TERMS AND CONDITIONS OF MEMBERSHIP .

I understand that I am making an application to join or update my details with Dedicated to Fitness, and that this is a Private Club and Membership is granted upon agreement that all Members follow and agree to these conditions and terms listed below, and that Membership is granted at the discretion of Dedicated to Fitness,  and its owners, Simons Family Pty Ltd as Trustee for the Simons Family Trust trading as Dedicated To Fitness of 21 Bradwardine Rd Bathurst Nsw 2795 also referred to in the document as “The Fitness Centre”  ABN 65 083 725  470 and that these Terms and Conditions may be updated from time to time and published on the web site www.d2f.fitness 

FOR ALL MEMBERSHIPS  the following applies. Membership and access is only current when account is current and up to date and no monies are overdue. Classes may be cancelled at any time, you may be refused entry to classes due to numbers of participants or for safety reasons. Equipment may not be available at all time. Prices will fluctuate and your current priced Membership is not fixed and may be changed from time to time under the conditions of any Direct Debit contract once any fixed term has expired. Unless otherwise advised all Automated Membership payments, Direct Debits,  Personal Training Payments are ongoing. You can cancel the Membership via the link on the web page( see conditions). Reciprocal access to other clubs may be restricted or stop. Full specific and special condition are detailed on new Membership application from the web page.

FOR 24-7 ACCESS 

Access D2F 24-7 is available upon application. 

Visit D2f reception during staffed hours and complete a safety induction briefing. OVER 18 YEAR ONLY. (See Young people under 18 below for detail on 16-18 year) In addition to these general Terms and conditions Special Terms and contain apply, se below. Under 16 year old members must have a parent of guardian complete a “Young Person In The Gym” approval for activity form.

General 24-7 conditions.

24 hour Access card are issued with no additional cost . A replacement card is available for an additional $10.

When accessing the 24-7 facility, you must only enter one person at a time and scan in with your individual Member card. Under no circumstances are you to enter with another person, either a paid members OR a non paying members of the public. Surveillance CCTV cameras are located out side the door, inside the door and in the general areas, and are review. Anyone who allows any other person to access the facility with using their card, or allowing them to follow you in, ie “tailgating” , will immediately have their 24 - 7 access removed and only be allowed to access during staffed hours. Re application will need to be made for 24-7 access with a new card fee payable and will only be reviewed for acceptance 14 days after the offence. No refunds of credit will be issued, and all hold or membership suspensions will not be accepted until re application is complete.

Personal wireless duress remotes on a lanyards are recommended to be worn in case of emergency  by members after staffed hours, if these are activated emergency services will be called. Failure to return the emergency remote to the original location prior to exiting on that visit, will result in a fee of $200 to replace the devise. 

While the emergency duress remotes are recommended it is also recommended that your mobile phone be carried at all time in case of emergency call 000.

24 hour access must comply with all the complete terms and conditions in this document.

MEMBERSHIP

PAYMENT

Up to date payment for Membership with “The Fitness Centre” must be maintained to continue access. Payment can be made via Direct Debit, in advance, of Paid in Full, in advance, for an agreed Term. All Direct Debit agreements are for a Minimum Payment Term as detailed on the individual Membership application, once this minimum payment term expires the membership and payments will continue. The member has the option to cancel the membership and payments only after the minimum payment term and amount has been reached. To cancel a membership complete the cancelation request form on the web page www.d2f.fitness see Member Admin menu. 

SUSPENSION, CANCELLATIONS, DISHONOUR FEES, CREDIT CARD FEES, TRANSACTION FEES, INCREASES, TERMS may be unique to your chosen membership and are detailed on the individual Membership application, along with any special condition linked to the specific Membership. 

SINGLE ADULT GYM MEMBERSHIP.

Allows access under this Membership to Dedicated To Fitness during published opening times. Allows a person over 18 years to join the facility and use equipment, and participate in standard Group Fitness Classes as published on the Group Fitness Timetable. Allows FREE access to Child Care during child care opening hours following bookings. Upgradable to 24-7.

COUPLES GYM MEMBERSHIP.

Allows access under this Membership to Dedicated To Fitness during published opening times. A COUPLE is considered two people residing at the same address, can be One Adult and One student for example or 2 Adults, or 2 Students. Allows two (2)  people to join the facility and use equipment, and participate in standard Group Fitness Classes as published on the Group Fitness Timetable. Allows FREE access to Child Care during child care opening hours following bookings. Upgradable to 24-7 .

