TERMS & CONDITIONS

Current Terms and Conditions until 12th November 2025

1 WELCOME TO FIT LANE COVE

1.1 WHEN DOES YOUR AGREEMENT START?

Your membership is active from the date specified on your membership agreement, and from this date you are free to use any FIT Lane Cove facilities until its expiry or cancellation.

Trial Memberships:

All trial memberships are subject to the same terms and conditions of any full membership. A trial membership can only be used once and cannot be used in conjunction with any other promotion.

1.2 CAN YOU CHANGE YOUR MIND?

There is a different protocol if you do change your mind depending on the type of membership you have chosen.

Prepaid Membership:

If you have joined a prepaid 3, 6 or 12 month membership then you have a cooling off period of 7 days. Within this period your membership can be cancelled at any time and you will be refunded the full amount paid, less an administration fee of $35.

Direct Debit membership:

The cooling off period of a direct debit membership is 14 days. Your membership will be cancelled immediately and you will be charged a $35 administration fee. Any time after this period the cancellation policy as specified on your membership agreement applies.

Gift Cards:

If you receive a gift card with your membership and cancel your membership within your cooling off period you will need to refund the value of the gift card upon cancellation.

1.3 WHAT DOES MY MEMBERSHIP ENTITLE ME TOO??

Included in all memberships with FIT Lane Cove is:

  • 365 access to FIT Lane Cove
  • Use of all cardio and weights equipment
  • Access to all Studio Classes
  • Inbody Scan
  • Access to FIT Lane Cove App for bookings
  • Free Kids Club
  • Use of the Relaxation Zone, including steam and sauna

2 WHAT YOU NEED TO KNOW ABOUT YOUR MEMBERSHIP?

2.1 YOUR DIRECT DEBIT MEMBERSHIP
2.1.1 How will you be debited?

You are debited for the fortnight in advance by the bank account or credit card details you provided us with on your membership agreement, and as per your direct debit request service agreement. The debit day for every direct debit member is every second Thursday . If this day falls on a Public Holiday then we will debit your account the following business day.

2.1.2 What do you need to do?

You are responsible for:

  • Ensuring your account is able to accept direct debits;
  • Making sure there is enough money in your account for the payment to be
  • made;
  • Telling us in advance if any changes are made to your direct debit details.
2.1.3 What if a direct debit payment fails?

If a membership fee is returned unpaid then you will be responsible for:

  • Financial Institution charges incurred by FIT Lane Cove as a result of the unpaid debit and a late payment fee of $8.00 for each unpaid debit;
  • The next debit date may be double debited including the late payment fee.
  • If you have any queries about payments during your membership then please let us know.
2.1.4 Can you put a freeze on your payments?

You are able to freeze your membership for a period anywhere between 2 weeks and 4 months and there is no limit on the amount of times you can do this in a year . All membership freezes must be made via written notice and cannot be completed over the phone. A freeze on your membership must be notified in advance and cannot be backdated.

Whilst on freeze your membership payments drop to the administration fee of $0.50c per day , and this is debited fortnightly on the scheduled debit dates. If the freeze period is not in exact fortnightly blocks then you may find that your first and/or last frozen payments will be a pro rata amount dependant on your return date.If cancellation is requested when membership is on suspend, a $35 cancellation fee will be incurred. Fourteen days written notice of cancellation is required counted from the next debit date.

2.1.5 Can the terms of your agreement change?

We cannot guarantee that we will not need to add to, change or remove Rules, conditions of membership, including but not limited to the Membership Terms and Conditions, opening and closing hours and the service and facilities offered by the club from time to time. Any such deletions, additions or changes will be notified in writing with at least 30 days’ notice via email, letter , our website or signage throughout the club. FIT Lane Cove reserves the right to increase your membership fees at any time after the initial period of your membership has ended.

2.1.6 How do you cancel your membership?

Your direct debit membership and all payments associated with your membership will continue until we receive written notice of cancellation, either at the club or via email, fourteen days in advance. If you have joined on the Monthly (no initial term) Membership then all that is required is fourteen days written notice of cancellation counted from the next debit date (i.e the last direct debit paid must be paid). If you have joined on the 12 Month Membership and are cancelling within your initial term, then you will incur a $150 early exit fee. The initial term of your membership is specified on your membership agreement and may be extended for all months your membership was on hold for inside the initial term. If you are outside of this initial period then all that is required is fourteen days written notice counted from the next debit date (i.e the last direct debit paid must be paid). If cancellation is requested when membership is on suspend, a $35 cancellation fee will be incurred. Fourteen days written notice of cancellation is required counted from the next debit date. Under no circumstances may cancellations be accepted or completed over the phone. All cancellations must be completed through our Membership Cancellation form. If completing a cancellation form at reception you will be provided with a copy to keep for your records. If posting a letter it is your responsibility to keep a copy for your records, otherwise cancellation may not be valid in the event of the letter not reaching us.

2.2 YOUR PREPAID MEMBERSHIP
2.2.1 When do you pay for your membership?

A prepaid membership is paid in full upon signing the membership agreement, at the price quoted by the Manager or reception staff. This payment may be done by credit/debit card, cheque, or in cash.

2.2.2 Can you freeze your prepaid membership?

You are able to freeze your membership for a period anywhere between 2 weeks and 4 months. This amount of time on hold is then added to the expiry of your membership.

2.2.3 Can you cancel your membership?

Unfortunately, you are not able to cancel your prepaid membership, and no refunds can be made unless within the cooling-off period (See section 1.2). You are, however, able to transfer the remaining time of your membership to a family member or friend. This requires written confirmation from the current member either via email or in person. A $35 administration fee will also be charged for the transfer.

2.3 365 ACCESS & UNSTAFFED ACCESS AT FIT LANE COVE
2.3.1 Access Fob

You will require your Access Fob to enter the club during unstaffed hours. You must swipe your Access Fob at the front door to gain entry to the club. If you lose or forget your Access Fob, you may access the club during standard staffed hours. For members’ safety, you cannot ask another member to give you access to the club during unstaffed hours.

2.3.2 Unstaffed Hours

During unstaffed hours, facility access will only be through the front stairwell and not via the Market Square lift. During this time, there may not be a member of staff present, and you acknowledge this as part of your access to the facility.

2.3.3 Tail Gating

Members acknowledge and agree that they must not admit guests, or let anyone else use their Access Fob at any time outside staffed hours. If you breach this term, you will be debited an initial tail gate fee of $25. Subsequent breaches will incur a $50 tail gate fee, and your membership may be cancelled. The club will accept no responsibility for any injuries sustained by any non-member who has entered the club while tail gating with a current member.

2.3.4 Age Restrictions in Unstaffed Hours

Children 17 years and under are only allowed access to the club during unstaffed hours so long as they are accompanied by a parent, guardian, or carer who is a current member.

