Terms & Conditions
1. INTRODUCTION
Welcome to Inertia Fitness. Before you embark on your fitness journey with us, it is essential that you thoroughly understand and willingly commit to complying with our terms
and conditions. These terms and conditions govern the use of the facility and impose legally binding obligations (including financial obligations) for which you are responsible. By
entering into a membership or using our facility, you agree to be bound by these terms and conditions. These terms and conditions are to be read in association with the Waiver
and Release Form, which is incorporated by reference.
You acknowledge and willingly agree:
that you have been provided with a copy of these terms and conditions for your review,
that you have read, understood, and agreed to adhere to the terms and conditions outlined herein,
that you acknowledge you are in good physical condition and have no medical reasons, impairments, or disabilities that would prevent you from safely participating
in any activities including physical activities at Inertia Fitness. You understand and accept that participation in all activities, including but not limited to fitness
programs, workouts, exercises, use of fitness equipment, use of recovery facilities and equipment, allied health services, and any other services and activities offered
by Inertia Fitness, inherently carries a risk to your health and well-being,
that you, (including your heirs, successors, executors, administrators, agents and assigns) hereby agree to release, indemnify, discharge, and hold harmless Inertia
Fitness and its owners, directors, employees, agents, affiliates, volunteers and independent contractors from any and all claims, losses, liabilities, demands, actions,
or causes of action that may arise from your participation, including but not limited to personal injury, illness, property damage, or any other loss or damage that
may occur as a result of your involvement
that you hereby agree to sign a Waiver and Release Form, releasing Inertia Fitness from any claims or demands arising from your participation in our programs.
Your safety is our top priority, and we encourage you to seek professional advice if you have any concerns about your ability to engage in any services and activities offered. Your
commitment to these terms and your health is greatly appreciated. The information outlined in these terms and conditions can and will be used in the event of a discrepancy.
2. DEFINITIONS
Inertia Fitness: Inertia United Pty Ltd A.C.N 659 467 562 at trustee for the Inertia Fitness Trust A.B.N 47 615 241 028, 328-330 Montague Rd West End QLD 4101,
including associated registered business names that may vary from time to time.
Agreement: "Agreement" pertains to this document, encompassing all the terms, conditions, rules, and regulations established by Inertia Fitness, which you have
accepted and agreed to when becoming a member.
You, Your, Member: "You," "Your," and "Member" refer to any individual who has signed this agreement and become a member of Inertia Fitness, thereby agreeing
to abide by the terms and conditions outlined herein. In the case where the Member is under the age of 18, "You," "Your," and "Member" also encompass the child,
and their parent or legal guardian, who has consented to and signed this agreement on behalf of the minor Member. It is understood that the parent or legal
guardian assumes responsibility for ensuring that the minor Member complies with all terms and conditions, rules, and regulations of Inertia Fitness, and that the
parent or legal guardian is authorized to make decisions and provide consent on behalf of the minor Member.
Top of Form
Affiliate Businesses, Corporate Partners, Collaborative Partners: "Affiliate Businesses", "Corporate Partners" and "Collaborative Partners" or other similar descriptive
terms refers to any affiliated businesses or organizations that may collaborate with Inertia Fitness to offer services, promotions, or benefits to members, including
but not limited to subsidized Inertia Fitness membership fees for its employees. These businesses may be subject to additional terms and conditions.
Centre, Club, Facility, Premises: "Center", "Club", "Facility", "Premises" refers to the physical location operated by Inertia Fitness, where members have access to
various fitness services, equipment, classes, amenities, and recovery equipment as specified in their membership agreement. The term may also encompass any
additional Inertia Fitness-owned or operated or affiliated locations where membership privileges are extended, subject to the terms and conditions of this
agreement.
Continuous Agreement: "Continuous Agreement" or "Continuous Membership" refers to a membership agreement that remains in effect until canceled by the
member. This agreement automatically renews, providing ongoing access to our facilities and services, subject to compliance with the terms and conditions outlined
herein. To cancel a Continuous Agreement, members must adhere to the cancellation process specified in these terms and conditions.
Prepaid Membership: "Prepaid Membership" refers to a membership agreement that is paid in advance and grants access to Inertia Fitness facilities and services for
a predetermined number of sessions, or a predetermined period, as specified in the Prepaid Membership package purchased.
Website: "Website" denotes the official online platform of Inertia Fitness, accessible at www.inertiafitness.com.au and extends to other such websites
and social media pages, owned and operated by Inertia Fitness from time to time, which serves as a resource for information, class schedules, membership details,
and other relevant content.
3. MEMBERSHIP
3.1 MEMBERSHIP ENTITLEMENTS
As a member of Inertia Fitness, you are entitled to the following privileges, pending your membership level limitations and conditions:
3.1.1
3.1.2
3.1.3
3.1.4
3.1.5
3.1.6
Participation in Scheduled Classes: You are permitted to participate in normally scheduled classes as many times as you wish within the specified
membership period, subject to any limitations imposed by your membership type, including club access restrictions. Please be aware that additional fees
may be applicable for specific programs or challenges offered by Inertia Fitness.
Open Gym: You are permitted to access the gym facilities during designated hours as determined by Inertia Fitness. All access to the open gym is subject
to availability and limitations may apply. All access to the open gym must be booked in advance through the Inertia Fitness App.
Recovery Amenities and Allied Health Services: Use of Recovery amenities and allied health services are available to all members whose membership
level incorporates this feature, subject to the limits allowable, as determined by Inertia Fitness, which may change from time to time. For dietetics and
nutritional services, members are entitled to one initial longer consultation to commence their program, followed by one standard follow-up
consultation every fortnight unless otherwise agreed upon.
The use of recovery amenities is permitted only by booking a designated timeslot through the Inertia Fitness app. Members are restricted to utilizing
recovery amenities once per day, unless expressly authorized in advance by the Manager, at their absolute discretion.
