Terms & Conditions | George St Gym | Strength And Conditioning

George St Gym Terms and Conditions

The terms and conditions and any document referred to in them, including information on our App or Site (Terms), are between George St Gym Operations Pty Ltd (ACN 659 026 918), its successors and assignees (referred to as “we”, “us” or “our”) and you, the person, organisation or entity that purchases a Membership from us (referred to as “you” or “your”), and collectively the parties. These Terms will apply to all Services provided by us to you, or to your dependent.

You acknowledge and agree that:

where you sign-up for the standard, ongoing GSG membership, you are signing up for a periodic agreement that will continue until you terminate the membership in accordance with these Terms;
where you sign-up for the GSG 10 Class Pack, you are signing up for a fixed term agreement entitling you to attend 10 GSG Classes over the 12 month period commencing from acceptance of these terms and if you would like to purchase another GSG 10 Class Pack, you will need to enter into a new agreement; and
where you sign-up for the GSG Commit To Be Fit 6 month membership, you are signing up for a fixed term agreement and if you would like to purchase another membership, you will need to enter into a new agreement.

We will have no obligation or liability in connection with the Services until you accept these Terms. You must accept these Terms in accordance with the requirements on our Site, App or as otherwise directed by us, whether on behalf of yourself or your dependent. If you accept these Terms on behalf of your dependent, any reference to “you” will be to your dependent where applicable.

You warrant to us that you have read our Privacy Policy (available on the App and Website).

We acknowledge the Traditional Owners of the land George St Gym operates, the Kaurna People, and pay our respects to Elders past, present and emerging.

Important Information:

If you terminate the agreement or stop the automatic debit arrangement in a manner not described in the agreement, then you may be liable to us for damages for breach of contract.

1 Definitions

In these Terms, unless the context otherwise requires, capitalised terms have the following meaning:

ACL or Australian Consumer Law means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time.

Additional Services means services including general access to the Premises, offered by us or our Personnel, which you may purchase for an additional fee.

App means the George St Gym mobile application where you are able to sign up to a Services Option and book the Services.

Casual Visitors means visitors who utilise our Services by paying a one-off Fee that allows them access to certain Services on a one-off basis.

Class means a fitness class offered by us at a specified time, which requires a booking.

Fees means the fees payable by you for your Membership or other Services, as communicated by us (including via our App) and which may be adjusted in accordance with these Terms.

Gym Facilities means the space and gym equipment we offer for your use, including the weights, machines and change rooms.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to this Agreement or otherwise.

Membership means the relevant membership type which you select from the following:

Standard Membership: ongoing access to our Services for the stipulated Fee;
GSG 10 Class Pack: Provides you with 10 class credits which are valid for any class for 12 months staring from the date of purchase; or
GSG Commit to be Fit: Purchase the Membership for 6 months, charged weekly from the date of purchase.

Pricing for each Membership Option is available on our Website and App.

Services means the services specified in the Services Option you select and may include the following:

(a) access to and use of the Gym Facilities;

(b) access to Classes;

(d) any other services that we communicate to you (including via the Site or App), from time to time, subject to these Terms.

Services Option means a type of Membership or access as a Casual Visitor.

Payment Terms are described in clause 12.1.

Personal Training Session means a private training session with our Personnel, which may be purchased for an additional cost.

Personnel means, any of our employees, consultants, suppliers, subcontractors, contractors, agents, instructors, trainers, affiliates and members.

Premises means 11 George St, Hindmarsh, Adelaide 5007.

Site means our website available at georgestgym.com and may be available through other addresses or channels.

Start Date means the date that you accept these Terms.

Waiver means the document ‘Waiver of Liability’, provided to you by us prior to signing up for the Services which forms part of these Terms and Conditions.

2 Commencement

2.1 You may purchase Services from us by selecting a Services Option, completing an application and accepting these Terms. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete and advise us of any changes to the information. We may at our discretion accept or reject your application depending on factors including availability and our ability to validate payment for the Services.

2.2 It is your responsibility to check the details of your chosen Services Option, the applicable Fees, class availability and timing, and these Terms, before you submit your application.

2.3 These Terms take effect on the Start Date.

3 Our obligations

3.1 In consideration of you paying us the Fees, we will provide the Services in accordance with your Services Option and these Terms, whether ourselves or through our Personnel.