FAMILY MEMBERSHIP.

Allows access under this Membership to Dedicated To Fitness during published opening times. A FAMILY is considered to be up to four (4) people residing at the same address, 2 Adults and 2 School aged children or where there is a minimum or 1 Adult and a maximum of 3 up to HIGH SCHOOL aged children or up to 23 Year old University Student that are family Members, or any 4 family members that appear on the Family Medicare Card. Allows those four (4)  people to join the facility and use equipment, and participate in standard Group Fitness Classes as published on the Group Fitness Timetable. Allows FREE access to Child Care during child care opening hours following bookings. Upgradable to 24-7, check age restrictions.

CONCESSION MEMBERSHIPS.

This includes Gym, Short Term Gym Membership.To be eligible for a concession the person or persons applying will be required to show proof of concession, either authorised Concession card holder, pensioner, UNI or TAFE Student cards. Allows access under this Membership to Dedicated To Fitness during published opening times. Allows  people to join the facility and use equipment, and participate in standard Group Fitness Classes as published on the Group Fitness Timetable. Allows PAID access to Child Care during child care opening hours following bookings. Upgradable to 24-7 

OFF PEAK RETIREE ( 65+ Only).

This includes Gym, Short Term Gym Membership. Allows access under this Membership to Dedicated To Fitness during published opening times.Allows a person who is retired and over 65 years to join the facility and use equipment, and participate in standard Group Fitness Classes as published on the Group Fitness Timetable during OFF PEAK TIMES ONLY Monday to Friday access between 800am and 330pm  weekends between 800am and 1pm Allows PAID access to Child Care during child care opening hours following bookings.  24-7 Not Available

HIGH SCHOOL STUDENT.

Allows access under this Membership to Dedicated To Fitness during published opening times. Allows a person NOT over 18 years AND WHO IS STILL AT HIGH SCHOOL OR TAFE  to join the facility and use equipment, and participate in standard Group Fitness Classes as published on the Group Fitness Timetable. Allows PAID access to Child Care during child care opening hours following bookings. See BELOW for full details on YOUNG PEOPLE UNDER 18 IN THE GYM. 24 Hour access conditions apply. Over 18 years old only, or over 16 years when accompanied by a Parent or Guardian Adult Members.

FITNESS PASSPORT. 

Fitness Passport is accepted at DEDICATED TO FITNESS. New visitors are required to fill out an Entry form prior to first visit. CURRENT FITNESS PASSPORT MEMBERS are welcome to use the facility and equipment, and participate in standard Group Fitness Classes as published on the Group Fitness Timetable. Allows FREE access to Child Care during child care opening hours following bookings.  Upgradable to 24-7. 

 

 

ACKNOWLEDGEMENT RELEASE AND ASSUMPTION OF RISK

WARNING : THIS IS AN IMPORTANT DOCUMENT WHICH AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS. READ IT CAREFULLY AND DO NOT SIGN OR AGREE TO IT UNLESS YOU ARE SATISFIED THAT YOU UNDERSTAND IT. IF YOU HAVE ANY QUESTIONS PLEASE ASK A REPRESENTATIVE OF the owners of Dedicated To Fitness 21 Bradwardine Rd Bathurst NSW, The Simons Family Pty Ltd as Trustee for The Simons Family Trust ABN 65 083 725 470 referred to here after as “The Fitness Centre”. 

General Conditions of Entry: 

Entry is conditional on Membership and the Membership being financially current and up to date.

            GENERAL HYGIENE: For your safety and comfort, and that of your fellow Members, hands must be sanitised prior to entering the reception and it is a requirement that you bring a towel. All contact areas must be dried and wiped with your towel and wiped over with a Gym Wipe or Anti bacterial Spray and dried with a paper towel provided immediately after use. It is strongly recommended that you have a second towel to wipe yourself with, and refrain from using your face towel on the equipments. Do not drink directly from the water dispensers provided. Spitting will not be tolerated. Always cough or sneeze into your own elbow, towel or a tissue and dispose of it in the bin immediately.  All touch points of equipment you use must be wiped down before and after use with the wipes provided or spray and paper towels, which must be disposed of in the bins. To promote good general hygiene, please ensure you wash your hands after using the toilets.

