Terms and Conditions

Important notice

The Dukes Gym Australia chain comprises a network of independently owned and operated fitness Clubs, including our Club.

This is an Agreement under which you agree to become a Member of Dukes Gym Australia, with access to all clubs trading under the ‘Dukes Gym’ name. It is made up of this Important Notice, the Details section, the attached Terms and any other document attached or referred to, including any Club Rules, our privacy policy and the Special Conditions for 16-17 Year Olds (if applicable)

When you execute this Agreement you are entering into a legally binding contract with us.

This Agreement sets out your rights to use our Facilities and Services and the responsibilities you have to comply with as a Member. These responsibilities, including payment of Membership Fees, do not depend on how often you use our Facilities and Services.

What is set out in this Agreement overrides any statements made by you or us before you executed it so you should read through it fully to make sure it reflects your expectations. If you are unsure whether any particular statements that you have relied on are part of this Agreement, or if you have any queries regarding this Agreement, please ask us.

Words in Bold type and capitalised first letters are defined in clause 1 of the attached Terms.

Direct Debit Information: If an automatic direct debit arrangement is in place, your Membership Fees will continue to be debited from your account until you or we cancel the arrangement by advising your bank or credit provider. If you end this Agreement or stop the automatic debit arrangement in a way not described in this Agreement, you may be liable for damages for breach of contract. You should, however, cancel any direct debit authorisation when your Agreement lawfully ends.

SUMMARY OF SOME KEY TERMS

Some of the key terms of this Agreement are summarised below. You must refer to the noted clause or provision for full details:

Your Safety: You agree to give us all relevant health and fitness  information  before or during any exercise.  Each time you use the Facilities and Services, you must ensure you are In good physical condition and know of no medical or other reason why you should not exercise. If unsure, you should seek medical guidance (see clause 5).

Access and Reciprocity: When you join Dukes Gym Australia you can access and use any Club trading under the ‘Dukes Gym’ name.

Putting Your Membership On Hold: In any 12 month period you can usually ‘freeze’ your Agreement twice for up to 3 months for both periods combined. If we agree, you may freeze your Agreement more than this time for travel, medical or hardship reasons but must give us proof. The minimum freeze period is one billing period (or 2 weeks if you have pre-paid your Membership Fees}. Your Membership will be extended by the freeze period. A weekly Freeze Fee of up to $2.50 may apply (see clause 9).

Cancelling in the Minimum Term for Medical Reasons: You can cancel your Membership in the Minimum Term if you contract a serious illness or a permanent physical incapacity which is confirmed by a doctor we reasonably agree to and you pay the administration Fee which is the same as your Membership Fees for 30 days (see clause 10).

Cancelling in the Minimum Term for Other Reasons: You can cancel for your convenience if you pay the Cancellation Fee which is the higher of 50% of the balance due for the Minimum Term or a sum equal to 30 days Membership Fees (see clause 10). You can also cancel on notice of 30 days if you relocate more than 15 km away from any Club and give us proof (see clause 10).

Cancelling an Ongoing Agreement After the Minimum Term: You may cancel on 28 days written notice (see clause 10).

Not Enough Money in Account When Fees Are Due: Your bank or credit provider may charge you a fee for overdrawing your account. Our third-party Biller also charges the Biller’s Administration Fee. (see the Details and clause 13).

 

TERMS

 

DEFINITIONS

 

Administration Fee: The Fee payable under clause 10.3 (b) as set out in the Details.

Agreement: This Agreement as described in the Important Notice.

Dukes Gym Australia: Dukes Gym Australia Pty Ltd, ACN 612 289 460 which is the Australian Dukes Gym franchisor.

Dukes Gym Australia Pty Ltd: Dukes Gym Australia Pty Ltd of Victoria Australia which owns the Dukes Gym Australia system, trademark and other intellectual property.

Approved Club: a Club that has been approved by Dukes Gym Australia to offer memberships to 16  and 17  year olds.

ACL: means the Australian Consumer Law in the CCA.

Biller: Our third party biller, Ausfit Pty Ltd, ACN 055 420   392.

Biller’s Administration Fee: the Fee charged by the Biller under clause 13.3{b) as set out in the details.

Cancellation fee: the fee payable under clause 12.6 as set out in the details.

