Legal

Membership Types and their respective time commitments are:

RUBY: Month to month
DIAMOND: 3 month Paid in full

Minimum Commitment: If you have chosen a Auto debit membership type, your membership will continuously auto-renew for a further two week period after your minimum term unless you terminate your membership according to the Termination Procedure outlined in this document. Please see End of Membership Section for details on how to terminate your membership.

Prepaid Memberships (Diamond):  If you choose to pay for your membership in advance (Diamond) you must pay for a minimum period of 3 months in full. This is not refundable or transferable and will expire automatically at the end of the term.

Cooling Off Period: After applying for membership, you have a seven-day period (“Cooling Off Period”) during which you may cancel your membership. Notice must be given in writing. Upon cancellation under this clause, a refund of 50% of the monies paid may be applicable and access to the club will be denied. Refunds will be made by EFT. No Cash or cheque refunds will be issued. If you terminate your Agreement after the Cooling off Period, different conditions will apply as outlined under ‘end of membership procedures’.

Fee increase: We reserve the right to increase your fees at any time after the minimum period of your agreement has ended.

We will make a reasonable effort to tell you about this at least 28 days beforehand by writing to the address you last gave us (which may be an email address). We will consider that you have received our letter or email on the second business day after it is sent. Where we have made a reasonable effort to let you know about a fee increase, you authorise us to increase any debits from your nominated account.

Termination Procedures: All termination requests require two weeks’ notice for intent to terminate. Any unused portion of your membership is non-refundable. You may terminate your membership by emailing info@blacklabelgyms.com.au, please include your full name and date of birth on all communication regarding intent to terminate. All outstanding debt must be settled prior to Termination requests being actioned.

Termination of auto debit memberships: The ‘end date’ on your membership is the minimum term that you are committing to a membership, your membership will not automatically end after this time. Your membership will automatically continue on a month to month basis. Should you wish to end your membership, you must terminate your membership with Black Label Fitness. 

Termination on expiry of prepaid memberships: If you have a Diamond membership (prepaid) it will terminate automatically upon expiry of the membership.

Payment of Fees (direct debit memberships):

Starting your Membership: As part of the signup process, you are required to pay your initial fortnight plus any joining fee upfront. Your regular fortnightly membership fees will automatically begin 2 weeks thereafter and will continue until you terminate your membership with Black Label.

• You pay fees for ongoing memberships in advance each fortnight, by direct debit from a bank account or credit card. The date of debit will be determined by the day you sign up.

• Any bank fees charged to us because of a rejection when collecting your due membership fees, will be charged directly to you by us.

• Billing is performed by a third party company and we are not responsible for any errors that may occur.

• If a membership fee payment remains outstanding, you agree that, unless we are in breach of our obligations under the Agreement, we may continue to debit the nominated credit / debit account for the total amount due without notice to you.

• If an Ongoing Agreement has been chosen, a pro rata charge for Membership will be made at the time the Membership application is accepted by Black Label. This charge is based on the number of days between the Membership Start Date and the First Auto Pay Date shown on page one of this Agreement.

• Fortnightly Dues are payable in advance.

• For multiple memberships, the primary member will be responsible for the payment of Dues for all associated Memberships.

• If you fail to pay your Fees by the due date, Black Label reserves the right to refuse entry to any Black Label facilities until such outstanding payment is received.

• If for any reason payment of the Member’s Fortnightly Dues is declined by Member’s credit card/bank account a fee of $15 per due payment may be charged by Black Label and will be payable by Member.

Outstanding Payments: As a result of outstanding debt, Black Label reserves the rights to refer overdue amounts to an external collections agency. In the event of payment defaults you will be liable to Black Label for all outstanding monies due and will be liable to pay Black Label debt recovery expenses and legal costs.

Refunds: Except as provided in this Agreement all monies are non-refundable.

Damages / Personal Injury: You are aware that your use of the premises and its facilities and your participation in the classes, use of any equipment provided by the supplier and programs conducted by Black Label may involve strenuous activity and risk (special or otherwise) associated with such use and participation.

You release Black Label and its directors, employees, contractors and agents from all liability and responsibility whatsoever. This includes personal injury, property damage, or death however caused, but not limited to the negligence (whether passive or active) of Black Label or its’ staff or any other person using the premises. Please refer to the Civil Liability Act 2002 for more information. (www.legislation.nsw.gov.au).

Right of Exclusion: We can refuse entry to Black Label, cancel your membership and / or terminate the Agreement without warning or notice for inappropriate, threating or harassing behaviour, damaging equipment or facilities, or use of illegal or performance enhancing drugs in Black Label. You may not conduct, promote, or solicit other business in the Club without prior permission of Black Label management. No refunds will be issued.

