Member & General Access Terms and Conditions

Membership Terms and Conditions

Important:

Your membership agreement with The Cave Gym Pty Ltd ACN 605 507 033 is made up of the membership package selected, terms and conditions provided below, the Waiver and Release Form, the Member Health Information Form, The Cave Gym's Rules and Regulations policy, Talent Release Agreement, Ezidebit AU Direct Debit Request Service Agreement, and any other special conditions or annexures/schedules. These documents constitute the entire agreement, understanding and arrangement between the Member and The Cave Gym and supersedes/cancels any previous oral/written agreements and understandings. To the extent there is any inconsistency, the terms that act to most completely reduce The Cave Gym's liability will prevail.

1. Definitions - The meanings of the terms used in these terms and conditions are set out below:

(1) Member means you, and includes your parent or guardian if you are under 18 years old; and

(2) The Cave Gym means the fitness club/gym owned and operated by The Cave Gym Pty Ltd ACN 605 507 033 as trustee for The Cave Investment Trust, located at 29 Stephen St, South Toowoomba QLD 4350.

(3) Approved Personal Trainer means a qualified personal trainer who is employed by The Cave Gym, or an independent contractor who has been approved by The Cave Gym to provide personal training services within The Cave gym premises.

(4) Lock-in Period means the minimum agreed term for all Termed Memberships as outlined at (2)(2)(c).

(5) Unstaffed Period means times outside of the following times:

a) 8:30am - 8pm Monday to Thursdays;

b) 8:30am -7pm Fridays;

c) 8:30am - 4pm Saturdays; and

d) 10am - 2pm Sundays.

2. Membership

(1) Becoming a Member: The use of The Cave Gym for Members who have:

a) Selected a membership package;

b) Paid the requisite membership fees;

c) Completed and returned a signed Membership Waiver and Release Form, Member Health Information Form, and this form, and any other forms or documents required by The Cave Gym in their discretion; and

d) Where applicable, completes the prescribed induction process with a Cave Gym Staff Member.

(2)Term of Membership:

a) Your membership at The Cave Gym will be dependent upon your selection from the membership packages available.

b) For The "Cave Standard No Commitment" membership package, your membership will have no lock-in term (No Commitment Membership).

c) For all other membership packages (Termed Memberships), your membership at The Cave Gym will be for a minimum agreed term (depending on the membership package selection) of either:

i. One day, for the holder of a causal day pass;

ii. One week, for the holder of a casual week pass;

iii. One (1) month;

iv. Six (6) months;

v. Twelve (12) months;

vi. Eighteen (18) months; or

vii. Any other term The Cave Gym may offer.

(3) The parent, carer or guardian of a member must co-sign a minor's membership agreement.

(4) The Cave Gym reserves its right to determine a Member's membership period in their absolute discretion and in consultation with a Cave Gym approved Exercise Physiologist or a Member's nominated health care professional.

(5) Renewal of Membership: If you wish to renew your membership at the end of any membership period these terms and conditions, the Waiver and Release form and the Member Health Information Form (unless varied) will continue to apply to any renewal membership period. The Member Health Information form will be taken to be true, correct and accurate until informed otherwise by you, and the onus resides on you to:

a) Advise The Cave Gym of changes to your Member Health Information Form; and

b) Seek medical advice from a qualified practitioner as to your engagement in the class, activities and services offered by The Cave Gym.

3. Cooling Off Period

(1) Your membership is subject to a cooling off period of 7 days which commences from the date that you sign this Membership Terms and Conditions Form. If The Cave Gym does not meet your reasonable expectations, you may terminate the Contract pursuant to this clause by written notice to The Cave Gym within the Cooling Off Period.

(2) In the event you terminate the contract in accordance with this clause, all fess paid for use of the FOB keys and membership access will not be refunded.

(3) Access to The Cave Gym will be available in accordance with your membership package until the expiration of the Cooling Off Period, after which time all access to The Cave Gym will be revoked.

4. Membership Fees and Charges

(1) Some No Commitment and Termed Memberships carry a one-time Joining Fee, and this will be payable by Members upon entering this Agreement. The Joining Fee is non-refundable.

