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
1.1 Entire agreement. Your membership contract includes:
(a) your Membership Application / Agreement (online or in-club);
(b) these Terms;
(c) the Club Rules / Code of Conduct (in-club and/or online);
(d) any Direct Debit Authority (and any billing provider terms you accept, if applicable);
(e) your health screening / questionnaire and any declarations; and
(f) any Promotion Terms that apply to your membership (if relevant).
Together, these form the entire agreement (“Agreement”) between you and Ozzy Fitness.
1.2 Priority if inconsistent. If there is any inconsistency:
(a) your Membership Application/Agreement (including pricing schedule) prevails; then
(b) these Terms; then
(c) Club Rules; then
(d) Promotion Terms (only for the promotion component).
1.3 Read and understand. You must read and understand the Agreement before joining and follow it at all times.
In this Agreement:
3.1 Minimum age. You must be at least 14 years old to become a Member.
3.2 Under 13 prohibited. Children under 13 are not permitted in the Club at any time and under any circumstances, for safety and insurance reasons.
3.3 Members aged 14–15.
(a) Must have parent/guardian consent and may be required to have the parent/guardian sign as guarantor where direct debit is used.
(b) May train during Staffed Hours only.
(c) Must be supervised at all times by a parent/guardian (18+) or an Ozzy-authorised trainer as directed by the Club.
(d) Training restrictions may apply (e.g., heavy lifting and certain resistance areas may be restricted unless supervised one-on-one by a trainer).
3.4 Members aged 16–17.
(a) Must have parent/guardian consent to join.
(b) Access conditions (including 24/7 access eligibility) may vary by Club for safety and insurance reasons and will be confirmed at sign-up.
3.5 Proof of age and ID. We may request ID to verify age and identity at sign-up and at any time.
4.1 Your membership activates once you:
(a) select a membership type;
(b) complete registration (online or in-club);
(c) accept these Terms and Club Rules;
(d) complete health screening; and
(e) pay required fees (e.g., Joining Fee, first instalment, access tag/card fee if applicable).
4.2 Orientation. If joining in-club, orientation may be completed at sign-up. If joining online, you must attend an in-club orientation during staffed hours prior to your first workout (or as directed by the Club).
5.1 Membership options. We offer different membership types. Your membership type, fees, access rules and minimum term (if any) are shown in your membership schedule.
5.2 Corporate / employer discount. Available only where Ozzy Fitness has a current written corporate agreement with your employer and you provide evidence of eligibility.
5.3 Student discount. Available only with a current valid student ID and may apply to joining fees and/or weekly rates, as shown at sign-up.
5.4 Promotions. From time to time, we may offer promotions (e.g., discounted joining fee, free trial time, referral rewards). Promotions:
(a) are subject to eligibility criteria;
(b) are not transferable or redeemable for cash;
(c) may not be combined with other offers unless stated; and
(d) may be withdrawn at any time, subject to ACL.
6.1 Joining Fee. A Joining Fee may apply when you join or re-join. Unless required by law, the Joining Fee is non-refundable (including if you cancel later or return an access tag/card).
6.2 Payment methods. Fees are payable by the methods offered at sign-up (e.g., card payments, direct debit, other approved methods).
6.3 Direct debit and billing provider. If you pay by direct debit, you authorise Ozzy Fitness (and/or our billing provider) to debit the nominated account/card for Fees in accordance with your schedule.
6.4 Failed payments and dishonours.
(a) You must ensure sufficient funds are available on debit dates.
(b) If a payment fails or is reversed, a dishonour/service fee of $14.95 (or the actual fee charged to us, if higher and permitted by law) may be applied per failed debit.
(c) We may reattempt failed payments and/or debit overdue amounts together with future instalments.
6.5 Arrears and access suspension. If you fall into arrears, we may suspend or restrict Club access until the account is brought up to date.
6.6 Debt recovery. If your account remains overdue after reasonable attempts to contact you, we may refer the debt to a third-party collection agency and recover reasonable recovery costs permitted by law.
7.1 Cooling-off rights. You may be entitled to a cooling-off period under applicable state/territory consumer protection laws. Unless your state/territory law requires otherwise, Ozzy Fitness provides a 7-day cooling-off period starting from your membership start/activation date.
7.2 How to cancel in cooling-off. You must cancel by giving written notice to your Home Club or to accounts@ozzyfitness.com.au with your full name, DOB (or member ID), and contact details.
7.3 Cooling-off refunds. If you cancel during cooling-off, we will refund payments made less any reasonable administration costs and any value of services already used (where permitted by law). Access will end upon cancellation.
