Base Membership Terms & Conditions
PARTIES
This Contract is entered into on,
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{sign_date}
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by and between Base Attak ('we'/'us'/'our'/ ‘club’),
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located at 496A - 498A Lygon St, Brunswick East 3057
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and
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{name}
(‘you’/‘member’),
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{address}
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1. Introduction
By signing this agreement, you acknowledge and agree that:
- You have read and understood these Terms and Conditions before signing.
- You received a copy of this Agreement and agreed to meet your obligations as stated.
- You are medically fit to engage in a normal course of exercise. You are aware and accept that exercise is physically demanding and participation in some activities offered by Base Attak may pose health risks, understanding that participation is at your sole risk and responsibility.
- You authorize any third-party payment provider, as nominated by Base Attak, to direct debit your account/credit card for instalments or fees due under the terms of the Direct Debit Request and Services Agreement.
- You may begin using your membership entitlements from the date specified in your membership agreement. If you choose to cancel, you may do so within the cooling-off period as per our cancellation policy.
- We reserve the right to change these terms with at least 14 days’ notice, except in cases of legal or safety requirements where shorter notice may apply. You can cancel without penalty if you do not agree with changes, as per our cancellation policy.
- You have read and understood the Sound pollution and Noise Control clause.
Any amendments to this agreement must be in writing and agreed by both parties. Contact us at baseattak@hey.com for any inquiries.
2. Queries
For all service-related queries, contact the Manager via the contact details on our website. Direct debit billing queries should also be directed to the Manager. Please note, any contractual relationship with the third-party payment provider is separate from this Agreement.
3. Membership Types and Fees
We offer the following memberships:
Payment Methods: Weekly or fortnightly.
Joining Fee: None.
Total Fee:
Membership agreements are set as ongoing weekly memberships (unless otherwise stated on your agreement) and upon payment you are entitled to 1 week use of the club (unless payment method is fortnightly, then you are entitled to 2 weeks of use of the club).
Processing Fees:
All direct debits are handled by our third-party direct debtor Stripe via Gymdesk.
Payment card fees: 2%
Bank debit fees: No fee
4. Membership Use
All memberships are strictly for personal use only. Using them for commercial purposes is strictly prohibited and may result in termination. We are not liable for any loss of profit, business, business interruption, or business opportunity.
If you are interested in a business partnership (e.g., partnership, promoting your business on our socials), please contact the Manager through the Contact Us page on our website. Any commercial agreements between you and us will be governed by separate business terms and conditions, not these consumer Terms and Conditions.
5. Personal Information
We handle your data per our Privacy Policy. This can be found on the website www.baseattak.com.au or via email.
6. Applying for Membership
Memberships are by invitation only. Upon receiving an invite, follow the link in the invitation to our website or alternatively navigate to the registration page via our homepage. You must provide complete and accurate information and notify us immediately of any changes.
Membership approval is at our discretion. We reserve the right to reject any application for any reason whatsoever without providing reasons. Memberships will be confirmed via email.
When applying for a membership, you will be asked to provide certain information:
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full name
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your email
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contact number
We handle your data per our Privacy Policy, which is provided to you when you become a Base Attak member.
7. Membership Entitlements
Your membership grants you:
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Unlimited access to classes at the Studio during staffed hours (subject to your membership type).
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Participation in group fitness classes (additional fees may apply for specific group fitness programs or challenges).
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Use of gym equipment and relaxation facilities, if available (additional fees may apply).
We reserve the right to modify equipment, classes, instructors and schedules without notice.
We reserve the right to change the membership benefits from time to time for any operational or commercial reason. If such a change will impact your rights in a significant way, we will notify you of this via email.
8. Group Exercise Bookings
We offer exclusive classes with limited availability. Bookings are essential to attend a class via the booking system.
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Bookings can be made up to fourteen days in advance.
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Cancellations must be made anytime and up to 2 hours before the class to avoid a $10 no-show fee.
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No show bookings will be notified by email and charged a no-show fee.
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Entry after the class has started may be refused by the Instructor. Bookings are considered a no-show after 10 min of class starting.
9. Special Conditions For Certain Membership Types
Specific terms, special conditions or benefits for membership types (e.g., Foundational Membership) will be included in your agreement. Furthermore, any new discounts, renewal conditions, and other details will be specified and communicated via email or on our website, and form part of your agreement.
