Terms And Conditions & Privacy Policy

Terms and Conditions of CME FIT

Welcome to CME FIT! To ensure a safe and comfortable environment for all members and staff, please comply with the following conditions. Only sign this Agreement if you understand and agree to these terms.

1. Introduction

By signing this Agreement, you acknowledge and agree:

• You have received a copy of this Agreement and agree to abide by its terms.
• You are medically fit to undertake a normal course of exercise, use the Gym facilities at your own risk, and understand that exercise can be physically demanding and may pose health risks.
• This Agreement includes your authorization for any Third-Party Payment Provider nominated by CME FIT to direct debit your nominated bank account or credit card for any fees due under the terms of the Third-Party Payment Provider’s Direct Debit Request and Service Agreement. As a member, you can use our gym in accordance with these terms and conditions, including the Gym code.

2. Definitions

• CME FIT, We, Us, Our: CME FIT
• You, Your, Member: The individual named in the membership, including the parent or guardian if the member is under 18 years.
• Gym: CME FIT on Franklin
• Agreement: The contract between CME FIT and you, under which you become a member.
• Minimum Term: The term specified in the Agreement form.
• Code: Rules for operating equipment, opening hours, and behaviour in the Gym, as specified in these terms and conditions, and in Gym signs and handouts.
• Third Party Payment Provider: The third-party payment provider nominated by CME FIT, currently Xplor Gym.
• Website: The CME FIT website at www.cmefit.com.au or any other website notified to members.
• Supply Period: The supply period for a periodic or fixed term agreement, which is the Minimum Term and is a minimum of two weeks.
• Direct Debit Membership: An ongoing membership for the supply of prescribed goods and services, continuing until terminated by you or CME FIT.
• Upfront Membership: A Fixed Term Agreement paid in full upon commencement.

3. Memberships Available

Listed on our Website www.cmefit.com.au:

• Direct Debit Membership: Available Online or In-Club
• Upfront Membership: Available Online or In-Club
• Gym/Group Fitness/Reformer Pilates Class Passes: Available In-Club Only
• Casual Visit (pay as you go): Available In-Club Only

4. Queries

All queries and comments about the services provided under this Agreement should be directed to the CME FIT contact details listed on our website.

5. Gym Access

• All members must scan their membership tag upon entry to the Gym at every visit. If you leave your card behind, please talk to our staff so they can sign you in manually.
• You cannot lend your card or allow anyone else to use your membership card. Lending your membership card to someone else may result in cancellation of your membership.
• If you lose your membership card or key tag, a replacement can be purchased from Reception upon providing proof of identification. Replacement cards cost $15.
• You must have a towel to train at CME FIT.

6. General Conditions of Entry & Gym Code

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 the Gym if:

• You are using abusive or threatening language or behaving in a threatening way.
• You are under the influence of drugs or alcohol.
• You instruct other members when CME FIT has not authorized you to do so.
• You behave in another way that is considered by CME FIT to be risky or seriously inappropriate.

NON-SMOKING Our Gyms are non-smoking facilities. The smoking of cigarettes or electronic cigarettes (e-cigarettes or vapes) is strictly prohibited.

SUITABLE CLOTHES All members and guests must wear suitable clothes and enclosed sports shoes in any exercise areas.

TOWELS

You are required to bring and use a clean towel in all areas of the Gym. If you do not have one, towels can be purchased at the front counter. Our staff will not allow you to train without an appropriate towel.

PUT YOUR WEIGHTS AWAY

Please return any weights and equipment to their proper location after use. If you are unsure where something belongs, please ask our staff.

RESPECT FOR THE GYM AND OTHER MEMBERS

The gym is a sacred space and a sanctuary for our members. Please treat it as such, and be kind, considerate, and respectful towards other members. We are all equals in the gym.

7. Use of Equipment

You are required to return equipment to its original state when you have finished, including:

• Returning weights and bars to their rack.
• Unloading plates from machines and bars.
• For the safety of you and others, please follow all equipment operating and safety instructions.
• If you are unsure of the correct use or operation of equipment, please seek assistance from our staff.

