TERMS & CONDITIONS  

BY ACCESSING THIS SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS OF USE, WHICH FORM A LEGALLY BINDING AGREEMENT. PLEASE NOTE THESE TERMS CONTAIN DISCLAIMERS AND LIMITATIONS OF LIABILITY, AS WELL AS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER FOR US RESIDENTS. IF YOU DO NOT AGREE WITH THESE TERMS OF USE , PLEASE DO NOT USE THE SITE. 

The Site is intended to be used solely by individuals over the age of 18. 

Free Pass Terms and Conditions +1 Day Free Gym Pass only valid at Gymaholic and entitles gym and class access for 1 day only. Excludes Group classes. Guest must redeem their free pass at www. Gymaholic.com. Guest procedures apply and guest must bring a towel and padlock for locker use. First time visitors only. Must be 18+ and Photo ID required.  

MEMBERSHIP TERMS AND CONDITIONS THIS IS AN IMPORTANT DOCUMENT – PLEASE ENSURE THAT YOU READ IT CAREFULLY 

1. Our Agreement: This agreement is made between Gymaholic (“Us”, “We”, “Our” or “Gymaholic”) and the member whose name appears in the application for membership agreement (“you”). The Rules, these Terms and Conditions, Health Check Questionnaire and your Membership Application Form make up the entire agreement between the parties (“the Agreement”). Any previous representations or documents whether provided by Gymaholic or its agents or employees is excluded from this Agreement. You must ensure that you read, understand and abide by all of the terms and conditions of the Agreement. If you have any questions please ask us. “Rules” means the rules which are binding rules that apply to all members, visitors and guests and that notified to you through signage, handouts, or our website (www.thegymaholic.com).
2. Age Restrictions: If you are of a limited legal capacity (i.e. between 14 and 17 years of age), you represent that you have obtained the consent of your statutory representative prior to entering in to this Agreement, and that the signature of the Parent / Guardian contained herein, is that of your Parent / Guardian. 
3. Start Date:Your Membership starts on the membership start date on page one of the Membership Application Form provided that you have signed the Membership Application Form and these Terms and Conditions. 
4. Your Membership are not transferable and must be shown on every visit to gain entry:Photo identification is necessary with Gymaholic membership purchase and an ID photo will be taken for the Gymaholic database records only. If you allow your membership card to be used by another person for the purpose of obtaining admission, this amounts to the repudiation of the Agreement and we may terminate the Agreement with you paying all monies due under this Agreement. In the event of a lost or stolen Membership card, you should contact Gymaholic regarding the reissue of a replacement card. A fee of $10 will be charged to cover the cost of the replacement card. 
5. Your Membership Type: You are becoming a member of Gymaholic under the type of membership (“Membership Type”) and at the club stated in your Membership Application Form. Membership Types and their respective access restrictions are: • Strength training plan USD$ 250 • All inclusive Plan USD$ 350 • 12 day pass USD$ 150 • 20 day pass USD$ 200 • 1 day pass strength workout USD$ 30 • 1 day pass special group class USD$ 15 You may not transfer your membership to another person. Your membership is personal to you. 
6. Cooling Off Period: If you choose to cancel your ‘Pay as You Go’ membership during the Cooling Off Period we will refund to you your upfront payments less the cost of the final month’s membership fee as a reasonable administration fee. Refunds will be made by EFT or Check. No Cash refunds will be issued. 
7. COVID-19 Lockdown and Restrictions:Your reasons for early termination in clause 11 are subject to the government restrictions and regulations surrounding the COVID-19 pandemic. In the event that restrictions and lockdowns are in place which: (a) cause a closure to your Club for any period of time; or (b) imposes limitations on your access and manner in which you can attend and utilize your Club; earlier termination will not be acceptable.
8. Membership Holds:If you wish to suspend your membership “Membership Hold” is available to Summit Members only. You may place your membership on hold for medical, maternity/paternity, travel, and military reasons upon the provision of satisfactory supporting documentation. Membership Holds are available for a minimum of 2 weeks and maximum of 8 weeks per calendar year and is only possible if your membership dues are paid up to date. All requests must be applied for in writing using the Gymaholic Hold Form, at least seven (7) days prior to the commencement of the hold period, and Gymaholic reserves the right to refuse any application for hold at any time. No backdated requests will be approved. Hold dates must coincide with pre-existing billing dates. 
9. Right of Exclusion:We can refuse entry to Gymaholic club, cancel your membership and / or terminate this Agreement without warning or notice for inappropriate, threating or harassing behavior, damaging equipment or facilities, intoxication or use of illegal or performance enhancing drugs or discrimination in Gymaholic. You may not conduct, promote, or solicit other business in the Gymaholic club without prior permission of Gymaholic management. No refunds will be issued. 
10. Membership dues and fees:All membership dues and fees may be recovered from your nominated credit/debit account (as provided from time to time) (“Membership Dues and Fees”). Any bank fees charged to us because of a rejection when collecting your due membership fees may be charged directly to you by us. If a membership fee payment remains outstanding, you agree that, unless we are in breach of our obligations under the Agreement, we may continue to debit the nominated credit/debit account for the total amount due without notice to you. If for any reason payment of your Membership Dues and Fees is declined by your credit card/bank account a fee of $15 per due payment may be charged by Gymaholic as a charge we incur for collecting any outstanding Membership Dues and Fees and will be payable by you. If you have a genuine dispute in relation to the collection of outstanding amounts or the charges we incur, please contact us. 
11. Membership Fee Increase: We review our Membership Dues and Fees periodically and we reserve the right to change them. If we increase the Membership Dues and Fees we will provide at least 30 days prior notice of the increase by post, email or SMS to the addresses provided by you in the Membership Application Form. Following such notice, you authorize us to increase any direct debits to your credit card or bank account which you have authorized upon joining. We will not use this right to vary the terms on any special offer which applies to you. If you do not wish to accept an increase you may terminate this Agreement as contemplated under clause 
12. All Membership Dues and Fees include goods and services tax (GST).We reserve the right to change your Membership Dues and Fees in line with any government GST rate changes.
13. Refunds Except as provided in this Agreement: All monies are non-refundable. 

