Terms & Conditions of Membership
I understand that management reserves the right to amend the hours of operation, services offered, fees & charges, and membership terms and conditions in accordance with the changing requirements of the centre. Any amendments made can be found on the Port Douglas Gym website. I agree to honour and abide by any amendments made.
I understand that appropriate clothing must be worn at all times within the centre. I understand that appropriate clothing includes a pair of closed in sneaker type shoes, and that thongs and open toed sandals are not permitted in the workout areas. I understand clothing coverage should be adequate, so as not to offend other members and staff. I understand that a towel is a compulsory requirement of entry to the centre. You must have a towel with you at all times while training.
I understand the equipment is not to be modified in any way. I understand members are required to wipe down all equipment and machines after use with the disinfectant spray/wipes provided, and to replace/put back all weights and equipment following use. I understand I will be held responsible and will be liable for any costs arising from any damage caused by myself, or any guest I bring to the premises to any Port Douglas Gym property.
I understand I may comply with staff recommendations and instructions regarding safe exercise performance and machine or equipment time limitations. I understand I am required to be courteous to all other members and staff. I understand that no smoking, alcohol, drug use is permitted within the boundaries of Port Douglas Gym.
I understand that bullying, harassment, aggression, violence or harm of any kind towards staff, other members, suppliers, or guests can result in immediate termination of membership with no refund.
I understand that vandalism, intentional damage, disobeying staff rules or instructions, and/or any misuse of the facility, equipment, and/or machines can result in immediate termination of membership with no refund.
I understand that allowing non-members, lapsed members, or suspended members into the gym outside of staffed hours will result in a termination of membership with no refund.
I understand that any complaints or concerns must be reported to staff during staffed hours or via email. They will then be reviewed by management.
I understand that failure to abide by the rules and regulations/terms and conditions/staff instructions can result in a termination of membership with no refund.
I understand the option for membership or membership renewal is at management’s discretion.
I understand I may be expelled from the club for violation of any of the terms and conditions of membership, for conduct deemed detrimental to the welfare of other members or staff, or for conduct deemed detrimental to the welfare, good order and character of Port Douglas Gym.
Weekly Direct Debit Memberships: Weekly direct debit memberships cannot be cancelled or put on hold for the first 3 months. After this period members can cancel or put their membership on hold by request with staff in writing. It is the members responsibility to contact staff to request their membership be put on hold or cancelled. This request can be made via email or text to the gym’s phone number. Requests cannot be backdated and no refunds will be given. If the membership must be cancelled prior to the initial 3 month period from sign up, the member will be required to pay the memberships monetary amount equal to the day of cancellation until the end of the 3 month period as a lump sum cancellation fee.
Prepaid Monthly Memberships and 7 Visit Passes are nonrefundable and nontransferable.
Access Card: A $20 fee for the access card is required at sign up for all prepaid monthly memberships and weekly direct debit memberships. If your access card is lost or damaged and no longer works you will have to pay $20 for a replacement and you will not be allowed to use the gym until you have a new access card. All members are required to scan their access card before using the gym. You cannot use another member’s access card.
Temporary Closure: In the event that the gym must temporarily close, for reasons such as damage caused by a natural disaster or a temporary closure due to a pandemic, all memberships (both weekly direct debit and pre-paid monthly memberships) will be placed on hold – no memberships will be refunded. Memberships will only be on hold for the duration of the temporary closure. All memberships will automatically be taken off hold once the gym is able to reopen. It is the member’s responsibility to find out when the gym will reopen. This information will be posted on our website and social media pages. Members can also call or email the gym for updates.
Cooling Off Period: The cooling off period is the same day as sign up. A 10% admin fee may be deducted from your refund during the cooling off period. After the day of sign up, 7 Visit Passes and Pre-Paid Monthly Memberships are nonrefundable. After the day of sign up, Weekly Direct Debit Memberships can only be put on hold or cancelled after a 3 month period. For all memberships, if members use the gym the same day as sign up/purchase, the cooling off period is null and void. There is no cooling off period for casual visits. All casual visits are final sale and nonrefundable.
Video/Photography: The gym is under 24/7 video surveillance. Staff occasionally take photos and videos of the gym for the website and social media purposes. By signing the membership agreement or casual waiver you acknowledge that there is the possibility that you may be seen in the background of these images and therefore give your permission to be included on our website, advertising, and/or social media.
Ongoing Membership Agreement: If a member/client wishes to renew or change their membership type they must inform staff. All members renewing or changing their membership type will automatically go into an ‘ongoing agreement’ as per the original signed membership agreement, with all rules and regulations/terms and conditions continuing.
Long Term Illness, Injury or Physical Incapacity: Prepaid Monthly Memberships and Weekly Direct Debit memberships still in the initial 3 month period can be put on hold in the event that the member develops a long term illness or injury resulting in physical incapacity for an extended period of time and the member has been advised by a doctor to cease physical activity in the gym. The member will be required to provide us with a doctor’s note. If the member wishes to cancel their membership completely, they will need to discuss this with management directly, as they may or may not be eligible for a refund.
