MEMBERSHIPS TERMS & CONDITIONS

PLEASE READ CAREFULLY BEFORE ACCEPTANCE. Before you accept your membership agreement please take the time to read it carefully, it outlines your rights and obligations as a Surge Fitness member. Only accept your membership agreement if you understand and agree to all of the terms and conditions of this agreement. By accepting your membership agreement you agree you were given a copy of the Membership Terms and Conditions and you read through these Terms and Conditions prior to accepting your membership agreement.

Fees – “Administration Fees” means the fees payable for processing your membership. “Cancellation Fee” means the fee for terminating your agreement other than the cooling off period or because of your physical incapacity or permanent sickness. It relates to the membership or package agreement contract. “Joining fee” means the initial fee to reserve your position in the Surge Fitness membership base which entitles you to the discounted membership price structure. “Membership Fee” means the fees paid by you to allow you access to use the facilities and services stipulated in the agreement. “Unpaid Fees” means the fees stipulated in your membership agreement that you have not paid. All fees are taken in advance. “Card Fees” means the fees payable for our membership card. “Call Out Fee” means the fee associated with the Duress System/Assistance Alarm. Dishonour Fee – The fee payable by any member who knowingly brings any unauthorised non-member or guest.

Your Entitlements – (Facilities & Services) – You are entitled to use the facilities and services at Surge Fitness as stipulated by your membership agreement.

Freezing Your Membership (Not Applicable to TFW) – No fee applicable to all members outside their initial 12 month contractual term. Freeze requests can only be approved for medical or travel reasons, proof is required. A freeze fee of $3/week is applicable to all memberships within their contractual period. You may freeze your membership for a minimum of 2 weeks, and a maximum of 3 months in any 12 month period. For all members within their 12 month contract, the freeze period chosen will extend the end date of the contract by the period frozen. A 7 day notice period is required prior to the proposed freeze date.

COOLING OFF PERIOD – A 48 HOUR COOLING OFF PERIOD APPLIES TO ALL MEMBERSHIP AGREEMENTS FROM THE TIME AND DATE OF ACCEPTANCE OF YOUR AGREEMENT. ANY PAYMENTS MADE ARE NON-REFUNDABLE.

It is essential that written notice of termination is given to Surge Fitness (a cancellation of membership form must be completed) before the end of the 48 hour cooling-off period in order for the cancellation to be effective.

Your obligation – You agree to:

• Inform us in writing if there is a risk to your health if you participate in our fitness services and exercise programs; Pay all agreed fees; Ensure sufficient funds are available to cover your fees; Surge Fitness are not liable for bank charges for automatic payment attempts with insufficient funds in your account. Ensure credit card and account details are up to date.
• Scan your membership card upon entry; immediately report the loss of your membership card.
Please note: Replacement fees apply to all lost cards;
• Use of an individual towel at all times whilst exercising in all areas of the Centre;
• Wear safe fully enclosed footwear & suitable clothing; Use of inners is compulsory when using supplied gloves. Gloves & shoes must be worn at all times when using boxing equipment. Return all equipment to its place of storage.
• Use of Group Fitness Studios including Cycle & Group Fitness studio is limited to Group Fitness classes, Cycle classes and pre-approved sessions.
• Use of the High Altitude Studio is limited to High Altitude members and pre-approved sessions. A High Altitude induction must be completed by a certified High Altitude Instructor prior to admittance.
• Conduct yourself in a manner acceptable to Surge Fitness; Comply with any reasonable request from Surge Fitness personnel; Comply with notices displayed around the club;
• Use the crèche only whilst attending the club;
• Respect other members privacy; Mobile Phones are not to be used in the change rooms to protect members privacy from cameras.

Special Risks – I hereby represent to Surge, its management, associated companies, trusts, partnerships and other legal entities, their directors, officers, employees, agents and affiliates that I am physically capable of and there is no medical reason to prevent me from proceeding with the use of the club facilities without endangering my health. Please note that exercise can be physically demanding and potentially dangerous. The equipment provided for your exercise can also be a hazard to your health if it is not used in the manner as instructed. A condition of your membership is that you acknowledge and agree that: – You use club facilities and participate in club activities at your sole risk and responsibility; you will not use the facilities and services if you are not medically or emotionally fit to do so. Surge Fitness, its employees and agents are not responsible for any injury or death caused to you or loss or damage caused to your property. You will not bring any claim against Surge Fitness, its employees or agents in the event you sustain any personal injury or suffer any property damage or loss when attending the club. You will indemnify Surge Fitness for any liability, loss or damage that you or any other person suffers as a result of your misconduct, bad faith or negligence.

