1. Parties, legally binding agreement
These terms, when read together with the Membership Sign-up Form (Sign-up Form) set out the terms and conditions relating to your gym membership at Southbound.
When we say ‘we’, ‘us’ or ‘Southbound’, we mean Southern Fitness Centre Pty Ltd ABN 53 086 961 695 trading as Southbound 24/7 Mega Gym. We may be contacted via the following methods:
Phone: 08 8387 3433
Address: 39 Lindsay Road, Lonsdale SA 5160
When we say ‘you’, ‘your’ or refer to the ‘Member’, we are referring to the individual with the contact details noted in the Sign-up Form. You must notify Southbound of changes to your contact information.
When we refer to ‘Paysmart’ we are referring to our Direct Debit billing agent, Paysmart Pty Ltd ACN 117 597 010. Paysmart may be contacted via the following methods:
Phone: 1800 801 797
Address: Level 15, 390 St Kilda Rd, Melbourne VIC 3004
When we say ‘Gym’ we mean the Southbound gym premises located at 39 Lindsay Road, Lonsdale SA 5160.
Acceptance by the Member of these terms will usually be by the Member submitting a Sign-up Form either on our website or in person at the Gym. The Member may also accept these terms by accessing the Gym having been provided with these terms and a 24/7 access key.
On acceptance by the Member, these Terms and the Sign-up Form together form a legally binding agreement between the Parties (Agreement).
To the extent there is any conflict between these terms and any terms and conditions specified within the Sign-up Form, the terms and conditions within the Sign-up Form take precedence.
This Agreement shall be in force when it is validly accepted as above, notwithstanding this may be before services and billing commence.
2. Term and grant of membership
The initial term of this Agreement commences on the date of Acceptance (Start Date) and ends on the last day of the membership term selected in the Sign-up Form (End Date).
Southbound offers membership terms either on:
- a monthly basis (1, 3, 6 or 12 months);
- a visit basis (1, 10 or 20 visits);
- Minimum term (12 month) direct debit which rolls over to fortnight-by-fortnight after minimum term unless fixed term is specified
- fortnight-by-fortnight ‘No contract’ basis, which continues until cancelled with 2 weeks’ notice; or
- special promotion basis.
This Agreement on a time or visit-based term may be renewed for further terms where the Member submits a renewal order form (Renewal Form).
The Parties may continue this Agreement after the End Date or conclusion of a renewed term on a fortnight-by-fortnight basis until cancelled by 2 weeks’ notice (Holding-over period).
The full term of this Agreement runs from the Start Date until terminated by at least 2 weeks’ notice effective at the later of the End Date, the conclusion of any renewed term or throughout the Holding-over period (Term).
For the Term, membership is offered to the Member, providing access to the Gym (during staffed hours or anytime where eligible for a 24/7 access key), and the Gym facilities and services. The membership is subject to the Member complying with these terms and Southbound’s facility and equipment instructions, Gym policies and rules, as updated from to-to-time, along with all reasonable instructions from Southbound’s staff and representatives.
3. Fees and payment
The membership fees that apply to you will be set out in the Sign-up Form or Renewal Form (as applicable). A joining fee may apply to new memberships. Additional fees apply for the issue of a 24/7 access key to eligible Members. Additional fees also apply for additional consultation services and special programs, which you may sign-up for.
Membership fees and additional fees are payable upfront unless a direct debit arrangement is entered into with Paysmart. Southbound only offers direct debit arrangements for memberships with a minimum term of 12 months or on a fortnight-by-fortnight basis. Southbound, at its discretion, may extend direct debit arrangements to other membership or fee types.
Direct debit arrangements are subject to the Member completing a direct debit authority for Paysmart to deduct fee payments on a fortnightly basis and agreeing to Paysmart’s direct debit terms (a copy is annexed or can be requested from Paysmart). Paysmart charges administration fees and may charge late fees for any defaulted payments.
If you withdraw your authority or your direct debit with Paysmart is cancelled for any reason, your unpaid membership fees for the Term become immediately due and payable.
Where your Term is on a fortnight-by-fortnight basis or in a Holding-over period, Southbound may cancel your membership on 2 weeks’ notice and fees not paid up to the cancellation date become immediately due and payable.
You are responsible for ensuring you have sufficient funds available and have kept all contact information and payment details up to date, with both Southbound and Paysmart.
Excessive defaults on your payments with Paysmart or overdue fees being owed to us may result in your membership being suspended or cancelled.
Paysmart may carry out suspension, cancellation, enforcement, or debt collection services on our behalf.
4. Facilities and services provided by Southbound
Southbound maintains the Gym and facilities and provides reception staffing, fitness classes and equipment maintenance and cleaning.
The gym is staffed between 8 am to 9 pm Monday to Thursday, 8 am to 7 pm Fridays and 9 am to 12 pm on Saturdays. This schedule may change with reasonable notice.
Fitness classes are offered on a class roster with limited class places (bookings may be required). The class roster is subject to fitness instructor availability and is subject to change.
Southbound also offers additional consultation services and special programs (such as personal training, nutrition consults, specialised classes, or massage) from time to time for additional fees.
5. Eligibility for membership
Members must be over 18 years of age, must be in a reasonable state of health to safely exercise and must agree to be subject to Southbound’s rules and policies. Southbound may request proof of age or a copy of written clearance from a medical professional stating that you are fit to carry out gym exercise.
Southbound may permit minors between 14 to 17 years of age to attend as a ‘Junior Member’, where their parent or guardian provides signed consent. A Junior Member may only attend the Gym during staffed hours and may be restricted to group classes and specific areas of the Gym.
Southbound may permit children under the age of 14 years to participate in specific programs developed for minors with signed consent from their parent or guardian.