2.3.5 Loss of Fob or Access Card

You will be required to use your Fob or Access Card to access the facility during unstaffed hours. Access without these during unstaffed hours will not be possible. Should you lose your Fob or Access Card, you may access the facility during staffed hours by showing photo ID. You must not allow access to anyone who does not have their Fob or Access Card – doing so may result in the Tail Gating Fee. Replacement Fobs or Access Cards can be issued at reception during staffed hours for an additional fee.

2.3.6 24 Hour CCTV Monitoring

The facility has closed-circuit television (CCTV) recording 24 hours per day (everywhere except bathrooms and change rooms), including remote video access. This CCTV is for security purposes but does not guarantee against any wrongdoing, injury, or harm.

2.3.7 General Information

You must read and follow all safety instructions displayed throughout the club. While accessing the relaxation area, including the steam room and sauna during unstaffed hours, you must use a duress tag available from the First Response Station located near the bottom of the stairs on Level 1. Any alarmed areas are strictly out of bounds during unstaffed hours. Do not bring valuables into the club. FIT Lane Cove takes no responsibility for lost or stolen items either on the club floor or from lockers. The club is monitored by CCTV at all times.

2.3.8 Security Facilities

The facility has emergency access phones, panic buttons, and security lanyards. Use of these is highly recommended during unstaffed hours. Emergency phones, panic buttons, and lanyards alert a security company when used. Misuse of these facilities will incur costs for the member. During both staffed and unstaffed hours, any directions from Market Square management (e.g., fire evacuation) must be followed immediately.

An emergency First Response station is located near the bottom of the stairs between Levels 1 & 2, equipped with an AED, First Aid kit, emergency intercom, duress tags, and incident/maintenance reports. Security monitors CCTV and dispatches patrols if required. Duress tags and intercoms are not a substitute for Emergency Services (000).

2.3.9 Exercising Caution

You will not use equipment if you are unsure how and will seek assistance during staffed hours from a FIT Lane Cove employee. Faulty equipment must not be used and must be logged on the maintenance log at the First Response Station.

2.3.10 Emergencies During Unstaffed Hours

In an emergency, members must immediately dial 000. Duress intercoms are not substitutes for Emergency Services. If no mobile is available, access the area behind reception to use the club’s phone.

3 CLUB ETIQUETTE

Failure to adhere to the following may result in being asked to leave or membership termination.

3.1 Dress Code for Members
  • Suitable clothing and covered footwear must be worn at all times.
  • Sweat towels must be used at all times and equipment wiped with antibacterial wipes.
  • Shirts or singlets must be worn at all times.
  • Swimwear must be worn in steam room or sauna.
3.2 Facilities
3.2.1 Equipment

Replace all weights on racks. Seek instruction prior to use via FIT Life Consultation.

3.2.2 Group Fitness Classes

Arrive on time; late arrivals may forfeit booking. Classes may be given to waitlisted participants. Timetable subject to change.

3.2.3 Lockers

Lockers are provided at members’ own risk. Use the Metra system to assign, secure, and lock your locker. Assistance available during staffed hours.

3.2.4 Personal Hygiene

Sweat towels must be used and equipment wiped after use.

3.2.5 Cleanliness

Disinfect all equipment before and after use. Keep hands washed and sanitized.

3.3 Kids Club

Available for children 6 weeks and older while parents/guardians exercise. Maximum 2 hours care. Terms and conditions apply. Older children may use members’ lounge under supervision. No children allowed in studios during classes.

3.4 Children

Children under 14 require explicit management approval. Ages 14-15 need parent consent and supervision. Parents are responsible for their conduct.

3.5 General

Smoking, weapons, alcohol, illegal drugs, and open flames are prohibited. Rude or disorderly behaviour may lead to membership termination.

3.6 Class Booking Policy
3.6.1 Multiple Same Day Class Bookings

Only one class per day per studio allowed. Additional bookings automatically cancelled.

3.6.2 Cancellation of All Same Day Bookings

Booking 3+ classes in one studio in a day will cancel all same-day bookings in that studio.

3.6.3 Application for Multiple Bookings

Request via email (lanecove@fit.com.au). Approved at club’s discretion. May be revoked if classes are missed.

4 LEGAL INFORMATION

[View Our Booking Policy Here]

4.1 Definitions
  • we/us: FIT Lane Cove Pty Ltd T/A FIT Lane Cove
  • you: the member
  • the club: FIT Lane Cove
  • direct debit: transaction made by you
  • agreement: Direct Debit Service Agreement
4.2 Refusal of Entry

FIT Lane Cove may refuse entry or cancel membership for inappropriate or dangerous behavior, at management’s discretion.

4.3 Your Health and Safety

An initial 30min FIT Life Consultation is recommended. Members must inform FIT of health risks in writing. Consult staff for equipment use if unsure.

4.4 Independent Personal Trainers (Licensees)
4.4.1 Personal Trainers

From 29 September 2025, all personal trainers operate as independent licensees, paid directly by members. FIT Lane Cove is not responsible for contracts, fees, or disputes.

4.4.2 Authorised Licensees

Engage only authorised trainers. Verify status with management.

4.4.3 Insurance, Qualifications, Certifications

Licensees maintain their own insurance and certifications. FIT Lane Cove does not guarantee adequacy.

4.4.4 Payments and Refunds

Payments handled directly between member and licensee.

4.4.5 Complaints

Address concerns directly with the licensee. FIT Lane Cove may assist communication but is not responsible for disputes.

4.4.6 No Endorsement

FIT Lane Cove does not guarantee outcomes of personal training.

4.4.7 Exclusivity

Members must not engage unauthorised trainers.

4.4.8 Privacy

Licensees manage their own data. FIT Lane Cove is not responsible.

4.5 Warning

Fitness activities carry risk of injury or death. Report injuries immediately.

4.6 Exclusion of Liability

The club and staff are absolved from all liability for injury or damage to the fullest extent permitted by law.

4.7 Release and Indemnity

Members release and indemnify the club from claims or losses arising from fitness activities.

4.8 Privacy Policy

Personal information collected voluntarily and used only for membership purposes. Marketing communications can be opted out of. Updates to personal details are the member’s responsibility.

ANNIVERSARY SERIES AND COMPLIMENTARY PT SESSIONS

Removal of Anniversary Series & Complimentary Sessions (Effective 28 September 2025):
No new sessions will be issued after 28 September 2025. Outstanding or partially redeemed sessions will not be honoured beyond this date.

Terms and Conditions effective from 13th November 2025

THIS IS AN IMPORTANT DOCUMENT WHICH FORMS PART OF YOUR MEMBERSHIP AGREEMENT. PLEASE ENSURE YOU READ IT CAREFULLY.

Access to and/or use of our Club, Website and Mobile App is subject to these Terms and Conditions, including our Privacy Policy and Club Policies. Please read these Terms and Conditions carefully and if you do not agree to these Terms and Conditions, including our Privacy Policy and Club Policies, please do not access or use our Club, Website or Mobile App.