Assignment – Surge Fitness may assign or transfer its rights and interests in this agreement.

Complaints / Feedback Procedure – If you believe we have not met your expectations in some way and wish to lodge a complaint please adopt the following protocol: If you have a concern or complaint, please lodge your complaint in writing addressed to the Club Manager. Surge Fitness will endeavour to resolve the complaint as quickly as possible. A response to your complaint will be issued within a maximum of seven days.

Payment Plans – If a direct debit plan is in place membership fees will continue to be debited from your credit card or bank account until you formally request in writing, giving 30 days minimum notice to Surge Fitness of your intention to cancel your membership agreement or Surge Fitness cancels your membership. If you terminate this agreement or stop the automatic debit arrangement in a manner that is not described in this agreement, you are liable to Surge Fitness for all outstanding payments. All payments are taken in advance. If within contract, cancellation fees apply.

Late Payments – If any due payments are not received by Surge Fitness on the due date, you agree to pay Surge Fitness all costs incurred associated with the collection of these payments. If payments are overdue by 1 month the balance payable in respect of your membership or package agreement is due and payable in full.

Special Fees & Conditions – Direct Debit Memberships: Cancellation fees Peak & Off Peak, corporate, 6 Month, Business Access, seniors & child memberships $375; Cancellation fee High Altitude $500, Cancellation fees Flexi Plan $0; High Altitude training induction $49; Replacement membership card $25; Failed/rejected payment fee $3; Misuse of Duress Alarm System &/or emergency exits $150 fee; Dishonour fee $200; Crèche $3 per child per maximum of 1.5 hours; Crèche $5 per child per maximum of 2 hours; any increase in the G.S.T rate; all costs incurred by Surge Fitness as a result of your default under or in breach of this agreement. All membership amendments must be completed at home club. All upfront memberships are nontransferable and non-refundable. Cancellation policies only apply to direct debit.

24/7 Special Conditions

Member Induction – I understand and acknowledge that the initial introduction and member induction are an important and essential requirement prior to using Surge Fitness facilities. A High Altitude induction must be completed by a certified High Altitude Instructor prior to admittance.

Emergency Exits – I understand that the emergency exits are alarmed, should not be tampered with and only used for emergency purposes. By signing this agreement I acknowledge and agree to pay in full the call out fee of $150 and agree to reimburse the club via direct debit, if used for any other purpose than emergencies.

Duress System / Assistance Alarm – I understand that the Duress System/Assistance button is for emergency purposes only and should not be tampered with or for any other purposes. By signing this agreement I acknowledge and agree to pay in full the call out fee of $150 and agree to reimburse the club via direct debit, if used for any other purpose than emergencies.

Assumption of Risk / Injury and waiver of Claims – I understand and acknowledge that all Surge locations are unsupervised fitness centres and no employee is present or on site to help or assist me in using the equipment or to provide advice on exercises or training parameters. I acknowledge that I will not hold the club responsible for and the club hereby excludes, to the extent permitted by law, all liability for any personal injury or damage whether direct, indirect, special or consequential suffered by me or loss of property by me while I am on the club premises or arising in any way out of the use of the facilities and equipment provided by Surge clubs and locations, however that injury, damage or loss is caused, including if it is caused by negligence of the club. I acknowledge that the club gives no warranties in respect of the facilities and equipment it provides. I hereby release and will indemnify and keep indemnified the club for any injury or loss suffered by me while on the club premises.

Non Members / Guests – I understand that I may bring a non-member or guest during staffed hours. I will not allow any non-member access or use of my membership card and I understand and agree to pay in full the $200 dishonour fee. I am liable for all damage that I, my family members or guests cause to the equipment or infrastructure and agree to reimburse the club via direct debit.

Access Rights / Memberships – Peak DD, Peak Advanced, Business Access, 6 Month, FIFO, Flexi-Unlimited access to all sites, excluding High Altitude Studio. High Altitude-Unlimited access to all sites. Corporate, Seniors, TFW-Unlimited access to home site, excluding High Altitude Studio. Off Peak-Home club access between 8am-4pm Mon – Fri, 7am-4pm Sat, 8am-1pm Sun excluding 247. Kids, Juniors-Unlimited home club access, including 247, only under the supervision of an adult member, excludes High Altitude Studio. 247 access allowed after completion of induction at home club.

Juniors Memberships – By agreeing to the membership terms & conditions, I herby understand that my weekly rate will increase to the Surge Corporate rate upon the date of me turning 18 years of age.