6. Conditions of entry
For security purposes, Southbound requires that each Member has a photograph attached to their account and access pass.
Each Member must use their access pass to sign in or manually sign in at reception (manual sign-in is only available during staffed hours). Any guests or casual visitors must only be permitted entry during staffed hours and must sign-in at reception.
Suitable workout clothing must be worn (singlet or t-shirt, shorts or workout pants). Fully enclosed sports shoes must be worn (no work boots, thongs or high heels).
A clean towel must be used during workouts. Subject to availability, a towel may be purchased at reception during staffed hours.
Members must be respectful of staff and other members and work in with them.
Equipment must be treated respectfully. Any moveable equipment must be put away after use and weights returned to racks. Equipment should be unloaded and wiped down after use.
Attendance under the influence of drugs or alcohol is not permitted and abusive or threatening language or behaviour will not be tolerated, and you may be refused access or removed from the Gym if acting in this manner or you appear to be under the influence of drugs or alcohol.
Members must not film or photograph other members without their permission.
Members must not conduct personal training sessions without authorisation.
You acknowledge that CCTV cameras are installed for security, safety and crime prevention, and consent to be filmed for this purpose.
7. Eligibility for 24/7 access
To be eligible for 24/7 access, a Member must be over 18 years of age and agree to be subject to the 24/7 access rules and policies. Southbound may require that you attend an orientation training session before granting 24/7 access.
Members must comply with all usual conditions of entry.
24/7 access is only available with a 24/7 access pass. You must take care to close the entrance and exit gate on the northern side of the building. You must not allow other persons to enter with you or a tailgating fine may apply.
Equipment must not be moved or taken outside during unstaffed hours.
8. Obligations and acknowledgement of risk and injury
You acknowledge that gym exercise and use of the Gym facilities may pose a risk to your health and safety.
You also acknowledge that while Southbound has policies and procedures in place to assist with security and safety, there are risks in attending and using the Gym facilities and equipment that are outside Southbound’s control and Southbound does not guarantee there will not be risks present, particularly so where a member attends outside of staffing hours.
You use the Gym facilities and equipment at your own risk and must exercise reasonable precautions to ensure your own health and safety.
You must only use the Gym facilities and equipment if you are in reasonable health and medically sound to undertake a normal course of exercise. You may request to suspend your membership if you are unwell, injured or have medical conditions which will impact your ability to safely exercise at the Gym.
You must only use facilities and equipment you are familiar with and in the correct manner. You should use any equipment safety devices available. If you do not know how to use equipment you may seek assistance from a staff member during staffed hours.
You must inspect equipment before using it to ensure that it appears to be in reasonable working order and ensuring the equipment is set at an appropriate load or setting for your level of fitness.
You must report any damaged or faulty equipment to staff.
You must follow all reasonable directions and instructions from Southbound or its staff about the use of equipment.
9. Lost property
You are responsible for the care and safety of your own property. Personal items left behind at the Gym will be collected daily and kept for two weeks at reception before being donated to charity.
Southbound agrees to comply with its obligations under the Privacy Act 1998 (Cth) and with the Australian Privacy Principles (APPs) with respect to any personal information collected.
Southbound uses a Member’s personal information to provide the membership and gym services contemplated under this agreement.
You understand, agree and consent to the collection, use and disclosure of, and your obligations regarding Personal Information under that policy.
From time to time, we may take photographs or videos in the Gym for marketing purposes, which you may appear in, you give permission to Southbound permission to use those images.
To the full extent permitted by law, Southbound excludes all liability in respect of personal injury, loss or damage of property or any consequential or incidental damages:
- for negligence or other non-contractual cause of action for acts or omissions of Southbound or its employees, agents and contractors;
- for third-party claims;
- arising out of events that are beyond Southbound’s reasonable knowledge or control, including where a Member takes extraordinary risks in their use of the facilities or equipment;
- to the extent the Member contributed to the liability, including by breaching a term of this Agreement or not following policies, rules or reasonable instructions.
11. Suspension of membership by Member
In the event of a period of absence due to a holiday or illness, memberships may be placed on a period of suspension from two weeks up to 12 weeks in any calendar year.
A suspension form can be completed at reception together with an administration fee. A suspension form must be completed before the suspension is taken. No retrospective applications will be accepted. All payments must be up to date to qualify for suspension.
12. Transfer of membership
A Member may only transfer membership to another person with Southbound’s agreement, which may be subject to conditions, including an administrative fee.
13. Suspension of membership by Southbound
In the event of a temporary shutdown ordered by a Government body, all memberships will be automatically frozen and resumed once the closure order is removed. The period of closure does not count as part of the minimum term.
Southbound may, at its discretion, suspend a membership by written notice where any payments are in arrears or the Member is in breach of this Agreement. A Member will not be entitled to access the Gym during a period of suspension. Memberships may be placed on a period of suspension until the payment arrears or breach is rectified or up to 2 weeks. If the arrears or breach is not rectified within 2 weeks, Southbound may cancel the Membership and any unpaid fees for the Term will become immediately due and payable.
14. Cancellation of membership
Southbound may cancel a membership by written notice where any payments are in arrears or the Member is in breach of this Agreement, and any unpaid fees for the Term will become immediately due and payable.
A Member may only cancel a membership:
- after the End Date for the Term;
- if all fees for the Term are paid in full; or
- for Direct Debit memberships, with two weeks’ written notice after minimum term is completed and payments are up to date, and for those on a fortnight-by-fortnight or Holding-over basis.
Southbound may allow an in term membership to be cancelled early if there are extenuating circumstances for the Member requesting to cancel the membership (such as medical reasons, financial hardship or moving away from the Gym).
Southbound may request evidence of the reasons for cancellation.
Southbound may, at its discretion, reduce the remaining fees to an early exit fee amount of $295.