PEAQ Terms and Conditions

INTRODUCTION:

Welcome to PEAQ Conditioning Pty Ltd (ACN 673 825 093) (“PEAQ”, “we”, “us” or “our”) . To ensure that PEAQ is able to provide a safe and comfortable environment these Terms and Conditions form part of, apply to, and are entered into the membership agreement between us and you. In these Terms and Conditions “you”, “member” or “your” means the person accessing or seeking to access our facilities and services. When you submit your membership application form, you are bound by and agree to comply with these Terms and Conditions. You acknowledge and accept that PEAQ may amend these Terms and Conditions from time to time, in its sole discretion. If you do not agree with any part of these Terms and Conditions, you should not use our services or facilities.

You are entitled to commence using your membership benefits from the date stated on your membership agreement.

GENERAL:

If any provision of these Terms and Conditions is prohibited, invalid or unenforceable, that provision will be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of that provision, unless it materially alters the nature or material terms of these Terms and Conditions.
A notice or other communication to or by a party under these Terms and Conditions must be in writing, and must be delivered in person, by email or by post to an address of the recipient specified in these Terms and Conditions or any new address of the recipient known to the sender.
You may only use confidential or sensitive information disclosed by PEAQ for the purposes expressly specified by PEAQ, and must keep any such confidential information confidential except where the information is public knowledge (but not because of a breach of these Terms and Conditions, disclosure is required by law or a regulatory body.
The laws of South Australia govern these Terms and Conditions. Each party submits to the non- exclusive jurisdiction of the courts exercising jurisdiction in South Australia and waives any right to claim that those courts are an inconvenient forum.
An obligation on PEAQ under these Terms and Conditions will be suspended during the time and to the extent that the party is prevented from or delayed in complying with that obligation by an event of Force Majeure. For the purposes of this clause, ‘Force Majeure’ means events or circumstances to the extent that such events are beyond the reasonable control of PEAQ, including any: pandemics or epidemics, act of God, pandemic or epidemic, fire, lightning, flood, explosion, or subsidence or other natural disaster, insurrection or civil disorder or military operations, Government restraint, expropriation, prohibition, intervention, direction or embargo, strikes, lock-outs or other industrial disputes of any kind, or failures or delays by suppliers or subcontractors.
A member is not capable of assigning any right under these Terms and Conditions without the prior written consent of PEAQ.
Nothing in this agreement is to be construed as creating an employment, agency, partnership, fiduciary or joint venture relationship between PEAQ and any member.

MEMBERSHIPS:

This section outlines understanding all membership options available at PEAQ. All PEAQ Memberships have a $35 Joining Fee.

Please note that each membership may be subject to further terms and conditions as specified in section 2. By signing you acknowledge and accept the specific terms that apply to that membership type or facility use.

Membership Type: Performance Membership

Price: $22.99 per week | ($45.98 billed fortnightly)

Description: 24/7 gym access | Group class access | $150 cancellation fee if the minimum term has not been served | 2 weeks written Cancellation Notice after Minimum Term

Min Term: 6 Months

Membership Type: Ultimate Performance Memberships

Price: $45.00 per week | ($90 billed fortnightly)

Min Term: 3 months

Membership Type: Recovery Membership

Price: $35.00 per week | ($70.00 billed fortnightly)

Description: Access to unlimited recovery services during bookable times on app | $150 cancellation fee | Access to Yoga and Pilates Classes | 2 weeks written Cancellation Notice after Minimum Term

Min Term: 3 months

Membership Type: PEAQ Academy

Price: $45.00 per week | ($90 billed fortnightly)

Description: Access to academy sessions only under direct supervision of a coach | Monday to Friday 7am-8am OR Monday to Thursday 4.15pm-5pm / 5.15pm-6pm | Access to Lumin | $150 cancellation fee | 2 weeks written Cancellation Notice after Minimum Term

Min Term: 10 weeks

Membership Type: Rehab Membership

Price: $145.00 per week | ($280 billed fortnightly)

Description: 24/7 access | Small group rehab sessions 3 times per week Monday and Wednesday 7am-8am & Saturday 9am-10am | Individualised programming | Weekly check in with Physio | Unlimited access to Sauna, Contrast Baths, Normatec Pants and Hyperice and Venom products | Yoga and Pilates Class access | See out Minimum Term of 4 weeks

Min Term: 4 weeks

PEAQ may vary its pricing or membership type benefits from time to time at its absolute discretion, by providing prior written notice to you. Any changes to the pricing or benefits will take effect from the date specified in the notice. If you do not agree to the changes in pricing or membership type benefits, you can terminate your membership under these terms without penalty before the changes to pricing or benefits take effect.

1.1 Ongoing Minimum Term Membership:

An ongoing minimum term membership requires a minimum commitment, as stated in your membership details (“Minimum Term”) and the end date (“Minimum Term End Date”). After the Minimum Term End Date, your membership will continue unless you notify us in writing that you wish to cancel.

If your membership extends beyond the Minimum Term, it can be cancelled by you or us as per the Terms and Conditions. If you have a direct debit arrangement, payments will continue until your membership is cancelled in accordance with the Terms and Conditions. You agree to follow the policies and rules related to your Membership Access Type.

We may change our staffed hours with a minimum of 14 days’ notice. If this affects your Membership Access Type, it’s your sole responsibility to stay updated.

Membership payments are made fortnightly by direct debit from a nominated bank account.

1.2 Upgrading Your Membership:

You may upgrade your membership at any time by completing an upgrade form and paying any applicable prorated fees.

1.3 Downgrading Your Membership:

After your Minimum Term, you can request a downgrade by completing a downgrade form if you wish to remove any membership components.

