membership terms and conditions

These terms apply to all of members joining the First Base full access weekly gym membership option

1. MEMBERSHIP PAYMENTS

  1. First Base will commence operating from new premises at 162 Sturt Street from 25 April 2022. Clients joining prior to 25 April 2022 will not be charged until Monday, 25 April 2022.

  2. For clients who become members after 25 April 2022, your membership will begin from the date that you join.  Membership payments will commence immediately and apply each week on the same day as the initial sign up.

  3. The cost of the weekly full access membership is $45.00.

  4. This is an ongoing agreement.   

  5. The client can end this ongoing agreement upon giving fourteen (14) days written notice to First Base.  Membership payments will continue until the end date of the agreement. 

  6. Membership payments are facilitated and processed by Ezidebit.  If a payment fails due to insufficient funds or any other reason, the client may incur a fee from Ezidebit.

  7. If the client membership payment fails leading to an amount owing to First Base of $100.00 or more, the client will have 3 days to pay their outstanding balance.  If the client fails to do so, access to the facility will be temporarily suspended.

2. COOLING OFF PERIOD

  1. The client has the right to a 48 hour cooling off period.  The cooling off period commences on the day that the client signs the membership contract. 

  2. If a client wishes to terminate the membership contract during the cooling off period then the client must do so by providing written notice to First Base at its address for service of Notices specified in Schedule One. 

  3. There is no cooling off period for an existing client choosing to change membership class or on deciding to upgrade membership.   

  4. If the client terminates the membership during the cooling off period, the client will be entitled to a refund of any membership fees paid less an initial administration fee of $10.00 and the fee for the "all hours access fob" of $50.00.  The client will be permitted to retain the "all hours access fob" which can be reactivated at no additional cost in the event that the client later re-joins. 

3. MEMBERSHIP INCLUSIONS

  1. This membership option will allow the client to have full access to the group fitness timetable. The client understands that they must book each class via the GymMaster user app prior to attending the session.

  2. This membership will also allow the client to access and utilise the gym when classes are not in session. 

  3. A client accessing the gym when classes are not in session will do so without there being a trainer in attendance and supervising.

  4. Clients will have full access to shower and toilet facilities, a water bubbler and shared use lockers.

4. GYM CLASSES & TIMETABLE

  1. The client understands that the gym timetable is updated regularly and class times are subject to change. 

  2. Clients will be given fourteen (14) days prior notice of a change to the class timetable.

  3. If the number of clients booked for a class is three (3) or less, First Base reserves the right to cancel the class as long as the cancellation is notified at least 2 hours before the class commencement time. 

  4. To join a class, the client must book in advance.  Bookings can be made up to 14 days in advance of the class date.   

  5. If the class that a client wishes to book is full, the client is able to join a "waitlist".  Clients will be able to be added to the class from the "waitlist" if an opening occurs.  Clients accepted from the "waitlist" will be notified by email.

5. YOUR OBLIGATIONS

  1. Clients must bring to each class and gym visit, a towel and water bottle. 

  2. The client will be given an introductory tour of the facility by an instructor.

  3. The instructor will explain to the client how to safely operate the equipment and will have explained to them rules of conduct, behaviour, dress code and other policies or rules in place.  The instructor will also explain fire safety procedures as well as after hours safety procedures.   

  4. The client agrees that the client will seek the assistance of an instructor before using any equipment that the client is unfamiliar with or undertaking any exercises that the client is unfamiliar with.

  5. The client agrees to inform First Base promptly if you change your contact or payment details or if there is a change to other relevant personal information, including anything that may affect health or safety.

6. FEES AND CHARGES

  1. We review our membership fees from time to time.  If membership fees are to change, we will give you at least one (1) calendar months prior written notice of any such change.

  2. The client understands there is an initial sign-up fee of $50.00.  The fee covers the costs of their "all hours access fob".  

