WRIGHT INTEREST PTY LTD as trustee for SHOOT HQ TRUST (referred to as “we, our or us”) and THE MEMBER (referred to as “you or your”) acknowledge and agree that each of the provisions set out below form part of the Agreement between us and you. Your use of the facilities, equipment or services we provide to you are subject to and governed by these Terms and Conditions.

1.          PAYMENT

• (a)You agree to pay the Membership Fee outlined in the table above on a weekly basis debited by Ezi Debit.  Your Membership Fee will continue to be direct debited from your nominated account until the earlier of the expiration of the Term of Membership or this Agreement is cancelled by us. 

• (b) You must ensure the funds required are available in your nominated account at least 1 business day prior to the date the monies are due to be debited from your nominated credit card, debit card or bank account.  

• (c) We may suspend of cancel your membership if you fail to make a payment.  If you stop the direct debit arrangement or withdraw the authorisation provided to your bank or credit union, you may be liable to us for damages as a consequence of breaching this Agreement.

2.          WARRANTIES

• (a) By signing this Agreement, you warrant the following:

  • i. If you are under the age of 16 you will be supervised at all times by a qualified trainer or a parent/guardian;

  • ii. You promise to use our equipment and our facilities in a safe and proper manner and in accordance with any instructions that may be given to you by us.  If you are unsure of how to operate our equipment, you agree to ask a staff member first;

  • iii. You will not conduct yourself inappropriately, or in a way that may affect other members use of our facilities, equipment or services.  This includes, but is not limited to, the following:

A. Threatening or harassing other members, staff members or anyone else who may be in the vicinity of our facilities;

B.     Damaging our equipment;

C.    Using our equipment in a way other than in a way it is intended to be used;

D.    Disobeying any of our instructions or directions; or

E.     Distributing or using an illicit substances;

             iv.        You will, at all times, follow any of our reasonable directions relating to the health, safety and security of you and any of our members and you will comply with all Occupational Health and Safety provisions that apply to your use of our facilities, equipment or services; and

              v.        You will provide us with all relevant personal health and fitness information that we may request from time to time.

(b)        By singing the Agreement, we warrant the following to you:

               i.        We will endeavour to provide services in accordance with Australian Consumer Law (ACL);

              ii.        We will endeavour to exercise due care and skill in providing our services to you; and

             iii.        We will endeavour to ensure our facilities, equipment and services are fit for any purpose which you inform us you are using them for.

3.          YOUR PHYSICAL HEALTH CONDITION

(a)        We may request that you provide us with certain information relating to your physical health condition and health.  You promise that all information you provide to us will be true and accurate and shall not be in any way misleading.

(b)        You must only use our facilities, equipment or services if you are in good physical condition and are not aware or could not reasonably be aware of any health condition or any other reason that you could not or should not use our facilities, equipment or services.  If you are unsure as to whether you should or should not use the facilities, equipment or services, you will consult with and obtain approval from a licensed/registered doctor, physiotherapist, chiropractor or other medical professional.

(c)        If you are aware of or become aware of during the Term of Membership any condition that may in any way affect your use of our facilities, equipment or services:

               i.        You will stop using our facilities, equipment or services immediately and inform us of such condition;

              ii.        We will consider, at our absolute discretion, whether you may continue to use our facilities, equipment or services and, if so, whether it is necessary to impose any conditions or restrictions on your use;

             iii.        If we allow you to continue to use our facilities, equipment or services, you must consult with a licensed/registered doctor, physiotherapist, chiropractor or other medical professional first and you will comply with their advice and recommendation as to permitted physical activities.

(d)        If, during your use of our facilities, you injure yourself or an incident occurs whereby you cannot continue to use our facilities, equipment or services, you will stop immediately and inform us.

(e)        We may suspend or cancel your membership if we have reasonable grounds to suspect that you have a condition that may prevent you from using our facilities, equipment or services.

