TERMS & CONDITIONS
Terms & Conditions - Effective 15th January 2025
Hype Gym Pty Ltd (ACN 649 853 627)
TERMS AND CONDITIONS
The following are important provisions. They set out the terms and conditions upon which a membership of Hype Gym is taken up and maintained and they outline the rights, obligations and responsibilities of membership. By ticking the box at the end of the provisions, you agree that the entirety of the Terms and Conditions are incorporated into the Membership agreement between you and Hype Gym.
1. Definitions
1.1. “GST” means any goods and services tax
1.2. “Gym” is the Hype Gym facility at Unit 7/ 1 Stanton Place, Cambridge in Tasmania, 7170
1.3. “Hype Gym” is the trade name used by Hype Gym Pty Ltd (ACN 649 853 627), which company will hereinafter be referred to as “the Company”.
1.4. “Member” and “You” is a reference to the individual who is applying for membership of Hype Gym
1.5. “Membership” is the contract between the Member and Hype Gym
1.6. “Terms and Conditions” that which is comprised in Clauses 1 to Clause 15 inclusive of this document
2. General
The Member acknowledges and agrees that in submitting and making a Membership application the Member agrees to be bound by the Terms and Conditions. A Member must be 18 years or older at the time of signing, and not under any other legal disability. The Member acknowledges and warrants to the best of his/her knowledge, that all of the information the Member has supplied to Hype Gym in respect of the Membership application is true and correct.
3. General Conditions of Entry
3.1. To ensure Hype Gym is able to provide a high level of service in a safe, healthy and pleasant environment for all, a Member must comply with the following conditions:
3.1.1. whilst in the Gym, not to use or utter abusive or offensive language or to exhibit any behavior which is threatening to other persons within the Gym
3.1.2. not enter into the Gym under the influence of drugs or alcohol
3.1.3. no smoking is permitted inside the Gym or in the near vicinity of its front entrance doors
3.1.4. each Member must bring their own sweat towels and drink bottles, which must be appropriately used at all times
3.1.5. all equipment must be wiped down after use using the cleaning wipes provided
3.1.6. weights and benches must be returned to their correct place and position after use by a Member
3.1.7. correct training attire and footwear must be worn inside the Gym. No jeans, work clothes, boots, sandals, thongs, or clothing that is likely to cause offense to others, is permitted
3.1.8. always treat the facility and equipment with care, and the staff of any broken or damaged equipment or facilities
3.1.9.To respect the health and safety of all members and staff, if you are feeling unwell, please cancel your session
3.1.10. Children are welcome to all classes but must always remain in the “Kids” area and are the sole responsibility of the parent or guardian. Hype Gym accepts no responsibility for their care whilst in the Gym.
4. Personal Items
4.1. All personal items, including bags, must be placed in the shelves provided near the sled track inside the Gym.
4.2. All items stored in the shelves provided are at the Members risk and Hype Gym does not accept any responsibility for items lost, damaged or stolen
4.3. Under no circumstances are bags to be taken onto areas dedicated for exercise
4.4. You must not bring into the Gym, any hazardous items including flammable goods, gas cylinders, acids, poisons, paints, lithium batteries, bleaches, sharp objects.
5. Damage to Hype Gym
5.1. Any Member who willfully or through their negligence, damages property of Hype Gym, will pay for the reasonable cost of repair. Members are also responsible for damages caused by a person who is not a Member, who enters the Gym with the assistance of a Member
6. Safety, Maintenance and Service Demand
Hype Gym may from time to time as reasonably necessary;
6.1. close off any part of the Gym or isolate any piece of equipment for maintenance or safety reasons
6.2. change its opening or closing hours and
6.3. vary the Terms and Conditions. Where this occurs, Hype Gym will provide reasonable notice on the Hype Gym website (www.hypegym.com.au)
7. Breach of Terms and Conditions
Your Membership is conditional on your compliance with the Terms and Conditions, particularly including the prompt payment of all fees and charges arising under your Membership. Any breach of these Terms and Conditions may result in the Company, at its sole and unfettered discretion, suspending or cancelling your Membership without warning or notice.