4 General Terms

4.1 You acknowledge and agree that:

(a) the provision of some, or any, of the Services may be subject to availability or a screening process which you will be required to fulfil. We reserve the right to refrain from providing you the Services if you fail to fulfil the requirements of the screening process;

(b) we (through our Personnel) may introduce other Services or offer Additional Services, from time to time, in our absolute discretion. We will determine the fee (if any), scope and conditions of new Services or Additional Services at our discretion. You will need to pay applicable fees directly to the provider of the Additional Services and agree to separate terms and conditions. We are not responsible for Additional Services provided by a third party including fees or any associated costs, refunds or claims, unless they are provided by us;

(c) we may make changes to these Terms from time to time, by giving you at least 21 days’ notice. Without limiting subclaus (d), if we give you notice of any changes and the changes have a material adverse effect on you, you may notify us of this and provide evidence of this material adverse effect before the new terms come into effect and we will either remedy your concerns or you may terminate these Terms without any liability to us;

(d) we may change:

i. the availability, timing or frequency of classes; and/or

ii. the nature and composition of the equipment at our Premises, at our discretion and at any time;

(e) in order to access and make use of the Services (including but not limited to booking in for Classes and Personal Training Sessions, you may need to create an account using an email address and password on our App (Account);

(f) The Services are for personal use only and cannot be used to offer coaching or training to any third parties; and

(g) Classes and Personal Training Sessions are subject to Personnel availability and may be cancelled at any time prior to commencement.

5 GSG Commit to be Fit

(a) In connection with the GSG Commit to be Fit Membership:

i. you will be entitled to use the Services for six months (Commit to be Fit Membership Term);

ii. in order to continue to use the Services beyond the Commit to be Fit Membership Term, you will need to enter into a new agreement with us; and

iii. we may contact you at any point from 3 months before the end of the Commit to be Fit Membership Term to discuss renewal of your membership or signing you up to a new Membership.

6 GSG 10 Class Pack

(a) The GSG 10 Class Pack entitles you to attend up to 10 classes, which you must book through the App. It does not entitle you to use any other Services.

(b) At the end of the 12 month period commencing on the Start Date, any unused credits for classes will expire. In order to continue using the Services beyond the end of the 12 month period commencing on the Start Date you must enter into a new agreement with us.

7 Standard Membership

(a) In connection with the Standard Membership:

i. the membership is a paid-in-advance weekly membership that continues until you cancel in accordance with these Terms; and

ii. you will be entitled to use the Services in accordance with your application and these Terms.

8 COVID-19

8.1 You must refrain from accessing the Premises and participating in Services if you are, or might be unwell, or live in or have been to an area that has a particularly high risk of COVID-19 (or any variation or mutation of the disease), including any regions the Federal or State government has declared a hotspot (Hotspot). You agree that we reserve the right to refuse you entry or to cancel your Class or Personal Training Session booking if you have been to a Hotspot.

8.2 When attending our Premises, you must comply with any government directives regarding COVID-19 (or any variation or mutation of the disease), and we may also introduce additional directions beyond those prescribed by the government with which you must comply. When attending our Premises, we ask you to maintain a physical distance from other people. You agree that entry to our Premises may be subject to a temperature check, completion of a COVID-19-safe check-in, and you may be required to wear a face mask.

8.3 You agree that, if you demonstrate any COVID-19 symptoms or are required to isolate due to Government regulations, you will do so. If you begin to feel unwell whilst participating in the Services, you agree to return home immediately. Whilst attending the Premises and participating in the Services, you agree to ensure a high standard of hand hygiene.

9 Rules of Conduct

9.1 Despite anything to the contrary, to the maximum extent permitted by law, you acknowledge and agree:

(a) to comply with these Terms, all applicable laws, and all of our reasonable requests or requirements at all times during the term of these Terms;

(b) to observe any applicable house rules or conditions that are introduced or otherwise communicated by us, from time to time;

(d) to check in with Personnel before participating in any Services;

(e) to not be under the influence of alcohol or non-prescription drugs when in the Premises or when participating in the Services;

(f) to not engage in reckless, foolish or negligent behaviour, or any other behaviour, which may, in our reasonable opinion, create a risk of injury to you or a third party;

(g) to respect all Personnel, fellow members, equipment and facilities and ensure you leave equipment as you found it;

