On this page you'll find our general terms and conditions, plus those specific to campaigns and promotions.
Welcome to Zap Fitness 24/7. To assist us in providing the best fitness experience possible please ensure you read our terms and conditions. We advise you to only sign this membership agreement if you understand and agree to abide by these conditions. The information outlined in these terms and conditions can and will be used in the event of a discrepancy.
1. Definitions (a) Access FOB means your membership card allowing you to enter the Club. (b) Access FOB Fee means the Access FOB Fee specified in the Agreement. (c) Agreement means this membership agreement made between you and Zap incorporating the documents referred to in clause 2(b). (d) Billing Account means the bank account or credit card nominated by you to have your direct debit Membership Fees deducted from. (e) Club means the Zap gym as specified in your Membership Agreement or any such Club that you use. (f) Club Access FOB means the Access FOB Fee specified in the Agreement. (g) Club Rules mean the Club rules as amended from time to time, which are located at the Club. (h) DD Membership means a weekly membership, with recurring fortnightly direct debit payments. (i) DD Membership Fee means the fortnightly fee payable for the DD Membership . (j) Dishonour Fee means a $10.00 fee. (k) Questionnaire means the pre-workout questionnaire that the member is required to complete prior to using the Club. (l) Zap means Dockvest Pty Ltd CAN 009 569 911 and includes its heirs, estates, agents, representatives, officers, directors, shareholders, successors, affiliates, subsidiaries and employees. (m) Member means an individual who has entered into this Agreement with Zap. (n) Membership Agreement means the form provided to you by Zap requiring you to provide the relevant details to Zap (e.g. name, address, payment card details) relating to your membership. (o) Membership Fees means the fees that are due and payable by you pursuant to this Agreement. (p) Minor means members under the age of 16 and under the age of 18., (q) Paid In Full (PIF) Membership means Members that have paid in advance according to the level of PIF membership as specified in this Agreement. (r) Payment Agreement means the Agreement between you and us permitting our Payment Provider to provide the direct debit and credit card payment facilities to you on our behalf in accordance with the Payment Provider’s Direct Debit Service Agreement. (s) Payment Provider means the payment provider specified from time to time by Zap, which is currently Dockvest Pty Ltd unless Zap otherwise specifies. (t) Payment Provider’s Direct Debit Request Service Agreement means the Payment Provider’s service agreement provided to you by Zap. (u) Policies means the Zap membership policies as amended from time to time, which are located at www.zapfitness.com.au and available at your Club on request. (v) Privacy Policy means the Zap privacy policy which is available at www.Zap.com.au or by emailing [email protected] (w) Products means any products that are purchased pursuant to Zap sale of goods terms and conditions. (x) Staffed Hours means the hours for the Club, which are located at the entrance to the Club or at www.zapfitness.com.au. Zap reserves the right to change the Staffed Hours at any time without notice. (y) Written Notice means a notice in writing, given in person, by email or post to the parties’ last known address.
2. Terms and Conditions (a) Your membership is governed by this Agreement. (b) This Agreement incorporates these terms, the Membership Agreement, the Policies, the Club Rules and the Privacy Policy. (c) Accepting this Agreement does not automatically entitle you to a membership as your application may be subject to further review by Zap. (d) Zap reserves the right, in its sole discretion, to amend this Agreement. (e) Zap holds, so far as a provision of this Agreement is for the benefit of a third-party, that provision on trust for the relevant third-party.
3. Membership (a) Nature of Membership Your membership permits you to use Zap’ premises, facilities, equipment and services. Your membership is non-transferable (b) Change to Details You must provide Zap with any changes to your details, which are relevant to your membership in writing. (c) All Club Privileges Subject to clause 18, your membership entitles you to utilise “Zap” branded clubs, as listed on the website subject to any exclusions noted in a promotion offer. (d) Your membership gives you automatic access after 24 hours of joining any Zap gym listed. (e) Access to one gym only may be limited for a period depending on whether you joined on a promotion. 4.Payments a) You agree to pay all Membership Fees as set out in this Agreement and agree to be bound by the direct debit terms and conditions as described in the Payment Agreement and the Payment Provider’s Direct Debit Request Service Agreement. b) For a DD Membership you must make your payments on a weekly or fortnightly basis in advance. c) For a PIF membership, you must pay your membership in advance as indicated by Zap to you. d) Memberships can be suspended for up to 6 weeks per calendar year for the cost of $5 per week e) You must provide to Zap, in the form requested by Zap, a Payment Agreement authorising Zap’ Payment Provider to debit the Membership Fee due for each direct debit period from your Billing Account. f) Zap will endeavor to contact you by phone, sms or email to inform you of any overdue payments. In the event that Zap cannot contact you, it will provide you with Written Notice of overdue payments. g) A Member will be charged a Dishonour Fee in the event that a fortnightly direct debit payment is dishonoured by their financial institution. h) A Member will be charged a $30.00 fee if their Access FOB is damaged or lost and requires replacement. i) Additional fees (being bank charges or administrative charges incurred by the Payment Provider) will apply for any overdue or late payments. j) If there are repeated failures to meet your payment obligations (other than through the fault of Zap or its Payment Provider), without prejudicing Zap’ rights to recover any overdue payments, your membership may be suspended or terminated by Written Notice to you. k) You acknowledge and agree that Zap may change its Payment Provider and that Zap and/ l) or the current Payment Provider may, in their sole discretion, assign or novate all existing Payment Agreements to a new payment provider. In the event that Zap or the current Payment Provider assigns or novates the existing Payment Agreements to a new payment provider, you consent to Zap or m) the current Payment Provider providing your personal information (including, but not limited to your payment details, to its new payment provider) in accordance with this Agreement and Zap’ Privacy Policy. n) Zap reserves the right, at any time, to change the Membership Fees charged to Members for use of the Club facilities subject to any lifetime guarantee on membership price agreed to at the time of entering into the Membership Agreement. Zap agrees to use reasonable endeavours to provide you with Written Notice of the changes. The changes will take effect 30 days after the Written Notice has deemed to be received by you. We deem receipt to have occurred 2 business days after the Written Notice was sent. At the end of the 30-day period, you authorise Zap and/or the Payment Provider to debit the new amount to your account. 5. Minimum Age a) All Members of Zap must be a minimum of 16 years of age. All Minors must have a parent or legal guardian agrees to the terms of this Agreement. All Minors together with parent or legal guardian must attend the Club to obtain a membership . c) Minors aged 16-17 years of age must comply with the restrictions outlined in the Membership Age Policy available at the Club or on www.zapfitness.com.au 6. Access FOB by Non-Members a) Zap only grants Members, unless otherwise specified in this Agreement, Access FOB to the Club. No Member is permitted to bring a non-Member into the Club. b) If a Member breaches clause 6 (a) 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 Zap; (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 Access FOB Fee, in addition to the DD Membership Fee, will be charged to the Member in the following ways: (1) for a Member who holds a DD Membership, this amount will be deducted from their nominated bank account; and (2) for a Member who holds a PIF Membership, 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) Zap reserves the right to terminate without notice the membership of the Member who brings a non-Member into the Club.
7. Orientation a) It is a condition of this Agreement that you participate in a scheduled Member orientation program. b) The orientation focuses on various aspects of the Club including, but not limited to, Club layout, amenities and entry and exit areas. c) Zap may suspend or terminate this Agreement in the event of unsatisfactory completion of the Club orientation prior to the commencement of exercise. d) You acknowledge and agree that “Zap” branded clubs may have different equipment and/or a different layout. You acknowledge and represent to Zap that you will seek assistance from Zap personnel before using equipment that is unfamiliar to you.
8. Physical Condition a) It is your responsibility not to use any equipment which may adversely affect any medical condition. b) You hereby represent to your Club and Zap and their directors, officers, employees, contractors and agents that, to the best of your knowledge, you do not have any physical, medical or other disability or condition which may be affected or aggravated by, or which may result in any sickness, injury or death to you as a result of your use of the Club or its facilities. c) If you have any health or medical concerns now or after you join as a Member of the Club, you must discuss them with your doctor before using the equipment or the Club. d) You acknowledge that Zap did not give you any medical advice before you used the equipment, and cannot give you any medical advice after you use the equipment.
9.Personal Trainers a) Contractors and tenants provide some service in Clubs such as personal training, physiotherapy and massage b) You will need to pay service fees directly to them and we are not responsible for those fees or for any associated costs of refunds. Any service they provide is a contract between them and you and we cannot accept any responsibility for a breach of contractor or negligence. c) If you make a claim because of something a contractor or tenant has or has not done you claim should be brought against the provider, not Zap. d) You release Zap from any claim resulting from any act or omission by a contractor or tenant. 10.Pre-Workout Questionnaire a) It is a condition of membership with Zap that each Member, prior to using the Club, has to complete the Pre-Workout Questionnaire. b) You will not be permitted to use the Club until you have completed the Pre-Workout Questionnaire. c) Zap reserves the right to restrict, suspend or terminate your membership if Zap is of the reasonable opinion that you are unfit to utilise the Club on a 24/7 basis. If your membership is restricted or suspended for this reason, your membership will not be reinstated until you provide Zap with a medical certificate confirming that you are fit to train. 11.Video and Audio Surveillance a) For security purposes, Zap uses video and audio surveillance equipment to monitor the Club on a 24-hour basis. b) By accepting this Agreement, you acknowledge that by using any “Zap” branded club you will be subject to video and audio surveillance and recording. c) Video and audio surveillance is limited to the floor area only, and is not within the walls of the bathrooms or assessment rooms. 12.Equipment a) You understand and acknowledge that Zap purchases or leases the equipment from a third party and therefore does not manufacture any of the fitness or other equipment used in the Club. b) You understand and acknowledge that Zap is providing recreational services and may not be held liable for defective products or equipment. 13.Liability for Property a) Zap 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 the Club. b) If you cause damage to the Club or any equipment you are liable to Zap for its cost of repair or replacement. 14.Release and Indemnity a) Zap is entitled to ask you to agree to exclude, restrict or modify its liability for death or personal injury suffered by you on Club premises, or from the use of our facilities or equipment. b) If you accept this Agreement, you agree to restrict the liability of Zap if you are killed or injured, with the result that compensation may not be payable if you or a third party suffers death or personal injury. c) Zap may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by accepting this Agreement. Even if you accept this Agreement, you may still have further legal rights against Zap. d) A parent or legal guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child’s rights. 15. ANNEXURE A – STATE SPECIFIC CLAUSES
SOUTH AUSTRALIA
The following definitions and terms apply to South Australian Memberships only. If Periodic Agreement: the membership will continue until terminated by you or by Zap Fitness. If Fixed Term Agreement: the membership is for a fixed term only and if further membership periods are required a new agreement will be required. Supply Period: the supply period for supply of goods and services is a minimum of 2 weeks. Please cancel any direct debit authorisation for payments under this agreement for: Periodic Agreement: upon termination of the agreement; or Fixed Term Agreement: either at the end of the fixed term or on earlier termination.
Release and Indemnity (Victoria) a) Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you — (i) are rendered with due care and skill; and (ii) are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and (iii) might reasonably be expected to achieve any result you have made known to the supplier. b) 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. If you accept 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. c) You accept that your use of the facilities provided by Zap or at any “Zap” branded club is at your own risk and you acknowledge that the use of the facilities may involve risk or injury, whether caused by you or another party. By accepting this agreement, you agree that Zap will not be liable for any personal injury suffered on club premises, or from using our facilities or equipment. 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.
16. Cooling Off Period a) All new memberships are subject to a cooling off period of 10 business days. b) A request for termination of membership during the cooling off period must be made by Written Notice unless this Agreement is defined as an unsolicited consumer agreement under the Australian Consumer Law, in which case termination may be written or oral. c) For any membership terminated validly during the cooling off period, Zap will refund to you the total of all Membership Fees.
17. Suspending payments and memberships
Suspension of payments may be possible under the terms of your Membership Agreement. Payments may be suspended for a minimum of 2 weeks at a time so long as the total time suspended within 12 months of membership commencement does not exceed 6 weeks.In order to suspend payments you should contact DebitSuccess at least 3 days prior to the date of the first suspended payment. There is a charge of $5.00 per week while the Membership Agreement is suspended unless a different fee is specified on the front of this Contract. Any time spent on suspension will be added onto the Minimum Term of the Membership Agreement so that the sum of the instalments payable for the Minimum Term or number of payments shall still be payable regardless of any suspension or suspension charges made.
