Member & General Access Terms and Conditions

Terms and Conditions

Services: We reserve the right to add or delete services and amenities as reasonably warranted or as required by law or legislation.

Cooling off period: The Cave Gym offers a 7-day cooling off period. If The Cave Gym does not meet your reasonable expectations within the 7 day cooling off period, you MUST advise The Cave gym management within the 7-day period in writing that you wish to institute cancellation in accordance with these terms. In the event that membership is cancelled during the cooling off period and in full accordance with these terms any cancellation fees and notice periods will be waived by The Cave Gym, however all fees paid for FOB keys and membership access will not be refunded, and you will have full access until the paid period ends.

Joining Fee: (if applicable) By paying a joining fee you are purchasing an entitlement to use the facilities of The Cave Gym in accordance with the terms of this agreement.

The joining fee is considered fully earned upon commencement of your membership and as a result is non – refundable.

In the event The Cave Gym waives a membership fee no such fee will be charged and no refund of such fees are payable upon cancellation of membership.

Weekly fees: Weekly fees are those fees due to The Cave Gym on a weekly basis and represent the cost of having use of the club available to you for that period. Fees must be paid at the beginning of each fortnightly fee period for membership entry and use of club amenities. Fees may be paid by way of direct debit, credit card debit or at the counter. In the event that a direct debit fails you will be charged an administration fee of $14.95.

Dishonoured Payments: An administration fee of $14.95 will be charged for any dishonoured payments.

Termination of agreement: You may cancel nominated membership types during the minimum agreed term by providing one month's written notice and paying the relevant cancellation fee per your contract. After the minimum agreed term, all weekly memberships may be cancelled by providing one months' notice. All weekly memberships will continue indefinitely at our discretion until written notice is received and will not be cancelled on the basis of use of the facility.

Cancellation of membership within the lock in period will result in a charge of $200.00 cancellation fee, and one month notice is required for both.

Members must provide one months written notice of cancellation by completing the cancellation form. We will not accept cancellation by any other means. The link to this form can be found on our website at www.thecavegym.com.au

In the event that a membership is not a "termed membership" it may be cancelled at any time by providing one (1) months written notice. Written notice means the completion of the "cancellation form" which can be found on our website at www.thecavegym.com.au.

Early Termination for Medical Reason or Other: If during the Initial Term You are unable to use the Services by reason of a long—term sickness or physical incapacity that is likely to continue for a period of not less than 12 months (verifiable by medical certificate provided at Your expense by a medical practitioner) You may terminate this agreement by giving at least 30 Business Days written notice to the Cave Gym. If you have paid in advance, you will not receive a refund for the unused portion of the membership, however The Cave Gym can hold this until you have recovered in full, or alternatively it can be transferred to a family member at the discretion of The Cave Gym. At Your option, You may defer the Membership to a later period agreed between You and the Cave Gym.

If at least 6 months or one third of the Initial Term (whichever is greater) has expired and you have paid all amounts due, you may give 30 days written notice to the Cave Gym that your residential address is, or will be permanently relocated to a distance further from the Facility than your present residential address, provided that the new residential address is farther than 50 kilometers from the Facility (and your relocation has been verified to the satisfaction of the Cave Gym) the Cave Gym may make an election to either:

(a) allow you to terminate this agreement upon payment of a reduced Early Termination Fee of $75, and instalments will cease from the effective date of termination; or

(b) defer the balance of the initial Term to a later period agreed between You and the Cave Gym.

If during the initial Term, You are unable, by reason of temporary physical incapacity (verifiable by medical certificate provided at your expense by a medical practitioner) to use the Services, the Initial Term may be extended by agreement of the Cave Gym, Any such extension will not affect Your obligation to pay instalments at the time and in the manner agreed under the contract.

Suspension: A member may, upon application to The Cave Gym, suspend membership. Suspension of membership is available for a maximum of 4 weeks. In the event of a suspension under a membership with specified term requirement the membership term will be extended past by the initial completion date by the number of days of the suspension. Suspension may be granted by The Cave Gym management only and for reasons of absence such as holidays, career requirements, illness or other at the discretion of The Cave Gym Management. A suspension fee of $5 per week will apply to cover administrative costs.

Waiver and release:

INFORMED CONSENT/ASSUMPTION OF RISK I agree that I have made an informed decision to participate in one or more physical fitness program(s) / class(es) provided The Cave Gym which may include, but not necessarily be limited to, Boot Camp, Personal Training, Cardio, Weights training and/or training of any kind by any affiliate, subsidiary or partnership of The Cave Gym. The Cave Gym by way of its servants and/or agents made me fully aware that the fitness programs / classes / services which The Cave Gym offer and in which I desire to participate are of a nature and kind that are or can be extremely strenuous and can/may push me to the limits of my physical abilities. I the undersigned recognize and understand that the programs/classes are not without varying degrees of risk which may include, but are not limited to the following: Injury to the musculoskeletal and/or cardio respiratory systems which can result in serious injury or death, injury or death due to negligence on the part of myself, my training partner, or other people around me, injury or death due to improper use or failure of equipment, or injury or death due to a medical condition, whether known or unknown by me. I acknowledge it is my responsibility to obtain a spotter to assist with any and all forms of training which may be challenging and/or difficult for me. I am aware that any of these above mentioned risks may result in serious injury or death to myself and or my partner(s).

