Terms & Conditions

MEMBERSHIP TERMS AND CONDITIONS

THIS IS AN IMPORTANT DOCUMENT – PLEASE ENSURE THAT YOU READ IT CAREFULLY

1. Our Agreement
This agreement is made between Crunch Australia Pty Ltd ACN 143 776 630 (“Us", "We", "Our" or “Crunch Fitness”) 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 Crunch Fitness 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 are notified to you through signage, handouts, or our website (www.crunch.com.au).

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.

Guest Age Restrictions
- 14 & 15 years can attend as a Guest of only an 18 years or older Summit Member as a guardian. Must be supervised by their guardian at all times when in the gym facilities
- 16 & 17 years can attend as a Guest of any Summit Member.
- 18 years and older attend and obtain a Free Pass, a Casual Visit, ca be a Summit Member’s guest and can attend without a guardian
You understand that the age restrictions are in place for members aged between 14 to 15 years of age. There will be no access to weight based training areas or group exercise classes which include resistance training, unless supervised one on one by a personal trainer. A Parent or Guardian of 18 years of older must be present at all times.

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 Card
Membership cards are not transferable and must be shown and scanned on every visit to gain entry. Photo identification is necessary with a Crunch membership purchase and an ID photo will be taken for the Crunch 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 Crunch Fitness 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 Crunch Fitness under the type of membership (“Membership Type”) and at the club (“Home Club”) stated in your Membership Application Form. Membership Types and their respective access restrictions are:
a) BASE
- Use of gym facilities at Home Club only.
b) PEAK
- Use of gym facilities at Home Club plus Peak classes.
- Access to other Crunch Fitness clubs
c) SUMMIT
- Use of gym facilities at Home Club plus Peak & Summit classes.
- Access to other Crunch Fitness clubs
- Guest Privileges*
Summit members are entitled to bring one Guest per visit. Member and Guest must arrive and depart at the same time. Members are not allowed to bring in Guests once they have registered a swipe to enter the club. Guests must be over the age of 18 & not a current Crunch member. Guests must complete the guest register and show a valid ID upon entry.
You may not transfer your membership to another person. Your membership is personal to you and cannot be used by anyone other than you.

6. Upgrade/Downgrade of Membership Type
There is an administration fee of $10 for all upgrade and downgrade of Membership Type. Members wishing to upgrade, must pay the additional pro-rata for the current billing cycle and last month’s membership. Members downgrading will forfeit the right to last month’s membership at the higher membership. No refund will be provided.

7. Your Fixed Term Agreement
If you choose to pay for this membership in advance you must pay for a minimum period of 12 months in full. This is not refundable, or transferable.

8. Cooling Off Period
After signing your Membership Application Form, you have a seven (7) day period (“Cooling Off Period”) during which you may cancel your membership. Notice must be given in writing. Upon cancellation under this clause, a refund may be applicable depending on your Membership Type and access to the club will be denied. If you choose to cancel your Fixed Term Agreement during the Cooling Off Period, we will refund you your upfront payment less the costs of one month of your total 12 months membership as a reasonable administration fee. 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 Cheque. No Cash refunds will be issued.

9. Termination of Your ‘Pay as You Go’ Membership Agreement
You may terminate your ‘Pay as You Go’ membership by giving us a notice in person at your Home Club. A Termination Form will need to be completed and signed by you. You will receive a copy of this form, keep this for your records. Requests via phone, email or other mediums may not be processed. All termination requests will be processed on the day of submission, however if this falls within 3 days of billing date, your termination will be processed the following business day after billing.

10. Termination on expiry of Your Fixed Term Agreement
If you have a Fixed Term Agreement (paid in full upfront payment), it will terminate automatically upon expiry of the 12-month term.

11. Reasons for Early Termination by you
You are entitled to terminate your membership with immediate effect at any time by providing us with written notice within 30 days of any of the following occurring:
(a) we increase the membership fees as contemplated in clause 19;
(b) we make changes to these Terms and Conditions that significantly reduces the benefits of your Membership.