18.Your Right to Terminate Your Membership
CANCELLATION / TERMINATION A cancellation request should be provided to your club as follows: During Cooling Off Period: Your membership is subject to a 10 day cooling off period.
The cooling off period applies to new memberships only and does not apply to membership renewals. The cooling off period starts from the date the agreement is entered into (the date the agreement is signed) and ends at the close of business 10 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 the start up feel will be payable by the member if your Zap FOB or any other merchandise you received on joining are not returned. Zap may require an additional payment to recover costs in relation to any fitness services provided to the member within this period.
Permanent Sickness or Physical Incapacity: Zap requires a medical certificate stating that you cannot utilise any fitness services or facilities because of your permanent illness or physical incapacity. Zap may agree to cancel the membership upon payment of a cancellation fee of 10% of the minimum membership fee or $75.00 (whichever is less). Cancellation for any other reason (within minimum term): You may terminate your membership 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 the time of cancellation request.
12 month membership The cancellation fee, if more than 6 months remaining on the minimum term of the Agreement, is $245 and, if there is less than 6 months remaining on the minimum term of the Agreement, is $195.
18 month membership The cancellation fee, if more than 6 months remaining on the minimum term of the Agreement, is $280 and, if there is less than 6 months remaining on the minimum term of the Agreement, is $195.
Zap requires you to contact our Customer Care Team on 1300 927 348 or email [email protected] on the website advising of your cancellation request.
Cancellations after completion of Minimum Term: Zap requires you to contact our Customer Care Team on 1300 927 348 or email [email protected] on the website advising of your cancellation request. There will be a period of notice of 30 days (or in SA – the specified supply period), 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 suspension 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 Zap and/or DebitSuccess. You shall not consider that your membership 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 membership agreement will also terminate the Direct Debit Request Authority.
Membership Transfers Memberships are transferable to non members. A transfer fee of $69 is payable.
Ongoing Membership Agreements After the expiry of the minimum term payments and after all instalments and fees due have been paid in full, should the box on the front of this Agreement requesting termination at minimum term be marked then this Agreement shall automatically terminate.
Should the box on the front of this Agreement requesting termination after the minimum term not be marked, then this Agreement shall continue indefinitely until such time as the Member makes a request, after the expiry of the minimum term for it to terminate. Refer to notice period in section 12.(d).
Termination by Zap Fitness
18.Zap’ Right to Restrict or Terminate Your Membership a) Zap may restrict your membership (including by limiting Access FOB to other “Zap” branded clubs and for limiting Access FOB to Staffed Hours) at any time on the following basis: i. concern for the health and/or safety of the Member; or ii. non-compliance, improper or harmful conduct engaged in by the Member. b) Zap may terminate your membership at any time on the following basis: i. you fail to make any payments of your Membership Fees; ii. Zap reasonably suspects that you are engaging in illegal activity in the Club; iii. you fail to follow any of the Policies or Club Rules, or violate any part of this Agreement; or iv. your conduct is improper or harmful to the best interest of Zap Members. c) In the event that Zap terminates your membership in accordance with clause 18(b), termination will be effective on the date that Zap sends Written Notice. You are liable for all financial obligations until that date. If you are a PIF Member, Zap will not refund any unused portion of your fees. d) Upon termination of your membership by Zap, your Access FOB to the Club will be deactivated, and Zap has the discretion to deny your Access FOB to any” Zap” branded club. Any money owing to Zap when your membership ends, remains immediately due and payable and Zap will deduct the amount outstanding from any refund which you may be eligible. If there is not enough money to cover the amount owing to Zap, you must pay the balance of the amount owing. e) Upon termination of your membership by your election, you may continue to use the Club for any period that you have paid in advance. Although you will cease to have Access FOB to the Club once any period you have paid in advance expires you get possession of your Access FOB. f) Termination or expiration of this Agreement shall be without prejudice to the rights of each party against the other in respect of anything done or omitted under this Agreement prior to such termination or expiration
19.Termination and Unauthorised Cessation of Direct Debit a) If you terminate the Agreement or stop the automatic debit arrangement in a manner not described in the Agreement, then you may be liable to Zap for any unpaid fees, or fees incurred by Zap
20.Assignment Zap may assign or novate its rights under this Agreement at any time without prior consent or notice. 21.Risk Warning a) Zap warns that whilst you are on our premises using our Club and recreational services, you are at risk of suffering physical harm or personal injury including broken bones, soft tissue injuries, joint injuries, permanent disability or death. These injuries may occur from you: i. slipping on wet flooring; ii. being struck by weights; iii. colliding with equipment, or other Members; iv. engaging in strenuous exercise and activities; or v. incorrect use of equipment or Club, b) You acknowledge that any such injury may result not only from your actions but from the action, omission or negligence of others. c) You acknowledge and agree that the above mentioned injuries and potential causes of injuries are not exhaustive, and there are other unknown or anticipated risks that may result in injury, illness or death. d) You acknowledge that whilst every attempt is made to ensure that the recreational services and facilities provided by Zap are safe, there are some significant and inherent risks involved, and you agree that you are participating voluntarily at your own risk and responsibility, thereby exposing yourself to certain risks.
Dockvest Pty Ltd ACN 009 569 911 (trading as Zap Fitness) (“the Promoter”) is conducting the promotion in selected Zap Fitness clubs in VICTORIA, SOUTH AUSTRALIA, TASMANIA (“Participating Outlets”).
A Free Pass refers to a 1 day free pass offered by the Promoter to non-members allowing access to a Participating Outlet in accordance with these terms and conditions.
The “Free Pass” offer is limited to one Free Pass per person and valid for first time Zap Fitness users only who are not existing members. The user must live or work in the local area (20km radius to club).
Prior to accessing the Participating Outlet, Free Pass holders must:
Provide proof of photo identification;
Provide name, age, address and phone number/email address;
Read, understand and agree to any terms of entry and club conduct; and
Read, understand and agree to any waiver and indemnity required by the Promoter.
A Free Pass can only be used in accordance with the Zap Fitness Age Policy which restricts access and usage of certain equipment to minors. The Minimum Age Policy can be found at www.zapfitness.com.au.
The Free Pass allows access to the selected Participating Outlet during staffed hours only.
The Free Pass must be activated before the expiry date on the Free Pass or via the redemption card/letter, and once activated is valid from the first visit date of use of the Free Pass and must be used on consecutive days.
Free Passes that are not activated before the expiry date are void.
The Free Pass is valid only at the Participating Outlet selected at the time of registering for the Free Pass.
The Free Pass includes basic club access only including group fitness, weights and cardio (subject to the Zap Fitness Minimum Age Policy). Unless expressly stated on the Free Pass, a Free Pass does not include any additional products or services such as personal training, specialist programs.
This offer cannot be used in conjunction with any other offer, it cannot be redeemed for cash. See www.zapfitness.com.au for these details.
The Promoter or the Participating Outlets shall not be liable for any claim, loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for personal injury which is suffered or sustained, except for any liability which cannot be excluded by law and the user of the Free Pass indemnifies the Promoter and the Participating Outlet in relation to any claim, loss or damage whatsoever which is suffered.
Dockvest Pty Ltd ACN 009 569 911 (trading as Zap Fitness) (“the Promoter”) is conducting the promotion in selected Zap Fitness clubs in VICTORIA, SOUTH AUSTRALIA and TASMANIA (“Participating Outlets”).
The promotion is available to individuals who sign up to Zap Fitness during the period from 9 am on 29 October 2020 until 9 pm on 30th November 2020 (“the Promotional Period”) (“new members”).
The promotion offers new members 4 weeks free on the below memberships:
1 month Flexi & 12 month Everyday minimum membership term.
Results & Everyday memberships.
A $0 Start-up fee applies to all memberships.
$7.99 a week for the membership term on the Everyday Membership 12 Month; (Total minimum cost $415.48 over 12 months).
$11.99 a week for the membership term on the Flexi Membership 1 Month; (Total minimum cost $47.96 over 1 month).
The free time will be added on to the membership with the minimum term commencing after the free time, except for South Australia where the time is included in the minimum term of the membership for the 12 month memberships, normal membership conditions apply thereafter.
Zap Fitness offers members a cooling off period, known as a Breathing Space. The Breathing Space period commences after the Free Time has been applied and expires 7 days after the initial contract date. A member can choose to terminate their membership by written request during the Breathing Space period. A member will be refunded their joining fee should they wish to terminate during this period, provided they comply with the standard requests contained in Zap Fitness’ Terms and Conditions.
The offer only applies to membership agreements entered into between the outlined promotion dates and cannot be run in conjunction with any other offer including but not limited to corporate discounts.
Zap Fitness shall not be liable for any claim, loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for personal injury which is suffered or sustained, except for any liability which cannot be excluded by law and the user of the pass indemnifies Zap Fitness in relation to any claim, loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury which is suffered or sustained.
The new member will be required to complete a 24/7 Induction, waivers and health screening tool prior to their first training session at Zap Fitness. Any minors will be required to have their membership signed by a parent or legal guardian, complete additional waivers & induction, and otherwise comply with the Zap Fitness Age Policy.
Except as set out above, the standard Membership Terms and Conditions for memberships apply.
Dockvest Pty Ltd ACN 009 569 911 (trading as Zap Fitness) (“the Promoter”) is conducting the promotion in selected Zap Fitness clubs in VICTORIA, SOUTH AUSTRALIA and TASMANIA (“Participating Outlets”). The promotion is available to individuals who sign up to Zap Fitness during the period from 9 am on 1 December 2020 until 9 pm on 31st December 2020 (“the Promotional Period”) (“new members”). $0 start up fee for all new members during this promotional period Pay Nothing Until 2021 applies on Everyday and Results 12 & 18 month memberships only from 1st December 2020 to 13th December 2020 “Pay Nothing Up Front” means that no payment is required from the member until the expiry of their Free Time which ends the day before the first billing date in the first week of January. “Free Time” refers to the period of free time offered as part of the promotion or membership where full membership and access rights are granted but no payment is required. After the Free Time period the regular weekly instalment and any administration fees or start up products will start to be deducted from the nominated bank account. The Free Time will not form part ot the minimum term of the membership (other than in South Australia) and the 12 or 18 month membership term will commence from 4 January 2021; If the member chooses to accept their Free Time, they agree that the term of their membership shall be extended by the length of the Free Time. The member will still be required to make payments for a period of 12 or 18 months as per their membership term (other than in South Australia). $9.99 a week for the membership term on the Everyday Membership 18 Month; (Total minimum cost $779.22 over 18 months). $12.99 a week for the membership term on the Results Membership 12 Month; (Total minimum cost $675.48 over 18 months). $14.99 a week for the membership term on the Flexi Membership 1 Month; (Total minimum cost $59.96 over 1 month). Zap Fitness offers members a cooling off period, known as a Breathing Space. The Breathing Space period commences after the Free Time has been applied and expires 7 days after the initial contract date. A member can choose to terminate their membership by written request during the Breathing Space period. A member will be refunded their joining fee should they wish to terminate during this period, provided they comply with the standard requests contained in Zap Fitness’ Terms and Conditions. The offer only applies to membership agreements entered into between the outlined promotion dates and cannot be run in conjunction with any other offer including but not limited to corporate discounts. Zap Fitness shall not be liable for any claim, loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for personal injury which is suffered or sustained, except for any liability which cannot be excluded by law and the user of the pass indemnifies Zap Fitness in relation to any claim, loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury which is suffered or sustained. The new member will be required to complete a 24/7 Induction, waivers and health screening tool prior to their first training session at Zap Fitness. Any minors will be required to have their membership signed by a parent or legal guardian, complete additional waivers & induction, and otherwise comply with the Zap Fitness Age Policy. Except as set out above, the standard Membership Terms and Conditions for memberships apply.