7.1. If your Membership is suspended or cancelled, you must pay all your Membership Fees up to date of the suspension or cancellation, along with any other applicable fees and or charges
7.2. You also agree to indemnify Hype Gym in respect of its costs and expenses including legal costs, incurred by it enforcing its rights under the Membership agreement
8. Privacy
8.1. A Members “personal information” (as that term defined in the Privacy Act 1988 (Cth)) will only be used by Hype Gym or the Company, to provide you with the services contemplated by the DDR and the Membership
8.2. Unless you indicate to the contrary, you agree that Hype Gym may use your personal information for internal marketing purposes. Hype Gym may also use your information to develop marketing lists and other programs for internal use only so that we can offer you goods or services by email, telephone, or SMS. If you do not want to be contacted in this manner, please notify Hype Gym via email (admin@hypegym.com.au)
9. Amendment of Terms and Conditions
9.1. The Terms and Conditions may be amended by the Company from time to time. The most recent version will be accessible at www.hypegym.com.au
9.2. The Member is responsible for advising Hype Gym of any changes of name, address, other contact details, payment details and changes in the information provided to us via the PT Minder App
10. Fit for Exercise
10.1. You must not undertake exercise within the Gym;
10.1.1. if you have not completed the Medical Waiver on the PT Minder App
10.1.2. unless you reasonably believe based on reasonable ground known to you, that you are fit and able to undertake active exercise
10.1.3. that is contrary to advice given to you from a doctor, medical professional or from advisory papers provided with any medicines you are taking; or
10.1.4. whilst you are carrying an injury or have reasonable grounds to suspect you are carrying an injury
10.2. You agree to use the Gym, and associated products and services with due care and reasonable skill and on the specific condition that if you have any difficulty using any equipment, that you will cease using that equipment
10.3. Should you injure yourself, or get hurt while utilising the Gym’s facilities, products and/or services, you will immediately cease exercise. It is a condition of entry into and use of the Gym that you must take full responsibility for your actions, to exercise within your strength and conditioning and that you indemnify us against any costs, losses or damages we may suffer in relation to your actions or injury whilst attending the Gym.
11. Acknowledge and Assumptions of Risk
You understand and acknowledge that;
11.1.1. when you visit Hype Gym or participate in any activity associated with the Gym, that you are doing so at your own risk.
11.1.2. the risk of injury from using equipment at the Gym is significant and may include permanent paralysis or death and you knowingly and freely assume all such risks
11.1.3. Hype Gym purchases or leases its fitness and exercise equipment from third parties and are providing recreational services and may not be held liable for defective products or equipment
11.1.4. in so far as it is permissible under Australian Consumer Law, you will not not hold Hype Gym, its staff, its agents, its contractors, and associates, liable for any personal injury, damage to or loss of personal property howsoever arising.
11.1.5. whilst at the Gym, you will at t times be unsupervised and you assume all risks associated with using any fitness and exercise equipment and exercising alone without the aid and presence of any staff of Hype Gym
11.1.6. Hype Gym has the right to cancel or suspend at the Company’s sole and absolute discretion, your Membership and exclude you from the Gym (in each case, temporarily or permanently at our sole and absolute discretion) if you do not behave in an orderly manner, are under the influence of alcohol or drugs, are abusive to staff of Hype Gym and other members, use equipment improperly, dangerously or in a way that may lead to personal injury (whether to you or others) or you cause property damage of any kind or do not adhere to any Terms and Conditions; and
11.1.7. by becoming a Member, you understand that Membership is legally binding whether your use is limited to one visit (casual) or you are on a Membership package
12. Assignment of Membership
Hype Gym may assign or novate your Membership to a third party without your consent.
If the Company assigns your Membership, you will be provided with a 28 days written notice.
Any assignment of your Membership does not void the terms of your Membership
13. Membership General
13.1. For fixed Term or periodic Membership, your Membership commences on the Start Date
13.2. Before commencing exercise at the Gym, you will be required to complete a pre-screen exercise form. In completing that form, you represent that;
13.2.1. the information you provide us is accurate and complete in all material respects
13.2.2. based on actual grounds know to you and
13.2.3. you have not received advice that would indicate to a reasonable person, that there are grounds to suspect any information you have given to us is not accurate or complete in all material respects.
13.3. You must complete a Direct Debit Authority (DDA) when submitting your Membership Application;
13.3.1. by signing and submitting the DDA, you authorise us to debit all Membership Fees and any other fees that may be outstanding from the nominated account or credit card via installments in advance.
