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Muscle Up Health And Performance Clubs Terms and Conditions

This page includes both General and Promotional Terms and Conditions. Except for what is outlined in the specific Promotional Terms and Conditions, General Terms and Conditions will apply. For any previous terms and conditions, please contact your nearest Muscle Up Health And Performance Club.

Terms & Conditions

Welcome to Muscle Up Health And Performance Clubs. To ensure that Muscle Up Health And Performance is able to provide a safe and comfortable environment for all members and staff, please assist us by complying with the following conditions. We advise you to only sign this Agreement if you understand and agree to abide with these conditions. The information outlined in these terms and conditions can and will be used in the event of a discrepancy.

1. Introduction

  • You are agreeing to abide by your obligations;
  • You are medically sound to undertake a normal course of exercise, you use the Club facilities at your sole risk and responsibility and you are aware that exercise is physically demanding and participation in some activities offered by Muscle Up Health And Performance may pose a risk to your health.
  • This Agreement also relates to your authority to Debitsuccess Pty Ltd or other debiting agent nominated by Muscle Up Health And Performance from time to time to direct debit your nominated bank account or credit card for any instalments or fees due under the terms and conditions of this Agreement and Direct Debit Request. These terms and conditions are set out in this Agreement and can also be accessed on the website. As a member, you can use our Club in line with these terms and conditions, including the Club code.
  • This Agreement also relates to paid in full memberships, where receipt of purchase is taken as your acknowledgment of this contract. Please note that your start date commences from the date payment is received in full and ends in accordance with the selected period of time.

2. Definitions

  • Muscle Up, Muscle Up Health And Performance Clubs, We, Us, Our: Muscle Up Health And Performance Pty Limited. ABN 59 120 953 200 128 Best Street, Devonport, TAS, 7310
  • You, Your, Member: You, Your, Member refers to the name in which the membership has been created, which at times may differ to the party paying for the membership, and includes the parent or guardian of the Member if the Member is under 18 years.
  • Club: Refers to any Muscle Up Health And Performance Club your membership entitles you to visit.
  • Home Club: The Muscle Up Health And Performance club where you joined. Your Home Club is named on your Agreement.
  • Agreement: This is the Agreement between Muscle Up Health And Performance Clubs and you, under which you will become a member of Muscle Up.
  • Minimum Term: The term specified in the Agreement form.
  • Code: Code for operating equipment, opening hours and behaviour in the Club, specified in these terms and conditions, and in Club signs and handouts.
  • Debitsuccess: “DebitSuccess” is DebitSuccess Pty Ltd, PO Box 577, Mt Waverley, Vic, 3149. Phone: 1800 148 848. E-mail: customerservice@debitsuccess.com or other debiting agent nominated by Muscle Up from time to time.
  • Website: “Website” means the Muscle Up website at www. Muscleuphealthandperformance.com.au or such other website as notified to Members from time to time.
  • Free Time: “Free Time” means that period of your membership contract in which you are not required to pay membership fees but have your usual Club access rights.
  • Corporate Partners: A company who holds a partnership agreement with Muscle Up and agrees to subsidise a portion of the full membership fees for its employees/members.
  • Supply Period: The supply period for an ongoing or fixed term agreement is the Minimum Term.

3. Memberships Available

This section constitutes an Agreement summary for understanding our membership options: We note that this Agreement is subject to a cooling-off period; under which you may end the Agreement at any time within 7 days including the day on which the Agreement is signed.

*Note: Some membership options are not available at all clubs.

Understanding our membership options: Membership Commitment

Upfront memberships: Single session casual pass, 1 week, 2 week, 1 month, 3 month, 6 month, 12 month and 18 month paid in full (PIF). All memberships must be PIF prior to accessing the facility. Single session, 1 week, 2 week and 1 month memberships are limited to use at just one facility.

All club memberships take precedence over ‘Fitness Passport’ corporate memberships, therefore you must complete the minimum term of your exiting club membership prior to changing to corporate membership alternatives.