CCA: the Competition and Consumer Act 2010 (Cth).

Club: an Dukes Gym club.

Club Rules: the rules that are referred to ln clause 5.6.

Details: the part of this Agreement described as the “Details”.

Direct Debit Amount: what you agree to pay by direct debit each Direct Debit Payment Period as set out in the Details.

Direct Debit Payment Agreement: the periodic billing agreement you enter into with our third party Biller for periodic billing services.

Direct Debit Payment Period: the frequency of your direct debit payments as set out in the Details.

Essential Term: a term of this Agreement that is so important you would not have signed the Agreement without it, for example, a requirement that the Facilities and Services are available 24 hours a day 7 days a week (subject to clause 18, clause 20.1 and the Special Conditions for 16 and 17 Year Olds). If there is a disagreement as to whether a term is an Essential Term, the matter will be reasonably determined by Dukes Gym Australia.

Facilities and Services: includes Club premises and all exercise areas, bathrooms, equipment, weights, benches, machines, mats and any programs, products, classes and services that you may use (excluding services provided by outside providers referred to in clause 14).

Fees: fees that apply under this Agreement as set out in the Details and referred to in clause 12.

Fixed Term Agreement: an agreement which automatically ends at the end of the Minimum Term.

Fob Key: the access key that allows you to access Clubs.

Fob Key Fee: the Fee payable under clause 12.4 as set out in the Details.

Guest Fee: the Fee payable under clause 5.5 as set out in the Details.

Important Notice: the part of this Agreement described as this.

Joining Fee: the Fee payable under clause 12.2 as set out in the Details.

Member: a Club  member.

Membership: another word used to refer to this Agreement.

Membership Fees: the Fees you pay to access the Facilities and Services as referred to under clause 12  and set out in the Details.

Minimum Age: the minimum age to become a Member and use the Facilities and Services and referred to in clause 4.

Minimum Term: the minimum term as set out in the Details.

Ongoing Agreement: an agreement that continues on an ongoing basis after the Minimum Term until terminated under  clause 10.

Pre Exercise Questionnaire: the questionnaire or other screening we may require you to answer before using the Facilities and Services.

Pro Rata Fee: the Fee/s that may be applicable under clause 12.3 and set out in the Details.

Replacement Fob Fee: the amount payable under clause 5.2(d) as set out in the details.

Start date: when this agreement starts as set out in the details.

Special conditions for 16-17 year olds: the special conditions set out in the document headed “Special conditions for 16-17 year olds” and referred to in clause 4.

Staffed hours: the times a club is staffed. These times may not be fixed and will also vary from club to club.

Tailgate fee: the fee you will be charged if you allow another person to access a club without the club’s permission.

Terms: the part of this agreement described as the ‘Terms’.

 

2. JOINING, ACCESS AN RECIPROCITY

 

2.1 When you join our Club, you will need to give us information noted in the details and provide us with photographic identification. If you join under a particular offer, such as a corporate offer, you will also need to give us proof that you are eligible for that offer.

2.2 On joining we will give you a Fob Key or access card that will let you access and use our Club and the facilities and services.

2.3 After the first 31 day you will also be able to access and use al! other Clubs under the provisions f this Agreement provided that you continue to be a Member and your Membership has not been suspended.

 

4. MINIMUM AGE

 

4.1 For safety and security reasons you must be at least 18 years old to become a Member. However, l you are 16 or 17 years of age, and both you and your parent or guardian agree to the Special Conditions for 16&-17 Vear Olds (which are for your protection), you may join us if we are an Approved Club.

4..2 Your Membership may be immediately cancelled if you break one of the Special Conditions for 16-17 year olds.

 

5. HEALTH AND SAFETY AND ACCEPTABLE CONDUCT

 

5.1 Your physical condition

(a)   When you sign this agreement and each time you use the Facilities and Services, you must ensure you are in good physical condition and know of no medical or other reason why you should not exercise. If unsure, you should not use the Facilities and Services until you have sought appropriate medical guidance and been given the go ahead.

(b) You agree to give us aII relevant personal health and fitness information both before and during the course of any exercise program or other activity. You also agree to complete our Pre-Exercise Questionnaire. In some cases, responses you give will require that you get medical guidance before exercising. You acknowledge that pre exercise or other screening is no substitute for medical advice and does not guarantee against injury or death.