1. Definitions (a) Access FOB means your membership card allowing you to enter the Club. (b) Access FOB Fee means the Access FOB Fee specified in the Agreement. (c) Agreement means this membership agreement made between you and Zap incorporating the documents referred to in clause 2(b). (d) Billing Account means the bank account or credit card nominated by you to have your direct debit Membership Fees deducted from. (e) Club means the Zap gym as specified in your Membership Agreement or any such Club that you use. (f) Club Access FOB means the Access FOB Fee specified in the Agreement. (g) Club Rules mean the Club rules as amended from time to time, which are located at the Club. (h) DD Membership means a weekly membership, with recurring fortnightly direct debit payments. (i) DD Membership Fee means the fortnightly fee payable for the DD Membership . (j) Dishonour Fee means a $30.00 fee. (k) Questionnaire means the pre-workout questionnaire that the member is required to complete prior to using the Club. (l) Zap means Dockvest Pty Ltd CAN 009 569 911 and includes its heirs, estates, agents, representatives, officers, directors, shareholders, successors, affiliates, subsidiaries and employees. (m) Member means the individual who has entered into this Agreement with Zap. (n) Membership Agreement means the form provided to you by Zap requiring you to provide the relevant details to Zap (e.g. name, address, payment card details) relating to your membership. (o) Membership Fees means the fees that are due and payable by you pursuant to this Agreement. (p) Minor – Persons aged 16 years (q) Paid In Full (PIF) Membership means Members that have paid in advance according to the level of PIF membership as specified in this Agreement. (r) Payment Agreement means the Agreement between you and us permitting our Payment Provider to provide the direct debit and credit card payment facilities to you on our behalf in accordance with the Payment Provider’s Direct Debit Service Agreement. (s) Payment Provider means the payment provider specified from time to time by Zap, which is currently Dockvest Pty Ltd unless Zap otherwise specifies. (t) Payment Provider’s Direct Debit Request Service Agreement means the Payment’s Provider’s service agreement provided to you by Zap. (u) Policies means the Zap membership policies as amended from time to time, which are located at www.Zap.com.au and available at your Club on request. (v) Privacy Policy means the Zap privacy policy which is available at www.Zap.com.au or by emailing [email protected] (w) Products means any products that are purchased pursuant to Zap sale of goods terms and conditions. (x) Staffed Hours means the hours for the Club, which are located at the entrance to the Club or at www.Zap.com.au Zap reserves the right to change the Staffed Hours at any time without notice. (aa) Written Notice means notice in writing, given in person, by email or post to the parties’ last known address.
2. Terms and Conditions (a) Your membership is governed by this Agreement. (b) This Agreement incorporates these terms, the Membership Agreement, the Policies, the Club Rules and the Privacy Policy. (c) Accepting this Agreement does not automatically entitle you to a membership as your application may be subject to further review by Zap. (d) Zap reserves the right, in its sole discretion, to amend this Agreement. (e) Zap holds, so far as a provision of this Agreement is for the benefit of a third-party, that provision on trust for the relevant third-party.
3. Membership (a) Nature of Membership Your membership permits you to use Zap’ premises, facilities, equipment and services. Your membership is non-transferable (b) Change to Details You must provide Zap with any changes to your details, which are relevant to your membership in writing. (c) All Club Privileges Subject to clause 18, your membership entitles you to utilise “Zap” branded clubs, as listed on the website subject to any exclusions noted in a promotion offer. (d) Your membership gives you automatic access after 24 hours of joining to any Zap gym listed. Access to one gym only may be limited for a period depending on whether you joined on a promotion.
4. Payments (a) You agree to pay all Membership Fees as set out in this Agreement and agree to be bound by the direct debit terms and conditions as described in the Payment Agreement and the Payment Provider’s Direct Debit Request Service Agreement. (b) For a DD Membership you must make your payments on a fortnightly basis in advance. (c) For a PIF membership, you must pay your membership in advance as indicated by Zap to you. (d) For all memberships you must make payment of the Club Access FOB and pro-rata amount in advance and the balance of the Membership Fees by way of direct debit (or if PIF by way of credit, or EFTPOS). (e) You must provide to Zap, in the form requested by Zap, a Payment Agreement authorising Zap’ Payment Provider to debit the Membership Fee due for each direct debit period from your Billing Account. (f) Zap will endeavor to contact you by phone, sms or email to inform you of any overdue payments. In the event that Zap cannot contact you, it will provide you with Written Notice of overdue payments. (g) A Member will be charged a Dishonour Fee in the event that a fortnightly direct debit payment is dishonoured by their financial institution. (h) A Member will be charged a $30.00 fee if their Access FOB is damaged or lost and requires replacement. (i) Additional fees (being bank charges or administrative charges incurred by the Payment Provider) will apply for any overdue or late payments. (j) If there are repeated failures to meet your payment obligations (other than through the fault of Zap or its Payment Provider), without prejudicing Zap’ rights to recover any overdue payments, your membership may be suspended or terminated by Written Notice to you. (k) You acknowledge and agree that Zap may change its Payment Provider and that Zap and/ or the current Payment Provider may, in their sole discretion, assign or novate all existing Payment Agreements to a new payment provider. In the event that Zap or the current Payment Provider assigns or novates the existing Payment Agreements to a new payment provider, you consent to Zap or the current Payment Provider providing your personal information (including, but not limited to your payment details, to its new payment provider) in accordance with this Agreement and Zap’ Privacy Policy. (l) Zap reserves the right, at any time, to change the Membership Fees charged to Members for use of the Club facilities subject to any lifetime guarantee on membership price agreed to at the time of entering into the Membership Agreement. Zap agrees to use reasonable endeavours 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. We deem receipt to have occurred 2 business days after the Written Notice was sent. At the end of the 30-day period, you authorise Zap and/or the Payment Provider to debit the new amount to your account.
5. Minimum Age a) All Members of Zap must be a minimum of 16 years of age. All members aged 16 and 17 must have a parent or legal guardian agrees to the terms of this Agreement. All 16 and 17 year olds together with parent or legal guardian must attend the Club to obtain a membership . b) Members aged 16 and 17 must comply with the restrictions outlined in the Membership Age Policy available at the Club or on https://zapfitness.com.au/terms/ c) A photograph of the member must be taken and attached to their account for identification purposes. d) All 16 and 17 year olds must complete a safety induction prior to receiving their 24/7 access pass. e) Minors can only use the club facilities during staffed hours only.
6. Access FOB by Non-Members (a) Zap only grants Members, unless otherwise specified in this Agreement, Access FOB to the Club. No Member is permitted to bring a non-Member into the Club. (b) If a Member breaches clause 7(a) 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 Zap; (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 Access FOB Fee, in addition to the DD Membership Fee, will be charged to the Member in the following ways: (1) for a Member who holds a DD Membership, this amount will be deducted from their nominated bank account; and (2) for a Member who holds a PIF Membership, 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) Zap reserves the right to terminate without notice the membership of the Member who brings a non-Member into the Club.
7. Orientation (a) It is a condition of this Agreement that you participate in a scheduled Member orientation program. (b) The orientation focuses on various aspects of the Club including, but not limited to, Club layout, amenities and entry and exit areas. (c) Zap may suspend or terminate this Agreement in the event of unsatisfactory completion of the Club orientation prior to the commencement of exercise. (d) You acknowledge and agree that “Zap” branded clubs may have different equipment and/or a different layout. You acknowledge and represent to Zap that you will seek assistance from Zap personnel before using equipment that is unfamiliar to you.
8. Physical Condition (a) It is your responsibility not to use any equipment which may adversely affect any medical condition. (b) You hereby represent to your Club and Zap and their directors, officers, employees, contractors and agents that, to the best of your knowledge, you do not have any physical, medical or other disability or condition which may be affected or aggravated by, or which may result in any sickness, injury or death to you as a result of, your use of the Club or its facilities. (c) If you have any health or medical concerns now or after you join as a Member of the Club, you must discuss them with your doctor before using the equipment or the Club. (d) You acknowledge that Zap did not give you any medical advice before you used the equipment, and cannot give you any medical advice after you use the equipment.
9. Personal Trainers (a) Contractors and tenants provide some service in Clubs such as personal training, physiotherapy and massage (b) You will need to pay service fees directly to them and we are not responsible for those fees or for any associated costs of refunds. Any service they provide is a contract between them and you and we cannot accept any responsibly for a breach of contractor or negligence. (c) If you make a claim because of something a contractor or tenant has or has not done you claim should be brought against the provider, not Zap. (d) You release Zap from any claim resulting from any act or omission by a contractor or tenant.
10. Pre-Workout Questionnaire (a) It is a condition of membership with Zap that each Member, prior to using the Club, has to complete the Pre-Workout Questionnaire. (b) You will not be permitted to use the Club until you have completed the Pre-Workout Questionnaire. (c) Zap reserves the right to restrict, suspend or terminate your membership if Zap is of the reasonable opinion that you are unfit to utilise the Club on a 24/7 basis. If your membership is restricted or suspended for this reason, your membership will not be reinstated until you provide Zap with a medical certificate confirming that you are fit to train.
11. Video and Audio Surveillance (a) For security purposes, Zap uses video and audio surveillance equipment to monitor the Club on a 24-hour basis. (b) By accepting this Agreement, you acknowledge that by using any “Zap” branded club you will be subject to video and audio surveillance and recording. (c) Video and audio surveillance is limited to the floor area only, and is not within the walls of the bathrooms or assessment rooms.
12. Equipment (a) You understand and acknowledge that Zap purchases or leases the equipment from a third party and therefore does not manufacture any of the fitness or other equipment used in the Club. (b) You understand and acknowledge that Zap is providing recreational services and may not be held liable for defective products or equipment.
13. Liability for Property (a) Zap 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 the Club. (b) If you cause damage to the Club or any equipment you are liable to Zap for its cost of repair or replacement.
14. Release and Indemnity (a) Zap is entitled to ask you to agree to exclude, restrict or modify its liability for death or any personal injury suffered by you on Club premises, or from the use of our facilities or equipment. (b) If you accept this Agreement, you agree to restrict the liability of Zap if you are killed or injured, with the result that compensation may not be payable if you or a third party suffers death or personal injury. (c) Zap may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by accepting this Agreement. Even if you accept this Agreement, you may still have further legal rights against Zap. (d) A parent or legal guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child’s rights.
15. Release and Indemnity (Tasmania) (e) Zap is entitled to ask you to agree to exclude, restrict or modify its liability for death or any personal injury suffered by you on Club premises, or from the use of our facilities or equipment. (f) If you accept this Agreement, you agree to restrict the liability of Zap if you are killed or injured, with the result that compensation may not be payable if you or a third party suffers death or personal injury. (g) Zap may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by accepting this Agreement. Even if you accept this Agreement, you may still have further legal rights against Zap. (h) A parent or legal guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child’s rights.
16. Cooling Off Period (a) All new memberships are subject to a cooling off period of 10 business days. (b) A request for termination of membership during the cooling off period must be made by Written Notice unless this Agreement is defined as an unsolicited consumer agreement under the Australian Consumer Law, in which case termination may be written or oral. (c) For any membership terminated validly during the cooling off period, Zap will refund to you the total of all Membership Fees.
17. Your Right to Terminate or Transfer Your Membership (a) You may terminate your membership at any time on the following basis: (i) You provide a request for termination of your membership in writing to Zap; ad (ii) If your request for termination is for reason of permanent sickness or physical incapacity and this prevents you from using the Club and your request is accompanied by a medical certificate evidencing such permanent sickness or physical incapacity. Zap will not charge you an exit fee in such cases (iii) You can also cancel if you relocate to an area more than 15 kilometers from any Zap Club but you must show a letter from your real estate agent or advice from Australia Post. We will charge you an exit free based on how much of your agreement remains: • up to 6 months – $100 (b) You can transfer your members to another person (transferee) within the minimum term of our 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 and pays a transfer fee equivalent to the startup fee. * has not previously been banned by Zap or failed to pay membership fees.
18. Zap’ Right to Restrict or Terminate Your Membership (a) Zap may restrict your membership (including by limiting Access FOB to other “Zap” branded clubs and for limiting Access FOB to Staffed Hours) at any time on the following basis: (i) concern for the health and/or safety of the Member; or (ii) non-compliance, improper or harmful conduct engaged in by the Member. (b) Zap may terminate your membership at any time on the following basis: (i) you fail to make any payments of your Membership Fees; (ii) Zap reasonably suspects that you are engaging in illegal activity in the Club; (iii) you fail to follow any of the Policies or Club Rules, or violate any part of this Agreement; or (iv) your conduct is improper or harmful to the best interest of Zap Members. (c) In the event that Zap terminates your membership in accordance with clause 18(b), termination will be effective on the date that Zap sends Written Notice. You are liable for all financial obligations until that date. If you are a PIF Member, Zap will not refund any unused portion of your fees. (d) Upon termination of your membership by Zap, your Access FOB to the Club will be deactivated, and Zap has the discretion to deny you Access FOB to any” Zap” branded club. Any money owing to Zap when your membership ends, remains immediately due and payable and Zap will deduct the amount outstanding from any refund which you may be eligible. If there is not enough money to cover the amount owing to Zap, you must pay the balance of the amount owing. (e) Upon termination of your membership by your election, you may continue to use the Club for any period that you have paid in advance. Although you will cease to have Access FOB to the Club once any period you have paid in advance expires you get possession of your Access FOB.. (f) Termination or expiration of this Agreement shall be without prejudice to the rights of each party against the other in respect of anything done or omitted under this Agreement prior to such termination or expiration (g) If you choose to rejoin Zap after your Membership Agreement comes to an end your Access Fob can be.re activated at a cost of $49.90. If you lose your Access Fob then the fee at the time of rejoining will apply.