    DRESS CODE: We recommend comfortable active clothing, singlet tops are acceptable, however, over revealing or inappropriate clothing is not permitted. It is strongly recommended that any body, face or ear piercings be either removed or covered with clothing if possible  to avoid coming into contact with any pieces of moving equipment while exercising. Under no circumstances are you permitted to remove your top while in the public areas of the gym or Group Fitness rooms. Flat, soft soled Running or Training Shoes are to be worn at all times, no bare feet, no work boots, no dress shoes, no thongs or open toed foot wear.     

Closed Circuit TV :I understand CCTV is in use in the facilities for the safety of Members and Staff. Privacy Statement can be found at https://d2f.fitness/Membership---Ts---Cs-Privacy-Policy 

I agree to abide by the rules set out by The Fitness Centre Operator in relation to use of its facilities and to conduct myself appropriately and follow the reasonable directions of The Fitness Centre Operator’s staff.

I acknowledge that The Fitness Centre Operator may alter trading days, times, classes, conditions and remove or replace equipment at its discretion.

I acknowledge that I have no verbal agreements or understandings with The Fitness Centre Operator that are not set out in this agreement. I have read, understood and agree to all of the above conditions and have answered any HEALTH CHECK questions accurately .

UNDER NO CIRCUMSTANCES are you to carry out any “Personal Training” “ Groups” or “Classes” OR offer any advice to anyone else either in return for money or equivalent monitory reward, or for free, without the express written authority from The Fitness Centre Operator . Anyone injured whilst under instruction from an unauthorised person, will not being covered by any of the Fitness Centre Operator Insurance policies. Unauthorised instruction resulting in injury, will be the sole responsibility of the person offering the advice.

     INJURY: Any injury requiring medical attention or use of first aid items need to be reported to reception staff immediately and an Incident Report completed and witnessed by staff of The Fitness Centre Operator. If The Fitness Centre staff deem it necessary and an ambulance is called, the injured party will assume any cost associated with this service.

        GENERAL: Premises are Smoke and Vape Free, No Gum in facility. No Glass Bottles or containers are permitted in the premises. Be kind to each other…..     

        PHOTOGRAPHY: Is not permitted without the written consent of The Fitness Centre Operator and all participants being Photographed or Videoed. 

        GENERAL USE OF EQUIPMENT; For ALL equipment you MUST place your towels on the seat/pad or bench while you are on it and wipe clean and dry after use. Unload ALL equipment used and put plates, dumbbells bars or any other equipment back in its storage area. Don't leave any equipment against mirrors. Don't overload any machine past its maximum capacity. The minimum age to use the weight equipment is 14 years. Children ages 12 or 13 may use the cardio equipment under direct adult supervision. Under 16 year old members must have a parent of guardian complete a “Young Person In The Gym” approval for activity form.

        RUBBISH Place all rubbish in bins provided. Do  not dispose of Nappies in inside bins, use the outside bins, or special bin provided, and place in an appropriate nappy bag.. 

        GENERAL Swearing and abusive language will not be tolerated, over exuberant behaviour or general disruptive behaviour will not be tolerated, be considerate of other members. Don't bring glass bottles into The Fitness Centre. No Smoking is permitted on the premises, or with in 4 meters of exits. 

        LOST PROPERTY: Due to health reasons we are unable to hold any items of clothing, gymwear, towels, drink bottles etc for more than 24 hours, they will be disposed of by Mid day the following day. Items of high value, phones. keys etc will be kept for collection.

        GROUP FITNESS CLASSES: Please follow all instructions and requests from the class Instructor, please don’t enter a class once it has started. We are guided by Fitness Australia’s policy for Group Fitness, age restrictions may apply. Please consult the appropriate Instructor of the class or Reception. Each class has its own etiquette and procedures, please ask the Instructor for appropriate behaviour and participation before the class. Ensure you bring a Towel and a drink.Participants must be at least 12 years of age, except for Body Balance or Stretch, where the minimum age is 10. Under 16 year old members must have a parent of guardian complete a “Young Person In The Gym” approval for activity form.

        ACKNOWLEDGEMENT OF RISKS, INJURY AND OBLIGATIONS.

I ACKNOWLEDGE that the activity I am to undertake is a dangerous activity and that by participating in it I am exposed to certain risks.