(c) You promise that information you give us will be true and accurate and not misleading in any way.

(d) You must not use the Facilities and Services if you are suffering from any illness, disease, injury or other condition that could be a risk to your health or safety or that of other Members and others.

(e) We may suspend or cancel your Membership if we have reason to suspect that you have not complied with clause 5.1

Special Conditions: The amount payable under clause 5.2(d) as set out in the

 

5.2     Your Fob Key

(a) You will need your Fob Key (or access card) to access Clubs and must swipe this each time you use the Facilities and Services.

(b) If you lose or forget your Fob Key (or access card} you may access a Club during Staffed Hours if you show photo ID to Club staff but this will be at the discretion of the Club. You should not ask or expect another person to let you into a Club at any time.

(c) You must not let anyone else into a Club without the approval of Club staff or let anyone else use your Fob Key (or access card). If you break this term, you may be charged the Tailgate Fee and/or your Membership may be suspended or cancelled.

(d) If your Fob Key (or access card) is lost or stolen you must let us know immediately and get a replacement in 14 days or you may be refused Club access. A Replacement Fob Key Fee will apply.

5.3 Orientation

You may be required to participate in a Member orientation to familiarise you with the Facilities and Services before you use them.

 

5.4 Proper use of equipment

You promise to take care to use the Facilities and Services safely and properly. If you are ever not sure how to operate any equipment properly, you agree to ask Club staff first.

5.5 Guests

You may bring a guest into a Club but only if they register with Club staff, pay a Guest Fee and meet our other reasonable conditions. For example, they will need to be the Minimum Age, show photo ID, complete the Pre-Exercise Questionnaire and other standard forms.

5.6 Club rules

(a) Club rules apply to everyone using the facilities and services. They are usually displayed in the club.

(b) Club Rules form part of this Agreement so you must make sure you read, understand and follow them at all times.

(c) If  you break any of the club Rules we will respond in a way we consider fair and appropriate. For example, In less serious cases, we may give you a warning but in serious cases or where you have repeatedly broken Club Rules we may suspend or cancel your Membership. If your breach causes us or another person costs, loss or damages, you agree to pay for these.

5.7 Illegal performance enhancing or other illicit substances

You acknowledge that the distribution or use of illegal or performance enhancing drugs is prohibited and promise that you will not use or distribute these substances in or near a club.

5.8 Commercial activity

You acknowledge that engaging in any commercial or business activities in the club, such as offering training services or selling goods in the Club is prohibited unless we grant you written permission to do so. If we do give you written permission, we can revoke this at any time.

5.9 Action for risky or inappropriate conduct

If you behave in a risky or seriously inappropriate way, for example. if you threaten or harass others, damage equipment, distribute or use illicit substances, or train other Members without our authorisation, appropriate action will be taken. For example, your Membership may be immediately suspended or cancelled (with a Cancellation Fee potentially applying), you may be banned from joining any Club and/or we may refer the matter to appropriate authorities. If your conduct causes us or another person costs, loss or damages you agree to pay for these.

6.          SECURITY

 

6.1 24 Hour CCTV cameras

Club premises have CCTV security cameras recording 24-hours a day (except in bathrooms) and may have remote video guarding services. This system is used for security purposes but does not guarantee against harm. You should contact the Club if you have questions on this.

 

6.2 Emergencies

(a) Clubs have an emergency phone, panic buttons and security lanyards for safety and security reasons and to alert a security company in emergencies, for example, if you are, or feel, threatened or need medical help. You must understand how emergency apparatus works and agree to use it only in an emergency.

(b) If you deliberately use emergency apparatus inappropriately, you agree to pay for any costs, loss or damages incurred because of this inappropriate use.

(c) Clubs may also have an emergency or crisis response procedure displayed which must be followed in emergencies.

 

6.3 Be Cautious

You must be cautious when entering, leaving a Club and using the Club and you must wear security lanyards when appropriate, for example, if exercising alone or outside Staffed Hours.

 

6.4 Following Directions

You agree to follow any reasonable direction of Club staff relating to health, safety or security matters or related matters.

