Membership terms & conditions

1. The agreement between you and us

1.1 Your membership

These are the terms and conditions and the following completed documents:

1. our Membership Agreement; and
2. your Health Check Form,

make up all of the terms of a Membership Agreement ("Agreement") between the member named within this Agreement ("you"), and Housed Australia Pty Ltd (ABN 71 151 408 945 ("we" or "us")). It is important that you have read and understood all of the terms and conditions of the Agreement before agreeing to these Terms. If you have any questions please contact us at housed.com.au.

1.2 Corporate members

If you are a corporate member, you will have to produce proof of your corporate identity to us. If you fail to produce this corporate identity to us we may ask you to reimburse us for any discounts you have received when joining.

2. Your type of membership, YOUR home club & other clubs

You are becoming a member of Housed Australia Pty Ltd (a "Member") under the type of membership ("Membership Type") and at the club ("Home Club") stated in your Membership Agreement. Your membership may entitle you to:

1. maintain a membership account with us, and access the Digital App and/or Member Portal, subject to clause 8; book and attend group exercise classes on HOME or FULL HOUSE membership with us in accordance with the visitation limits on your membership type using your Housed account.
2. use the facilities available at your Home Club, in accordance with your Membership Type. Depending on your membership type by asking the receptionist at your Home Club, you may also have rights to use the facilities of other Clubs in Australia or other countries in which we operate.

3. When will your membership start?

Your membership will start on the Membership Start Date ("Membership Start Date") set out on your Membership Agreement, provided that:

1. you have signed these terms within the Membership Agreement,
2. you have completed our Health Check Form and, if applicable, provided any other medical details of your health and fitness to our satisfaction; and
3. we have received the required payments as set out in your Membership Agreement. You will be able to book access to the facilities via App and/or Membership Portal from your Membership Start Date.

4. How long will your membership last?

4.1 Non-Commitment Period

Your Non-Commitment agreement will automatically remain active unless your membership is terminated in accordance with section 8 of your Terms and Conditions or you provide us with notice that you wish for your membership to end.

4.2 Can you Hold (pause) your membership

If you wish to place a temporary "hold" on your membership, you may submit your request via the "Add Hold" function within the Housed App and/or Member Portal.

A membership Hold is only available in blocks of one whole fortnightly billing period (the "Pause Period"), up to 6 weeks, as set out in your Membership Agreement. You will not be able to use any Club while your membership is on pause.

4.3 What happens if you change your mind?

You may notify us by completing a Cancellation Request that you wish to cancel your membership within 14 days of a non-commitment membership.

If you have used your membership during the Cooling Off Period, we will refund those amounts set out above, less the Guest Fee for each visit, the fees for any coaching or other Club services you have received and a reasonable administration charge.

5. Membership fees & dues

5.1 Membership Payments

As a Housed Australia Pty Ltd member, you are personally responsible for payments to us of the Membership Dues and any other ongoing payment fees set out in your Membership Agreement as they fall due.

As a Member, your Membership fees are due for the whole of each fortnightly billing period even if your membership is terminated during that fortnightly billing period (unless you have terminated under section 8).

Membership Dues vary depending on your type of membership and may also vary from Club to Club. You must pay the Membership Dues applicable to your Home Club and your Membership Type at the relevant time. You may only pay your Membership Dues in advance by direct debit or periodic credit card. No other form of payment will be accepted.

You will not be allowed access to the Club if your Membership Dues remain outstanding. We will collect any outstanding amounts and any charges we incur from late payment. If you have a genuine dispute in relation to the collection of outstanding amounts or the charges we incur, please contact us via Housed.com.au

5.2 Changes to Membership Dues and Fees

All Membership Dues include goods and services tax (GST). We reserve the right to change your Membership Dues in line with any government GST rate changes.

In addition, we review our Dues and Fees periodically and may change them from time to time providing you with 30 Days Written Notice. Fees may vary from Club to Club and the activity that the booking is for. Club Visit fees can also be obtained from Club Reception at the time of booking. All Club Visit fees include goods and services tax (GST).