19. Termination and Unauthorised Cessation of Direct Debit (a) If you terminate the Agreement or stop the automatic debit arrangement in a manner not described in the Agreement, then you may be liable to Zap for any unpaid fees, or fees incurred by Zap.
20. Assignment Zap may assign or novate its rights under this Agreement at any time without prior consent or notice..
21. Risk Warning (a) Zap warns that whilst you are on our premises using our Club and recreational services, you are at risk of suffering physical harm or personal injury including broken bones, soft tissue injuries, joint injuries, permanent disability or death. These injuries may occur from you: (i) slipping on wet flooring; (ii) being struck by weights; (iii) colliding with equipment, or other Members; (iv) engaging in strenuous exercise and activities; or (v) incorrect use of equipment or Club, (b) You acknowledge that any such injury may result not only from your actions but from the action, omission or negligence of others. (c) You acknowledge and agree that the above mentioned injuries and potential causes of injuries are not exhaustive, and there are other unknown or anticipated risks that may result in injury, illness or death. (d) You acknowledge that whilst every attempt is made to ensure that the recreational services and facilities provided by Zap are safe, there are some significant and inherent risks involved, and you agree that you are participating voluntarily at your own risk and responsibility, thereby exposing yourself to certain risks.
1. Definitions (a) Access FOB means your membership card allowing you to enter the Club. (b) Access FOB Fee means the Access FOB Fee specified in the Agreement. (c) Agreement means this membership agreement made between you and Zap incorporating the documents referred to in clause 2(b). (d) Billing Account means the bank account or credit card nominated by you to have your direct debit Membership Fees deducted from. (e) Club means the Zap gym as specified in your Membership Agreement or any such Club that you use. (f) Club Access FOB means the Access FOB Fee specified in the Agreement. (g) Club Rules mean the Club rules as amended from time to time, which are located at the Club. (h) DD Membership means a weekly membership, with recurring fortnightly direct debit payments. (i) DD Membership Fee means the fortnightly fee payable for the DD Membership . (j) Dishonour Fee means a $30.00 fee. (k) Questionnaire means the pre-workout questionnaire that the member is required to complete prior to using the Club. (l) Zap means Dockvest Pty Ltd CAN 009 569 911 and includes its heirs, estates, agents, representatives, officers, directors, shareholders, successors, affiliates, subsidiaries and employees. (m) Member means the individual who has entered into this Agreement with Zap. (n) Membership Agreement means the form provided to you by Zap requiring you to provide the relevant details to Zap (e.g. name, address, payment card details) relating to your membership. (o) Membership Fees means the fees that are due and payable by you pursuant to this Agreement. (p) Minor means members under the age of 16. (q) Paid In Full (PIF) Membership means Members that have paid in advance according to the level of PIF membership as specified in this Agreement. (r) Payment Agreement means the Agreement between you and us permitting our Payment Provider to provide the direct debit and credit card payment facilities to you on our behalf in accordance with the Payment Provider’s Direct Debit Service Agreement. (s) Payment Provider means the payment provider specified from time to time by Zap, which is currently Dockvest Pty Ltd unless Zap otherwise specifies. (t) Payment Provider’s Direct Debit Request Service Agreement means the Payment’s Provider’s service agreement provided to you by Zap. (u) Policies means the Zap membership policies as amended from time to time, which are located at www.Zap.com.au and available at your Club on request. (v) Privacy Policy means the Zap privacy policy which is available at www.Zap.com.au or by emailing [email protected] (w) Products means any products that are purchased pursuant to Zap sale of goods terms and conditions. (x) Staffed Hours means the hours for the Club, which are located at the entrance to the Club or at www.Zap.com.au Zap reserves the right to change the Staffed Hours at any time without notice. (y) Written Notice means notice in writing, given in person, by email or post to the parties’ last known address.
2. Terms and Conditions (a) Your membership is governed by this Agreement. (b) This Agreement incorporates these terms, the Membership Agreement, the Policies, the Club Rules and the Privacy Policy. (c) Accepting this Agreement does not automatically entitle you to a membership as your application may be subject to further review by Zap. (d) Zap reserves the right, in its sole discretion, to amend this Agreement. (e) Zap holds, so far as a provision of this Agreement is for the benefit of a third-party, that provision on trust for the relevant third-party.
3. Membership (a) Nature of Membership Your membership permits you to use Zap’ premises, facilities, equipment and services. Your membership is non-transferable (b) Change to Details You must provide Zap with any changes to your details, which are relevant to your membership in writing. (c) All Club Privileges Subject to clause 18, your membership entitles you to utilise “Zap” branded clubs, as listed on the website subject to any exclusions noted in a promotion offer. (d) Your membership gives you automatic access after 24 hours of joining to any Zap gym listed. (e) Access to one gym only may be limited for a period depending on whether you joined on a promotion.
4.Payments a) You agree to pay all Membership Fees as set out in this Agreement and agree to be bound by the direct debit terms and conditions as described in the Payment Agreement and the Payment Provider’s Direct Debit Request Service Agreement. b) For a DD Membership you must make your payments on a fortnightly basis in advance. c) For a PIF membership, you must pay your membership in advance as indicated by Zap to you. d) For all memberships you must make payment of the Club Access FOB and pro-rata amount in advance and the balance of the Membership Fees by way of direct debit (or if PIF by way of credit, or EFTPOS). e) You must provide to Zap, in the form requested by Zap, a Payment Agreement authorising Zap’ Payment Provider to debit the Membership Fee due for each direct debit period from your Billing Account. f) Zap will endeavor to contact you by phone, sms or email to inform you of any overdue payments. In the event that Zap cannot contact you, it will provide you with Written Notice of overdue payments. g) A Member will be charged a Dishonour Fee in the event that a fortnightly direct debit payment is dishonoured by their financial institution. h) A Member will be charged a $30.00 fee if their Access FOB is damaged or lost and requires replacement. i) Additional fees (being bank charges or administrative charges incurred by the Payment Provider) will apply for any overdue or late payments. j) If there are repeated failures to meet your payment obligations (other than through the fault of Zap or its Payment Provider), without prejudicing Zap’ rights to recover any overdue payments, your membership may be suspended or terminated by Written Notice to you. k) You acknowledge and agree that Zap may change its Payment Provider and that Zap and/ l) or the current Payment Provider may, in their sole discretion, assign or novate all existing Payment Agreements to a new payment provider. In the event that Zap or the current Payment Provider assigns or novates the existing Payment Agreements to a new payment provider, you consent to Zap or m) the current Payment Provider providing your personal information (including, but not limited to your payment details, to its new payment provider) in accordance with this Agreement and Zap’ Privacy Policy. n) Zap reserves the right, at any time, to change the Membership Fees charged to Members for use of the Club facilities subject to any lifetime guarantee on membership price agreed to at the time of entering into the Membership Agreement. Zap agrees to use reasonable endeavours 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. We deem receipt to have occurred 2 business days after the Written Notice was sent. At the end of the 30-day period, you authorise Zap and/or the Payment Provider to debit the new amount to your account.
5. Minimum Age a) All Members of Zap must be a minimum of 16 years of age. All Minors must have a parent or legal guardian agree to the terms of this Agreement. All Minors must attend the Club to obtain a membership. c) Minors aged 16-17 years of age must comply with the restrictions outlined in the Membership Age Policy available at the Club or on Zap.com.au
6. Access FOB by Non-Members a) Zap only grants Members, unless otherwise specified in this Agreement, Access FOB to the Club. No Member is permitted to bring a non-Member into the Club. b) If a Member breaches clause 7(a) 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 Zap; (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 Access FOB Fee, in addition to the DD Membership Fee, will be charged to the Member in the following ways: (1) for a Member who holds a DD Membership, this amount will be deducted from their nominated bank account; and (2) for a Member who holds a PIF Membership, 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) Zap reserves the right to terminate without notice the membership of the Member who brings a non-Member into the Club.
7. Orientation a) It is a condition of this Agreement that you participate in a scheduled Member orientation program. b) The orientation focuses on various aspects of the Club including, but not limited to, Club layout, amenities and entry and exit areas. c) Zap may suspend or terminate this Agreement in the event of unsatisfactory completion of the Club orientation prior to the commencement of exercise. d) You acknowledge and agree that “Zap” branded clubs may have different equipment and/or a different layout. You acknowledge and represent to Zap that you will seek assistance from Zap personnel before using equipment that is unfamiliar to you.
8. Physical Condition a) It is your responsibility not to use any equipment which may adversely affect any medical condition. b) You hereby represent to your Club and Zap and their directors, officers, employees, contractors and agents that, to the best of your knowledge, you do not have any physical, medical or other disability or condition which may be affected or aggravated by, or which may result in any sickness, injury or death to you as a result of, your use of the Club or its facilities. c) If you have any health or medical concerns now or after you join as a Member of the Club, you must discuss them with your doctor before using the equipment or the Club. d) You acknowledge that Zap did not give you any medical advice before you used the equipment, and cannot give you any medical advice after you use the equipment.
9.Personal Trainers a) Contractors and tenants provide some service in Clubs such as personal training, physiotherapy and massage b) You will need to pay service fees directly to them and we are not responsible for those fees or for any associated costs of refunds. Any service they provide is a contract between them and you and we cannot accept any responsibly for a breach of contractor or negligence. c) If you make a claim because of something a contractor or tenant has or has not done you claim should be brought against the provider, not Zap. d) You release Zap from any claim resulting from any act or omission by a contractor or tenant.
10.Pre-Workout Questionnaire a) It is a condition of membership with Zap that each Member, prior to using the Club, has to complete the Pre-Workout Questionnaire. b) You will not be permitted to use the Club until you have completed the Pre-Workout Questionnaire. c) Zap reserves the right to restrict, suspend or terminate your membership if Zap is of the reasonable opinion that you are unfit to utilise the Club on a 24/7 basis. If your membership is restricted or suspended for this reason, your membership will not be reinstated until you provide Zap with a medical certificate confirming that you are fit to train.
11.Video and Audio Surveillance a) For security purposes, Zap uses video and audio surveillance equipment to monitor the Club on a 24-hour basis. b) By accepting this Agreement, you acknowledge that by using any “Zap” branded club you will be subject to video and audio surveillance and recording. c) Video and audio surveillance is limited to the floor area only, and is not within the walls of the bathrooms or assessment rooms.
12.Equipment a) You understand and acknowledge that Zap purchases or leases the equipment from a third party and therefore does not manufacture any of the fitness or other equipment used in the Club. b) You understand and acknowledge that Zap is providing recreational services and may not be held liable for defective products or equipment.
13.Liability for Property a) Zap 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 the Club. b) If you cause damage to the Club or any equipment you are liable to Zap for its cost of repair or replacement.
14.Release and Indemnity a) Zap is entitled to ask you to agree to exclude, restrict or modify its liability for death or any personal injury suffered by you on Club premises, or from the use of our facilities or equipment. b) If you accept this Agreement, you agree to restrict the liability of Zap if you are killed or injured, with the result that compensation may not be payable if you or a third party suffers death or personal injury. c) Zap may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by accepting this Agreement. Even if you accept this Agreement, you may still have further legal rights against Zap. d) A parent or legal guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child’s rights.
15.Release and Indemnity (Victoria) a) Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you — (i)are rendered with due care and skill; and (ii)are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and (iii)might reasonably be expected to achieve any result you have made known to the supplier. b) 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. If you accept 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. c) You accept that your use of the facilities provided by Zap or at any “Zap” branded club is at your own risk and you acknowledge that the use of the facilities may involve risk or injury, whether caused by you or another party. By accepting this agreement, you agree that Zap will not be liable for any personal injury suffered on club premises, or from using our facilities or equipment.
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.
16.Cooling Off Period a) All new memberships are subject to a cooling off period of 10 business days. b) A request for termination of membership during the cooling off period must be made by Written Notice unless this Agreement is defined as an unsolicited consumer agreement under the Australian Consumer Law, in which case termination may be written or oral. c) For any membership terminated validly during the cooling off period, Zap will refund to you the total of all Membership Fees.
