LEGAL

TERMS AND CONDITIONS

Please read these Terms & Conditions before you complete and tick the acceptance boxes and/or become a member/visitor at The Dysart Lifestyle Centre (hereinafter referred to as the Dysart Gym).

The membership contract between you and the Dysart Gym comes into effect once the Membership Form and any relevant forms and questionnaires have been completed and accepted by an authorised staff member of the Dysart Gym.

These Terms and Conditions apply to ALL Members and other casual clients using the Dysart Gym and it’s facilities.

Access to the Dysart Gym
As a member you are entitled to use the Facilities of the Dysart Gym during the Gym’s normal operating hours so long as you remain a member and you comply with the most up to date Terms & Conditions (these can be found online at www.dysartgym.com or you can request to see a copy in person at the Gym).

General Terms and Conditions
We reserve the right to amend our General Terms and Conditions at any time. The most up to date version is available on our website (www.dysartgym.com).
If you behave in a manner that is unacceptable to us or to other Members of the Dysart Gym, we reserve the right to refuse entry to you and to cancel your membership.
Unacceptable behaviour may include but is not limited to disruptive or threatening behaviour, causing damage to the premises or equipment, abusive language to staff or other Members, dropping weights or use of illicit substances.

To access the Dysart Gym’s after hour feature, you must have a valid membership (3/6/12/FIFO/DIDO). After hours access is an out of pocket fee of $85.00 and conditions apply.
If you lose or forget your card, you are not able to ask another member to allow you entry to the Gym, as you are not allowed to permit entry to other people of the Gym.

Should you lose or damage your Swipe Card, you will be subject to an $85.00 replacement fee. Should you allow another person to enter the Gym by following you in you will be subject to a $49 tailgate fee. The entry doors are monitored by surveillance and tailgating is checked by staff. Failure to sign in upon entry either by Swipe Access or during staffed hours may result in your Membership being cancelled.

Clean fully enclosed shoes must be work during all times at the Gym for health and safety reasons. A shirt or singlet must always be worn, and all clothing must be clean and tide with no offensive print as consideration for other Members. Towels must also be used for health and safety reasons. Failure to bring your own towel to use may result in a $10.00 fee to purchase one from our Gym.

Dysart Gym will contact members from time to time regarding important information relating to their membership, using the contact details provided to us at the time of sign up. It is the responsibility of the Members to ensure their contact details are up to date to prevent important information being lost.

 

Children under 14 years of age are not permitted access to our Gym (either by Swipe Access or during Staffed Hours), unless for attending our Creche service or otherwise approved by Gym Management.

Creche
Children are only permitted in the Creche room during designated session times when fully supervised by Dysart Gym staff. No children are permitted in the Creche room at any other time for any reason, unless approved by Gym Management.
Our Creche is monitored by constant camera surveillance. By acknowledging these Terms, you acknowledge that the Dysart Gym reserves the right to keep and use footage for legal proceedings relating to conduct in the Dysart Gym Creche.

Your Health & Physical Condition
You confirm to us that you are in good physical condition when joining the Dysart Gym and whenever you use the Gym and it’s facilities that you are not aware of any medical or other reason that might be detrimental to your health, safety, comfort or physical condition.
You are responsible to notify the Dysart Gym of any conditions that may impede or prevent you from using our facilities and it is up to you to provide us with medical consent to participate in physical activity if requested. You should not use the Gym and it’s facilities whilst suffering from any contagious illness, disease or infection or when suffering from physical ailment, especially if there is a risk for our other Members.

Use of Facilities
It is your responsibility to ensure that you correctly operate any equipment at the Dysart Gym. If you are in any doubt as to how to do so, you should consult a member of Staff before use. If you cause any damage to any facilities or equipment at the Dysart Gym you must notify a member of staff. You may be held responsible for the cost of repair or replacement if intentionally using a piece of equipment not as it is designed to be used.

Fees
All up front membership fees are payable in advance unless otherwise agreed through writing through Dysart Gym Management.
When joining the Dysart Gym you will become responsible for paying the membership fees for the duration of the period of your contract.
Fortnightly payments may be made by Direct Debit ONLY. Any failed payments will incur a dishonour/late fee of $14.95 applied by Dysart Gym.
This late fee ($14.95 will be charged 3 days after your due date and will repeat every 7 days until payment is made).
Further dishonour fees will be incurred by our Third Party Direct Debit provider also. Your unpaid dishonour/late fees may also incur a late fee.
All cash payments must be made in full at commencement of your contract term for your chosen Membership.
We reserve the right to increase Membership prices at any given time as decided by Management. Our current Price Lists will be available online.
Your Contracted Direct Debit contract is an ongoing/perpetual contract with no end date. To end your contract with us, you must give us fourteen (14) days notice in writing to terminate your contract (Fees apply).
Your NON Contracted Direct Debit Membership may be cancelled at any time. You must give us fourteen (14) days notice in writing to terminate your membership contract.