Base Attak Foundational Membership
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Discounted Rate: As a Foundational Member, you will start at a discounted weekly membership rate.
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Annual Renewal and Rate Adjustment: Foundational Membership is renewed annually. Each year, your weekly fee will increase by $5 for the first three years. In the fourth year, your fee will adjust to the standard Base Attak Membership rate.
All Membership Types
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Ongoing Membership and Cancellation: To maintain your membership benefits, your membership will automatically renew after each direct debit. If you wish to cancel or not renew, you must provide written notice. Refer to the cancelation policy for details.
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Free Time Benefits: If your membership includes Free Time, you will not be charged weekly fees during the specified Free Time period.
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Discounted Price: If your membership includes a Discounted Price as outlined in the Fees section of your membership agreement, this price will apply for the specified duration. Once this period ends, your fees will revert to the standard rate as indicated in the Fees section for the remainder of the ongoing membership, subject to the agreement terms. Discounts will be communicated to you in writing.
All terms, rate adjustments, and conditions are detailed in your membership agreement.
10. Corporate Partnerships
Corporate memberships are subject to change if the partnership ends. We will notify you of any changes affecting your rate or terms. If you wish to terminate the membership refer to our cancellation policy
11. Membership Fee Increases
We will notify you of any fee changes at least 14 days in advance via email and on our website. Adjusted fees apply at your next direct debit cycle. Other ways we will inform members are either by a poster displayed in the Club, website or social media post.
12. Overdue Fees & Revocation Of Membership Entitlements
Failure to meet payment obligations (other than through the fault of Base Attak or its payment provider) may result in suspension or termination of your membership. You will be notified of a suspended or terminated membership by written notice.
If your automatic direct debit reverses or is returned to us by your financial institution the following process will apply:
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We will attempt to contact you about retrying the debit.
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If the debit remains outstanding it will be processed within 7 days of the reversal with any late fees that apply.
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If you fail to pay us the fees by the due date, we are entitled to refuse you entry to the club.
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If you default on your payment, the club may engage a third-party debt collector after notifying you.
13. Cancellation / Termination
Cancellations and Freezes Notification: All cancellation and freeze requests must be submitted in writing and emailed to Base Attak management (baseattak@hey.com) to be considered valid. Please ensure you are aware of the required notice periods outlined in each relevant section below.
Cooling-Off Period: The cooling off period applies to new memberships only. You may cancel within 7 days of signing the Agreement. The cooling off period starts from the date the Agreement is entered into (the date the Agreement is signed) and ends at close of seven (7) days later.
Cancellation: Ongoing memberships require 14 days’ notice to cancel. Fixed-term memberships end automatically unless renewed. Membership freeze is excluded during this period. Upon cancelling your membership, any special conditions or benefits associated with the previous membership will no longer apply.
Termination by the Club: We may terminate your membership if you breach this Agreement, engage in illegal behavior, or pose a risk to others. Refer to 13.1 for more details.
Termination by the Member: You may terminate if the Club breaches its obligations or closes permanently. Options include payment suspension, account credit, or immediate termination. Refer to 13.2 for more details.
Any requests to cancel or terminate your agreement should be directed to the Manager’s email via the contact details listed on our website. You must keep a copy of your request.
Any instalments/fees due at the date of termination (including instalments/fees which fall due during the notice period) will remain a debt owed to and recoverable by Base Attak and/or their third-party debt collector.
You may be liable for further damages for breach of contract if you terminate the Agreement in a manner not described in the Agreement.
13.1 Termination By The Club
The club reserves the right to terminate this Agreement in any of the following circumstances:
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You fail to abide by any of the criteria listed in the conditions of entry (posted in your club) after being notified of any failure;
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You fail to abide by the obligations listed in this Agreement and the breach/non-compliance is incapable of remedy or you fail to remedy the breach/ non-compliance within 14 days of being notified or you continue to breach this Agreement;
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If we reasonably believe that you have engaged in conduct that infringes on the health, safety or wellbeing of any other members or staff;
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The temporary or permanent closure of the Club where a suitable replacement club is not available for the membership to transfer; or
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To protect the health and safety of you or other members.