17.Your Right to Terminate Your Membership a) You may terminate your membership at any time on the following basis: (i) You provide a request for termination of your membership in writing to Zap. (ii) If your request for termination is for reason of permanent sickness or physical incapacity and this prevents you from using the Club: A. your request must be accompanied by a medical certificate evidencing such permanent sickness or physical incapacity; and B. there will be a refund of any unused Membership Fees. (iii) In the event of death, your estate must provide written evidence in the form of a death certificate and all unused Membership Fees will be refunded. (iv) If your request for termination is for reasons other than permanent sickness or physical incapacity: b) in relation to DD Memberships: (1) you may terminate your membership at any time; (2) you must provide Zap with Written Notice of termination with Zap processing your termination as follows: (a) Written Notices received before 5pm on a Business Day will be actioned that Business Day or (b) Written Notices received after 5pm or on a day other than a Business Day will be actioned the next Business Day; and; (3) the Member will not incur any financial obligations under this Agreement on and from the date that the Written Notice has been processed and accepted by Zap and the Member has a right to continue attending the Club until the Member’s pre-paid period expires. c) in relation to PIF Members: (1) you may not terminate the membership during the prepaid period (or get a refund), unless you suffer from a permanent sickness or physical incapacity as described in clause 17(a)(ii); and (2) if you do not renew your PIF membership by the renewal date, your membership will automatically expire.
18.Zap’ Right to Restrict or Terminate Your Membership a) Zap may restrict your membership (including by limiting Access FOB to other “Zap” branded clubs and for limiting Access FOB to Staffed Hours) at any time on the following basis: i. concern for the health and/or safety of the Member; or ii. non-compliance, improper or harmful conduct engaged in by the Member. b) Zap may terminate your membership at any time on the following basis: i. you fail to make any payments of your Membership Fees; ii. Zap reasonably suspects that you are engaging in illegal activity in the Club; iii. you fail to follow any of the Policies or Club Rules, or violate any part of this Agreement; or iv. your conduct is improper or harmful to the best interest of Zap Members. c) In the event that Zap terminates your membership in accordance with clause 18(b), termination will be effective on the date that Zap sends Written Notice. You are liable for all financial obligations until that date. If you are a PIF Member, Zap will not refund any unused portion of your fees. d) Upon termination of your membership by Zap, your Access FOB to the Club will be deactivated, and Zap has the discretion to deny you Access FOB to any” Zap” branded club. Any money owing to Zap when your membership ends, remains immediately due and payable and Zap will deduct the amount outstanding from any refund which you may be eligible. If there is not enough money to cover the amount owing to Zap, you must pay the balance of the amount owing. e) Upon termination of your membership by your election, you may continue to use the Club for any period that you have paid in advance. Although you will cease to have Access FOB to the Club once any period you have paid in advance expires you get possession of your Access FOB. f) Termination or expiration of this Agreement shall be without prejudice to the rights of each party against the other in respect of anything done or omitted under this Agreement prior to such termination or expiration g) If you choose to rejoin Zap after your Membership Agreement comes to an end your Access Fob can be.re activated at a cost of $49.90. If you lose your Access Fob then the fee at the time of rejoining will apply.
19.Termination and Unauthorised Cessation of Direct Debit a) If you terminate the Agreement or stop the automatic debit arrangement in a manner not described in the Agreement, then you may be liable to Zap for any unpaid fees, or fees incurred by Zap.
20.Assignment Zap may assign or novate its rights under this Agreement at any time without prior consent or notice.
21.Risk Warning a) Zap warns that whilst you are on our premises using our Club and recreational services, you are at risk of suffering physical harm or personal injury including broken bones, soft tissue injuries, joint injuries, permanent disability or death. These injuries may occur from you: i. slipping on wet flooring; ii. being struck by weights; iii. colliding with equipment, or other Members; iv. engaging in strenuous exercise and activities; or v. incorrect use of equipment or Club, b) You acknowledge that any such injury may result not only from your actions but from the action, omission or negligence of others. c) You acknowledge and agree that the above mentioned injuries and potential causes of injuries are not exhaustive, and there are other unknown or anticipated risks that may result in injury, illness or death. d) You acknowledge that whilst every attempt is made to ensure that the recreational services and facilities provided by Zap are safe, there are some significant and inherent risks involved, and you agree that you are participating voluntarily at your own risk and responsibility, thereby exposing yourself to certain risks.
1. Definitions (a) Access FOB means your membership card allowing you to enter the Club. (b) Access FOB Fee means the Access FOB Fee specified in the Agreement. (c) Agreement means this membership agreement made between you and Zap incorporating the documents referred to in clause 2(b). (d) Billing Account means the bank account or credit card nominated by you to have your direct debit Membership Fees deducted from. (e) Club means the Zap gym as specified in your Membership Agreement or any such Club that you use. (f) Club Access FOB means the Access FOB Fee specified in the Agreement. (g) Club Rules mean the Club rules as amended from time to time, which are located at the Club. (h) DD Membership means a weekly membership, with recurring fortnightly direct debit payments. (i) DD Membership Fee means the fortnightly fee payable for the DD Membership. (j) Dishonour Fee means a $10.00 fee. (k) Questionnaire means the pre-workout questionnaire that the member is required to complete prior to using the Club. (l) Zap means Dockvest Pty Ltd ACN 009 569 911 and includes its heirs, estates, agents, representatives, officers, directors, shareholders, successors, affiliates, subsidiaries and employees. (m) Member means the individual who has entered into this Agreement with Zap. (n) Membership Agreement means the form provided to you by Zap requiring you to provide the relevant details to Zap (e.g. name, address, payment card details) relating to your membership. (o) Membership Fees means the fees that are due and payable by you pursuant to this Agreement. (p) Minor means members under the age of 16. (q) Paid In Full (PIF) Membership means Members that have paid in advance according to the level of PIF membership as specified in this Agreement. (r) Payment Agreement means the Agreement between you and us permitting our Payment Provider to provide the direct debit and credit card payment facilities to you on our behalf in accordance with the Payment Provider’s Direct Debit Service Agreement. (s) Payment Provider means the payment provider specified from time to time by Zap, which is currently Ezidebit unless Zap otherwise specifies. (t) Payment Provider’s Direct Debit Request Service Agreement means the Payment’s Provider’s service agreement provided to you by Zap. (u) Policies means the Zap membership policies as amended from time to time, which are located at www.zapfitness.com.au and available at your Club on request. (v) Privacy Policy means the Zap privacy policy which is available at www.zapfitness.com.au or by emailing [email protected] (w) Products means any products that are purchased pursuant to Zap sale of goods terms and conditions. (x) Staffed Hours means the hours for the Club, which are located at the entrance to the Club or at www.Zap.com.au (y) Zap reserves the right to change the Staffed Hours at any time without notice. (z) Written Notice means notice in writing, given in person, by email or post to the parties’ last known address.
2. Terms and Conditions (a) Your membership is governed by this Agreement. (b) This Agreement incorporates these terms, the Membership Agreement, the Policies, the Club Rules and the Privacy Policy. (c) Accepting this Agreement does not automatically entitle you to a membership as your application may be subject to further review by Zap. (d) Zap reserves the right, in its sole discretion, to amend this Agreement. (e) Zap holds, so far as a provision of this Agreement is for the benefit of a third-party, that provision on trust for the relevant third party.
3. Membership (a) Nature of Membership Your membership permits you to use Zap’ premises, facilities, equipment and services. Your membership is non-transferable (b) Change to Details You must provide Zap with any changes to your details, which are relevant to your membership in writing. (c) All Club Privileges Subject to clause 18, your membership entitles you to utilise “Zap” branded clubs, as listed on the website subject to any exclusions noted in a promotion offer. (d) Your membership gives you automatic access after 24 hours of joining to any Zap gym listed.
4. Payments (a) You agree to pay all Membership Fees as set out in this Agreement and agree to be bound by the direct debit terms and conditions as described in the Payment Agreement and the Payment Provider’s Direct Debit Request Service Agreement. (b) For a DD Membership you must make your payments on a fortnightly basis in advance. (c) For a PIF membership, you must pay your membership in advance as indicated by Zap to you. (d) For all memberships you must make payment of the Club Access FOB and pro-rata amount in advance and the balance of the Membership Fees by way of direct debit (or if PIF by way of credit,cash or EFTPOS). (e) You must provide to Zap, in the form requested by Zap, a Payment Agreement authorising Zap’ Payment Provider to debit the Membership Fee due for each direct debit period from your Billing Account. (f) Zap will endeavor to contact you by phone, sms or email to inform you of any overdue payments. In the event that Zap cannot contact you, it will provide you with Written Notice of overdue payments. (g) A Member will be charged a Dishonour Fee in the event that a fortnightly direct debit payment is dishonoured by their financial institution. (h) A Member will be charged a $30.00 fee if their Access FOB is damaged or lost and requires replacement. (i) Additional fees (being bank charges or administrative charges incurred by the Payment Provider) will apply for any overdue or late payments. (j) If there are repeated failures to meet your payment obligations (other than through the fault of Zap or its Payment Provider), without prejudicing Zap’ rights to recover any overdue payments, your membership may be suspended or terminated by Written Notice to you. (k) You acknowledge and agree that Zap may change its Payment Provider and that Zap and/ (l) or the current Payment Provider may, in their sole discretion, assign or novate all existing Payment Agreements to a new payment provider. In the event that Zap or the current Payment Provider assigns or novates the existing Payment Agreements to a new payment provider, you consent to Zap or (m) the current Payment Provider providing your personal information (including, but not limited to your payment details, to its new payment provider) in accordance with this Agreement and Zap’ Privacy Policy. (n) Zap reserves the right, at any time, to change the Membership Fees charged to Members for use of the Club facilities subject to any lifetime guarantee on membership price agreed to at the time of entering into the Membership Agreement. Zap agrees to use reasonable endeavours 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. We deem receipt to have occurred 2 business days after the Written Notice was sent. At the end of the 30- day period, you authorise Zap and/or the Payment Provider to debit the new amount to your account.
5. Minimum Age (a) All Members of Zap must be a minimum of 16 years of age. All Minors must have a parent or legal guardian agree to the terms of this Agreement. All Minors must attend the Club to obtain a membership. (c) Minors aged 16-17 years of age must comply with the restrictions outlined in the Membership Age Policy available at the Club or on Zap.com.au
6. Access FOB by Non-Members (a) Zap only grants Members, unless otherwise specified in this Agreement, Access FOB to the Club. No Member is permitted to bring a non-Member into the Club. (b) If a Member breaches clause 7(a) 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 Zap; (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 Access FOB Fee, in addition to the DD Membership Fee, will be charged to the Member in the following ways: 1) for a Member who holds a DD Membership, this amount will be deducted from their nominated bank account; and 2) for a Member who holds a PIF Membership, 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) Zap reserves the right to terminate without notice the membership of the Member who brings a non-Member into the Club.
7. Orientation (a) It is a condition of this Agreement that you participate in a scheduled Member orientation program. (b) The orientation focuses on various aspects of the Club including, but not limited to, Club layout, amenities and entry and exit areas. (c) Zap may suspend or terminate this Agreement in the event of unsatisfactory completion of the Club orientation prior to the commencement of exercise. (d) You acknowledge and agree that “Zap” branded clubs may have different equipment and/or a different layout. You acknowledge and represent to Zap that you will seek assistance from Zap personnel before using equipment that is unfamiliar to you.
8. Physical Condition (a) It is your responsibility not to use any equipment which may adversely affect any medical condition. (b) You hereby represent to your Club and Zap and their directors, officers, employees, contractors and agents that, to the best of your knowledge, you do not have any physical, medical or other disability or condition which may be affected or aggravated by, or which may result in any sickness, injury or death to you as a result of, your use of the Club or its facilities. (c) If you have any health or medical concerns now or after you join as a Member of the Club, you must discuss them with your doctor before using the equipment or the Club. (d) You acknowledge that Zap did not give you any medical advice before you used the equipment, and cannot give you any medical advice after you use the equipment.
9. Personal Trainers (a) Contractors and tenants provide some service in Clubs such as personal training, physiotherapy and massage (b) You will need to pay service fees directly to them and we are not responsible for those fees or for any associated costs of refunds. Any service they provide is a contract between them and you and we cannot accept any responsibly for a breach of contractor or negligence. (c) If you make a claim because of something a contractor or tenant has or has not done you claim should be brought against the provider, not Zap. (d) You release Zap from any claim resulting from any act or omission by a contractor or tenant.