(h) to not behave in any manner that is contrary to George St Gyms’ commitment to fostering, cultivating and preserving a culture of diversity, equity and inclusion. You understand that any behaviour to the contrary may be subject to membership termination;

(i) to keep any belongings and valuables you bring into the Premises safe;

(j) to wear suitable clothing at all times when using the Services;

(k) to bring and use a towel at all time when using the Services where possible;

(l) to cooperate with us, and provide us with information and instructions that are reasonably necessary to enable us to provide the Services, as requested by us from to time, and comply with these requests in a timely manner; and

(m) that you will remain solely responsible for all and any activities you undertake through the use of the Services.

9.2 You acknowledge that you may be required to accept terms and conditions of third party app providers in connection with using any app.

10 Your acknowledgements and warranties

10.1 Despite anything to the contrary, to the maximum extent permitted by law, you acknowledge and agree that:

(a) RISK WARNING: your participation in the Services may expose you to the risk of death, physical harm or personal injury. The risk of death, physical harm or personal injury may arise from, but is not limited to, third party participants, your physical fitness level, tiredness or overexertion, strenuous exercises, your training technique, equipment supplied by us or any failure to comply with our instructions or directions. You acknowledge and agree that death, physical harm or personal injury may arise from your or another party’s acts, omissions or negligence. You understand and voluntarily accept any risk that may arise from your participation in the Services;

(b) in the event that you become aware at any time of any medical, physical or psychological condition, injury or impairment that may be detrimental to your health or affect your proper and safe use of the Services, you must immediately notify us, cease to use the Services and contact your medical provider;

(c) you are solely responsible for determining the suitability of any Services, and your reliance on any information that is provided to you is at your own risk;

(d) the Waiver signed by you forms part of these Terms; and

(e) we may, from time to time allow access to the Premises to external third parties.

10.2 You represent and warrant that:

(a) you are 16 years or older, or if you are under 16 years, you have the consent of a legal guardian to use the Services and that you are at least 16 years old;

(b) if you are signing on behalf of a dependent, you have informed your dependent of the rules of participating in any Services;

(d) you will cooperate with us, and provide us with information and instructions that are reasonably necessary to enable us to provide the Services, as requested by us from time to time, and will comply with these requests in a timely manner;

(e) you will at all times comply with the rules of conduct set out in clause 8;

(f) any information you provide to us is true, correct and complete;

(g) you will not use the 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 Personnel;

(h) where you are aware of or become aware of, any physical or medical conditions that prevent you from participating in your chosen Services you will inform us and either:

(i) you will not participate in those Services; or

(ii) you have received consent from a medical professional to participate in those Services;

(i) you will follow our reasonable instructions;

(j) you will inform us if you have reasonable concerns relating to our provision of the Services under these Terms, with the aim that the parties will use all reasonable efforts to resolve your concerns; and

(k) you are responsible for obtaining any consents, licences and permissions from other parties (such as medical practitioners) necessary for your chosen Services to be provided to you, at your cost, and for providing us with the necessary consents, licences and permissions which we may require.

11 Booking Classes and Personal Training Sessions

11.1 You must make a booking to attend a Class or Personal Training Session via the App or by contacting us to request a booking.

11.2 Your Class or Personal Training Session booking is not confirmed until you receive a confirmation message, either via the App or via email.

11.3 You may cancel a Class or Personal Training Session up to 3 hours before it is due to commence via the App, by email or calling us. If you have booked as a Casual Visitor and fail to cancel or you fail to attend the Class or Personal Training Session and you have not cancelled in accordance with this clause, and you will received a credit back to your account which you can utilise within 30 days towards another Class or Personal Training Session.

12 Payment

12.1 You agree to pay us the Fees and any other amounts payable to us under these Terms, in accordance with the following:

(a) if you are paying the Fees as a Casual Visitor or GSG 10 Class Pack, you must pay the Fees before we start the provision of the Services; and

(b) if you are accessing Standard or GSG Commit to be Fit Membership, you must pay the Fee weekly and in advance. Payment may be made by either:

i. direct debit payment on the Start Date or as otherwise agreed between the parties and on the weekly anniversary of the Start Date (or the date of your first payment); or

ii. by credit or debit card payment on the Start Date or as otherwise agreed between the parties and on the weekly anniversary of the Start Date (or the date of your first payment), (Payment Terms).