  3. If it becomes necessary to replace the client's fob, there is a fee of $50.00 for the replacement. 

  4. A lost fob will be deactivated.  

  5. The client will report a lost or stolen fob key to First Base.

  6. If the client books a class and decides not to attend, the client must ensure that the booking is cancelled no later than 30 minutes prior to the class commencement time.  Failure to cancel a class booking, in accordance with the cancellation policy, will incur a $5.00 late cancellation fee.

  7. All late cancellation fees collected by First Base will be equally shared between future First Base events and a charity/ies chosen by First Base. 

7. TAILGAITING

  1. The client must not permit any other person (a non-member) to enter the First Base premises or use the facility and services. 

  2. A client who brings a non-Member into the First Base premises will incur a fee of $250.00 for breaching Clause 7.1 and that fee shall be immediately payable. 

  3. In addition to the fee referred to in Clause 7.2, First Base will be entitled to terminate the client's membership. 

8.TEMPORARY SUSPENSION OF MEMBERSHIP

  1. The client may suspend membership by giving First Base seven (7) days prior notice of the date that the client wishes the membership suspension to commence.  Suspensions will only be permitted for a minimum period of 7 days and a maximum period of 28 days.

  2. When applying to suspend a membership, the client must specify the end date of the requested suspension and acknowledges that the membership fees re-commence on that nominated date. 

  3. It is the responsibility of the client to ensure that any request for membership suspension be communicated to First Base in sufficient time to avoid an unexpected payment being charges to the client. 

  4. A client that has purchased a six (6) month or twelve (12) month memberships is not entitled to a temporary suspension of membership.

9. TRANSFERRING MEMBERSHIP

  1. A client is not permitted to transfer membership.

10. CANCELLATION OF MEMBERSHIP

  1. The client may cancel membership by giving First base fourteen (14) days prior notice of the date the client wishes the membership to be cancelled.

  2. The client must inform First Base of their intention to cancel membership in writing to memberships@firstbasetownsvillecity.com

  3. The client will have access to the First Base premises and classes for seven (7) days after the final payment.

  4. Cancellation requests that are received after 17:30 will be deemed to have been received on the next working day.

  5. Six (6) and twelve (12) month upfront memberships cannot be cancelled or refunded. All sales are final.

11. CLIENT'S RIGHT TO END AGREEMEMENT IF THEY SUFFER A PERMANENT SICKNESS OR INJURY

  1. The client can cancel their membership agreement without 14 days’ notice if they cannot continue to use the services provided by First Base due to permanent sickness or physical incapacity.

  2. The client must provide written notice to First Base of their intention to cancel their membership.

  3. The client must provide a medical certificate that confirms the sickness or incapacity.

  4. Memberships that have been purchased upfront will be partially refunded. The refund amount will be determined by the time remaining on the membership.

12. OUR RIGHT TO CANCEL YOUR MEMBERSHIP

  1. We may cancel your membership immediately if you:

    1. Break these terms and conditions

    2. Put the health, safety or well-being of other members or our employees at risk

    3. Allow non-members to use your membership to attend classes

    4. Allow non-members access to the premises

    5. Engage in disruptive or violent behaviour

    6. Steal or purposely damage any equipment within the facility

    7. Have failed to meet your financial obligations to the gym

13. CHANGES TO THESE TERMS AND CONDITIONS

  1. We may change these terms and conditions. We will give you 7 days notice to inform you of any significant changes that may affect your membership. Changes to First Base terms and conditions will be published to the terms and conditions page on the First Base website.

14. CONDITION OF HEALTH

  1. You acknowledge the risks and dangers associated with the strenuous exercise that forms part of the services offered by First Base. This includes, but is not limited to serious bodily injury, death or other damage or injury. You assume all such risks and responsibility for damages, liabilities, losses or expenses which you may incur as a result of your participation.

  2. Each time you use any website, app or facility associated with First Base, you must ensure you are in good physical condition and know of no medical or other reason why you should not exercise. If unsure, you should not use any First Base services until you have sought appropriate medical guidance and been given the go-ahead.

