TERMS AND CONDITIONS OF GYM AND CENTRE USE

 

Somerset Health and Fitness Pty Ltd (ABN 635 424 574) managing the Kilcoy Indoor Sport Centre, 15 Hope Street, Kilcoy, Queensland and Toogoolawah Community Gym, McConnell Park, Toogoolawah, Queensland on behalf of the Somerset Regional Council.

 

 

WHAT TYPE OF MEMBERSHIP DO WE OFFER

 

We offer daily and weekly casual passes.  We also offer monthly, 3 monthly and six- monthly memberships.  There are cheaper options of membership via Direct Debit.  We offer special discounts for seniors and juniors.

 

MEETING OUR MINIMUM AGE

 

You must be at least 14 years old to become a member.

 

JOINING AGED 14–15 – 24 hours access not available 

 

A parent or guardian must sign your membership agreement and pre-exercise questionnaire. 

You can then:

 use cardiovascular equipment and core area

take part in group fitness classes using modified resistance

you may not do unsupervised resistance training or take part in group classes that use weights (including circuits and boxing type exercises).

 

JOINING AGED 16–17 – 24-hour access available with permission of management 

 

If you are 16 or 17, a parent or guardian must co-sign your agreement and pre-exercise questionnaire.
You may then do unsupervised resistance training once a qualified staff member has:
• assessed your pre-exercise questionnaire
• written and supervised an initial resistance training program for you and you must adhere to that program.  

 

WHEN DOES YOUR AGREEMENT START?

 

You have an agreement with us when you have joined and paid your fees. 

 

PAYING YOUR MEMBERSHIP FEE

 

This fee is listed in your membership price list. If you are undertaking direct debit, you will sign the Agreement stating all the details of your payment, date and banking/card details and the Terms and Conditions relating to Direct Debit.  

 

 

 

CAN YOU CHANGE YOUR MIND?

 

You can cancel your agreement within 7 days of joining and we will organise a refund for you.  On all 3 and 6-month membership there is a $25.00 administration fee that will be deducted from your refund.  On the 1-month membership there is a $12.50 administration fee.  If you cancel within 48 hours cooling period, you will receive a full refund. 

Direct Debit cancellation/suspension will require a 10-day notification in writing OR via speaking to Jayne McKenzie.  There is no cancellation fee with this.  

 

DISCLOSING YOUR HEALTH

 

On the day you join you will be asked to complete a medical and health screening questionnaire governed by AusActive (formerly Fitness Australia) and this will determine whether you are able to commence your membership immediately or whether we need further GP or specialist clearance.  You will be advised what needs to happen. 

• You need to update us with any new medical conditions / injuries (Doctors clearance maybe required)

 

COMPLAINTS PROCEDURE

 

You can obtain a copy of our Complaints Procedures either from the office or we can email/post one to you.  We ask that you initially speak to the staff member involved or Management.  We are contracted by Somerset Regional Council and if you feel that your complaint has not been resolved you can phone or email them.  You may at any time contact Somerset Regional Council if you do not wish to discuss the issue with centre management. 

 

YOUR PRIVACY RIGHTS

 

A Customer’s “personal information” (as that term is defined in the Privacy Act 1988) will only be used by the Centre or Clubfit (software and direct debit provider) to provide you with the services contemplated by the Direct Debit Request (DDR) and Contract or in accordance with your selection relating to the Privacy disclaimer on the front page of the Direct Debit Request (DDR) and Contract.  Clubfits’ Privacy Statement can be obtained from management at your request.  The Centre’s Privacy Statement can be obtained from the Centre.

Unless you indicate to the contrary, you agree that we may use your personal information for internal marketing purposes. We may use your personal information to develop marketing lists and other programs for internal use and reporting to Somerset Regional Council only so that we may offer you goods and services by mail, telephone, facsimile, email or SMS. If you do not want to be contacted in this manner, please notify your Centre or reply “STOP” to any email or SMS.