Membership Prices (current as of 14/06/2024)
We reserve the right to increase/change our prices at any given time. Upfront membership costs must be made in full at the commencement of your contract. No refunds on any upfront membership sale. Direct debit memberships are paid fortnightly and incur implementation fees, dishonour fees (where applicable) and cancellation fees (where applicable). Minimum costs are based on full contract being honoured and not cancelled before the end of the contracted time period.

Current costs:

Upfront: 12 months – full price $700, concession $550; 6 months – full price $400, concession $310; 3 months – full price $280, concession $220; 1 month – full price $130, concession $95; FIFO/DIDO - $460; 2 week pass – full price $100, concession $85; 1 week pass - $70; 10 visit pass – full price $120, concession $90; 5 visit pass - $65; casual visit (1 visit) – full price $15, concession $10.

Direct Debit:

12 month contract – Full price $21.95/week (min. cost $1156.40), concession $15.95/week (min. cost $844.40); 6 month contract – full price $23.95/week (min. cost $637.70), concession $17.95/week (min. cost $481.70); 3 month contract – full price $25.95/week (min. cost $326.40), concession $19.95/week (min. cost $254.40); FIFO/DIDO $13.95/week (min. cost $42.90); No lock in contract – full price $36.95/week (min. cost $88.90), concession $29.95/week (min. cost $74.90).

Debt Collection
By acknowledging these Terms and Conditions, if paying by direct debit, you fail to make any payments in regards to your obligation under this Agreement and your Direct Debit contract, and fail to remedy this after notification by us, you authorise us (Dysart Gym) to notify a third party debt collector of this default.

Expiry & Renewal of Membership
When the initial period of your membership is completed, your Direct Debit membership will continue until you advise us otherwise and you will continue to be responsible for membership fees until you give us 14 days notice to terminate your membership.

Membership Freezing
All members are entitle to a 4 week (per annum) suspension of their membership (unless approved by Dysart Gym Management).
During this period your Dysart Gym access will be restricted and full payment swill recommence on the date of your agreed upon return.

Cancellation/Termination of your Membership
All memberships have a 7 Day Cooling Off period, from the date at which you sign up. Any membership cancelled within this period may be subject to a $39.00 administration fee (unless waived by management) plus the costs of any gym use occurring within the cooling off period.
To cancel your contract, we require a fourteen (14) day notice period in writing. If you have a payment due within this time it will be taken from your account in full.
If you wish to cancel your Direct Debit membership Contract you will be subject to a cancellation fee of $129. If you wish to cancel your uncontracted Direct Debit Membership you will not be subjected to any cancellation fees.  We reserve the right to change this fee from time to time and the current cancellation fee will be available in our current Terms and Conditions from on our website (www.dysartgym.com or in person at the Dysart Gym).

The Dysart Gym reserves the right to cancel your membership by giving you notice if you fail to pay any fees within 14 days of the due date.
In any of these circumstances you will remain liable to pay all outstanding fees due for the period up to and including the termination date. You may also be liable to cover any costs that the Dysart Gym incur as a result of your actions.

Permanent Sickness or Physical Incapacity
You may terminate your contract (fee free) at any time before the expiry if you are sick or incapacitated and a time freeze is not a suitable option for you. To terminate your contract for this reason, you must provide Dysart Gym management a current medical certificate from a qualified medial practitioner stating that you cannot utilise any fitness services or facilities foreseeably because of your permanent injury or illness or physical incapacity.

Bankruptcy
You may terminate your contract (fee free) at any time before the expiry if you are bankrupt and a time freeze is not a suitable option for you. To terminate your contract for this reason, must provide Dysart Gym Management with evidence of a Notification of Bankruptcy from the Australian Financial Security Authority (AFSA), confirming your bankruptcy.

Personal Property
You are responsible for the care of your Property and valuables while on the Dysart Gym premises and we accept no liability for any loss or damage incurred while at the Dysart Gym. We recommend you bring no valuables into the Dysart Gym. Lost property is disposed of or donated every fortnight.

Data Protection
Personal information obtained by us concerning you will be kept confidential in accordance with our Privacy Policy and relevant legal requirements. Our Privacy Policy can be found online at www.dysartgym.com.

Allowing us to use your image
We will film and take photos at our facility from time to time for advertising and promotional activities. We may use this across our website and social media platforms. By signing this agreement, you acknowledge that we have the right to use those images for business and promotional material and that they will remain the property of the Dysart Gym. 

No Transfer of Membership
Memberships are not transferrable, unless by Management approval. You may not lend your Membership Card or Swipe Card to any third party. Guests may only be invited into the Dysart Gym after obtaining from Management.