RELEASE AND INDEMNITY TO THE FITNESS CENTRE OPERATOR

IN CONSIDERATION of the acceptance of my payment for participating in the activity (and except to the extent that the same may be precluded by statute) I AGREE TO RELEASE AND INDEMNIFY The Fitness Centre Operator as follows:

•     ïI participate in the activity at my sole risk and responsibility.
•     ïI release, indemnify and hold harmless The Fitness Centre Operator, it’s servants and agents, from and against all and any actions or claims which may be made by me or on my behalf or by other parties for or in respect of or arising out of any injury, loss or damage caused to me or my property whether by negligence, breach of contract or in any way whatsoever.

 

I ALSO AGREE THAT in the event that I am injured, or my property is damaged, I will bring no claim, legal or otherwise against the Fitness Centre Operator in respect of that injury or damage.

Before agreeing to this document, I have read and understood it and know that it affects my legal rights.

I ACKNOWLEDGE AND UNDERSTAND that:

Whilst participating in such activity: I may be injured physically, or mentally, or die. There may be risk of significant physical and/or mental injury or death whilst participating in such activity.

My personal property may be lost or damaged.

Other persons participating in such activity may cause me injury or may damage my property.

I may cause injury to other persons or damage their property.

The conditions in which the activity is conducted may vary without warning.

I may be injured or die or suffer damage to my property as a result of the negligence or breach of contract of the Fitness Centre Operator.

There may be no or inadequate facilities for treatment or transport of me if I am injured.

I understand that my use of the premises and its facilities and my participation in the classes and programs conducted by The Fitness Centre Operator may involve strenuous activity and special risks. I hereby expressly assume all risks (special or otherwise) associated with such use and participation and I release The Fitness Centre Operator and its directors, employees, contractors and agents ("the staff”) from all liability or responsibility whatsoever for personal injury, property damage or death.

I assume the risk of and responsibility for any injury, death or property damage resulting from my participation in the activity.

If an ambulance is called for me, I will assume responsibility for any cost associated with the service;

I will assume the risk of, and responsibility of, any injury I sustain or inflict, death or property damage resulting from my participation in activity;

I understand that The Fitness Centre Operator is not able to provide me medical advice in regard to medical fitness and the information I provide verbally or in writing regarding my health and wellbeing will be used as a guideline to the limitations of my ability to exercise. It is recommended that any person with a known pre-existing medical condition or MALES over the age of 35 and FEMALES over the age of 45 have a full medical assessment by a Doctor prior to commencing any exercise program. 

I have advised The Fitness Centre and understood and answered any question regarding my past medical and health status fully. 

I will not hold liable The Fitness Centre Operator for any injury or loss that may occur whilst I am training with The Fitness Centre Operator or its Employees either on the premises of off-site at organised classes or events run by The Fitness Centre Operator. 

I understand that the activity, that I am, or any person under the age of 18 that I am the parent or authorised guardian of, that I and signing on behalf of, or Children that I placed in Creche or Kids Club, are undertaking or participating in may be dangerous and may be exposed to certain unpredictable risk. 

I understand that regular adolescent Members younger than 14 years of age, are not permitted to use weights or weights equipment, without first having been assessed by a  Personal Trainer, and following that ,must be supervised by an adult and not deviate from the program approved by The Fitness Centre Operator’s Personal Trainer. Under 16 year old members must have a parent of guardian complete a “Young Person In The Gym” approval for activity form.

I understand that Casual adolescent visitors, first time visitors younger than 14years of age, are not permitted to use weights or weights equipment, without being supervised by an adult. Under 16 year old members must have a parent of guardian complete a “Young Person In The Gym” approval for activity form.

I agree to the “Conditions of Entry” listed here and on Web Site  and Membership Application form and will follow instructions and all reasonable requests given by The Fitness Centre Operator and its authorised Employees and Trainers. 

By signing THE DOCUMENT you acknowledge and agree to Terms and conditions above. These will be part of your offical Member Application along with any special condition to the individual Membership.

Privacy Policy of Dedicated To Fitness.

Application   

The Privacy Policy applies to personal information collected by Dedicated To Fitness, referred hear after as “The Fitness Centre”, as the business is an applicable organisation under the Privacy Act 1988 (Cth), which governs the way private sector organisations collect, use, keep secure and disclose personal information. 