Note: Some membership options are not available at all clubs. All Agreement fees include goods and services tax (GST). Your fees will change in line with any government GST rate changes, even if you are within your Minimum Term.

4. Queries

  • All queries and comments about the services provided under this Agreement should be directed to the Home Club via the contact details listed on our website.
  • All queries and comments about the direct debit billing service should be directed to Debitsuccess on 1800 148 848.
  • The member acknowledges that Debitsuccess has been engaged by the Club to collect the fees due under this Agreement if paying by way of direct debit, and also acknowledges that all rights of the Club under this Agreement are able to be enforced by Debitsuccess as if it were the Club without any involvement on the part of the Club or the consent of the member.

5. Club Access

  • All members must present their membership card (or photo ID) upon entry to the Club at every visit. If you attend the Club without your access card or photo ID we may refuse your entry.
  • You must scan your membership card or digital access pass and register your attendance for safety, security and insurance purposes.
  • Your access card is our property and you cannot lend your card or allow anyone else to use it.
  • If you lose your membership card or key tag, a replacement can be purchased from Reception upon providing proof of identification.
  • Upon joining Muscle Up, a photo will be taken of you for safety and security reasons and the photograph will be used and stored in accordance with our privacy policy.
  • All ‘guest visitors’ to Muscle Up Health And Performance Clubs are required to present photo identification upon every visit, complete the guest register, and otherwise comply with our general conditions of entry and Club code as contained in these terms and conditions.

6. General Conditions of Entry & Club Code

To assist us in maintaining a safe and comfortable environment for all members and staff, you are required to abide by the following conditions. Failure to abide by these conditions may result in the suspension or termination of your membership.

ENTRY: Entry will be refused or you may be requested to leave the Club if:

  • You are using abusive or threatening language or behaving in a threatening way; or
  • You are under the influence of drugs or alcohol; or you instruct other members when Muscle Up has not authorised you to do so; or
  • You behave in another way that is considered by Muscle Up to be risky or seriously inappropriate.

NON-SMOKING: Our Clubs are non-smoking facilities. The smoking of cigarettes or electronic cigarettes (e-cigarettes or vapes) is strictly prohibited.

RELAXATION ZONES: Sauna, spa and relaxation zone areas are available in selected Clubs for male and female use and as such minimum standards of dress apply.

WET AREAS: If the Club has any wet areas, such as a swimming pool, sauna, steam room or spas, you may use them. Normal pool safety rules apply for the safety and convenience of all users. These rules are set out on each Club’s pool deck. Pool areas are not supervised and you use them at your own risk. You must follow all signs and never run, dive or jump. Please also supervise children closely. For your own safety, the pool/spa and relaxation zones cannot be accessed during unstaffed hours in a 24.7 club.

SUITABLE CLOTHES: All members and guests must wear suitable clothes and enclosed sports shoes in any exercise areas, except for wet areas. We do not allow clothes with offensive images or inappropriate advertising.
If a laundry service is part of your membership, we only wash clothes worn while exercising in the Club. We do not wash underwear. Please label any clothes clearly with your name and check they are machine washable and colour fast.

TOWELS: You are required to use a clean towel when participating in classes and when exercising on gym equipment (including exercise mats) to maintain our hygiene and safety standards. You may be requested to cease training if you do not use a towel. Subject to availability, you may purchase or hire a towel from reception. CAMERA USE: You must not use cameras in our Clubs without our permission. Taking photos or videos of other members without their consent is a breach of our terms and conditions.

PARKING: You park in the Club’s car park or on the Club premises at your own risk. To the extent permitted by law, we are not liable for any loss or damage to your vehicle or its contents.

PERSONAL TRAINING: Personal training services are available in Clubs for an additional fee. Please contact your Club for more information or see the personal training noticeboard available in Club and make contact with one of the personal trainers directly. Our personal trainers within Muscle Up may be contractors, franchisees or employees. If they are contractors or franchisees and not directly employed by Muscle Up then all arrangements for personal training services and payments (with the exception of purchase of Muscle Up offered PT packages or add- ons) should be made directly with the personal trainer. Please note only authorised Muscle Up registered personal trainers are permitted to train members in Muscle Up Health And Performance Clubs. Conducting personal training within a Muscle Up Health And Performance Club without being an approved personal trainer may result in the cancellation of your membership.