(c) Our Fees and payment methods are as set out in our Membership Details and Payment Authority below, and may be amended, from to time, at our discretion. You agree to pay us the Fees and any other amounts payable to us under these Terms, in accordance with the Payment Terms.

(d) Where you sign up for a Membership with direct debit Payment Terms, you must provide us with all information which we may require in order to set up direct debit payments. You acknowledge and agree that:

i. by accepting these Terms, you grant us authority to make the direct debit from your nominated financial institution and will take all necessary additional steps advised by us in connection with the provision of that authority; and

ii. you may be required to accept terms and conditions of third party payment service provides, such as GoCardless in connection with making direct debit payments and Stripe for Casual Visitor Fees.

(e) Without limiting any other provision of these Terms, in connection with the Standard Membership, we may increase the Fees by providing you with at least 30 days’ notice to you via email. If you do not agree with the Fee increase you may cancel your Standard Membership in accordance with your cancelation rights below. If any payment has not been made by the due date set out in the Payment Terms, we may charge you interest for any unpaid amount, at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 2% per annum, calculated daily and compounding monthly.

(f) If we are not able to be successfully process a direct debit payment, we will attempt to take the payment again three additional times in the following manner:

i. 1 day after the initial failure date;

ii. 4 days after the initial failure date; and

iii. 11 days after the initial failure date.

(g) We will endeavour to contact you by phone, text or email to inform you of any overdue payments, including failure by you to make payment by credit card or debit card. In the event that we cannot contact you, we will provide you with written notice of overdue payments.

(h) If any payment has not been made within 14 days of the due date set out in the Payment Terms, we may (at our absolute discretion) immediately cease providing the Services.

(i) We reserve the right to engage debt collection services for the collection of unpaid and undisputed debt, and the right to commence legal proceedings for any outstanding amounts owed to us.

(a) Promotions: We may from time to time offer promotional deals and discounts for select Services. To claim the discount, you must make your purchase in accordance with the conditions of the promotion as specified on the Site where the promotion is advertised.

13 Australian Consumer Law

13.1 Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the supply of the Services by us to you which cannot be excluded, restricted or modified (Consumer Law Rights).

13.2 If the ACL applies to you as a consumer, nothing in this Agreement excludes your Consumer Law Rights as a consumer under the ACL. You agree that our Liability for the Services provided to an entity defined as a consumer under the ACL is governed solely by the ACL and this Agreement.

13.3 Subject to your Consumer Law Rights, we exclude all warranties, and all material, work and services (including the Services) are provided to you without warranties of any kind, either express or implied, whether in statute, at Law or on any other basis, except where expressly set out in this Agreement.

13.4 This clause 13 will survive termination or expiry of these Terms.

14 Waiver

14.1 You agree that you have read and signed George St Gyms’ Waiver and agree that it forms part of these Terms and Conditions.

15 Limitations

15.1 Despite anything to the contrary, to the maximum extent permitted by law:

(a) you warrant that you have not relied upon any warranty, representation, statement, offer or documentation made or provided by or on behalf of us;

(b) you agree that these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms;

(c) our maximum aggregate Liability arising from or in connection with these Terms is limited to us re-supplying the Services to you, or, at our option, refunding to you the amount you have paid us for the Services to which your claim relates;

(d) we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with:

i. any event or circumstance beyond our reasonable control;

ii. any loss, theft or damage to your property (including personal items);

iii. any negligent acts or omissions of you or any third party, including any third party that you allow onto the Premises or to use any part of the Services and/or any other member or user of the Premises; and/or

iv. lack of suitability or benefit (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Services or Additional.

(e) This clause 15 will survive termination or expiry of these Terms.

16 Termination

16.1 You may terminate your Standard Membership and these Terms by providing us with written notice prior to the next payment for the Standard Membership being processed by us. Upon termination, you must take all necessary steps to cancel any direct debit authorisation for payments under these Terms.

16.2 You may terminate your GSG Commit to be Fit and these Terms at any time by providing us with written notice and payment in full of the remaining Fees payable by you under the GSG Commit to be Fit membership. You acknowledge that this is a cancellation fee and not a penalty and is reasonable having regard to the discount fee offered in connection with the GSG Commit to be Fit membership and the needs of our business to staff, plan and invest on the basis of our members’ commitments.