10. Pre-Workout Questionnaire (a) It is a condition of membership with Zap that each Member, prior to using the Club, has to complete the Pre-Workout Questionnaire. (b) You will not be permitted to use the Club until you have completed the Pre-Workout Questionnaire. (c) Zap reserves the right to restrict, suspend or terminate your membership if Zap is of the reasonable opinion that you are unfit to utilise the Club on a 24/7 basis. If your membership is restricted or suspended for this reason, your membership will not be reinstated until you provide Zap with a medical certificate confirming that you are fit to train.
11. Video and Audio Surveillance (a) For security purposes, Zap uses video and audio surveillance equipment to monitor the Club on a 24-hour basis. (b) By accepting this Agreement, you acknowledge that by using any “Zap” branded club you will be subject to video and audio surveillance and recording. (c) Video and audio surveillance is limited to the floor area only, and is not within the walls of the bathrooms or assessment rooms. 12. Equipment (a) You understand and acknowledge that Zap purchases or leases the equipment from a third party and therefore does not manufacture any of the fitness or other equipment used in the Club. (b) You understand and acknowledge that Zap is providing recreational services and may not be held liable for defective products or equipment.
13. Liability for Property (a) Zap 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 the Club. (b) If you cause damage to the Club or any equipment you are liable to Zap for its cost of repair or replacement.
14. Release and Indemnity (a) Zap is entitled to ask you to agree to exclude, restrict or modify its liability for death or any personal injury suffered by you on Club premises, or from the use of our facilities or equipment. (b) If you accept this Agreement, you agree to restrict the liability of Zap if you are killed or injured, with the result that compensation may not be payable if you or a third party suffers death or personal injury. (c) Zap may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by accepting this Agreement. Even if you accept this Agreement, you may still have further legal rights against Zap. (d) A parent or legal guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child’s rights.
15. Release and Indemnity (South Australia) (a) Your rights: Under sections 60 and 61 of the Australian Consumer Law (SA), if a person in trade or commerce supplies you with services (including recreational services), there is — (i) a statutory guarantee that those services will be rendered with due care and skill; and (ii) a statutory guarantee that those services, and any product resulting from those services, will be reasonably fit for the purpose for which the services are being acquired (as long as that purpose is made known to the supplier); and (iii) a statutory guarantee that those services, and any product resulting from those services, will be of such a nature, and quality, state or condition, that they might reasonably be expected to achieve the result that the consumer wishes to achieve (as long as that wish is made known to the supplier or a person with whom negotiations have been conducted in relation to the acquisition of the services). (b) Excluding, restricting or modifying your rights: Under section 42 of the Fair Trading Act 1987, the supplier of recreational services is entitled to ask you to agree to exclude, restrict or modify his or her liability for any personal injury suffered by you or another person for whom or on whose behalf you are acquiring the services (a third party consumer). If you accept this Agreement, you will be agreeing to exclude, restrict or modify the supplier’s liability with the result that compensation may not be payable if you or the third party consumer suffer personal injury. (c) Important: (i) You do not have to agree to exclude, restrict or modify your rights by agreeing to this Agreement. (ii) The supplier may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by agreeing to this Agreement. (iii) Even if you agree to this Agreement, you may still have further legal rights against the supplier. A child under the age of 18 cannot legally agree to exclude, restrict or modify his or her rights. (iv) A parent or guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child’s rights. (d) Agreement to exclude, restrict or modify your rights: You agree that the liability of Zap for any personal injury that may result from the supply of the recreational services that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) is — (i) excluded; (ii) restricted as set out in this Agreement; and (iii) modified as set out in this Agreement. (e) Definitions: (i) Recreational services are services that consist of participation in — • a sporting activity or similar leisure-time pursuit; or • any other activity that involves a significant degree of physical exertion or risk and is undertaken for the purposes of recreation, enjoyment or leisure. (ii) Personal injury is bodily injury and includes mental and nervous shock and death. (f) Further information: Further information about your rights can be found at www.ocba.sa.gov.au (g) You use the facilities provided by Zap at the Club at your own risk and acknowledge that the use of the Club may involve risk of injury, whether caused by you or another party. By accepting this Agreement you agree that Zap will not be liable for any loss, injury, damage or theft of property, belonging to or brought onto Club premises by you, or for any death, personal injury or illness on Club premises, or from using our facilities or equipment. This release does not apply if your death or injury results from gross negligence on our part.
16. Cooling Off Period (a) All new memberships are subject to a cooling off period of 10 business days. (b) A request for termination of membership during the cooling off period must be made by Written Notice unless this Agreement is defined as an unsolicited consumer agreement under the Australian Consumer Law, in which case termination may be written or oral. (c) For any membership terminated validly during the cooling off period, Zap will refund to you the total of all Membership Fees.
17. Your Right to Terminate Your Membership (a) You may terminate your membership at any time on the following basis: (i) You provide a request for termination of your membership in writing to Zap. (ii) If your request for termination is for reason of permanent sickness or physical incapacity and this prevents you from using the Club: A. your request must be accompanied by a medical certificate evidencing such permanent sickness or physical incapacity; and B. there will be a refund of any unused Membership Fees. (iii) In the event of death, your estate must provide written evidence in the form of a death certificate and all unused Membership Fees will be refunded. (iv) If your request for termination is for reasons other than permanent sickness or physical incapacity: (A) in relation to DD Memberships: (1) you may terminate your membership at any time; (2) you must provide Zap with Written Notice of termination with Zap processing your termination as follows: (a) Written Notices received before 5pm on a Business Day will be actioned that Business Day or (b) Written Notices received after 5pm or on a day other than a Business Day will be actioned the next Business Day; and; (3) the Member will not incur any financial obligations under this Agreement on and from the date that the Written Notice has been processed and accepted by Zap and the Member has a right to continue attending the Club until the Member’s pre-paid period expires. (B) in relation to PIF Members: (1) you may not terminate the membership during the prepaid period (or get a refund), unless you suffer from a permanent sickness or physical incapacity as described in clause 17(a)(ii); and (2) if you do not renew your PIF membership by the renewal date, your membership will automatically expire.
18. Zap’ Right to Restrict or Terminate Your Membership (a) Zap may restrict your membership (including by limiting Access FOB to other “Zap” branded clubs and for limiting Access FOB to Staffed Hours) at any time on the following basis: (i) concern for the health and/or safety of the Member; or (ii) non-compliance, improper or harmful conduct engaged in by the Member. (b) Zap may terminate your membership at any time on the following basis: (i) you fail to make any payments of your Membership Fees; (ii) Zap reasonably suspects that you are engaging in illegal activity in the Club; (iii) you fail to follow any of the Policies or Club Rules, or violate any part of this Agreement; or (iv) your conduct is improper or harmful to the best interest of Zap Members. (c) In the event that Zap terminates your membership in accordance with clause 18(b), termination will be effective on the date that Zap sends Written Notice. You are liable for all financial obligations until that date. If you are a PIF Member, Zap will not refund any unused portion of your fees. (d) Upon termination of your membership by Zap, your Access FOB to the Club will be deactivated, and Zap has the discretion to deny you Access FOB to any” Zap” branded club. Any money owing to Zap when your membership ends, remains immediately due and payable and Zap will deduct the amount outstanding from any refund which you may be eligible. If there is not enough money to cover the amount owing to Zap, you must pay the balance of the amount owing. (e) Upon termination of your membership by your election, you may continue to use the Club for any period that you have paid in advance. Although you will cease to have Access FOB to the Club once any period you have paid in advance expires you get possession of your Access FOB.. (f) Termination or expiration of this Agreement shall be without prejudice to the rights of each party against the other in respect of anything do or omitted under this Agreement prior to such termination or expiration (g) If you choose to rejoin Zap after your Membership Agreement comes to an end your Access Fob can be reactivated at a cost of $49.90. If you lose your Access Fob then the fee at the time of rejoining will apply.
19. Termination and Unauthorised Cessation of Direct Debit If you terminate the Agreement or stop the automatic debit arrangement in a manner not described in the Agreement, then you may be liable to Zap for any unpaid fees, or fees incurred by Zap.
20. Assignment Zap may assign or novate its rights under this Agreement at any time without prior consent or notice.
21. Risk Warning (a) Zap warns that whilst you are on our premises using our Club and recreational services, you are at risk of suffering physical harm or personal injury including broken bones, soft tissue injuries, joint injuries, permanent disability or death. These injuries may occur from you: (i) slipping on wet flooring; (ii) being struck by weights; (iii) colliding with equipment, or other Members; (iv) engaging in strenuous exercise and activities; or (v) incorrect use of equipment or Club, (b) You acknowledge that any such injury may result not only from your actions but from the action, omission or negligence of others. (c) You acknowledge and agree that the above mentioned injuries and potential causes of injuries are not exhaustive, and there are other unknown or anticipated risks that may result in injury, illness or death. (d) You acknowledge that whilst every attempt is made to ensure that the recreational services and facilities provided by Zap are safe, there are some significant and inherent risks involved, and you agree that you are participating voluntarily at your own risk and responsibility, thereby exposing yourself to certain risks.
This Schedule sets out the terms and conditions which govern the Zap Instagram Competition (Game of Skill). The Schedule must be read together with the Terms and Conditions of Entry (which follow this Schedule).
Promotion Name
Zap Instagram Competition
Game Type
This is a game of skill based on skill only with no fee for entry.Entrants are required to follow the Entry Process below to participate in the Competition. Entrants must comply with the below entry terms to be eligible to participate in the competition.
Promoter
Dockvest Pty Ltd Level 3, 55 Grafton St, Bondi Junction NSW (ABN:82 009 569 911
Relevant State(s)
TAS, VIC & SA only
Promotion Period
The Promotion starts at 12:00pm AEDT Tuesday 8 December 2020.The Promotion closes at 12:00pm AEDT Thursday 17 December 2020.
Eligible Persons
An individual is an Eligible Person if they are: 1) Over 16 years old; and 2) An Australian resident.Directors, management, employees, officers and contractors of the Promoter who are directly involved in the management of the Promotion (and their Immediate Families) or of the agencies or organisations associated with this Promotion are ineligible to enter. Immediate Families means spouse, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the director, manager, employee, officer or contractor.
Entry Procedure
There is one method of entry into the competition.
Followers of the Zap Instagram (zap_fit) need to tag two friends and comment on their fitness goals for 2021 in 25 words or less.
Winners will be selected on quality of answer by a representative from the Zap marketing team. Quality will be based on the following criteria: Most inspiring, creative and innovative goal. One prize pack to be won.
Entry Restrictions
The entrant is responsible for having full and ongoing access to their email account.Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. The Promoter will consider entries received final. Incomplete, inaccurate, erroneous, ineligible or incomprehensible entries will be deemed invalid. The Promoter accepts no responsibility for late, lost or misdirected entries.Entrants can only enter the promotion in their own name. Entrants who provide incorrect, misleading or fraudulent information are ineligible to participate in the competition and all entries of that entrant, at the sole discretion of the Promoter, may be deemed invalid. Entries must be submitted in English.Internet and data charges apply and is the responsibility of the entrant.In the instance where a person enters more than once, the Promoter reserves the right to render all entries submitted by that entrant invalid. Entrants must be willing to have their name and state published on the Promoter’s Facebook page, Instagram, Twitter or other publication.The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these terms and conditions or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion including without limitation :a) Entrants who swipe to access one or multiple clubs, without conducting the required training sessions; orb) Entrants who offer any type of compensation (monetary or otherwise) in exchange for a prize.
Maximum Number of Entries per Entrant
One entry per person.
Judging
Entries will be drawn by the Zap Marketing Team.Draw will occur on 20 December 2020.
On conclusion of the promotion, a representative from the Zap Marketing Team will select the winning entry at Level 3, 55 Grafton St Bondi Junction NSW 2022.
The winner will be the person whose answer most inspires the Zap Marketing Team with their most inspiring, creative and innovative goal for overall health.
Verification Requirements
The winner will be required to verify their identity and provide proof of age prior to receiving their prize. Identification considered suitable for verification is at the Promoter’s reasonable discretion.
Prize Details
There is one (1) major prize to be won.
Prize pack includes
1 x Fitbit Inspire HR Smartwatch
12 x Grenade Carb Killa Biscuits and 24 x Grenade Protein Bars
1 x Jaybird Vista Headphones
1 x 3 Month Zap Gym Membership
1 x $250 Ryderwear Gift Voucher
Total prize pool: approximately $1208.54
Prize value is the recommended retail value as provided by the supplier; is in Australian dollars and is correct at competition launch date 8 December 2020.