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Any illegal or dangerous behaviour or acts. These offences will be reported to police officials.
The club may immediately inform you by means of verbal face to face, written or phone call then followed by an email of this decision and reason.
In the event of a termination under this provision and where appropriate, Base Attak will immediately settle any outstanding payments and immediately after cease any further direct debits. You will not be allowed to participate or enter Base Attak premises or membership benefits.
13.2 Termination By The Member
Members are permitted to terminate this Agreement in the following circumstances:
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Where the club code is changed, and you are adversely affected by the change. For the avoidance of doubt however, changes to club timetables, facilities, equipment and hours of operation do not permit you to terminate this Agreement under this clause.
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If we breach our obligations to you and we do not fix the breach in a reasonable time after you have told us about it in writing. We will refund you any membership fees you pay between the date of notification and the date on which we decide that we cannot fix the breach.
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Where there is a permanent closure of the Club.
In the case of termination we will provide a few options as resolution:
Temporary Suspension of Payments: Offer a temporary pause on payments while the issue is being resolved. This allows the member to retain their membership without being charged until the matter is sorted.
Account Credit or Refund: Provide a refund or apply a credit to the member’s account for any incorrect charges. This can be used towards future payments.
Flexible Payment Arrangements: Allow the member to switch to a different payment method (e.g., manual payments) until the third-party issue is resolved.
Immediate termination of payments: Any charges for the direct debit period will cease immediately. This excludes any periods prior to notice and will exclude freeze or payment break time applied to your membership.
You can cancel your membership by:
Any requests to terminate your agreement should be directed to the Manager’s email via the contact details listed on our website. You must keep a copy of your request.
14. Membership Freeze
You can freeze your membership for a minimum period of 2 weeks, up to a maximum of 6 weeks each calendar year.
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Membership freezes will start on the next weekly allocated direct debit cycle date.
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You must notify management at least 3 days prior to the start date of the freeze. This allows time for us to contact the Third-Party Payment Provider.
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Before freezing your membership, you must make sure your fees are up to date and there are no arrears outstanding on your account.
Please note that we cannot backdate any time freeze requests. You must request a freeze three days prior to the start date of the freeze.
15. Time Freeze For Club Closures
If we are required by the state or federal government to temporarily close our club, we will freeze your membership for that Closure Period. If this occurs:
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You are entitled to request cancellation of your membership during the Closure Period, but processing of the cancellation may be delayed until after the Closure Period has ended.
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Please refer to section 13 regarding the terms that apply to cancellation of your membership.
In addition, if the Club is closed for a period of more than one week (e.g. due to refurbishment or emergency repairs) your membership will be frozen until the Club re-opens (Closure Period). We will try to provide written notification to members via email as reasonably possible, if this is to occur. We will outline the reason, timeframe and members options.
16. Staying Up To Date With Your Terms
We may sometimes change our terms and conditions. This includes changing a club’s opening hours, its services, facilities and membership fees. Sometimes, we may also close clubs for refurbishment. We do not reduce your membership fees for a public holiday. The most up-to-date terms and conditions always apply. You can find copies at your the club or by contacting the management team
If we reasonably consider that any change to the terms and conditions is likely to benefit you or be of no, or immaterial, detriment to you, we can make the change immediately and do not need to notify you.
For all other changes, we give you at least 30 days' notice of any changes, for instance by:
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Publishing them on our website; or
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Placing a notice in the Club; or
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Calling you or writing to the address (post or email) you last gave us.
If we suspend a club’s operations or services, temporarily or permanently, due to renovations or repairs, we may send you a written notice offering you frozen time or temporary amendments to your agreement. Refer to the cancellation terms.
17. Club Access
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Presenting ID: All members must present valid membership identification or valid photo ID upon entry when requested. Failure to do so may result in denied entry.
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Registration: Members must register their attendance via our portal for safety, security, and insurance purposes. A photograph will be taken upon joining for security reasons and will be stored in accordance with our Privacy Policy. www.baseattak.com.au/privacy-policy/
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Guest Visitors: All guest visitors must present valid photo ID upon every visit, complete the guest register, and comply with the general conditions of entry and Club code as contained in these terms and conditions.
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Access Codes: Your access code/pass is non-transferable and not to be shared.
