Welcome to Prime Athletica! To ensure that we can provide a safe and comfortable environment for all members and staff, please assist us by complying with the following conditions. We advise you to only accept this membership agreement if you understand and agree to abide with these conditions. The information outlined in these terms and conditions can and will be used in the event of a discrepancy.

1. INTRODUCTION

By acknowledging the agreement you acknowledge and agree:

• you are medically sound to undertake a normal course of exercise, you use Prime Athletica’s facilities at your sole risk and responsibility and you are aware that exercise is physically demanding and participation in some activities may pose a risk to your health; and

• this agreement also relates to your authority to Stripe, GoCardless or other debiting agents nominated by Prime Athletica from time to time to directly debit the nominated bank account or credit card for any installments or fees due under the terms and conditions of this Agreement and your membership.

2. DEFINITIONS

In this Agreement unless the contrary intention appears:

• The singular includes the plural and vice versa.

• A reference to a party includes that party’s legal personal representative, heirs and assigns.

• “Club’’, “we” and “us” refers to Prime Athletica Pty Ltd ACN 6 2120 9827.

• “You” and "Member" refers to the name in which the membership account has been created, which at times may differ to the party paying for the membership, and includes the parent or guardian of the Member if the Member is under 18 years.

• “Website” means the Prime Athletica website www.primeathletica.com.au or other websites as notified to Members from time to time.

3. CLUB ACCESS

• All class participants must book in their class spot via the online booking system found on the website and/or the Prime Athletica app.

• All members and casual visitors to Prime Athletica are required to complete a Physical Assessment Readiness Questionnaire (“PARQ”) and otherwise comply with the terms stipulated in this document.

• Prime Athletica reserves the right to refuse entry due to unpaid or outstanding membership fees as detailed in this agreement.

4. GENERAL CONDITIONS OF ENTRY

To assist us in maintaining a safe and comfortable environment for all members and staff, you are required to abide by the following conditions. Failure to abide by these conditions may result in the suspension or termination of your membership.

ENTRY: Entry will be refused or you may be requested to leave Prime Athletica if:

• you are using abusive or threatening language or behaving in a threatening way; or

• you are under the influence of drugs or alcohol; or

• you instruct other members when Prime Athletica has not authorised you to do so; or

• you behave in another way that is considered by Prime Athletica to be risky or seriously inappropriate.

NON-SMOKING: Prime Athletica is a non-smoking facility.

DRESS CODE: Fully enclosed, clean sports shoes must be worn during workouts for safety reasons. Clothing must not have any offensive prints or designs for the consideration of other members.

TOWELS: You are required to use a towel when participating in classes and when exercising on gym equipment to maintain hygiene and safety standards. You may be requested to stop training if you do not use a towel. You can hire a towel at reception for $5.

ILLEGAL ACTIVITIES: No illegal activities are permitted in the Club, including but not limited to the use or sale of steroids or performance enhancing drugs.

CHILDREN: Minors under the age of 18 years may be eligible for a membership subject to Prime Athletica’s Age Policy (as stipulated below) and the following general terms and conditions:

• the minor must attend a safety induction in order to be granted access to the club;

• the minor must comply with all safety requirements of the club as communicated to the member from time to time;

• the minor’s membership may be cancelled for any inappropriate behaviour, misuse of equipment or failure to comply with safety requirements;

ALLOWING US TO USE YOUR IMAGE: 

We sometimes film or photograph the club so it is possible you will appear in the resulting film or imagery. By signing this agreement, you allow us to use your image in promotional and other business-related material, unless you implicitly communicate otherwise to management.

5. USE OF EQUIPMENT

For the safety of you and others, please follow all equipment operating and
safety instructions on the equipment. If you are not sure of correct use or operation of equipment, please seek assistance from a Prime Athletica team member. You are required to return equipment to their original state when you have finished, including:

• return weights and bars to their rack;

• unload plates from machines and bars;

• return equipment to its storage location.

As a courtesy to other members, please use a clean towel when using equipment and remember to wipe down your equipment and weights with the antibacterial wipes provided, once you’ve finished using them.

Prime Athletica reserves the right to make changes to:

• exercise equipment supplied in its Club, at any time or

• the Group Fitness timetable at any time (i.e. alter class type, times and instructors).

6. LOCKERS, VALUABLES AND LOST PROPERTY

• Lockers are available and are located in reception and on the first floor for group fitness classes, however lockers are not security devices.

• Prime Athletica management, employees and contractors are not responsible for any loss of, or damage to, personal property from the Club or a locker, and Prime Athletica recommends that you keep all valuables with you while using the Club.

• Bags are not permitted on the gym floor for safety reasons.

• Personal items are not permitted to be stored in lockers overnight, and lockers are cleared daily. Any items remaining in lockers or handed into
  Reception will be held for two weeks and then donated to charity.

7. VISITOR OBLIGATIONS 

Visiting Prime Athletica requires you to:

• Comply with all of the guidelines in this agreement.

• Inform us in advance if there are any risks to your health if you participate in fitness services and if required seek approval from your Doctor or General Practitioner.

8. CLASS CANCELLATION POLICY 

All classes require you to reserve your spot. Our cancellation window for all classes is 3 hours. All class reservations cancelled outside of this 3 hour window will incur no penalty and your class credit will be returned. All casual visitors either on 10x class packs or pay per visit will forfeit their session if they cancel or are absent from a reserved class within the 3 hour window.