7. Use of Equipment

You are required to return equipment to their original state when you have finished, including:

  • Return weights and bars to their rack.
  • Unload plates from machines and bars.
  • Return equipment to its storage location in group fitness classes.
  • For the safety of you and others, please follow all equipment operating and safety instructions on the equipment.
  • If you are not sure of correct use or operation of equipment please seek assistance from a team member.
  • Where functional training zones are available please seek assistance from a personal trainer if you are unfamiliar with the equipment or its safe and appropriate use.

As a courtesy to other members, please use a clean towel when using equipment and keep phone calls to a minimum.

8. Lockers, Valuables and Lost Property

  • Lockers are available and are located in the change rooms, however lockers are NOT security devices.
  • To the extent permitted by law, Club employees or contractors are not responsible for any loss of, or damage to, personal property from the Club or a locker. We also recommend that you keep all valuables with you while using the Club.
  • Damage to, or the loss of locker keys, cards and tokens, will incur a reasonable charge to repair the damage or replace the item.
  • The Club is unable to look after your personal possessions (keys and wallets for example) whilst you are in the Club.
  • Bags are not permitted on the gym floor for safety reasons.
  • As lockers are cleared daily, personal items are not permitted to be stored in lockers overnight. Any items remaining in lockers or items that have been handed into Reception will be held for two weeks and then donated to charity.

9. Membership Fee Increase

If you have joined on a 1, 3, 6, 12 or 18 month membership term then, after your minimum term has expired, your membership fees may increase automatically by 3% from the next direct debit date and annually thereafter without further notice to you.

If you have joined in Australia on an ongoing agreement, we will notify you of membership increases at least two weeks prior to any such increase either by a newsletter, poster displayed in the Club or written notification using the most up to date physical or email address you have given us.

10. Membership Entitlements

Membership at Muscle Up Health And Performance Clubs entitles you to:

  • Work out as many times as you wish in a given period, subject to any restrictions in your membership type relating to Club access outside of staffed hours. • Participate in normally scheduled group fitness classes. However, please note additional fees may apply for specific group fitness programs or challenges. Please refer to Muscle Up’s website for more information in relation to these additional offerings.
  • Use exercise equipment located on the gym floor and cardiovascular training areas.
  • Where applicable, use the other facilities including pool, steam, sauna and other relaxation zone facilities.
  • Where applicable, use squash, tennis and volleyball facilities. Additional fees may apply.
  • Where applicable, use of sauna and relaxation zones are limited to a maximum of 60 minutes per day for your safety and others
  • There are variations in the facilities and services provided at different Muscle Up Health And Performance Clubs. To ascertain exactly what the Club provides in addition to the above entitlements, please enquire at the Club directly. There may be additional fees charged to access these facilities and services.
  • Muscle Up reserves the right to make changes to exercise equipment supplied in any of its Clubs at any time or the group fitness timetable at any time (i.e. alter class type, times and instructors).

11. Corporate Partnerships

You may be eligible to join on a membership that is discounted as a result of an agreement with a Corporate Partner. If Muscle Up’s agreement with that Corporate Partner and/or your employment/membership with the Corporate Partner ceases, you acknowledge and accept that your minimum membership term will continue and will automatically revert to the agreed full standard rate. If this occurs as a result of Muscle Up’s agreement with that Corporate Partner ceasing then we will provide you with notice as soon as practical by mail or email (at our choice) using the most up to date physical or email address you have given us.