1.4 Membership Hold:

After your Minimum Term, you may hold your membership for a minimum of two (2) weeks and for a maximum of eight (8) weeks (in 2 week increments) within a twelve (12) month period. The deferral may be for any reason.

You must give us a minimum of fourteen (14) days notice by completing a membership hold form in order for your membership to be placed on hold after the initial six (6) month contract.

Holds longer than the approved maximum eight (8) weeks may be available at the discretion of the facility. It is the responsibility of the member to contact PEAQ to discuss the duration and cost of the hold. Longer holds must be approved by Senior Management of PEAQ.

1.5 Cancelling:

To request a membership cancellation, you must complete a cancellation form upon which you will be given your options regarding payment of relevant fees. It is our preference that you do this in person. You cannot cancel your membership verbally.

From the date of your written request to cancel your membership, one further direct debit cycle (14 days) is required plus a cancellation fee if applicable. You will be entitled to use the facilities and services during the notice period. The date of cancellation will be the date that we receive the documentation.

If you cancel your membership before the Minimum Term End Date (as applicable), you must pay a cancellation fee calculated in the manner specified in your membership details (to the total of $150).

Your membership fees are required to be paid up to the date of the cancellation and fees owing by you prior to this date, are recoverable in full by us.

In the event that you make payments or authorise payments to be made periodically under your membership, upon receipt of a cancellation notice, we will immediately inform our membership administrator (or the relevant accounts department) that the deductions cease as soon as possible.

2. SPECIFIC MEMBERSHIP TERMS AND CONDITIONS

UNDER AGE POLICY

Members between the ages of 10 to 17 years are eligible for a membership subject to these general Terms and Conditions in addition to the following age policy:

The underage member must comply with all safety requirements of the gym as communicated to the member from time to time;  
The underage membership may be cancelled for any inappropriate behaviour, misuse of equipment or failure to comply with safety requirements; 
The underage member must comply with the applicable sections of the age policy;

AGE: 14

MEMBERSHIP: PERFORMANCE | ULTIMATE PERFORMANCE

ACCESS: STAFF HOURS ONLY

RESTRICTIONS: Must have a guarantor form filled in by Parent or Guardian | Must be accompanied by Parent, Guardian or Exercise Professional

AGE: 15

MEMBERSHIP: PERFORMANCE | ULTIMATE PERFORMANCE

ACCESS: STAFF HOURS ONLY

RESTRICTIONS: Must have a guarantor form filled in by Parent or Guardian | Must be accompanied by Parent, Guardian or Exercise Professional

AGE: 16

MEMBERSHIP: PERFORMANCE | ULTIMATE PERFORMANCE

ACCESS: 24/7 ACCESS

RESTRICTIONS: Must have a guarantor form filled in by Parent or Guardian

AGE: 17

MEMBERSHIP: PERFORMANCE | ULTIMATE PERFORMANCE

ACCESS: 24/7 ACCESS

RESTRICTIONS: Must have a guarantor form filled in by Parent or Guardian

AGE: 10-17

MEMBERSHIP: ACADEMY

ACCESS: PEAQ ALLOCATED CLASS HOURS ONLY

RESTRICTIONS: Always with a Coach or Physio | Only during the allocated time frame of the classes | No 24/7 Access granted on the Academy Membership

AGE:10-15

MEMBERSHIP: REHAB

ACCESS: PEAQ ALLOCATED CLASS HOURS

RESTRICTIONS: Always with a Coach or Physio | Only during the allocated time frame of the classes

AGE: 16-17

MEMBERSHIP: REHAB

ACCESS: PEAQ ALLOCATED CLASS HOURS 24/7 ACCESS

RESTRICTIONS: Always with a Coach or Physio during Allocated class time | Can access gym 24/7

See below for the appropriate Under Age policy to ensure members are aware of the Restrictions and Access.

2.1.1 ACADEMY:

Responsibility for Academy Under Age Members:

If you are an academy member, you must have a parent or guardian’s full consent to enter into a direct debit arrangement or a membership agreement. The parent or guardian will be financially responsible for your membership, regardless of who makes the payments. They must sign your membership application and agree to the Terms and Conditions on your behalf. If a parent or guardian does not agree to these Terms and Conditions, you will not be accepted as a member of PEAQ or have access to the use of the facilities or services.

By becoming a e member and agreeing to these Terms and Conditions, your parent or guardian:

Assumes responsibility for ensuring you exercise safely and adhere to these Terms and Conditions during your membership;
Agrees to indemnify us against any claims made by or on behalf of you that would have been excluded under these Terms and Conditions if you were an adult.

Facility Access: Please scan in upon each entry so our staff are aware of your arrival. Ensure that all academy members are physically signed out of the facility after all sessions. Although we prioritise member safety and have staff on site, it is the responsibility of the parent or guardian to collect their child promptly after the session ends.

2.1.2 REHAB;

Responsibility for 10-15 year old REHAB Members:

Parental/Guardian Consent: Membership for individuals aged 14 requires the consent and signature of a parent or legal guardian. The parent or guardian assumes full legal responsibility for the underage members adherence to the terms of this membership.

Access and Supervision: Access to facilities is restricted to REHAB allocated class hours. During these times, the under age member must be accompanied by their parent, legal guardian, a suitably qualified coach. Access is not permitted during unstaffed hours.

Eligibility for Passes: Members in this age group are not eligible to redeem Trial or Casual Visit. Permitted Usage: Usage for this age group is limited to:

Cardio equipment
Other equipment as prescribed by a medical or exercise professional

All activities must adhere to the conditions outlined above.

Responsibility for 16 & 17 REHAB Members:

Parental/Guardian Consent: Membership for individuals aged 16 and 17 requires the consent and signature of a parent or legal guardian. The parent or guardian assumes full legal responsibility for the underage members adherence to the terms of this membership.