To ensure fairness and courtesy to all members, it is imperative that members adhere to their booked timeslots and refrain from impeding on the
reserved timeslots of other members. We encourage a respectful and cooperative environment where all members can make the most of these
amenities and services.
Changes and Modifications: Inertia Fitness reserves the right to make changes or modifications to its services and facilities, including but not limited to:
Exercise Equipment: We may alter or replace exercise equipment provided at any time to enhance the quality of your fitness experience and safety.
Class Timetable: We may make adjustments to the class timetables at any time, which includes the ability to change class types, schedules, and
instructors. These adjustments may occur for various reasons, including program enhancements and operational considerations. We are
committed to providing you with a diverse and engaging fitness experience and will make efforts to communicate any significant changes in
advance.
Recovery Amenities: We may change, alter or replace recovery amenities for various reasons including but not limited to unforeseen circumstances
such as equipment failure, cleaning, maintenance, and upgrades aimed at enhancing the recovery offerings.
Allied Health Services: Our allied health services may be delivered through various methods, including face-to-face consultations and virtual
consultations, to accommodate the diverse preferences and requirements of our members. We maintain the flexibility to adjust and expand our
offerings as needed, taking into consideration operational requirements and evolving member needs and availability of qualified consultants.
Processes and Policies.
Inclusions within memberships.
3.1.7
Affiliate Businesses, Corporate Partners, Collaborative Partners, sponsorships, endorsements, partnerships, and any agreements made with businesses or
organizations that may collaborate with Inertia Fitness may be subject to additional terms and conditions as negotiated and agreed upon. The additional
terms and conditions apply in addition to these general terms and conditions.
3.2. MEMBER'S RIGHT TO CANCEL
You have the right to cancel your paid membership (does not apply to trials, free or gifted memberships which can be cancelled at any time) by providing Inertia Fitness with a minimum of 30 days' notice in writing.
Your paid membership agreement shall not be considered
cancelled until such time as Inertia Fitness confirms the cancellation date in writing to you. All membership fees must be paid up until the end of the notice period, even if you
choose not to use the facilities before or after providing notice of cancellation.
3.3. OTHER WAYS YOU CAN END A MEMBERSHIP
You may also cancel your membership with Inertia Fitness under the following circumstances:
3.3.1
3.3.2
3.3.3
3.3.4
Adverse Changes to Agreement: Inertia Fitness reserves the right to make changes to this agreement. In the event that changes are made which
adversely affect your membership, you may have the option to cancel your membership. You will be notified of such changes in accordance with the
terms of this agreement.
Consumer Legislation: You may have the right to cancel your membership under applicable consumer legislation. If such legislation entitles you to do so,
you may exercise this right following the stipulated legal requirements.
Mental Incapacitation: If you become mentally incapacitated and are unable to continue your membership, you or your legal guardian may request the
termination of your membership by providing relevant documentation supporting your incapacity.
Medical Cancellation: If you wish to cancel your membership for medical reasons, you must provide Inertia Fitness with a valid medical certificate
verifying your condition. In exceptional circumstances, at its sole discretion, Inertia Fitness reserves the right to reduce the cancellation notice period in
response to medical circumstances, with the aim of accommodating your needs.
In all cases of membership termination, you must provide written notice to Inertia Fitness as outlined in the terms and conditions, and any specific conditions related to the
termination process will be communicated to you as applicable.
3.4. WAYS INERTIA FITNESS CAN END A MEMBERSHIP
Inertia Fitness reserves the right to terminate a membership under the following circumstances:
3.4.1
3.4.2
3.4.3
3.4.4
Failure to Abide by Conditions of Entry: If a member fails to comply with reasonable conditions of entry into Inertia Fitness facilities, including but not
limited to adherence to facility rules, dress code, safety guidelines, and hygiene protocols.
Violation of Terms and Conditions: If a member fails to abide by the obligations, terms, and conditions, or policies of Inertia Fitness, as outlined in this
agreement or any other facility-related documents provided.
Inappropriate Conduct: If Inertia Fitness believes that a member has engaged in inappropriate conduct that infringes on the health, safety, or well-being
of other members or staff, including but not limited to disruptive or aggressive behavior, harassment, or any action that poses a risk to others.
Temporary or Permanent Facility Closure: In the event of the temporary or permanent closure of the facility where a suitable replacement facility is not
available for the member to transfer to. This may occur to protect the health and safety of other members due to unforeseen circumstances or facility
related issues.
In the event of a termination under this provision and where deemed appropriate by Inertia Fitness, the member shall be refunded the unused proportion of membership fees,
less any applicable cancellation fees. The decision to terminate a membership shall be at the sole discretion of Inertia Fitness and may be communicated to the member in
writing.
3.5. TRANSFERRING A MEMBERSHIP
3.5.1
3.5.2
3.5.3
3.5.4
3.5.5
3.5.6
Foundation, Family and Friends, and general memberships are not available for transfer.
Pre-paid memberships may be transferred to another individual, hereinafter referred to as the "Transferee," at the discretion of Inertia Fitness. The
following conditions apply to the transfer process:
Administration Fee: A transfer of a pre-paid membership will incur an administration fee of $30. This fee is non-refundable and must be paid by the
Transferor (current member) at the time of initiating the transfer request.
Acceptance of Terms and Conditions: The Transferee must complete the sign-up process and agree to accept the terms and conditions, as well as the
waiver and release agreement.
Eligibility of Transferee: The Transferee must not have been previously terminated or banned by Inertia Fitness to be eligible for the membership
transfer.
Effective Transfer: The transfer of the pre-paid membership will only be deemed effective once the Transferee has successfully completed the sign-up
process, and the transfer administration fee has been paid.
3.5.7
Discretion for Transfer Approval: Inertia Fitness management reserves the right to approve or deny any membership transfer request at its sole
discretion.