The Privacy Policy outlines: 

• how and when “The Fitness Centre” collects personal information; 
• how “The Fitness Centre” uses and discloses personal information; 
• how “The Fitness Centre” keeps personal information secure, accurate and up-to-date; 
• how an individual can access and correct their personal information; and 
• how “The Fitness Centre” will facilitate or resolve a privacy complaint. 

We recommend that you read and understand the Privacy Policy and keep it for future reference.  If you require any clarification, you can contact us on the address at the end of the document. 

1. Personal information 

1.1. What is Personal Information? 

1.     a.Personal information is defined under the Privacy Act 1988 to mean information or an opinion, whether true or not, and whether recorded in a material form or not, about an individual whose identity is reasonably identifiable, from the information or opinion. 
2.     b.Some examples of personal information are your name, residential address, email address, bank details, photos and opinions on your likes and dislikes that can identify you (see paragraph 3.2 below). 
3.     c. You do not need to identify yourself when you deal with us (e.g. when enquiring about membership) but there are certain situations where we will only deal with individuals who identify themselves (e.g. providing fitness services). 

2. Sensitive Information 

2.1 What is Sensitive Information? 

1.     a.Sensitive information is a subset of personal information. 
2.     b.It means information or opinion about an individual’s racial or ethnic origin, political opinions, membership of a political organisation, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices, criminal record, health information about an individual, genetic information, biometric information that is to be used for the purpose of automated biometric verification or biometric identification or biometric templates. 

2.2 Collection of Sensitive Information 

1.     a.In general, we attempt to limit the collection of sensitive information we may collect from you, but depending how you use our products and services this may not always be possible and we may collect sensitive information from you in order to carry out the services provided to you. 
2.     b.The type of sensitive information we may collect from you or record about you is dependent on the services provided to you by “The Fitness Centre” and will be limited to the purpose(s) for which it is collected. 
3.     c.We do not use sensitive information to send you Direct Marketing Communications (as defined in paragraph 7 below) without your consent. 
4.     d.We will not collect sensitive information from you without your consent unless consent is not required by law. 

2.3 Consent to collection of certain types of sensitive information 

We may collect certain types of sensitive information where you have consented and agreed to the collection of such information.  We will obtain your consent at (or around) the point in time in which we collect the information unless consent is not required by law. 

The main type of sensitive information that we may collect (if any) will usually relate to your: 

1.     a.health or medical information; 
2.     b.current or previous membership of a health and fitness facility (if any); 
3.     c.biometric identification, such as finger print scans; 
4.     d.racial origin and religious beliefs, to the extent these are ascertainable from any photographic identification (such as a driver’s licence or photo identification); 
5.     e.family health and medical history;

but only if the sensitive information is necessary for, or incidental to, the purposes of collection set out in paragraph 4. 

3. Collection of your personal information 

3.1 We will only collect personal information that is necessary for us to provide our products and services to you.  This depends ultimately upon the purpose of collection and we have set out the general purposes of collection at paragraph 4 below.   

3.2 The type of information includes (but is not limited to) the following: 

1.     a.your contact information such as full name (first and last), e-mail address, current postal address, delivery address (if different to postal address) and phone numbers; 
2.     b.your date of birth; 
3.     c.proof of your identity (including, but not limited to, driver’s licence, passport, birth certificate); 
4.     d.any sensitive personal information listed in paragraph 2.3; 
5.     e.emergency contact details; 
6.     f.whether you participated in any activity or event organised by the club; 
7.     g.photographs or video footage taken at our premises, which may include you; 
8.     h.your opinions, statements and endorsements collected personally or via surveys and questionnaires, including but not limited to your views on the products and services offered by the club; and 
9.     i.if you are requesting products or services from us or we are purchasing goods or services from you, then any relevant payment or billing information (including but not limited to bank account details, direct debit, credit card details, billing address, repayment information and invoice details). 

3.3 As far as possible or unless provided otherwise under this privacy policy, we will collect your personal information directly from you.  If we collect details about you from someone else, we will, whenever reasonably possible, make you aware that we have done this and the reason for it. 

3.4 When you engage in certain activities, such as entering a contest or promotion, filling out a survey or sending us feedback, we may ask you to provide certain information, which you may withhold or provide at your own discretion.  It is optional for you to engage in these activities. 