Money Outstanding / No Account Details: If any amount payable for your membership is not paid on the due date, access to the club will be suspended until such time as payments are up to date.
Risk Warning: It is your responsibility to ensure that you correctly operate or use any facilities and/or equipment provided by the club, including the adjustment of levels or settings on the equipment. If you are in any doubt as to how to correctly operate any equipment you should consult a member of staff before use.
Responsibility for Damage: You are responsible for any damage which you or your guest may cause to the club facilities, if such damage is caused by your wilful act or negligence.
Your Physical Condition: You warrant and represent in the date of the contract and repeat such warranty and representation each time you use our facilities, that you are in good physical condition and that you know of no medical or other reason why you are not capable of engaging in active or passive exercise and that such exercise would not be detrimental to your health, safety, comfort or physical condition. Port Douglas Gym staff and any contractors are not medically trained and are therefore not qualified to assess whether you or your guest are in good physical condition and/or that you or your guest can engage in active or passive exercise. You shall not use any of our facilities whilst feeling sick or unwell, whilst suffering from any infection or contagious illness, disease or ailment or whilst suffering from any physical ailment such as open cuts or sores or minor infections where there is risk, however small, to other members, guests or staff.
Privacy Statement and Acknowledgement: In the course of establishing a Contract with you and during the term of the Contract, we will obtain access to certain sections of you personal information (such information concerning your health and your financial position). Port Douglas Gym will only use, disclose or deal with such information in accordance with our Privacy Policy. All personal details/information that you have provided as per your membership agreement will remain confidential.
Limitation or Liability: In consideration of the grant of membership to you, entitling you to engage in fitness activities at our fitness facility, you hereby release and forever discharge us from actions, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs, and expenses, however arising that you may have had but for this release arising from or in connection with your involvement in fitness activities of the Company (PD Gym Pty Ltd) or being on club premises; and indemnify the Company (PD Gym Pty Ltd) and its staff to the extent permitted by law with respect to these arising as a result of or in connection with your involvement in fitness activities of the Company (PD Gym Pty Ltd) or being on the facility’s premises and whether caused or contributed to, directly or indirectly, by any act of negligence other than gross negligence to the fullest extent permitted by law, breach of duty, default and/or omission on the part of the Company (PD Gym Pty Ltd) otherwise.
Waiver and Release Acknowledgement: In consideration of the grant of membership to you, entitling you to engage in fitness activity at our facility, you hereby acknowledge and agree to the following - As physical exercise can be strenuous and subject to risk, upon signing up, this Facility recommends you to obtain a Physical examination before your participation. YOU (each member, guest, or participate) agree that if engaging in any physical exercise/activity on these premises or off premises at a sponsored club event, you do so entirely at your own risk. This includes without limitations your use of the car park, side walk area, bathroom, class, PT program and any equipment in the clubs facility. YOU agree that you are voluntarily participating in these activities along with the use of these facilities and assume all risks of injury, illness, damage or loss/theft of any personal property. You expressly agree to release and discharge PORT DOUGLAS GYM (PD GYM PTY LTD), and all affiliates, employees, agents, representatives and successors from any and all claims and causes of action. This waiver and release of liability includes without limitation, ALL injuries to you which may occur as a result of (a) your use of any exercise equipment, products and club amenities, (b) the sudden and unforeseen malfunctioning of any equipment, (c) our instruction or supervision, (d) your slipping and or falling whilst in the facility and surrounding which includes sidewalks and car park regardless of negligence, (e) any injury caused by yourself or another member. You understand and agree to a release of liability for PORT DOUGLAS GYM (PD GYM PTY LTD) and any staff of any LEGAL action for personal injury or property damage/loss.
COVID19 Safe and Acknowledgement: I acknowledge that a possible risk to COVID19 exists in any public place where people are present. Hand sanitiser and hand soap are provided, disinfectant spray/wipes are provided, and the facility is regularly cleaned by staff. All members or guests are required to sign in or scan their access card before training, train with a towel, wipe down all machines and equipment with disinfectant spray/wipes (provided) after use, and practice social distancing of 1.5 metres at all times. You are not to enter the gym or train if you have been in contact with someone who has COVID19 syptoms/tested positive for COVID19, or if you yourself have tested positive to COVID19 or you are feeling unwell, have a fever, cough, runny nose, sore throat, shortness of breath, loss of sense of smell or taste, or any other symptoms associated with COVID19 or the flu. By signing our waiver form or membership agreement, you agree to abide by these requirements and voluntarily assume all risks related to exposure to COVID19. Please talk to staff about our COVID Safe Plan or any COVID19 related concerns that you may have.