If you choose to become a Member of our Club you will be required to enter into a legally binding Membership Agreement which will incorporate these Terms and Conditions and your Membership Details. You will also be required to enter into a Direct Debit Agreement for payment of your Fees. Please read these documents carefully before you sign them.

  • FIT, we, us, or our means FIT Lane Cove Pty Ltd ABN: 89 159 750 428, T/A FIT Health Clubs.
  • You or your means anyone who accesses and or uses our Club, Website or Mobile App and includes all Members.
  • Club means the premises of FIT at 24-28 Burns Bay Road Lane Cove NSW 2066.
  • Terms and Conditions means these terms and conditions together with our Privacy Policy and Club Policies.
  • Website means www.fit.com.au.
  • Mobile App means the FIT Health Club app available from Apple App and Google Play stores.
  • Privacy Policy means https://www.fit.com.au/privacy-policy.
  • Club Policies means https://www.fit.com.au/class-booking-policy.
  • Membership Details means the details of your Membership, including your Membership Type, Subscription Type and Fees (including joining fees, ongoing fees and cancellation fees).
  • Direct Debit Request and Direct Debit Agreement means the Direct Debit Request Service Agreement which, together with your Membership Agreement sets out the terms and conditions of your direct debit arrangement with the Club.

1. DEFINITIONS

In addition to the definitions above, the following defined terms apply:

  • Administration Fee means the administration fee specified in our Fee Schedule.
  • Annual Subscription has the meaning given to that term in clause 9.3.
  • Billing Account means the bank account or credit card specified in your Direct Debit Request from which we are authorised to arrange for your Fees to be paid to us by Direct Debit.
  • Cancellation Date has the meaning given to that term in clause 9.7.
  • Casual Membership has the meaning given to that term in clause 9.1.
  • Commencement Date is the date on which your Membership commences, which is the commencement date specified on your Membership Agreement.
  • Concessional Membership has the meaning given to that term in clause 9.1.
  • Cooling-off Period is the period commencing on the Commencement Date and ending at 11:59pm on the 7th day following the Commencement Date.
  • Direct Debit means the debiting/charging of your Billing Account in accordance with your Direct Debit Request and the terms of your Direct Debit Agreement.
  • Direct Debit Agreement means the Direct Debit Request Service Agreement between you and FIT which sets out the terms and conditions upon which you authorise us to arrange for funds to be debited from your Billing Account for payment of your Fees.
  • Direct Debit Request means the document permitting our third-party payment providers to provide the direct debit facility in respect of payment of the Membership Fee from your Billing Account.
  • Early Exit Fee means the early exit fee specified in our Fee Schedule.
  • Equipment means all equipment in the Club which is for Member use.
  • Fee Schedule means the fee schedule published on our Website at www.fit.com.au/fee-schedule as amended from time to time in accordance with these Terms and Conditions.
  • Fees means the fees set out in our Fee Schedule together with your Membership Fees.
  • Free Subscription has the meaning given to that term in clause 9.3.
  • Initiation Fee means the initiation fees specified in our Fee Schedule.
  • Late Payment Fee means the late payment fee specified in our Fee Schedule.
  • Member means a person who has entered into a Membership Agreement with us for a Standard Membership, Concessional Membership, Casual Membership or Trial Membership.
  • Membership means your entitlement to access and use the Club and the Services for your Subscription Term upon payment of your Membership Fees and compliance with your Membership Agreement.
  • Membership Agreement means the binding contractual agreement between each Member and FIT for Membership of the Club and is comprised of your Membership Details and these Terms and Conditions (including our Privacy Policy and Club Policies).
  • Membership Fee means, for your Membership Type and Subscription Type, the applicable membership fee specified in your Membership Agreement.
  • Membership Type means a Standard Membership, Concessional Membership, Casual Membership or Trial Membership.
  • Month-to-Month Subscription has the meaning given to that term in clause 9.3.
  • Nominated Guardian means, for a Concessional Member who is between 14 and 17 years of age, the person who is nominated in the Membership Agreement and Direct Debit Agreement as the lawful parent or guardian of the Concessional Member.
  • Registered Email Address means the email address you provide to us when you register as a Member, as amended from time to time by your written notice to us.
  • Single Visit Subscription has the meaning given to that term in clause 9.3.
  • Services means the Website and the Mobile App.
  • Staffed Hours means the staffed hours specified on our Website, which may vary from time to time;
  • Standard Membership has the meaning given to that term in clause 9.1.
  • Subscription Type means an Annual Subscription, Month-to-Month Subscription, Prepaid Subscription, or Single Visit Subscription.
  • Suspension Fee means the suspension fee specified in our Fee Schedule.
  • Suspension Period means a period in which your Membership is suspended, which may be on your request in accordance with clause 9.5 or on notice from us in accordance with clause 9.8.
  • Tail Gate Fee means the tail gate fee specified in our Fee Schedule.
  • Termination Date has the meaning given to that term in clause 9.8.
  • Trial Membership has the meaning given to that term in clause 9.1.
  • Unstaffed Hours means any hours of the day other than Staffed Hours.

2. ACCEPTANCE OF TERMS

By accessing or using the Club and/or our Services, you accept and agree to be bound by these Terms and Conditions, including our Privacy Policy and Club Policies.

3. MODIFICATION TO THESE TERMS AND CONDITIONS

We reserve the right to change these Terms and Conditions, including our Privacy Policy and Club Policies from time to time. We will publish the changes on our Website www.fit.com.au/the-club-terms-conditions. If we change our prices or make changes which materially affect your legal rights and or how we handle your Personal Information or financial information (including changes to our service providers detailed in clause 4), we will give you at least 30 days prior notice via email to your Registered Email Address. If you do not agree with these changes, you should cease accessing and using the Club and our Services.

If you believe the changes are materially detrimental to you and you wish to cancel your Membership in accordance with clause 9.7, please contact us at lanecove@fit.com.au. For the avoidance of doubt, you agree that changes to Club timetables, booking and cancellation policies and Staffed and Unstaffed Hours do not constitute a materially detrimental change.

Your continued use of the Club and/or the Services following any changes to these Terms and Conditions indicates your acceptance of the revised terms.

4. PRIVACY

Our Privacy Policy outlines how we handle all Personal Information collected from you during your interaction with the Club and/or the Services. By using the Club and/or the Services, you accept the terms of our Privacy Policy.

If you become a Member, we will collect and process your Personal Information through our customer relationship management system known as GymMaster. A copy of GymMaster’s privacy policy is available at https://www.gymmaster.com/privacy-policy/. You should read this policy carefully and ensure that you are happy with it. If you do not accept GymMaster’s privacy policy, we will not be able to provide you with Membership. When you enter into a Membership Agreement with us, you acknowledge and accept GymMaster’s privacy policy.