Risk Management: Certain areas of the club carry increased risk to your health. You ensure that you are able to enter these areas without risk, before doing so. You understand that Black Label does not manufacture fitness or other equipment, but purchases / leases equipment. You understand that Black Label is providing recreational services and is not liable for defective products.

Responsibility for Damage: You are solely responsible for any damage which you may cause to Black Label, its facilities, services, products or equipment, if such damage is caused by your willful act and / or negligence.

Disclosure of your Physical Condition: Provision of a safe and effective exercise program is dependent upon accurate health and fitness profiling. It is your responsibility to seek medical clearance prior to commencing any exercise program. You agree to disclose to us all relevant personal health and fitness information both prior to and during engagement in any exercise program, service or facility we provide to you, as part of your membership. This is inclusive of any health risk assessment, initial and periodic fitness assessment and relevant information or recommendations provided by your medical practitioner. You further warrant and represent that you will not use Black Label or any of our facilities, services or products whilst you are suffering from any infections or contagious illness, disease or other ailment or whilst you are suffering from any physical ailment such as open cuts, or sores, or minor infections where there is a risk, however small, to other members and guests. We reserve the right to refuse entry or terminate memberships based on health reasons for the safety of our members.

Change of Details: You must keep us promptly informed of any changes of address, phone contact numbers, email address, bank account and credit card details for payment and any other personal information that is relevant to your membership with us.

Interruption of Services: As a result of repair, maintenance, public holiday, or special occasions, Black Label may be required to restrict the use or temporarily close or halt Black Label activity from time to time. There will be no reduction, suspension, abatement, or apportionment of membership fees or other charges during such time when the above-mentioned occurs. Black Label hours of operation may be modified from time to time without prior notice to Members. Black Label reserves the right to change the facility from time to time, to eliminate or add facilities and services, and to change the type or quantity of equipment and services. Black Label may from time to time reserve the use of its facilities for special events, competitions and private functions.

Relocation & changes: You acknowledge that Black Label reserves the right to relocate club premises. Black Label reserves the right to change the nature, format, layout, presentation or number of services and facilities as deemed suitable. As much warning of any changes as is practicable, will be provided for your information at the Club/s and / or on the website.

Assignment: You must not assign any rights or benefits under these Terms and Conditions unless you have obtained our prior written consent. We may assign or transfer any rights or benefits under these Terms and Conditions at any time without notice to you. However, we will remain liable to meet our obligations to you under these Terms and Conditions and the Agreement.

Intellectual Property: These Terms and Conditions do not give you any intellectual property rights in Black Label, or in our facilities, services or products.

Privacy Statement and Acknowledgement: We take the privacy of our members seriously and our Privacy Policy explains the ways in which we collect, use, store, protect and disclose your personal information. We will only use, disclose or deal with such information in accordance with our Privacy Policy. A full copy of our Privacy Policy is shown on our website (www.blacklabelgyms.com.au)

Governing Law: These Terms and Conditions are governed by, and you agree to submit to the laws applicable in the state or territory of in which the Agreement was formed. If a court decides that any section of your agreement is invalid or unenforceable, that section will be deleted from the agreement. The other sections will remain valid and enforceable.

Variation: We may, subject to your rights, alter these Terms and Conditions or the Rules at any time upon thirty days written notice. All use of Black Label and its’ facilities, services and products after the date specified in such notice will be subject to such altered Terms and Conditions or Rules. If you continue to use Black Label and its facilities, services and products after the date such alterations become effective, or otherwise demonstrate by your conduct that you agree to the altered Terms and Conditions or Rules, you will be deemed to have agreed to the altered Terms and Conditions or Rules.

Severability: If any part of this Agreement is or becomes illegal, void or unenforceable, this does not invalidate the rest of this Agreement.

Your Obligations: You acknowledge that the National Credit Code does not apply to these Terms and Conditions (www.comlaw.gov.au) if at any time;

• You believe that you may not or may be unable to perform or comply with your obligations under these Terms and Conditions;

• You are unable to pay your membership fees, including any instalment of membership fees, as they fall due for payment;

• You are or become bankrupts; or

• Your membership fees are overdue and are not paid in accordance with these Terms and Conditions in circumstances where we have not breached our obligations under Agreements, you agree that:

• You will immediately notify us that one or more of the above notifiable events has occurred and you will keep us notified on a monthly basis until such notifiable event no longer exists;

• We have no obligation and will cease to allow you to use any of our services or products available to you under your membership while a notifiable event exists;

• We may terminate the agreement with immediate effect by providing you with written notice;

• We may request payment in advance for the remainder of the term of you membership; and

• We have no obligation to respond to any offer you make to extend or renew your membership while a notifiable event exists