Access is granted during PEAQ Rehab allocated sessions, both staffed and unstaffed hours, and the underage member is not required to be accompanied by their parent or legal guardian.

Eligibility for Passes: Members in this age group are not eligible to redeem Trial or Casual Visit.

All classes and equipment are available to these members, subject to any medical advice. All activities must adhere to the conditions outlined above.

2.1.3 PERFORMANCE/ULTIMATE PERFORMANCE MEMBERSHIPS:

Responsibility for 14 year old Members:

Access and Supervision: Access to facilities is restricted to staffed hours. During these times, the underage member must be accompanied by their parent, legal guardian, a suitably qualified personal trainer, or another approved exercise professional. Access is not permitted during unstaffed hours.

Eligibility for Passes: Members in this age group are not eligible to redeem Trial or Casual Visit.

Permitted Usage: Usage for this age group is limited to:

Non weight-based group fitness classes
Cardio equipment
Other equipment as prescribed by a medical or exercise professional

All activities must adhere to the conditions outlined above.

2.1.4 Responsibility for 15 year old Members:

Parental/Guardian Consent: Membership for individuals aged 15 requires the consent and signature of a parent or legal guardian. The parent or guardian assumes full legal responsibility for the underage members adherence to these Terms and Conditions and agrees to indemnify us to the full extent of the law.

Access and Supervision is allowed only during staffed hours; however, the underage member is not required to be accompanied by their parent or legal guardian. Access is prohibited during unstaffed hours.

Members in this age group may redeem Trial or Casual Visit, provided that their parent or legal guardian attends the gym on the first visit and signs as a guarantor on the waiver.

Usage for this age group is permitted as follows, subject to the aforementioned conditions:

All group fitness classes
All challenges
Weight-based equipment
Cardio equipment

2.1.5 Responsibility for members 16 & 17 year olds:

Membership for individuals aged 16 and 17 requires the consent and signature of a parent or legal guardian. The parent or legal guardian assumes legal responsibility for the under-age members obligations under these Terms and Conditions.

Access is granted during both staffed and unstaffed hours, and the underage member is not required to be accompanied by their parent or legal guardian. Members in this age group are eligible to redeem Trial or Casual Visits, provided that their parent or legal guardian attends the gym on the initial visit and signs as a guarantor on the waiver.

All classes and equipment are available to these members, subject to any medical advice.

2.2.1 5 Day Gym Trial

To activate your Trial you must head in and see a PEAQ staff member.

You warrant that you understand that this is a 5 day free trial. From the date of sign up you will gain access to PEAQ facilities over a 5 day period. After the 5 day period you will cease to have free access to PEAQ facilities.

Valid for first time members only, and must be 18 years and older.
The pass entitles you to trial the PEAQ facilities for up to 5 days.
PEAQ may contact you (including by email, SMS, telephone or such other means) for marketing purposes.
You understand that proper training clothing and enclosed shoes must be worn whilst at the gym and appropriate for training.
You must to check in via the “Gymmaster” app upon each visit.

You will also be issued 1 Free Recovery Session to use within your 5 day Gym Trial. You must use the session during staffed hours and make yourself known to the staff in order to book your free recovery session.

STAFFED HOURS

Monday - Friday: 6am-11am & 3.30pm-7pm

Saturday: 7am-11am

2.2.2 5 Day Class Trial - Only available when PEAQ advise

To activate your Trial you must head in and see a PEAQ Staff Member.

You understand that this is a 5 day free trial. From the date of sign up you will gain access to PEAQ for their classes over a 5 day period. After the 5 day period you will cease to have free access to PEAQ classes.

Valid for first time members only, and must be 18 years and older.
The pass entitles you to trial the PEAQ classes for up to 5 days.
PEAQ may contact you (including by email, SMS, telephone or such other means) for marketing purposes.
You must to check in via the “Gymmaster” app upon each visit.

You will also be issued 1 Free Recovery Session to use within your 5 day Class Trial. You must use the session during staffed hours and make yourself known to the staff in order to book your free recovery session.

STAFFED HOURS

Monday - Friday: 6am-11am & 3.30pm-7pm

Saturday: 7am-11am

STAFFED HOURS

Monday - Friday: 6am-11am & 3.30pm-7pm

Saturday: 7am-11am

2.2.2 5 Day Class Trial

To activate your Trial you must head in and see a PEAQ Staff Member.

Valid for first time members only, and must be 18 years and older.
The pass entitles you to trial the PEAQ classes for up to 5 days.
PEAQ may contact you (including by email, SMS, telephone or such other means) for marketing purposes.
You must to check in via the “Gymmaster” app upon each visit.

2.2 Recovery

You acknowledge and accept the risks inherent in the use of the Far Infrared Sauna, NormaTec® Compression Pants, Hyperice Massage Guns, Venom Devices/Viper & Hypersphere, Contrast Therapy Baths and any other equipment or facilities that PEAQ makes available, collectively referred to as “Recovery Equipment”.

You voluntarily assume the risk of injury, accident or death, which may arise from the use of the Recovery Equipment

You acknowledge and accept that it is solely your responsibility to monitor your body/reactions and determine if it is appropriate to use the Recovery Equipment. You are solely responsible for your own safety and well-being.

It is recommended that you consult a physician before use of Recovery Equipment or if questions or concerns arise.

Members must ensure that they wipe down the legs, arms, or hip attachments inside and out with a damp clean cloth or antiseptic wipe after use in the Normatec Pants.

Dr Dish Basketball machine

By using the Dr Dish Basketball machine (“the Machine”) you agree to comply with these Terms and Conditions.