Release: In full consideration of the above mentioned risks and hazards and in full consideration of the fact that I am willingly and voluntarily participating in the activities made available by The Cave Gym, and with my full understanding of all of the above, I hereby waive, release, remise and discharge The Cave Gym and its agents, officers, principals and employees and volunteers, of any and all liability, claims, demands, actions or rights of action, or damages of any kind related to, arising from, or in any way connected with, my participation at The Cave Gym, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties.

I also allow The Cave Gym to use any footage or photographs taken of me while on the premises for promotional use and/or social media advertising/posting

This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees (if applicable). If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect.

Indemnification: I recognize that there is risk involved in the types of activities offered by The Cave Gym. Therefore, I accept financial responsibility for any injury that I or the participant may cause either to him/herself or to any other participant due to his/her negligence. Should the above mentioned parties, or anyone acting on their behalf, be required to incur legal fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless The Cave Gym, their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered by The Cave Gym

Death or Disability of Buyer: If you become deceased or disabled in such a way that you are unable to use the facilities you or your legal representative may rescind this agreement by giving (30) days' notice in writing.

Membership Card: Membership cards "fobs" which will be provided by The Cave Gym are solely and exclusively for the use of enrolled members and must be presented each time the member visits the facility. Fobs are not transferable. If presented by non – members, cards will be confiscated. The Cave Gym assumes no responsibility for lost fobs. A $15 fee is charged to the member for the cost of processing / replacing a lost Fob.

Restrictions on Membership: We reserve the right to revoke or deny the membership of any member or guest whose access to or use of our facilities, in our judgement, creates a danger or health and safety hazard to you, or any behaviour we deem inappropriate to our other members, guests, or employees. Access to our facilities will be denied, unless you can provide competent medical evidence with additional evidence as we deem necessary. If a member has paid for a membership upfront, and is found to be not following the rules or directions of staff around safety, your membership will be terminated and you will forfeit the full value of your membership. The health and safety of our staff, members and guests is our top priority at all times.

Important: if you fail to use your membership and do not use our programs and facilities, you are not relieved of your payment obligation, regardless of the circumstances, except as provided for in this agreement.

Breach

If you are in breach of any clause of this agreement other than for payment of any amount due and remain in breach for a period of 5 days following notice to rectify issued by the The Cave Gym, then the Cave Gym may elect to suspend Your entitlement to Services until such time as the breach is rectified to the satisfaction of the Cave Gym, (without affecting Your obligation to continue paying the Membership Fee and associated costs).

Rules and Regulation: By signing this agreement you agree to comply with the Rules & Regulations governing the conduct of member and guests. We may suspend or revoke your membership in the event that you fail to comply with our Rules & Regulations. We reserve the right to amend the (terms & conditions) Rules & Regulations as reasonably warranted.

Complete agreement and severability: The terms of this agreement constitute the full agreement between you and us, and no oral promises are made part of it. If any part of this Agreement is declared invalid by law, neither you or nor we will lose any rights contained in the remaining provisions of this agreement.

Applicable Law: The law of the state of Queensland governs this agreement.

Assignment of agreement: We may sell, assign or transfer our right title and interests arising out of the agreement. You will be notified of any such transfer. However, you may not sell, assign or transfer your membership, unless agreed to in writing with The Cave Gym.

Our Rights Upon Default: Our Rights Upon Default: In the event you default on this Agreement, we may suspend or revoke your membership privileges. If your default continues for 30 days, we may terminate your membership and demand immediate payment of the entire amount you owe in addition to any financial institution charges, cancellation fees (if applicable to your membership) and collection fees including but not limited to solicitors costs and commissions incurred by The Cave Gym.

Damage to facility: Any damage caused to equipment, walls, mirrors or other property located at The Cave Gym will be repaired at the discretion of management at YOUR cost. All costs will be charged to you for repair at the cost quoted by our repairers. The Cave Gym reserves the right to choose who performs any and all repairs.

Unauthorised access: Any member found to be allowing un-authorised access to anyone will be fined $150 per instance. We have a "tailgating" security system in place which notifies us of any un-authorised access outside of hours. Continued breaches of this can result in The Cave Gym revoking your outside of hours access. This will mean that your membership can continue, and all membership fees are still payable in full as per the terms of your contract. Revoking your outside of hours access will not result in a reduction of member fees, and your access will remain this way until such time as Management deems necessary to ensure they are satisfied that you will not continue this behaviour.