(2) The Membership Fee payable will be subject to the membership package selected by you and are payable on a fortnightly basis.

(3) The Membership Fee is due and payable at the beginning of each fortnightly fee period for membership access and use.

(4) The Membership Fee may be paid by way of:

a) Direct debit;

b) Credit card debit; or

c) Over the counter at reception.

(5) Members will be charged an administrative fee of $14.95 for each dishonoured payment of the Membership Fees.

(6) Members who have registered for a class with restricted availability will be subject to a $15 cancellation fee if they cancel the class within 2 hours prior to the start time of that class.

(7) The Membership Fee remains due and payable each fortnight in accordance with this Agreement and their membership package, despite any non-attendance of the member at The Cave Gym, except as provided for under this Agreement.

(8) The Cave Gym reserves its right to charge and vary (including increasing or decreasing) its fees and charges from time-to-time. If The Cave Gym elects to charge Members any new fees and charges, or wishes to vary any existing fees and charges, then The Cave Gym will take reasonable steps to provide its members with at least thirty (30) days' notice of these fees and charges (Fees and Charges Notice Period).

(9) Where a Member does not agree with a variation in fees and charges as outlined in clause 4(8) above, they can terminate this agreement in accordance with clause 16 below within the Fee and Charges Notice Period. Where clause 16 is inconsistent for the purposes of the period for termination, this clause is taken to apply.

(10) Members may apply to suspend Termed Memberships in the event of holidays, career requirements, illness or other events at the discretion of The Cave Gym (Suspension Applications).

(11) Suspension Applications must:

a) Be made by way of email to manager@thecavegym.com.au or phone call to 0432 632 015;

b) Stipulate the dates the suspension is required for (Suspension Period);

c) The basis for the suspension;

d) Be made fourteen (14) days prior to the commencement of the Suspension Period (Suspension Notice Period); and

e) Where the suspension is required as a result of injury or illness, it must be made be made as soon as reasonably practicable and be accompanied by a medical certificate.

(12) Where the Suspension Application is not made by the Member within the Suspension Notice Period, it is at The Cave Gym's discretion as to if the Suspension Application is granted.

(13) If a Suspension Application is granted:

a) The suspension period is at The Cave Gym's discretion and may be approved for up to 4 weeks;

b) The Member's Lock-In term will be extended by the length of the Suspension Period; and

c) Members will be charged a Suspension Fee of $5 per Suspension Period to cover administrative costs.

(14) Where the Suspension is granted and the Member attends, or signs into, The Cave Gym during the Suspension Period, the suspension will automatically lapse, and the Member's Fees will re-commence from that date.

5. Membership Restrictions

(1) The Cave Gym reserves the right to restrict, revoke or deny membership to any member or guest whose access to, or use of facilities, is considered, at The Cave Gym's discretion, to be dangerous or a health and safety hazard to that member and other members or guests.

(2) Where The Cave Gym has advised a member that their membership has been restricted, revoked or on the basis that there is a medical, physical or health risk to that member, that member will not be able to access The Cave Gym's facilities until such time that a qualified medical professional provides written confirmation that it is medically safe for the member to access and utilise The Cave Gym's facilities. Where there are restrictions imposed by the qualified medical professional, the member will not be allowed access to The Cave Gym facilities that do not comply with the restrictions imposed.

(3) Where The Cave Gym has restricted, revoked or denied membership to a member as a result of that members failure to follow the Rules and Regulations of The Cave Gym, and/or are posing a risk to other members or guests, that members membership will be terminated and the full value of their membership will be considered due and payable, and if already paid in it's entirety, is non-refundable.

(4) The Cave Gym reserves the right to suspend and/or revoke access to The Cave Gym where a member is in breach of this Agreement for a period of five (5) days or more following the issuing of a Notice to rectify by The Cave Gym. The Cave Gym may revoke or suspend access until such time that the member rectifies the breach. All Membership Fees remain payable by the member during this period.

(5) In the event a member breaches their obligations under this Agreement, The Cave Gym may:

a) Suspend or revoke the members access to The Cave Gym; and/or

b) Terminate the membership where the breach/default persists for 30 days or more.

