Terms and Conditions

These terms and conditions are governed by this agreement and privacy notice (privacy policy) stated on this site www.ozzyfitness.com.au. This is in association with OZZY FITNESS PTY LTD ABN 93 661 150 901. By using and associating with this site you are agreeing to comply with and are bound by these Terms of Use and Policy Notice. If you do not wish to associate in agreement to these terms of use, you may not use, associate or access this site. For more information contact admin@ozzyfitness.com.au

1 MEMBERSHIP

We use a variety of membership options to suit specific requirements to allow you to workout at a time that suits you in a fun and friendly atmosphere.

(a)Employer or Corporate discount

You may receive a preferred partnership start-up discount on selected membership options, if you are an employee of a company that we have a current corporate discount agreement with.

(b) Student

If you are a student, you may be eligible to receive a reduced joining fee and weekly membership rate if you have a current valid student card. Standard membership fees apply.

(c) Promotions

From time to time, we offer reduced Joining fees during a promotional period.

(d) Minimum age requirement

Our minimum age You must be at least 14 years old to become a member and must show proof of your age, and special conditions in this paragraph apply;

(e) Age Group 14 – 15

If you are under 16, you must have a parent or guardian accompany you to the club during staffed hours to acknowledge and accept the terms of your membership or if it’s through Debit Success or other Third Party you must sign a Guarantor Form. You must confirm that you are able to partake in exercise and acknowledge your pre-health questionnaire. You can then:

use cardiovascular equipment;

have a basic tour and instruction on how to use the equipment from our Club Staff.
Future personal training sessions will be at the member’s cost;

(f) Age Group Under 13
Children Under 13 In the interests of protecting the health & safety of all members, non-members and staff, children under the age of 13 are not allowed into Ozzy 24-hour Fitness at any time and under any circumstances. If you bring a child or children under the age of 14 into Ozzy 24-hour Fitness, whether it be during staffed or unstaffed hours, you will be deemed to be in breach of your Membership Agreement and Ozzy 24-hour Fitness will have the right to require you to leave and cancel your Membership with immediate effect.

(g) Membership Agreement activation

All our memberships are registered and activated when:

(i) selected your membership type;
(ii) completed online or PIA registration;
(iii) reviewed and accepted the Terms & Conditions of the membership;
(iv) reviewed and accepted the “Club Rules” available in Club and online;
(v) completed your health check;
(vi) paid the Joining Fee

Please note, when joining in club you will need to complete an orientation at the time of joining. If joining online, you will need to complete the orientation in club prior to your first workout. You will also receive your secure access tag when joining in club or if joining online on your first visit during staffed hours.

(h) Joining Fee

You must pay a “ fee ” covering initial administration including health and safety briefings and other initial service when you join or re-join a club (“ Joining Fee ”). Your Joining Fee is the amount offered at the time you complete your in-club registration.

(ii) Once paid, the Joining Fee will not be refunded even if you return your secure access tag on cancellation.
(iii) The Joining Fee is payable subject to any promotions or offers.
(iv) Ozzy 24-hour Fitness offers reduced Joining Fees with specific membership types including but not limited to corporate partners and students.

(i) Cooling off period

(i) You can cancel your Membership Agreement during your Cooling-Off Period.
(ii) In this Membership Agreement “Cooling-Off Period” means five (5) business days from the date you activate your Membership Agreement but if you are joining a new Ozzy 24-hour Fitness facility, it will be seven (7) days from its grand opening date.
(iii) If you cancel during the Cooling-Off Period, we will then cancel your Membership Agreement and refund you your initial payment together.

(j) Health requirements

On the day that you complete your online or in-club registration for membership, and each time you visit Ozzy 24-hour Fitness you promise us that;

(i) you are in good physical condition; and
(ii) you know of no medical reason or other reason why you cannot or should not do active or passive exercise.

(i) Health requirements continued.
Any club activities that may risk your health you must inform us in writing with full details and if you believe any club activities may risk your health, you must inform us in writing with full details. You must also tell us if your medical condition changes after you join.

