Terms & Conditions
In conjunction with this agreement ‘you must watch this video here’.
Once complete the video continue on with this form, check the boxes and sign to be granted access to Viva Fitness 24/7.
Viva Fitness 24/7 Terms and Conditions
***PLEASE NOTE – If you have money owing on your account your 24/7 FOB will not work. Arrangements can be made by calling 83535533 during staffed hours***
1.Health
All members must complete a Physical Activity Readiness Questionnaire (PARQ) before taking part in an induction and using the gym. These terms and conditions must be signed along with the (PARQ) before entry is allowed.
1.1 By signing this Agreement you represent that you are in good physical condition and have no impairment that might prevent you from using the equipment. You repeat this representation each time that you use our facilities. If unsure, you should not use the facilities and services.
1.2 Viva Fitness staff are not medically trained and cannot assess whether you are in good physical condition. We strongly advise you take expert advice prior to commencing your membership or prior to commencing a new exercise program. Please monitor your physical condition at all times and exercise to a level that is appropriate to your health and any medical advice you have obtained.
1.3 You shall not use the club facilities whilst suffering from any infections or contagious illness, disease or other ailment or whilst suffering from any physical ailment such as open cuts or sores or minor infections where there is a risk, however small, to other members.
2. Fees
2.1 This contract is used in conjunction with the Viva Fitness member schedule and does not take its place. Members continue to pay as per their membership contract states. However, if paying less than $19.95 weekly, $86.90 monthly or $749 annually a $1 per week fee will be added to membership fees to use this area.
2.2 Access cards will incur a fee of $79.
2.3 A member will be charged a $29.00 fee if their Access Pass is damaged or lost and requires replacement.
2.4 Viva reserves the right, at any time, to change the Membership Fees charged to members for use of the Club facilities. Viva Fitness agrees to post these changes at the club and to provide you with Written Notice of the changes. The changes will take effect 30 days after the Written Notice has deemed to be been received by you. At the end of the 30 day period, you authorise Viva Fitness and/or the Payment Provider to debit the new amount to your account.
3. Access by Non-Members
3.1 No member is permitted to bring a non-member into the Club in non-staffed hours.
3.2 If a member breaches clause 3.1 of this Agreement, the member acknowledges that:
(i) they accept responsibility and liability on their personal behalf for any injury, loss or damage attributed to the non-member whether or not caused through the negligence of Viva;
(ii) the act of bringing a non-member into the Club constitutes automatic acceptance by the member of a new membership for the non-member. The Club Access amount, in addition to the DD Membership Fee, will be charged to the member in the following ways:
(1) for a member who holds a Direct Debit Membership, this amount will be deducted from their nominated bank account; and
(2) for a member who pays in full, the member will receive an invoice for this amount;
(iii) payment of the amount in accordance with the clause above will entitle the non-member to use the Club for one fortnight;
(iv) in order for the non-member to take advantage of the new membership, they will need to attend the relevant Club and comply with all of the obligations that all new members are required to comply with pursuant to this Agreement; and
(v) Viva reserves the right to terminate the membership of the member who brings a non-member into the Club.
4. Cancellation:
4.1 We may cancel your membership without any warning or notice for serious inappropriate behaviour that is threatening or harassing, and includes damaging equipment in the club and perceived risks, including but not limited to, the use of illegal or performance enhancing drugs.
4.2 You are liable for all financial obligations until the date of termination, whether it be by notice or immediate.
5. Minimum Age
(5.1) All members of Viva must be a minimum of 14 years of age. All minors must have a parent or guardian agree and sign this agreement and Viva Fitness waiver.
Minors aged between 14-15 years of age must comply with the following restrictions:
i.access to the Club stated on this Membership Form;
ii.access to the Club can only be during Staffed Hours;
iii.a pre-exercise questionnaire must be completed by the parent or guardian prior to the commencement of exercise; and
iv.a suitably qualified personal trainer to undertake a pre-exercise assessment and then provide an exercise program for the Minor prior to the commencement of exercise.
v.The club has the right to refuse if believes the member is at risk of harming themselves and/or others.