3.5 Depending upon the reason for requiring the information, some of the information we ask you to provide may be identified as mandatory or voluntary.  If you do not provide the mandatory data or any other information we require in order for us to provide our services to you, we may be unable to provide or effectively provide our services to you. 

3.6 If you use our website or mobile app, we may utilise "cookies" and “web beacons” which enable us to monitor traffic patterns and to serve you more efficiently if you revisit our website / mobile app.  A cookie or web beacon does not identify you personally but may identify your internet service provider, computer or mobile device.  You can set your browser or mobile device to notify you when you receive a cookie or web beacon and this will provide you with an opportunity to either accept or reject it in each instance. 

4. Use and disclosure of your personal information 

4.1 We will only use or disclose your personal information for the primary purposes for which it was collected or as consented to and/or as set out below. 

4.2 You consent to us using and disclosing your personal information to facilitate a purpose in connection with: 

1.     a.if required, the verification of your identity, including the verification of your date of birth, if applicable; 
2.     b.facilitating membership or facility usage requirements;
3.     c.provision of our products and services to you, which shall include but is not limited to: 
4.     I.the administration and management of our products and services, including charging, billing, credit card authorisation and verification, checks for financial standing, credit-worthiness (including but not limited to undertaking an assessment for credit loss and obtaining credit references, if applicable), fraud and collecting debts; and 
5.     II.to offer you updates, or other content or products and services provided by “The Fitness Centre” that may be of interest to you; 
6.     a. to facilitate the administration, management and improvement of the club, including but not limited to: 

3.     III.the use of your personal information collected in accordance with paragraph 3.1 in the administration and management of the club; 
4.     IV.the management, governance and administration of the club, including but not limited to any management and governance meetings of the club ; 

1.     a.if applicable, any requirement to include you in various registers maintained by the club including, but not limited to, the register of excluded persons; 
2.     b.facilitating medical assistance in the event of a medical emergency, or to provide you with medical treatment as requested by you; 
3.     c.your participation in any activity or event organised by the “The Fitness Centre” including those delivered outside the facility and administered by a third party organisation; 
4.     d.co-ordinating, managing and maintaining good order and security of the club and our premises, which shall include but is not limited to protecting the rights and safety of other parties on our premises; 
5.     e.investigating and reporting information to third parties regarding any accidents or incidents that may have occurred on our premises; 
6.     f.the improvement of our services (including to contact you about those improvements and asking you to participate in surveys about our products and services); 
7.     g.the maintenance and development of our products and services, business systems and infrastructure;
8.     h.marketing and promotional activities by us and our related bodies (including by direct mail, telemarketing, email, SMS and MMS messages) such as print or electronic newsletters; 
9.     i.to provide customer service functions, including handling customer enquiries and complaints; 
10.     j.to offer you updates, or other content or products and services that may be of interest to you;
11.     k.our compliance with applicable laws; 
12.     l.the transfer, and matters in connection with a potential transfer, of the club to another entity; and 
13.     m.any other matters reasonably necessary to continue to provide our products and services to you. 

4.3 We may also use or disclose your personal information and in doing so we are not required to seek your additional consent: 

1.     a.when it is disclosed or used for a purpose related to the primary purposes of collection detailed above and you would reasonably expect your personal information to be used or disclosed for such a purpose (secondary use); 
2.     b.if we reasonably believe that the use or disclosure is necessary to lessen or prevent a serious or imminent threat to an individual’s life, health or safety or to lessen or prevent a threat to public health or safety; 
3.     c.if we have reason to suspect that unlawful activity has been, or is being, engaged in; or 
4.     d.if it is required or authorised by law or formally requested by a statutory or regulatory authority. 

4.4 In the event we propose to use or disclose such personal information other than for reasons in 4.1, 4.2, and 4.3 above, we will first seek your consent prior to such disclosure or use. 

4.5 If you have received communications from us and you no longer wish to receive those sorts of communications, you should contact us via the details set out at the end of this document and we will ensure the relevant communication ceases.  Any other use or disclosure we make of your personal information will only be as required by law or as permitted by the Privacy Act 1988 or by this privacy policy or otherwise with your consent. 