12. Children

Minors between the ages of 14 to 17 years may be eligible for a membership subject to the following age policy and the following general terms and conditions:

  • The minor must comply with all safety requirements of the Club as communicated to the member from time to time;
  • The minor’s membership may be cancelled for any inappropriate behaviour, misuse of equipment or failure to comply with safety requirements;
  • The minor must comply with the applicable sections of the age policy;
  • All minors must leave the Club immediately once staffed hours have ended; and
  • All minors can only access the Club during staffed hours, subject to the qualifications and exclusions listed in the age policy.

AGE POLICY

  • 14 years
    • Membership is permitted only with the consent and signature of the minor’s parent/legal guardian.
    • The parent/legal guardian assumes legal responsibility for performance of the minor’s obligations under this Agreement.
    • Access is permitted only during staffed hours and the minor member must be accompanied by their parent, legal guardian, suitably qualified personal trainer or other approved exercise professional.
    • Access is not permitted during unstaffed hours.
    • Members in this age group are not eligible to redeem Trial or Guest Passes or similar promotions.
    • Permitted usage for this age group is as follows and subject always to the above conditions:
      • Non weight-based group fitness
      • Cardio equipment
      • Other equipment prescribed by a medical or exercise professional
  • 15 years
    • Membership is permitted only with the consent and signature of the minor’s parent or legal guardian.
    • The parent/legal guardian assumes legal responsibility for performance of the minor’s obligations under this Agreement.
    • Access is permitted only during staffed hours but the minor member is not required to be accompanied by their parent or legal guardian.
    • Access is not permitted in unstaffed hours.
    • Members in this age group are eligible to redeem Trial or Guest Passes or similar promotions provided that their parent or legal guardian attends the Club on first visit and signs as guarantor on waiver.
    • Permitted usage for this age group is as follows and subject always to the above conditions:
      • All group fitness classes
      • All challenges
      • Weight-based equipment
      • Cardio equipment
  • 16 and 17 years
    • Membership is permitted only with the consent and signature of the minor’s parent or legal guardian.
    • The parent/legal guardian assumes legal responsibility for performance of the minor’s obligations under this Agreement.
    • Access is permitted during both staffed and unstaffed hours and the minor is not required to be accompanied by their parent or legal guardian.
    • Members in this age group are eligible to redeem Trial or Guest Passes or similar promotions provided that their parent or legal guardian attends the Club on first visit and signs as guarantor on waiver.
    • All classes and equipment are available, subject to any medical advice.

13. Legal Responsibility

MEETING YOUR RESPONSIBILITIES

  • Your responsibilities, including payment of membership fees, do not depend on how often you use a Club.
  • You must tell us about anything that affects your membership, and any changes to your contact information and bank details.
  • You must inform us in advance and in writing if there are any risks to your health if you participate in fitness services and if required seek approval from your Doctor or General Practitioner.

PROMISING TO TAKE CARE

You promise to:

  • Make sure that you know how to exercise safely, by asking if necessary;
  • Use your best endeavours to exercise safely; and
  • Not take valuables into the Club, even if you plan to put them in a locker.

DAMAGE & PERSONAL INJURY

To the extent permitted by law, Muscle Up Health And Performance Clubs and Debitsuccess excludes any liability to the member in Agreement, tort, statute or in any other way for any injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by the member and/or any other person, or for any costs, charges or expenses incurred by the member, arising from or in connection with this Agreement and/or the services/products provided by Muscle Up Health And Performance Clubs and/or Debitsuccess, and/or any act or omission of Muscle Up Health And Performance Clubs and/or Debitsuccess.

OUTSIDE PROVIDERS

Contractors, tenants and franchisees provide some services in our Clubs, such as personal training, physiotherapy and massage (Outside Providers).

You will need to pay service fees directly to the Outside Providers and we are not responsible for those fees or for any associated costs or refunds.

Claiming against Outside Providers:

  • Any service provided by an Outside Provider is a contract between the Outside Provider and you and we to the extent permissible by law, we do not accept any responsibility for a breach of contract or negligence.
  • If you make a claim because of something an Outside Provider has or has not done, your claim should be brought against the Outside Provider, not us, whether you have paid them or not. To the extent permissible by law you release us from any claim resulting from an act or omission by an Outside Provider.