 

7. PRIVACY

 

7.1        Your personal information

From when you apply for Membership, you will need to provide us with, and we will have access to personal information about you, including information relating to your health and finances. Your personal information may be:

(a) transferred to and stored out of Australia, including to a country that does not have the same lev of privacy protection as Australia; and

(b) disclosed to and used by other Clubs, including overseas Clubs, for the purpose of allowing you access to Clubs and providing services to you (for example so that we can confirm your membership if you visit our global facilities)

 

7.2 General consent

By signing this Agreement, you consent to us collecting, using, disclosing and dealing with your personal information in accordance with our privacy policy. In particular, you consent to the transfer and storage of your personal information outside Australia, and to the disclosure and use of your personal information to other Clubs inside  and outside Australia.

 

7.3 Up to date contact information

You must tell us promptly if you change your contact or payment details or if there is a change to other relevant personal information, including anything that may affect health or safety.

 

7.4 Consent to use your image

You understand that photos, films, videos or audio recordings are sometimes taken of Members for promotional purposes. Your permission will first be obtained if this is done. By signing this Agreement, you agree to allow your image, recording or likeness to be used for any legitimate purpose by us or by Dukes Gym Australia and you sign your rights in any of these materials to Dukes Gym LL7.5 Other

(a) As noted in clause 6.1, CCTV camera recording is used in Clubs {except in bathrooms).

(b) Members and guest are not allowed to take photos and/or videos in Clubs unless specific permission is granted by the Club.

 

8. TRANSFER

 

8.1 Your Membership may be transferred to another Club if:

(a) over 2 consecutive 3O day periods you use another Club a minimum of 4 times in each period AND use that Club at least 50% of the time in each period:   OR

(b) over 3 consecutive 3O day periods, you use another Club at least once in each of these periods, and   100% of your visits are at the other Club.

8.2 lf your Membership is transferred to another Club, your Fees, including any ongoing Membership Fees, may be varied to reflect the Fees applicable in the other Club.

8.3 If your Membership is transferred to another Club in another state or country, you may be required to sign a new Agreement compliant with the laws of that state or country.

8.4 Your Membership may be transferred to another person who is not a current Member but only if we agree, your account is up to date, and the person you transfer to:

(a) is eligible to become a Member;

(b) is able to take up your Membership (for example, if you have a corporate membership)

(c) signs a new agreement to become a Member for at least the balance of the Minimum Term;

(d) agrees that that the provisions of clause 2 regarding access and reciprocity will also apply to them; and

{e) pays Membership Fees for at least the balance of the Minimum Term, or enters into a Direct Debit Payment Agreement if these Fees are to be paid periodically by direct debit; and

(f) pays applicable other Fees such as a Fob Key Fee and a Joining Fee.

8.5      If our transfer policy (in clause 8.1)  is changed, we will  use our reasonable efforts to give Members prior notice of the change.

 

9. PUTTING YOUR MEMBERSHIPON HOLD

 

9.1 You may temporarily suspend or freeze your Membership for any reason if your account is up to date and, if you have a Fixed Term Agreement, it has more than 2 weeks left. In any 12 month period you may freeze your Membership 2 times for up to 3 months for both periods combined.

9.2 We may agree to freeze your Membership for more than the  period  noted in clause 9.1 for travel, medical or hardship reasons but you must give us proof (such as supporting documents)  to our reasonable satisfaction.

9.3 The Freeze Fee usually applies during any freeze period.

9.4 While your Membership is frozen, the Minimum Term will be extended for the same time as the freeze period. Direct debit payments that fall in the freeze period will also be frozen (except the Freeze Fee).

 

10.    WHEN YOU CAN END THIS AGREEMENT

 

10.1 Notice

If you need to notify or tell us anything in writing under this clause:

(a) you can give this to us in person, by e mail or post;

(b) it would be useful (but not required} if you complete any standard documentation we may have such as a cancellation form and provide your Membership number (if you know it);

(c) if you do not use our standard documentation, your notice must include your name, Club, address, phone, email, ID details and signature and explain why you wish to cancel; and

(d) you must also attach any required proof such as a medical certificate.