(i) You must complete an online health questionnaire when completing your online signup
(ii) You must answer the online health questionnaire honestly and if you have any health or medical concerns you must discuss them with your doctor before completing your online signup or using any equipment in the club.
(iii) We may choose to refuse to consider your membership agreement application until:
- (A) Your doctor agrees in writing that you are fit to exercise unsupervised
- (B) You show us other proof that you have received medical advice on an appropriate exercise program.
- (C) You must also tell us if your medical condition changes after you have joined by emailing admin@ozzyfitness.com.au
(iv) You must not use Club facilities if you have an infection, contagious condition, or physical ailment such as an open cut or sore;
(v) There is any other risk, however small to you, or other members, staff and guests.

(j) Seeking expert advice
Our staff are not medically trained. They are not qualified to assess if you are in good physical condition and if you are capable to exercise without risk to your health, comfort or safety. If you have any doubts, we strongly encourage you to seek expert advice before starting an exercise program. We may refuse to permit members with medical conditions to use Ozzy 24-hour Fitness clubs for health and safety reasons.

(k) Disabilities

(i) As a member with a disability you will only be able to access an Ozzy Fitness club:
- A. A midst staffed hours
- B. You must Provide us with a letter from a Doctor or medical practitioner to confirm that you are able to conduct regular exercise.
(ii) If you require the use of an assistance dog, they will be permitted to enter the club but must be on a lead and stay directly with you at all times.

(iii) You must exercise good hygiene practices at all times. From time to time we may impose strict rules in the interests of health and safety of all our members, including additional hand hygiene, or equipment and facilities cleansing processes.

2 MEMBERSHIP PAYMENTS

(a)Upfront Membership

If your membership type requires you to make an upfront payment, you will pay the specified amount in full on the day that you complete the membership activation. Ozzy 24-hour Fitness only accepts payment by debit or credit card online.

(b) Renewing your upfront membership

When your membership is due to expire, you can choose to renew it before the date of expiry at the then current rate for renewing your existing membership level, otherwise you may be unable to re-join at the same rate or have the choice to change to a different membership type.

(c) Change of agreement or membership
Staying up to date with our terms and conditions we may sometimes add to, change or remove information within our terms and conditions. There could require a change to a club, service, facilities, opening hours and membership fees, membership access tags and other not yet stated in these terms and conditions. Sometimes we may have to close or limit our facilities to allow for maintenance or refurbishment, however we do not necessarily reduce your membership fees while this occurs. If we suspend a Club’s operations or services, temporarily or permanently, we may notify you and offer you either a transfer to another club (if available) or a complimentary On-Hold. The most up-to-date terms and conditions apply at all times; please contact admin@ozzyfitness.com.au to obtain a copy.

(d) Notification of amendments

(i) We will provide at least 28 days’ notice of any changes, for instance by;
- (A) publishing them in our newsletter or on our website or social media platforms;
- (B) placing a notice in the clubs;
- (C) phoning or emailing you to the last phone number / email address we have on file;
(ii) If we suspend a club’s operations or services, temporarily or permanently, we may send you written notice offering you either a:
(iii) Transfer to another club, if available
(iv) Complimentary time freeze;
(v) It is your responsibility to keep your contact details up to date.

(e) Cancellation of membership

(i) If we do not fulfil our obligations to you, or make a change to your agreement that adversely affects you, you may be able to cancel your membership
(ii) To cancel your membership you must send a request via email to accounts@ozzyfitness.com.au and if it is not written in English you must have an English translation attached.

(iii) For the avoidance of doubt, you are not able to cancel your membership by phone or in person at the club.

(iv) Providing us Notice:

(A) Paid in Advance Membership – Your Paid in Advance membership will automatically cancel at the expiry of the fixed term. To renew it, send us an email before the expiry date and paying for the next fixed term in advance.

