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Membership: TROPIC THUNDER II ACCESS

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Terms and Conditions

  1. Availability of facility
  • Limited Availability: Top End Strength Centre may close its Facility for maintenance, events or seminars, and other hours based on municipal requirements.
  • Open Gym Availability: Members will have access to all areas of the gym and all equipment. Space and equipment must be shared with other users including trainer led skill and PT sessions. Open Gym use during scheduled class time will be permitted under the strict guidelines that the class has priority to space and equipment and that Open Gym members must be courteous to the class especially during times of instruction.
  • Open Gym Guidelines: Open Gym is not coached and members are expected to stay within their level of ability. Staff on duty may be asked for advice but for individualised skill work, PT sessions or programming, please make an appointment. Top End Strength Centre reserves the right to stop any member at any time who may be acting in an unsafe manner, being negligent with equipment or disrespectful to other gym users. Any member refusing to follow instruction from Top End Strength Centre staff will be asked to leave and may, in extreme cases, warrant a termination of membership.
  1. Access agreement
    • Access passes are available to members of Top End Strength Centre who are 18 years and over.
    • Allowing any other person (member or general public) entry to the facility using your access, will result in your 24-hour access and membership with Top End Strength Centre being cancelled, effective immediately.
    • Wearable emergency devices are available in case of incident or injury. Misuse of the emergency device will result in cancellation of your 24-hour access and membership with Top End Strength Centre, effective immediately.
    • Horseplay will not be tolerated. It is your obligation to behave in a manner that reduces risk of incident or injury. If you are found to be behaving in any manner deemed inappropriate by the owners and/or staff of Top End Strength Centre, your 24-hour access and membership with Top End Strength Centre will be cancelled, effective immediately.
  2. Late Payment / Declined Credit Card or Direct Debit
    • A declined credit card/debit card may result in a fee of $9.90. Membership fees must be available on the agreed payment date. If a payment is declined we will try again on the next scheduled debit date. Members whose payments are not current may not be allowed to use the facility.
  3. Cancellation of Membership by Member
    • A member may cancel his/her membership at any time with a minimum four (4) weeks' notice for cancellation to be effective. There are no refunds for membership fees.
    • To cancel membership, I MUST complete an official Top End Strength Centre cancellation form and attend the facility or submit a scanned copy by email.
    • I understand I must give four (4) weeks' notice and ensure all accounts and fees are paid, until then my membership will continue, and I will be deducted a membership fee. Once the cancellation form has been handed into staff, all membership payments will cease exactly four (4) weeks from date the form is submitted.
  4. Suspension of Membership by Member
    • Suspensions may be applied to your membership with a minimum of 3 working days' notice.
    • I understand that I can suspend my membership only twice per calendar year and any further suspensions are at owner's discretion.
    • All suspension must be over two (2) weeks and completed on the official Top End Strength Centre suspension form for a maximum of two (2) months.
  5. Personal property
    • Top End Strength Centre assumes no responsibility for lost or stolen articles. Lost and found articles not claimed after 30 days will be donated to charity or thrown away.
    • I acknowledge that I have sole responsibility for my personal possessions and athletic equipment whilst at the centre or during its related activities.
  6. Smoking, alcohol, food and drink
    • No smoking is allowed in any part of the facility. Food or drink may be taken into the facilities if it is in a non-breakable, enclosed container. No alcohol is permitted anywhere on the premises.
  7. Photography
    • Top End Strength Centre and anyone identified as a Top End Strength Centre Coach, reserves the right to take and use photographs inside and around the Top End Strength Centre premises.
    • If you do not wish to have your image used on any Top End Strength Centre platform, it is your responsibility to inform management.
  8. Conduct Top End Strength Centre is committed to the health, safety, welfare of each of its members and staff and will not tolerate unreasonable, threatening, obscene, harassing, indecent, or illegal behaviour. Top End Strength Centre has the right to judge behaviour and respond accordingly. This right includes, but is not limited to, termination of membership without refund of any member engaging in unacceptable behaviour.