 

10.2 cancelling your Membership on or after end of the Minimum Term

(a) If this is a Fixed Term Agreement, you do not need to do anything, as your Membership will end when the Minimum Term ends. We may contact you before your Agreement ends to discuss renewal. If you chose to renew your Membership or sign a new agreement before the Minimum Term ends, a Joining Fee will not apply.

(b) If this is an Ongoing Agreement, it will continue after the Minimum Term unless you tell us in writing at any time (but at least 28 days) before the end of the Minimum Term that you wish to cancel your Membership. If you tell us before the end of the Minimum Term but it is less than 30 days before, your Membership will continue for another 30 days before it ends.

(c) If this is an Ongoing Agreement and it has continued beyond the Minimum Term, you can cancel any time by giving us at least 28 days prior written notice.

 

10.3     Cancelling for medical reasons

(a)         You can cancel your Membership at any time by telling us in writing if you cannot use the Facilities and Services because you contract a serious illness or a permanent physical incapacity during the term of your Membership. This must be confirmed in writing by a doctor or other medical professional we reasonably agree to and you agree that we may contact the doctor or other professional for verification purposes.

(b) If you cancel under clause 10.3(a), we can charge you the Administration Fee.  You will also be liable for Fees incurred, i.e. your Membership Fees for the time  you were a Member (calculated on a pro rata basis), the Joining Fee, the Fob Key Fee and Fees for services already supplied.

10.4      Cancelling for your convenience in the Minimum Term

During the Minimum Term, you can cancel your Membership at any time by telling us in writing and paying a Cancellation Fee.

10.5     Other ways you can cancel this Agreement in the Minimum Term

You can also cancel  your  Membership in the following ways and without  paying a

Cancellation Fee:

(a) When prior notice is NOT required

You may cancel without giving us prior notice if:

(i) we break an Essential Term and have not fixed this in a reasonable time of you asking us in writing

(ii) you become bankrupt and give us proof (such as supporting documents} to our reasonable satisfaction;

(iii) we change this Agreement in a way that adversely affects you (this does not include a variation of Fees in the case of a transfer of Membership); or

(iv) you become entitled to cancel under consumer laws.

(b) When prior notice is required

You may cancel by giving us 30 days written notice if you relocate more than 15km from a Club and you give us proof to our reasonable satisfaction.

(c) Applicable Fees

If you cancel your membership under clause 10.5(a) or (b), you will be liable for Fees incurred, i.e. our Membership Fees for the time you were a Member (calculated on a pro rata basis), the Joining Fee, the Fob Key Fee and Fees for services already supplied. These Fees are not refundable except in very limited circumstances related to clauses 10.5(a) (i) and (iv).

 

11. WHEN WE CAN END THIS AGREEMENT

 

11.1 In addition to our other rights under this Agreement, we may cancel your Membership if you breach any obligation under this Agreement that can’t be fixed or if you breach an obligation that can be fixed but you do not fix it in a reasonable time.

11.2 If we cancel your membership under clause 11.1, you will be liable for Fees incurred, i.e. your membership Fees for the time you were a Member (calculated on a pro rata basis the Joining Fee, the Fob Key Fee and Fees for services already supplied.  We may also charge a cancellation Fee and recover costs, loss or damages cause by your breach.

11.3 You promise you are not bankrupt or insolvent and are able to pay applicable Fees at the time of signing. You agree that you will tell us promptly if you believe you will be unable to pay your Membership Fees for an extended period. We may cancel your Membership if you become bankrupt or insolvent.

11.4 If we cancel your membership under clause 11.3 you will be liable for Fees  incurred, i.e. your membership  Fees for the time you were a Member (calculated  on a pro rata basis) the Joining Fee, the Fob Key Fee and Fees for services already supplied.

12. FEES

 

12.1    General

(a)         The Fees you have to pay are set out in the Details. Some rights and obligations that apply in relation to particular Fees are set out in this clause.

(b)                         If you do not make any payment when it is due, your Membership may be suspended and you could be refused access to Clubs and to Facilities and Services until all outstanding amounts have been paid.

(c)          Your Membership may also be terminated if any Fees remain unpaid for an extended period. You will still be liable for all unpaid amounts. A cancellation Fee may also apply.

12.2 Joining Fee

We will charge you the Joining Fee to cover the set up costs for your Membership. This is not refundable except in very limited circumstances related to clauses 3 and 10.5(a) (i) and {iv).