As a courtesy to other members, please use a clean towel when using equipment and wipe down equipment after use with antibacterial wipes provided throughout the gym.

8. Valuables & Lost Property

• To the extent permitted by law, Gym employees or contractors are not responsible for any loss of, or damage to, personal property from the Gym. We recommend that you keep all valuables with you while using the Gym.
• The Gym is unable to look after your personal possessions (e.g., keys and wallets) whilst you are in the Gym.
• Any items found in the gym that are handed into Reception will be held for two weeks and then donated to charity.

9. Membership Fee Increase

CME FIT reserves the right to increase membership rates at any time. This happens very rarely, and in the case of a membership fee increase, all members will be given adequate notice.

10. Membership Entitlements

Membership at CME FIT Gyms entitles you to:

• Unlimited 24/7 access to CME FIT Gym
• Use of exercise equipment located on the gym floor and cardiovascular training areas.
• Use of change rooms and showering facilities.
• Use of Infra-red (Female Only) and Steam Sauna (Unisex)
• Group Fitness and Reformer Pilates Classes (with selected memberships)

CME FIT reserves the right to make changes to exercise equipment supplied and to change and/or cancel Group Fitness and Reformer Pilates classes at any time. This will only ever happen to improve our gym.

12. Group Fitness and Reformer Pilates Classes

To book group fitness and reformer Pilates classes, please visit our website at www.cmefit.com.au or use the Xplor Gym app. Remember to cancel at least 90 minutes before the class starts if you need to make any changes

13. Children

Minors between the ages of 14 to 17 years may be eligible for a membership subject to the following age policy and general terms and conditions:

• The minor must comply with all safety requirements of the Gym 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.
• The minor must comply with the applicable sections of the age policy.
• All minors must leave the Gym immediately once staffed hours have ended.
• All minors can only access the Gym during staffed hours, subject to the qualifications and exclusions listed in the age policy.

AGE POLICY

14 years

• Membership is permitted with the consent and signature of the minor’s parent/legal guardian.
• Access is only permitted during staffed hours and minors must be directly accompanied by a parent, legal guardian, or suitably qualified personal trainer or other accepted exercise professional.
• Members in this age group are not eligible to redeem Trial or Casual Passes or any similar promotions.

15, 16, and 17 years

• Membership is permitted with the consent and signature of the minor’s parent or legal guardian. The minor can access the Gym independently with this consent.

• Members in this age group are eligible to redeem trial guest passes or guest visits, only if a parent or legal guardian attends the Gym on the first visit and signs as guarantor on the waiver.
• Permitted usage is as follows (able to undertake independently):
  • Standard adult membership terms and conditions apply.

13. Legal Responsibility

MEETING YOUR RESPONSIBILITIES

• Your responsibilities, including payment of membership fees, do not depend on how often you use the Gym.
• You must inform us about anything that affects your membership, and any changes to your contact information and bank details.
• You must inform us in advance and in writing 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.

PROMISING TO TAKE CARE You promise to:

• Make sure that you know how to exercise safely, by asking if necessary.
• Use your best efforts to exercise safely.
• Not take valuables into the Gym.

DAMAGE & PERSONAL INJURY To the extent permitted by law, CME FIT 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 Agreement and/or the services/products provided by CME FIT and/or any act or omission of CME FIT.

14. Special Conditions

If there are special conditions or benefits relating to your membership type, these will be either attached to your Agreement and/or displayed on the website and form part of your Agreement.

15. Renewing Upfront Membership

This term applies only to Upfront Memberships. When your Upfront Membership is due to end, you can renew your Upfront Membership at the current membership rate as advertised by CME FIT at the time of your membership renewal. By renewing your Upfront Membership, you agree to the membership terms that apply at that time. Upfront memberships are non-refundable.

16. Overdue Fees & Membership Cancellation

Direct Debit Memberships will incur a fee for each unsuccessful payment that doesn’t go through. After 3 failed attempts, your membership will be cancelled until both the fees and outstanding membership amounts are paid. Outstanding payments can be paid at the gym, or via the link sent to your email and/or phone.

