TERMS & CONDITIONS | RUSH FITNESS CLUB

GENERAL TERMS AND CONDITIONS

1. Membership Age Requirements:

(a) All members must be at least 14 years of age to join.

(b) Minors under 18 must visit the club in person to obtain a membership, and a parent or legal guardian must sign a consent form.

(d) Members aged 14-15 must be accompanied by someone aged 18+ unless attending during staffed hours, when they may access the gym on their own.

2. Members must scan their access tag every visit to gain entry to the gym. Sharing of access tags is strictly prohibited.

3. Members are not permitted to bring non-members into the gym. Allowing non-members to enter the gym without proper authorisation will result in a $100 fine. All fines must be paid within 7 days of the notice being issued. Failure to pay may result in suspension or termination of membership.

4. Members must use equipment in a safe and appropriate manner. They are responsible for any damage caused by misuse and for returning equipment to its proper place after use.

5. A towel is required when training.

6. Members must wipe down equipment after use and dispose of trash in designated areas.

7. Appropriate gym attire, including closed-toe athletic shoes, must be worn at all times.

8. Members should have medical clearance before engaging in any fitness activities. Rush Fitness Club is not responsible for any health issues that arise from using the facilities.

9. Any injuries sustained on the premises must be reported to gym staff immediately.

10. A Pre-Exercise Health Screening must be completed prior to any classes, sauna sessions, or personal training sessions.

11. Members must conduct themselves in a respectful and non-disruptive manner. Harassment, abuse, or inappropriate behaviour will not be tolerated and may result in termination of membership.

12. The use of alcohol, drugs, or any other controlled substances on the premises is strictly prohibited.

13. Rush Fitness Club reserves the right to terminate a membership at any time for violation of these terms and conditions.

14. Rush Fitness Club reserves the right to amend these terms and conditions at any time.

UPFRONT MEMBERSHIP - TERMS AND CONDITIONS

Age Requirement

All members must be a minimum of 14 years of age to join.

Members under 18 years must have a parent or legal guardian attend the Club to complete and sign the required Parent/Guardian Consent Form before any gym access is granted or activated.

1. Membership Duration: All upfront memberships are for the fixed duration. The membership duration begins on the date of purchase and cannot be paused or extended.

2. Payment: Full payment for the membership must be made at the time of purchase. Upfront membership fees are non-refundable, except in cases outlined in the refund policy below.

3. Refund Policy: Refunds are not available for upfront memberships. Exceptions may be made in cases of serious illness or injury or other special circumstances at the gym’s discretion. Proof may be required to support a refund request.

4. Transfer of Membership: Upfront memberships are non-transferable and can only be used by the person whose name appears on the membership agreement.

5. Suspension and Termination: The gym reserves the right to suspend or terminate a membership without notice if the member violates gym rules, engages in inappropriate behaviour, or fails to comply with these terms and conditions.

6. Changes to Terms and Conditions: The gym reserves the right to modify these terms and conditions at any time. Members will be notified of any changes in advance, and continued use of the gym facilities will constitute acceptance of the revised terms.

FLEXI DIRECT DEBIT - TERMS AND CONDITIONS

Age Requirement

All members must be a minimum of 14 years of age to join.

Members under 18 years must have a parent or legal guardian attend the Club to complete and sign the required Parent/Guardian Consent Form before any gym access is granted or activated.

1. Membership Details

The Flexi Direct Debit Membership is priced at $29.95 per week.
This membership provides access to the gym during staffed and 24/7 access hours (where applicable), and includes participation in standard group fitness classes offered by RUSH FITNESS CLUB, subject to availability, booking requirements, and Club rules.

2. Minimum Commitment Period

There is a minimum commitment period of 4 weeks from the date of the first direct debit payment.
During this minimum period, cancellation is not permitted.

3. Cancellation Policy

Members may cancel their Flexi Direct Debit membership at any time after the minimum period by providing 28 days written notice via email to info@rushfitnessclub.com.
Membership fees will continue to be debited during the 28-day notice period following receipt of the cancellation request.
Members retain access to the gym throughout the notice period.
Fees paid during the notice period are non-refundable.
Cancellation is effective once confirmed in writing by the Club.

4. Payment Terms

Membership fees will be automatically debited weekly from your nominated bank account or credit card via the Club’s nominated payment provider.
It is your responsibility to ensure sufficient funds are available.

Failed Payments

If a payment fails, you will be notified and have three (3) days to rectify the payment.
If unresolved, a $10 failed payment fee will be added.
If three (3) consecutive payments fail, your membership may be suspended and the outstanding balance may be referred for recovery.
The Member agrees to pay any reasonable costs incurred by RUSH FITNESS CLUB in recovering overdue amounts, where permitted by law.
Nothing in these Terms excludes any rights or remedies available under Australian Consumer Law that cannot legally be excluded.

5. Suspension Policy

Memberships may be suspended for a minimum of 2 weeks and a maximum of 4 weeks within a 12-month period.
Suspension requests must be made in writing via email at least 7 days prior to the requested suspension start date.