14. Liability Because physical exercise can be strenuous and subject to risk of serious injury: The club urges you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You (each member, guest, or participant) agree that if you engage in any physical exercise or activity, or use any club amenity on the premises or off premises including any sponsored club event, you do so entirely at your own risk. You agree that you are voluntarily participating in these activities and use of these facilities and premises and assume all risks of injury, illness, or death. We are also not responsible for any loss of your personal property. This waiver and release of liability includes, without limitation, all injuries which may occur, regardless of negligence, as a result of; (a) your use of all amenities and equipment in the facility and your participation in any activity, class, program, personal training or instruction, (b) the sudden and unforeseen malfunctioning of any equipment (c) our instruction, training, supervision, or dietary recommendations (d) any on-line or virtual training; and (e) your slipping and/or falling while in the club, or on the club premises, including adjacent sidewalks and parking areas. This waiver also includes any claim associated with the presence of or transmission of any bacteria, viruses, or infectious diseases. You acknowledge that you have carefully read this “waiver and release” and fully understand that it is a release of liability. You expressly agree to release and discharge Gymaholic, Inc., and all affiliates, employees, agents, representatives, successors, or assigns, from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against the club for negligence, personal injury or property damage.  

15. Responsibility for Damage caused by you: You are solely responsible for any damage which you may cause to Gymaholic, its facilities, services, products or equipment, if such damage is caused by your willful act and/or negligence. 
16. Your Health Exercising and using club facilities may involve risk of injury and you exercise and use the Gymaholic at your own risk: You agree to disclose to us all relevant personal health and fitness information both prior to and during engagement in any exercise program, service or facility we provide to you, as part of your membership. Please monitor your physical condition at all times and exercise to a level that is appropriate given your knowledge of your health and any medical advice you have obtained. You further warrant and represent that you will advise Gymaholic of any mayor changes to your health while you are a member and not use Gymaholic or any of our facilities, services or products while you are suffering from any infections or contagious illness, disease or other ailment or while you are suffering from any physical ailment such as open cuts, or sores, or minor infections where there is a risk, however small, to other members and guests. We reserve the right to refuse entry or terminate memberships based on health reasons for the safety of our members.
17. General Club Use 1. Dress Code:  Fully enclosed, clean sports shoes must be worn in all public (non studio) areas of Gymaholic and during workouts for safety reasons. Appropriate workout clothes should be worn at all times. You are required to wear a singlet or t-shirt at all times.
18. Towels and Cleanliness:Towels must be used when participating in classes and when exercising on gym equipment to maintain hygiene and safety standards. All equipment used (including bags and mats) must be wiped down with a spray bottle and towel after use.
19. Lockers:Lockers are available at Gymaholic. Please look after your personal items, Gymaholic employees, or contractors, are not responsible for any loss of personal property. Lockers provided are not security devices and you must supply your own padlock. All belongings must be removed from the lockers prior to close of club daily or they will be removed and Gymaholic does not take responsibility for loss, damage, or theft of your belongings. 
20. Gym Floor:To prevent trip hazards, no bags are to be brought to the gym floor or studios, and weights are to be put away correctly after use.
21. Interruption of Services: As a result of repair, maintenance, public holiday, special occasions or inclement weather, Gymaholic may be required to restrict the use or temporarily close or halt Gymaholic club activities from time to time. There will be no reduction, suspension, abatement, or apportionment of membership fees or other charges during such time when the above-mentioned occurs. Gymaholic hours of operation may be modified from time to time without prior notice to you. Gymaholic reserves the right to change the facility from time to time, to eliminate or add facilities and services, and to change the type or quantity of equipment and services. Gymaholic may from time to time reserve the use of its facilities for special events, competitions and private functions. 