5.3 Other membership fees and charges

Any fees or charges that may be payable for additional services and facilities, such as Basketball Fees and Pickleball Fees will be set out in the price list (as may be amended by us from time to time) available at your Home Club. Such fees may be added to your direct debit payment.

6. Can you transfer your membership to another person?

No, you may not transfer your membership to another person. Your membership is personal to you.

7. Membership type

Membership types may vary from club to club.

7.1 Can you change your Membership Type?

Yes, you may change your membership to another Membership Type. You must complete our Switch It Up Form.

Certain Membership Types may not be available at every Club. Your Home Club must receive notice of any change to your Membership Type at least 3 days prior to the start of the fortnightly billing period from which you want the change to be effective.

7.2 Access

Certain membership types may have restricted access times. Your App and/or Member Portal will show the classes and activities that are available to book. No refunds will be provided if you book a class or activity that is less expensive than your original Club Visit.

7.3 Facilities

We may need to adjust the availability of certain facilities at your Home Club on a temporary basis including for the purposes of cleaning, repairs, improvement work, upgrades, maintenance, special functions and holidays. If your Home Club is not available for more than fourteen (14) consecutive days, you can ask us for a credit against your Membership Dues for the period that your Home Club is not available provided you do not use any other Club during that period.

8. How can your membership be terminated?

8.1 Termination by you

All cancellation requests require 2 weeks written notice and this will be applied from your next payment as set out in your direct debit schedule. Final payment by You to Us by sending the request to your nominated Gym via submission of our Cancellation Form. All cancellation requests via phone, fax, email, SMS, social media or other mediums will not be accepted. You can submit your cancellation request via the Housed App, your Member Portal or in person at our Club.

8.2 Reasons for ending your membership early

You may terminate your membership immediately by submitting your cancellation request within 30 days of any of the following occurring:

1. We increase your Membership Dues other than in accordance with Section 5.
2. We change the physical location of your Home Club.
3. We make changes to these Terms, the Digital Rules, the Digital Content or the Club Rules under Sections 10 and/or 11 that significantly reduces the benefits of your membership.
4. We breach any terms of this Agreement and fail to rectify that breach within 30 days of you giving us notice to do so.

8.3 Termination by us

We may terminate your membership immediately by emailing or writing to you at the contact addresses we have on our records, if:

1. you commit a serious or repeated breach of these Terms or the Club Rules under Section 9.
2. you otherwise breach these Terms, or the Club Rules and the breach, if capable of remedy, is not remedied within 14 days of us giving you notice to do so and informing you that your membership will be terminated if you fail to do so.
3. any part of your Membership Dues remains unpaid 28 days after falling due.
4. you provide us with details which you know to be false when applying for membership and these false details may have affected our reasonable decision to grant you membership. If we terminate your membership for any of these reasons we may (without limiting any other right or remedy) recover any other reasonable costs and expenses we incur as a result of your breach and to collect the full amount of Membership Dues for the remainder of the then current fortnightly billing period.
5. we close your Home Club, we will provide you with the option to transfer to another Club at the prevailing Membership Dues applicable at that Club at the time of your transfer. We will not charge you a Transfer Fee. If you do not wish to accept the transfer to another Club, your membership will end on the date that your Home Club is closed.

8.4 Collection of fees

We will collect any Membership Dues that are outstanding when your membership is terminated. We may use a third party to assist in the collection of outstanding fees.

9. What are the Housed rules?

9.1 Your Clothing and Attire

Exercise gear fit for purpose must be worn at all times in our Clubs. For example, t-shirts/tops (no bare chests) and closed footwear must be worn at all times including when moving between classes and change rooms. No shoes are OK only when you're in the change room, sauna, plunge and/or relaxation area or in a studio where the class requires this.

9.2 Age

If You are under 18 years old, a parent or guardian must sign all documents required by Us and must accompany You at the Gym.