3.6. COOLING OFF PERIOD
3.6.1
3.6.2
3.6.3
3.6.4
Foundation Members: Foundation members, defined as those who join within the initial launch period of Inertia Fitness, are entitled to a cooling off
period of seven (7) days commencing from the official opening date of the facility. During this period, foundation members may cancel their membership
by providing written notice to Inertia Fitness.
Other Memberships: For all other memberships, there is a cooling off period of forty-eight (48) hours from the date you sign up for your membership.
During this time, you may cancel your membership.
Cancellation Procedure: To exercise your right to cancel within the cooling off period, you must provide written notice to Inertia Fitness within the
specified time frame. Notice can be submitted via email or written communication to the contact details provided by Inertia Fitness, or by completing
and signing a cancellation form at Reception.
Refund and Deductions: In the event of a valid cancellation during the cooling off period, any refund of your membership fees will be processed via direct
deposit into a nominated Australian bank account only. Please note that an administration fee, as well as the cost of any fitness services already supplied
during the cooling off period, may apply and will be deducted from the refund amount.
3.7. MINIMUM TERM AND CONTINUOUS MEMBERSHIP
By becoming a member of Inertia Fitness, you agree to a minimum term of thirty (30) days for your membership. All memberships offered by Inertia Fitness are on a continuous
basis, with your membership remaining active until you choose to cancel it in accordance with the cancellation terms outlined in this agreement.
This continuous membership arrangement allows for flexibility and convenience, ensuring that you can enjoy the benefits of Inertia Fitness without the need for repeated sign
ups. Please note that you are responsible for membership fees during the entire duration of your membership, including the initial thirty (30) day minimum term.
3.8. PRE-PAID MEMBERSHIPS
All pre-paid memberships are non-refundable. Once a membership fee has been paid, it is considered final, and no refunds or partial refunds will be provided. However, pre-paid
memberships may be eligible for transfer in accordance with the terms and conditions contained herein.
Some specific pre-paid memberships will note an expiration date for use. These pre-paid memberships must be used within the expiry date noted, as indicated in the terms of
that particular membership option. Failure to use the pre-paid membership within the specified expiry date will result in forfeiture of any remaining sessions or benefits
associated with the pass. Pre-paid memberships are limited to their access levels and advertised, for example a "10-class pass" for group fitness classes only will not allow for
use recover facilities or booking of the recovery suites.
Inertia Fitness may at times negotiate with corporate businesses for discounts and negotiated terms for annual or specific period paid-in-advance memberships, such negotiated
agreements are subject to the offer terms as offered by Inertia Fitness in writing, and apply in addition to these standard terms and conditions.
3.9. MEMBERSHIP FEE INCREASE
Inertia Fitness reserves the right to adjust membership fees as necessary to ensure the sustainability and quality of our services. Members will be notified of any upcoming fee
increases at least two (2) months in advance of the effective date of the increase.
This fee adjustment policy applies to any or all membership rates excepting foundation members, and any past, current, or future membership offering that includes an
indefinite locked-in membership fee rate clause. Members with such locked-in rates will not be subject to fee increases for the duration of their locked-in rate period.
In the event of a fee increase, members will receive written or electronic notification specifying the new rates, effective date, and any relevant details. Members will have the
opportunity to review and accept the new rates or make changes to their membership status in accordance with the provided notice. By continuing the membership after the
effective date of a fee increase, members acknowledge and accept the revised membership fees as communicated by Inertia Fitness.
3.10. MEMBERSHIP FREEZE
Inertia Fitness offers members the option to freeze their memberships under the following conditions:
3.10.1
3.10.2
3.10.3
3.10.4
3.10.5
3.10.6
3.10.7
3.10.8
No Backdating: Membership freeze requests cannot be backdated except under extreme, case-by-case circumstances, such as emergency hospitalization,
and only when explicitly authorized by the Manager.
Minimum Freeze Duration: Members can request a freeze for a minimum duration of one (1) week.
Maximum Freeze Duration: Members are allowed to freeze their membership for a maximum total duration of four (4) weeks per calendar year. This
duration includes weekends, public holidays, and non-opening dates, if any.
Extended Freeze: If a member wishes to freeze their membership for more than four (4) weeks per calendar year, they may do so by paying a fee of $10
per week until their return. This extended freeze period will be applied in one-week incremental periods.
Manager's Discretion: Any additional changes to membership freeze durations or conditions are at the sole discretion of the Manager.
Cancellation During Freeze: If a member elects to cancel their membership during a freeze period, the freeze period will not count towards the
cancellation notification period, and standard cancellation terms will apply.
Calendar Year Limit: Freeze limits apply within a calendar year, and they include weekends, public holidays, and non-opening dates as part of the counted
duration.
Entitlement Freeze: During the freeze period, all entitlements and benefits associated with your membership will be temporarily frozen and inaccessible.
This includes access to facilities, classes, and any other membership benefits.
3.11. OVERDUE FEES AND REVOCATION OF MEMBERSHIP ENTITLEMENTS:
Membership fees are debited on a weekly basis, commencing from the start date of this agreement. It is the member's responsibility to ensure that their direct debit account
maintains sufficient funds to cover these recurring payments.
In the event of arrears, Inertia Fitness reserves the right to recover the outstanding debt either before or alongside the next scheduled weekly debit, unless the arrears are
promptly settled. Furthermore, Inertia Fitness retains the right to revoke access to the facility and all associated membership entitlements for any member with outstanding
arrears.
Any expenses incurred by Inertia Fitness for the recovery of arrears or due to failed payments will be directly charged to the member's account. If arrears persist following three
(3) consecutive debit attempts, you agree to allow Inertia Fitness to enlist the services of debt recovery agencies and/or legal representation, if deemed necessary, to retrieve
the outstanding arrears. The member shall assume sole responsibility for the payment of, or reimbursement of, all costs, including third-party expenses, associated with the debt
recovery process. We encourage all members to uphold up-to-date and timely payments to avoid any disruptions to their membership and to minimize any potential additional
costs.