  9. Damages Members will be billed for any damages to Top End Strength Centre property which results from the wilful or negligent conduct of member, member's guest or dependent children. The member will be billed the full replacement cost including shipping, or if repairable, the full cost of repairs carried out by a qualified and reputable maintenance company (and not in breach of any intact warranties).
  10. Safe use of Facility and Equipment Members shall abide by all membership and facility rules and regulations established by Top End Strength Centre, which may be posted at the facility, on our website, social media pages, provided in writing, or issued orally and which may be amended from time to time in the sole discretion of Top End Strength Centre. I agree to seek instruction from a personal trainer or other Top End Strength Centre personnel in the use of all equipment prior to use. I acknowledge that the centre cannot warrant the safety and suitability of the gym equipment and that the facility may, at times, be unsupervised. I agree that improper or unauthorised use of the facility or violation of the facilities rules may result in member suspension or cancellation at Top End Strength Centre's discretion.
  11. Acknowledgment of Risks, Injury & Obligations I hereby acknowledge that I should consult with my physician before beginning any exercise program. I certify that I am not aware of any medical condition which would render me unfit to participate in any exercise program and that I will inform Top End Strength Centre immediately of any change in my medical condition. I agree that if I experience symptoms such as shortness of breath, chest pain, unusual fatigue, dizziness or fainting, or extreme pain, whether or not I am under the direct supervision of my trainer, I will immediately stop exercising and inform a representative of Top End Strength Centre of my symptoms. I authorise any representative of Top End Strength Centre to obtain emergency medical treatment for me, including transportation via ambulance to a hospital or other medical facility. I am aware that I will be solely responsible for any costs involved with this transportation.

    I UNDERSTAND AND ACKNOWLEDGE THAT THERE ARE RISKS INHERENT IN ANY EXERCISE PROGRAM INCLUDING BUT NOT LIMITED TO HEART ATTACK, STROKE, RHABDOMYOLYSIS, ORTHOPAEDIC INJURY, INJURIES CAUSED BY THE USE OF EXERCISE EQUIPMENT AND OTHERS. THESE INJURIES CAN OCCUR SUDDENLY AND WITHOUT WARNING, AND MAY RESULT IN DEATH. I AM VOLUNTARILY PARTICIPATING IN THIS TRAINING WITH KNOWLEDGE OF THE DANGERS INVOLVED, AND I HEREBY AGREE TO ACCEPT ANY AND ALL RISKS OF INJURY OR DEATH, AND VERIFY THIS STATEMENT BY PLACING MY SIGNATURE BELOW.

  12. Release and Indemnity I participate in the activity at my sole risk and responsibility. I release, indemnify and hold harmless Top End Strength Centre, its servants and agents, from and against all and any actions or claims which may be made by me or on my behalf or by other parties for or in respect of or arising out of any injury, loss, damage or death caused to me or my property whether by negligence, breach of contract or in any way whatsoever.
  13. Miscellaneous
    1. This Agreement contains the entire agreement between the parties, and supersedes any prior written or oral agreements between them concerning the subject matter of this Agreement. The provisions of this may be waived, altered, amended or repealed, in whole or in part, only upon prior written consent of all parties
    2. Member has read, and fully agrees to the term of this Agreement. Member has signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to him/her. Member certifies and warrants that he/she is 18 years of age or older and mentally competent to enter into this Agreement.
    3. If any portion of this agreement is deemed illegal, void or unenforceable, then the remaining agreement shall remain in effect.
New Member Liability Waiver
  1. APPLICATION
    1. This Disclaimer and Waiver applies to the provision of Services by NT Strength Pty Ltd (ACN 647651775) trading as Top End Strength Centre (we, us, our) to you. By paying for, accessing or participating in the Services, as defined below, you agree to this Disclaimer and Waiver.