Prize Restrictions (if any)
The 3-month Zap membership is non-transferrable, non-refundable and can be added to the account of existing members
A tax invoice or receipt will not be issued to the Winner.The prize is non-transferrable and cannot be exchanged or redeemed for cash.The Winner agrees to make themselves available for publicity opportunities at the discretion of the Promoter after the collection of the Prize.
Notification of Winners
The winner will be notified via telephone or email and published via website (landing page tbc) no later than 31 January 2021. The Promoter will make all reasonable attempts to contact the winner.
Prize Claim Date
Prize must be redeemed by 15 February 2021. If the Prize is not redeemed by 15 February 2021, the Promoter will issue the Prize to the first runner up.
Claim Instructions
The Prize will be sent to the winner’s nominated address after validation and acceptance of Prize.
Privacy
By entering the competition, the entrant consents to receipt of any email regarding the competition from the Promoter. All entries become the property of the Promoter. The collection, use and disclosure of personal information provided in connection with this competition are governed by these Terms and Conditions.If an entrant does not truthfully provide all requested personal information, the Promoter may determine that the entrant is not eligible to win a Prize.
TRADE PROMOTIONTERMS AND CONDITIONS OF ENTRY
1. These Terms and Conditions incorporate and must be read together with the Schedule for the Promotion. The Schedule prevails to the extent of any inconsistencies with these Terms and Conditions. Entry into this Promotion constitutes acceptance of these Terms and Conditions.
2. The Promoter is Dockvest Pty Ltd , Level 3,55 Grafton St, Bondi Junction NSW. (ABN: 82 009 569 911).
3. Any capitalised terms used in these Terms and Conditions have the meaning given in the Schedule, except where stated otherwise. Unless the contrary intention appears, a reference in these terms to the word “person” includes an individual, a firm, a body corporate, a partnership, a joint venture, an unincorporated body or association, or any government agency or entity.
ELIGIBILITY TO ENTER
4. Entry to the Promotion is open to residents of the Relevant State(s) who are Eligible Persons as described in the Schedule and meet the Entry Restrictions (if any).
ENTRY
5. The Promotion will be conducted during the Promotion Period. To enter the Promotion, entrants must complete the Entry Procedure during the Promotion Period.
6. Entries may only be submitted in accordance with the Entry Procedure and will not be accepted by the Promoter in any other form. Computer generated or other automated entries will not be accepted.
7. All valid entries received during the Promotion Period will be entered in the Promotion, and the prize draw, if the Promotion is a game of chance.
8. Once submitted, Entrants cannot alter or delete their entry.
9. Entrants may enter the Promotion up to the Maximum Number of Entries. Multiple entries (where permitted) must be submitted separately and must each separately meet any product purchase requirement specified in the Entry Procedure (if applicable). Excess entries will be deemed invalid.
10. Entries must be received by the Promoter during the Promotion Period. Email and electronic entries are deemed to have been received at the time of receipt into the Promoter's database and not at the time of transmission by the entrant.
11. If the Promotion involves entry via a website, the cost of accessing the website will be dependent upon the Entrant's individual Internet Service Provider.
12. All Entries (including photographs and videos) become and remain the property of the Promoter upon submission and will not be returned to Entrants.
JUDGING OF ENTRIES FOR GAMES OF SKILL
13. Each valid entry will be individually judged (by representatives of the Promoter) based on the Judging Criteria.
14. The prize(s) will be awarded to the valid entrant or entrants (as applicable) whose entry or entries best meet the Judging Criteria, as determined by the judges, in accordance with the Prize Details. Entries that, in the Promoter’s judgment, contain offensive, defamatory or otherwise objectionable or inappropriate material or that infringe any third party rights will be invalid.
13. The judges' decisions are final and no correspondence will be entered into.
PROMOTIONS CONDUCTED VIA A SOCIAL NETWORKING SITE
14. If the Promotion is conducted via a social networking site (including but not limited to Facebook and/or Instagram), entrants acknowledge that the Promotion is in no way sponsored, endorsed, or administered by, or associated with the social networking site.
15. Entrants acknowledge that any information they provide in connection with the Promotion is provided to the Promoter and not to social networking site.
16. Any questions, comments or complaints regarding the Promotion will be directed to the Promoter and not to the social networking site.
17. Entrants release the social networking site and its associated companies from all liability arising in respect of the Promotion, to the extent allowable by law.
ENTRY CONTENT AND VALIDITY
18. Entrants are required to take full responsibility for the content of their entry and for ensuring that their entry complies with these Terms and Conditions. For the purposes of these content requirements, Entry Materials includes any material (including but not limited to, drawings, artwork, images, text, photos, videos and email messages) that entrants submit, upload, transmit, publish, communicate or use in connection with their entry into the Promotion.
19. Incomplete and illegible entries will be deemed invalid. Entries that breach these Terms and Conditions or any other content guidelines notified by the Promoter during the Promotion Period will also be deemed invalid.
20. Entries submitted by persons who are not Eligible Persons will be deemed invalid. The Promoter may not assess each entry however, winning entries will be scrutinised.
21. If an entry is invalid or if an entrant is unable or refuses to take part in any element of this Promotion, the Promoter reserves the right to discard that entrant’s entry and proceed as if that entrant had not entered the Promotion.
22. If for any reason, the Promoter becomes aware after an entrant has won a prize that the entrant has not complied with these Terms and Conditions or that their entry is otherwise invalid, that entrant will have no entitlement to the prize, even if the Promoter has announced them as a winner and that entrant will be required, at the direction of the Promoter, to return, refund or otherwise make restitution of the prize.
23. Entries must be the entrant’s original work. The Promoter reserves the right to verify, or to require the entrant to verify, that the entry is the entrant’s original work. If an entry cannot be verified to the Promoter’s reasonable satisfaction, the entry will be deemed invalid.
CONSENTS AND PERMISSIONS
24. An entrant’s entry must not include: (a) any image or voice of any other person without that person’s express consent. Entrants warrant that if any such content is included, they have obtained the express consent of the relevant person; (b) any content that contravenes any law, infringes the rights of any person or is obscene, offensive, potentially defamatory, discriminatory, indecent or otherwise objectionable or inappropriate (including but not limited to, any content involving nudity, malice, excessive violence or swearing); and (c) any literary, dramatic, musical or artistic work, any audio-visual or sound recording, or any other item in which copyright subsists, unless the entrant is entitled to do so. If an entrant has any doubts about whether they have the right to include any content (for example, recorded music) they must not include it. By including any such content in their entry, the entrant warrants that they have the permission of the relevant copyright owner to do so and that this permission allows the Promoter to use the entry in accordance with these Terms and Conditions.
25. By entering this Promotion all entrants: (a) consent to the Promoter using and publishing (and authorising others to use and publish) their name, character, likeness, image, voice or anything else that identifies them for the purposes of any promotion or matter incidental to the Promotion, including future similar promotions, and at any time during or after the Promotional Period and via any means (including but not limited to, any national print media, the Promoter's website and any other promotional material); (b) assign (and, if necessary, will in the future assign) all intellectual property rights (including copyright) in their Entry Materials in relation to all media (including but not limited to, the internet) and whether in existence now or created in the future; (c) unconditionally and irrevocably:
(i) consent to any act or omission that would otherwise infringe any of their moral rights in the Entry Materials (as defined in Part IX of the Copyright Act 1968 (Cth)) and present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given;
(ii) waive all moral rights that arise outside Australia; and
(iii) agree not to institute, maintain or support any claim or proceeding for infringement of their moral rights in the Entry Materials;(d) warrant to the Promoter that their entry is the original independent creation of the entrant and free from any claims, including copyright or trademark claims, by other persons.
26. If the Promotion involves the publication of Entry Materials on a website, the Promoter accepts no responsibility or liability where an entrant’s photos, images or other Entry Materials are downloaded from the website by any persons, and for any matters after such download. The Promoter may, in its absolute discretion, edit, modify, delete, remove or take down any part of an entrant’s entry.
PRIZES - GENERAL
27. If the prize involves a winner meeting or attending a function with a celebrity or other public figure, the Promoter will not be liable for the failure of the winner (and their companion(s), if applicable) to meet that person or failure of that person to attend the function, for whatever reason.
28. The Promoter may, at its discretion, require any person taking, accepting or participating in any prize to be 18 years or over.
29. The Promoter reserves the right to appoint a chaperone to accompany the participants taking the prize. The participants agree to the chaperone being present with them for the duration of the prize and agree to comply with any reasonable directions or guidelines given to them by the Promoter or their chaperone.
30. The prize must be taken as offered and cannot be varied unless authorised by the Promoter. The prize value includes GST and is in Australian dollars and is correct at the time of printing. The Promoter accepts no responsibility for any variation in prize value.
31. Prizes are not transferable, exchangeable or redeemable for cash. Prizes cannot be sold to a third party including, online auctions and private sales. Unused portions of prizes will be forfeited and no compensation will be paid in lieu of that element of the prize.
32. Subject to the approval process required by any relevant gaming or lotteries authority, in the event that any prize item is unavailable despite the Promoter’s reasonable endeavours to procure within Australia, the Promoter reserves the right to substitute a different prize item of equal or greater value, subject to any written directions from any relevant regulatory, judicial or government authority.
33. Where prizes are lost, stolen, damaged or tampered with, for reasons beyond the control of the Promoter, the Promoter is not liable.
34. Without limiting the above terms and conditions, the Promoter may at its absolute discretion, substitute cash for any prize (the amount of cash being equal to the prize value specified in the Prize Details).
35. Except to the extent required by any law, including the Australian Consumer Law, the Promoter and its associated companies make no warranties or representations about the fitness for purpose or suitability of any prize and will not accept responsibility for the quality or fitness for any purpose of any prize or the failure of any prize to be of acceptable quality.
36. Prizes and participation in the Promotion are subject to any terms and conditions imposed by the supplier or organiser of the prize, as applicable.
37. These Terms and Conditions do not exclude or limit the application of any statutory provision (including a provision of the Competition and Consumer Act 2010 (Cth) where to do so would contravene that statute or cause any part of these Terms and Conditions to be void.
PRIZES – PROVISIONS RELATING TO TYPES OF PRIZES
38. The prize(s) are specified in the Prize Details. The prize(s) are subject to any restrictions specified in the Schedule. The total prize pool is specified in the Schedule.
39. If a prize includes vouchers, the vouchers are only valid until the voucher expiry date specified on the voucher or by the provider, and are subject to any terms and conditions imposed by the provider. Once awarded, the Promoter is not liable for any voucher that has been lost, stolen, forged, damaged or tampered with in any way.
40. If a prize includes tickets, including tickets to an event, the tickets are only valid for the date or period specified on the tickets or by the provider, and are subject to any terms and conditions imposed by the provider. Once awarded, the Promoter is not liable for any ticket that has been lost, stolen, forged, damaged or tampered with in any way.
41. If a prize includes travel, the prize must be booked and completed as specified by the Promoter or by the supplier of the prize. If the prize is event based, any travel provided as part of the prize must be taken on the dates specified by the Promoter to coincide with the event. The prize is subject to booking and availability, and is subject to any terms and conditions imposed by the relevant providers. All costs associated with a travel prize which are not expressly stated in the Schedule to be included, including additional spending money, passport and visa costs, transfer costs, meals, taxes, insurance, luggage costs and all other ancillary costs, are the responsibility of the winner. The winner and any travelling companion(s) must depart and return at the same time using the same air carrier. The winner and any travelling companion(s) are responsible for ensuring they have all necessary travel insurance (if not included in the prize) and documents to travel to the relevant place(s) (including passports and visas, if required). Any alterations or extensions to confirmed prize details must be approved in advance by the Promoter (at its sole discretion) and will be at the expense of the winner. The Promoter is not responsible for the cancellation, delay or rescheduling of any part of a travel prize and any costs incurred by the winner or any travelling companion(s) as a result (including accommodation costs) will be the responsibility of the winner. The winner is responsible for ensuring that they and their travelling companion(s) are fit to travel and have received appropriate immunisations and/or health checks prior to taking the prize. It is the entrant’s responsibility to check and prepare for travel warnings and any perceived hazards with appropriate authorities, including www.dfat.gov.au. The Promoter is not responsible for any illness, injury or property damage that affects the winner while undertaking the travel prize.
42. If the prize involves a winner attending an event, if any part of the event is abandoned, called off, varied or postponed for any reason, then at the Promoter’s discretion, the relevant winner (and their companion(s), if applicable) forfeits all rights to attend the relevant event and no cash or alternative tickets will be substituted for that element of the prize. If the event is varied or postponed, the Promoter, where reasonable, will try to vary arrangements to allow the winner (and their companion(s)) to attend the varied or postponed event (unless doing so would involve additional costs to the Promoter).