(B) You may cancel your Paid in Advance Membership by sending us an email to accounts@ozzyfitness.com.au advising the date of cancellation as that will be the effective date
(C) We will refund the fee within 6 months of purchase:
- the program is cancelled; or
- you can show us medical evidence that the program will cause you physical harm or injury; or
- the law requires us to refund the fee.
- Otherwise, we will only refund 10% of your total Paid in Advance Membership after the cool-off period.

(v) We will refund any other fees that the law requires.

(f) Transfer of Membership to another individual

(i) You can transfer your Paid in Advance or Minimum Term Direct debit membership to another person (the transferee) within the minimum term of your agreement by sending a request to accounts@ozzyfitness.com.au and as long as:
- (A) the transferee is not a current member;
- (B) the transferee has not been a member in the last 3 months;
- (C) the transferee completes the new membership sign up process.
- (D) the transferee is eligible to take up your membership (you are not able to transfer a corporate or student membership unless they qualify for that membership)
- (E) the transferee has not been a previous member of Ozzy 24-hour Fitness who has been banned
- (F) the transferee has outstanding membership fees
- (G) the transferring member has no outstanding membership dues
(ii) The transfer becomes effective in completion after the transferee has signed-up via the online process and confirmation has been received via email at admin@ozzyfitness.com.au
(iii) We do not allow transfers once you have completed your minimum term but you can terminate on notice

(f) Increase of Fees

Notification of amendments:

(i) We reserve the right to increase your fees at any time. We will let you know of any changes to your membership fees at least 28 days beforehand
(ii) If you have a minimum term membership agreement, we may only increase your membership fees after the initial (minimum) term of your membership agreement has ended.

(g) Temporarily freeze membership payments

(i) Membership on hold

The following membership types have restrictions in respect of On-Holds allowance:

(A) Advanced payment or paid in advance:
- 1 month and 3-month membership has no On-Hold allowance.
- 6-month membership & entitled to 2 weeks On-Hold allowance, with On-Hold time credited to the member’s account.
- 12-month membership entitled to 4 weeks On-Hold allowance per membership year, with On-Hold time credited to the member’s account.

(h) Request an extension for On-hold

Every calendar year, you may request an extended On-Hold period, in anyone-membership for up to a maximum of eight (8) weeks. This must be for an appropriate reason and meet certain medical obligations and criteria and that we must be satisfied by supporting documentation, such as a certificate from a medical practitioner stating you are unable to exercise.

(i) When requesting an On-Hold membership you must provide all details of your On-Hold request via email accounts@ozzyfitness.com.au and include the On-Hold start and finish date and your access tag number. If the information is not received in full, you will be responsible for the payment of any direct debit or upfront payments.
(ii) All On-Hold requests will be confirmed by us by email. If you do not receive an email confirmation within 2 working days, you must contact us via email or phone located in this Site.
(iii) We are not able to backdate an On-Hold request. You must submit your On-Hold request via email at accounts@ozzyfitness.com.au
(v) You are only entitled to place your membership On-Hold according to your membership length. We have the right to refuse any On-Hold requests that extend over the maximum period allowed. If an On-Hold request is refused in full or part you are responsible for all membership fees payable during the relevant period.
(vii) During the period of your On-Hold request, your secure access tag will be de-activated.
(viii) Your membership expiry end date will extend by the period of your On-Hold request.
(ix) If you want to change or cancel your On-Hold request you must email accounts@ozzyfitness.com.au

3 ACCESS TAGS

(i) Upon activation of your account we will provide you with your access tag however you must show proof of identification such as an Australian passport or driver’s license. A photo ID will be taken reception.

(ii) The access tag provides entry into Ozzy 24-hour Fitness and is an identification that you are a member. You are not admitted to lending your access tag or allow anyone else to use it.
(iii) Lost, stolen or damaged tags incur a charge fee of $25 to replace it.

(iv) Upon cancellation of a membership you are not required to return the access tag to Ozzy 24-hour Fitness. You may re-gift it to anyone you might know who will be interested to join the club. You are not entitled to a refund for the return of the secure access tag.

4 FEEDBACK

(i)Your feedback is important to us in helping to provide a great service. We recommend feedback and always welcome it both good or bad.