18. General Conditions Of Entry & Club Code
To maintain a safe environment for all members and staff, you are required to abide by the following conditions. Failure to follow these rules may result in suspension or termination of your membership. By entering the premises, you agree to abide by these conditions to ensure a positive and safe environment for all.
PROHIBITED CONDUCT: All members are required to behave respectfully and courteously towards other members, staff, and visitors. Any behaviour that is deemed abusive, disruptive, or inappropriate will not be tolerated.
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Abusive, threatening, or harassing language or actions toward staff or other members.
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Entering the premises under the influence of drugs or alcohol.
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Offering fitness instruction, guidance, or training to other members without proper authorization from Base Attak .
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Engaging in any behaviour that poses a risk to the safety or well-being of others, including reckless use of equipment or facilities.
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Any form of discrimination, bullying, or harassment based on race, gender, sexual orientation, religion, or any other personal characteristic.
FACILITY ACCESS: Entry to the club is restricted to authorised members only. Allowing unauthorised persons into the facility may result in immediate termination of your membership.
USE OF EQUIPMENT
Members must use equipment responsibly, adhering to posted guidelines and staff instructions. Misuse may incur repair or replacement costs. Specifics include:
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Avoid dropping or slamming weights to prevent injury and equipment damage.
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Silencer pads are to be used when lifting weights.
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Return weights and bars to their racks or storage location
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Unload plates from machines after use.
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Follow all safety instructions and seek assistance if unsure about equipment use.
SUITABLE CLOTHES: All members and guests must wear suitable clothes and enclosed sports shoes in any exercise areas, except for wet areas. We do not allow clothes with offensive images or inappropriate advertising.
HYGIENE AND CLEANLINESS: Members must bring and use a towel when exercising and are encouraged to wipe down equipment after use. Personal hygiene should be maintained at all times for the comfort of other members.
TOWELS: You are required to use a clean towel when participating in classes and when exercising on gym equipment (including exercise mats) to maintain our hygiene and safety standards. You may be requested to cease training if you do not use a towel. Subject to availability, you may use a towel from reception.
NON-SMOKING: Our Clubs are non-smoking facilities. The smoking of cigarettes or electronic cigarettes (e-cigarettes or vapes) is strictly prohibited.
PHONE AND CAMERA USE: Cameras may not be used without permission. Mobile phone use is restricted to designated areas, and photography of other members without consent is forbidden. As a courtesy to other members, please keep phone calls to a minimum.
INJURY OR ACCIDENT: In the event of an injury or accident, members must immediately notify a staff member. Base Attak is not liable for injuries caused by improper use of equipment or failure to follow safety protocols.
PARKING: Street parking is at your own risk; the Club is not liable for any loss or damage.
SOUND POLLUTION AND NOISE CONTROL:
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Respect for Neighboring Properties: Members must be mindful of the noise levels they generate, particularly before 7:00 AM. Excessive noise, including the dropping of free weights, can disturb neighboring properties and disrupt the peace.
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Limiting Weight Dropping: Members are expected to limit the dropping of free weights, especially during hours prior to 7am. While we understand that accidents happen, intentional and careless dropping of weights will not be tolerated.
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Induction and Education: Upon joining Base Attak, all members will undergo an induction process where management/staff will educate them on proper techniques for weightlifting. This includes guidance on how to safely and quietly lower weights to minimize noise.
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Responsibility and Awareness: Members are responsible for being aware of the noise they create and are expected to make conscious efforts to reduce sound pollution, especially when using heavier equipment. Repeated violations of this policy may result in warnings or termination of membership.
19. LOCKERS, VALUABLES AND LOST PROPERTY
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Lockers are available; however, lockers are NOT security devices. Members may use personal locks during class only.
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To the extent permitted by law, Club employees or contractors are not responsible for any loss of, or damage to, personal property from the Club or a locker.
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The Club is unable to look after your personal possessions (keys and wallets for example) whilst you are in the Club.
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Bags are not permitted on the gym floor for safety reasons.
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As lockers are cleared daily, personal items are not permitted to be stored in lockers overnight. Any items remaining in lockers or items that have been handed into Reception will be held for two weeks and then donated to charity. locks left on lockers may result in being cut and Base Attak will not be responsible in replacing the lock.