Notices
Whenever these Terms refer to notice being give to the Dysart Gym, the notice must be in writing.
The membership contract incorporating these Terms & Conditions constitutes the entire agreement between us and supersedes any previous agreement or understanding between us with respect to it’s subject matter.
The failure by the Dysart Gym to enforce any of these Terms and Conditions shall not be treated as a waiver of that provision, nor shall it affect our right to enforce that provision.
 

Law & Dispute Resolution
If any  dispute occurs between us, we will act in good faith in an effort to resolve it through direct negotiation with you. If this is unsuccessful, either of us may request that the dispute is referred to mediation in accordance with Office of Fair Trading. Any dispute that is not resolved by negotiation or mediation will be resolved by a court.

After Hours Access
The Dysart Gym will be unsupervised at times and by acknowledgement of these Terms the member understands the risks involved and holds no liability to the Dysart Gym or it’s staff or directors. If training alone it is advised to use all safety equipment provided (such as safety bars, pins etc). The Swipe entry is monitored by our camera system so any members bringing in guests without approval risk having their membership cancelled and will incur a once off fee of $49 for their guest. Members under the age of 18 DO NOT have Swipe access.
Signing in upon entry is a REQUIREMENT. Failure to do will risk your membership being cancelled.

Gym Surveillance
The Dysart Gym (including the Dysart Gym Creche) is under constant camera surveillance for the protection of the facility and it’s members. CCTV footage at the Dysart Gym is done so in accordance with relevant state legislation. Any footage taken is viewed only by Dysart Gym staff and directors for the purpose of monitoring our facility and for the protection of our members and staff. The Dysart Gym reserves the right to keep and use footage for legal proceedings relating to conduct inside the gym. We are also required by law to provide copies of requested CCTV footage to police and governing bodies providing it is requested through the appropriate channels.

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GIFT CARDS 

Redeemable at DYSART GYM for goods and services not exceeding the amount on the Gift Voucher. Treat this Gift Voucher as cash; if it is lost, it will not be replaced. Valid for one (1) year from the date of issue. This card is property of the issuer. Not redeemable for cash. No credit or change is given. This Gift Voucher must be used in full in one transaction. If you do not use the full amount on your card at the time of redemption you agree to forfeit the remaining dollar value. Where the price of the goods or services being purchased with the DYSART GYM Gift Voucher exceeds the Gift Voucher amount, you must pay the amount in excess of the Gift Voucher by an alternative payment method at the discretion of the DYSART GYM. DYSART GYM Gift Vouchers cannot be used for Direct Debit payments or Memberships. All memberships are activated at the time of Gift Card redemption. DYSART GYM cannot guarantee any specific supplements will still be available at the time of redemption. This gift voucher is non-refundable and non-transferable. The resale, marketing, advertising or other promotional activities related to or, of a DYSART GYM Gift Voucher is prohibited without our prior written consent. If you do so without our prior written consent, your DYSART GYM Gift Voucher may be considered invalid and we are not obliged to allow the Recipients to use or Redeem the Gift Voucher. You are responsible for the security, use and safety of your DYSART GYM Gift Voucher. We do not take any responsibility where you give access to your DYSART GYM Gift Voucher to a third party in a manner that is not in accordance with these terms and conditions. General Terms and Conditions apply to all sales and Memberships. Please see www.dysartgym.com for up to date Terms and Conditions.

Disclaimer: The member acknowledges that at times the facility may be unsupervised. By acknowledgment of this document the member hereby confirms that they have read and agree to all of the above terms and conditions.

Waiver
I hereby accept that exercise is not without risk or dangers.
I hereby certify that I understand and accept risks and known dangers and certify that I have voluntarily elected to participate in exercises, sessions & fitness evaluations.
I hereby release to the full extent of the permitted law (DYSART LIFESTYLE CENTRE INC/DYSART GYM) from all claims and demands with respect to any accidents, damage or loss to a person or property, pain and suffering however caused. This includes aerobic workouts such as group exercise classes, indoor exercise machines or outside walks/runs, executing a personal program and any form of fitness evaluation or form of exercise coordinated by DYSART GYM, as well as any events entered as recommended by DYSART GYM.
I wholly indemnify DYSART GYM from and against actions, suits, demands, injury, damages, or expenses to which Dysart Gym is or may be liable.
I give permission for my personal details to be discussed or passed on with myself or health professionals where requested or referred to from Dysart Gym.
I hereby accept and understand the Privacy Policy for the Dysart Gym as available on the website (www.dysartgym.com).
 

Compliments and Complaints
Compliments and complaints regarding our facilities or service can be made in person at our Gym or can be emailed to Management at ash@dysartgym.com.