MEMBERSHIP AGREEMENT TERMS, CONDITIONS, AND SERVICES

MISSION STATEMENT:

OUR COMMUNITY DEFINES OUR CULTURE

It is in our DNA. CrossFit 4055 was purposefully designed to provide a framework to enhance and prolong your life through health, fitness, and community. This is forged through a connection to and understanding of our members' needs, physically and mentally. We foster a community that is inclusive, focused, hardworking, and most importantly, supportive. Our people are the fibre that makes this community great.

Membership Terms:

• CrossFit 4055 complies with the Queensland Fitness Industry Code of Practice ("The Code"). Membership is offered in accordance with the Code's provisions.
• CrossFit 4055 reserves the right to change membership conditions, operating hours, services, fees, and charges with reasonable notice. Such changes will be communicated via the website, email, our mobile app, or a combination of these methods.
• Members are required to follow CrossFit 4055's "Rules and Regulations" (Guidelines), which may be updated at our discretion without prior notice.
• Members must ensure the proper use of gym facilities and equipment. If unsure, consult a CrossFit 4055 staff member.
• No representations, written or verbal, outside of this agreement or its "Special Conditions" section are valid.
• Members must update CrossFit 4055 with any changes to contact, payment, or other relevant details. Failed transactions incur a fee, payable to our service provider.
• Memberships have a fortnightly billing cycle. Payment is always in advance, as members must hold active, paid memberships to attend sessions.
• Members must check into each session through "Gym Mate" using their membership profile. Entry will be denied if the membership is inactive due to cancellation, pause, or billing issues and if you've reached your session limit as specified in your membership terms.
• 3 session memberships can access up to 3 sessions per week, for classes included in the membership. This excludes access to Open Gym. Discounts only apply to full-time students.
• Guests are subject to a one-time casual membership fee ("Drop-In") per visit and must complete a medical readiness and waiver questionnaire before training.
• Trial periods allow a member unlimited access to classes for the specified trial period only. At the end of the trial, an ongoing membership can be selected via the GymMate app, or by contacting the CrossFit 4055 team via email. Access to GymMate will be otherwise be terminated.
• Members may receive communications, including newsletters, email notifications, and promotional materials.
• There is no minimum membership term or contract period for general memberships, except where stated for special offers with specific minimum periods.
• All memberships are subject to annual increases, at the discretion of CrossFit 4055. This will be communicated in advance to all active members using the agreed channels.
• In celebration of the new Mitchelton premises, from 12 July 2025, a Foundation membership offer is open to new members only: Enjoy an initial 12 week discounted foundation membership rate, before the full foundation membership rate applies. Fortnightly billing applies. A 12 week minimum contract applies to receive the discounted offer. Offer expires 31 August 2025.

Cooling-Off Period:

• As per Queensland legislation, a 48 hour cooling off period applies where a special offer requires a minimum membership period.
• There is no minimum membership term or contract period for general memberships, except in cases of special offers with specific minimum periods or spending requirements.
• To cancel a special offer membership within the cooling off period, notify CrossFit 4055 via email for an immediate termination.
• Membership is restricted to persons aged 13 and above, except those in CrossFit CrossFit Teens programs.
• Members under 16 participating in general classes or CrossFit Kids must have parental consent and complete a medical readiness and waiver questionnaire.

Membership Pause/Hold:

• Members may pause their membership for medical, pregnancy, relocation, or holiday purposes, under the following terms:
  • Holds are for a minimum of one (1) week.
  • Hold requests must be submitted via the GymMate app or email.
• Requests must be submitted in writing at least 3 business days in advance; for injury or illness, 24 hours notice is sufficient.
• No administrative fees are applied for membership holds.
• Membership holds cannot coincide with promotional periods or offers. Members returning from medical holds acknowledge they do so at their own risk.
• Payment cycles remain unaffected by holds. Upon return, payments will resume on a pro-rata basis according to the return date within the cycle.

Cancellation of Membership:

• CrossFit 4055 may cancel a membership if guidelines or terms are violated, if behaviour is unacceptable, or for other reasons deemed appropriate by management.
• Two weeks written notice must be given. Terminations are processed at the end of your current fortnightly paid period.
• To cancel, notify CrossFit 4055 via email with your desired termination date.
• Payments continue until a written cancellation notice is received. Membership subscriptions are ongoing until cancellation is requested.

Transfer of Membership:

• CrossFit 4055 memberships are non-transferable.

Change of Membership:

• Membership changes require written notice 3 business days prior to the next payment period.
• Members who move from Unlimited to the 3 session membership forfeit their legacy discounts. Only full-time student discounts apply to the 3 session membership.

Sickness or Incapacity:

• Membership holds are available for medical, pregnancy, relocation, or holidays with the following conditions:
• Holds are for a minimum of one (1) week.
• Hold requests must be submitted via email.
• Medical-related holds will be applied within 24 hours of notice.