(ii) You can speak to us in club by contacting or visiting our staff during staffed hours or via Contact Us on this Site

5 CANCELLING IF WE CHANGE THE AGREEMENT

(i) If you cancel due to any changes to our terms and conditions and they adversely affect you, you can cancel membership at any time (even if you are still within the minimum period)

(ii) You can cancel your membership at any time (even if you are still within the minimum period) if we change or add to these terms and conditions or the club rules, or move or close a club, and these changes adversely affect you.

(iii) You can also cancel your membership if you reasonably believe we have breached our obligations and we do not fix the breach in a reasonable time after you have told us about it by email to accounts@ozzyfitness.com.au and we will refund you any membership fees you pay between the date you tell us and the date on which we decide we cannot fix the breach.

6 CLUB CODE

(a) You must follow our Club code. (For more information contact admin@ozzyfitness.com.au)

(ii) Rules that apply to our facility:

(b) Respecting our equipment and facilities
(iii) You are responsible for using our facilities correctly, including adjusting levels or settings of equipment (cardio or strength), assisting to maintain the cleanliness of the facility and being courteous to other members. If you are not sure how to operate any equipment, please ask our staff before you use it.

(A) As a member our expectation is that you at all times take care of the facilities and leave them in a clean and tidy state.
(B) You must take responsibility for your own belongings at all times.
(C) Your membership is subject to your good behaviour within the club. If you at any time fail to observe the club rules, we can ask you to leave the club or terminate your membership on reasonable grounds at any time.
(D) You must be courteous to other members and respect their personal space when working out.
(E) If you are not sure how to operate any exercise equipment, please ask our staff during staffed hours before you use it. Note: you will be responsible for any damage that you cause through a wilful act or negligence, this includes but is not limited to the incorrect handling of free weights.
(F) Our clubs provide, where permitted, full accessible facilities.

(c) Using our equipment

(A) At all times we try to maintain our equipment to the highest standard and as a member and as a courtesy to other members

(B) You must use a clean towel on all equipment including exercise mats;
(C) You must clean the equipment after use with wet wipe provided by the club;
(D) You must not drop free weights on the floor;
(E) You must not put equipment and free weights away after use;
(F) Do not stand on the exercise benches;
(G) Do not place additional free weights onto an exercise machine;
(H) Be courteous to other members on time spent on each machine and if requested equipment is to be shared with another member;
(I) Do not throw, or swing free weights;
(J) If a piece of equipment breaks, advise staff during staffed hours so we can organise the repair;
(K) Do not use the equipment or facility if you are unwell
(L) Do not use the equipment or facility if you are under the influence of alcohol or drugs

7 SECURITY MEASURES
Ozzy 24-hour Fitness is a 24/7 member only facility and are under 24/7 security video surveillance in all areas of the facility except for the bathrooms. As a member you have the privilege of accessing our facilities 24/7 and in the best interest of your and other members safety and security

(i) Never let a non-member into the club outside of staffed hours – a fine of $150 will apply if you let a non-member in the door

(ii) Never let a member into the club whose access tag is not working – a fine of $150 will apply if you let a member without a working access tag into the club;

(iii) In the event of an emergency in the club outside of staffed hours, you must contact one of the phone number displayed on the front glass door of the club

(iv) If you have any medical concerns you must wear an emergency pendant and in the case of need press the button and our security monitoring service will alert emergency services or security as required;

(v) In the event of a fire, exit the premises immediately, call emergency services, and advise other members to stay out of the premises;

(vi) In the event of a natural disaster take precautions as required and advise other members;

(vii) In the event of a fault, or damage to the club, you must contact one of the phone number displayed on the front glass door of each club.

(viii) Do not bring any valuables into the club or leave your belongings unattended whilst using the facilities;

(a) Keeping your belongings safe.

(i) We provide open lockers you can use while you exercise but these are not security lockers.

(ii) Ensure your access tag is with you at all times while in the club.
(iii) Do not bring any valuables into the club.
(iv) You must take responsibility for your own belongings.