If you become a Member, you are required to set up a Direct Debit Request for payment of our Fees. You can use a credit card or a bank account for your Direct Debit arrangement. If you elect to use a credit card, your Personal Information will be disclosed to our third party provider, EziDebit . If you elect to use a bank account, your Personal Information will also be disclosed to our third party provider, Ezidebit. A copy of EziDebit’s privacy statement is available at https://www.ezidebit.com/en-au/privacy-statement, and their Service Agreement is available at https://static.ezidebit.com.au/ServiceAgreement/AU/DDR_Service_Agreement.html You should read the relevant policy carefully and ensure that you are happy with it. If you do not accept the privacy policies of our third party Direct Debit service provider, we will not be able to provide you with Membership. When you enter into a Membership Agreement with us, you acknowledge and accept the privacy policy of the Direct Debit service provider that offers the relevant credit card or bank account Direct Debit service.

5. MARKETING AND COMMUNICATIONS

By providing your mobile number and/or email to FIT (whether you are a Member or non-member), you consent to us using your information to send you marketing and other communications about our Club and Services.

If you utilise any Services via the Mobile App, you consent to receiving communications via SMS or other electronic methods on your mobile device. You understand that message frequency may vary, and message and data rates may apply.  

You can opt out at any time by following the instructions provided in such communications or by contacting lanecove@fit.com.au or by changing your preferences on the Mobile App.

6. ACCOUNT ACCESS INFORMATION

If you need to set up an account to use any portion of the Club and/or Services, you must keep your account details (like your username, password, and other necessary security information) confidential.  You understand that your account is for your personal use only and agree not to allow anyone else to access the Club and/or Services using your username, password, or any security details.

You agree to promptly inform us of any unauthorised use of your username, password, or any security breach.  You are accountable for any activity in the Club and/or Services using your username, password, QR Code or other security information.  We reserve the right to deactivate any username, password, or other identification, whether selected by you or issued by us, if you breach any of these Terms and Conditions.

7. AGE REQUIREMENTS

If you are aged between 14 and 17 years of age (inclusive) you may become a Concessional Member or access the Club on a Casual Membership subject to the following conditions:

  1. on your first visit to the Club, you MUST be accompanied by your Nominated Guardian and have a compulsory Club tour with a FIT staff member;  
  2. your Nominated Guardian must approve your Membership by countersigning your Membership Agreement and Direct Debit Agreement and confirming that they have explained these Terms and Conditions to you;
  3. your Nominated Guardian is legally and financially responsible for your compliance with your Membership Agreement and Direct Debit Agreement;
  4. if you are aged 16 or 17, you may attend the Club without supervision during Staffed Hours and may attend the Club during Unstaffed Hours with supervision from a Member aged 18 years or over; your Nominated Guardian is responsible for ensuring you comply with this supervision requirement;
  5. if you are aged 14 or 15, you may not attend the Club unsupervised; during Staffed Hours and Unstaffed Hours you may attend the Club with supervision from a Member aged 18 years or over; your Nominated Guardian is responsible for ensuring you comply with this obligation;
  6. you may not attend any studio classes such as EXHALE, EXHALE Reformer, StudioOne, RUN Athletic or Cycle under any circumstances; 

Children aged 13 years and under are not eligible to use the Club facilities or to become a Member.

8. CONDITIONS OF ENTRY

In order to maintain a safe, healthy, and pleasant environment at the Club, Members and anyone entering the Club must adhere to the following conditions.  Failure to comply may lead to restrictions, suspension, removal from the Club or termination of Membership.

8.1 Conduct
  1. you must refrain from behaviour that is abusive, improper, harmful, threatening, or not in the best interest of staff or other persons in the Club;
  2. you must not enter the Club under the influence of drugs, alcohol, or medications that advise against strenuous exercise;
  3. you must always follow Club Policies and rules;
  4. you must be appropriately dressed, including clean sports shoes, with clean and tidy clothing free from offensive prints or designs; 
  5. you must train with a sweat towel all times and equipment wiped after use with antibacterial wipes provided;
  6. you must wear swimwear for the use of the sauna, steam or ice bath; 
  7. you must return all weights to racks after use;
  8. you must not participate in illegal activities within the Club;
  9. you should not engage in activities that solicit business from other Members or compete with the Club;
  10. you must not smoke or vape inside the Club facilities (including in bathrooms, lifts and stairwells;
  11. you must not deface, misuse, damage, remove or steal any property of FIT.
8.2 Personal use only

You may utilise the Club, the Services, and all associated content exclusively for your personal use and enjoyment.  The Club, the Services, or any part of them may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our explicit written consent.

8.3 Accuracy and completeness of information

Access to some sections of the Club may be conditional on you providing additional information about your health and personal capabilities. All information you provide must be accurate, up-to-date, and complete and access may be denied or restricted if you are unwilling or unable to provide the requisite information. Any information which you provide which is Personal Information will be handled in accordance with our Privacy Policy.

8.4 Your physical condition

You must not use any Equipment or participate in classes or sessions in the Club if there is a risk that such use or participation may adversely affect any medical condition you may have.  You hereby represent to us 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 and/or the Services. 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. You acknowledge that FIT did not, does not and is not capable of giving you any medical advice before or after you access the Club, use the Equipment or participate in classes or sessions.

8.5 Access 

You must have an active Membership to use the Club. You must not use the Club if your Membership has expired, been terminated or is suspended. You may be denied access to the Club if you are not financial (i.e. have outstanding membership dues). To enter the Club, you must have downloaded the FIT Health Clubs app on your relevant app store and be logged in using your personal credentials (email and password). During first login, the app will request access to features like Bluetooth - This must be enabled to use access control and access the Club. To check in, simply tap the Check-In button at the top of the Mobile App when near a reader. You can only link one device to your Membership for Bluetooth access via the Mobile App.   If you are unable to check in via your Mobile App during Staffed Hours, you may request a manual check-in at the concierge desk, however you must check in to the Club on every visit.

8.6 Access during Unstaffed Hours

You acknowledge that there are no FIT staff members rostered to work during Unstaffed Hours and that access to the Club is at your own risk. Access to the Club during Unstaffed Hours is limited to the front stairwell. You may not access the Club via the Market Square lift during Unstaffed Hours.  It is important to note that there may not be a staff member present during this time, and you acknowledge this as a condition of accessing the Club. You must not ask another Member for access during Unstaffed Hours. If you are unable to use or access the Mobile App on your device during Unstaffed Hours you must not access the Club.  If you access the nurture zone (steam room, sauna and ice bath) during Unstaffed Hours, you must obtain and use a duress tag from the First Response Station situated near the bottom of the stairs on Level 1. Avoid entering alarmed zones during unstaffed hours.

8.7 Access by non-members and tail gaiting

FIT only grants Members access to the Club.  No Member is permitted to bring a non-member into the Club during Unstaffed Hours. A Member can bring a non-member into the Club during Staffed Hours provided the non-member agrees to a Casual Membership and pays upfront for a Single Visit Subscription. 

