Terms & Conditions

1. ACCESS TERMS Berry Fitness 24|7 is open 24|7, 365 days a year. Staffed hours are by appointment only Mon-Sat. All members and visitors must scan their Access Pass at the Front door to gain access to the Gym, do not allow anyone to enter with you without scanning. Members are to advise of any changes of name or contact details. Members understand that the facilities are available to the general public and not exclusively for members. If you are under the age of 16 it is recommended not to enter the gym out of Staffed hours, if you do so then you do at your own risk. Your parent or guardian must give signed consent for you to participate in programs prescribed at the gym and is, as your guarantor, responsible for any outstanding debt owed to Berry Fitness 24|7.

2. CONDUCT/BEHAVIOUR Management reserves the right to refuse entry, suspend or cancel a membership without refund, or request any person to leave the premises if that person does not behave in a responsible manner, uses abusive or unacceptable language, is disrespectful to staff, is under the influence of drugs and/or alcohol or does not adhere to the general conditions of entry. CCTV will be constantly monitoring the gym. No outside food, smoking, vaping or members chewing gum permitted in the gym.

3. FITNESS AREAS SWEAT TOWELS MUST BE USED AT ALL TIMES and Disinfectant wipes are provided around the gym. Correct training attire and runners to be worn in gym – no jeans, work clothes, boots, sandals, thongs, or offensive clothing. For hygienic reasons shirts or singlets must be worn at all times No person under the age of 14 is allowed in the gym area unless accompanied by a guardian during a specific class or with a qualified instructor. Members can only access the ground floor class area outside of timetabled classes and outside of Personal Training use.

4. VIDEO SURVEILLANCE, MOTION DETECTORS, EMERGENCY DURESS Our facility is constantly monitored by CCTV cameras along with motion detectors. We have (3) on your person Emergency buttons (1) on ground floor and (2) on top floor. The Emergency buttons are for your safety, you are to wear them when you are alone in the gym or suffer from a high risk medical condition and are to only be pressed if you or another member requires emergency attention. We have (1) Duress call station on each floor. They are located at the ground floor doorway and at the top of the stairs, these will directly connect you to a monitoring station where a trained operator can assist in the event of an emergency, or if you feel unsafe. Evacuation procedures are also wall mounted around the gym. We have only (1) entry and exit point for the Centre. Access to the First Floor is via the stairwell only and access to the Ground Floor is via the doorway at the bottom of the stairwell only. Lights and Music are motion detector controlled and will activate as soon as you scan your Access Pass. Fans are 20 min timer button controlled and Air-Conditioning is timer controlled by staff. If you see strobe lights in the gym flashing, this is a warning that the motion detectors haven’t detected movement for some time and everything will turn off and the alarm with be armed if you don’t go scan your access card again. An announcement will come over the speakers instructing you to do so.

5. MEMBERSHIP PAYMENT TERMS Management reserves the right to alter the length of the membership, deactivate an access pass or cancel it completely, without notice, if a member fails to make complete payment.

6. COOLING OFF PERIOD/CANCELLATION New members have the right to cancel their membership within 7 days during their cooling off period if they are not completely satisfied with the services and programs. All cancellations for cooling off period must be in writing via our online cancellation form and must reach management prior to the 7th day after signing. Cancellations during a members minimum term require written notice via our online cancellation form and 30 days’ notice is required in writing via our online cancellation form if the 7 day cooling off period and minimum term has been exceeded. Cancellations are subject to management approval and all outstanding fees or cancellation fees must be paid. Regular Instalments continue during this 30 day period or until balance to settle is complete. All monies will be refunded for cancellations during the cooling off period with the exception of charges for services already delivered, which will be charged at casual rates.

7. SUSPENSION OF MEMBERSHIP TERMS Suspension is at a cost of $5 per week, suspension dates not in line with payment schedules will result in pro-rata payments. Minimum period allowed for suspension is 1 week and maximum period of 2 months at a time for suspension on any membership. Request for suspension time to be made at least 1 day prior to suspension date and can only be done via our online suspension form. This is to be completed prior to absence. No extra time will be added for late returns if there has been no prior notification.

8. TRANSFER OF MEMBERSHIP TERMS All transfers must be approved by Berry Fitness 24|7 management and applicable forms to be signed. Not all memberships and services are transferrable.

9. ADDITIONAL FEES Members should be aware that some services require an additional fee. These services are for personal training and specialised programs. An Access Pass is required for entry, if lost or stolen this will incur a replacement fee of $20. Management must be notified immediately of a lost Access Pass. If a member is found allowing a non-member to enter our premises without the intent of seeing a staff member Immediately a Trespass fee of $100 is automatically deducted on 1st offence, on a 2nd offence $250 will be deducted either at once or over a short period of time. Membership is immediately then cancelled and Access pass deactivated. If you are found to have pressed an emergency button for anything other than an emergency, you will incur the fee it may cost for the Patrol response and may lose the use of your membership. Quarterly fees are incorporated into our memberships. If you are a member paying instalments this $9.95 fee is deducted from your account on the 1st of March, June, Sept and Dec of each year. This fee is for locking your price where it is and helping to keep our centre and services at a high standard. Other additional fees may include but not limited to Debitsuccess Administration fee $12, Dishonoured Transaction fees $14.95 per dishonoured transaction and additional Debt Collection fees if an overdue debt is sent to ARMA Debt Recovery services.

10. LIABILITY TERMS Berry Fitness 24|7 is not responsible for any lost or stolen items or damage to property or vehicles. Lockers & pigeonholes are available & monitored. Any member who wilfully or neglectfully causes such damage shall pay damages to the gym. Members are responsible for their guests and children. Members and Visitors waive and release Berry Fitness 24|7 of any liability, without limitation, all injuries which may occur, regardless of negligence, as a result of; (a) your use of all amenities and equipment in the facility and your participation in any activity, class, program, personal training or instruction, (b) the sudden and unforeseen malfunctioning of any equipment, (c) any dietary recommendations and (d) your slipping and / or falling while on the premises, including adjacent footpaths and parking areas. We strongly advise if you suffer from a heart condition that you do not use our facility during non-staffed hours and obtain a medical certificate from your doctor, if you do so, you do at your own risk.

11. MANAGEMENT RESERVES THE RIGHT: To Suspend or expel without refund any person whose conduct is deemed improper or in any way detrimental to the business. To close off any part of the premises or any piece of equipment for maintenance (or for any reason) at any time. Berry Fitness 24|7 will not be held responsible or liable for such occurrences: To Cancel/ Reschedule any classes or activities run by the gym at late notice for any reason ie: trainer availability, public holidays, participant numbers or an emergency. To amend any fees or charges without notice. To change the gym rules without notice. To amend the ‘Staffed hours’ at any time without notice. To allow the gym to be ‘un-staffed’ on Public holidays or at anytime without notice.

12. PRIVACY DISCLAIMER: Berry Fitness 24|7 reserves the right to send correspondence via email, SMS or phone to any and all visitors, members and clients to our centre. It is the responsibility of members and clients to keep their contact details up to date at all times. Berry Fitness 24|7, Our Debit Company Debitsuccess and our Debt Recovery Company ARMA reserve the right to communicate with all members via email, SMS and phone if at any time there are outstanding payments due for any services and associated fees. Berry Fitness 24|7 and its staff reserve the right to take promotional pictures of the Centre, its Classes and its patrons at any time. Patrons must make it known at the time of a photograph being taken if they do not consent to its use or their inclusion.

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