3.12. SPECIAL CONDITIONS:
If there are specific conditions or benefits associated with your membership type, these will be outlined in your membership agreement. In cases where your membership grants
you a free or unpaid time period, you will not be billed for your weekly fees during the designated free or unpaid promotional period. It's important to note that this free or
unpaid period is considered separate from the minimum term of your membership and does not affect the overall payment schedule required to fulfill your membership
agreement.
Any online only memberships are for the sole private use of the member only, and not for redistribution or resale. Inertia Fitness reserves all legal, ownership and copyright
rights.
3.13. LATE CANCELLATION OR NO-SHOW FEES:
Members who cancel their bookings within six (6) hours of the scheduled start time, or do not attend a booked class, consultation, or activity, will incur an automatic fee of $5
for each occurrence. This fee aims to encourage responsible and considerate use of our services and to minimize disruptions to other members.
Late cancellation or no-show to consultation appointments, including nutritionist or dietician appointments, may result in the forfeiture of the benefit for that particular period.
We kindly request all members to manage their bookings responsibly.
3.14. MINORS
3.14.1
YOUTH
Minors aged 14 to 17 years may be eligible for a membership at Inertia Fitness, subject to the following age policy and the general terms and conditions outlined
below:
14 to 15 Years: Membership is permitted with the consent and signature of the minor's parent/legal guardian. Access must be accompanied by a parent,
legal guardian, or a suitably qualified personal trainer or other accepted exercise professional.
Members in this age group are not eligible to redeem Trial or Guest Passes or similar promotions.
Permitted usage for this age group includes non-weight-based group fitness, cardio equipment, other equipment prescribed by a medical or
exercise professional, and programs developed specifically for minors, (subject to the age and supervision policy of each specific program).
Use of the open gym facility or recovery equipment is prohibited in this membership class unless accompanied by, and specifically instructed
from a competent and qualified Inertia Fitness affiliate coach or trainer.
16 to 17 Years: Membership is permitted with the consent and signature of the minor's parent or legal guardian. Minors in this age group can access the
facility independently (without a parent or legal guardian).
Members in this age group are eligible to redeem trial guest passes or guest visits, but only if a parent or legal guardian attends the Club on
the first visit and signs as a guarantor on the waiver.
Permitted usage for this age group includes all group fitness classes, all challenges, weight-based equipment, cardio equipment, open gym
use, use of recovery equipment and participation in programs (subject to the age policy of each specific program).
Minor Additional Terms and Conditions:
By enrolling as a minor member at Inertia Fitness, you acknowledge and accept the terms and conditions related to your membership, as specified
herein. These policies are designed to ensure the safety, supervision, and well-being of younger members while providing them with the opportunity to
engage in age-appropriate fitness activities.
The minor must comply with all safety requirements of Inertia Fitness as communicated from time to time.
The minor's membership may be cancelled for any inappropriate behavior, misuse of equipment, or failure to comply with safety
requirements.
The minor must adhere to the applicable sections of the age policy.
3.14.2
BABIES & CHILDREN
Inertia Fitness recognizes the importance of providing fitness opportunities that accommodate parents and guardians with young children. To facilitate this, parents and
guardians may be allowed to bring their young children to specialized classes or similar initiatives specifically designed for this purpose. Babies and children are not permitted in
the facility outside of these specialized activities. Inertia Fitness does not have a crèche or babysitting capability.
Supervision and Acknowledgment of Responsibility: Parents and guardians acknowledge that when participating in specialized classes which allow for accompanying babies and
children, they accept full responsibility for the supervision, safety and well-being of their child during these sessions and understand that Inertia Fitness and its owners, directors,
employees, agents, affiliates, volunteers and independent contractors are not responsible for the direct supervision of children.
One Parent to One Child Ratio: To ensure the safety and quality of the experience, it is mandatory that there is a one-adult-to-one-child ratio for participation in all specialized
classes that allow for accompanying babies and children. Each parent accompanying a child must be a registered member of Inertia Fitness, and these terms and conditions
extend to all persons involved, including children.
Right to Remove or Decline Membership: Inertia Fitness reserves the right to remove participants or decline membership or participation in specialized classes which allow
babies and children, if it has concerns over the safety or suitability of the fitness class offering, or for any other reason it deems appropriate. The safety and comfort of all
participants are of paramount importance, and Inertia Fitness will make decisions in the best interest of its members.
By participating in the specialized classes or similar initiatives which allow for babies and children to accompany an adult, parents and guardians acknowledge and agree to
comply with these terms and conditions.
3.15
CONTINUED APPLICABILITY
3.15.1
3.15.2
3.15.3
3.15.4
Intention to Join and Acceptance: By becoming a member of Inertia Fitness, you acknowledge that you have read, understood, and agreed to abide by
the Terms and Conditions, Privacy Policy, and Waiver provided by Inertia Fitness. You also affirm that your intention to join and accept these terms is
genuine and made in good faith.
False or Inaccurate Information: In the event that you provide false or inaccurate information during the membership registration process or at any other
time, you understand and agree that this shall not invalidate or nullify the applicability of the Terms and Conditions, Privacy Policy, and Waiver. These
terms and policies will continue to apply based on your original intention to join and accept them.
Binding Nature of Terms: You acknowledge that the Terms and Conditions, Privacy Policy, and Waiver constitute a legally binding agreement between
you and Inertia Fitness, and they shall remain in full force and effect regardless of any false or inaccurate information provided by you. Your membership
is contingent upon your ongoing compliance with these terms and policies.
Responsibility for Accuracy: It is your responsibility to ensure that all information you provide to Inertia Fitness is accurate, complete, and up-to-date.
Failure to provide accurate information may result in the termination or suspension of your membership.
4. GENERAL CONDITIONS OF ENTRY AND FACILITY CLUB CODE
4.1
4.2
4.3
4.4
4.5
General Entry: All members are welcome to access the facility during operational hours or within their membership limitations.