Instruction and Training:

• CrossFit 4055 may partner with licensees for services (e.g., CrossFit coaching, yoga, nutrition). Any claims due to the actions or inactions of licensees (whether paid directly to them or not) are solely the responsibility of the licensee, and CrossFit 4055 is indemnified against such claims.

Bookings and Appointments:

• Failure to attend a scheduled PT appointment may incur a $30 cancellation fee, applied to the next debit. This does not apply to general classes.
• Members on a 3 session membership who choose to attend more than 3 sessions, or a class not deemed part of their membership, will incur a casual class fee. This will be deducted as an adhoc payment following attendance.
• A no-show attendance for the 3 session membership will count towards the 3 sessions for that week (counted Sunday to Saturday). Members must unbook more than 30 minutes before the start of the class session start time.

Student, Corporate and Senior Memberships:

• Unlimited memberships: Discounts are offered to current serving/enlisted Australian Defence Force, Queensland Police, Emergency Services personnel (civilians excluded), full-time students, and families. Other discounts are at the owner's discretion.
• 3 session memberships: full-time student discounts apply.

Physical Condition:

• Members must complete a Pre-Exercise Questionnaire and notify CrossFit 4055 of any health changes.
• Advice from CrossFit 4055 staff is not medical diagnosis. Consult a medical professional for health-related exercise concerns.
• Members must not use facilities if they have a contagious or infectious ailment. Covered minor injuries are permitted during exercise.
• Report any open wound or injury immediately to a staff member for medical intervention and equipment cleaning.

Assumption of Risk:

• Members acknowledge that using CrossFit 4055 facilities and participating in programs may involve risks.
• Members warrant their physical fitness for class participation and accept personal responsibility for risks, including those from negligence by CrossFit 4055.

Limitation of Liability:

• Members release CrossFit 4055 from liability for claims arising from their membership, facility use, or on-site presence, except where gross negligence applies.
• CrossFit 4055 is not liable for personal property theft, loss, or damage unless due to gross negligence.

Payment Terms:

• Memberships are processed using third party payment platform, PayChoice. Please refer to their website for all PayChoice Terms and Conditions. https://www.paychoice.com.au/terms
• Memberships may be paid by direct debit or credit card; credit card payments incur processing fees.
• Declined payments incur an administration fee, charged by the Provider, which may change without notice.
• Members will be notified of a failed payment attempt and a second attempt made 3 days later, including the additional fee. Noting, a fee applies for each failed payment attempt.
• CrossFit 4055 may suspend services until overdue fees are settled or other arrangements made.

Fees and Charges:

• Memberships are processed using third party payment platform PayChoice. Please refer to their website for all PayChoice Terms and Conditions. https://www.paychoice.com.au/terms

Special Acknowledgements:

• Members on direct debit memberships must agree to:
  • Fortnightly payment frequency, determined by the membership terms.
  • Membership continuation until cancellation with two weeks written notice.

Rules and Regulations 

Code of Conduct:

• The Code of Conduct must be adhered to by members to maintain a safe, inclusive, and enjoyable environment. Members should respect each other's health and safety while on the premises and must comply with Occupational Health and Safety requirements of the Gym. Any internal signage displayed forms part of the Membership Rules and Regulations and should be treated as part of the Code of Conduct. If a member is found in breach of the Code of Conduct or Rules and Regulations, management reserves the right to terminate the membership and take further action if deemed appropriate.

Damage to Property:

• Any member who causes damage to equipment or any property of CrossFit 4055 will be held liable for damages. This does not include damage caused through general wear and tear. Members will also be held responsible for damage caused by their children or guests.

Dress Code:

• Members must wear covered training shoes in all areas of CrossFit 4055, the surrounding complex, and car park, and be suitably clothed at all times for safety, hygiene, and respectfulness. On occasions, there will be exceptions to this rule, at the discretion of coaches/management (e.g., some gymnastic classes/movements and while performing strength movements like deadlifting). T-shirts may be removed within CrossFit 4055 during exercise or in the recovery zone.
• Suitable clothing must be worn at all other times and when leaving the CrossFit 4055 facility. NB: If a member chooses to remove their shoes, it is done solely at their own risk, understanding that not wearing covered shoes increases the potential risk of injury.
• Members are to bring their own sweat towel. Towels in the gym are for the express purpose of cleaning the rig.

Toilets and Shower:

• Toilets and the shower are unisex.
• Members must bring their own towel, and leave the shower in a clean and tidy condition.
• Members are to limit shower time to 10 minutes during busy periods, particularly post class.
• The change room is to be used to get changed pre and post class, and to do things like hair and make-up post shower. The shower bathroom is not to be used.
• Products and appliances provided in the shower and change room are at the Owner's discretion. Products and appliances are not to be removed from the premises.