8.1 Cancelling after cooling-off (standard).
(a) You may cancel your membership at any time by providing at least 30 days’ written notice.
(b) Notice can be lodged:
8.2 Minimum term memberships. If your membership has a Minimum Term, early cancellation may require an early termination fee as set out in your membership schedule. Unless your schedule states otherwise, the early termination fee is the lesser of:
(a) $150; or
(b) 50% of the remaining membership fees payable until the end of the Minimum Term,
plus any overdue Fees.
8.3 Cancelling due to our changes. You may cancel without early termination fees if:
(a) we increase your membership fees (other than previously disclosed increases) and you notify us within 30 days of the notice; or
(b) we make a change that materially and adversely reduces the core benefits of your membership, and you notify us within 30 days of the notice;
provided you are not in arrears and the change is not required by law or safety.
8.4 Club closure / relocation. If we permanently close your Home Club, we may offer transfer options to another Club (if available) or a reasonable alternative remedy. If no reasonable alternative is available, you may terminate without penalty.
8.5 Confirmation. We will provide written confirmation when a cancellation is processed. You should keep confirmation for your records. If you do not receive confirmation within a reasonable time, contact accounts@ozzyfitness.com.au.
9.1 Hold eligibility. We may allow membership holds for reasons such as medical incapacity, travel, pregnancy, or other genuine circumstances.
9.2 How to request. Holds must be requested by email to accounts@ozzyfitness.com.au and must include:
(a) hold start and end dates;
(b) member name and contact details;
(c) access tag number; and
(d) supporting documents where required (e.g., medical certificate).
9.3 Notice and limits.
(a) Holds must be requested at least 3 days prior to the hold start date.
(b) Holds cannot be backdated.
(c) Hold limits depend on membership type and are stated in your membership schedule. If not stated, standard limits apply:
9.4 Fees during holds. A hold administration fee may apply if stated in your schedule. Medical holds may be free if supported by appropriate documentation.
9.5 Tag deactivation. During a hold, your access tag/card may be deactivated and your membership end date extended by the hold period.
10.1 Access tag/card use. Your access tag/card is personal, non-transferable and must be used on every entry.
10.2 ID verification & photo. You may be required to show photo ID and have a photo taken for membership verification and security.
10.3 No sharing / lending. You must not lend your access tag/card or allow anyone else to use it. Breach may result in suspension/termination and fees under clause 11.
10.4 Replacement fee. Lost, stolen or damaged tags/cards incur a replacement fee of $25 (or as updated in the Fee Schedule with notice).
11.1 CCTV. The Club uses 24/7 video surveillance in most areas (excluding bathrooms/change cubicles). CCTV is used for security, safety, incident management and compliance.
11.2 No unauthorised entry. You must never:
(a) let a non-member enter outside Guest Rules;
(b) allow tailgating; or
(c) use your access to admit others.
11.3 Tailgating/unauthorised entry fee. If you breach clause 11.2, you may be charged a $200 unauthorised entry fee per incident (and/or any reasonable costs we incur dealing with the breach), and your membership may be suspended or cancelled.
11.4 Emergency guidance. In an emergency outside staffed hours, follow emergency instructions posted at the Club, call emergency services, and use emergency contact numbers displayed at the Club.
12.1 Guests allowed during staffed hours only unless expressly permitted under a specific membership type in writing.
12.2 Guest eligibility. Guests must:
(a) be at least 14 years old;
(b) provide photo ID (if applicable);
(c) sign the guest register; and
(d) comply with Club Rules at all times.
12.3 Member responsibility. You are responsible for your Guest’s conduct and any damage caused by your Guest.
12.4 Casual visits. Casual visit fees may apply (e.g., $15 per visit) and can be updated with notice.
13.1 You must follow Club Rules and behave respectfully. We may refuse entry or require you to leave for unsafe, disruptive or inappropriate behaviour.
13.2 Zero tolerance. Serious misconduct may lead to immediate cancellation, including (non-exhaustive):
(a) threats, harassment, discrimination, intimidation;
(b) damage to equipment or facilities;
(c) illegal drug use or dealing;
(d) being under the influence of alcohol/drugs;
(e) sexual misconduct;
(f) unauthorised guest entry / tailgating;
(g) filming others without consent;
(h) unauthorised personal training or business solicitation.
13.3 Damage costs. You are liable for repair/replacement costs where damage is caused by your wilful act or negligence.
14.1 Safe use. Use equipment correctly and follow signage. Ask staff if unsure.
14.2 Hygiene.
(a) Use a towel on equipment/mats.
