1. The agreement between You and Elite comprises your Membership document you signed and
   these Terms and Agreement. While Elite may engage Debit Success, which is a third party, to
   administer the collection of your membership fees, any arrangements made between You and
   Debit Success are separate from and do not form part of this Agreement.
2. It is important that you have read and understood the Terms and Conditions of the Agreement
   before signing your membership form. If you have any questions, please ask before signing.
3. If you are 14 -17 years old, a parent or guardian will need to sign your membership form giving
   their permission for you to become a Gym member. Your parent or guardian will be responsible
   for:
   3.1 Your obligations under the Agreement;
   3.2 Ensuring your payments due under your membership is paid up to date; and
   3.3 Any communications with the Gym regarding your membership as the authorised
   person unless they authorise another person (including you).
4. If you are 14 – 15 years old, a parent / guardian or someone who has been approved by your parent / guardian must accompany you during your session at the Gym but not necessarily use the Gym.
5. You agree to participate in all activities at your own risk and responsibility, whether supervised or not by Elite staff or Gym instructors.
6. We may need to adjust the availability of certain facilities and equipment at the Gym including for the purposes of cleaning, improvement work, modifications, repairs, upgrades, maintenance, special functions, change in availability of Gym instructors and holidays. You may not terminate your membership or seek a reduction in membership fees for such matters.
7. In the unlikely event that we close the Gym, your membership will end on the date the Gym is closed.
8. Please ask at reception if you would like information about our personal trainers. Please do not bring your own personal trainers to our Gym as they will be denied entry.
9. You agree to read and adhere to all Gym Rules as listed on our website and displayed in the Gym. If you do not comply, we may ask you to leave the Gym, deny you access to the Gym or terminate your membership.
10. We reserve the right to make reasonable amendments to these Terms and Conditions from time to time. The most up to date Terms and Conditions will always apply.

1. Your membership entitles you to use the Gym as per the type of membership you have chosen.
2. Your membership lasts for the minimum term stated in your Membership details and will automatically continue after the minimum term unless your membership is terminated in accordance with Clause 3 under Termination.
3. 12 Month Term memberships, once ended, will automatically switch to the respective month by month option, unless you request to enter into another 12 month term.
4. All memberships will incur a joining fee, payable with first payment.
5. You may not transfer your membership to another person.
6. Your membership tag allows you entry into the gym and cannot be used by another person or member. If your membership tag is used by another person, we reserve the right to suspend or terminate your membership at our discretion.
7. You are responsible for the loss or damage of your membership tag. A replacement due to such will incur a fee of $29.95. If however, the tag is found to be faulty, a replacement will be given at no charge.
8. Tailgating: You must not permit any other person to enter the gym or to use the Facilities and Services, whether a member or not.  A breach of this clause will incur a fee of $65.00. You will be automatically charged this amount using your payment details provided and we may immediately cancel or suspend your membership in our absolute discretion.
9. You must not intentionally activate any duress buttons or signals without having reasonable cause to do so. A breach of this clause will result in the payment of costs incurred by the gym in the amount of $200, which you agree is a reasonable estimate for the costs incurred as a result of this breach.  You will be automatically charged this amount using your payment details provided and we may immediately cancel or suspend your Membership in our absolute discretion.
10. You must keep us up to date with your contact details by informing us in writing of any changes to your Membership Details. In the event that we do not receive any notification from you and your contact details change, notice given by us to the email address we have on our records for you will constitute valid notice to you. We may transfer our rights and obligations (or both) under this Agreement, or subcontract our obligations under it, to another organisation without giving you notice and your membership will continue.
11. We collect personal information from you to provide you with our services, to administer your membership with us and other purposes for business promotion. In most cases, we collect your personal information directly from you. Should you default on payments due to us, we may disclose your personal information by notifying the default to a credit reference agency or other third party to obtain payment from you.
12. If you have any concerns about the Gym or anything else in relation to your membership, you should raise it with Elite staff.
13. You warrant that the information you give us is true and accurate and not misleading in any way.

1. You are personally responsible for payment of membership fees to us and any other ongoing payments as they fall due. Your membership fees are due for the whole of each billing period even if your membership is terminated during that billing.
2. The first billing period starts following your membership start date set out in your Membership Details.
3. You will not be allowed to access the Gym if your membership fees remain outstanding. We will collect any outstanding amounts and any charges we incur from late payment through your payment/Debit Success authority form.
4. By signing this Agreement, you agree that you will maintain sufficient cleared funds in your nominated bank account or credit card for each debit payment to be successful.  Failure to do so will incur a default fee of $29.95 per default, which is in addition to the defaulted debit payment on your membership.  If Debit Success has not received instructions to the contrary from you, we will debit both the next due payment and any overdue amounts on your next scheduled debit date.
5. You authorise Debit Success to notify any debt collection or credit reporting agency upon default by you in meeting your payment obligations under this Agreement.
6. You may be liable for any costs associated with the recovery of your overdue account, which may include, but is not limited to the following: legal fees, interest, and any fees from our preferred debt collection agency.
7. We review our membership fees periodically and may change them from time to time. This may result in an increase to your membership fees.  If you do not wish to accept an increase in membership fees, you may terminate your membership in accordance with Clause 3 and 5 under Termination.
8. By not terminating your membership, you accept any duly notified revised membership fees, effective from the date of change and your direct debit payments, Debit Success authority or credit card payments will be amended accordingly.