(6) Where The Cave Gym suspends, revokes or terminates the membership pursuant to 5(5) of this Agreement, the member must pay the sum owing under the membership package in full. The Cave Gym is entitled to charge the member additional fees such as financial institute charges, and cancellation fees where applicable, as well as all debt recovery costs including legal fees on an indemnity basis.

6. Access to The Cave Gym

(1) Members agree and acknowledge that The Cave Gym's opening hours may be subject to change at the discretion of The Cave Gym.

(2) Members agree to follow:

a) All directions from The Cave Gym or any employee, contractor, agent or volunteer; and

b) Be bound by all rules and requirements of The Cave Gym at all times and as further amended or varied by The Cave Gym from time to time.

(3) Only members may access and use The Cave Gym.

(4) Members agree and acknowledge that access to The Cave Gym's facilities and participation in the activities, classes, sessions, or consultations will be dictated by the membership package you have selected.

(5) Members agree and acknowledge that access to classes, activities and services which are not included in their membership package must be paid separately, and access to the classes, services and activities outside of a membership package will only be allowed once payment has been received.

(6) Members agree to not allow unauthorised access to The Cave Gym or any facility within The Cave Gym to anyone and acknowledge that an administrative fee of $150.00 will be payable by any member who is found to have allowed, and/or facilitated unauthorised access by another. This clause does not limit the sum recoverable by The Cave Gym for associated loss and damage as a result of the unauthorised access pursuant to clause 6(7) below.

(7) Members agree that where they allow an unauthorised individual access to The Cave Gym, that Member is liable for any damage to the premises, personal property or personal injury resulting from the actions of the unauthorised individual.

(8) The Cave Gym has a "tailgating" security system in place which notifies The Cave Gym Management of any un-authorised access outside of hours. Continued breaches of clause 6(6) may result in The Cave Gym revoking outside of hours access to the offending member. Any cancellation of outside of hours access by The Cave Gym Management will not vary the membership terms under this agreement, nor fees payable under the membership package selected at the time the outside of hours access is revoked.

(9) It is at The Cave Gym's discretion, if or when outside of hours access will be reinstated to a member whose outside of hours access is revoked in accordance with 6(8) of this agreement.

7. Membership Card

(1) All members will be provided a Membership Card, otherwise known as a "Fob", by The Cave Gym.

(2) Fobs are for the sole and exclusive use of The Cave Gym member to whom it is issued and are not transferrable.

(3) Fobs must be presented to gain access to The Cave Gym each visit.

(4) If a non-member is found attempting to access The Cave Gym with a member's fob, the fob will be confiscated, and penalties imposed against the member by The Cave Gym in accordance with this Agreement.

(5) The Cave Gym assumes no responsibility for lost fobs. Members must replace any lost fobs at their own expense, and a $15 fee will be payable to The Cave Gym for the cost of processing and replacing the lost fob. The Cave Gym reserves its right to vary the amount charged for replacement FOBS in accordance with the cost incurred by The Cave Gym to replace the lost fob.

8. Membership Queries – All member enquiries should be directed to The Cave Gym or a Staff Member of The Cave Gym.

9. Rules and Regulations – Members are required to comply with The Cave Gym Rules at all times. It is at The Cave Gym's discretion to revoke or suspend a members membership where the member fails to comply with the Rules and Regulations.

10. Minors

(1) Members that are under the age of 16 years are considered to be minors and must be supervised at all times by an adult.

(2) During The Cave Gym's Unstaffed Periods, a Member who is a minor must be accompanied by an adult Member in order to engage in the classes, activities and services offered by The Cave Gym.

(3) Members who are minors must agree and comply with these terms and conditions, and all direction from The Cave Gym Staff Members.

(4) Members who are minors and their supervisors agree and acknowledge that The Cave Gym provides classes, activities and services that are age restricted and members who are minors must not engage in the services or activities outside of their age restrictions. The age restricted classes, activities and services are available at Schedule A.

(5) Where The Cave Gym becomes aware that members who are minors are engaging in classes, activities or services that are age restricted, The Cave Gym reserves the right to suspend, cancel or terminate that member's membership in accordance with this Agreement.