1. The minimum sign up age is 15 years of age. If You are under 18 years old, You are not allowed entry to the Gym outside of the Staffed Hours. We may also recommend the use of a Coach to You.
2. We reserve the right to refuse You access to the Gym if You are under the age of 18 and attend the Gym without Your parent or guardian present.
3. Your parent or guardian acknowledges and agrees to be fully responsible for all claims, actions, damages, injuries and loss to property and any other person, which is caused by You.
4. We may ask You for a doctor's clearance and require You to obtain an exercise program from a personal trainer before You are allowed access to the Gym.
5. By signing the Membership Agreement for Membership on Your behalf, Your parent or guardian acknowledges and agrees to be a party to the Contract and is responsible for ensuring that Your membership fees are paid and up to date.

9.3 Lockers and Change Rooms

• Lockers are available to store your gear while using the Club (subject to availability). We can't guarantee that the use of a locker will stop theft or damage to your stuff from occurring and we do not accept liability for any theft, except where due to our negligence.
• Lockers may only be used for the usual suspects such as gym kits, toiletries and the clothes you have on when you arrive at our Clubs. Don't keep anything else in your locker. If we have reasonable grounds for suspecting that a locker is being used for something else, we reserve the right to open it and remove any offending items.
• Lockers are available for use only while you're on Club premises. Any gear left in lockers overnight may be removed. If it's not collected within 7 working days, we'll donate it to charity.
• Only one person can be in a shower cubicle at any one time.

9.4 Parking Availability

Parking is only for members and guests while using Club facilities, and may be subject to maximum time limits as shown on car park signage. If any vehicle appears to be parked without our approval, further action may be taken in line with our rules.

We will not be liable for any loss, theft and/or damage to vehicles on Club premises or in any Housed parking area, except where such loss, theft or damage has arisen from our negligence.

9.5 Use of Your Membership

Every time you enter our Clubs please present your Key Fob and/or App at Reception to check-in. No-one else may use your Membership including existing or non-members.

If your Key Fob (including digital App) is compromised, lost or stolen, it is your responsibility to organise a new one.

If we terminate your Membership, it will be at our complete discretion as to whether you are eligible to join any Housed club in the future.

9.6 Tailgating

Tailgating is not permitted. If you breach this obligation, you will be notified by the Club and a tailgate fee of $100 will be payable to the Club. Subsequent breaches of this obligation will incur additional tailgate fees, and membership cancellation. Certain memberships and facilities have access and age restrictions.

9.7 Security

For security purposes, Our Gyms are under 24-hour camera surveillance and whether You are working out, entering or leaving any part of our facilities, Your activities are recorded.

You acknowledge Our surveillance system does not protect You in or on Our facilities.

You consent to having Your photograph taken at any time whilst using Our facilities and permit Us to use Your image in any such photographs for press and promotional purposes.

9.8 Smoking / Vaping

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

9.9 General Conditions

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

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

10. Digital content

10.1 Intellectual Property Ownership

"Digital Content" means the digital, video, pre-recorded, live-stream and other audio-visual exercise presentations and resources we make available to you via our website or via your App or other membership portal. All intellectual property rights within the Digital Content (including all text, software, graphics, sounds, music, videos, images, instructional content and any trademarks or logos) remain our property or are licensed to us. By using the Digital Content and maintaining a membership account with us, you agree:

1. you do not acquire any intellectual property rights in the Digital Content, other than a limited non-exclusive, non transferable, non-sublicensable licence to personally use the Digital Content for your non-commercial personal use in accordance with your membership agreement;
2. not to copy, reproduce, alter, remove, broadcast, distribute, publish, damage or otherwise interfere with the Digital Content; and
3. to use the Digital content for your own personal use and not for any commercial purpose or any purpose prohibited by law. Changes to Digital Content We may remove, vary, add to or change the content of the Digital Content from time to time.