Asking for our help

  • Wherever we can, we will help you to resolve issues with Outside Providers. We will also make sure that personal trainers in our Clubs have up-to-date qualifications and insurance. We only allow personal trainers from the Club franchise to work in our Clubs.

14. Special Conditions for Certain Membership Types

  • If there are special conditions or benefits relating to your membership type, these will be either attached to your Agreement and/or displayed on the website and form part of your Agreement.
  • If your membership entitles you to Free Time, you will not be charged your weekly fees for use of the Club during the specified period of Free Time. Free Time will not form part of the minimum term of the membership.

15. Renewing Upfront Membership

This term applies only to Upfront Memberships. When your Upfront Membership is due to end you can renew your Upfront Membership at the current membership rate as advertised by Muscle Up Health And Performance Clubs at the time of your membership renewal. By renewing your Upfront Membership, you agree to the membership terms that apply at that time.

Upfront Memberships are non-re-fundable unless within 7 days cooling off period where legally required.

16. Overdue Fees & Revocation of Membership Entitlements

All entitlements and entry into any club may be revoked if your account is in arrears and you fail to resolve the debt after being provided reasonable notice.

If your automatic direct debit reverses or is returned to us by your financial institution the following process will apply:

  • The Club or Debitsuccess will attempt to contact you about retrying the debit.
  • If the debit remains outstanding it will be processed within 14 days of the reversal with any late fees that apply.
  • If you fail to pay us the fees by the due date, we are entitled to refuse you entry to the Club.
  • If unpaid fees remain outstanding and after attempts by us to rectify the arrears, your membership may be forwarded to a collection agency for further action.
  • The Club reserves the right to vary the process set out in the Debitsuccess Terms and Conditions clause 11 providing you with 30 days advance written notice of any changes.

17. Debt Collection Agencies

If paying by Direct Debit, upon default by you in regard to any obligation under this Agreement and failure to remedy the default after notification by DebitSuccess: you authorise DebitSuccess to notify any debt collection agency of the default in accordance with the Debitsuccess Terms and Conditions.

18. Cancellation / Termination

A cancellation request should be provided to the Club as follows:

COOLING OFF PERIOD

  • Your membership is subject to a seven (7) day cooling off period.
  • The cooling off period applies to new memberships only and does not apply to membership transfers or renewals.
  • The cooling off period starts from the date the Agreement is entered into and ends at close of seven (7) days later.
  • Your membership can be cancelled during the cooling off period by contacting your Home Club via the Club contact details as listed on the website.
  • All monies paid will be refunded with the exception of a reasonable administration fee which shall be payable by you if your membership card and/or 24.7 access pass or any other merchandise you received on joining are not returned within seven (7) days of termination of your Agreement.

PERMANENT SICKNESS OR PHYSICAL INCAPACITY

You may terminate your Agreement before the expiry of the Minimum Term if you are sick or incapacitated and time freeze is not a suitable option for your circumstances. You must show us a current certificate from a qualified medical practitioner stating that you cannot utilise any fitness services or facilities foreseeably because of your permanent illness of physical incapacity.

BANKRUPTCY

You may terminate your Agreement before the expiry of the Minimum Term (payment amount) if you are bankrupt and a time freeze is not a suitable option with regard to your financial circumstances. To terminate your Agreement for this reason, you must provide Muscle Up with evidence of a Notification of Bankruptcy from the Australian Financial Security Authority (AFSA), confirming your bankruptcy.

CANCELLATIONS AFTER COMPLETION OF MINIMUM TERM:

There will be a period of notice of 30 days, unless otherwise specified, from the date of cancellation request to the date of termination, during which any payments that fall due must be paid in full.
The notice period will exclude freeze or payment break time applied to your membership.

  • Any instalments/fees due at the date of termination (including instalments/fees which fall due during the notice period) will remain a debt owed to and recoverable by Muscle Up Health And Performance Clubs and/or Debitsuccess.
  • You shall not consider that your Agreement has been terminated until such time as this is confirmed in writing to you by Debitsuccess (not more than 14 days after the termination date). Termination of your Agreement will also terminate the Direct Debit Request Authority.