    2. For the purposes of this Disclaimer and Waiver:
      1. Activities means the following:
        1. Strongman exercises;
        2. strength and conditioning exercises performed at a high intensity level, including but not limited to exercises requiring exercise equipment or machinery, as well as body weight and body weight accessory exercises;
        3. throwing or carrying heavy objects;
        4. rope climbing;
        5. jumping on boxes;
        6. Olympic weight lifting;
        7. use of dumbbells, barbells and weighted plates;
        8. gymnastics;  and
        9. other activities incidental to improving one's physical health;
      2. Claim means any claim, cross-claim, causes of action, notice, demand, direction, accounts, costs (including legal costs and expenses), charges, expenses, arbitrations, liabilities, damages, Loss, actions, suits, proceedings, litigation, claims and demands either at law or in equity and/or arising under a statute; and
      3. Services means the following services provided by us:
        1. the use of our gym, exercise facilities, exercise machines and equipment;
        2. providing tailored exercised programs;
        3. providing personal training and supervised exercise sessions;
        4. the provision of various fitness events; and
        5. any other services offered in the future.
  2. MEDICAL DECLARATION
    1. You declare that after careful consideration you are not subject to any existing injury, medical condition or treatment that may render you unsuitable for participation in the Services.
  3. GENERAL DISCLAIMER
    1. We provide our Services on an "as-is" and "as available" basis and whilst every effort is taken to ensure the information provided is accurate, we make no representations and give no guarantees or warranties about the suitability, reliability, availability, timeliness and/or accuracy the information provided by us or our Services in general.
    2. None of the Services provided by us are a promise or guarantee of results or an improvement in your physical health.
    3. You acknowledge and agree that we, our employees, affiliates and representatives are not responsible for decisions that you may make, or for any consequences, undesired or otherwise, that may flow from your engagement of the Services.
    4. Any testimonials and examples of our Services, wherever published (online or in print) are not to be taken as a guarantee that you will achieve the same or similar results.
    5. We make no warranty, representation, or guarantee regarding the suitability of our Services for any particular purpose, nor do we assume any liability whatsoever arising out of the application or use of any Service. It is your responsibility to independently determine suitability of any Service and to test and verify the same.
    6. Any information, any documents, any guidelines or recommendations made by us in relation to our Services are made on the basis of information that was available to us at the time.
  4. SERVICE SPECIFIC DISCLAIMER
    1. You understand that our Services involve the Activities as defined in clause 1.2(a) and such Activities contain varying degrees of risk.
    2. You understand and acknowledge that the risks of the Activities prescribed by our Services include, but are not limited to:
      1. falls and tripping;
      2. equipment related hazards (e.g. broken, defective or inadequate equipment, unexpected equipment failure, or your misuse of equipment);
      3. contact or collision with other co-participants of and Activity at our gym or any fitness event provided by us;
      4. inadequate first aid and/or emergency measures;
      5. judgement-and/or behaviour-related problems (e.g. erratic or inappropriate co-participant, errors in judgement by personnel working an event); and
      6. regarding a fitness event provided by us, there are risks relating to the natural environment including, bushland, sticks and uneven rocky terrain, contact with poisonous plants, snakes, spiders and other insects or animals, and the effects of weather including wind and lightning, and extreme temperature or conditions.
    3. You hereby acknowledge that all risks are known and appreciated by you.
    4. You further understand and acknowledge that any of the risks at clause 4.2 and others not specifically named, may cause injuries that may be categorized as minor, serious, or catastrophic. Minor injuries include, but are not limited to, scrapes, bruises, sprains and cuts. Serious injuries include, but are not limited to, property loss or damage, broken bones, fractures, torn or strained ligaments and tendons, concussions, exposure, dehydration, heat exhaustion, and other heat-related illnesses, mental stress or exhaustion, emotional distress and dislocations. Catastrophic injuries are rare, but are a possibility. These injuries can include, but are not limited to, permanent disabilities, spinal injuries and death. In choosing to participate in the Activities you fully understand, accept and assume all risks whether before, during or upon completion of the Activities.