1. Membership Suspensions will be assessed on a case by cases basis with the requirement being you are able to provide Elite with a medical reason as to why you are unable to attend the Gym.  We require a medical certificate stating the circumstance and a time frame for how long you will not be able to attend the gym.
2. If granted, your membership may be suspended once per calendar year for a minimum of 2 weeks and a maximum of 24 weeks. Your membership cannot be suspended for only a part of any billing period. You can notify us at any time that you would like to suspend your membership at least 3 business days prior to the start of the first billing period you wish to suspend from. You will not be able to use the Gym while your membership is suspended.
3. If suspending within your minimum membership term, your minimum term will be extended according to the number of weeks your membership is suspended.
4. A suspension on your membership will incur a fee of $4.00 per week for every week your membership is suspended.

1. We may terminate your membership immediately by email and/or post at the email or contact address we have on our records (see clause 7 under About Your Membership):
   33.1 If you breach this Agreement;
   33.2 If any part of your membership fees remain unpaid 28 days after falling due;
   33.3 If you provide us with membership details which you know to be false and these false details may have affected our reasonable decision to grant you membership.
2. If we terminate your membership for any of these reasons, we may (without limiting any other right or remedy) recover any other reasonable costs and expenses we incur as a result of your breach and to collect the full amount of membership fees for the remainder of the billing period and any arrears. We may use a third party apart from Debit Success to assist in the collection of outstanding fees.
3. You may terminate your membership after minimum term by providing us with 14 days notice at least 3 days before the date of the next billing period and by completing a cancellation form at the Gym.
4. Upon cancellation of your membership, you will be required to return your tag to the gym.  If we do not receive your tag before the last date of your final payment, a charge of $30 will be deducted along with your final payment.
5. If you terminate your membership within the minimum term stated on your membership form, you will be required to pay the balance of fees owing to the end of the minimum term, including any fees in arrears.
6. If you wish to terminate your membership within the minimum term due to a permanent disability or long term injury that will not be recuperated before the end of your term, a medical certificate must be provided stating the nature and duration of the disability or long term medical issue.

1. Exercising and using Gym facilities may involve the risk of injury and you do so at your own risk.
2. By using the Gym services, you agree that you are medically fit and have sought and received the relevant and necessary medical advice from a medical practitioner, both before and during the course of any exercise program or other activity at the Gym whatsoever.
3. You must not use the Gym and/or services if you are suffering from any illness, disease, injury or other condition that could be a risk to your health or safety or that of other members.
4. We do not recommend using the sauna, steam room and relaxation area if you are pregnant.
5. You agree to monitor your physical condition at all times and exercise to a level that is appropriate given your knowledge of your health and any medical advice you have obtained. If any unusual symptoms occur, immediately stop what you are doing and notify an Elite staff member.
6. You warrant that the information you give us is true and accurate and not misleading in any way.
7. We may suspend or terminate your membership if we have reason to suspect that you have not complied with Clauses 2– 6 of For your Health and Safety.

1. 1. If you test positive with COVID-19, you must:

1.1 Inform our gym immediately by phone or email
1.2 Not attend our gym and isolate according to current NSW Governement health rules
1.3 Provide a negative COVID-19 result 48 hours before returning to the gym and after completion of any isolation period as per item 1.2 (above).

1. 1. 1. If we fail to enforce any of our rights at any time, for any period and for whatever reason, this will not take away those rights and it does not mean that we may not do so in future. Also, if we fail to notice or act if you breach any of the terms of this Agreement, this does not mean that your behaviour is acceptable.
      2. We are not responsible if members cannot use the Gym because of an event beyond our reasonable control (such as fire, flood, epidemic or pandemic) or a road or building closure or something similar. Such events do not provide grounds to seek a cancellation of your membership or a reduction on membership fees for any period of time.
      3. In the course of exercising or engaging in any activities whatsoever while using the Gym, you are injured or killed, we will not be liable except to the extent caused by our gross negligence. In this clause, gross negligence is defined in Clause 4 of Legal stuff you should know.
      4. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission.
      5. You acknowledge that you are aware of the inherent risks of injury or ill health resulting from use of the services of the Gym and from participation in exercise generally. In consideration of participation in activities within the Gym, you agree to release, hold harmless and/or indemnify Elite and/or the Gym from and against all actions, which may be brought about by you or on your behalf in respect of any incident arising out of injury, loss, damage or death caused to you or your property in any way whatsoever.
      6. You agree to participate in all activities at your own risk and responsibility, whether supervised or not by Elite staff or Gym instructors.