9. CASUAL CLASSES, CASUAL GYM VISITS AND 10x CLASS PACKS

• If you are using the Club casually or on a 10x Class Pack, you are still required to fill out a Physical Assessment Readiness Questionnaire prior to training. You can find this at www.primeathletica.com.au/parq

• If you are using the Club casually, you are required to make upfront payment at reception for your visit.

• If you are visiting for a casual class, you are required to book online via our website or app, "Prime Athletica" or, through reception.

• All 10x Class Packs have a 6 month validity after which, any remaining credits will expire.

• 10x Class Packs cannot be suspended.

• You agree to comply with all applicable terms stipulated in this document.

10. CCTV

• You acknowledge and understand that Closed Circuit Television is installed in all common areas of the club as a safety measure for team member, member and contractor safety, and crime and misconduct prevention.

• You consent to being filmed under CCTV for these purposes and understand that Prime Athletica will only use and store your image in accordance with the Privacy Act 1988 (Cth).

11. DAMAGE & PERSONAL INJURY

To the extent permitted by law, Prime Athletica excludes any liability to the Member in agreement, tort, statute or in any other way for any injury, damage or loss of any kind whatsoever (including, without
limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by the Member and/or any other person. Or, for any costs, charges or expenses incurred by the Member, arising from or in connection with this Membership Agreement and/or the services/products provided by Prime Athletica, and/or any act or omission of Prime Athletica.

12. SAFETY, MAINTENANCE & SERVICE DEMAND

From time-to-time Prime Athletica may be required to make changes to the operation of the premises, these may include:

• Changing the operating hours to suit demand.

• Changing the availability of facilities or services within the Club.

• Closing off part of the premises or equipment for maintenance or safety reasons. 

• Changing General Conditions of Entry. Where this occurs, Prime Athletica will provide reasonable notice via email and/or the Prime Athletica app, at reception, our website and/or social media accounts.

13. PRIVACY

• Your “personal information” (as that term is defined in the Privacy Act 1988 (Cth)) will only be used by Prime Athletica, Stripe, GoCardless, Square and Glofox in accordance with the provision of their Privacy Statements.

• Glofox’s Privacy Statement can be obtained from its website www.glofox.com/privacy-policy

• Stripe’s Privacy Statement can be obtained from its website www.stripe.com/en-au/privacy

• GoCardless’s Privacy Statement can be obtained from its website
  https://gocardless.com/downloads/legal/privacy-policy-v0417-1.pdf

14. ENTIRE AGREEMENT

This Agreement, the DDR Service Agreement (if paying by Direct Debit), and any Special Terms & Conditions listed on the website constitute the
entire agreement, understanding and arrangement (express and implied)
between the Member, Prime Athletica, Glofox and its partners relating to
 the subject matter of this Agreement and supersedes and cancels any
previous agreement, understanding and arrangement relating thereto
whether written or oral.

The issuer of the billing service is Stripe (ABN 32 095 551 581) and GoCardless (ABN 17 606261 741), as part of Glofox (ABN 34 631 221 951), on behalf of Prime Athletica.

AGE POLICY

Summary

This policy outlines the permitted membership, access/club entry, equipment usage and program participation provisions for underage members or minors.

Definitions

Contractor: Including but not
limited to; Personal Trainers/ABN Rental Trainers. Legal Guardian: The
person legally recognised as the primary caretaker of the minor (if not
the parent of the minor). Minor: A member, casual visitor or guest under
 the age of 18. For the purposes of Table 1.1, ‘minor’ is in reference
to the age range stipulated in applicable line of the table. Team
Member: A person who is employed by Prime Athletica Pty Ltd under a
Contract of Employment.

Application

What is the Policy?

The following policies are to be followed at all times when allowing an underage person access to the club:

• Membership is permitted only with the consent and signature of the minor’s parent/legal guardian on all membership contracts, pre-exercise questionnaires, guarantor forms and waivers. 

• If a minor wishes to redeem a free trial pass, casual visit, guest pass or the like, a full PARQ must be completed and signed by the minor’s parent/legal guardian before entry to the club will be granted, and access / usage conditions are as set out in this policy.

• A face-to-face induction with Management or an appointed Personal Trainer must be undertaken prior to any permitted use of the club facilities. The minor cannot opt out of the induction, and the minor’s parent/guardian must be in attendance for the entire induction.

FREE TRIAL TERMS & CONDITIONS

1. The “Free Trial” offer is limited to one Free Trial per person and is
valid for first time Prime Athletica users only and given at the sole
discretion of Management.

2. The Free Trial offer can be used to redeem one free gym visit and/or one free class. Unless expressly stated on the Free Trial, a Free Trial does not include any additional products or services such as personal training.

3. This offer cannot be used in conjunction with any other offer and it cannot be redeemed for cash. 

4. Prime Athletica shall not be liable for any claim, loss or damage whatsoever which is suffered (including but not limited to indirect or
consequential loss) or for personal injury which is suffered or
sustained, except for any liability which cannot be excluded by law and
the user of the Free Trial indemnifies the Prime Athletica in relation
to any claim, loss or damage whatsoever which is suffered (including but
 not limited to indirect or consequential loss) or for any personal
injury which is suffered or sustained.