ONGOING MEMBERSHIP AGREEMENTS:

  • If your contract is designated as an ‘ongoing membership’ on the front page you acknowledge that unless you provide notice of termination of your membership prior to the end of the minimum period your membership fees will continue to be deducted until you give us 30 days notice of your intent to end your membership.
  • If your contract is designated as a ‘fixed term membership’ you acknowledge that it will terminate at the end of the term displayed on the contract unless you renew prior to that date.

CANCELLATION FOR ANY OTHER REASON (within Minimum Term):

You may terminate your Agreement before the expiry of the Minimum Term (or payment amount) if all instalments and fees due up to the date of termination are paid and the relevant cancellation fee is paid in full at time of cancellation request. The cancellation fees for all membership options are as follows:

  • If there is 12 months or more of membership fee equivalent remaining on the Minimum Term of the Agreement = $330.
  • If there are less than 12 months but more than 6 months of membership fee equivalent remaining on the Minimum Term of the Agreement = $275.
  • And, if there are less than 6 months of membership fee equivalent remaining on the Minimum Term of the Agreement = $225 OR the amount of the future membership fees payable whichever is the lesser).

The cancellation fees for any Class membership options are as follows:

  • If there is 12 months or more of membership fee equivalent remaining on the Minimum Term of the Agreement = $345
  • If there are less than 12 months but more than 6 months of membership fee equivalent remaining on the Minimum Term of the Agreement= $295.
  • And, if there are less than 6 months of membership fee equivalent remaining on the Minimum Term of the Agreement= $245 OR the amount of the future membership fees payable – whichever is the lesser.

You can cancel your membership by:

  • Speaking to the team at reception or calling your home Club. To find your home Club refer to the website.

Confirming your request. When you do this, please always:

  • Give us your email address so we can confirm your request in writing; and keep a copy of your request.
  • You may be liable for further damages for breach of contract if you terminate the Agreement in a manner not described in the Agreement.

TERMINATION BY THE CLUB:

The club reserves the right to terminate this Agreement in any of the following circumstances:

  • You fail to abide by any of the criteria listed in the conditions of entry (posted in your club) after being notified of any failure;
  • You fail to abide by the obligations listed in this Agreement and the breach/non- compliance is incapable of remedy or you fail to remedy the breach/ non-compliance within 14 days of being notified by Muscle Up Health And Performance Clubs or you continue to breach this Agreement;
  • If we reasonably believe that you have engaged in conduct that infringes on the health, safety or wellbeing of any other members or staff;
  • The temporary or permanent closure of the Club where a suitable replacement club is not available for the membership to transfer; or
  • To protect the health and safety of you or other members.
  • In the event of a termination under this provision and where appropriate, Muscle Up will refund to you a proportion of fees paid under any Upfront Membership representing the unused portion of the Agreement less any applicable cancellation fees.

TERMINATION BY THE MEMBER

Members are permitted to terminate this Agreement, without incurring a cancellation fee, in the following circumstances:

  • Where these terms and conditions are varied in accordance with clause 25 or a club code is changed and you are adversely affected by the change. For the avoidance of doubt however, changes to club timetables, facilities, equipment and hours of operation do not permit you to terminate this Agreement under this clause.
  • If we breach our obligations to you and we do not fix the breach in a reasonable time after you have told us about it in writing. We will refund you any membership fees you pay between the date of notification and the date on which we decide that we cannot fix the breach.
  • Where there is a permanent closure of the Club where a suitable replacement club is not available for you to transfer.

19. Membership Freeze

You can freeze your membership for a minimum period of 2 weeks, up to a maximum of 4 weeks each calendar year at a cost of $5.00 per week (unless a different fee is specified on the front of this Contract).