 

GYM SURVEILLANCE

 

Our Toogoolawah Community Gym facility is under constant camera surveillance for the protection of the facility and its members.  CCTV footage at our facilities is done so in accordance with relevant state legislation. Any footage taken is viewed only by Somerset Regional Council and Somerset Health and Fitness Pty Ltd for the purposes of monitoring our facilities and for the protection of our members. Both Somerset Regional Council and Somerset Health and Fitness Pty Ltd reserves the right to keep and use footage for legal proceedings relating to conduct inside/or surrounding the gym. We are also required by law to provide copies of requested CCTV footage to police and governing bodies providing it is requested by the appropriate bodies with required paperwork.

 

 

 

 

 

IMPORTANT NOTICE 

 

Our staff and contractors are not medically trained.  They are not qualified to assess if you are in good physical condition and can exercise without risking your health, safety or comfort.  If you have any doubts, we strongly urge you to seek expert advice before starting an exercise program.  When you join the Centre’s we take your health questionnaire very seriously for your own safety and well-being.  We may refuse you membership until you have been cleared by a GP or specialist to participate at the Centres.  

 

WAIVER

 

When you sign your membership form, you are signing to state: -

• I will not hold Somerset Health and Fitness Pty Ltd, management, volunteers or staff responsible for any injury, loss or damage suffered by myself and my guest that may occur whilst at the Centre.  I am fully aware that all types of exercise may incur injury, accidents or even death. 

 

Disclaimer is automatically signed on membership joining form

 

• I acknowledge that during physical activity, an accident may occur involving injury or damage.  In signing the membership form I indemnify Somerset Health and Fitness Pty Ltd and its Instructors, Coaches, staff, Somerset Regional Council and volunteers from all legal actions, injury claims, loss, damage, penalties, costs arising from my participation in this physical activity program.

 

MANAGING INFECTIONS AND ILLNESSES INCLUDING Covid-19

 

Please discuss this with us if you are unsure.

 

You must not use club facilities if:

• You have Covid-19, infection, contagious illness or physical ailment, such as an open cut or sore.  We ask that you follow all Qld Health rules, regulations and restrictions relating to Covid-19 control.

• There is any other risk, however small, to other members and guest.

 

HOW CAN YOU GIVE US FEEDBACK?

 

If you have any comments or questions about our clubs, website or service, we encourage your feedback. Your feedback is important in helping us to improve and provide a great Centre. 

If you have a complaint, please inform us in writing or verbal (which will be documented) the Centre’s Complaints Process will then be followed to produce an outcome.  You will be notified of the outcome.   The Centre’s Complaints Process,  is displayed on the wall at both Centres and also available in take home information sheet.

 

AT THE GYM

 

Our Centre staff are always happy to help with any enquiry you may have concerning the Centre and it’s programs and processes.  We have suggestion box at each Centre and we encourage you to leave positive and/or negative feedback so that improvements can be made to benefit all Centre users. You can either leave your name or remain anonymous. 

 

ONLINE

 

You can contact us via messenger on Facebook Kilcoy Indoor Sports and Toogoolawah Community Gym.  Or email MANAGER  jaynemckenzie@westnet.com.au  Alternatively, if you prefer face to face, please ask for an appointment to see Jayne McKenzie.

 

CODE OF CONDUCT AND GYM RULES – Displayed around the Centres and also at the sign-in point 

 

• Follow all rules relating to Covid-19 issued by Qld Health

• Wear closed in footwear unless yoga/Pilates

• Use towels on all the equipment

• Do not exercise under the influence of alcohol or drugs

• Wear appropriate clothing

• Replace your weights after use - do not leave on the floor unattended

• If something breaks, please tell us immediately

• Always be mindful and respectful of others

• Please ask for a program if you are unsure what to do

• Take care of yourself, others and the equipment

• NO CHILDREN IN TRAINING AREAS PLEASE or in the building during non-manned hours 

• Follow training/coaching instructions if given please

• Complete AusActive (formerly Fitness Australia) Medical Questionnaire

• NOTIFY US IMMEDIATELY IF YOU FEEL UNWELL OR DIZZY

• We ask that you do not engage in anti-social behaviour or gossip

 

MEMBERSHIPS AND ATTENDANCE WILL BE CANCELLED IF-

 

• You attempt to train under the influence of drugs and alcohol

• You act in an inappropriate manner to another person – lewd, harassing, bad language

• You are found to be using sport enhancing drugs

• You have continuing complaints against you (we will discuss and advised prior) – Due to privacy we cannot disclose who has complained against you but we can outline the nature of the complaint

• We discourage anti-social, racist and gossip behaviour

 

UNDERSTANDING OUR PRIVACY POLICY

 

During your membership, we will have access to personal information about you, such as about your health and financial situation.  We will only use, disclose or deal with your information in line with our privacy policy.