Guests/Visitors/Public Access: All non-members, guests, visitors and public are restricted to the reception area upon arrival at Inertia Fitness until they
have completed an online guest pass and waiver, and have explicitly accepted the terms and conditions stated herein. However, parents and legal
guardians accompanying minors are exempt from this requirement, provided they are solely present to supervise their child and do not intend to engage
in Inertia Fitness activities or use of equipment or facilities.
Some Inertia Fitness members may have memberships which allow for the member to bring a friend or guest to join in the activities or use of facilities. All
friends, visitors and guests must complete the online guest pass and waiver, and accept the terms and conditions prior to use of any facilities or offerings
by Inertia Fitness. Guests are limited to a one-time use of the recovery facilities only when attending with a member for the purposes of trailing the
facilities only.
For public and promotional events, Inertia Fitness reserves the right to allow access to public without the need to individually sign up all attendees to the
online membership which includes terms and conditions, and the waiver. Inertia Fitness will at all times have a public terms and conditions statement
and allow access for public to sign up as a member or guest via the app, and ability to read and accept these comprehensive terms and conditions prior
to engagement and provide a waiver. It is expressly noted that Inertia Fitness is unaware of and assumes no liability for injury or other conditions
sustained by the public participant, and all public participants accept risk and liability for their engagement.
Inertia Fitness reserves the right to refuse entry, or request that a member or visitor leave the premises, if they engage in any of the following:
Abusive or Threatening Behavior: The use of abusive or threatening language or actions towards fellow members, staff, or other visitors is strictly
prohibited and may result in refusal of entry or removal from the facility.
Influence of Drugs or Alcohol: Entry to the facility under the influence of drugs or alcohol is not permitted. Members and visitors are expected to
maintain a sober and responsible demeanor while on the premises.
Risky or Inappropriate Behavior: Any behavior that Inertia Fitness staff consider to be risky or seriously inappropriate is not tolerated. This includes
actions that pose a danger to oneself, others, or the facility's environment.
Tailgating: Inertia Fitness reserves the right to monitor entry of all members including the use of cameras and tailgating detection equipment. In the
event a member is caught bringing guests or non-members into the facility, Inertia Fitness reserve the right to automatically charge the member a
Tailgate Fee of $60 for each non-member guest each occasion. In excessive misuse situations, Inertia Fitness reserves the right to formally warn, or
terminate the member.
Injury and Hazard Reporting: It is a requirement that if any member sustains an injury or near-miss whilst at Inertia Fitness or identifies a hazard or
potential hazard, that they immediately report this to a staff member at the time of the event. Inertia Fitness has a management policy and procedure
for documentation and dealing with any injuries and near-misses, however small or insignificant, and for dealing with hazards or potential hazards. Near
miss means an incident that could have resulted in an injury or illness to people, danger to health, and/or damage to property, the facility or the
environment. Inertia Fitness requires all injuries or near-misses to be reported in writing to the Manager, within 24 hours of the incident, or within 7 days
should there be hospitalization or incapacitation involved. Inertia is committed to a safe and positive environment for all members and staff.
5. DISCLOSURE OF YOUR PHYSICAL CONDITION AND NO MEDICAL ADVICE
You represent that you are in good physical condition and have no medical reasons, impairments, or disabilities that would prevent you from safely participating in any activities
including physical activities at Inertia Fitness. You acknowledge that Inertia Fitness owners, directors, employees, agents, affiliates, volunteers and independent contractors will
not, and cannot, provide you with medical advice. If you have any health or medical concerns either now or during your membership, you acknowledge it is your responsibility to
discuss it with your doctor prior to participating in any services or opportunities offered by Inertia Fitness. You agree to promptly inform the Inertia Fitness in writing of any
changes to your health status that differ from your previous disclosures.
You agree to disclose all relevant personal health and fitness information both before and during your engagement in any exercise program, service, or facility provided by
Inertia Fitness as part of your membership. This includes health risk assessments, initial and periodic fitness assessments, and any recommendations from your medical or allied
health practitioners. You also warrant that you will refrain from using our facilities, services, or products while suffering from infections, contagious illnesses, diseases, physical
ailments or if you are unhygienic, understanding it may pose risk to other members and guests.
Inertia Fitness provides wellness and recovery offerings including but not limited ice-bath cold plunge, infrared sauna, compression and recovery equipment, massage,
nutritional or dietetic advice. These facilities are not monitored or staffed 100% of the time, so you hereby agree to use these facilities in a safe and appropriate manner that
does not put yourself or others in danger. You agree to use these facilities safely and appropriately and understand some or all of these offerings may not be recommended for
pregnant women, children, the elderly, or others with medical conditions.
6. ASSUMPTION OF RISK OF INJURY AND WAIVER OF CLAIMS
You acknowledge and assume all risks of injury, and you waive any rights to pursue financial compensation or any other form of relief of any kind arising from any incident on or
near Inertia Fitness premises or any location utilized by Inertia Fitness. In the event of an injury on the premises or during an Inertia Fitness-sponsored event, you (including your
heirs, successors, executors, administrators, agents and assigns) hereby agree to release, indemnify, discharge, and hold harmless Inertia Fitness and its owners, directors,
employees, agents, affiliates, volunteers and independent contractors from any and all claims, losses, liabilities, demands, actions, or causes of action that may arise you're your
participation, including but not limited to personal injury, illness, property damage, or any other loss or damage that may occur as a result of your involvement. You understand
the potential hazards associated with physical, recovery and allied health activities, including the risk of physical injury and death, and voluntarily waive your right to pursue any
legal or equitable claims against Inertia Fitness and its owners, directors, employees, agents, affiliates, volunteers and independent contractors, successors, and assigns.