16.3 You may terminate your Membership and these Terms upon written notice, if we commit a material breach of these Terms and we do not remedy the breach within 14 days of you giving us notice to do so, in which case you will be entitled to a pro rata refund for any Fees already paid by you to us, and we will not charge you and further Fees and we will cease providing Services to you.

16.4 We may terminate your Membership and these Terms, immediately, if:

(a) you commit a serious breach or repeated minor breach of these Terms;

(b) you breach these Terms and you do not remedy the breach within 14 days of us giving you notice to do so;

(d) any payment has not been made within 14 days of the due date set out in the Payment Terms; or

(e) you breach any terms and conditions set out on any direct debit request or authorisation form.

16.5 If we terminate your Membership and these Terms for any reason outlined in clause 16.4, we may (without limiting any other right or remedy) recover any reasonable costs and expenses we incur as a result of your breach and:

(a) if you were on a direct debit payment plan, collect the full amount of Fees for the remainder of the then current billing period and any amounts you owe in arrears; and

(b) if you paid for your Services upfront, refund you on a pro rata basis for the unused part of your Services less any Cancellation Fee.

16.6 Termination of these Terms will not affect any rights or liabilities which a party has accrued under it.

16.7 Unless otherwise agreed between the parties, if these Terms are terminated, then any current Membership will also terminate on the date of termination.

16.8 Termination of these Terms and/or any Membership will not affect any rights or liabilities which a party has accrued under it.

16.9 We may, in our absolute discretion, allow a suspension or freezing of your Membership. All suspension requests must be in writing 7 days’ prior to the suspension date. We may charge you an administration fee per week during the suspension. You may only suspend your Membership for a maximum of 6 weeks every year.

16.10 This clause 16 will survive the termination or expiry of these Terms.

17 Privacy

17.1 By providing personal information to us, you acknowledge we will collect, hold, use and disclose your personal information in accordance with our Privacy Policy which forms part of these Terms and Conditions and is available on our App.

18 Disputes

18.1 If you have any feedback or questions about our Services, please contact us.

18.2 If there is a dispute or you have a complaint in relation to these Terms, your Membership or the Services, you must tell us in writing the nature of your complaint and/or dispute, what outcome you are looking for and what action you think will settle the dispute (Complaint Notice). Within 7 days of receiving your Complaint Notice, we will contact you to seek to resolve your complaint.

19 General

19.1 Acceptance and signing: You acknowledge that by accepting these Terms, including by checking a box on the App or Site, you agree to the Terms and to the maximum extent permitted by law, are deemed to have signed these Terms.

19.2 Amendment: We may amend these Terms by providing you with at least 30 days’ notice via email. If you believe the changes will have a material adverse effect on you, you may notify us of this and provide us with evidence of this material adverse effect before the new terms come into effect and we will either remedy your concerns or you may terminate these Terms without any liability to us.

19.3 Assignment: You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our consent. We may assign or transfer our rights or obligations under these Terms with notice to you.

19.4 Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with this Agreement, to a debt collector, debt collection agency, or other third party.

19.5 Entire agreement: Subject to your Consumer Law Rights, this Agreement contains the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in this Agreement, and this Agreement supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.

19.6 Governing law: These Terms will be governed by and construed in accordance with the laws for the time being in force in the State of South Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts of South Australia.

19.7 Notices: Any notice given under these Terms must be in writing addressed to us at our details at the end of these Terms or you at your details which are registered with us. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

19.8 Privacy Policy: Means our Privacy Policy available at www.georgestgym.com

19.9 Publicity: You agree that we may advertise or publicise the provision of the Services to you, including on our Site or in our promotional material. Please let us know if you would not like your participation in the Services to be publicised.

19.10 Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

19.11 Survival: Any clause which by its nature survives the expiry or termination of this Agreement, survives the expiry or termination of this Agreement.

19.12 Waiver: No waiver by either Party of any provision of these Terms will amount to a waiver of any other provision of these Terms unless made in writing and signed by the party against whom the waiver would have been enforced.

Contact details:

George St Gym Operations Pty Ltd (ACN 659 026 918)

Address: 11 George St, Hindmarsh, Adelaide 5007

Email: info@georgestgym.com

Phone: 0478220369

Last update: May 2022