12.3 Pro-Rata Fee

If you pay by direct debit and your Start Date begins after the first day of the relevant Direct Debit Payment Period, you will only be charged the applicable portion of the Direct Debit Amount. The same applies if you have a Fixed Term Agreement and the Direct Debit Payment Period ends after the last day of the Agreement.

Fob Key Fee

This is the Fee charged to buy a Fob Key. This is not refundable except in very limited circumstances related to clauses 3 and 10.5(a) (i) and (iv). If you need a replacement Fob Key, a Replacement Fob Key Fee will apply.

 

12.5 Membership Fees

 

(a)         lf this is a Fixed Term Agreement you can pre-pay your Membership Fees (pay them up front) when you sign this Agreement, or you can elect to pay by equal periodic instalments provided this option is available in our Club.

(b)         If this is an Ongoing Agreement, you must pay Membership Fees periodically in advance until your Agreement ends.

 

12.6 Cancellation Fee

 

(a)         A cancellation Fee is payable if you want to cancel your Membership for your convenience in the Minimum Term. It is an amount equal to 100% of the balance of your Membership Fees for remainder of the Minimum Term or a sum equal to 30 days Membership Fees (whatever is the higher).

(b)         A cancellation Fee may (at our reasonable discretion) also be payable by you if your Membership is ended by us under clause 5.9, clause 11.1 or clause 12.1(c).

12.7 If you do not pay a Fee when due

(a) If you do not pay a Fee or other amount you owe when due, we can suspend your Membership until all amounts have been paid. This is in addition to our other rights under this Agreement, including those under clause 11.1. Other consequences may also apply with respect to late or rejected direct debit payments (see clause 13.3).

(b) Fees and charges continue to accrue during a suspension under clause 12.7(a).

12.8     Fee increases

(a}         During the Minimum Term:

(i)           your Membership Fees will not be increased (except in the case of a transfer of your Membership (see clause  12.8  (c)); (ii)     other Fees may, however, be varied.

(b)         After the Minimum Term, all Fees may be Increased.

(c) If your Membership is transferred to another Club, your Membership Fees (and other Fees) may be varied to reflect those which are applicable at the other Club even if your Membership is transferred ln the Minimum Term.

(d)         We will make reasonable efforts to tell you of any Fee changes.

(e)         If your Fees are varied, you authorise any debits from your nominated account to also be varied.

12.9   Refunds and the Credit Code

We can deduct all Fees and charges that you must pay under this Agreement from any refund we give you.

13.      DIRECT DEBIT

13.1 Direct Debit Payment Agreement

(a)         If you pay any Fees, including ongoing Membership Fees, by direct debit, the billing may be outsourced to a third party billing provider. (not us).

  1. The third party billing provider (Debit User) will habit the bank account/credit card nominated in the Schedule of this Direct Debit Request as specified. The Debit User may, by prior arrangement and advice to me/us vary the amount or frequency of future debits.

 

13.2      Should the original terms & conditions of this authority need to be varied a minimum of fourteen days’ notice will be provided by the business to you. Queries arising as a result of any such variation must be notified to the third party billing provider two working days prior to the debit date the variation would apply.

 

  • Deferment or alteration (written or verbal) by the customer to the debiting schedule will be considered subject to the terms and conditions of any agreement between you and Dukes Gym Australia for whom the third party billing provider (Debit Use) acts on behalf

 

  • If a debit item is disputed the third party billing provider (Debit User) or your Financial Institution must be notified The third party billing provider will endeavor to resolve this matter within Industry agreed time frames. Disputed debit items resolved in favor of the third party billing provider will incur an administration fee.

 

  • Direct debiting through BECS is not available on all accounts. You are advised to check your account details against a recent statement from your financial institution. If uncertain, you should check with your financial institution before completing the

 

  • When a debit day falls on a weekend and/or a national public holiday all debits for that weekend or national public holiday will be processed in the PREVIOUS WORKING DAY.

 

  • The third party billing provider may, under certain provisions of the “Privacy Act 1988” give information about you to a credit reporting agency. This information will be limited to repayments which are overdue pursuant to the terms and conditions of any contractual agreement between you and Dukes Gym Australia overleaf and for which debt collection has stated. You “The Customer” may be liable for any costs associated with the recovery of your overdue account. This may include, but is not limited to the following; legal fees, interest and mercantile agency collection cost.