Kids Memberships – By agreeing to the membership terms & conditions, I herby understand that my weekly rate will increase to the Surge Corporate rate upon the date of me turning 16 years of age.

Use of other Surge Fitness Clubs – I understand and agree that I am aware of my access eligibility with regards to the membership type I have chosen.

Advanced Membership Renewal Fee – Surge Fitness will request a renewal fee if a persons membership lapses beyond 30 days from their expiry date.

Surge Obligations to You – Surge Fitness will endeavour to provide the facilities and services as agreed in your membership agreement. Surge Fitness reserves the right to change facilities, classes and services without notice. These Facilities and services can include: Group fitness classes, Cardiovascular and Resistance training Facilities, Ladies Exclusive studio, Personal Training, Circuit classes, Spin bike classes, Toilets, showers and change room facilities.

Payment Plans
If a direct debit plan is in place this will be an ongoing membership agreement. The agreement will continue until either you or the supplier terminate in the way described in this agreement. If an automatic debit arrangement is in place, membership fees will continue to be debited from your credit card or account until you or Surge Fitness cancels the agreement by notifying your bank or credit provider. If you terminate the agreement or stop the automatic debit arrangement in a manner not described in this agreement, then you may be liable to Surge Fitness for damages for breach of contract.

Cancellation of the Agreement Following Completion of Contract Term – You may cancel your direct debit membership agreement only by utilizing the following procedure:
• Surge Fitness requires that a cancellation of membership form be completed at your home club.
• An exit survey must be completed between the member and a Surge representative.
• Direct debits will continue until the cancellation form to terminate your membership agreement is completed and signed.
• Cancellation fees apply.
• You must give a minimum period of 30 days written notice of termination. If any payments are due during this 30 day period they will be deducted as and when they are due. Surge Fitness will respond to a request to terminate your membership agreement within 7 days.
• If you can not use Surge Fitness facilities and services as a result of your permanent sickness or physical incapacity – you are required to provide a medical certificate stating you can not use the facilities or services because of your permanent sickness or physical incapacity; All upfront memberships are nontransferable and nonrefundable. Cancellation policies only apply to direct debit.
• Cancellation Fees – The fees you must pay if you terminate this agreement.
• If you terminate within the cooling off period, you must pay any unpaid fees from the start of this agreement to the date of termination (Joining and/ or administration fees will not be refunded);
• Cancellation within contract term – cancellation fees apply.
• If you terminate after the term of membership or package is completed you must pay any unpaid fees from the start of this agreement to the date of termination.

Surge Fitness may terminate this agreement if;
• You fail to pay the agreed fees.
• You behave in an unacceptable manner in the opinion of Surge Fitness & or fail to comply with a reasonable request from Surge Fitness.
• The Club’s facilities are no longer available, safe or to the required standard in the opinion of Surge Fitness.
• There is a risk to your health if you participate in the services offered by Surge Fitness in the opinion of Surge Fitness.

Surge Fitness reserves the right to refuse entry to any person, including members.

What happens to the fees if Surge Fitness terminates this agreement?
• Debit plan membership or package contracts will cease to be debited from your credit card or bank account from the date of termination within 72 hours of notification.
• Payment in advance members or package holders will have their monies refunded for the balance of the period of their membership or package if the Surge Fitness facilities are no longer available, safe, or to Surge Fitness required standards.
• In all other cases Surge Fitness will not refund any fee to you.

Changes in Terms & Conditions – Surge Fitness reserves the right to change these terms and conditions at any time, including but not limited to access rights, membership types and special fees & conditions. Any changes that affect you and/or your membership will be provided to you in writing.

Breach of Agreement – Surge Fitness reserves the right to terminate this agreement without refund or relief from payment outstanding, if your behaviour, conduct, dress or use of equipment and services is reasonably considered by Surge Fitness to be in breach of this agreement.

About these Terms & Conditions – These terms and conditions form the entire agreement between Powerbase Holdings Pty Ltd, in these terms referred to as Surge Fitness, and you or your parent/guardian if you are under 18 years of age.

Acceptance of these Terms & Conditions – You may accept these terms and conditions by signing this membership agreement in 1 or more of the places referred to above. If you do not sign or acknowledge this membership agreement in any of the places referred to or as otherwise provided for or requested by Surge Fitness you will be deemed to have accepted these terms and conditions by your (or your child’s in circumstances where the agreement is with the parent/guardian) conduct in attending at and/or using any Surge Fitness club or facility after these terms and conditions have been provided to you or brought to your attention, including by email to your nominated email address. In all of those circumstances you will be deemed to have accepted these terms and conditions and they will apply to your membership as from the date they were provided to you.