7. OUTSIDE PROVIDERS
Inertia Fitness may allow contractors, tenants, and consultants who offer various services to operate within our premises, including personal training, physiotherapy, massage,
psychology, and others. Your engagement with these outside providers constitutes a direct contract between you and the outside provider, even if Inertia Fitness administers
bookings or collects fees on their behalf. Any claims, disputes, or issues related to services provided by outside providers must be directed to the respective outside provider
directly. Inertia Fitness assumes no responsibility for any breach of contract, negligence, or any other matter arising from your interactions with outside providers. To the extent
permitted by law, you hereby release Inertia Fitness from any claims, liabilities, or actions resulting from acts or omissions by outside providers.
8. USE OF EQUIPMENT AND FACILITIES
To ensure a safe and respectful environment for all members, please adhere to the following guidelines when using equipment:
a) Equipment Reset: Kindly return all equipment to its original state after use.
b) Safety Instructions: For the safety of yourself and others, it is essential to follow all equipment operating and safety instructions provided on the equipment.
c) Seek Guidance: If you are unsure of the correct use or operation of any equipment, please consult a coach, instructor, or other staff member for guidance before use.
d) Cleanliness and Courtesy: As a courtesy to fellow members, please use a clean towel when utilizing the equipment and wipe it down thoroughly after use. This helps maintain
a hygienic and comfortable environment for all.
e) Hygiene: Members are required to use equipment and facilities mindfully, maintaining proper hygiene, and following all safety instructions provided. Please ensure that
equipment is used responsibly, wiped down after use, and any spills or hazards are promptly reported to staff.
f) Fair Use Policy: All members are required to promote fair and considerate use of equipment and recovery facilities. A guideline to the fair use of recovery facilities and
bookings to the recovery suits for "Unlimited+" members is one booking per day in peak periods or weekends, plus one booking per day in off-peak periods. A guideline to fair
use of recovery equipment in the recovery lounge for all members who have access to these facilities in their membership is one 20 minute session per day in peak periods or
weekends and one 30 minute session per day in off-peak periods. Limitations on non-member, guest and visitor use of recovery facilities apply and is subject to management
discretion. Inertia Fitness reserves the right to monitor adherence with this Fair Use Policy. Members not in compliance with these guidelines may receive a warning or may
experience limitations or suspensions on their booking ability. Our aim is to ensure that all members can enjoy the benefits of our recovery facilities and equipment in a fair and
considerate manner.
9. NON-SMOKING
Smoking, including the use of electronic cigarettes or vaping devices, is strictly prohibited on the premises of Inertia Fitness.
10. ADDITIONAL SAFETY MEASURES
Inertia Fitness is committed to prioritizing the safety and well-being of our members and staff. We may, from time to time, implement reasonable health and safety measures to
ensure a safe environment (such as temperature checks prior to accessing our facility in response to COVID-19). In the event that we establish any reasonable health and safety
measures as a condition of entry, and you refuse to comply, you may not be permitted to enter the facility unless a medical exemption is applicable, and you provide us with
appropriate supporting documentation to substantiate such an exemption.
11. DRESS STANDARDS
Suitable clothes and footwear are required in all areas within the gym, including relaxation and recovery zones. Clothing with offensive images or inappropriate advertising is not
permitted.
12. PROPERTY (LOCKERS, STORAGE, VALUABLES, LOST PROPERTY)
a) You acknowledge and agree that you are solely responsible for any damage caused by your willful acts and/or negligence to Inertia Fitness, its facilities, services, products, or
equipment.
b) To the extent permitted by law, Inertia Fitness and its owners, directors, employees, agents, affiliates, volunteers and independent contractors are not responsible for any
damage, loss, or theft of your personal property while in or around the facility premises or external off-site premises used.
c) Lockers and storage shelving are provided for your convenience only and do not constitute security devices.
d) Inertia Fitness cannot assume responsibility for the safekeeping of your personal possessions (e.g., keys, wallets, phones) while you are at the facility.
e) For safety reasons, bags are not permitted on the gym floor.
f) Please note that all lockers and shelves are cleared daily. No personal items are permitted to be stored in lockers overnight. Any items left in the lockers or shelving will be
placed in Lost Property, held for a duration of two weeks, and subsequently either disposed or donated to charity.
13. PARKING
Parking on the premises is at your own risk, and to the extent permitted by law, Inertia Fitness is not liable for any loss or damage to your vehicle or its contents.
14. PERSONAL CAMERA USE
Members are solely responsible for their actions concerning personal camera use within the facility. It is the member's responsibility to ensure they act responsibly and in
accordance with all applicable laws, including but not limited to privacy laws, such as the Privacy Act 1998 (Cth).
15. IN-FACILITY FILMING AND PHOTOGRAPHY
Inertia Fitness may engage in filming or photography within the facility or event, for advertising and promotional purposes. We may capture images or recordings with the
intention of republishing them for online, on social media platforms, and/or for external print purposes. By default, unless you explicitly inform the photographer or staff
member at the time of shooting that you do not wish to be filmed or photographed, you provide broad consent for Inertia Fitness to use your images for the aforementioned
purposes.
16. CCTV
By entering the facility, you acknowledge and consent to the use of Closed-Circuit Television (CCTV) and Facial Recognition Software in and around the premises for safety and
security purposes. Inertia Fitness will only store and utilize these images in strict accordance with our Privacy Policy.
17. PROMOTIONS
Inertia Fitness may periodically run promotional offers that are subject to specific terms and conditions, including defined promotional periods. Please note that these
promotions can only be transferred or redeemed within the specified promotional period and in accordance with the terms and conditions.
18. MEMBER CONTACT DETAILS
It is your responsibility to ensure that your contact information, including your address, email, and payment information, is kept up to date. In the event of any changes to your
contact details, please promptly notify Inertia Fitness to ensure effective communication and billing.
