1.1 “ACL” means the Australian Consumer Law contained within the Competition and Consumer Act 2010 (Cth).
1.2 “Agreement” means this membership agreement between you and Strength & Motion Academy, including all referenced documents.
1.3 “Billing Account” refers to the bank account or credit card you nominate for direct debit payments.
1.4 “Cancellation Fee” means the $150 fee payable under clause 3.7 if applicable.
1.5 “CCA” means the Competition and Consumer Act 2010 (Cth).
1.6 “Club” refers to the Strength & Motion Academy facility listed in your Membership Agreement, including all equipment and services located at that site.
1.7 “Club Access” refers to the initial joining fee outlined in your Membership Agreement.
1.8 “Club Rules” means all Strength & Motion Academy policies and Golden Rules, updated from time to time and available on request.
1.9 “Direct Debit Membership” refers to a membership billed weekly, fortnightly or monthly via direct debit.
1.10 “Direct Debit Membership Fee” refers to the scheduled fee for your chosen direct debit plan.
1.11 “Dishonour Fee” means the $10 fee (or other amount set by the Club) for failed payments.
1.12 “Facilities and Services” includes all gym areas, training zones, equipment and included programs unless otherwise noted.
1.13 “Fines” refers to fines issued under the Club’s Fines Policy.
1.14 “Freeze Fee” refers to the fee charged to place your membership on hold.
1.15 “Golden Rules” means the key conduct rules governing behaviour in the Club.
1.16 “Joining Fee” refers to the fee noted in your Membership Agreement.
1.17 “Member” means the person entering into this Agreement.
1.18 “Membership” refers to your membership with Strength & Motion Academy.
1.19 “Membership Age Policy” outlines age requirements and restrictions.
1.20 “Membership Agreement” is the form provided to you upon joining.
1.21 “Membership Fees” refers to all fees payable under this Agreement.
1.22 “Membership Transfer Policy” outlines the rules for transferring membership.
1.23 “Minor” refers to individuals under 18 years of age.
1.24 “Paid In Advance Membership” refers to memberships billed upfront.
1.25 “Payment Agreement” refers to the agreement authorising the Payment Provider to debit your account.
1.26 “Payment Provider” refers to the third-party billing service used by the Club.
1.27 “Penalty Fee” means the $200 fee (or other amount determined by the Club).
1.28 “Policies” means all current Strength & Motion Academy membership policies.
1.29 “Pre-Workout Questionnaire” refers to the form you must complete before training.
1.30 “Privacy Policy” refers to the Club’s Privacy Policy available online.
1.31 “Products” refers to any goods purchased from the Club.
1.32 “Staffed Access Only Membership” means access only during staffed hours.
1.33 “Staffed Hours” means the posted operating hours for staffed attendance.
1.34 “Strength & Motion Academy” means Simply Ideal Pty Ltd as trustee for the EAA Trust.
1.35 “Strength & Motion Academy Website” refers to the official SMA websites.
1.36 “Written Notice” means communication in writing, by email, post or in person.
2.1 Your membership is governed by this Agreement.
2.2 This Agreement includes these Terms, the Membership Agreement, Club Rules, Policies and Privacy Policy.
2.3 Your application may be subject to review before acceptance.
2.4 Strength & Motion Academy may amend this Agreement at any time.
2.5 Provisions intended to benefit third parties are held on trust for them.
3.1 Your membership grants you access to the Club and included services according to your membership type.
3.2 You must update the Club promptly if your details change.
3.3 Membership grants access to SMA-branded clubs unless stated otherwise.
3.4 Membership holds are subject to the Hold Policy.
3.5 Paid in advance memberships may be transferred under the Transfer Policy.
3.6 Direct debit members may transfer under the Transfer Policy.
(a) Membership Fees
You agree to pay all Membership Fees as outlined in your Membership Agreement and Payment Agreement.
Direct debit payments occur in advance based on your selected frequency. Paid in advance memberships must be paid upfront.
All joining fees and applicable pro-rata amounts must be paid prior to commencement.
(b) Additional Fees
Dishonour Fees and administrative charges apply for failed payments. Repeated failed payments may result in suspension or termination.
(c) Equipment Rules & Fines
All equipment must be returned to designated storage areas after use. Failure to comply may result in fines deducted by the Payment Provider.
(d) Changes to Fees
The Club may adjust Membership Fees with 30 days Written Notice.
Minimum age is 14. Minors require parent or guardian approval and must follow age restrictions.
The Club may require a Staffed Access Only membership for certain members.
Bringing non-members into the Club is prohibited. Violation may result in penalties and termination.
Commercial activity in the Club is prohibited unless expressly approved in writing.
All members must comply with Club Rules at all times. Serious breaches may result in suspension or cancellation.
Completion of orientation is required. Failure to complete orientation may restrict or terminate membership.
Personal training and third-party services are separate from membership and may incur additional fees.
You are responsible for ensuring you are medically fit to use the facilities.
Surveillance is used for security. No recording occurs in bathrooms or assessment rooms.
You must use all equipment safely and responsibly.
The Club is not responsible for lost, damaged or stolen personal property.
Our liability is limited to the extent permitted by law. We are not liable for injuries unless caused by reckless conduct.
Using the Club involves risk. By accepting this Agreement, you acknowledge and accept that risk.
You use the Club at your own risk. This clause does not apply where injury results from gross negligence.
All memberships include a 10-business-day cooling-off period.
You may freeze your membership for up to three months within a 12-month period.
You may cancel anytime with Written Notice. Key tag must be returned.
The Club may restrict or terminate membership for non-payment, unsafe behaviour or policy breaches.
Stopping direct debit outside permitted processes may result in outstanding fees becoming payable.
SMA may assign this Agreement at any time.
Physical activity carries inherent risks including injury, illness or death.
SMA may update these Terms with reasonable notice.
This is an ongoing membership agreement until cancelled by either party.
Personal information is handled according to the Privacy Policy. Members must keep contact details updated.
Reproduction or distribution of SMA materials is strictly prohibited.
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