    5. You warrant that you are of sound mind when you accept this Disclaimer and Waiver, and have the capacity to accept full responsibility for assessing whether you are willing to participate in any activity which carries an element of risk. In summary, you acknowledge our Services include activities that carry risk of physical injury and that you shall be solely responsible for consenting to participate in such activities.
    6. You acknowledge that when participating in any Activity provided by us, there is a possibility of physical injury, disability or death. You acknowledge that we are not liable for any Claim you bring against us or any injury or loss you may suffer as a result of participating in any Activity.
    7. We make no representation that we are health practitioners or registered medical professionals.
    8. We do not purport to diagnose or treat health conditions, but will use our Services to propose possibilities for improving your health and wellbeing.
    9. In the event you provide us with personal health information, such as information relating to a physical health condition, the provision of our Services:
      1. shall not involve or constitute professional advice;
      2. will not constitute a doctor-patient relationship between you and us; and
      3. shall not be a replacement or substitute for advice from a health professional, which should be obtained from the relevant health professional.
    10. All our Services are intended for providing physical challenges and for general education and information purposes only and do not, nor are not intended to, constitute professional advice.
    11. If you have a health condition, you should always consult with your health professional before engaging our Services.
    12. You acknowledge that any employee or representative of ours is not acting as a medical professional and you will not use our Services as a substitute for such clinical health care.
    13. We provide physical challenges, support, guidance and tools for you to improve your physical health, set goals, determine priorities and achieve results, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility. Your success depends on many factors, including your dedication, participation, desire, and motivation.
    14. You acknowledge and agree that you are solely liable for any damage, loss or injury caused by you that is suffered by us or a third party, or for any damage to our gym or personal property or the personal property of a third party, and that you will indemnify us of any Claims made by us or a third party in connection with your use of the Services.
    15. You accept full responsibility for informing yourself and assessing all the dangers, hazards and risks of being involved with the Activities provided by us, especially if you have a physical injury or medical condition, including, but not limited to a life threatening medical condition, such as a heart condition or any other medical condition, and you will rely solely on your own assessment of these dangers, hazards and risks before participating in those Activities, taking into account that the Activities may be located in areas where it may be difficult to access emergency medical services.
    16. You confirm that any information you have provided us is true and correct in relation to your medical history and any existing health conditions you have, and if required by us, have obtained or will obtain medical advice from your GP or appropriate medical professional, prior to participating in our Services, to ensure you are not at major risk of injury, or physical or mental harm during activities conducted during the provision of our Services.
    17. You acknowledge and agree that the above warning of the risks associated with the Activities and the Services constitutes a risk warning in accordance with the Personal Injuries (Liabilities and Damages) Act 2003 (NT).
  5. WAIVER AND RELEASE OF LIABILITY
    1. To the extent permitted by Law and in consideration of being permitted to participate in our Services, you agree that you will not make, take or seek any Claim against NT Strength Pty Ltd (ACN 647651775) trading as Top End Strength Centre and its officers, employees, agents, and independent contractors (all collectively referred to as 'the Releasees') arising directly or indirectly out of or in connection with your participation in our Services and you unconditionally and irrevocably forever waive, release, acquit, covenant not to sue, and discharge the Releasees from and against any loss, liability, cost (including all legal costs and expenses on an indemnity basis), expense, damage, charge, penalty, outgoing or payment, however arising and whether present, unascertained, future or contingent and includes indirect and consequential loss (Loss) arising directly or indirectly out of or in connection with your participation in our Services.
    2. Without limiting the above, you acknowledge and agree that in the event that you are injured, you will bring no Claims, legal or otherwise, against the Releasees in respect of that injury or damage and you hold the Releasees harmless.
    3. You agree to release, waive, acquit, covenant not to sue and forever discharge the Releasees from all Claims (including, but not limited to, claims for negligence, breach of contract or breach of statute), or right to compensation for damages you may claim to have or that you may have arising out of acts or omissions by yourself or by the Releasees, as a result of the advice given by us or otherwise resulting from the Services provided by us.