If you breach this clause, you acknowledge and agree that:

  1. you accept responsibility and liability for any injury, loss or damage suffered by the non-member or which the non-member causes to anyone else whether or not caused or contributed to by the negligence of FIT;
  2. you accept responsibility and liability for any damage to property of FIT or any other person which is caused by the non-member whilst in the Club; and
  3. FIT will be entitled to Direct Debit the Tail Gating Fee from your Billing Account. Repeated breaches of this clause may result in an increase to the Tail Gaiting Fee and suspension or termination of your Membership.
8.8 CCTV surveillance and security of personal items

For security purposes, FIT uses closed circuit television (CCTV) equipment to monitor the Club on a 24 hour basis.  While the CCTV is primarily for security purposes, it does not ensure protection against any misconduct, injury, or harm. CCTV surveillance may be used to identify tail gaiting and access by non-members. CCTV surveillance is limited to the Club floor area and nurture zones (steam room, sauna and ice bath) only. CCTV surveillance is not within the walls of the bathrooms.  By accepting these Terms and Conditions, you consent to FIT’s use of CCTV surveillance. Personal Information collected via CCTV surveillance is handled in accordance with our Privacy Policy. You should avoid bringing valuables into the Club and you should ensure all belongings remain with you all times. FIT bears no responsibility for lost, stolen or damaged items, whether on the Club premises or in any locker which you use. 

  1. Lockers are provided for members at their own risk. FIT Lane Cove will not be held responsible or liable for loss or damage to personal property stored in the lockers or on the premises whatsoever. Lockers operate using the Metra electronic locker system. To use the lockers, members must assign themselves a locker via the iPad screen or app, create a personal password, place their belongings inside, and securely close the locker. It is the member’s responsibility to ensure their locker is properly secured before leaving. Lockers automatically reset after 5 hours, at which point doors automatically open and contents may be removed. During staffed hours, members may request assistance from the concierge to unlock a locker if they experience difficulty.
8.9 Security and emergencies

The Club provides duress buttons, and security lanyards. We strongly recommend wearing the lanyards during Unstaffed Hours, as they alert security when activated. Use them only in actual emergencies, such as feeling threatened, unwell, or injured. You agree to cover any costs for damages caused by misuse. Follow all evacuation instructions from Market Square management during emergencies. An emergency First Response station with an AED and First Aid kit is located near the stairwell between levels 1 and 2. If duress tags or duress buttons are triggered, security will monitor CCTV and dispatch help if needed. Note, these systems do not replace emergency services; in emergencies, dial 000. Reception phones are available for this.

8.10 Equipment use

You must comply with all Equipment operating and safety instructions, and any other direction given by staff in the Club. If you are unsure about the proper and safe use of Equipment you must consult a staff member. You must not use the Equipment if there is no staff available. If you find or become aware of a fault in any piece of Equipment, you must not or must cease using the Equipment and either notify staff immediately, or if the Club is unstaffed position an Out of Order sign on the fault piece of Equipment and record the issue on the maintenance log located at the FIT First Response station located near the stairwell between levels 1 and 2. The Club is not liable for defects or faults in Equipment or for any injury you suffer as a result of use of the Equipment except to the extent caused by the Club’s negligence.

8.11 Group fitness classes

Members are required to arrive on time for all classes. Entry will not be permitted once a class has commenced. Any late arrivals will forfeit their booking. Your spot may be given to a waitlisted or walk-in participant after the scheduled class start time. This policy is in place to minimise disruption and maintain the quality and flow of each session for both instructors and fellow members. The group fitness timetable is subject to change at the discretion of Club management. The group fitness timetable and booking and cancellation policies are published on our Website and may be updated by us at our discretion from time to time.

8.12 Kids’ Club

Children aged 6 weeks and older can enjoy our Kids Club services while parents/guardians are working out within the Club. You may utilise the Kids Club for a maximum of two hours per day. We may change the operating hours of the Kids Club at any time at our discretion.  By utilising the Kids Club, you agree to the Kids Club Terms and Conditions, which are available both at the Kids Club entrance and online at https://www.fit.com.au/kids-club.  Children aged 8 years and above may sit quietly in the Members’ lounge whilst a parent/guardian is working out within the Club. You acknowledge that FIT is not responsible for and does not supervise any children in the Members’ lounge, including the movements of children to and from the premises and the interaction between children and other persons in the lounge.

9 MEMBERSHIP

9.1 Membership Types
  • Standard Membership: this is a full-priced Membership for individuals aged 18 years or older and excludes discounts.
  • Concessional Membership: this is a discounted Membership for eligible groups (students, seniors, special groups). You must provide valid documentation to verify your eligibility. Concessional Memberships can be extended to family of Members who have a Standard Membership.
  • Casual Membership: this is a single visit Membership.
  • Trial Membership: this is a short term Membership, typically one (1) day, and offered once-only per person and cannot be used with any other offer or discount. You must be 18 years or older.
9.2 Membership inclusions

Standard and Concessional Memberships include:

  1. 365-day access to the Club; 
  2. use of all Equipment; 
  3. participation in all Studios (with the exception of children below the age of 18);
  4. In Body Scan; 
  5. access to our Mobile App for studio bookings; 
  6. use of the Nurture Zone, including infrared sauna, dry sauna, steam room and ice bath; and 
  7. free use of Kids Club, subject to compliance with the Kids Club Terms and Conditions at https://www.fit.com.au/kids-club

Casual and Trial Memberships include:

  1. access to the Club during Staffed Hours;
  2. access to the Club during Unstaffed Hours for Casual Membership (there is no access to the Club during Unstaffed Hours for a Trial Membership);
  3. use of all Equipment; 
  4. participation in all Studios (with the exception of children below the age of 18);
  5. use of the Nurture Zone, including infrared sauna, dry sauna, steam room and ice bath; 
9.3 Membership Subscriptions

You can choose from the following payment options for your Membership:

  1. Annual Subscription – Membership Fees are paid fortnightly in advance; the Subscription Term of your Membership is 12 months from the Commencement Date; after the Subscription Term, your Membership automatically converts to a Month-to-Month Subscription until you cancel your Membership in accordance with clause 9.7 or we terminate your Membership in accordance clause 9.8; or
  2. Month-to-Month Subscription – Membership Fees are paid fortnightly in advance, the Subscription Term of your Membership is one month and automatically renews on a month to month basis until you cancel your Membership in accordance with clause 9.7 or we terminate your Membership in accordance clause 9.8.
  3. Prepaid Subscription – Membership Fees are prepaid for the whole of the Subscription Term; the Subscription Term of your Membership is stated in your Membership Agreement. When the Subscription Term expires, you can elect to prepay for a further Subscription Term or convert to an Annual Subscription or Month-to-Month Subscription.
  4. Single Visit Subscription – Membership Fees are paid on or before the date of entry to the Club; this Subscription Type applies to Casual Membership only; the Subscription Term of your Membership is a single entry visit and does not automatically renew.
  5. Free Subscription – there are no Membership Fees payable; this Subscription Type applies to Trial Membership only; the Subscription Term is one (1) day unless a longer period is agreed in writing by us and does not automatically renew.
9.4 Commencing, renewing and ending your Membership

Your Membership commences on the Commencement Date and continues for the Subscription Term. After the Subscription Term, your Membership will automatically renew as described in the section above. You can cancel your Membership during the Cooling-off Period in accordance with clause 9.6 or after the Cooling-off Period in accordance with clause 9.7 and we have rights to restrict, suspend or terminate your Membership in accordance with clause 9.8.