17. Cancellation / Termination

CANCELLATIONS AFTER COMPLETION OF MINIMUM TERM There will be a notice period of 28 days from the date of the cancellation request to the date of termination, during which any payments that fall due must be paid in full. The notice period will exclude freeze or payment break time applied to your membership.

• Any instalments/fees due at the date of termination (including instalments/fees which fall due during the notice period) will remain a debt owed to and recoverable by CME FIT.
• You shall not consider that your Agreement has been terminated until such time as this is confirmed in writing to you by CME FIT.

DIRECT DEBIT MEMBERSHIP AGREEMENTS If your contract is designated as a Direct Debit Membership, you acknowledge that unless you provide notice of termination of your membership prior to the end of the minimum period, your membership fees will continue to be deducted until you give us 28 days’ notice of your intent to end your membership.

CONFIRMING YOUR REQUEST TO CANCEL Please speak to the gym staff in person or over the phone. Email or social media requests will be accepted but may take up to 25 hours to be actioned as our staff may not be able to immediately process your request.

Please note that all memberships are non-refundable and not eligible to be transferred to another member unless special arrangements have been made with CME FIT.

18. Membership Suspension

Direct Debit Memberships are eligible for suspension for a maximum of 3 months, with a minimum suspension period of 14 days at a time. This option is useful if you plan to go away or require a medical procedure and will not be accessing the gym for a period of time. During the suspension period, you will not be able to access the gym. Please contact CME FIT directly to suspend or reinstate your membership.

Suspending a Direct Debit membership temporarily pauses your regular payments. Membership suspensions are unavailable during a cancellation period and do not count towards the minimum term of a membership. Upfront 12 Month Memberships may also suspend their membership for a maximum of 3 months, with a minimum suspension period of 14 days at a time.

19. CCTV

• You acknowledge and understand that CCTV will be installed in appropriate areas within each Gym and its surroundings as a strategic component for team member, member, and contractor safety, as well as crime and misconduct prevention.
• By entering CME FIT, you consent to being filmed under CCTV for these purposes and understand that we will only use and store your image in accordance with our Privacy Policy.

20. Staying Up To Date With Your Terms

We may sometimes change our terms and conditions, including CME FIT’s opening hours, services and facilities, and membership fees. Any relevant changes will be communicated to all members. Please keep up to date by regularly checking https://cmefit.com.au/termsandconditions.

Privacy Policy

This Privacy Policy outlines how and when personal information is collected, disclosed, used, stored, and otherwise handled by CME FIT. It applies to personal information collected by any means and through any technology.

1. Collection of Personal Information Personal information refers to information or opinions that can identify an individual. Typically, CME FIT collects personal information such as an individual’s name and contact details (including address, phone, fax, and email). CME FIT only collects personal information when it is necessary to perform one or more of its functions and activities. Personal information will be destroyed when it is no longer required for these purposes. Generally, CME FIT collects personal information directly from you.

2. Use and Disclosure of Personal Information CME FIT will use and disclose your personal information for the purpose for which it was initially collected. Additionally, CME FIT may use your personal information for related purposes that are within your reasonable expectations. These related purposes might include internal auditing and administration, adding your name to a contact list, guest list, or invitation list, or identifying activities that may be of interest to you. CME FIT will not use or disclose your personal information for any other purposes without your express or implied consent. However, CME FIT may be required to disclose your personal information without your consent if the disclosure is:

• Required or authorised by law;
• Necessary to investigate an unlawful activity;
• Required by an enforcement body for investigative activities; or
• Necessary to prevent a serious and imminent threat to a person’s life, health, or safety, or to public health or safety.

Generally, CME FIT will retain your personal information within Australia and not disclose it overseas. However, in some cases, the information may need to be transferred overseas to perform one of CME FIT’s functions or activities. In such cases, CME FIT will either obtain your consent or ensure that your personal information receives similar protection as it would in Australia.

3. Direct Marketing From time to time, CME FIT may send you information about functions or activities. If you do not wish to receive direct marketing information, please inform CME FIT. CME FIT will take immediate steps to ensure you do not receive any direct marketing information in the future.

4. Changes to this Policy CME FIT may update this Policy from time to time for any reason and will update the Policy accordingly.