  • You must first contact Debitsuccess at least 3 days prior to the start date of the freeze.
  • If your membership type provides for a free membership freeze, no fee shall apply for the period of the membership freeze.
  • After the period of free membership freeze (if any) in your membership type, any additional freeze shall be charged at a cost of $5.00 per week (unless a different fee is specified on the front of this Contract).
  • Before freezing your membership, you must make sure your fees are up to date and there are no arrears outstanding on your account.

Please note that if you are within your minimum term, any time freezes are not classified as a full payment toward your contract and so your Minimum Period will be extended by the length of any freeze.

Note that we cannot backdate any time freeze requests. You must request a freeze three days prior to the start date of the freeze.

TIME FREEZE FOR CLUB CLOSURES

If we are required by the state or federal government to temporarily close our clubs in your local State (Closure Period), we will freeze your membership for that Closure Period. If this occurs:

  • You are entitled to request cancellation of your membership during the Closure Period (applicable cancellation fees will apply) but processing of the cancellation may be delayed until after the Closure Period has ended.
  • Please refer to section 18 regarding the terms that apply to cancellation of your membership.

In addition, if the Club is closed for a period of more than one week (e.g. due to refurbishment) and there is no suitable alternate club available for you to use then you may request that your membership be frozen until the Club re-opens (Closure Period). Any membership freeze which occurs as a result of a Closure Period does not:

  • Count as part of a member’s Minimum Term/ Supply Period; and
  • Cause a reduction in the member’s entitlement to a free membership freeze (if any).

Unless the law requires otherwise, membership freezes which occur as a result of a Closure Period are not classified as a full payment toward your contract ,and will incur a fee of $5 per week which will afford you ongoing access to the digital workout tools offered by Goodlife by app or portal.

20. Transfer

You can transfer your membership to another person (transferee) within the Minimum Term of your Agreement so long as the transferee:

  • Is not a current member;
  • Has not been a member in the last 3 months;
  • Completes the new membership sign-up process;
  • Is eligible to take up your membership (for instance, you cannot transfer a corporate or concession membership to someone who would not qualify for that membership); and
  • Has not previously been banned from Muscle Up Health And Performance Clubs or failed to pay membership fees.

The transfer is effective only after the transferee has completed the sign-up process. Transferees of a membership are subject to the same membership terms and conditions as the transferor.

We do not allow transfers once you have completed your minimum term. You also cannot transfer foundation, family or friends memberships.

21. 24.7 Terms of Entry and Cctv

24.7 ACCESS PASS

All members are required to complete the Club's safety induction before they can access the Club outside of staffed hours.

  • For member’s safety, you cannot ask another member to provide you with access to the Club in unstaffed hours.
  • You must not admit guests or in any way facilitate unauthorised access to the Club. If you breach this obligation, you will be notified by the Club and a tailgate fee of $100 will be payable to the Club. Subsequent breaches of this obligation will incur additional tailgate fees, and risk revocation of 24.7 access and membership cancellation.
  • If you deliberately use the emergency system inappropriately, you agree to pay any costs, loss or damage incurred because of the inappropriate use.

CHILDREN AND MINORS

  • Members that are 17 years old and under are not eligible for 24.7 Memberships as they are only allowed access during staffed hours. For further information, please refer to our Age Policy in section 12.

GENERAL INFORMATION

  • You will read and follow all safety instructions displayed on equipment and throughout the Club.
  • Relaxation areas including sauna, steam room, spa and pools and any alarmed areas are strictly out of bounds during unstaffed hours.
  • Do not bring valuables into the Club. Any belongings that you choose to bring into the Club should be kept on you at all times or secured in the lockers provided.
  • The Club will take no responsibility for lost or stolen items.
  • The Club is monitored by Closed Circuit Television (CCTV) at all times.

22. CCTV

  • You acknowledge and understand that CCTV will be installed in appropriate areas within each club and surrounds as a strategic component for team member, member and contractor safety and crime and misconduct prevention.
  • By entering our club, you consent to being filmed under CCTV for these purposes and understand that we will only use and store your image in accordance with our Privacy Policy.