10.2 Service Disruption

The Digital Content is provided electronically and may be temporarily suspended without notice for security upgrades, maintenance, repair, systems failures, enhancements, modifications or failure of third party services (such as the internet). You release us from all claims arising from such service interruptions.

11. Changes to these terms or rules

We reserve the right to make reasonable amendments to these Terms, including other rules but limited to Group Exercise Booking Rules or the Club Rules at any time. We will give you at least 30 days' notice by emailing you, or writing to you to tell you that changes are being made and that you may see the amended Terms, the Digital Rules or Club Rules at our website or at the Club. If any amendment to these Terms, the Digital Rules or the Club Rules significantly reduces the benefits of your membership you have the right to terminate your membership under Section 8.

12. Risk and your health

Exercising and using the Digital Content and Club facilities may involve the risk of injury and you exercise and use the Digital Content and Club facilities at your own risk. Please monitor your physical condition at all times and exercise to a level that is appropriate given your knowledge of your health and any medical advice you have obtained.

If any unusual symptoms occur immediately stop what you are doing and notify a staff member or seek medical assistance.

13. Sauna, plunge & relaxation area

For health, safety and hygiene reasons members and guests should:

1. shower before entering the sauna, plunge pool and/or relaxation area;
2. sit on a towel when using the sauna;
3. never shave in the sauna or plunge pool;
4. not use oils, creams or cosmetic products in the sauna or plunge pool;
5. not take newspapers or any paper in the sauna;
6. not attempt to dry clothing in the sauna (it's a serious fire hazard); and
7. n. ot wet the hot coals, our saunas are dry saunas.

Sauna and plunge pool (where applicable) users must be at least 16 years old. Children are not permitted in the sauna or plunge pool at any time. Use the sauna, plunge pool and relaxation areas in moderation (not more than 20 minutes each time), and take heed of any relevant medical advice. Pregnant women should consider avoiding using the sauna. Please seek medical advice if required.

14. The training floor & studios

Use equipment for its intended purpose.

Follow the instructions provided, including instructions given by our team members and all relevant signage.

• Please do not bring your own equipment into our Clubs. Items such as yoga mats are permitted if required. Be sure to let our team know if any of our equipment is broken or unsafe.
• No food or bags are permitted on the training floor, inside the studios or relaxation areas including sauna and plunge pool. Only drinks in plastic or aluminium bottles containing water or sports drinks are permitted. No glass bottles in our clubs.
• Please be respectful and considerate of other members by returning weights and equipment after use. Every piece of equipment has a home, please return it and help us maintain a clean training environment.
• A towel must be used on all equipment and while you're in the studio and on the training floor, including any relaxation areas. Please wipe down equipment after use with our wipes provided.

15. Risk warning & liability execution between you & Housed Party Ltd. (The company)

As a member, you

1. agree that Housed Australia Pty Ltd (ABN 71 151 408 945 ("Housed"), as a supplier of recreational services, will supply services to me including, but not limited to, health clubs and facilities, fitness equipment, fitness classes and/or training programs ('the recreational services')
2. acknowledge that whilst Housed, its officers, employees, servants or agents take measures to make the recreational services as safe as possible, there is a risk that I could be personally injured as a result of my use and/or participation in and/or reliance on the recreational services;
3. understand that any personal injury may result from my actions, the actions of others or equipment failure, and may be life threatening or result in severe or permanent disability or death;
4. agree that I will, at my own risk, use and/or participate in and/or rely upon the recreational services;
5. agree that Housed, its officers, employees, servants or agents will not be liable to me or my dependents, for personal injury or death suffered by me due to the recreational services not being supplied with due care and skill or not being reasonably fit for their purpose or for breach of any other consumer guarantees applied by the Australia Consumer Law of this State:
6. agree that to the maximum extent permissible by law, I will indemnify Housed, its officers, employees, servants or agents against any foreseeable loss or damage suffered or incurred by any of them as a result of;
7. any act or omission by me;
8. any misrepresentation made by me in response to the Health Check Form; and
9. if applicable, any failure by me to comply with the requirements of Housed and control a minor at all times whilst the minor is using and/or participating in and/or relying on the recreational services supplied to the minor by Housed in accordance with the risk Warning and Liability Exclusion.
10. understand that this Risk Warning and Liability Exclusion is not intended to exclude, restrict or modify liability which cannot lawfully be excluded, restricted or modified; and
11. acknowledge that this Risk Warning and Liability Exclusion is governed by the laws of the State in which it is accepted.