5. The types of organisations to which we may disclose your personal information 

5.1 We may disclose your personal information to other organisations. Examples of organisations and/or parties that your personal information may be provided include: 

1.     a.related entities and subsidiaries of the club; 
2.     b.our contractors and agents, including but not limited to our professional advisors such as accountants, solicitors and auditors or other companies who assist us in providing our products and services to you. 

5.2 Your personal information is disclosed to these organisations and/or parties only in relation to the goods or services we provide to you or for a purpose permitted by this privacy policy. 

5.3 We take such steps as are reasonable to ensure that these organisations and/or parties are aware of the provisions of this privacy policy in relation to your personal information. 

6. Photographs and Closed Circuit Television 

6.1 We use closed circuit televisions (CCTV) at certain locations throughout our premises (e.g. entry and exit) and surrounding areas.  The CCTV is integral to our security system and CCTV images are stored for a minimum “retention period” of 28 days (unless an incident is identified, in which case the images are archived and retained for a minimum period of one year after the retention period unless they are given to the relevant authority (e.g. police). The CCTV footage must be archived if requested by the relevant authority. 

(Note: If an incident occurs at the venue, CCTV footage for the period leading up to, during and following the incident must be archived and where no incident has been identified, the CCTV footage is automatically deleted within 30 days after the retention period.) 

6.2 As indicated in paragraph 3.2(g), we may take photographs of you attending our premises, and we may wish to use them for marketing and advertising purposes.  If we notify you of the collection and purpose at the time, unless you advise us otherwise, you expressly agree and consent to the use of any photographs, which may include you, for the aforementioned purposes, without compensation. 

7. Direct Marketing 

7.1 You expressly consent to us using your personal information, including any email address you give to us, to provide you with information and to tell you about our products, services or events or any other direct marketing activity (including third party products, services, and events) which we consider may be of interest to you. 

7.2 You expressly consent to us disclosing your personal information to other organisations (including but not limited to organisations such as those listed in paragraph 5.1) that may also use your personal information for sending you Direct Marketing Communications. 

7.3 If at any time, you do not wish to receive any further Direct Marketing Communications from us, or others under paragraph 7.2, you may ask us not to send you any further information about products and services and not to disclose your information to other organisations for that purpose. You may do this at any time by using the “unsubscribe” facility included in the email or by contacting us via the details set out at the end of this document. 

8. Cross Border Disclosure 

8.1 Any personal information that you provide to us may be transferred to, and stored at, a destination outside Australia, including but not limited to New Zealand and the United Kingdom, where we may utilise overseas data and website hosting facilities or have entered into contractual arrangements with third party service providers to assist us with providing our goods and services to you.  Personal information may also be processed by staff or by other third parties operating outside Australia who work for us or for one of our suppliers, agents, partners or related companies. 

8.2 By submitting your personal information to us, you expressly agree and consent to the disclosure, transfer, storing or processing of your personal information outside of Australia.  In providing this consent, you understand and acknowledge that countries outside Australia do not always have the same privacy protection obligations as Australia in relation to personal information.  However, we will take steps to ensure that your information is used by third parties securely and in accordance with the terms of this privacy policy. 

8.3 The Privacy Act 1988 requires us to take such steps as are reasonable in the circumstances to ensure that any recipients of your personal information outside of Australia do not breach the privacy principles contained within the Privacy Act 1988.  By providing your consent, under the Privacy Act 1988, we are not required to take such steps as may be reasonable in the circumstances.  However, despite this, we acknowledge the importance of protecting personal information and have taken reasonable steps to ensure that your information is used by third parties securely and in accordance with the terms of this privacy policy. 

8.4 If you do not agree to the transfer of your personal information outside Australia, please contact us via the details set out at the end of this document. 

9. Data quality and security 

9.1 We have taken steps to help ensure your personal information is safe.  You will appreciate, however, that we cannot guarantee the security of all transmissions or personal information, especially where the Internet is involved. 

9.2 Notwithstanding the above, we will take reasonable steps to: 

1.     a.make sure that the personal information we collect, use or disclose is accurate, complete and up to date; 
2.     b.protect your personal information from misuse, loss, unauthorised access, modification or disclosure both physically and through computer security methods; and 
3.     c.destroy or permanently de-identify personal information if it is no longer needed for its purpose of collection. 