The Machine and PEAQ services are available for use by individuals aged 18 and older. Individuals under 18 years of age may only use the Machine or services under the direct supervision of a parent, guardian, or authorized Gym staff member.
Damage to the Machine or any parts thereof, including but not limited to, tearing the netting while erecting or disassembling the machine, computer damage by not turning off before unplugging, etc, will incur costs of repair by the user at the time.
You must immediately report any damage, malfunction, or irregularities in the Machine or any equipment used in PEAQ to PEAQ staff. Do not attempt to repair or tamper with the Machine or equipment yourself.
You are required to wear appropriate athletic attire, including non-marking shoes, while using the Machine or participating in PEAQ services. Failure to follow safety protocols may result in injury and termination of use privileges.
Use of the Machine and participation in PEAQ services may be subject to time limits as established by PEAQ. Please adhere to any posted schedules or booking procedures.
Only basketballs provided by PEAQ may be used with the Machine unless otherwise authorized by PEAQ staff. Equipment used in PEAQ must be handled according to PEAQ guidelines.

3.GROUP FITNESS CLASSES:

Arrival: Please arrive 5 minutes before class starts to set up and warm up properly.
Warm-Up & Cool-Down: All members must participate in both the warm-up and cool-down phases of the class. Late arrivals may be denied entry for safety reasons.
Class Booking: Booking is required for all classes. Check the Fitness Timetable for details.
Consultation: Consult the Fitness Coordinator or Group Fitness Instructor for advice on class selection and attendance.
Policy Compliance: Management and the Fitness Coordinator may cancel your membership if you breach the Group Fitness Policy. We may update the policy to enhance health, safety, or other improvements.
Timetable Changes: Management reserves the right to modify the group fitness timetable.
Policy Violations: Violations will be addressed fairly, with warnings issued for less serious breaches. However, serious or repeated violations may result in immediate suspension or cancellation of your membership, as the health and safety of all users and property protection are our priorities.

4. HEALTH AND WELLBEING:

The health and safety of members is important to us. For this reason, prior to joining we will ask you the following exercise screen questions:

Has your medical practitioner ever told you that you have a heart condition or have you ever suffered a stroke?
Do you ever experience unexplained pains or discomfort in your chest at rest or during physical activity/exercise?
Do you ever feel faint, dizzy or lose balance during physical activity/exercise?
Have you had an asthma attack requiring immediate medical attention at any time over the last 12 months?
Do you have any diagnosed muscle, bone or joint problems that you have been told could be made worse by participating in physical activity/exercise?
If you have diabetes (type 1 or 2) have you had trouble controlling your blood sugar (glucose) in the last 3 months?
Do you have any other conditions that may require special consideration for you to exercise?

For a safe and effective exercise program, accurate health and fitness information is crucial. Please provide all relevant personal health and fitness details before starting any exercise program or activity, either through our pre-exercise questionnaire or in writing.

You must ensure that the information you provide is true, accurate, and not misleading. Do not attend or use our facilities if you have any illness, injury, or condition that could pose a risk to yourself or others.

You must make our staff aware of any injuries or illness that may impact your ability to undertake certain exercises. If you do not feel comfortable disclosing this information in person you may email info@peaq.com.au

Notify us immediately if there are any changes to your health or if you believe participating in activities could pose a health risk to you or others.

We reserve the right to cancel your membership or require medical clearance if, in our reasonable opinion, you do not meet the necessary health or fitness conditions to participate at PEAQ.

5. CODE OF CONDUCT

You agree to follow any reasonable direction of a member or our staff relating to health, safety and gym etiquette.

5.1 ACCESS:

Members must scan their fob/phone app upon each visit to the facility. Activation of your membership consists of all the things you need to get your membership started, including New Member Starter Pack, Membership Card, Copy of your Agreement, Memberships Price List, Group Fitness Policies and our Terms and Conditions. Membership fobs/phone app are for your use only, and must not be given to any other person to access the centre. This can result in the termination of your membership.

5.2 EQUIPMENT:

Members must use all equipment with care and as instructed. Members must immediately replace all weights and equipment upon completion of exercise, unload machines they use and must not leave equipment on the floor. This is a safety issue and will be strictly enforced. Members must immediately report any breakage or damage to equipment to the Fitness Co-ordinator, Group Fitness Instructor or Reception.

If you are not sure of correct use or operation please seek assistance from a staff member.

Members are asked to treat equipment and facilities with care. All equipment within the PEAQ facility belongs to PEAQ and cannot be taken off the premises. Theft will result in immediate termination of your membership and further investigations with legal parties. You agree that you must not cause any loss or damage to any property of PEAQ or any other person and not disrupt or harm other members in any way.

5.3 BEHAVIOUR:

Members and staff must always maintain appropriate decorum and respect others in the gym. Foul language and inappropriate behaviour are not tolerated. Any actions causing harm, discomfort, or risk to oneself or others, such as threats, harassment, deliberate damage, or drug-related offences, may result in immediate denial of access or cancellation of membership.

Members must respect and follow directions given by PEAQ staff at any time at all times and read and comply with all signs and instructions displayed throughout the PEAQ facilities. Members must act in a safe, hygienic, appropriate, lawful manner at all times and be respectful and courteous to all other people at PEAQ at all times.

Members must not mislead or provide false information to PEAQ.

5.4 TOWELS:

Bring a Towel to the gym and to studio classes upon each visit. Members must use a towel when using the gym equipment. Please use the towel or wipes to wipe down any equipment after use for hygiene and sanitary purposes.

5.5 ATTIRE:

Members are asked to dress appropriately for their workouts and wear suitable training shoes at all times while in the fitness studio. Members acknowledge and accept that they may be asked to leave the fitness studio if they are wearing unsuitable footwear including but not limited to work boots, sandals or crocs.