6. Changes to Membership Terms

RUSH FITNESS CLUB may vary membership pricing, benefits, or these Terms with 30 days’ notice, provided via email or in-club communication.

7. Refunds

No refunds will be provided for unused portions of the membership period.

8. Access Tags

Members must scan their access tag on every entry.
Lost or damaged tags may be replaced for $25.

9. Gym Rules and Conduct

All members must comply with Club rules and behave respectfully.
RUSH FITNESS CLUB reserves the right to suspend or terminate membership for misconduct or breaches of policy.

Governing Law

These Terms are governed by the laws of New South Wales, Australia.

12 MONTH DIRECT DEBIT – TERMS AND CONDITIONS

Age Requirement

All members must be a minimum of 14 years of age to join.

Members under 18 years must have a parent or legal guardian attend the Club to complete and sign the required Parent/Guardian Consent Form before any gym access is granted or activated.

1. Membership Details

The 12-Month Direct Debit Membership is priced at $19.95 per week.
This membership provides access to the gym during staffed and 24/7 access hours (where applicable), and includes participation in standard group fitness classes offered by RUSH FITNESS CLUB, subject to availability, booking requirements, and Club rules.

2. Membership Term and Auto-Renewal

This membership requires a minimum commitment period of 12 months (52 weeks) from the date of the first direct debit payment.
At the end of the 52-week term, your membership will automatically roll over onto a weekly ongoing arrangement unless cancelled in accordance with these Terms.

3. Payment Terms

Membership fees will be automatically debited weekly from your nominated bank account or credit card via the Club’s nominated payment provider.
It is your responsibility to ensure sufficient funds are available.

Failed Payments

If a payment fails, you will be notified and have three (3) days to rectify the payment.
If unresolved, a $10 failed payment fee will be added.
If three (3) consecutive payments fail, your membership may be suspended and the outstanding balance may be referred for recovery.

The Member agrees to pay any reasonable costs incurred by RUSH FITNESS CLUB in recovering overdue amounts, where permitted by law.

Nothing in these Terms excludes any rights or remedies available under Australian Consumer Law that cannot legally be excluded.

4. Cancellation Policy

a. Early Cancellation (During Minimum Term)

If you cancel before completing the 12-month commitment period, an early cancellation fee will apply.
The fee is 50% of the remaining contract value.
This represents a genuine pre-estimate of costs and losses incurred by the Club.

A 28-day written notice period is required for all cancellations.

Membership will end at the conclusion of the notice period, and fees remain payable during this time.

b. Cancellation After Minimum Term

Once the 12-month term is complete, you may cancel at any time without penalty.
A 28-day notice period still applies.

All cancellations must be submitted in writing via email to:

info@rushfitnessclub.com

Cancellation is effective once confirmed in writing by the Club.

5. Suspension Policy

Memberships may be suspended for a minimum of 2 weeks and a maximum of 4 weeks during the 12-month term.
Suspension requests must be made in writing at least 7 days prior to the requested start date.

6. Changes to Membership Terms

RUSH FITNESS CLUB may vary membership pricing, benefits, or these Terms with 30 days’ notice, provided via email or in-club communication.

7. Refunds

No refunds will be provided for unused portions of the membership, except in proven medical circumstances at management discretion.

8. Access Tags

Members must scan their access tag on every entry.
Lost or damaged tags may be replaced for $25.

9. Gym Rules and Conduct

All members must comply with Club rules and behave respectfully. RUSH FITNESS CLUB reserves the right to suspend or terminate membership for misconduct or breaches of policy.

Governing Law

These Terms are governed by the laws of New South Wales, Australia.

FITNESS PASSPORT - TERMS AND CONDITIONS

Age Requirement

All members must be a minimum of 14 years of age to join.

Members under 18 years must have a parent or legal guardian attend the Club to complete and sign the required Parent/Guardian Consent Form before any gym access is granted or activated.

1. Access Tags for Permanent Residents

- All permanent residents are required to purchase an access tag at a cost of $25. This tag must be scanned on every visit to the gym, even if the door is open and the facility is staffed. Failure to scan the access tag may result in access restrictions.

2. Access for Holiday Members

- Holiday members have the option to purchase an access tag if they wish to use the gym outside of staffed hours (24/7 access).

- Alternatively, holiday members may use the gym during staffed hours by scanning a QR code available at the entrance. Holiday members without an access tag are strictly limited to using the gym only during staffed hours.

3. Membership Expiration and Renewal

- Fitness Passport memberships are set to expire every 12 months in our system to ensure that all Fitness Passport accounts are current and valid.

- If your access tag does not allow entry, it is typically due to the expiration of your membership. To renew your membership for another 12 months, please contact us via email or visit our reception during staffed hours to update your details.

We reserve the right to modify these terms and conditions at any time. Members will be notified of any changes via email or at the gym reception.