9.5 Suspending your Membership

You can suspend your Standard or Concessional Membership on multiple occasions, for up to 12 weeks in a 12 month period which is counted from the join date of your membership/contract. Each Suspension Period must be for a minimum of 2 weeks up to a maximum of 12 weeks. If you have a Prepaid Subscription, any Suspension Period will be added to the end of your pre-paid period. Your Membership suspension will take effect upon our receipt of the Suspension Fee. During the Suspension Period you will not be required to pay your Membership Fee and no access will be granted to the Club during this time.  All requests for suspensions must be submitted in writing to lanecove@fit.com.au or done via the Member Portal at least two (2) days prior to the requested suspension start date.  Under no circumstances will suspension requests be accepted or processed over the phone and cannot be applied retrospectively.

Extensions to current suspensions must be requested in writing two (2) days prior to the end of the current Suspension Period. Any extensions requested after this time will be a new Membership suspension request, and as such an additional Suspension Fee will be payable by you. Should you wish to return to the Club prior to the end of the suspension period, you may provide this notice in writing to lanecove@fit.com.au  or do so at the concierge desk upon your first visit back to the Club.  Before suspending your Membership, you must make sure your Membership Fees are up to date and there are no arrears outstanding on your account. You acknowledge that if your membership is currently suspended and you access the Club, your membership suspension will automatically end and your regular membership and associated fees will resume without notice.

You may cancel your Membership during a Suspension Period by providing notice in writing to lanecove@fit.com.au.  If your request to cancel is submitted at least two (2) business days prior to the end of the Suspension Period your Cancellation Date for the purposes of clause 9.7 will be the date that you submitted your notice and you will be charged an Administration Fee only. If your request to cancel is submitted less than two (2) business prior to the end of the Suspension Period then your Cancellation Date will be fourteen (14) days from the first Direct Debit date following expiry of the Suspension Period and you will be charged Membership Fees for this period. 

9.6 Cooling-off Period

All new Memberships are entitled to a Cooling-off Period.   During the Cooling-off Period, you can cancel your Membership by email to lanecove@fit.com.au. You must email us by no later than 11.59pm on the 7th day after the Commencement Date of your Membership or attend the Club in Person during Staffed Hours no later than the 7th day after the Commencement Date of your Membership. You cannot cancel over the phone. If you cancel during the Cooling-off Period in accordance with the above requirements, you will receive a full refund of all Fees paid minus the Administration Fee.  However, if you received a gift card with your Membership, you will be required to return the unused gift card or reimburse the value of the gift card upon cancellation.

9.7 Cancelling your Membership 

You may cancel your Membership at any time by providing us with written notice which will take effect 14 days from your next Direct Debit date (Cancellation Date). You will not be charged any Membership Fees from the Cancellation Date. You are entitled to access the Club up to and including the Cancellation Date. 

If you cancel:

  1. a Prepaid Subscription before it expires, you will be entitled to a refund of the unused portion of your prepaid Membership Fees, calculated on a pro rata basis, for the remaining Subscription Term less the Early Exit Fee; or 
  2. an Annual Subscription during the Subscription Term, you must pay the Early Exit Fee, 

except if:

  1. you cancel during the Cooling-off Period;
  2. we make a change to these Terms and Conditions which is materially detrimental to you (for the avoidance of doubt, you agree that changes to Club timetables, facilities, equipment and Staffed and Unstaffed Hours do not constitute a materially detrimental change);
  3. we breach our obligations to you under your Membership Agreement or your Direct Debit Agreement and we do not remedy the breach within 7 days of written notice from you; or
  4. the Club ceases to operate and we do not offer you a transfer to another Club with substantially the same benefits,in which case, if you cancel during the Cooling-off Period we will refund all Fees paid less the Administration Fee and you will not be required to pay the Early Exit Fee. 

You acknowledge that cancellations cannot be processed over the phone at any time.  You may visit the Club to cancel in-person, however you should still provide written cancellation as well via email to lanecove@fit.com.au or by letter. If you choose to mail a letter, please retain a copy for your records; failure to do so may result in an invalid cancellation if the letter is not received by us. You must complete any forms reasonably required by FIT to confirm cancellation of your Membership.  

9.8 Restriction, suspension or termination of your Membership by FIT

We may, at our election, restrict, suspend, or terminate your Membership on notice to you if:

  1. you breach these Terms and Conditions and fail to remedy the breach within 7 days of written notice from us;
  2. you breach these Terms and Conditions and the breach is not capable of remedy;
  3. in our reasonable opinion, your actions create a risk to the health and safety of others, to our property or to our reputation;
  4. you fail to pay Membership Fees or other Fees when due and you fail to remedy this within 7 days of written notice from us;
  5. we suspect you are involved, directly or indirectly in illegal activity in the Club; or
  6. the Club ceases to operate.

During any period in which your Membership is restricted, you must comply with the restrictions notified to you and you must continue to pay your Membership Fees in full. If you are on a Prepaid Subscription, you will not be entitled to any refund or extension of your prepaid term for the period in which the restrictions apply. During any period in which your access to the Club is suspended, you must not access or use the Club. If we have suspended your access to the Club due to non-payment of Fees, your Membership Fees will continue to accrue during the Suspension Period and you will be liable for payment of these accrued amounts in addition to any Late Payment Fees and other outstanding Fees. If we have suspended your access for any other reason, your Membership Fees will be suspended during the Suspension Period. If at the end of your Suspension Period we are of the reasonable opinion that the cause of your suspension has not been remedied, we may terminate your Membership on further notice to you. 

If we restrict or suspend your Membership, you may elect to cancel your Membership in accordance with clause 9.7 and will be liable for all Fees payable on cancellation. If your Membership is terminated by us, the termination will take effect upon the date specified in the notice (Termination Date). You must pay all Fees up to and including the Termination Date together with the Administration Fee and we may deduct these via Direct Debit from your Billing Account. If you are on a Prepaid Subscription, you will not be entitled to any refund for the unused period after the Termination Date. Your rights to access and use the Club will cease on the day after the Termination Date.