(v) Unfortunately, thefts can happen and you are responsible for any loss or damage to your belongings while you are at the club or any belongings you leave in your car if it is parked in Ozzy 24-hour Fitness car park

(vi) If you leave any belongings in a locker overnight, we may remove them and place them in our lost property. We hold onto lost property for up to 4 weeks only

(vii) If you have left any belongings at the club you can advise a staff member during staffed hours or contact us via this Site

(b) Cleanliness

(i) We engage third party cleaners to clean our facilities
(ii) We try to ensure that cleanliness causes minimum disruption to our members, however we ask you to apply caution to your activities while the cleaning is in progress and take notice of safety signs

(iii) If you have any concerns over the cleaning of the club contact us via email admin@ozzyfitness.com.au and we will come back to you.

(i) All members and permitted guests must wear suitable clothes and enclosed exercise shoes in the club and whilst performing any exercise (except in the bathrooms). Out of respect for other members you must:

(A) not wear any clothes with offensive images, language or inappropriate advertising;
(B) wear appropriate exercise shoes at all times. No work boots, work shoes or bare feet are allowed when performing any exercise within the club;
(C) ensure your clothing covers all personal anatomy and is of a suitable style that will not cause offence, regardless of personal tastes;
(D) ensure your exercise shoes are clean when entering the club (no mud etc);
(E) ensure that your personal hygiene is of the highest standard and does not cause offense to other members.
(F) Denim Jeans are not to be worn when performing exercise of any kind in the club neither can any other clothing with sharp or metal objects which potentially could damage our upholstery;

8 ENTERTAINMENT (Music or Sounds)

We play music in all our clubs through ceiling mounted speakers. The music and volume are pre-set to a suitable level for the ambience of the club. You can play music through personal devices but headphones must be used and the volume must be suitable so it does not disturb any other members enjoyment of the club. Use of external speakers or playing music using electronic devices with speakers is not allowed in the gym or the bathrooms at any time.

9 PARKING

At the majority of our clubs we provide a limited number of free carparks for the use of our members. These carparks are only to be used by members while exercising at the club and are subject to time restrictions. You park in the club’s carpark or on the club’s premises at your own risk. We are not liable for any loss or damage to your vehicle or its contents. Please be aware of car park signs in respect to time and towing restrictions. We are not responsible for your car being towed either from a Ozzy 24-hour Fitness nominated carpark or that of another business.

10 ANIMALS

In the best interest of health and safety for our members, no animals are allowed inside the Club at any time. As a member you are entitled to access the Club with an Assistance Dog but during staffed hours only.

11 RESPECTFUL OF OTHERS

Be respectful and do not behave inappropriately towards other members, guests, Ozzy 24-hour Fitness Staff or suppliers. Examples of inappropriate behaviour are:

Verbal or physical intimidation
Harassment
Discrimination on the basis of sex, race, age or disability.

(a) Guest Access into the club

(i) You can bring a guest into the club during staffed hours only.
(ii) All guests must reside in Australia and provide proof of identification.

(iii) Overseas guests temporarily in Australia are required to pay the Casual Member fee each time they want to use the facility. Casual Membership rate is $20 per person per visit.

(iv) All guests are only allowed during staffed hours and you must introduce the guest to our staff when entering the club and sign them in to the guest register.

(v) Your guest must meet the following criteria:

(A) Be at least 13 years old;
(B) Be accompanied by you and leave when you do;
(C) Sign the guest register and show photo identification upon entry
(D) Follow the Club Usage Guidelines and terms and conditions as per the Guest Register.

(b) Unauthorised Guests

(i) You must never bring a Guest into the club outside of staffed hours
(ii) We are strictly a member only 24/7 facility and access outside of staffed hours is by secure access tag only
(iii) Our security surveillance will register when you have brought an unauthorised guest into the club.

(iv) You will incur a fee of $200 if you let an unauthorised guest into the club.
(v) This fee will be deducted by direct debit from your account as part of the next scheduled payment or payment can be made by you before then via debit or credit card.