20. CCTV
CCTV is installed in designated areas for safety and crime prevention. By entering the Club, you consent to being filmed and understand your image will be used in accordance with our Privacy Policy.
21. ALLOWING US TO USE YOUR IMAGE
We sometimes film or photograph the club so it’s possible you will appear in the background. By signing this agreement, you allow the Club and its affiliated entities to use any photographic images, videos, or recordings taken while you participate in Club activities, use its services, or utilise its products. The Club retains the right to use these images or recordings for commercial purposes without compensation.
We will make every effort to respect the privacy of members who do not wish to be filmed or photographed for promotional materials by:
If you prefer not to be included in any promotional recordings, you may remove yourself from the shot, area, or class.
22. AGE POLICY
Membership is only available to individuals aged 18 and older. Members aged 17 and under are not permitted
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Memberships are permitted to anyone 18 years and older, with photo ID.
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As stated in membership entitlements terms, once age is verified and membership agreement has been signed, all classes and equipment are available subject to any medical advice
23. PHYSICAL ASSISTANCE AND CONTACT
As part of our commitment to providing a comprehensive and effective fitness experience, it may be necessary for our trainers to physically assist and guide clients during exercises. This assistance ensures proper form, maximises the benefits of each exercise, and helps prevent injury.
By participating in our fitness programs, you acknowledge and agree to the following:
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Physical Contact: Our trainers may need to touch or move your body to demonstrate or correct exercise techniques. This contact will be professional and respectful, focused solely on achieving fitness goals safely and effectively.
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Consent: Your participation in our programs constitutes your consent to such physical assistance. If you have any concerns or preferences regarding physical contact, please communicate them to your trainer prior to beginning any exercise session.
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Comfort and Safety: Your comfort and safety are our top priorities. Should you feel uncomfortable at any time during a session, please inform your trainer immediately so adjustments can be made.
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Medical Conditions: If you have any medical conditions or physical limitations that may affect your ability to participate in exercises requiring physical assistance, please inform us before starting your fitness program.
We appreciate your understanding and cooperation in helping us provide the best possible fitness experience.
24. ADDITIONAL SAFETY MEASURES
Your safety and the safety of other members and our staff is of utmost importance to us, and we may, from time to time, introduce reasonable health and safety measures (including any requirements in accordance with Victorian laws) to ensure your safety and safety of other members and our staff. If we make any reasonable health and safety measures a condition of entry and you refuse to comply with these measures, you may not be permitted to enter the Club at our discretion unless a medical exemption applies (and we are provided with appropriate supporting documents).
BUILDING SAFETY AND USE OF STAIRS
Base Attak operates in an older building, and access to the studio requires the use of stairs. While the stairs meet applicable safety standards, it is important that members and visitors exercise caution when using them. To ensure your safety and the safety of others, you must:
1. Refrain from using mobile phones, engaging in distractions, or behaving recklessly while on the stairs.
2. Use the handrails provided and take reasonable care while ascending or descending.
3. Read our safety signs, which can be found at the entrance.
Base Attak will not be liable for any injuries, damages, or incidents that occur due to inappropriate or negligent use of the stairs, such as failing to pay attention, engaging in unsafe behavior, or other acts outside the control of Base Attak.
Base Attak’s liability is limited to negligence directly caused by Base Attak or its staff, in accordance with applicable safety laws and the Retail Leases Act 2003 (Victoria). Members and visitors acknowledge and accept that they are solely responsible for their actions while on the premises, including the use of the stairs.
If you observe any hazards or safety concerns, please report them to Base Attak staff immediately.
Term
This Contract shall begin on [Start Date] and continue [e.g., monthly, annually] until terminated by either party in accordance with this Contract.
Access and Use
The Member is granted access to the (company name) facilities and agrees to comply with all rules, regulations, and policies of the Provider.
Cancellation Policy
The Member may cancel this Contract by providing [14 days] written notice to the Provider. Any applicable cancellation fees must be paid in accordance with the Provider’s cancellation policy.
Suspension and Termination
The Provider reserves the right to suspend or terminate this Contract for any violation of the terms, rules, or policies, or for non-payment of fees.
Liability Waiver
The Member acknowledges that using the gym facilities involves certain risks and agrees to sign the Provider’s Waiver and Release Agreement.