Your information is kept in a secure office at all times.  

Once our Contract with Somerset Regional Council finishes all your information will be securely shredded/stored in accordance to guidelines by ATO and Government. 

This Privacy Policy applies to the services offered by Somerset Health Fitness and Weight Loss and Somerset Health and Fitness Pty Ltd. 

 

STATEMENT OF COMMITMENT TO YOU

 

We are committed to protecting your privacy and any personal information we collect.  We comply with the Privacy Act 1988. This policy explains how we may collect, use, disclose and otherwise handle personal and sensitive information.  Should you feel we have ever breached your privacy please discuss with Manager immediately.  We use your data for our purpose only and this is not shared with anyone else other than staff of Somerset Health Fitness and Weight Loss and Somerset Health and Fitness Pty Ltd. 

 

ALLOWING US TO USE YOUR IMAGE

 

We sometimes take photo’s for social media, council reports and media release.  By joining the Centre’s you are allowing us to use these pictures.  With media release we will always gain your consent. 

 

INCIDENT RECORD KEEPING

 

Should you be unfortunate to have an injury at the Centres, we record all the details into our Incident Book for legal record keeping.  You will be asked to sign this.  Upon completion of our Contract this will be shredded in accordance with Government requirements.  

 

WHAT ELSE SHOULD YOU KNOW?

 

Transferring your outstanding membership

 

If you are unable to use your membership either through health issues or moving out of the area, we can transfer your remaining membership to another person.  This will incur a transfer fee of $12.50 for 1 to 3 months remaining and $25.00 for longer. 

 

Holding your membership

 

We can hold your membership if you are unable to attend the gym relating to health issues.  We may ask for evidence of a GP certificate.  We can hold your membership if you are working or holidaying away from the area, but this must be at least for a 2 week period.  We have the ability to hold memberships for such things as bereavement, so please discuss with us.  Direct Debit memberships can also be placed on hold but sometimes your payment may already be tracked to be paid and we cannot stop this without 10 days’ notice.  

Paying GST

 

All agreement fees include goods and services tax (GST). Your fees will change in line with any government GST rate changes, even if you are in your minimum term.

 

Private Health Rebate

 

We can issue you with a written receipt to submit to your Private Health Provider.   Most refund memberships but we cannot guarantee this.  

 

Bringing Guest

 

We can offer a free pass for people who live in Somerset Region for their first visit.   But if they are visiting you, they are required to pay the casual rate. 

 

Bringing small children to the Centre

 

Kilcoy Indoor Sport – There is a table and chair area they can sit and play near the canteen.   They are totally your responsibility and must follow the rules that are in place concerning children in the Centre.  They are not allowed to wonder through the building unsupervised and are DEFINITY NOT ALLOWED in the gym.  Children are allowed on the court during classes but must not interfere with class participants.  We have no objection to them playing in the netted court whilst you exercise on the gym equipment and please ask if they wish to use our soccer balls etc.

 

Toogoolawah Community Gym –Children may sit in the reception area or on the deck.  Children are NOT allowed into the gym and cardio room.  They may be with you in the exercise room during a supervised class but must not interfere with class participant’s, they cannot leave the room unless you are with them (ie. to go to the toilet) You must be with them when walking through the gym and cardio room.  All young children MUST be accompanied by an adult to the toilet please at both Centre’s.

 

Class attendance

 

Our class timetable changes every 3 months.  Some classes may be removed if they are not attended.  Instructors may also decide to not teach a class of less than 3 people.  

If you arrive late for class, we ask that you warm up prior to joining in but with Cycle Plus classes there is NO late entry once the class has started.

 

Meeting laws

 

Your joining is subject to Australian law and is governed by the State laws where your home club is located.  It is also subject to instruction given to us by Queensland Health, which can change daily.  We are governed by laws from Somerset Regional Council, Government laws, Fairwork, Work Cover, licensing laws such as registrations (AusActive, Australian Fitness, One Music, Zumba, Metafit and similar).