(b) Wipe down equipment after use.
(c) Do not train if unwell with a contagious illness or open wounds that pose risk.
14.3 Weights and conduct.
(a) Do not drop weights.
(b) Return equipment after use.
(c) Share equipment courteously.
14.4 Dress code. Wear appropriate clothing and enclosed athletic footwear. No clothing with offensive imagery or language.
15.1 CCTV vs marketing. CCTV is used for security and safety. Marketing photography/video is separate.
15.2 Marketing capture. From time to time we may take promotional photos/video in the Club. Where practical, we will notify members. You may opt out of being intentionally featured by notifying admin@ozzyfitness.com.au.
15.3 Member filming rules. You must not film or photograph other members or staff without their clear consent. Tripods/external photographers/videographers are not permitted without written approval from Ozzy Fitness.
15.4 Breach. Breaching filming rules may result in removal from the Club and/or termination.
16.1 Health declaration. You confirm that, to the best of your knowledge, you are medically able to exercise and have disclosed relevant conditions in your health screening.
16.2 Seek medical advice. Ozzy Fitness staff are not medically trained. If you have health concerns, consult a medical professional before exercising.
16.3 Change in condition. You must notify us if your medical condition changes in a way that could impact safe exercise participation.
16.4 Infections/contagious conditions. You must not use the Club if you have a contagious condition or other ailment that poses risk to others.
17.1 Personal property. You bring belongings at your own risk. Lockers (if available) are not security devices. Do not bring valuables.
17.2 Lost property. Items left may be stored for up to 4 weeks then disposed of/donated.
17.3 Parking. Parking is at your own risk. We are not responsible for loss/damage to vehicles or contents.
18.1 Some services (e.g., personal training, physiotherapy, massage, barber, café) may be provided by contractors/tenants.
18.2 Payments to contractors are separate contracts between you and the provider. To the extent permitted by law, Ozzy Fitness is not responsible for contractor services, appointments, refunds, or disputes.
18.3 Only Ozzy-authorised trainers/contractors may operate in the Club.
19.1 We collect and use personal information to administer memberships, security, billing, and service delivery in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy.
19.2 We may share necessary information with service providers (e.g., billing provider, security monitoring, IT services) to operate the Club, subject to confidentiality and privacy obligations.
19.3 Marketing communications will include opt-out options where required by law.
20.1 Exercise risk. You acknowledge exercise involves risk, including serious injury.
20.2 ACL rights preserved. Nothing in this Agreement excludes, restricts, or modifies rights you have under the Australian Consumer Law that cannot lawfully be excluded.
20.3 Limitation of liability. To the maximum extent permitted by law, Ozzy Fitness is not liable for loss or damage arising from your use of the Club, except where caused by Ozzy Fitness’s breach of non-excludable obligations under law.
20.4 Recreational services warnings (where applicable). If your membership is subject to state-based recreational services waiver requirements (including in Victoria), the required warning wording will be provided at sign-up and forms part of this Agreement.
21.1 Updating terms. We may update these Terms and/or Club Rules from time to time. Where changes materially affect you, we will provide at least 28 days’ notice via one or more of: website notice, in-club notice, email, or SMS.
21.2 Fee increases. We may change fees by giving at least 28 days’ notice (unless a shorter period is permitted by law or is clearly beneficial/no detriment). Fee increases generally do not apply during a disclosed fixed-price minimum term, unless stated at sign-up or required by law (e.g., tax changes).
21.3 Facility changes and maintenance. We may temporarily restrict access or close areas for maintenance, refurbishment, events, or safety reasons. Fees are not automatically reduced for minor interruptions, but we may offer remedies for significant interruptions at our discretion (e.g., hold time, transfer options), subject to ACL.
22.1 We may suspend or terminate your membership if you:
(a) seriously breach this Agreement or Club Rules;
(b) allow unauthorised entry / tailgating;
(c) are in arrears for more than 30 days;
(d) provide false information or misuse access tags; or
(e) create safety risks to members/staff.
22.2 Where a breach is capable of remedy, we may provide notice and an opportunity to remedy within a reasonable time. Serious misconduct may result in immediate termination.
These Terms are governed by the laws of the State or Territory in which your Home Club is located, and you submit to the courts of that jurisdiction.
Ozzy Fitness may assign or transfer this Agreement to a successor entity (e.g., if the business is sold), by giving you notice. Your rights under ACL are not affected.
If any part of this Agreement is illegal or unenforceable, the remainder continues in force.
