charges you are responsible for under this Agreement. You must keep your account details up to date.
    3. Late or rejected direct debit payments (a) You must ensure there is enough money in your nominated account on the usual payment, or the next working day if that falls on a day when banks do not process payments. (b) If there is not enough money in your nominated account on the usual payment day, or there is another reason that your account was unable to be debited (except one within the Biller's control), you will be charged the Biller's Dishonour Fee.(c) You authorise our Biller to deduct any unpaid arrears outstanding on your account. (d) Your bank or credit provider may charge you a fee for overdrawing your account if you do not have enough money in your account when payment is due.

14. OTHER SERVICES

    1. There may be other services, including personal training services, offered at Siege Fitness by us, contractors, licensees and others which are offered separately and/or in addition to services provided under this Agreement. You will need to pay applicable fees directly to the providers of the services and agree to separate terms and conditions.
    2. We are not responsible for these third party provided services including fees or any associated costs claims or refunds, unless they are provided by us.

15. CHANGES TO YOUR AGREEMENT

    1. We may sometimes make changes to this Agreement, including our Siege Fitness Rules. If we do this, we will try to do this fairly and by giving you a chance to cancel your Membership if you are adversely affected by the change and do not agree to it.
    2. We will make reasonable efforts to tell you of any change in advance and tell you when it will take effect. Subject to other Terms, the effective date will generally be at least 30 days from the date we tell you about the change unless it is not practical for us to tell you at this time. Your Membership will be amended from the effective date.

16. OUR LIABILITY TO YOU

    1. Statutory guarantees (a) Under the ACL we guarantee that the services we supply: (i) are provided with due care and skill; (ii) are reasonably fit for any purpose you have told us you are using the services for or told us you wish to achieve; and/or (iii) are supplied in a reasonable time. (b) Under certain legislative provisions, however, we can ask you to accept some limitations to the ACL guarantees. (c) If you sign this Agreement, you agree, to the extent allowed by section 139A of the CCA, to exclude or modify our liability to you for death or injury from our failure to comply with ACL guarantees. (d) This exclusion does not apply if your death or injury is caused by our "reckless conduct" (as defined in the CCA).
    2. State based notices: Victoria Only The ACL Exclusion Notice: "Warning Under the ACL and Fair Trading Act 2012" applies if attached to this Agreement and signed by you.
    3. Other implied terms Nothing in this Agreement excludes, restricts or modifies any terms, conditions, warranties, guarantees, rights or remedies which cannot lawfully be excluded, restricted or modified. Otherwise, unless expressly included in this Agreement, all implied terms, conditions, warranties, guarantees, rights or remedies that can be lawfully excluded are excluded. In particular, but subject to clause 16.1 and 16.2, we are not liable for death or injury caused by our negligence or breach of implied terms that services will be provided with reasonable care and skill at common law. This does not exclude our liability for reckless conduct.
    4. Loss of property You promise not to unnecessarily bring valuables into Siege Fitness and agree that it is not the obligation of Siege Fitness to look after unattended property.

17. YOUR RESPONSIBILITY FOR DAMAGE

    1. You agree to pay for any loss or damage to Siege Fitness or the Facilities and Services caused by you or your guests through a wilful, wrongful or negligent act or as a result of your, or their, breach of this Agreement.

18. SIEGE FITNESS CLOSURES

    1. (a) We may need to close a Siege Fitness location for a period of time, for example, due to an emergency, or if required by a court order or by law. (b) We may close Siege Fitness up to 14 days in any 30 day period under clause 18(a) and keep charging Membership Fees. (c) If we close the Club for between 15 and 30 days under clause 18(a) in any 30 day period, clause 18(e) applies. (d) We may also close the Club for up to 30 consecutive days if it is being refurbished or relocated. (e) If we close the Club under clause 18(c) or 18(d) we may keep charging Membership Fees if you are able and willing to use another Siege Fitness. If you are not able or willing to use another Siege Fitness we will freeze your Membership at no cost. (f) We will try, but cannot promise we will be able, to tell you about any Siege Fitness closures in advance.

19. COMPLAINTS AND FEEDBACK

    1. If you have any concerns about the Facilities and Services or anything else in relation to your Membership, you should first raise it with Siege Fitness staff.
    2. If you are uncomfortable about approaching, or do not wish to approach, Siege Fitness staff, or are not happy with the response given, you may send a complaint to 0439695074.

20. GENERAL LEGAL MATTERS

    1. Unexpected events We are not responsible if Members cannot use Siege Fitness because of an event caused by a natural force (such as a fire or a flood) or a road or building closure or something similar beyond our reasonable control. If this continues for more than 30 days, then either you or we may cancel this Agreement immediately by written notice.
    2. Severability If a court decides that any part of this Agreement is or becomes illegal, void or unenforceable, that part is deleted and this does not invalidate the rest of this Agreement.
    3. Waiver If we do not enforce our rights under this Agreement at any time, it does not mean that we may not do so in future.
    4. Entire Agreement You agree that we have not made any representations or promises that you have relied that are not in this Agreement.
    5. Applicable law The law of the state/territory set out in the Details applies to this Agreement.