23. Quarterly Coaching Session

  • Depending on your choice of membership, you may be eligible to receive one quarterly coaching session with a Muscle Up fitness professional nominated by Muscle Up.
  • The quarterly coaching session shall be conducted in one x 30 - 45 minute appointment and is subject to the availability of the fitness professional.
  • Per the Special Conditions of your membership, an additional quarterly fee may apply.
  • If a quarterly fee is payable, it will be charged by direct debit once per quarter (if on a direct debit payment schedule), or it will be included in your total upfront payment if you have a paid-in-full membership;
  • To the extent permitted by law, it is non refundable. The full inclusion details and terms are as set out in the Special Conditions on the Muscle Up website.

24. Additional Safety Measures

Your safety and the safety of other members and our staff is of utmost importance to us and we may, from time to time, introduce reasonable health and safety measures (including for example temperature checks prior to accessing our facilities in response to COVID-19) to ensure your safety and safety of other members and our staff. If we make any reasonable health and safety measures a condition of entry and you refuse to comply with these measures, you may not be permitted to enter the Club at our discretion unless a medical exemption applies (and we are provided with appropriate supporting documents).

25. Staying up To Date with Your Terms

We may sometimes change our terms and conditions. This includes changing a club’s opening hours, its services and facilities and membership fees. Sometimes, we may

also close clubs for refurbishment. We do not reduce your membership fees because your club is closed for renovations or repairs (where a suitable substitute club is available) or for a public holiday. The most up-to-date terms and conditions always apply. You can find copies at your local club or on our website.

If we reasonably consider that any change to the terms and conditions is likely to benefit you or be of no, or immaterial, detriment to you, we can make the change immediately and do not need to notify you.

For all other changes, we give you at least 30 days notice of any changes, for instance by:

  • Publishing them in our newsletter or on our website; or
  • Placing a notice in the Club; or
  • Calling you or writing to the address (post or email) you last gave us.

If we suspend a club’s operations or services, temporarily or permanently, we may send you a written notice offering you a transfer to another club.

26. Having Your Contract Transferred

We can assign or transfer the benefit of your contract to a person, firm or company at any time, provided we are reasonably satisfied that the person, firm or company is capable of performing its obligations under this contract. We will give you 30 days’ prior notice in writing. We can also sub-contract our obligations to someone else without notice to you. But if we do, we are still responsible for ensuring those obligations are met.

27. Privacy Policy

Your “personal information” (as that term is defined in the Privacy Act 1988 (Cth)) will only be used by Muscle Up Health And Performance Clubs or Debitsuccess in accordance with the provision of their Privacy Statements.

Debitsuccess’ Privacy Statement can be obtained from its website www.Debitsuccess.com.au. The Muscle Up Privacy Statement can be obtained from its website.

MARKETING PERMISSIONS

We sometimes film or photograph the Club so it is possible you will appear in the background. By signing your Agreement, you allow us to use your image in promotional and other business-related material.

Muscle Up will use the contact details you have provided above to contact you about your membership. Muscle Up, related companies and companies we engage to perform services on our behalf, may also contact you from time to time both during and after your membership with information about fitness and wellness, promotions, special offers and other materials about Muscle Up and related companies' service and products. Muscle Up will not provide your personal information or contact details to unrelated third parties. Depending on your preferences, you may be contacted in the following ways: mobile, email and/or SMS. You can change your mind at any time about receiving marketing materials by contacting Muscle Up Health And Performance Clubs website.

28. Entire Agreement

  • This Agreement and its Annexures, and the DDR Service Agreement (if paying by Direct Debit), and any Special Terms & Conditions listed on the website constitute the entire agreement, understanding and arrangement (express and implied) between the Member, Muscle Up Health And Performance Clubs and Debitsuccess relating to the subject matter of this Agreement and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.
  • The issuer of the billing service is Debitsuccess Pty Ltd (ABN 32 095 551 581). Debitsuccess is an Authorised Representative (AR 407894) of Transaction Services Holdings Limited (AFSL 338256).