4.          LIABILITY

(a)        You must not bring valuable belongings to our facilities and, if you do, you acknowledge that we are not responsible for any of your belongings that may be lost or damaged and you will not leave your belongings unattended.

(b)        We are not liable to you for any loss, injury or damage suffered as a consequence of you not complying with this Agreement or for any breach of the warranties contained herein.

(c)        We are not liable for any personal injury that occurs whilst you are using our facilities, equipment or services caused by you, by a third party, a member or by our negligence or breach of any express or implied term that services will be provided with reasonable care and skill.  This does not exclude our liability for reckless conduct as defined in section 139A of the Competition and Consumer Act 2010 (Cth) (CCA).

(d)        To the extent allowed by section 139A the CCA, you agree to exclude or modify our liability to you for death or injury from our failure to comply with ACL guarantees, unless your death or injury is caused by our ‘reckless conduct’, as defined in section 139A of the CCA.

(e)        If you are responsible for the injury or death of another member, and we incur any liability, loss or damage as a consequence, you will fully indemnify us for that liability.

5.          CANCELLATION

(a)        You cannot cancel this Agreement within 3 months of the date of this Agreement.

(b)        If you wish to cancel this Agreement after 3 months you must give us 14 days notice.  We will then cancel your membership, however, you will be liable to pay the Membership Fee payable to the end of the next payment cycle (Weekly). 

(c)        We may cancel this Agreement at any time if you breach any term, condition, or warranty contained herein.  If we cancel this Agreement, you will be liable to pay the Membership Fee payable for a further 14 days upon written notice that this Agreement is cancelled.  Your access to the facilities, equipment or services will cease immediately.

(d)        If it becomes necessary for you to cancel your Membership for medical reasons, you may write to us at any time to inform us and provide us with a certificate from a licensed/registered doctor, physiotherapist, chiropractor or other medical professional.  We will cancel your Membership, however, you will be liable to pay the Membership Fee payable up to the end of the next pay cycle (Weekly).  You will be unable to re-join as a member until you have a certificate from a licensed/registered doctor, physiotherapist, chiropractor or other medical professional confirming that you are able to exercise again.

6.          CLUB CLOSURES

It may be necessary, from time to time, for us to close the facilities for a period of time.  This may be due to an emergency, an enforceable government direction, by an order or the Court, by law or if the facilities are being refurbished or relocated.  You will be liable to pay the Membership Fee during this period unless we inform you otherwise or unless the closure period is for more than 30 days.   

7.          PRIVACY

(a)        We collect all personal information that is reasonable and necessary for us to allow you to access our facilities, equipment and services.  We also collect and use the personal information for the purpose of contacting and communicating with you, for our internal record keeping and for marketing.

(b)        We are committed to ensuring that the information you provide to us is secure.

(c)        You are responsible to ensure that all personal information given to us is accurate. If you believe that any information we hold pertaining to you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us. We rely upon you advising us when your personal information changes.  We will endeavour to promptly correct any information found to be inaccurate, incomplete or out of date.

8.          UNFORESEEN CIRCUMSTANCES

We are not responsible if you are unable to use our facilities, equipment or services due to any circumstances that are beyond our control.

9.          ENTIRE AGREEMENT

This is the entire Agreement between the parties in respect to your use of our facilities, equipment and services.

10.       SEVERABILITY

If any term or condition of this Agreement is or becomes void, illegal or unenforceable, that term or condition is severed and the rest of the Agreement will remain in full force.

11.       WAIVER

If we do not enforce our rights under this Agreement at any time, it does not constitute us waiving any of our rights and we may enforce those rights at any time in the future.

12.       GOVERNING LAW

This Agreement is governed by the laws of the State of South Australia. The parties submit to the jurisdiction of the Courts of that place.

13.       AGREEMENT

By signing this Agreement you acknowledge that the warranties are true and correct, you agree to comply with the terms and conditions contained in these Terms and Conditions and you will indemnify us fully against all liabilities, costs, loss or damage which we may incur as a consequence of your conduct, or any breach of these Terms and Conditions.