5.6 NON-SMOKING:

Our Gym is a non-smoking facility. Cigarettes and electronic cigarettes (E-cigarettes and vapes) are not permitted on the premises. 5.7 TAILGATING:

You must not admit other members or non members into the facility. If you breach this there will be a $100 fee. Use of PEAQ memberships are strictly for members only. During sessions, there will be instances where casual entry is allowed for a fee, whereby individual's identity details and contact information are captured for our records.

5.8 COURT AREA:

Shoes must be worn on the court at all times. Basketballs must remain within the court area. At times the court space will be booked by PEAQ coaches or PEAQ members which means the court will not be in use during these times.

5.9 WET AREAS:

Bring your own towel to use within the sauna. Sauna is wiped down after each use. Please ensure you wear modest clean clothes such as bathers or active wear in Sauna and contrast baths. Separate Recovery Waiver must be signed to access Wet Areas.

5.11 LOST PROPERTY:

Lost property will be kept for two weeks, after which if unclaimed, will be donated to charity.

5.12 VALUABLES:

We are not responsible for personal property that is damaged, lost or stolen whilst in or around the facility including but not limited to: a vehicle and its contents, any property left in lockers or any other areas.

5.13 CCTV:

PEAQ facilities are under 24/7 video recording. You acknowledge and consent to video recording within the facilities (with the exception of bathrooms and change rooms).

5.14 MEDIA:

We have photographers and videographers assisting with content for PEAQ Coaches and PEAQ Teams. Content may be posted on Social Media Platforms for marketing purposes. By attending our facilities you acknowledge that you may be subject to video, photo and audio surveillance and recording which may be used by PEAQ for any purpose including for security, marketing or any other lawful purpose.

You agree that PEAQ have the rights to take or use media of yourself and your property, and use them in any or all media worldwide (including online or physical publications in any place) at any time for any purpose.

You fully release to PEAQ all rights to exhibit media in any form, and waive any rights, claims or interest you may have to control the use of your identity and likeliness in the recordings and agree that the recordings may be used this way without payment of compensation to yourself.

If you have any issues or concerns about the way in which your recordings are being used, please let us know and we will endeavour to remove it from our content or (if on physical materials) to no longer use the recordings on our future publications or printings of the materials.

5.15 EMERGENCY:

You will follow Emergency Evacuation Procedures and will use the First Aid supplies respectfully if required. The inappropriate use, damaged, lost or stolen Duress pendant can result in a $100 fine. We supply a DEFIB onsite for severe emergencies. The inappropriate use, damaged, lost or stolen DEFIB can result in a $3000 fine if caused.

5.16 PERSONAL INFORMATION:

You agree that we may handle your personal information in accordance with the Privacy Act. You acknowledge and agree that we may use video monitoring in our facilities for health, safety and security reasons. If you have any queries in relation to the use of monitors operating in and around these facilities please contact us.

5.17 INTELLECTUAL PROPERTY

The membership along with these Terms and Conditions does not grant you any rights to PEAQ’s logo, trademarks, or any other intellectual property associated with its business, techniques, exercise programs, or classes. Any exercise programs specifically designed for you may be used for personal exercise activities only and must not be distributed, sold, or otherwise shared.

5.18 24/7 MEMBERSHIP ACCESS:

Your membership now grants you 24/7 access to the facility. Please refer to the Age Policy section for specific restrictions based on your membership type. By choosing this membership, you acknowledge that access outside of staffed hours will be unsupervised, and no assistance will be available during those times.

5.19 RISK ACKNOWLEDGEMENT:

You warrant and represent to us that you are medically sound and fit to undertake exercise and to use the equipment and facilities at PEAQ.
You acknowledge and agree that you attend PEAQ at your sole risk and responsibility, and that you are fully aware that exercise is physically demanding and could pose a risk to your health if you are not medically sound and fit.
PEAQ will take no responsibility for your personal property, and you acknowledge and agree that you bring any personal property onto our property is at your sole risk and responsibility.
To the extent permitted by law, notwithstanding any other clause, you unconditionally and irrevocably release PEAQ from any liability to you and all and any claims which you have, or which may arise at any future time, including in relation to any personal injury, illness, death, or any loss or damage to any of your personal property.
To the extent permitted by law, notwithstanding any other clause, all implied warranties, guarantees, and terms in connection with these Terms and Conditions are excluded. To the extent permitted by law, the liability of PEAQ for a breach of any implied warranty, guarantee, or term which by law cannot be excluded (including the statutory guarantees under the Australian Consumer Law), is limited at PEAQ’s option, to:

in the case of goods, repair or resupply of equivalent goods or refund any amount paid by the Member to PEAQ in relation to those goods; or

in the case of services, re-performing the relevant services, or refund any amount paid by the Member to PEAQ in relation to those services.

To the extent permitted by law, notwithstanding any other clause, PEAQ excludes any liability to a member (whether under contract, tort, statute, equity, or under any indemnity) for any indirect, special or consequential loss or damage, including any loss of opportunity, loss of profit or revenue, loss under any third party arrangements, or other losses that cannot reasonably be considered to arise naturally from the relevant breach, event, fact, matter or circumstance.
To the extent permitted by law, notwithstanding any other clause, PEAQ’s aggregate maximum liability to the member arising out or in relation to these Terms and Conditions (whether under contract, tort, statute, equity, or under any indemnity) is limited to the fees paid by the Member in the previous 6 months.

You understand that despite PEAQ’s efforts to ensure safe equipment, facilities, and services, PEAQ there are inherent risks involved in using the facilities. These risks include but are not limited to serious injuries or illnesses such as muscle strains, ligament sprains, bone fractures, spinal damage, heart attacks, strokes, permanent disability, death, or psychological illness. You are aware that these may affect my ability to work, participate in activities, and enjoy life. Potential causes of injury include:

Slipping on wet floors
Tripping on equipment
Being struck by weights
Collisions with equipment or other members
Strenuous activities
Incorrect use of equipment or facilities

You acknowledge that these risks are not exhaustive, and other unforeseen risks may also cause injury, illness, death or otherwise harm. You understand that injuries may result from my actions or the actions, omissions, or negligence of others. You accept these risks and assume responsibility for them by participating voluntarily.