10. FEES

Your Membership is conditional on payment of all Fees by the due date for payment. Your Membership Fees are set out in your Membership Agreement and all other Fees are set out in our Fee Schedule. We may change our Fees from time to time by providing you with 30 days written notice to your Registered Email Address. All new Fees will apply 30 days after we provide you with written notice except for the following:

  1. if you are on an Annual Subscription – any change to your Membership Fee and the Early Exit Fee will not apply until you have completed the Subscription Term of your Membership or 30 days after we notify you of the new Fees (whichever is later);
  2. if you are on a Month-to-Month Subscription – any change to the Membership Fee will apply on your next monthly renewal or 30 days after we notify you of the new Fees (whichever is later);
  3. if you are on a Prepaid Subscription – any change to the Membership Fees and the Early Exit Fee will not apply to you unless and until you renew your Membership.
10.1 Fees payable by you

The following Fees are payable by you for your Membership of the Club:

  • Initiation Fee – this is the Fee you pay to join the Club, it is a once-off payment and is additional to your regular Membership Fees. There is no Initiation Fee payable for a Trial Membership or a Casual Membership.
  • Membership Fee – this is the Fee you pay for your access to and use of the Club and Services. Your Membership Fee is payable fortnightly in advance unless you are on a Prepaid Subscription or a Single Visit Subscription, in which case you will have prepaid your Membership Fee in full for the Subscription Term of your Membership. Your Membership Fee is not payable during a Suspension Period. If you are on a Prepaid Subscription, the Suspension Period will be added to the end of your Subscription Term.
  • Administration Fee – this Fee is payable by you if you cancel your Membership during a Suspension Period or within the Cooling-off Period, or we terminate your Membership in accordance with clause 9.8. The Administration Fee is payable on the Cancellation Date or Termination Date, whichever is applicable. 
  • Early Exit Fee – this Fee is payable by you if you are on a Prepaid Subscription or an Annual Subscription and during the Subscription Term you elect to cancel your Membership in accordance with clause 9.7 or we terminate your Membership in accordance with clause 9.8. The Early Exit Fee is payable on the Cancellation Date or Termination Date, whichever is applicable. The Early Exit Fee is not payable if you elect to cancel your Membership during the Cooling-off Period.
  • Late Payment Fee – this Fee is payable by you in the event of a failed Direct Debit payment to cover financial institution charges and administration time incurred by us as a result of the failed transaction. You authorise us to Direct Debit your Billing Account for any Late Payment Fee. Your rights to dispute this Fee are set out in clause 10.3.
  • Suspension Fee – this Fee is payable by you for each suspension request which you notify to us in accordance with clause 9.5 or which we notify to you in accordance with clause 9.8.  The Suspension Fee is payable on the date you notify us or we notify you of a suspension.
  • Tail Gate Fee – this fee is payable by you when a non-member accesses the Club via your Mobile App (including where they follow you into the Club). Repeated violations of the prohibition on tail gating will result in the Tail Gate Fee being doubled for subsequent violations and may result in a restriction, suspension or termination of your Membership in accordance with clause 9.8. You authorise us to Direct Debit your Billing Account for any Tail Gate Fee. Your rights to dispute this Fee are set out in clause 10.3.
It is a condition of entry to the Club that your Fees are paid by the due date for payment. If you fail to pay any Fees by the due date for payment, we may suspend your Membership and access to the Club until Fees have been paid in full.
10.2 Payment of Fees and Direct Debit arrangements

All Fees are payable by Direct Debit. You must complete a Direct Debit Request and enter into a Direct Debit Agreement with us to authorise Direct Debits from your Billing Account to pay your Fees.  By signing the Direct Debit Request, you authorise us to arrange for funds to be debited from or charged to your Billing Account in accordance with your Membership Agreement and your Direct Debit Agreement.  It is your responsibility to ensure that: (a) sufficient cleared funds are available in your Billing Account when the Direct Debit is to be processed; (b) the authorisation to debit your account is given by a person recognised by the financial institution where the account is held as an authorised person on the account; and (c) arrangements are made for payment by other means if the Direct Debit is cancelled by yourself, your financial institution or for any other reason.

Your Direct Debit will be processed on the dates when monies become due and payable under your Membership Agreement. If the due date for payment falls on a day other than a banking business day, the payment will be processed on the next banking business day. If you are uncertain when the Direct Debit will be processed, please check with your financial institution. We reserve the right to pass on any merchant fees incurred processing your Direct Debit. If your Direct Debit fails, we may re-bill the Direct Debit amount plus a Late Payment Fee before your next Direct Debit is due.  If this is unsuccessful then on the next Direct Debit date, we will debit the outstanding Fees, together with the Fees due on that date and including the Late Payment Fee. Your access to the Club may be suspended until the outstanding Fees are paid. For all matters relating to your Direct Debit Request, including cancellation, alteration or suspension of direct debit arrangements or to stop or defer a payment, or to investigate or dispute a previous payment, you must contact us by email to lanecove@fit.com.au. If you require urgent action, please email us and follow this up with a phone call to 02 9420 2815 or visit the Club in person to ensure that the matter is brought to our attention.

10.3 Disputing your Fees

If you dispute any Fees which have been Direct Debited from your Billing Account, you must contact us by email to lanecove@fit.com.au. If our investigations show that your account or credit card has been incorrectly debited or charged, we will arrange for the financial institution to adjust your account accordingly. We will also notify you in writing of the amount by which your account or credit card has been adjusted. If, following our investigations, we believe on reasonable grounds that your account or credit card has been correctly debited or charged, we will respond to your query by providing you with reasons and copies of any evidence for this finding. If we cannot resolve the matter, you can still refer it to your financial institution, which will obtain details from you of the disputed payment and may lodge a claim on your behalf.

10.4 Your Personal Information

If you become a Member, we will collect and process your Personal Information through our customer relationship management system known as GymMaster. A copy of GymMaster’s privacy policy is available at  https://www.gymmaster.com/privacy-policy/. Whether you elect to use either a credit card or bank account as your chosen direct debit method, your Personal Information will be disclosed to our third party provider, EziDebit. A copy of Ezidebit’s privacy policy is available at https://www.ezidebit.com/en-au/privacy-statement. You should read the relevant policies carefully and ensure that you are happy with it. If you do not accept the privacy policies of our third party Direct Debit service provider or member management software, we will not be able to provide you with Membership. When you enter into a Membership Agreement with us, you acknowledge and accept the privacy policy of the Direct Debit service provider that offer the relevant credit card or bank account Direct Debit service.

If we change our third party service providers, we will provide you with 30 days prior written notice by email to your Registered Email Address. If you do not accept our new third party service provider, you may cancel your Membership in accordance with clause 9.7. If you do not cancel your Membership within the 30 day notice period, you will be deemed to have accepted the new third party service provider and we will transfer your Personal Information, including your Direct Debit Request to ensure ongoing payment of your Fees.