Everyone at the Gym must follow the Gym Rules.  If these rules are not followed, we may ask you to leave the Gym, deny you access to the Gym or terminate your membership.

Please note that these Rules may change from time to time.

A current version of Rules can be found on our website.

By joining the Gym, you agree to follow the Gym Rules.

General

1. 1. 1. Non-members are welcome to our Gym upon payment of our casual fee.
      2. Carers may attend the Gym with a member in their care provided they do not use any of the facilities or services at the Gym.
      3. Lockers and cubby holes are available for use during Gym hours (not overnight). Please use them to store your personal items and to keep the Gym floor clear of loose items.
      4. Members below the age of 16 must be accompanied by a parent or guardian at all times.
      5. Members are not permitted to touch any electronic equipment in the Gym, including TVs, stereos or fans, without permission from a member of staff.
      6. No food may be consumed on the Gym floor or in the group fitness studio. Drinks are allowed if in a closed plastic bottle or container.
      7. Consumption of alcohol, illegal substances or performance-enhancing substances is strictly prohibited at the Gym.
      8. Smoking is prohibited anywhere inside the Gym or around the entry or exit points to the Gym.

Gym etiquette

1. 1. 9. Appropriate exercise clothing or gear must be worn at all times while exercising at the Gym.
      10. Exercise in the Gym is not permitted without a large towel. Please be mindful of other members and wipe down any equipment after use.
      11. Please return all weights and equipment to their proper place after use.
      12. Only use equipment for its intended purpose and follow any instructions provided. If in doubt, please ask our friendly staff for help.
      13. All members and non-members are responsible for any damage they cause to Gym equipment or our facilities.

Health & Safety

1. 1. 14. If you are new to the Gym or are returning to the Gym after some time, please talk to your doctor before using any equipment, participating in any classes or services offered at the Gym.
      15. Do not open any fire doors or fire exits unless there is an emergency.
      16. Please follow any health and safety notices displayed in the Gym. If you are hurt or injured, please let a staff member know so they can assist you.
      17. In an emergency or when an announcement is made, remain calm and follow staff members’ instructions at all times.
      18. The Gym is under CCTV surveillance at all times. Any theft or misappropriation of equipment will result in you being asked to leave the Gym immediately and your membership may be suspended or cancelled.

Respect our staff and other members

1. 1. 19. Always respect other Gym members, guests and staff members.
      20. Please be courteous to other members by keeping noise to a minimum and not otherwise disturbing others.
      21. Respect the privacy of other members by not taking any photographs or videos of the Gym.
      22. We have a strict non-violence policy. Poor or offensive behaviour toward a member of staff or other members will result in you being asked to leave the Gym immediately and your membership may be suspended or cancelled.

Sauna & steam rooms

1. 1. 23. Members below the age of 16 are not allowed in the sauna or steam room.
      24. For your own health and hygiene, we strongly suggest all members shower before entering the sauna or steam room.
      25. When inside the sauna or steam room, please sit on a towel, do not shave, do not use oils, creams or cosmetic products and do not attempt to dry clothing.
      26. Please do not wet the hot coals as our saunas are dry saunas!

Parking

1. 1. 1. Parking is available for members and guests while using Gym facilities. Please note we are not liable for any loss, theft or damage which might occur in the parking area.

1. Do I need to book for the steam room or sauna?

No.  All are welcome.  We just ask that everyone is respectful of others when using the steam room and sauna.

2. Can I sign up on line?

Sure you can if you are over 16 years old. Just go to our membership page on our website and choose the type of membership you want.  Once you have signed up, an email will be sent to you advising of your next steps.

3. Who can I contact if I have any questions?

You can send an email with your queries to info@elitefitness.net.au or call one of our staff on 02 8824 7565 during our staffed hours.  Please see our contact us page for our staffed hours.

4. Do you have a minimum age for memberships?

We do.  You must be at least 14 years of age to sign up as a member.  Between the ages of 14 and 16 years, a parent or guardian must sign a guardianship form.  You can only sign up by attending the gym in person with your parent or guardian.  Every visit to the gym must be accompanied by a parent or guardian aged 18 years or older.

5. I have billing errors or need to change my account details. Who can I contact?

You can contact our billing partner Debit Success on 1800 917 476 for any billing or payment enquiries.

6. Are you open 24/7?

Afraid not.  Please see our opening hours on our website under “Contact Us” tab.

7. Do you have other club locations?

No, sorry.  We are only based in Bella Vista.

8. Do you offer free trails?

Yes. We offer free 7-day trials for new visitors to our gym.  Please speak with one of our staff.

9. Do you have a casual fee?

Yes – $25.00 per visit.

10. Do you have group classes?

We certainly do.  You must be a group fitness member to be able to book for our classes. Please see our timetable on our website for class times.