5.20 NEGLIGENCE:

You acknowledge the risks of serious injury and, to the fullest extent allowed by law, waive any liability against PEAQ, its employees, volunteers, and Coaches on behalf of yourself, your spouse, heirs, and executors. This waiver applies to any claims arising from injury, illness, or changes in your health (permanent or temporary) due to your use of the facilities or services, including but not limited to equipment use (supervised or unsupervised), change rooms, access ways, car park, and any advice or assistance provided by PEAQ.

5.21 SUPERVISION:

You understand that you may hold a membership at a 24/7 facility that allows access at any time. As such, you are aware that there will be no supervision or assistance except during staffed hours. Staffed hours may change at the sole discretion of PEAQ. You are aware that if you get injured, become unconscious, suffer a stroke or heart attack or any other medical emergency or event that there will likely be no one to respond to your emergency and that PEAQ has no duty to provide assistance to you while you are at the facilities.

You understand that even though the gym is equipped with surveillance cameras, these record, but are not monitored continuously; help will not be available during non-staffed hours. However, a first aid station, DEFIB and emergency alarms are located in the facility that, when activated, will alert emergency services. We highly recommend that if you are in the facility on your own that you utilise one of the portable distress alarms provided by PEAQ at all times in case of emergency. When activated these watches will connect to a security company who will contact 000.

The additional rules below apply to a 24/7 membership:

Only one 24/7 member may enter the gym front door at a time during non-staffed hours
Card sharing is strictly prohibited and will result in immediate loss of membership; card sharing is viewed by ownership as stealing services
Only active account members will be allowed entry

5.22 KID-FRIENDLY:

We are a Kid-friendly community however we do not have a creche or child care services available. Children who are waiting for Parents/Guardians/Sitters are welcome to wait in the front foyer area, but they must not run around the gym floor or interact with any PEAQ equipment. Parents or guardians are responsible for ensuring their children remain supervised and adhere to these guidelines.

This does not include children who are specifically enrolled in a PEAQ program such as;

The PEAQ Academy
PEAQ Members ages 14 and 15 who are supervised
PEAQ Members who are 16 as they are permitted to train alone
Complete Athlete Performance Members
Train with Tobias Members
Whilst under the direct supervision of a coach during a 1:1 coaching session.

However, children enrolled in these programs should have parent supervision up until the start time of each program/session.

PEAQ Team Members have the right to remove Children from the gym floor if deemed unsafe

6. BREACH OF MEMBERSHIP AND TERMS AND CONDITIONS:

In addition to our other rights under this membership Terms and Conditions, we may terminate your membership by written notice to you if you:

Fail to act in accordance with any obligation under this membership Terms and Conditions and, if the failure is capable of remedy, you do not remedy the failure within 14 days of giving you written notice requiring you to do so;
Verbally or physically abuse other members or our staff;
Behave in a way that we consider, acting unreasonably, brings us or PEAQ into disrepute. This includes but is not limited to:

- Inappropriate use of public websites/chat sites; or

- Conduct of illegal activities at PEAQ facilities, including but not limited too theft and prohibited drug use.

- Failure to comply with any or all other policies we may provide from time to time including these Terms and Conditions

7. ADDITIONAL SERVICES:

PEAQ may offer additional services that are not included in your membership and must be purchased separately (“Additional Services”). These services are subject to separate terms, including fees, which will be communicated to you. Additional Services are non-transferable between members.

Unless stated otherwise, cancellations for Additional Services with less than 12 hours' notice or non-attendance will result in forfeiture. Cancellations must be notified directly to PEAQ.

Arriving more than 15 minutes late may result in the session or consultation being cancelled and forfeited. Additional Services expire with your membership and are non-refundable. Written notice is required to cancel services paid via direct debit, the length of such at PEAQ discretion.

8. COMPLAINTS:

If you wish to raise any concerns or complaints regarding your services or facilities, you should first address it with your PEAQ Gym Manager. We will acknowledge receipt of your concern within 5-7 days. You can Email: info@peaq.com.au

9. CHANGES TO;

MEMBERSHIP AGREEMENTS
OUR SERVICES
FACILITY

You acknowledge that we may in our sole discretion from time to time alter;

Our opening hours, group fitness timetable, facilities, items of equipment or any of the products and services we offer or supply; or
Our Price list and your membership fees that apply after the Minimum Term; or
Our Policies or rules (such as our Privacy Policy or Group Fitness Policy).

We will display the proposed change(s) at the facilities or on our website at least 14 days before the change. If we need to close temporarily for any reason, including but not limited to, renovation and/or building repairs and maintenance, we will place your membership on hold where the closure is greater than 14 days duration. You acknowledge that eligibility for compensation for this will be issued at our sole discretion.

10. PERMANENT SICKNESS OR PHYSICAL INCAPACITY:

After your minimum term contract or by giving 14 days written notice and paying the dissolution fee, you may cancel your membership due to a permanent sickness or physical incapacity if you cannot exercise for a period of 6 months or longer provided that you give us:

Written notice of cancellation;
Providing a declaration from your medical practitioner, or a medical certificate stating that you cannot use our services because of your permanent sickness of physical incapacity; and
Any other supporting documentation to our reasonable satisfaction.

If we are satisfied that you are entitled to cancel your membership due to permanent sickness or physical incapacity, we will cancel your membership with immediate effect.