  3. You agree to give us all relevant personal health and fitness information both before and during the course of any exercise program or other activity. You also agree to complete our Pre-Exercise Questionnaire upon our request. In some cases, responses you give will require that you get medical guidance before exercising. You acknowledge that pre-exercise or other screening is no substitute for medical advice and does not guarantee against injury or death.

  4. You promise that information you give us will be true and accurate and not misleading in any way. You must not use any website, app or in-person service from First Base 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 members and others. We may suspend or cancel your account if we have reason to suspect that you have not complied with this paragraph or these terms & conditions more generally.

  5. First Base Fitness and Physiotherapy, and its affiliates make no guarantee, warranty, representation or promise of any health outcomes associated with your use of the First Base services, including but not limited to weight-loss, weight gain or other changes in body composition or your health or wellbeing more generally.​

15. ELIGIBILITY

  1. For safety and security reasons you must be at least 18 years old to become a member of First Base Fitness and Physiotherapy. If you are of the age of 16-18, you must have parental consent to engage in any First Base services. If you are below the age of 18, you are not permitted to use the facility outside of the supervised class hours. Entering the facility during non-staffed hours will lead to the termination of the client’s membership.

16. PRIVACY

  1. All personal information that you supply to First Base will be collected, used, disclosed and managed by First Base according to the terms of our Privacy Policy, a copy of which is available on this Website. You consent to us dealing with your personal information in accordance with our Privacy Policy. You also agree to use this Website in accordance with any other policies that we publish on this Website from time to time..

  2. You understand that photos, films, videos or audio recordings may be taken for promotional purposes. You agree to these images and recordings being used by First Base on our website, social media and for other marketing purposes and you assign your rights in any of these materials to First Base Fitness and Physiotherapy Pty Ltd.

17. VIDEO AND AUDIO SURVEILANCE

  1. For security purposes, First Base uses video and audio surveillance equipment to monitor the facility on a 24-hour basis.

  2. By signing this membership contract, you acknowledge and accept that you will be subject to video and audio surveillance and recording.

  3. Video and audio surveillance is limited to the floor area only and the entry and exit points.

18. EQUIPMENT

  1. The client understands and acknowledges that First Base purchases the equipment within the facility from a third party and therefore does not manufacture any of the fitness or other equipment used in the facility.

  2. The client understands and acknowledges that First Base is providing recreational services and may not be held liable for defective products or equipment.

19. liability for property

  1. The client understands and agrees that First Base is not liable for any personal property that is damaged, lost, or stolen while on or around the facility including, but not limited to, a vehicle or its contents or any property left in the First Base shared lockers.

  2. The client also understands that if a member causes damage to the First Base facility or any equipment within, they are liable to First Base for its cost of repair or replacement.

  3. The client understands that all personal belongings must be stored in the lockers provided and removed when the client departs the facility.

20. RISK WARNING

  1. First Base warns that whilst you are on our premises, you are at risk of suffering physical harm or personal injury including broken bones, soft tissue injuries, joint injuries, permanent disability or death. These injuries may occur from you:

    1. slipping on wet flooring;

    2. being struck by weights;

    3. colliding with equipment, or other Members;

    4. engaging in strenuous exercise and activities; or

    5. incorrect use of equipment or Club,

  2. You acknowledge that any such injury may result not only from your actions but from the action, omission or negligence of others.

  3. You acknowledge and agree that the above-mentioned injuries and potential causes of injuries are not exhaustive, and there are other unknown or anticipated risks that may result in injury, illness or death.

  4. You acknowledge that whilst every attempt is made to ensure that the recreational services and facilities provided by First Base are safe, there are some significant and inherent risks involved, and you agree that you are participating voluntarily at your own risk and responsibility, thereby exposing yourself to certain risks.

21. Release and Indemnity

  1. The client understands that by engaging in any use of the services and facilities provided by First Base, it is at your own risk and acknowledge that the use of the facility may involve risk of injury, whether caused by you or another party. By signing this membership contract, the client agrees that First Base will not be liable for any loss, injury, damage or theft of property, belonging to or brought onto the First Base premises by you, or for any death, personal injury or illness on First Base premises, or from using our facilities or equipment.