 

  • It is your responsibility to ensure cleared funds are available in your nominated bank account/credit card to meet the direct debit payment. If a debit is returned unpaid by your financial institution, you will be responsible for payment of the debit plus an additional $15.00 for return fees and administrative costs incurred by the third party billing provider (Debit User). If the third party billing provider (Debit User) has not received instruction to  the contrary from you, we will debit both the next due payment and any overdue amounts on your next scheduled debit date.

 

  • This authority shall stand pursuant to the terms and conditions of any contractual agreement between you and Dukes Gym Australia. The administration only of this authority is conducted by The third party billing provider (Debit User) acting as a billing agent for the business. The services provided by The third party billing provider are administrative only and do not extend to the provision of any services or benefits provided by the business/centre. This authority shall be interpreted and enforced pursuant to the laws of the state of Queensland.

 

  • To stop or cancel a direct debit it is recommended that you contact Dukes Gym Australia in the first instance. The terms and conditions or any agreement between you and the business for whom The third party billing provider (Debit User) acts on behalf of must be complied with. However, if a dispute occurs between you and the business all enquiries regarding a stop or cancellation of a direct debit should be directed to either the third party billing provider (Debit User) or your own financial institution.

 

  • Collected funds are held in trust until In event of fraud where the third party billing provider is not at fault, the third party billing provider will be free of any legal liability.

 

  • No account records or account details will be disclosed to any person or persons except where such information is required in connection with any claim relating to an alleged incorrect or wrongful

 

  • All enquiries in relation to refunds must be directed to Dukes Gym Australia

 

13.2 Authority to deduct Fees

 

By nominating a credit or debit account, you authorise our Biller, to deduct from that account all Fees and other charges you are responsible for under this Agreement. You must keep your account details up to date.

13.3 Late or rejected direct debit payments (Also see clause 12.7)

(a)         You must ensure there is enough money in your nominated account on the usual payment day, or the next working day if that falls on a day when banks do not process payments.

(b)         If there is not enough money ln your nominated account on the usual payment day, or there is another reason that your account was unable to be debited (except one within the Biller’s control), you will be charged the Biller’s Administration Fee. This will be added to your next debit amount. Prior arrears may also be included.

(c) You authorise our biller to deduct any unpaid arrears outstanding on your account.

(d) Your bank or credit provider may charge you a fee for overdrawing your account if you do not have enough money in your account when payment is due.

 

14. OTHER SERVICES

 

14.1 There may be other services, including personal training services, offered at Clubs by contractors, licensees and others which are offered separately to services provided under this Agreement. You will need to pay applicable fees directly to the providers of these services and agree to separate terms and conditions.

14.2 We are not responsible for these third party provided services including fees or any associated costs claims or refunds

 

15.       CHANGES TO YOUR AGREEMENT

 

15.1  We may sometimes  make changes to this Agreement, including our Club Rules. If we do this, we will try to do this fairly and by giving you a chance to cancel your Membership if you are adversely affected by the change and do not agree to it.

15.2  We will make reasonable efforts to tell you of any change in advance and when it will take effect. Subject to other Terms, the effective date will generally be at least 28 days from the date we tell you about the change unless it is not practical for us to tell you at this time. Your Membership will be amended from the effective date.

15.3    You cannot cancel under this clause in the case of a transfer of your Membership or if we have to make the change to comply with a Law or a directlon of a relevant authority.

16.       OUR LIABILITY TO YOU

16.1   Statutory guarantee

(a) Under the ACL we guarantee that the services we supply:

(i)           are provided with due care and skill;

(ii)          are reasonably fit for any purpose you have told us you are using the services for

or told us you wish to achieve; and/or

(iii)         are supplied in a reasonable time.

(b) Under certain legislative provisions, however, we can ask you to accept some limitations to the ACL guarantees.

(c) If you sign this Agreement, you agree, to the extent allowed by section 139A of the CCA, to exclude or modify our liability to you for death or injury from our failure to comply with ACL guarantees.

(d) This exclusion does at apply if your death or injury is caused by our “reckless conduct” (as defined in the CCA).