11. DIRECT DEBITS AND EZIDEBIT:

By nominating to pay via direct debit in your membership details:

You may cancel your membership in writing by email or by postal address to us after your 6 month minimum term contract or by paying the dissolution fee. You must retain a copy of your cancellation notice.
Authorise us to deduct from your nominated account all fees and other charges for which you may be responsible under this membership agreement; and
Acknowledge and agree that you have read the Direct Debit Request Agreement (DDRS agreement) and agree the terms and conditions governing the debit arrangements between you and us set out in those documents.

For your Membership with PEAQ;

Membership fees are paid in advance. Debits will continue according to this agreement, regardless of facility usage.
Ensure your banking details are current. If they change, provide written notice 14 days before your next debit.
If a debit fails due to outdated details or insufficient funds, a $8.00 rejection fee applies from PEAQ . We will try to contact you and recover the payment and fee before the next debit. If unsuccessful, the amount will be added to your next scheduled debit.
EziDebit’s Dishonour Fee for a missed payment is $21.90

Ezidebit Pty Ltd (ABN 67 096 902 813, Authorised Representative No. 320082) is an Authorised Representative of Ezi Management Pty Ltd (ABN 47 110 689 711), who is the holder of Australian Financial Services Licence No. 315388.Ezi Management Pty Ltd is a wholly owned subsidiary of Ezidebit. All financial products and services (Services) will be provided by Ezidebit,on Ezi Management Pty Ltd's behalf. Ezi Management Pty Ltd has authorised the distribution of this FSG.You can give us instructions by using the contact details set out in this FSG. Details of how to instruct us when using the services are set out in the PDS.

Debits that are unsuccessful may be transferred to one of our preferred debt collection agencies for collection. We reserve the right to cancel your membership and you will be responsible for the payment of outstanding membership direct debits, bank fees and cancellation charges. You will also be responsible for and pay us for all costs incurred by us in any attempt to collect monies owed by you to us under this Agreement including debt collection agent costs, repossession costs, location search costs, process server costs and solicitor costs on a solicitor/client basis.

As a result of referral to our external collection agency, the details of your outstanding debt may be listed with a credit bureau. In the event payments fall into arrears beyond 60 days of the original due date, upon failure to confirm receipt of the remaining balance in full, we reserve the right to report default for the remaining balance to a Credit Reporting Bureau. Such a default listing would remain on your personal credit file for up to five years, potentially inhibiting your ability to obtain future credit from other credit providers.

Should your membership be cancelled by us because of unsuccessful payments, and you wish to re-join you must pay all outstanding fees out in full. At our discretion, you may be required to pay a joining fee before you are permitted to re-join as a member of the PEAQ.

Once periodic debit payments are initiated as per this membership agreement, no notice of the debits will be issued to you. Receipts for direct debit payments made will be provided on request for periods of six months only.

Definitions & Interpretation

You hereby authorise Ezidebit Pty Ltd ACN 096 902 813 (Direct Debit User ID number 165969, 303909, 301203, 234040, 234072, 428198) (herein referred to as "Ezidebit") to make periodic debits on behalf of the "Business" as indicated on the attached Direct Debit Request (herein referred to as "the Business").

You acknowledge that Ezidebit is acting as a Direct Debit Agent for the Business and that Ezidebit does not provide any goods or services (other than the direct debit collection services to me/us for the Business pursuant to the Direct Debit Request and this DDR Service Agreement) and has no express or implied liability in regards to the goods and services provided by the Business or the terms and conditions of any agreement that You have with the Business.

You acknowledge that the debit amount will be debited from your account according to the terms and conditions of your agreement with the Business and the terms and conditions of the Direct Debit Request (and specifically the Debit Arrangement and the Fees/Charges detailed in the Direct Debit Request) and this DDR Service Agreement.

You acknowledge that bank account and/or credit card details have been verified against a recent bank statement to ensure accuracy of the details provided and you will contact your financial institution if you are uncertain of the accuracy of these details.

You acknowledge that is your responsibility to ensure that there are sufficient cleared funds in the nominated account by the due date to enable the direct debit to be honoured on the debit date. Direct debits normally occur overnight, however transactions can take up to three (3) business days depending on the financial institution. Accordingly, you acknowledge and agree that sufficient funds will remain in the nominated account until the direct debit amount has been debited from the account and that if there are insufficient funds available, you agree that Ezidebit will not be held responsible for any fees and charges that may be charged by either you or its financial institution.

You acknowledge that there may be a delay in processing the debit if:-

(1) there is a public or bank holiday on the day of the debit, or any day after the debit date;

(2) a payment request is received by Ezidebit on a day that is not a banking business day in Queensland;

(3) a payment request is received after normal Ezidebit cut off times, being 3:00pm Queensland time, Monday to Friday.

Any payments that fall due on any of the above will be processed on the next business day.

You authorise Ezidebit to vary the amount of the payments from time to time as may be agreed by you and the Business as provided for within your agreement with the Business. You authorise Ezidebit to vary the amount of the payments upon receiving instructions from the Business of the agreed variations. You do not require Ezidebit to notify you of such variations to the debit amount.

You acknowledge that Ezidebit is to provide at least 14 days' notice if it proposes to vary any of the terms and conditions of the Direct Debit Request or this DDR Service Agreement including varying any of the terms of the debit arrangements between us.

You acknowledge that you will contact the Business if you wish to alter or defer any of the debit arrangements.

You acknowledge that any request by you to stop or cancel the debit arrangements will be directed to the Business.

You acknowledge that any disputed debit payments will be directed to the Business and/or Ezidebit. If no resolution is forthcoming, you agree to contact your financial institution.

You acknowledge that if a debit is returned by your financial institution as unpaid, a failed payment fee may be payable by you to Ezidebit. Where a failed payment fee is applicable, the amount will be as detailed in the Debit Arrangement of the Direct Debit Request. You will also be responsible for any fees and charges applied by your financial institution for each unsuccessful debit attempt together with any collection fees, including but not limited to any solicitor fees and/or collection agent fee as may be incurred by Ezidebit.