21. SATURDAY SPECIFIC MEMBERS

    1. The "Saturday" membership entitles you to one Saturday class per week for a weekly membership commitment. You will also receive discounted access to the Sauna at $5/session during staffed hours.
    2. We understand you may make plans to be away for a weekend, we will allow the pause of up to 16 Saturdays/ calendar year with a shorter notice period of just 5 days. Specifically no later than 7PM the Monday prior. You must send this correspondence either via instagram @siegefitnessau, via email to siegefitnessau@gmail.com or via text to 0439695074.
    3. Normal terms and conditions apply for cancellation, 2 Saturday's notice for cancellation of this commitment.

22. 24HR ACCESS

    1. I/We hereby understand and acknowledge that the gym access and equipment as well as training, programs and events held by the Siege Fitness may expose me to inherent risks, including accidents, injury, illness or even death. I/We assume all risk of injuries associated with participation including, but not limited to, falls, contact with other participants, the effects of the weather, including high heat and/or humidity, and all other such risks being known and appreciated by me. I/We hereby acknowledge my responsibility in communicating any physical and psychological concerns that might conflict with participation in activity. I/We acknowledge that I am physically fit and mentally capable of performing the physical activity I choose to participate in. I/We understand that I am using the gym at my own risk during after-hours access to the gym and that the Siege Fitness will not be staffed during these hours. After having read this waiver and knowing these facts, and in consideration of acceptance of my participation and Siege Fitness furnishing services to me, I agree, for myself and anyone entitled to act on my behalf, to HOLD HARMLESS, WAIVE AND RELEASE SIEGE FITNESS, its officers, agents, employees, organizers, representatives and successors from any responsibility, liabilities, demands or claims of any kind arising out of my participation in Siege Fitness training, programs and/or events. By my signature I/We indicate that I/We have read and understand this Waiver of Liability. I am aware that this is a waiver and a release of liability and I voluntarily agree to its terms.

23. Fob key terms

    1. I understand and accept that the purchase of a fob key is a one off fee that is non refundable. The fob key will only remain active at Siege Fitness if I have an active membership that is up to date and not in arrears. I understand that if I cancel or pause my membership my Fob key will no longer provide access to Siege Fitness.

24. OTHER TERMS OF 24 HOUR USE:

    1. You will only have access to Siege Fitness outside of staffed hours if you have purchased and use your personal FOB for entry. If you lose your FOB, a replacement FOB fee will apply.
    2. You understand you do not have permission to let members into Siege Fitness who have not yet purchased their own personal FOB.
    3. Siege Fitness reserves the right to immediately cancel your membership should any products or equipment be taken/stolen from the premises and claim compensation for these items.
    4. You agree to leave all roller doors sealed during use of Siege Fitness in unstaffed hours.
    5. You agree to use the facility carparks ONLY during use of Siege Fitness.
    6. Should the individual you let into the facility not be a member and has not agreed to our Terms, Siege Fitness reserves the right to cancel or suspend your membership.
    7. You are personally liable for any damage that occurs during your use of equipment at Siege Fitness and compensation can be sought for any damages or harm caused by you.
    8. You understand there is 24 hour CCTV covering all areas of this facility (excluding the bathroom) and accept to be monitored when entering Siege Fitness.
    9. You understand data such as "your time of entry" will be collected and stored by Siege Fitness.
    10. Siege Fitness reserves the right to cancel your membership if any harassment or aggressive behaviour towards other members is reported and authorities may be notified.

Informed Consent and Liability Waiver Release for Participation in Exercise Program

I agree and consent to the following:

• I am voluntarily participating in this class conducted at SIEGE FITNESS. I recognise that the program requires physical exertion that may be strenuous at times and may cause physical injury and I am fully aware of the risks and hazards involved.
• I understand that it is my responsibility to consult with a physician prior to and regarding my participation in the above-mentioned program. I represent and warrant that I have no medical condition that would prevent my participation in the program.
• I agree to assume full responsibility for any risks, injuries or damage known or unknown which I might incur as a result of participating in the program. Such injuries may include, but are not limited to, heart attacks, muscle strains, muscle pulls, muscle tears, broken bones, shin splints, heat prostration, injuries to knees, injuries to back, injuries to foot, or any other illness or soreness, including death.
• I knowingly, voluntarily and expressly waive any claim I may have against SIEGE FITNESS for injury or damages that I may sustain while participating in classes or within the facility.
• I, my heirs or representatives forever release waive, discharge and covenant not to sue the Siege Fitness for any injury or death caused by their negligence or other acts.
• I have read the above waiver and release of liability and fully understand its contents. I voluntarily agree to the terms and conditions stated above.