TERMS & CONDITIONS
INTRODUCTION
These Terms and Conditions, together with any Membership Agreement, Screening Tool, Waiver and DDR Service Agreement, set out the agreement (this Agreement) under the terms of which you or, where applicable, the person for whom you are the parent or guardian, (the Member, you, your) will obtain services, including the Activities, from Six Gold Stars Pty Ltd ABN 46 661 981 479 operating as Cube Fitness (Cube Fitness, we, us, our).
We may change these Terms and Conditions at any time by updating the Terms and Conditions page on our website, and your ordering of the Activities or using the Gym following such an update will represent an agreement by you to be bound by the Terms and Conditions as amended.
Changes to these Terms and Conditions will only apply to Membership Agreements entered into after the change occurs. However, we will only increase your Fees in accordance with clause 7.3 below.
1. MEMBERSHIP AGREEMENT, THIS AGREEMENT
(a) These Terms and Conditions will apply to all the Member's dealings with Cube Fitness, including being incorporated in all agreements or quotations under which Cube Fitness is to provide services to the Member (each a Membership Agreement) together with any additional terms included in such a Membership Agreement (provided such additional terms are recorded in writing).
(b) The Member will be taken to have accepted this Agreement if the Member accepts a Membership Agreement, or if the Member orders, accepts or pays for any Activities provided by Cube Fitness after receiving or becoming aware of this Agreement or these Terms and Conditions.
2. TERM
This Agreement commences on the Commencement Date and continues for the duration of the Minimum Term, and then automatically as a 'Month to Month' Membership Plan until terminated in accordance with clause 14.
3. COOLING OFF PERIOD
You are able to cancel this Agreement without incurring any cancellation Fees, if you notify us of your intent to cancel in writing within 7 days of signing this Agreement (Cooling Off Period). However, the Joining Fee and the Door Access Fee referred to in your Membership Agreement will not be refundable even if you cancel within the Cooling Off Period.
4. PARTICIPANT'S OBLIGATIONS
4.1 CAPACITY AND AGE(a)
The Member warrants that they:
(i) have the legal capacity and are of sufficient age to enter into a binding contract with us; and/or;
(ii) are the parent or guardian of the Member who consents to this Agreement on behalf of the Member.
(b) The Member acknowledges and agrees that:
(i) they must be at least 16 years of age to become a Member;
(ii) if they are not yet 18 years of age, they must only attend the Gym with supervision from a parent or guardian, unless their attendance is to participate in a Class run by Cube Fitness.
4.2 PRE-ACTIVITY OBLIGATIONS
The Member warrants that, on or prior to the Commencement Date, they:
(a) will complete the online Screening Tool and;
(i) if they answer 'yes' to any of the questions contained in the Screening Tool, obtain a doctor's certificate stating that they are allowed to participate in the Activities; or
(ii) if they answer 'yes' to any of the questions contained in the Screening Tool and cannot obtain a doctor's certificate stating that they are allowed to participate in the Activities, agree that they participate in the Activities at their own risk, if permitted to do so by Cube Fitness;
(b) have read and signed the online Waiver;
(c) have read and signed the online DDR Service Agreement; and
(d) accept any Third-Party Terms, in accordance with clause 10.
4.3 GENERAL
(a) The Member must provide Cube Fitness with all documentation, information and assistance reasonably required for Cube Fitness to provide the Activities;
(b) The Member must participate in any briefings and/or introductions as notified by Cube Fitness prior to engaging in any Activities; and
(c) If you are the Member's parent or guardian and the Member is under the age of 18, you must ensure that the Member complies with these terms, and agree to the terms of this Agreement in respect of the Member.
4.4 INSTRUCTIONS AND SAFETY
The Member warrants that they:
(a) have the opportunity and are strongly recommended to undertake an instructional consultation with Cube Fitness's Personnel prior to using the Gym or engaging in the Activities;
(b) will comply with any safety guidelines, instructions and/or rules that Cube Fitness's Personnel provide to them;(c) will comply with all operating and safety instructions provided on the equipment;
(d) will stop participating in any Activities, and alert Cube Fitness or its Personnel, if the Member has any concerns about their health or safety or if they start feeling dizzy, faint, unwell or feel any unusual pain during the Activities; and
(e) will be responsible for their own safety and that of any person under the age of 18 years for whom they have signed responsibility.