Environment:

• From August 2025, CrossFit 4055 will be located at Shed 15, 51 Prospect Road, Mitchelton. 
• Members are to park in the designated car park area accessible via the gate entry on Prospect Road, Mitchelton. Parking next to shed 15 is expressly prohibited, unless permission has been specifically granted by CrossFit 4055 management.
• Members are not to crowd or loiter near the Gym or within the grounds in a manner that obstructs or hinders pedestrian movement or access to the precinct. Members should remain mindful not to cause undue disturbance or noise and respect the neighbourhood's amenity, considering that the site is used by other businesses within the precinct and has nearby residential premises.
• Members must minimise all unnecessary and inappropriate noise while entering, leaving, or using the facilities of CrossFit 4055.
• Audio equipment is not to be operated by members; CrossFit 4055 staff will maintain volume at a reasonable level.
• Any member engaging in disruptive or antisocial behaviour may have their membership revoked by CrossFit 4055 management.
• The mezzanine level is restricted at all times while under construction. CrossFit 4055 management will advise when this area is safe to use.

Equipment:

• All equipment must be returned neatly to their designated area after use in all areas of the Gym, including but not limited to free weights, bars, bumpers, kettlebells, plyometric boxes, dumbbells, and benches. This is out of respect for all gym members.
• Due respect is to be paid to all equipment. Dumbbells and kettlebells are not to be dropped due to risk of damage.
• No equipment is to be removed from the gym without the express consent of the owner / Director and any equipment used must be returned in the same condition it was taken. If the equipment is deemed to have been damaged or lost, the cost of repair or replacement is the sole responsibility of the member who had possession of said item.
• Members are required to wipe down the equipment that they have used post session using the provided soapy water cleaning product. Any sweat on the floor is to be mopped by the member using the cleaning equipment provided. 
• The member's reception area kitchen is to be used to access water and to fill water bottles. 
• The office kitchen is for the use of CrossFit 4055 staff members only.

1. CrossFit 4055 Waiver and Release of Liability
   

   Express Assumption of Risk:
   I, the undersigned, acknowledge that participating in physical training at CrossFit 4055 carries significant risks. These risks include, but are not limited to, falls that may result in serious injury or death, injuries or fatalities due to negligence by myself, a training partner, or others nearby, and injuries or fatalities arising from improper use or failure of equipment. I understand that these risks may lead to serious harm or death to myself or others. I willingly assume full responsibility for the risks I am exposed to and accept responsibility for any injury or death that may result from my participation in any activity or class at CrossFit 4055. I also affirm that I have no physical impairments, illnesses, or undisclosed injuries that would put myself or others at increased risk.

2. Release:
   In consideration of the risks and hazards, and in recognition that I am willingly and voluntarily participating in activities at CrossFit 4055, I, the undersigned, hereby release CrossFit 4055, its principals, agents, employees, and volunteers from any and all liability, claims, demands, actions, or rights of action that arise from my participation in these activities, including those potentially attributed to the negligence of CrossFit 4055, its principals, agents, employees, and volunteers. This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remaining terms shall continue in full legal force and effect. If signing on behalf of a minor, I give permission for any staff or member of CrossFit 4055 to administer necessary first aid, and in cases of serious injury or illness, to seek medical or surgical care and transport the child to a medical facility as needed.

3. Indemnification:
   I recognize the risks involved in the activities offered by CrossFit 4055 and accept financial responsibility for any injury I may cause to myself or others due to my negligence. Should CrossFit 4055 or anyone acting on its behalf incur legal fees or costs to enforce this agreement, I agree to reimburse them for such expenses. I further agree to indemnify and hold harmless CrossFit 4055, its principals, agents, employees, and volunteers from liability for injury or death of any person(s) and damage to property arising from my negligent or intentional actions while participating in activities at CrossFit 4055, including but not limited to activities held at the main building, parks, recreational areas, playgrounds, or any other designated training areas.

4. Rhabdomyolysis Release:
   Rhabdomyolysis ("Rhabdo") can occur when intense physical activity causes muscular cells to break down, releasing contents into the bloodstream that may impair kidney function. Exertional Rhabdo, which can affect athletes of all fitness levels, can lead to severe health risks, with symptoms including muscle pain, stiffness, weakness, darkened urine, decreased urine output, mental changes, and swelling in the affected areas. I understand that if I experience Rhabdo symptoms, I must seek immediate emergency medical care, and I accept responsibility for monitoring my own symptoms. I acknowledge that I am the only person who can assess whether I am experiencing symptoms of Rhabdo. I assume full responsibility for any risks associated with this condition and any resulting injury or death.

5. Waiver and Covenant Not to Sue:
   On behalf of myself and my heirs, assigns, personal representatives, and next of kin, I hereby WAIVE, RELEASE, DISCHARGE, and COVENANT NOT TO SUE CrossFit 4055, its officers, directors, representatives, partners, officials, principals, agents, employees, subsidiaries, or independent contractors. I understand that by signing this form, I waive substantial legal rights and agree to indemnify the named parties for liability due to my negligent or intentional acts or omissions.

6. Parental Consent: (for participants under the age of 18)

   I, the undersigned parent or legal guardian of the participant, have read and understood this assumption of risk and release of liability. I agree to its terms on behalf of myself and my child. I acknowledge that by signing below, I am giving up significant rights on behalf of my child and myself.