Personal Information and Privacy
The Provider will collect and store personal information in accordance with applicable privacy laws and regulations.
Amendments
Any changes to this Contract must be in writing and signed by both parties.
Governing Law
This Contract shall be governed by the laws of [State/Country].
Entire Agreement
This Contract constitutes the entire agreement between the parties and supersedes all prior discussions, agreements, or understandings.
SIGNATURES
By signing below, both parties acknowledge that they have read, understood, and agree to the terms and conditions of this Contract.
Definitions for Terms and Conditions
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Agreement: The legally binding contract between Base Attak and the member, which includes these Terms and Conditions, any specific membership agreement, and any additional documentation or policies referenced herein.
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Base Attak: The fitness studio or organisation providing membership services, including its staff, management, and authorised agents.
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Member: An individual who has applied for and received approval for membership at Base Attak, subject to the terms of this Agreement.
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Membership Types: Various categories of membership offered by Base Attak, each with distinct benefits, conditions, and fees, such as General Membership, Foundational Membership, Friends of Membership, and Corporate Partner Membership.
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Direct Debit Request and Services Agreement: The authorization provided by the member allowing Base Attak or its nominated third-party payment provider to withdraw funds directly from the member's bank account or credit card for membership fees and other charges.
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Cooling-Off Period: A specific timeframe (7 days) during which a new member may cancel their membership without penalty after signing the Agreement.
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Cancellation Policy: The terms and conditions under which a member may terminate their membership, including notice periods and associated fees.
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Group Fitness Classes: Structured exercise sessions led by an instructor that are available to members as part of their membership entitlements, which may incur additional fees for specialized programs.
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No-Show Fee: A penalty fee charged to a member who fails to attend a booked class without prior cancellation, typically amounting to $10.
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Membership Freeze: A temporary suspension of membership privileges that allows a member to pause their membership for a specified period (minimum of 2 weeks, maximum of 4 weeks) at a cost, if applicable.
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Corporate Partnerships: Agreements between Base Attak and corporate entities that offer membership benefits to employees of those organisations, which may be subject to specific terms and conditions.
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Membership Fee Increases: Adjustments to membership fees communicated to members, typically requiring advance notice (14 days) before the new fee takes effect.
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Overdue Fees: Charges incurred by a member who fails to meet payment obligations on time, which may result in membership suspension or termination.
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Termination: The process by which either party (the member or Base Attak) ends the membership Agreement, which may occur under specific conditions outlined in the Agreement.
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Privacy Policy: The document that outlines how Base Attak collects, uses, and protects personal information of members in accordance with applicable laws.
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Third-Party Payment Provider: An external financial service that manages payment transactions on behalf of Base Attak, authorised to collect membership fees through direct debit.
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Modification of Terms: The process by which Base Attak may alter the Terms and Conditions, membership benefits, or services, usually requiring notice to the member.
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Contractual Relationship: The legal connection between the member and Base Attak, which encompasses the obligations and rights of both parties as established in the Agreement.
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Written Notice: Communication provided in a physical or electronic format (such as email) that formally informs the other party of an action or request, as required by the terms of the Agreement.
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Valid Membership Identification: An official document issued by the Club that verifies a member's status, which may include a membership card or electronic identification.
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Valid Photo ID: An official identification document containing a photograph of the individual, such as a driver’s license or passport, used for verification purposes.
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Guest Visitors: Individuals who are not members but are permitted access to the Club's facilities for a limited time, usually accompanied by a member.
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Access Code/Pass: A unique code or pass issued to Members that allows entry into the Club's premises. This code is non-transferable and should not be shared.
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Prohibited Conduct: Any behavior that is considered unacceptable within the Club, including abusive language, disruptive actions, or any conduct that poses a risk to the safety or well-being of others.
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Facility Access: The permission granted to Members to enter and use the Club’s premises, which is restricted to authorised individuals only.
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Equipment: Fitness machines, weights, and other tools or apparatus available for use in the Club.
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Personal Property: Items owned by the Member, including but not limited to bags, keys, wallets, clothing, and other personal belongings.
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CCTV: Closed-circuit television system used for surveillance and monitoring of designated areas within the Club for safety and crime prevention.