12. 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 Home Club for any period of time; or
(b) imposes limitations on your access and manner in which you can attend and utilize your Home Club; earlier termination will not be acceptable.

13. Termination by Crunch Fitness
We may terminate your membership immediately by emailing or writing to you at the contact details we have on our records:
(a) If you breach these Terms and Conditions or the Club Rules and you fail to rectify within 14 days of us giving you notice to do so, if the breach is capable of remedy;
(b) If any of the membership fees and dues remain unpaid for 30 days after failing due;
(c) If you have provided us with false details when applying for membership or have not disclosed to us changes to your details or health during your membership as warranted by you in this Agreement; and
(d) If we close your Home Club, we will provide you with the option to transfer to another Crunch Fitness Club. If you do not wish to accept the transfer to another Club or you have not provided us with a written notice that you wish to terminate your Agreement in accordance with clause 11(b), your membership will end on the date your Home Club is closed.

14. Collection of Fees
If your membership is terminated for any of these reasons we may recover any outstanding membership dues and fees and reasonable costs and expenses we incur as a result of your breach, including debt recovery expenses of engaging an external collection agency and legal costs (without limiting any other right or remedy we have).

15. Membership Freeze
If you wish to suspend your membership “Membership Freeze” is available. You may place your membership on freeze for medical, maternity, travel, and military reasons upon the provision of satisfactory supporting documentation. Membership Freezes are available for a minimum of 4 weeks and maximum of 12 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 Crunch Freeze Form, at least seven (7) days prior to the commencement of the freeze period, and Crunch reserves the right to refuse any application for hold at any time. No backdated requests will be approved.
Freeze dates must coincide with pre-existing billing dates. An upfront Freeze Fee of $15/ week is chargeable upon application of your membership freeze. For Pay as You Go memberships, if your Annual Up-Keep Fee is due during your freeze period you will still be debited this amount on its due date.

16. Right of Exclusion
We can refuse entry to Crunch Fitness club, cancel your membership and / or terminate this Agreement without warning or notice for inappropriate, threating or harassing behaviour, damaging equipment or facilities, intoxication or use of illegal or performance enhancing drugs or discrimination in Crunch. You may not conduct, promote, or solicit other business in the Crunch Fitness Club without prior permission of Crunch Fitness management. No refunds will be issued.

17. 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 Due sand Fees is declined by your credit card/bank account a fee of $15 per due payment may be charged by Crunch Fitness 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.
New Base and Peak ‘Pay as you Go’ Membership agreements signed between 25th -31st July will see their membership dues increase by $1 per week from 25th August 2022.

18. ‘Pay as You Go’ Fees
If ‘Pay as you Go’ Membership has been chosen, a pro rata charge for your membership will be made at the time the Membership Application Form is accepted by Crunch Fitness. This charge is based on the number of days between the Membership Start Date and the First Auto Pay Date shown on page one of the Membership Application Form.
An additional $1 per fortnight fee for your ‘Pay as you Go’ Membership is charged for the following benefits:
1) pay as you go processing,
2) no long-term lock-in contract and
3) right to cancel membership at any time by giving 30 days’ notice.
Membership fees will be made fortnightly. In the case of new memberships, your credit card /bank account will be charged/debited the first billing Friday after the Membership Start Date or later date as determined by Crunch Fitness.
Fortnightly ‘Pay as You Go’ Membership Fees are payable in advance.
Annual Up-Keep Fee
Each year, You will be required to pay an annual up-keep fee of $44.90 in addition to your regular fortnight dues for programs, equipment, classes, facility upgrades and maintenance. This fee will be charged on the closest billing day after 90 days from your Agreement date, and annually each year the Membership is in effect.
For multiple memberships, the primary member will be responsible for the payment of Membership fees for all associated Memberships.
If you fail to pay your Membership Dues and/or Fees by the due date, Crunch Fitness reserves the right to refuse entry to any Crunch Fitness Clubs until such outstanding payment is received.