11. Independent Personal Training

(1) Members may engage an Approved Personal trainer to provide services to the Member within The Cave Gym premises

(2) The Member acknowledges and agrees that Approved Personal Trainer who are contractors to The Cave Gym are not employed by The Cave Gym and are completely independent from The Cave Gym.

(3) To the extent permitted by law, the Member must hold The Cave Gym harmless from any and all liability, claim, loss, damage, injury, or action that may arise now, or into the future, in relation to, or in connection with, any Approved Personal Trainer who is contracted by The Cave Gym and the provision of any personalised training and exercise services at The Cave Gym. The Cave Gym accepts no liability for any Approved Personal Trainer contracted by The Cave Gym.

(4) The Member acknowledges and agrees that:

a) Approved Personal Trainers are the only personal trainers permitted to provide personal training services to the Members within The Cave Gym premises; and

b) To the extent permitted by law, the Member holds The Cave Gym harmless from any and all liability, claim, loss damage, injury or action that may arise now, or into the future, in relation to, or in connection with, any unapproved personal trainer and the provision of personalised training and exercise services at The Cave Gym. The Cave Gym accepts no liability for any unapproved Personal Trainer.

12. Use of Equipment

(1) Members must use all The Cave Gym equipment in a safe and responsible manner.

(2) A Member must only use the equipment available to their level of ability and if unsure, agrees to seek the assistance of a spotter or request the assistance of a personal trainer.

(3) A Member must not drop the weights and must return all equipment not being used back to its original position. No bags or loose items are to be located on The Cave Gym floor areas.

(4) A Member must use spotters and collars as necessary and must immediately report any injuries (including injuries sustained by other members), issues, faults or damage to equipment, to The Cave Gym Staff.

(5) Members must comply with all directions of The Cave Gym Staff.

13. Personal Items & Lost Property -

(1) The Cave Gym are not responsible for any loss of, or damage to, personal property at The Cave Gym including if kept in a locker/storage compartment.

(2) It is the Member's responsibility to ensure the safety of all personal items at all times.

(3) Personal items must not be stored at The Cave Gym overnight.

(4) Members must label personal items for ease of identification and any lost property will be held behind The Cave Gym counter for a period of two (2) weeks.

(5) All abandoned/lost property collected by The Cave Gym will be removed from the premises after two (2) weeks and donated or otherwise disposed of.

14. The Cave Gym's Rights –

(1) The Cave Gym reserves the right:

a) To review and change these terms and conditions, the Rules and Regulations, and any other forms or documents associated with your membership and use of the Cave Gym in its absolute discretion; and

b) Add or remove classes, activities and services, and amenities at their absolute discretion or as required by law without prior notice to Members.

(2) In the event The Cave Gym makes changes pursuant to 14(1) above, The Cave Gym will take reasonable steps to provide its Members with at least thirty (30) days' notice, (Changes Notice Period), and where the Member does not agree with the proposed changes, they may terminate their membership in accordance with clause 16 below within the Changes Notice Period. Where clause 16 is inconsistent for the purposes of the period for termination, this clause is taken to apply.

15. Members Obligations –

(1) Members agree to comply with:

a) All directions of The Cave Gym Staff;

b) The Cave Gym conditions of entry;

c) The Gym Rules; and

d) These Terms and Conditions.

(2) Members have an obligation to:

a) Update personal and contact details as and when they change;

b) Inform The Cave Gym of any change in health, or risks to their health;

c) Inform The Cave Gym of any injury sustained while using The Cave Gym; and

d)report any equipment that is damaged, faulty or may be of risk to other members or persons at The Cave Gym.

16. Cancellation, Termination & Suspension -

(1) Members can cancel Termed Memberships with The Cave Gym during the Lock-In Period by providing 30 day's written notice and payment of the relevant cancellation fee.

(2) Members who have a No Commitment Membership package can cancel their membership at any time by providing 30 days written notice.

(3) After the Lock-In Period, all Termed Memberships:

a) Will continue on a week-by-week basis; and

b) May be cancelled by providing 30 days written notice.

(4) Cancellation of a nominated membership within the Lock-In period:

a) Will result in a Cancellation Fee as determined by the Membership Package selected; and

b) Must be cancelled with 30 days written notice.