11. INDEPENDENT PERSONAL TRAINERS (LICENSEES)

We will, to the best of our ability, assist you in resolving issues with contributors, however, we will not be held liable for any act of omission made by the provider. You are responsible for payment of any fees directly to Licensee Personal Trainers. To the extent permitted by law, you release us from any claim or liability arising from the representations, acts and omissions of the Personal Trainers who you engage.

11.1 Personal Trainers 

All Personal Trainers at the Club operate as independent Licensees (“Licensees”) and are not employees of FIT Lane Cove.  Licensees are self-employed and provide services under their own business arrangements.  Any fees for their services are paid directly to the Licensees.  The service provided by a Licensee is a contract between you and the Licensee only, and FIT Lane Cove does not accept any responsibility for any breach of this contract, any act of negligence by the trainer, or any fees, costs, or refunds associated with their services.  For clarity, as set out in the Anniversary Series & Complementary Personal Training Sessions clause, all complimentary PT sessions discontinue on 28 September 2025 and will not be issued or honoured past this date. 

11.2 Authorised Personal Training Licensees

You may only engage in Personal Training services within the Club with an authorised Personal Training Licensee, which can be found online. If in doubt of a trainer’s authorisation status, please confirm with Club management.

11.3 Insurance, Qualifications and Certifications

All authorised Licensees are required to maintain their own current professional indemnity and public liability insurance, and must hold up-to-date First Aid and CPR certification. Licensees are strongly recommended to maintain current registration with an appropriate fitness industry body (e.g., AUSactive). FIT Lane Cove does not warrant or guarantee the adequacy of such insurance, qualifications, or certifications, and members are encouraged to make their own enquiries.

11.4 Payments and Refunds

All payments for Licensee services are made directly between you and the Licensee. FIT Lane Cove does not hold, manage, or refund any payments on behalf of Licensees, nor are we responsible for disputes relating to fees, cancellations, or refunds.

11.5 Complaints or Disputes

Any concerns about a Licensee’s service should be raised directly with the Licensee in the first instance. FIT Lane Cove may, at its sole discretion, assist in facilitating communication between you and the Licensee, but is not responsible for resolving disputes.

11.6 No Endorsement or Guarantee

While Licensees are authorised to operate within the Club, FIT Lane Cove does not guarantee or endorse the outcomes of their services. Results from personal training will vary by individual, and members engage Licensees at their own risk.

11.7 Exclusivity of Training Services

For the safety, quality, and integrity of the Club, members must not engage third-party trainers who are not authorised Licensees (see 4.4.2). Any such unauthorised activity may result in termination of membership.

11.8 Privacy and Data

Licensees operate their own businesses and may collect, store, and use your personal information independently of FIT Lane Cove. FIT Lane Cove is not responsible for how Licensees manage such information. Members should seek a copy of the Licensee’s privacy practices before engaging their services.

12. RELEASE AND INDEMNITY

FIT recognises that the Australian Consumer Law includes consumer guarantees for the provision of goods or services that cannot be excluded, restricted, or altered by this Agreement.  Nothing in this Agreement is intended to exclude or limit the application of such laws or your rights under the consumer guarantees. You acknowledge that there are inherent risks in utilising the Club and its facilities and you further acknowledge that FIT and its directors, employees, contractors and agents are not medically qualified to assess whether any Equipment or Services offered by the Club are safe or suitable for your particular needs. You use the Club at your own risk and to the maximum extent permitted by law, all conditions, warranties, and terms implied by statute, common law, or otherwise are excluded, except to the extent expressly set out in these Terms and Conditions. 

To the maximum extent permitted by law, you release FIT, its directors, employees, contractors and agents from all liability arising under or in connection with your Membership Agreement and your use of the Club and Services, whether arising under contract, tort (including negligence), statute, equity or otherwise, including any direct, indirect, consequential and special damages and lost profit, revenue and savings (Release). FIT’s aggregate liability to you for all claims, losses, and damage which cannot be excluded by the Release shall be limited to the total Fees paid by you to FIT in the 12 months prior to the last event giving rise to liability. Nothing in this clause shall limit FIT’s liability to you for personal injury or death caused by FIT’s gross negligence or where such limitation is not permitted by law. You indemnify FIT, its directors, employees, contractors and agents (Indemnified Persons) from and against any claim brought by a third party against any of the Indemnified Persons arising from your breach of these Terms and Conditions or your negligence.

13. DISPUTE RESOLUTION

You must initiate any dispute or complaint related to the Club and/or the Services within (2) two years of when the claim or cause of action first arises.   The parties agree that neither FIT nor any Member will commence any court or arbitration proceedings to resolve a dispute under these Terms and Conditions or your Membership Agreement or Direct Debit Agreement (Dispute) unless the parties have complied with this clause. A party claiming a Dispute has arisen must give written notice (Notice) to the other party specifying the nature of the Dispute. Within 7 days of receipt of the Notice (or such further period as agreed in writing by them) senior management of FIT and the Members shall meet to discuss the Dispute and seek resolution. If a resolution is not reached within 21 days of such meeting, must refer the Dispute to mediation administered by NSW Fair Trading before commencing court or arbitration proceedings. Nothing in this clause shall prevent a party from seeking urgent interlocutory or equitable relief before an appropriate court.

14. GENERAL

These Terms and Conditions, together with your Membership Agreement and Direct Debit Agreement (where applicable) represents the entire understanding of the parties with regard to its respective subject matter and supersedes any previous communication, representation or agreement, whether oral or in writing. No variation to these Terms and Conditions or your Membership Agreement or Direct Debit Agreement will be effective unless in writing and signed by the parties or notified by us to you in accordance with clause 3. Neither of us shall be deemed to have waived any of these Terms and Conditions or any term of your Membership Agreement or Direct Debit Agreement unless such a waiver given by you is in writing and signed or emailed by you (or someone authorised to act on your behalf) or a waiver given by us is signed or emailed by a duly authorised representative of FIT and any such waiver shall only apply to the particular transaction, dealing or matter in respect of which it was given. We may subcontract any of our obligations under these Terms and Conditions, your Membership Agreement or your Direct Debit Agreement without your prior consent, provided that we shall remain responsible for performance of any subcontracted obligations. We may assign or novate your Membership Agreement and Direct Debit Agreement, in whole or in part, without your prior written consent in the event of a merger, reorganization, sale of all or substantially all of our assets, or any other restructuring of our business, provided that the assignee or successor agrees in writing to be bound by the terms and conditions of the foregoing agreements. These Terms and Conditions, your Membership Agreement and Direct Debit Agreement are binding on and benefit the parties and their respective successors and permitted assigns.

15. GOVERNING LAW

These Terms and Conditions, your Membership Agreement and Direct Debit Agreement are governed by the laws of New South Wales and the courts of New South Wales shall have exclusive jurisdiction.