13.3.2. you agree that it is your responsibility to have sufficient credit in the nominated account/s so that payment is made to us on time and in full at the time the payment is processed.
13.3.3. a Direct debit decline fee will apply should payment be declined.
13.4. All Membership fees are inclusive of any applicable GST
13.5. You may change your Membership by notice to us through the PT Minder App
13.5.1. If you are a direct debit Member You can pause your Membership at any time within a 12 month period, for a period of four (4) weeks, with one (1) weeks written notice via email to admin@hypegym.com.au. Any pause may incur an Administration Fee and is conditional upon all Member fees being up to date.
13.5.2. All Member fees must be up to date
13.6. If you are unable to use the Gym’s facilities due to physical or mental incapacity, you may suspend your Membership for up to 3 months, within any 12 months period, with notice through the PT Minder App and accompanied by a medical certificate.
13.7. If you are unable to use the Gym by reason of permanent physical or mental incapacity, you may cancel your Membership via the PT Minder App and email a medical certificate to admin@hypegym.com.au. If:
13.7.1. your Membership plan is fixed and paid in full, you will be entitled to a refund of any unused prepaid amount less the Administration fee.
13.7.2. your Membership Plan is Fixed Term (payable by installments) we will put a stop to the direct debit payments as soon as possible after notice is received, but you will be required to pay the Membership Fees to the date of notification, plus an Administration Fee; or
13.7.3. the Membership Plan is a Periodic Membership, we will put a stop to the direct debit payments as soon as possible after notice is received through the PT Minder App, but allowing us to deduct your Membership Fees to the date of notification, plus any Administration Fee.
13.8. The Gym will be closed on all Public holidays and will run a reduced timetable over the Christmas and New Year period and Easter holidays
13.9. The Company may increase all membership packages and fees with 30 days’ notice in writing.
14. Membership Packages
A Membership application must be completed for all packages. Membership packages and pricing are displayed when you sign up for Membership to Hype Gym using the PT Minder App and are displayed on the Hype Gym website (www.hypegym.com.au). The following packages are available and subject to Hype Gym’s Terms and Conditions:
14.1. Casual Drop-In Day Membership
If you are visiting Hobart and want to work out, we offer a casual daily Membership payable in advance. There are no refunds if you do not use this package.
14.2. Casual Weekly Membership
If you are coming to visit friends or family, we provide a Casual Weekly Membership for seven (7) days payable in advance. There will be no refunds and the Membership is not transferable.
14.3. 10 Class Pass
This Membership allows you to use the Gym for 10 classes as and when you would like over a 10-week period. This Membership is payable in advance and is non-refundable or transferable and cannot be paused.
14.4. Direct Debit - Weekly Membership – (2 Sessions per Week)
This Membership allows you 2 sessions per week, locked in for 8 weeks. This Membership is payable in advance and is non-refundable if cancelled within the first eight (8) weeks. Membership is not transferable but can be paused for up to four (4) weeks at any one time within a 12-month period.
14.5. Direct Debit - Weekly Membership- (Unlimited Training per week)
This Membership allows unlimited sessions per week, locked in for eight (8) weeks. This Membership is payable in advance and is non-refundable if cancelled within the first eight (8) weeks. transferable. Membership is not transferable but can be paused for up to four (4) weeks at any one time within a 12-month period.
14.6. 3 Months - Upfront Membership
Our 3 Month Membership gives you unlimited training per week and is payable in advance. There are no refunds on cancellation unless on medical grounds at the Companies sole discretion as per Clause 13.8. Membership is not transferable and cannot be paused.
14.7. 6 Months – Upfront Membership
Our 6 Month Membership gives you unlimited training per week and is payable in advance. There are no refunds on cancellation unless on medical grounds at the Companies sole discretion as per Clause 13.8. Membership is not transferable and cannot be paused.
14.8. 12 Months – Upfront Membership
Our 12 Month Membership gives you unlimited training per week and is payable in advance. There are no refunds on cancellation unless on medical grounds at the Companies sole discretion as per Clause 13.8. Membership is not transferable and cannot be paused.
**New Member Intro Offer – 7 Days Unlimited Training – FREE**
15. Fees and Charges
15.1. Administration Fee - $9.95