Terms and Conditions
This document along with the Pinnacle Membership Application and the Rules of Conduct, (collectively the “Membership Agreement”) set out the rights and responsibilities of the Member and Pinnacle Health Club (“Pinnacle”) in regards to the use of the Pinnacle Health Club gym facilities (“the Centre”).
1. The Member must complete a Pinnacle Membership Application when joining as a Member.
2. Entry to the Centre requires production of a valid membership card. If the membership card is lost or stolen, a new card may be purchased for the cost of $6.00.
3. If the Member wishes to access the Centre outside the reception hours, a 24/7 security pass must be purchased for a one off cost of $75. If the 24/7 security card is lost or stolen a new card may be purchased for $25
4. Memberships may not be transferred without the written consent of Pinnacle. An administration fee may apply.
5. The categories of membership are as follows:
– Prepaid fixed term membership: Members pay in advance for a fixed period membership.
– Minimum term automatic termination: Members may elect from a 1, 6 month, 12 month or 18 month minimum term. The membership will automatically terminate at the end of the minimum term.
– Minimum term automatic renewal: Members may elect from a 1, 6 month, 12 month, 18 month minimum term. Members may elect to automatically renew the membership at the end of the minimum term. The membership will continue on an on-going periodic basis
– Personal Training Membership: includes a membership plus 1 half hour personal training session per week, or membership plus 2 half hour PTs per week, both with a minimum term of 3 months.
6. The Centre may close for public holidays and for short periods of time in response to issues of health and safety. In such cases the Member will not be entitled to a refund.
1. Prepaid fixed term memberships: The Member may choose to pay by cash, eftpos or credit card
2. Periodic payments for term memberships: The Member may pay their periodic fees through the direct debit services of DebitSuccess Pty Ltd (“DirectSuccess”). DebitSuccess is a direct debit service provider. If paying through DebitSuccess the Member must agree to the terms and conditions of the DebitSuccess Contract and DebitSuccess Direct Debit Request (DDR) Service Agreement.
1. Cooling off period: this Membership Agreement is subject to a cooling off period of 7 days from the date this Membership Agreement is signed. Members may cancel during the cooling off period by written notice and will be refunded any payments made minus fees for services used and an administration fee of $50.00.
2. Termination by the Member:
– The Member may terminate this Membership Agreement outside the minimum term by providing 30 days written notice. All fees up to the date of termination (including fees due during the notice period) must be paid.
– The Member may cancel this Membership Agreement during a minimum term by 30 days written notice and payment of a $150.00 termination fee. All fees up to the date of termination (including fees due during the notice period) must be paid. The Member will not be required to pay out the remainder of the minimum term.
– If the Member incurs a physical incapacity that prevents use of the facilities at the Centre, the Member may terminate this Membership Agreement with immediate effect by providing a medical certificate and payment. If membership agreement is within minimum term, a payment of a $75.00 termination fee will be incurreMembers who have a prepaid membership will be entitled to a refund of fees that were paid in relation to the period after the date of termination.
– The Member will not be required to pay the termination fee in circumstances where the Member wishes to terminate due to a breach of this Membership Agreement by Pinnacle and Pinnacle fails to remedy the breach after 30 days notice.
– In circumstances where Pinnacle is in material breach of this Membership Agreement, the Member may terminate with immediate effect and will not be required to pay the termination fee.
– In the circumstances outlined above in 4b.(iii),(iv), Members who have a prepaid membership will be entitled to a refund of fees that were paid in relation to the period after the date of termination.
3. Termination by Pinnacle:
– Pinnacle may terminate this Membership Agreement in circumstances where the Member is in breach of this Membership Agreement and fails to remedy the breach after 30 days notice. The Member will be refused entry to the Centre until such time that the breach is remedied or the Membership Agreement is terminated.
– In circumstances where the Member is in material breach of this Membership Agreement (including the Rules of Conduct) Pinnacle may terminate with immediate effect and expel the Member from the Centre’s premises.