19. 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 details 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 11.
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.

20. Refunds
Except as provided in this Agreement all monies are non-refundable.

21. Liability
In the course of exercising or engaging in any recreational activities which may involve a significant degree of physical extortion or physical risk while using Crunch Fitness Club facilities, you may be injured or killed, and we will not be liable except to the extent caused by our gross negligence as defined under section 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.

Please refer to the warning notice below which we are required to provide you under the Australian Consumer Law and Fair Trading Act 2012 in relation to this limitation of our liability.
Warning under the Australian Consumer Law and Fair Trading Act 2012 (Victorian memberships only)
Under the Australian Consumer Law (ACL), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form (Parties named in Section 1) is required to ensure that the recreational services it supplies to you:
a) are rendered with due care and skill; and
b) are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
c) might reasonably be expected to achieve any result you have made known to the supplier.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. By signing this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 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, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
Recreational activities, means your participation in a sporting activity or a similar leisure time pursuit or your participation in any other activity that involves significant degree of physical exertion or physical risk and is undertaken for the purposes of recreation, enjoyment or leisure.
Without limiting the paragraph above and any other terms which are implied into this Agreement, or by statute in relation to the supply of services which cannot be excluded or limited, we ensure that the services we provide are provided to you with due care and skill, are fit for the purposes for which they are commonly bought as is reasonable to expect in the circumstances, will correspond in the nature and quality with the services demonstrated to you, and are free from defect rendering them unfit for purposes for which our services are commonly acquired. Unless we have breached this obligations we will not be liable for any death, injury, loss, liability or damage that you may incur as a result of the services provided by us to you.

22. Responsibility for Damage caused by you
You are solely responsible for any damage which you may cause to Crunch Fitness, its facilities, services, products or equipment, if such damage is caused by your willful act and / or negligence.

23. Your Health
Exercising and using club facilities may involve risk of injury and you exercise and use the Crunch Fitness club 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 Crunch of any material changes to your health whilst a member and not use Crunch Fitness or any of our facilities, services or products whilst you are suffering from any infections or contagious illness, disease or other ailment or whilst 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.

24. Contractors
Contractors and franchisees may provide services at Crunch Fitness. Fees for such services are paid directly to the contractors and franchisees (these may include, but are not limited to Personal Trainers and Instructors).
We take no responsibility for the services provided by and fees paid to these contractors and franchisees. Any claim which you might have as a result of an act or failure to act by a Crunch Fitness contractor or franchisee (whether or not payment has been made to them). You hereby agree not to hold us liable and you agree to indemnify us and keep us indemnified for any claims suffered by you as a result of negligence by a contractor or franchisee.

25. General Club Use
a) Dress Code - Fully enclosed, clean sports shoes must be worn in all public (non-studio) areas of Crunch Fitness 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.
b) 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.
c) Lockers- Lockers are available and located in Crunch. Please look after your personal items, Crunch employees, or contractors, are not responsible for any loss of personal property. Lockers provided are not security devices and you must supply your own lock. All belongings must be removed from the lockers prior to close of club daily or they will be removed and Crunch Fitness does not take responsibility for loss, damage, or theft of your belongings.
d) 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.

26. Interruption of Services
As a result of repair, maintenance, public holiday, or special occasions, Crunch may be required to restrict the use or temporarily close or halt Crunch club activity 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. Crunch hours of operation may be modified from time to time without prior notice to you. Crunch Fitness 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. Crunch Fitness may from time to time reserve the use of its facilities for special events, competitions and private functions.

27. Schedule and Equipment
Crunch Fitness reserves the right to update, move and/or alter the facilities, equipment and modify the Group Fitness group exercise schedule.

28. Change of Details
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.

29. 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 (www.crunch.com.au).

30. 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 Home Club.

31. 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 massage or posting it on our website.
All use of Crunch Fitness 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.

32. Severability
If any part of this Agreement is or becomes illegal, void or unenforceable, this does not invalidate the rest of this Agreement.