19. INERTIA FITNESS CONTACT DETAILS
If you have any questions, concerns, or require further information, please feel free to contact the Manager and Privacy Officer, Harry Georgiou, directly:
Harry Georgiou | 0423 313 454 | harry@inertiafitness.com.au | 328-330 Montague Rd WEST END QLD 4101
20. NOTICES AND COMMUNICATION
Any notice, demand, consent, approval, or communication directed to Inertia Fitness and its owners, directors, employees, agents, affiliates, volunteers and independent
contractors must be in writing and may be hand-delivered to the Manager directly or sent via registered post (with signature required). Similarly, any notice, demand, consent,
approval, or communication from Inertia Fitness, its owners, or staff to a member or their representative may be in writing and physically delivered, sent via post, or emailed. It
is the responsibility of both parties to ensure effective communication and correspondence.
21. VARIATION
Inertia Fitness reserves the right to vary these terms and conditions from time to time. Any updates or changes to these terms will be made available on the Inertia Fitness
website, app, and waiver, ensuring that members have access to the most current version. It is the responsibility of members to review and stay informed about any such
variations.
22. GOVERNING LAW AND JURISDICTION
These terms and conditions are governed by and construed in accordance with the laws of Queensland. Any disputes, claims, or legal actions arising out of or in connection with
these terms and conditions shall be subject to the exclusive jurisdiction of the courts in Queensland.
23. SEVERANCE
If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, it shall be replaced with a valid, legal, and
enforceable provision that most closely reflects the original intention of the parties, and the remaining provisions shall continue to be valid and enforceable to the fullest extent
permitted by law.
24. PRIVACY POLICY
www.inertiafitness.com.au (the "Website") is owned and operated by Inertia United Pty Ltd ATF Inertia Fitness Trust (ABN: 47615241028), trading as Inertia Fitness and
additional other registered business names (herein referred to as "Inertia Fitness").
Inertia Fitness and all affiliated entities, is committed to protecting privacy and personal information in accordance with the Privacy Act 1998 (Cth), and Australian Privacy
Principles. Further information can be located at on the Office of the Australian Information Commissioner website oaic.gov.au. This Privacy Policy applies in addition to our
terms and conditions.
OVERSEAS DISCLOSURE OF PERSONAL INFORMATION
To assist in providing our services, communications, marketing, membership administration, and customer support, Inertia Fitness may engage third-party service providers located outside Australia. These providers may include software platforms, communication providers, customer relationship management systems, email service providers, SMS service providers, cloud storage providers, and other technology partners.
As part of providing these services, Inertia Fitness may disclose personal information including your name, email address, phone number, membership details, booking information, and other information reasonably required to deliver our services.
Some of these service providers may be located in countries outside Australia, including the United States of America. While Inertia Fitness takes reasonable steps to engage reputable providers with appropriate privacy and security practices, overseas recipients may not be subject to Australian privacy laws.
By becoming a member, using our services, or providing your personal information to us, you acknowledge and consent to the disclosure of your personal information to these overseas service providers for the purposes described in this Privacy Policy.
You may withdraw your consent to receive marketing communications at any time by using the unsubscribe functionality provided or by contacting Inertia Fitness directly. Withdrawal of consent may impact our ability to provide certain services or communications.
PURPOSE
This Privacy Policy is designed to inform you about how Inertia Fitness collects, uses, discloses, and protects your personal information. We are committed to safeguarding your
privacy and ensuring that your personal data is handled responsibly and in accordance with applicable Australian privacy laws and regulations. By using our website or providing
us with your personal information, you consent to the practices described in this Privacy Policy. We have established this policy to demonstrate our commitment to transparency
and to help you make informed decisions about your personal data when engaging with our services. Please take the time to read this policy carefully and contact our Privacy
Officer if you have any questions or concerns.
CONSENT
By using our website or providing us with your personal information, you freely consent to the collection, use, disclosure, and retention of your personal data as described in this
Privacy Policy. We will only use your personal information for the purposes outlined in this policy and in accordance with applicable Australian privacy laws. If you do not agree
with the practices described in this policy, please do not use our website or provide us with your personal information. You have the right to withdraw your consent at any time
however please note that withdrawing consent may impact your ability to access certain features or services provided.
COLLECTING PERSONAL INFORMATION
Inertia Fitness recognizes that individuals have a right to control how their personal or sensitive information is collected and used. Your personal information may include name,
age, date of birth, sex, email address, phone number, address, payment information, auto fill data, emergency contact details, student identification details, employment details,
and other sensitive information.
We may also collect your location data through our online platforms if you choose to enable this service. We may also collect personal information via Social Media, SMS mobile
marketing or from a person's use of the website via contact mailboxes or registration processes, or via mobile sites, applications, widgets and other mobile interactive features
or QR Codes. Personal information is also collected when completing the membership agreement and a health questionnaire.
Our facility has surveillance cameras which may capture your image on film. This information may be used in respect of management and security at our facility and may be
provided to law enforcement or government officials if requested.
USE OF PERSONAL INFORAMATION
We require personal information in order to meet our legal obligations, and provide products or services to you, to render services under a membership agreement, to record
statistical data for marketing analysis of members, develop and adjust fitness regimes and nutritional guidance for your personal needs, provide you with information and offers
or other benefits that may be available to you, to process or consider an application for employment, to promote or market our business, to obtain feedback of your opinion or
suggestions for improvement of our business products and services, contact you to manage your membership and fulfil our obligations to you or your organization, and recover
monies owing to use from time to time, and for other secondary purposes. If we are not provided with all the personal information we request, we may not be able to supply
our products or services to you, and you or your organization may not be able to participate in future offers of services which we supply.
Inertia Fitness may engage external companies or service providers to assist us in providing our services including marketing, communications, debt recovery, product
development, analysis, consulting, provision of services. Personal information will not be used for direct marketing purposes without the individual's consent.