Minors aged 16 years of age must comply with the following restrictions:
i.Your parent must sign and give you consent on this agreement and the membership agreement
ii.a pre-exercise questionnaire must be completed by the parent or guardian prior to the commencement of exercise; and
iii.a suitably qualified personal trainer to undertake a pre-exercise assessment and then provide an exercise program for the Minor prior to the commencement of exercise.
iv.The club has the right to refuse if believes the member is at risk of harming themselves and/or others.
6. Image
You understand that photos, videos and films are sometimes taken of members for advertising and promotional purposes. By signing this agreement, you agree to allow your image and/or recording to be used for any legitimate purpose and you assign your rights in any of these materials to Viva Fitness group Pty Ltd.
7. Orientation and Video Orientation
7.1 It is a condition of this agreement that you participate in a scheduled member orientation program.
7.2 It is a condition of this agreement, in conjunction with 7.1, that you have watched and understand the 24/7 member orientation video.
8. Security
8.1 24 Hour CCTV
Viva Fitness have CCTV security cameras recording 24 hours a day (except in bathrooms). This system is used for security purposes but does not guarantee against physical harm.
8.2 Emergencies
(a) Clubs have panic buttons and security lanyards for safety and security reasons and to alert a security company in emergencies. If you are threatened or need medical help you are advised to use such panic alarms. By accepting this agreement you understand how emergency apparatus works and agree to use it only in an emergency.
(b) If you deliberately use emergency apparatus inappropriately, you agree to pay for any costs, loss or damages incurred because of this inappropriate use.
8.3 Be Aware and Cautious
You must be aware and proceed cautiously when entering and leaving the club. When using the club you must wear security lanyards when exercising alone or outside staffed hours.
8.4 Following Directions
You agree to follow any reasonable direction of a member of club staff relating to health, safety or security or related matters
9. Liability for Property
9.1 Viva is not liable to you for any personal property that is damaged, lost, or stolen while on or around the club including, but not limited to, a vehicle or its contents or any property left in a locker.
9.2 If you cause damage to the club or any equipment you are liable to Viva for its cost of repair or replacement.
10. Risk Warning
10.1 Viva warns that as you are on our premises, you are at risk of suffering physical harm or personal injury. These injuries may occur from you:
i.Using equipment incorrectly;
ii.being hit by weights;
iii.colliding with equipment, or other members;
iv.taking part in strenuous exercise and activities.
v.Slipping and falling
10.2 You acknowledge that any such injury may result not only from your actions but from the action, omission or negligence of others.
10.3 You acknowledge that there are other unknown or anticipated risks that may result in injury, illness or death other than the above mentioned potential causes of injuries.
10.4Viva Fitness will not accept any liability for any claim for negligence if an induction has not been carried out by qualified gym staff.
10.5 You acknowledge that whilst every attempt is made to ensure that the club facilities and services provided by Viva Fitness are safe, there are some significant and inherent risks involved, and you agree that you are participating voluntarily at your own risk. Therefore, exposing yourself to certain risks.
11. Club Rules
Club rules apply to everyone using the club and are highlighted in the membership agreements. If you break club rules we reserve the right to pause or cancel the membership. If your misuse of Viva fitness causes costs to us, our facility or other members/ persons involved you agree to pay for such costs.
11.1 Inappropriate Behaviour
If you behave in an Inappropriate manner which poses safety risks to others or could damage equipment, facilities or others, action will be taken. If your behaviour causes costs to us, our facility or other members/ persons involved you agree to pay for such costs.
11.2 Proper Use of Equipment
(a) You agree to take proper use of equipment safely and appropriately.
(b) You agree to use a hand towel when in contact with your physical body and club equipment including but not limited to; benches, machines and flooring.
(c) You agree to wipe over equipment at end of each physical use with wipes provided.
11.3 Commercial Activity
You acknowledge that providing any business activities at Viva Fitness is prohibited unless permission has been granted.
12. Changes To Your Agreement
We may sometimes make changes to this agreement and our club rules. We will provide 30 days notice in writing via the club noticeboard, facebook ‘viva fitness family’ group and possibly in email.
13. Agreement
I/we have read through this Agreement in full and understand my/our obligations under it.
By signing online below, I/we agree to be bound by the provisions of this Agreement.