PERSONAL TRAINING - TERMS AND CONDITIONS

1. Booking and Payment: Personal training sessions must be booked in advance and paid in full at the time of booking. Packages for multiple sessions must be paid upfront.

2. Cancellation and Rescheduling: Cancellations or rescheduling of personal training sessions must be made at least 24 hours in advance. Sessions cancelled with less than 24 hours notice may be charged in full. The gym reserves the right to reschedule sessions due to trainer availability or unforeseen circumstances.

3. Refund Policy: Refunds for personal training sessions or packages are not available. Exceptions may be made in cases of serious illness or injury or other special circumstances at the gym's discretion.

4. Session Expiry: Purchased personal training sessions or packages must be used within the specified period from the date of purchase. Unused sessions will expire and are non-refundable.

5. Medical Clearance: Members must provide medical clearance if they have any health conditions that may affect their ability to participate in personal training sessions. Members assume full responsibility for their participation.

6. Late Arrival: Members arriving late for a personal training session will receive the remaining time of the session only, and the session will still end at the scheduled time.

FITNESS CLASSES - TERMS AND CONDITIONS

1. Class Booking: Fitness classes must be booked in advance, either online, via the MINDBODY app or at the front desk. Walk-ins are allowed only if space is available.

2. Cancellation Policy: Members must cancel their class booking at least 12 hours in advance. A penalty fee may be charged for no-shows or late cancellations.

3. Class Availability: Classes are subject to availability and may be cancelled or rescheduled by the gym due to low enrollment, instructor availability, or other reasons. In such cases, members will be notified as soon as possible.

4. Class Etiquette: Members are expected to arrive on time, follow the instructor's guidelines, and respect other participants. Disruptive behaviour may result in removal from the class or suspension of gym privileges.

5. Pre-Exercise Health Screening: Members must complete a Pre-Exercise Health Screening form and get a clearance from a certified health professional if necessary before participating in any fitness classes. Members must inform the instructor of any medical conditions, injuries, or limitations before starting the class. Participation in fitness classes is at the member's own risk.

INFRARED SAUNA – TERMS AND CONDITIONS

1. Access and Usage: Sauna access is available during staffed hours for a separate fee. Use of the sauna is subject to availability and may be limited to certain times.

2. Pre-Exercise Health Screening: A Pre-Exercise Health Screening form must be completed before using the sauna. Patrons should consult a doctor before using the sauna, especially if they have pre-existing health conditions such as heart disease, high blood pressure, or respiratory issues. Patrons use the sauna at their own risk.

3. Conduct: Patrons must follow all sauna rules, including showering before use, wearing appropriate attire (e.g., swimwear or towels), and maintaining a respectful and quiet environment. Misconduct may result in loss of sauna privileges.

4. Duration Limits: Sauna sessions are typically limited to a maximum of 50 minutes. Patrons are encouraged to rest and hydrate after use.

5. Age Restrictions: Children under the age of 16 are not permitted to use the sauna without adult supervision. The gym reserves the right to refuse access to minors.

6. Cleanliness: Members are required to sit on towels and clean up after themselves to maintain hygiene in the sauna area. Any spills or issues should be reported to staff immediately.

7. Liability Waiver: The gym is not responsible for any injury, health issue, or loss arising from the use of the sauna. Patrons agree to use the facility at their own risk.

1. Introduction

We are committed to protecting your privacy and ensuring a safe online experience. This Privacy Policy outlines how we collect, use, and safeguard your personal information.

2. Information We Collect

We may collect the following types of personal information:

• Personal Identification Information: Name, contact details, date of birth, and address.
• Payment Information: Credit card details and billing information.
• Health and Fitness Information: Fitness goals, medical history, and health screenings.
• Usage Data: Information on how you use our services, including website and app usage.

3. How We Use Your Information

We use your information for the following purposes:

• To process and manage your membership and payments.
• To provide and improve our fitness services and programs.
• To communicate with you about your membership, promotions, and updates.
• To ensure safety and compliance within our facilities.
• To respond to your inquiries and feedback.

4. How We Share Your Information

We do not sell or rent your personal information. We may share your information with:

• Service Providers: Third-party vendors who assist us in operating our services, such as payment processors.
• Legal Requirements: If required by law, regulation, or legal process, we may disclose your information to comply with legal obligations.

5. Data Security

We implement reasonable security measures to protect your personal information from unauthorised access, alteration, or disclosure. However, no method of transmission over the internet or electronic storage is 100% secure.

6. Your Rights

You have the following rights regarding your personal information:

• Access: Request a copy of your personal data.
• Correction: Request correction of any inaccurate or incomplete information.
• Deletion: Request deletion of your personal data, subject to legal and contractual obligations.
• Opt-Out: Opt-out of receiving promotional communications from us.

7. Changes to This Policy

We may update this Privacy Policy from time to time. Any changes will be posted on our website with an updated effective date. Your continued use of our services constitutes acceptance of the updated policy.

8. Contact Us

If you have any questions or concerns about this Privacy Policy or our data practices, please contact us.