– Pinnacle may terminate this Membership Agreement for any other reason that is reasonably necessary to protect the legitimate interests of the business by giving 30 days written notice.
– Valid termination of this Membership Agreement will constitute termination of the DebitSuccess Contract and DDR Service Agreement.
Pinnacle may allow members to suspend their membership for a specified period for a fee of $2.50 per week of suspension. Prepaid or minimum term memberships will be extended for the amount of time equivalent to the period of suspension. The direct debit minimum term payment instalments will be suspended during the period of suspension and will resume once the period of suspension is finisheThe member must complete and sign a Membership Suspension Form and pay the suspension fee. Suspension for medical reasons will attract no charge upon presentation of a medical certificate.
Payment Default and Late Fees
2. Pinnacle or Debit Success will give the Member notice of the Payment Default.
3. If the Member is under 18 years of age, the Parent/Guardian must sign the Pinnacle Membership Application before the commencement of the membership and will be liable for payment.
4. If the Member fails to remedy the Payment Default within 30 days of receiving notice from Pinnacle or DebitSuccess then this will constitute a material breach of this Membership Agreement and Pinnacle will be entitled to terminate this contract immediately. All fees and outstanding payments up to the date of termination will become immediately due.
5. The Member will pay any costs incurred by Pinnacle in collecting money, including any collection agency costs, court costs, solicitor’s fees and interest at the rate as specified by the Attorney General from time to time in accordance with section 2 of the Penalty Interest Rates Act 1983.
Variation of Terms
1. Pinnacle may vary the fees due under this Membership Agreement by providing 30 days written notice to the Member. In such circumstances the Member may immediately terminate this Membership Agreement without penalty by giving written notice before the end of the 30 day notice period.
2. Pinnacle may elect to change the location of the Centre during the period of this Contract to a new site within 5 km of the Centre’s current site. The Member should notify Pinnacle if it is inconvenient to continue under this Membership Agreement, and Pinnacle may determine in appropriate circumstances to waive the applicable termination fees.
3. Pinnacle may from time to time vary the terms and conditions of this Membership Agreement in respect of its operation hours, Rules of Conduct and provision of services if it is reasonably necessary to protect the legitimate interests of its business to do so.
Liability of Pinnacle
As a supplier of recreational services for ordinary personal use, Pinnacle acknowledges that it is deemed to make certain statutory non-excludable guarantees to Members. Pinnacle does not purport to limit its liability for a failure to comply with the above non-excludable guarantees except insofar as a failure to comply with these guarantees results in personal injury or death. Pinnacle further excludes liability for any injury, loss or damage that arises from the fault or negligence of the Member.
WARNING UNDER THE FAIR TRADING ACT 1999: Under the provisions of the Fair Trading Act 1999 several conditions are implied into contracts for the supply of certain goods and services. These conditions mean that the supplier named on this form is required to ensure that the recreational services it supplies to you are rendered with due care and skill, as fit for any purpose they are commonly bought as it is reasonable to expect in the circumstances and might reasonably be expected to achieve any result you have made known to the supplier.
Under section 32N of the Fair Trading Act 1999, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Fair Trading Act 1999 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.
NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part. Gross negligence is defined in the Fair Trading (Recreational Services) Regulations 2004.
Liability of Member
The Member is liable for any damage to property on the Centre’s premises that is caused by themselves or their guests.
1. All notices sent by Pinnacle to a Member in accordance with these terms shall be to the address or email set out on the application form and it is the obligation of the member to advise Pinnacle of any change in address, email or other personal particulars.
2. The Member may provide notice by handing a written notice to reception at the Centre. The Member should take care to ensure that the notice is duly received to avoid issues arising as to the date of notice.
Pinnacle intends to rely upon the written terms set out in the Membership Agreement. If the Member requires any changes, they should ensure that they ask for these to be put in writing.