9.3 However, the accuracy of personal information depends largely on the information you provide to us, so we recommend that you: 

1.     a.let us know if there are any errors in your personal information; and 
2.     b.keep us up-to-date with changes to your personal information (such as your name or address). 

10. Access to and correction of your personal information 

10.1 You are entitled to have access to any personal information relating to you which we possess, except in some exceptional circumstances provided by law (e.g. secrecy provisions under the Anti-Money Laundering and Counter Terrorism Financing Laws).  You are also entitled to edit and correct such information if the information is inaccurate, out of date, incomplete, irrelevant or misleading. 

10.2 If you would like access to or correct any records of personal information we have about you, you are able to access and update that information (subject to the above) by contacting us via the details set out at the end of this document. 

11. Consent 

11.1 You are agreeing to the terms of this privacy principle if you visit the club, use our website or by accepting the terms of one of our terms and conditions (relating to a product or service offer) which refer to this privacy policy. 

11.2 We reserve the right to modify the privacy policy as our business needs require.  We will notify you of such changes (whether by direct communication or by posting a notice on our website), after which, your continued use of our products, services or website or your continued dealings with us shall be deemed to be your agreement to the modified terms.  If you do not agree to our continued use of your personal information due to the changes in our privacy policy, please contact us via the details set out at the end of this document. 

12. Resolving Privacy Complaints 

12.1 We have put in place an effective mechanism and procedure to resolve privacy complaints.  We will ensure that all complaints are dealt with in a reasonably appropriate timeframe so that any decision (if any decision is required to be made) is made expeditiously and in a manner that does not compromise the integrity or quality of any such decision. 

12.2 If you have any inquiries, concerns or complaints about the manner in which we have collected, used or disclosed and stored your personal information, you can tell us by contacting us. 

• Telephone: D2f 0263324000 Email: info@dedicatedtofitness.com.au
• Postal Address:  21 Bradwardine Rd Robin Hill Bathurst NSW 2795
• Please mark your correspondence to the attention of the Club Manager. 

12.3 In order to resolve a complaint, we: 

1.     a.will liaise with you to identify and define the nature and cause of the complaint; 
2.     b.may request that you provide the details of the complaint in writing; 
3.     c.will keep you informed of the likely time within which we will respond to your complaint; and 
4.     d.will inform you of the legislative basis (if any) of our decision in resolving such complaint 

12.4 We will keep a record of the complaint and any action taken in a privacy register. 

12.5 Persons can refer their complaint to the Office of the Australian Information Commissioner if they are not satisfied with the result of their complaint. 

Assignment and Novation on Sale of Business (Standing Consent)

 

    1.    The Member/Client acknowledges and agrees that the “The Fitness Centre” may, at any time, assign or transfer this Agreement (including all rights to payment) to a purchaser or successor of the “Fitness Centre’s” business, assets, or undertaking in New South Wales (Transferee) without further notice or any further written consent.

    2.    By entering into this Agreement, the Member/Client gives their irrevocable consent to the assignment or transfer described in clause 1.

    3.    With effect from the date of the transfer (the Transfer Date):

(a) the Transferee is substituted for the “The Fitness Centre” as a party to this Agreement;

(b) the Transferee assumes all obligations of the “The Fitness Centre” arising on and from the Transfer Date;

(c) the Member/Client must continue to perform this Agreement in favour of the Transferee as if the Transferee were the original “The Fitness Centre”; and

(d) to the maximum extent permitted by law, the Member/Client releases the “The Fitness Centre” from all obligations and liabilities arising on and from the Transfer Date.

    4.    This clause applies to transfers occurring by way of sale of business, transfer of assets, restructure, amalgamation, merger, or any change in legal entity operating the Supplier’s business.

 

Plain-English note:

“If we sell or transfer the “The Fitness Centre”, your membership continues, until further notice on the same terms with any new owner.”Below are the Ts & Cs of membership acceptance and entry condition You are agreeing this upon application for a membership.

 

Date of Effect: February 2nd, 2026

Club Name: Dedicated to Fitness, 

Address: 21 Bradwardine Rd Robin Hill Bathurst NSW 2795

Contact details: Mark Simons Owner

ACKNOWLEDGEMENT OF RISKS, INJURY AND OBLIGATIONS, RELEASE AND INDEMNITY TO THE FITNESS CENTRE OPERATOR and Privacy Document Template provided by Industry Body AusActive formally Fitness Australia