(5) Upon expiration of the 30-day notice period and termination of a membership, Members must, surrender and return their Gym membership card and cannot attend or use The Cave Gym.

(6) Written notice of cancellation or termination of a membership must be provided by the member in the approved form available at https://thecavegym.com.au/pages/membership-cancellations

(7) The Cave Gym reserves the right to suspend (for any period of time as determined by The Cave Gym), cancel or terminate a Member's membership (or a group/club/association) at The Cave Gym without notice and for any reason in their absolute discretion.

17. Security Cameras and Filming -

(1) Members acknowledge and irrevocably consent to the recording, filming and storage of any film and images for the purpose of ensuring the security of The Cave Gym, crime prevention and to ensure the safety of all members accessing The Cave Gym.

(2) Members will be required to complete a Talent Release Agreement Form as part of the membership application process.

(3) All film and images will be collected, handled and stored in accordance with The Cave Gym's Privacy Policy which is accessible upon your request to The Cave Gym Staff Member, or by the following website link https://www.thecavegym.com.au/privacy-policy

18. Data Collection/Storage – Members agree to the collection, handling and storage of their personal and sensitive information and data in relation to their Cave Gym membership and any Member Health Information (which may include physical/mental information) undertaken as a part of their Cave Gym membership. Information and data may be used by The Cave Gym for marketing, statistical and/or reporting purposes and analysis. All Member personal and sensitive information and data will be securely collected and handled.

19. Exclusion of liability –

(1) As a condition of your membership with The Cave Gym, Members must sign The Cave Gym Waiver and Release Form prior to any use or access to The Cave Gym.

(2) To the extent permitted by law, The Cave Gym excludes any and all liability to the Member, Member's parent, guardian and/or appointed supervisor arising from these terms and conditions, tort, statute, or in any other way, for any injury, damage, or loss of any kind (without limitation) sustained by the Member and/or any other person, or for any costs, charges, expenses incurred by the Member arising from, or in connection with, its membership with The Cave Gym, the classes, activities and services/products provided by The Cave Gym and/or any act or omission by The Cave Gym, and any classes, activities and services/products provided by an Approved Personal Trainer.

20. Complaints & Incidents – All complaints, or incidents, should be reported to The Cave Gym in writing. All complaints and incidents will be handled in accordance with The Cave Gym's Policies and Procedures.

21. General - These terms and conditions, the Membership Application Form, the Gym Rules, the Waiver and Release Form, and any other special conditions or annexures/schedules, are governed by and construed in accordance with the laws of Queensland. Members irrevocably submit to the non-exclusive jurisdiction of the Queensland Courts.

22. Website

Members acknowledge and agree that any information or recommendation provided on The Cave Gym's website is not professional advice and is taken at their own risk.

23. Force Majeure

(1) A Fore Majeure event means an event beyond the reasonable control of the Member, including an act of God, compliance with a law or government order, rule, regulation or direction (other than as a result of an act or omission of the Member) or accident which in every case is not reasonably foreseeable and is beyond the reasonable control and without the fault or negligence of the Member.

(2) If a Member is prevented from accessing The Cave Gym's classes, activities and services as a result of a Force Majeure event, the Member must provide Notice as soon as reasonably practicable upon becoming aware of the Force Majeure event and The Cave Gym may suspend the Member's membership in accordance with the Agreement.

24. Notices

(1) Notices referred to within the Agreement will be issued:

a) Within the specified time;

b) In writing; and

c) To the Members nominated email address.

Schedule A

Age Restricted Classes, Activities and Services:

Service Age

• Sauna - 16 +
• Tanning Machine - 16+
• Ice Bath - 18+ or individuals 16+ with the consent of a parent / guardian. (Note: Individuals between the ages of 16-18 require a supervisor when utilising this service).
• Indoor Rock Climbing/ bouldering - 18+ or 6 + with the consent of a parent / guardian. (Note: Individuals between the ages of 6-16 require a supervisor when utilising this service).
• Yoga, and Mat Pilates - 14+
• Reformer Pilates - 16+ or with the consent of a parent / guardian.
• Personal training - 14+
• Group fitness classes including bootcamp - 14+
• Gym access - 14+ (Note: Individuals between the ages of 14-15 require a supervisor when utilising this service).