    4. You agree to hold harmless and indemnify the Releasees from any and all Claims made against or Loss suffered by the Releasees, which arises directly or indirectly as a result of or in connection with your participation in our Services.
    5. This Disclaimer and Waiver shall bind your heirs, executors, personal representatives, successors, assigns, and agents.
    6. This Disclaimer and Waiver operates jointly and severally in favour of the Releasees.
  6. LIABILITY EXCLUSIONS
    1. I acknowledge and agree that the Activities and Services constitute a recreational service within the meaning of section 139A of the Competition and Consumer Act, 2010 (Cth) as the Activities and Services are (i) a sporting event or similar leisure time pursuit; and/or (ii) other activity that involves a significant degree of physical exertion or physical risk and is undertaken for the purpose of recreation, enjoyment or leisure.
    2. Provisions of the Competition and Consumer Act, 2010 (Cth) imply certain guarantees into contracts for the supply of certain goods and services, such as warranties that Services will be rendered with due care and skill and that goods supplied will be reasonably fit for purpose.
    3. By signing this Disclaimer and Waiver I agree that:
      1. the application of Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law are excluded;
      2. all rights under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law are excluded; and
      3. all liability of the Released Parties for a failure to comply with a guarantee under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law is excluded, in relation to the supply of the Activities and Services and to the extent any liability is in respect of:
        1. death;
        2. physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
        3. the contraction, aggravation or acceleration of a disease; or
        4. the coming into existence, aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual: (i) that is or may be harmful or disadvantageous to an individual or the community; or (ii) that may result in harm or disadvantage to an individual or the community.
  7. ACKNOWLEDGEMENT OF UNDERSTANDING
    1. You acknowledge that you have read this Disclaimer and Waiver and fully understand its terms. You acknowledge you are 18 years or over, or, if you are under 18 years of age, your parent or guardian agrees to the 'Declaration for Minors', under clause 8. You or your parent or guardian, if relevant, understand(s) that you are giving up substantial rights. You further acknowledge that by participating in the Services you agree to this Disclaimer and Waiver freely and voluntarily, without any inducement, assurance or guarantee being made to you. Progressive Legal Pty Ltd (ACN 607 068 708) trading as Progressive Legal (2021). All Rights Reserved. This document was last updated 8 July 2021.
  8. DECLARATION FOR MINORS AND MEDICAL RELEASE
    1. If you are under 18 years of age on the day this declaration is acknowledged and accepted, the declaration must be acknowledged and accepted by your parent or guardian.
    2. I warrant and certify that I am the parent or guardian of the child registering to participate in the Services ('My Child') who is under 18 years of age and that he/she has my consent and is capable of participating in the activities involved in the Services. I confirm that I have read and understand the above Disclaimer and Waiver and that I agree, on behalf of My Child, to be bound by each of those conditions and having done so, I acknowledge and accept voluntarily.
    3. Medical Release:
      1. I permit any authorised employee of yours to arrange for medical attention for My Child or to transfer My Child to a Medical Centre or to a hospital if, in the opinion of that person, medical attention is needed or is likely to be needed for My Child.
      2. I agree that on transporting My Child to any hospital or medical facility, you will have no further responsibility for, or in respect of, My Child.
      3. I agree to pay all costs associated with such medical care or attention and for related transportation for My Child and I agree to indemnify and to keep you indemnified for and in respect of any such costs incurred.
      4. I further authorise a Medical Centre or any hospital, its assigns, employees or agents to render any necessary or emergency medical care or attention to My Child if considered necessary by a medical practitioner employed by a Medical Centre or any hospital.
      5. I am aware that the practice of medicine in a surgery is not an exact science and I acknowledge that no guarantees have been made to me/My Child as to the result of treatment or examinations at a Medical Centre or at any hospital.
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