STORAGE OF PERSONAL DATA
Inertia Fitness takes the security and confidentiality of your personal information seriously. We implement industry-standard security measures to safeguard your personal data
from unauthorized access, disclosure, alteration, and destruction. These measures include secure access controls, encryption, regular security assessments, and staff training on
data protection. When you provide us with your personal data, it is stored securely in our systems and databases. Access to this data is restricted to authorized personnel,
including our management, staff, and contractors who require access to perform their business responsibilities.
Our authorized personnel may access your personal information for the following purposes:
1.
2.
3.
Providing Services: Personal data may be accessed by our team members who are responsible for delivering the services you have requested or engaged with.
Internal Operations: Management and staff may access personal information as necessary for internal business operations, such as customer support, quality
assurance, and record-keeping.
Contractors: We may engage contractors or third-party service providers who may access personal information in the course of performing services on our behalf.
These contractors are bound by confidentiality obligations, required to adhere to the same privacy standards outlined in this Privacy Policy, and are only granted
access to the extent necessary to complete their tasks.
By using our website and providing your personal information, you consent to the storage and access of your data by our authorized personnel as described in this Privacy
Policy. We will not disclose your personal information to any third party unless required by law or with your explicit consent.
DATA RETENTION
We retain your personal information only for as long as necessary to fulfill the purposes outlined in this Privacy Policy or as required by applicable laws. When your data is no
longer needed, it will be securely deleted or anonymized.
If you have any questions or concerns regarding the storage and access of your personal information, please contact us using the information provided in our Privacy Policy.
This clause outlines how personal data is stored securely and who has access to it, emphasizing the importance of data security and user consent. Please ensure that your
privacy policy complies with Australian privacy laws and regulations, and consider seeking legal counsel for further guidance.
COOKIES AND WEB BEACONS
Our website uses cookies and web beacons to enhance user experience and gather information about your interactions with our site. These technologies collect data, including
but not limited to, your IP address, browser type, and browsing habits, to improve our services and tailor content to your preferences.
Cookies are small files stored on your device's hard drive by your web browser. They serve various purposes, such as recognizing your preferences, tracking your activities on our
website, and facilitating certain functions. You can choose to accept or decline cookies through your web browser settings. Please note that disabling cookies may affect your
ability to access certain features and content on our website.
Web beacons (also known as pixel tags or clear GIFs) are tiny, invisible graphics embedded in web pages or emails. They are used to collect information about user behavior and
interactions with our website or emails. Web beacons help us analyze the effectiveness of our communications and improve our services.
By using our website, you consent to the use of cookies and web beacons as described in this Privacy Policy. We may also use third-party cookies and web beacons for analytics
and advertising purposes. These third-party cookies are subject to their respective privacy policies.
CHANGES TO OUR PRIVACY POLICY
We may update this Privacy Policy from time to time to reflect changes in our practices and services. We recommend that our users rolling
review this policy to stay informed about how we collect, use, and protect your personal information. By continuing to use our website after any changes to this Privacy Policy,
you acknowledge and agree to the updated terms. We will notify you of any significant changes through prominent notices on our website or by other means as required by
applicable law.
CHILDREN
We do not knowingly collect or use personal data from individuals under the age of 18 without parental or legal guardian consent. If you are a parent or guardian and believe
that your child has provided us with their personal information without your consent, please contact us immediately. We will take prompt steps to remove their information
from our records and systems. We are committed to protecting the privacy of children and complying with applicable laws related to child data protection.
HOW TO ACCESS, MODIFY, DELETE OR CHALLENGE THE DATA COLLECTED
You have the right to access, modify, delete, or challenge the accuracy of your personal data held by us. If you wish to access, modify, delete or challenge the accuracy of your
personal data we hold, or if you have any questions, concerns, or complaints regarding our privacy practices, please contact our Privacy Officer using the following contact
information:
WEBSITE TERMS AND CONDITIONS
Acceptance of Terms: By accessing or using this website, you agree to comply with and be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms,
please do not use this website.
Changes to Terms: We reserve the right to modify or revise these Terms at any time. Your continued use of the website after any changes will constitute your acceptance of
such changes. Please review these Terms regularly.
Use of the Website: You may use this Website for lawful purposes only. You must be at least 18 years old to use this Website. You agree not to engage in any activities that may
interfere with the operation of this Website or access it in any unauthorized manner. You are responsible for maintaining the confidentiality of your account credentials, and you
are responsible for all activities that occur under your account.
Intellectual Property: All content on this Website, including text, images, logos, and graphics, is the property of Inertia Fitness or its licensors and is protected by copyright and
other intellectual property laws. You may not use, reproduce, distribute, or modify any content from this Website without the written consent of [Your Company Name].
Privacy: We collect and use your personal information as described in our Privacy Policy, which is incorporated into these Terms by reference.
Disclaimers: This Website is provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, warranties of
merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee the accuracy, completeness, or reliability of any content on this Website. You use
the Website and its content at your own risk.
Limitation of Liability: To the fullest extent permitted by law, Inertia Fitness and its affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or
punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising out of your use of the Website or any content therein.
Governing Law and Jurisdiction: These Terms are governed by the laws of the Commonwealth of Australia. Any disputes arising out of or in connection with these Terms shall be
subject to the exclusive jurisdiction of the courts of Australia.
CONTACT INFORMATION
If you have any questions, concerns, or require further information, please feel free to contact the Manager and Privacy Officer, Harry Georgiou, directly:
Harry Georgiou | 0423 313 454 | harry@inertiafitness.com.au | 328-330 Montague Rd WEST END QLD 4101
We will respond to your request or inquiry in accordance with applicable privacy laws. Please provide sufficient details to help us process your request effectively, and note that
we may need to verify your identity before taking action on your request. We are committed to addressing your privacy concerns and requests promptly and in compliance with
the Australian Privacy Principles (APPs) and other relevant privacy regulations.
Effective Date: 01 September 2023. Latest Revision Date 07 May 2024.
ADDITIONAL TERMS AND CONDITIONS SPECIFIC TO PROMOTIONAL OFFERS
Revision Date 19 November 2024.