CLAIMING PRIZES
43. Prizes must be claimed by the Prize Claim Date in accordance with any Claim Instructions set out in the Schedule. If a prize is not accepted by, or failing all reasonable efforts by the Promoter, is not delivered to the prize winner, the relevant winner’s entry will be deemed invalid and the Promoter reserves the right to distribute the unclaimed prizes in accordance with the Unclaimed Prize Arrangements specified in the Schedule, subject to any directions given by any relevant authority. Winners of unclaimed prizes will be notified and have their names and State or Territory of residence published in accordance with the Unclaimed Prize Arrangements, subject to any directions given by any relevant authority.
CANCELLATION OF COMPETITION
44. If, for any reason, the Promotion or any of the prizes are not capable of being run or offered as planned, including but not limited to, infection by computer virus, bugs, tampering, unauthorised intervention, fraud or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, the Promoter reserves the right in its absolute discretion to take any action that may be available to it. Any actions are subject to State and Territory regulations and may include cancellation, termination, modification or suspension of the Promotion.
45. The Promoter may also cancel, suspend or modify the Promotion if the determination of the prize winner or the delivery of the prize is prevented or hindered by any external event beyond the control of the Promoter, including but not limited to, vandalism, power failure, tempest, natural disaster, acts of God, civil unrest, strikes or other industrial action.If the Promotion is not capable of being run as planned, for reasons outlined above, the Promoter will not be liable for any loss or damage of any kind to entrants arising out of any resultant action taken by the Promoter.
PRIVACY AND INFORMATION
46. The Promoter may collect the following personal information provided by entrants when entering or participating in this Promotion (including without limitation in their Entry Materials, transactional information, when you shopped, where you shopped, how you paid and what you purchased, address, phone number, name, age, passport number, drivers licence number, information obtained from any Promotion partners, information you provide when submitting any questions or queries regarding the Promotion) or by entrants doing anything in connection with this Promotion.
47. The Promoter may use your personal information to conduct the Promotion, to ask you questions, to contact you about any matter in connection with the The business or the Promotion, to contact entrants if they are winners, to conduct research and marketing activities (including to inform entrants about special offers, marketing, events, promotions, product launches and other special events and discounts from the Promoter such as new products or promotions and to become part of databases maintained by the Promoter or associated entities), to conduct market research (including to improve and help Promoter better tailor its product and service offering , including developing new products, services, promotional offers and shopping opportunities) and to conduct market research and other forms of analysis, unless the entrant opted out of participating in such activities in the section provided on the entry form, and otherwise in accordance with the Promoter’s Privacy Policy. If you provide your email address or mobile phone number you consent to the Promoter using your email address to email you and/or your mobile telephone number to SMS you for any of the purposes listed above
48. Entrants can advise the Promoter at any time if they no longer wish to participate in any such research and marketing activities. Otherwise, their consent will remain current until specifically withdrawn. The Promoter may disclose entrants' personal information for the above purposes to other companies associated with this Promotion, related bodies corporate of the Promoter, the Promoter's information technology providers and database service providers and other entities which provide research and marketing services to the Promoter.
49. The Promoter may engage other persons or organisations (for example, the Promoter’s suppliers, prize donators, competition and promotion agencies, data mail houses, data processing organisations, marketing researchers, specialist call centres and service providers) to assist the Promoter in carrying out the above purposes. Some of these organisations may be located overseas. Your personal information may be disclosed to such persons or organisations for these purposes and, in providing a service, they may contact you directly. In some circumstances, they may disclose personal information they collected from you to the Promoter or one or more of the purposes already mentioned. The Promoter will hold and use all personal information it collects from third parties about you for the purposes described in this notice.
50. The Promoter may also disclose your personal information as required by law.
51. If entrants do not provide the personal information requested by the Promoter, they may not participate in the Promotion (except where the provision of that information is optional). Winners’ names will be published and retained as required under relevant legislation. An entrant may, at any time, request to access, update or correct any information, or to have their details removed from the Promoter’s database(s) and such request will be considered in accordance with the requirements of the Privacy Act. Such requests should be directed to the Promoter at its address set out in item 2. The Promoter’s Privacy Policy can be viewed atwww.wwrd.com.au/privacy-policy.html.
INDEMNITY AND LIABILITY
52. Unless required by any law, including the Australian Consumer Law, the Promoter, its related bodies corporate and their respective officers and employees, its agents, its contractors, its associated entities and their respective officers will not be liable for any loss (including but not limited to, indirect, special or consequential loss, loss of opportunity or loss of profits), expense, damage, personal injury or death which is suffered or sustained in connection with any part of this Promotion (including entry, collation of entrant details, prize draw and determination of the winner(s)), promotion of this Promotion, use or acceptance of the prize or the prize itself, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum extent allowable by law).
53. If requested by the Promoter, any entrant or winner (and their companion(s), if applicable) (or if an entrant, winner or companion is not an adult, their parent or guardian) must sign an indemnity and exclusion of liability form (provided by the Promoter) in favour of all parties involved in this competition and/or providing the prize prior to undertaking any specified activities forming part of the competition, acceptance or use of the prize or the prize itself. If any entrant, winner, nominated companion or parent/guardian (if applicable) does not sign the indemnity form provided by the Promoter, within the time requested by the Promoter, the relevant entrant’s or winner’s entry or claim will be deemed invalid. Where a winner’s entry or claim is deemed invalid, the prize will be deemed unclaimed and the Promoter has a right to redraw the prize in accordance with the Unclaimed Prize Arrangements in the Schedule.
54. Without limiting the previous paragraphs, the Promoter, its related bodies corporate, its agents and its associated entities will not be liable for any damage to or delay in transit of prizes.
55. If other entities are conducting the promotion in conjunction with the Promoter, the Promoter is not liable for any error made by the other entity when communicating details of the Promotion, the entry process, the prize draw, the prize, determination of the winner and promoting the Promotion.
GENERAL
56. The Promoter reserves the right in its sole discretion to verify the validity of entries and to disqualify any entrant (or voter if applicable) who tampers with the entry (or voting process), or who submits an entry which is not in accordance with these Terms and Conditions, or who the Promoter has reason to believe has breached any of these Terms and Conditions, or has engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
57. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
58. The Promoter accepts no responsibility for any tax implications that may arise from acceptance of the prize winnings. Entrants should seek independent financial advice prior to entering the Promotion.
59. The Promoter may at its absolute discretion prohibit an entrant’s participation in this Promotion, cancel or suspend a prize or cease to provide any prize to a winner if the entrant or winner or any companion(s) are, in the reasonable opinion of the Promoter, under the influence of alcohol or drugs, behaving aggressively, disruptively, or in a manner which may diminish the good name and reputation of the Promoter or its products and brands, or are engaging in conduct that is misleading, deceptive, contrary to law or is otherwise inappropriate.
60. The Promoter's decisions in connection with the Promotion are final and no correspondence will be entered into.
61. No responsibility will be taken for unsuitable, lost, deleted, late or misdirected entries. The Promoter is not responsible for technical difficulties with the entry mechanism and does not warrant that the entry mechanism will be available at all times.
62. Entries which are to be published on a website will be subject to a moderation process before being visible on the website.
63. The Promoter may require the winner(s) to provide identification as requested by the Promoter including but not limited to, proof of identity, age, residency, employment, supply to the Promoter or engagement by the Promoter. Identification considered suitable for verification is at the Promoter’s reasonable discretion.
64. Entrants acknowledge that there may be inherent risks in some aspects of the Promotion or the prize and that participation in the Promotion or the prize may involve participating in dangerous activities. By entering this Promotion and/or accepting the prize, entrants accept that risk for themselves and for their companion(s) (if applicable).
65. In order to participate in this Promotion and/or the activities which may be awarded as part of the prize, the winner (and their companion(s), if applicable) must comply with applicable health, fitness, skill, balance, dexterity and any other requirements normally associated with the particular activity. It is the entrant’s responsibility to ensure that they (and their companion(s), if applicable) are sufficiently healthy and fit so as to safely participate in this promotion and/or undertake the activities awarded as part of the prize. The entrant or winner must comply with all requirements and directions of the people responsible for the conduct of the relevant activity and must ensure that their companion(s) also comply (if applicable). If the Promoter reasonably believes that the entrant, winner or their companion(s) will not be able to comply with such requirements, the Promoter may deem the entrant, winner or their companion(s) not sufficiently healthy or fit to participate in the Promotion.
Dockvest Pty Ltd ACN 009 569 911 (trading as Zap Fitness) (“the Promoter”) is conducting the promotion in selected Zap Fitness clubs in VICTORIA, SOUTH AUSTRALIA and TASMANIA ("Participating Outlets").
The promotion is available to individuals who sign up to Zap Fitness during the period from 9 am on 26 December 2020 until 10 pm on 29th December 2020 (“the Promotional Period”) (“new members”).
$0 start up fee on all new members during this promotional period
Four (4) weeks free applies to Everyday 12 month memberships only during this promotional period
3. $8.99 a week for the membership term on the Everyday Membership 18 Month; (Total minimum cost $701.22 over 18 months).
$11.99 a week for the membership term on the Flexi Membership 1 Month; (Total minimum cost $47.96 over 1 month).
Four (4) weeks applies to new joiners of Everyday 18 Month Memberships, and the free time will be added on to the membership with the minimum term commencing after the free time, except for South Australia where the time is included in the minimum term of the membership for the 12 month memberships, normal membership conditions apply thereafter.
4. Zap Fitness offers members a cooling off period, known as a Breathing Space. The Breathing Space period commences after the Free Time has been applied and expires 10 days after the initial contract date. A member can choose to terminate their membership by written request during the Breathing Space period. A member will be refunded their joining fee should they wish to terminate during this period, provided they comply with the standard requests contained in Zap Fitness’ Terms and Conditions.
5. The offer only applies to membership agreements entered into between the outlined promotion dates and cannot be run in conjunction with any other offer including but not limited to corporate discounts.
6. Zap Fitness shall not be liable for any claim, loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for personal injury which is suffered or sustained, except for any liability which cannot be excluded by law and the user of the pass indemnifies Zap Fitness in relation to any claim, loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury which is suffered or sustained.
7. The new member will be required to complete a 24/7 Induction, waivers and health screening tool prior to their first training session at Zap Fitness. Any minors will be required to have their membership signed by a parent or legal guardian, complete additional waivers & induction, and otherwise comply with the Zap Fitness Age Policy.
8. Except as set out above, the standard Membership Terms and Conditions for memberships apply. See www.zapfitness.com.au for details.
Dockvest Pty Ltd ACN 009 569 911 (trading as Zap Fitness) (“the Promoter”) is conducting the promotion in selected Zap Fitness clubs in VICTORIA, SOUTH AUSTRALIA and TASMANIA ("Participating Outlets").
The promotion is available to individuals who sign up to Zap Fitness during the period from 9 am on 1 January 2021 until 9 pm on 10th January 2021 (“the Promotional Period”) (“new members”).
A $24 Start-up fee applies to all memberships.
$9.99 a week for the membership term on the Everyday Membership 18 Month; (Total minimum cost $803.22 over 18 months).
A $12.99 a week for the membership term on the Results Membership 12 month; (Total minimum cost $699.48 over 12 months)
A $14.99 a week for the membership term on the Flexi Membership 1 month; (Total minimum cost of $83.96 over 1 month)
Zap Fitness offers members a cooling off period, known as a Breathing Space. The Breathing Space period commences after the Free Time has been applied and expires 10 days after the initial contract date. A member can choose to terminate their membership by written request during the Breathing Space period. A member will be refunded their joining fee should they wish to terminate during this period, provided they comply with the standard requests contained in Zap Fitness’ Terms and Conditions.
The offer only applies to membership agreements entered into between the outlined promotion dates and cannot be run in conjunction with any other offer including but not limited to corporate discounts.
Zap Fitness shall not be liable for any claim, loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for personal injury which is suffered or sustained, except for any liability which cannot be excluded by law and the user of the pass indemnifies Zap Fitness in relation to any claim, loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury which is suffered or sustained.
The new member will be required to complete a 24/7 Induction, waivers and health screening tool prior to their first training session at Zap Fitness. Any minors will be required to have their membership signed by a parent or legal guardian, complete additional waivers & induction, and otherwise comply with the Zap Fitness Age Policy.
Except as set out above, the standard Membership Terms and Conditions for memberships apply. See www.zapfitness.com.au for details.