(vi) We will consider cancellation of your membership if you bring an unauthorised guest into the club outside of staffed hours. A refund on membership fees paid would not apply.

(vii) No secure access tag – No access This is for the safety and security of all members.

(c) Code of conduct

(i) Being refused entry or receive a warning

(ii) We can refuse entry or request to leave, anyone including members, if they act unreasonably or break the Club code, guidelines or terms and conditions of membership

(iii) If anyone (including a member) is requested to leave by a Ozzy 24-hour Fitness staff member, they must do so immediately. They do not have the right to refuse our request to leave the club and if required we will call security or the police to assist us in removing them from the club. These actions are taken in the best interest and safety of other members and staff
(iv) We also may warn you that you risk having your membership cancelled.

(v) Conditions of instant cancellations:

We can cancel your membership without warning if you behave in a way that is seriously inappropriate or considered to cause risk, such as;

(A) Threatening or harassing other members, guests, or staff
(B) Damaging equipment
(C) Using illegal or performance enhancing drugs
(D) Instructing others when we have not authorised you to do so
(E) Being or appearing to be under the influence of alcohol or drugs
(F) Using inappropriate language and behaviour of a sexual nature
(G) Letting an unauthorised guest into the Club outside of staffed hours

12 IMPORTANT AND RELEVANT INFORMATION

(a)Your Responsibilities

(i) Meeting your responsibilities which include payment of membership fees, do not depend on how often you use the club.

(ii) You must tell us about anything that affects your membership and any changes to your personal details, contact details or bank details.
(iii) You can update your own details by email to admin@ozzyfitness.com.au

(iv) Any communication about your membership whether written or verbal must be in English or attached to an English translation.

(v) You promise to;

make sure that you know how to exercise safely, by asking if necessary
use your best endeavours to exercise safely
not take valuables into the club

(vi) Exclusion of liability for property: We are not liable to you or any personal property that you have lost or had stolen or damaged while in or around the club including your vehicle and contents or any property left in the open lockers unless it has been due to the actions of a OzzyFitness staff member or contractor.

(vii) You are liable for all costs of repair or replacement, if you cause any deliberate damage to the club or equipment. We would reasonably review security video footage to help us decide if your actions were deliberate or negligent.

(b)Understanding our Privacy Notice (Privacy and Policy)

(i) During your membership we will have access to personal information about you, such as your health and financial situation.
(ii) We will only use, disclose or deal with your information in line with our Privacy Policy.

(iii) We may allow you to have access to our Wi-Fi for personal use from time to time, however, this availability and security is not guaranteed. In the event that any information you use online is unlawfully observed by a third party while in transit over the internet, you agree to be liable to the greatest extent possible pursuant to law. It is your responsibility to keep your devices secure.

(iv) We assume no responsibility and shall not be liable for any damage to your computer, mobile device or other property on account of your access to our Wi-Fi. We accept no responsibility for theft, loss or damage arising from use of our Wi-Fi.

(c) Our rights to use images, videos/films or photographs

(i) We sometimes film or photograph the clubs, so it is possible you will appear in the background

(ii) If we do, we will notify you and you have the right to either sign our photography release or move out of shot. By signing and authorising the Photography release on your agreement, you allow us to use your image in promotional and other business-related material.

(d) Issues with outside providers

(i) Paying outside providers, including Personal Trainers Independent contractors and tenants provide some services in our clubs, such as personal training and Physiotherapy.

(ii) You must pay service fees directly to them
(iii) We are not responsible for those fees or for any associated costs or refunds.

(iv) Claims against outside providers:

(A) Any service they provide is a contract between them and you and we cannot accept responsibility for their breach of contract or negligence, or their failure to keep an appointment or their departure from the premises.
(B) If you make a claim because of something a contractor or tenant has or has not done, your claim should be brought against the provider, not us, whether you have paid them or not. You release us from any claim resulting from an act or omission made entirely by a contractor or tenant.
(C) Asking us for help – Wherever we can, we will help you to resolve the issue with providers. We will also make sure that personal trainers in our clubs have up to date qualifications and insurance.