I have read this Risk Warning and Liability Exclusion, understand its content, and have accepted below acknowledging this in accordance with my own free will.

16. Other Housed items

You must keep us up to date with your contact details by completing a Change of Circumstances Form and giving it to your Home Club if your contact details change. In the event that we do not receive a Change of Circumstances Form from you and your contact details change, notice given by us to the email or other address we have on our records for you will constitute valid notice to you under these Terms. We may transfer our rights and obligations (or both) under this Agreement, or subcontract our obligations under it, to another organisation without giving you notice and you will continue as a member. If the other organisation fails to provide the same (or equivalent) facilities and services we provided, you may end your membership upon completing a Cancellation Form.

All undefined terms used in this document have the meaning set out in the Membership Agreement. If we fail to enforce any of our rights at any time, for any period and for whatever reason, this will not take away those rights. Also if we fail to notice or act if you break any of the terms of this Agreement, this does not mean that your behaviour is acceptable. If a Court decides that a term of this Agreement is not valid or cannot be enforced, that term will not apply but this will not affect the rest of the Agreement. This Agreement is subject to the laws of the State where your Home Club is located.

17. Your personal information

We take the privacy of our members seriously and our Privacy Policy, which is available at housed.com.au, explains the ways in which we collect, use, store, protect and disclose your personal information.

We collect personal information from you to provide you with our services, to administer your membership with us and for the other purposes described in our Privacy Policy. In most cases, we collect your personal information directly from you, including through your Let's Get Started Form, Health Check Form and any other forms owned by Housed, the member App and portal and in the course of our other communications with you, which may occur through housed.com.au or when you call or contact our staff.

If you do not allow us to collect your personal information, we may not be able to provide you with our services, administer your membership with us or conduct some or all of the other activities described in our Privacy Policy. With your consent, we may also collect personal information which relates to your physical health or condition, including (without limitation) when you complete our Health Check Form, so that we can assess your general health, wellbeing and your readiness for physical exercise and for the other purposes set out in our Privacy Policy.

If you do not provide this information, you will not be able to use our club. If we believe you have any health issue or if our Health Check Form is not fully completed, we may require you to obtain a medical certificate before we consider your application further. In order to perform our services and for the purposes described in our Privacy Policy, we may disclose some of your personal information to our related bodies corporate and to other persons or entities as outlined in our Privacy Policy.

Should you default on payments due to us we may disclose your personal information by notifying the default to a credit reference agency or other third party to obtain payment from you. Other than as set out in our Privacy Policy, we will not share your personal information without your consent unless we are required to do so by law. Our Privacy Policy explains how you may access and correct the personal information that we hold about you. It also sets out how you may contact us to complain about a breach of the Privacy Act, and how we will deal with such a complaint.

By signing this, you agree to be bound by this Agreement and you consent to the terms and conditions within it. Do not sign the agreement until you have read these Terms and the other documents listed in paragraph 1. If there is anything you do not understand, please ask us for an explanation before you sign.

If you are under 18, a parent or guardian will need to sign your Agreement to give their permission for you to become a member. Your parent or guardian will be responsible for your obligations under the Agreement and must sign below to say they accept these Terms and the Club Rules on your behalf, and to accept responsibility for your behaviour, actions and failure to act in line with this Agreement.

In particular your parent or guardian will be responsible for paying all payments due under your membership. You agree that your parent or guardian will be the only person we will discuss your membership with unless they authorise another person (including you). The Agreement between you and us will come into force when you sign these Terms (even if a Housed Representative is not named or do not sign them).