You authorise Ezidebit to attempt to re-process any unsuccessful payments as advised by the Business.

You acknowledge that certain fees and charges (including setup, variation, SMS or processing fees) may apply to the Direct Debit Request and may be payable to Ezidebit and subject to your agreement with the Business agree to pay those fees and charges to Ezidebit.

Credit Card Payments

You acknowledge that "Ezidebit" will appear as the merchant for all payments from your credit card. You acknowledge and agree that Ezidebit will not be held liable for any disputed transactions resulting in the non supply of goods and/or services and that all disputes will be directed to the Business as Ezidebit is acting only as a Direct Debit Agent for the Business.

You acknowledge that Credit Card Fees are a minimum of the Transaction Fee or the Credit Card Fee, whichever is greater as detailed on the Direct Debit Request

You appoint Ezidebit as your exclusive agent with regard to the control, management and protection of your personal information (relating to the Business and contained in this DDR Service Agreement).

You irrevocably authorise Ezidebit to take all necessary action (which Ezidebit deems necessary) to protect and/or correct, if required, your personal information, including (but not limited to) correcting account numbers and providing such information to relevant third parties and otherwise disclosing or allowing access to my/our personal information to third parties in accordance with the Ezidebit Privacy Policy.

Other than as provided in this Agreement or the Ezidebit Privacy Policy, Ezidebit will keep your information about your nominated account at the financial institution private and confidential unless this information is required to investigate a claim made relating to an alleged incorrect or wrongful debit, to be referred to a debt collection agency for the purposes of debt collection or as otherwise required or permitted by law. Ezidebit's Privacy Policy can be found at http://www.ezidebit.com/au/privacy-policy/

You hereby irrevocably authorise, direct and instruct any third party who holds/stores my/our personal information (relating to the Business and contained in this DDR Service Agreement) to release and provide such information to Ezidebit on your written request.

You authorise:

a) Ezidebit to verify and/or correct, if necessary, details of my/our account with your financial institution; and

b) your financial institution to release information allowing Ezidebit to verify your account details.

Ezidebit AU Direct Debit Request (DDR) Service Agreement (Version 1.12)

Please print and retain for your records. This Direct Debit Request Service Agreement (Agreement) forms part of the Terms and Conditions of your Direct Debit Request (DDR).

Debiting Your Account

By agreeing to the DDR you authorise Ezidebit Pty Ltd ACN 096 902 813 (Direct Debit User ID number 342190, 342191, 428198) (referred to as Ezidebit) to make debits to your nominated account.
The debit will be processed on the next business day after the direct debit date if:

- A payment request is received by Ezidebit after Ezidebit’s usual cut off time, being 3:00pm Qld time, Monday to Friday;

- There is a public or bank holiday on the day when the debit transaction is due to be processed or on any of the following days until the debit is processed.

You authorise Ezidebit to attempt to re-debit any unsuccessful payments. You will also be responsible for any fees and charges applied by your financial institution for each unsuccessful debit attempt together with any collection fees, including but not limited to any solicitor fees and/or collection agent fee as may be incurred by Ezidebit.
Ezidebit may charge you certain fees (including setup, variation, SMS or processing fees) where applicable under your debit arrangement.

Your Responsibilities

It is your responsibility to:

Ensure that your nominated account can accept direct debits;
Ensure that the details on the DDR are correct, and the bank account has been verified against a recent bank statement;
Ensure that all authorised signatories nominated on the financial institution account to be debited authorise the DDR;
Ensure that there are sufficient cleared funds in the nominated account, as a failed payment fee may be charged by Ezidebit if a debit is returned by your financial institution as unpaid;
Advise immediately if the nominated account is transferred or closed or your account details change;
Arrange a suitable payment method if Ezidebit or the Business cancels the drawing arrangements.

Cancelling or Changing Direct Debits

Subject to the terms and conditions of your agreement with the Business, you may cancel, alter or defer the debit arrangement by contacting the Business a reasonable time before the date that the drawing is to be made.
You authorised Ezidebit to vary the amount of the payments from time to time upon receiving instructions from the Business of a variation provided for within your agreement with the Business. In all other cases, changes to the amounts or dates of a series of direct debits require 14 days’ prior notice.
If you believe that there has been an error in debiting your account, you should notify the Business as soon as possible. The Business will notify you of its determination and the amount of any adjustment that will be made to your nominated account (if any). Upon receiving instructions from the Business, Ezidebit will arrange for your financial institution to adjust your nominated account by the applicable amount (if any). Alternatively, you can also contact your financial institution.
You agree that Ezidebit will not be liable for any disputed transactions resulting from the supply or non-supply of goods and/or services by the Business and that all disputes will be directed to the Business (as Ezidebit is acting only as an agent for the Business).

Confidentiality

We will keep your account details and direct debit records confidential in accordance with Ezidebit’s Privacy Policy, except where the disclosure of certain information to your financial institution is necessary to enable us to act in accordance with your drawing arrangements. We may disclose the information in the event of an alleged incorrect or wrongful debit, in relation to a claim, or otherwise as required by law.

Contact

If you wish to contact Ezidebit about anything relating to this Agreement, you should contact:

Ezidebit

PO Box 3327, Newstead, QLD 4006

Ph: 1300 763 256 Email: support@ezidebit.com.au

https://www.ezidebit.com/en-au/contact

The following Ezidebit fee(s) may be applicable:

Payer Dishonour Fee $21.90

By agreeing to this form, I / We authorise Ezidebit, acting on behalf of the Business, to debit payments from my specified Credit Card above, and I / we acknowledge that Ezi* will appear as the merchant on my credit card statement.

PEAQ Terms and Conditions

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