22. Schedule and Equipment: Gymaholic reserves the right to update, move and/or alter the facilities, equipment and modify the Group Fitness class exercise schedule. 
23. Changes on information: You must keep us promptly informed of any changes of address, phone contact numbers, email address, bank account and credit card details for payment and any other personal information that is relevant to your membership with us. 
24. Privacy Statement and Acknowledgement: We take the privacy of our members seriously. We collect personal information from you to provide you with our services, to administer your membership and for other purposes as described in our Privacy Policy. We will only use, disclose or deal with such information in accordance with our Privacy Policy. A full copy of our Privacy Policy is shown on our website https://www. Gymaholic.com. /privacy-policy/.
25. Governing Law:These Terms and Conditions are governed by, and you agree to submit to the laws applicable in the state or territory of your Club. 
26. Variation: We may, subject to your rights in clause 11, alter these Terms and Conditions or the Rules at any time upon 30 days written notice, including email, SMS message or posting it on our website. All use of Gymaholic facilities, services and products after the date specified in such notice will be subject to such altered Terms and Conditions or Rules and you will have been deemed to accept these variations. 

TRADEMARKS 

Gymaholic logo and all page headers, custom graphics, button icons, trademarks, service marks and logos appearing on this Site, unless otherwise noted, are service marks, trademarks (whether registered or not) and/or trade dress of Gymaholic (the “Marks”). You are not authorized to display or use the Marks in any manner without the express prior written consent of Gymaholic. The use or misuse of the Marks or other trademarks, names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited. All other product and company names and trademarks mentioned, displayed, cited or otherwise indicated on the Site are the property of their respective owners. 

DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENTS, OR ANY SITE WITH WHICH IT IS LINKED, WHICH ARE EACH PROVIDED FOR USE “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE, ITS CONTENTS, AND ANY SITE WITH WHICH THIS SITE MAY BE LINKED. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS OR E-MAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS SITE, OR ANY SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS SHALL HAVE THE BENEFIT OF THIS CLAUSE.  

INDEMNITY 

To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless Gymaholic, its parents subsidiaries and affiliates together with their respective directors, officers, managers, members, employees and agents, from and against all liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) incurred or alleged by any third party arising out of or related to your use of this Site, any content you submit, post to, or transmit through this Site or your breach or alleged breach of these Terms of Use.  

Covid 19 – FAQs 

What are you doing to keep your members and team members safe? 

• gymaholic employees, members and guests should adhere to individual state and local mask requirements.
• Increased sanitization stations will be available throughout the gym floor for member use.
• Additional information about operating hours or other local guidelines that may apply can be found on ourclub page.

What type of disinfectant do you use? 

Our employees will be conducting increased, thorough cleanings throughout all areas of the club using disinfectant on the EPA list effective against COVID-19. 

Do you have hand sanitizer available for member use? 

Yes, we do! You will find sanitization stations throughout the gym, fully stocked with disinfectant spray and hand sanitizer.  

What can members do to stay safe? 

• The CDC recommends you wash your hands for at least 20 seconds with soap and water before using equipment
• Remember to disinfect equipment before and after use
• Maintain physical distance between members and employees
• Please stay home if you’re not feeling well. 

Gymaholic Mask Policy 

The wellbeing of our employees and members continues to be our number one priority. Employees, members and guests should adhere to individual state and local mask requirements. 

Are members and guests required to wear masks at all times? 

Employees, members and guests should adhere to individual state and local mask requirements. 

What if I have to wear a mask and I forgot it? 

Please see the front desk at our club and they would be happy to provide you with a mask if supplies are available.