 

16.2 State based notices: Victoria Only

The ACL Exclusion notice: “Warning Under the ACL and Fair Trading Act 2012” applies if attached to this Agreement and signed by you.

16.3 Other implied terms

Nothing in this Agreement excludes, restricts or modifies any terms, conditions, warranties, guarantees, rights or remedies which cannot lawfully be excluded, restricted or modified. Otherwise, unless expressly included in this Agreement, all implied terms, conditions, warranties, guarantees, rights or remedies that can be lawfully excluded are    excluded. In particular, but subject to clause 16.1 and 16.2, we are not liable for death or injury caused by our negligence or breach of implied terms that services will be provided with reasonable care and skill at common law. This does not exclude our liability for reckless conduct.

 

16.4     Loss of property

You promise not to unnecessarily bring valuables into a Club and agree that it is not the obligation of the Club to look after unattended property.

17.     YOUR RESPONSIBILITY FOR DAMAGE

You agree to pay for any loss or damage to the Club or the Facilities and Services caused by you or your guests through a wilful, wrongful or negligent act or as a result of your, or their breach of this agreement.

  1. Club Closures

(a)         We may need to close our Club for a period of time, for example, due to an emergency, or if required by a court order or by law.

(b)         We may close our Club up to 14 days in any 30 day period under clause 18(a) and keep charging Membership Fees.

(c) If we close the Club for between 15 and 30 days under clause 18(a) in any 30 day period, clause 18(e) applies.

(d) We may also close the Club for up to 30 consecutive days if it is being refurbished or relocated.

(e) If we close the Club under clause 18(c) or 18(d) we may keep charging Membership Fees If you are able and willing to use another Club. If you are not able or witting to use another club we will freeze your Membership at no cost to you and extend your Agreement for a time equal to the closed period.

(f) We will try, but cannot promise we will be able, to tell you about any Club closures in advance.

 

19. COMPLAINTS AND FEEDBACK

19.1 If you have any concerns about the Facilities and Services or anything else in relation to your Membership, you should first raise it with Club staff.

19.2 If you are uncomfortable about approaching, or do not wish to approach club staff, or are not happy with the response given, you may send a complaint to the head office of Dukes Gym Australia by e mail to admin@dukesgym.com.au.

19.3 Complaints will be dealt with in accordance with the Dukes gym Australia complaints policy.

 

20. GENERAL LEGAL MATTERS

20.1 We are not responsible if Members cannot use our Club because of an event caused by a natural force (such as a fire or a flood) or a road or building closure or something similar beyond our reasonable control. If this continues for more than 30 days, then either you or we may cancel this Agreement immediately by written notice. No Fee will apply.

20.2 Severability

If a court decides that any part of this Agreement is or becomes illegal, void or unenforceable, that part is deleted and this does not invalidate the rest of this Agreement.

20.3     Waiver

If we do not enforce our rights under this Agreement at any time, it does not mean that we may not do so in future. period.

 

20.4 Entire agreement

You agree that we have not made any representations or promises that you have relied that are not in this Agreement.

 

20.5 Applicable law

The law of the state/territory set out in the Details applies to this Agreement

Dukes Gym Newsletter

 

Get the latest on all things happening at Dukes. Every month you'll get new info on: 

- Training Tips

- Nutrition Advice 

- Upcoming Events 

- Exclusive Special Offers

You have Successfully Subscribed!

Download Complete Body Transformation

 

Enter your details below to recieve the free eBook 'Complete Body Transformation'. Covered in the eBook is: 

- Training principals for maximum results

- Nutrition guides to simplify your diet

- Rules for a winning mindset

Check your inbox for the eBook - Complete Body Transformation.

Download Gaining Muscle

 

Enter your details below & recieve the free eBook 'Gaining Muscle'. Covered in the eBook is: 

- Advice from the experts

- Training principals for maximum results 

- Nutrition guides to simplify your diet

Check your inbox for your copy of Gaining Muscle

Download Getting Lean

 

Enter your details below to recieve the free eBook 'Getting Lean'. Covered in the eBook is: 

- Advice from the experts

- Training principals for maximum results

- Nutrition guides to simplify your diet

You have Successfully Subscribed!