4.5 HEALTH AND STATE OF THE PARTICIPANT
The Member warrants that they:
(a) are not pregnant and do not have a health condition which might have the effect of making it more likely that they will be involved in an accident or injury while participating in the Activities (Condition);
(b) will notify Cube Fitness immediately if they develop a Condition;
(c) are aware and agree that if they have a Condition, Cube Fitness might refuse them participation in some and/or all Activities;
(d) are aware that the Activities, even when no accident occurs, may involve risk to health;
(e) will not participate in the Activities under the influence of drugs, alcohol or illicit substances;
(f) will not participate in the Activities, if ill, injured or feeling unwell; and
(g) will warm-up prior to participating in the Activities.
4.6 GYM USE
The Member must:
(a) use the access fob issued to them by Cube Fitness each time when entering the Gym;
(b) cover any surfaces at the Gym, including all equipment and exercise mats, with a clean towel during use and wipe down each piece of equipment after use;
(c) not use abusive, offensive or threatening language or behaviour while at the Gym;
(d) at all times wear clean clothing appropriate to the Activities they are undertaking and/or as instructed by Cube Fitness from time to time (jeans, work clothes, boots, or clothing with offensive or inappropriate images are not permitted);
(e) not train shirtless, unless engaged expressly permitted by Cube Fitness Personnel;
(f) not enter the Gym under the influence of drugs or alcohol;
(g) not smoke, consume alcohol, drugs, steroids, foods, and/or chew gum at the Gym;
(h) not use the equipment and/or facilities without seeking instructions from Cube Fitness Personnel if the Member is not familiar with the equipment and/or facilities;
(i) evaluate whether your current skills and physical condition allow you to use the equipment in a safe manner;
(j) not intentionally drop weights; and
(k) return weights to their correct place after use.
4.8 CARPARK
The Members understands and warrants that it uses any carpark facilities unsupervised and at their own risk. Cube Fitness will not be liable for any loss or damage suffered by the Member in connection with the Member's use of the carpark, even where Cube Fitness is negligent, to the maximum extent permitted under Australian Consumer Laws.
4.9 GUESTS
You may only bring guests to the Gym if:
(a) you obtain the permission of Cube Fitness's Personnel to do so;
(b) the guest visits the Gym during Staffed Hours, unless expressly permitted otherwise by Cube Fitness in writing;(c) the guest presents photo ID upon every visit;
(d) they read and agree to comply with these terms; and
(e) the guest completes the required forms as notified by Cube Fitness from time to time prior to using the equipment or facilities.
4.10 ACCESS FOB
(a) All new Members will need to purchase an access fob to gain secure entry to the Gym.
(b) Upon signing up as a Member, the Member acknowledges and agrees that a photo will be taken of the Member, and used and stored for security purposes. Such practices will be undertaken in compliance with our Privacy Policy.
(c) The Member must not share their access fob with anyone else and not use it to give access to the Gym to other people, including other members.
(d) The Member acknowledges and agrees that whenever the Member accesses the Gym it must use the access fob to register your attendance for safety, security and insurance purposes.
(e) The access fob remains the property of Cube Fitness and must be returned upon termination of this agreement.
(f) The replacement cost of a lost or damaged access fob is $10.
4.11 CHILDREN
Members are not permitted to bring children into the Gym while they engage in workouts or use the equipment. The Gym is strictly for the use of Members. Cube Fitness reserves the right to refuse entry or membership to any individual who does not comply with this clause.
4.12 PERSONAL TRAINERS AND ALLIED HEALTH PROFESSIONALS
(a) Members acknowledge that any personal training or allied health services provided within the Gym are separate from the Cube Fitness' operations.
(b) Only authorized Cube Fitness registered personal trainers (PTs) and allied health professionals (AHPs) are permitted to conduct personal training sessions or provide allied health services within the Gym.
(c) Cube Fitness will make available the contact details of all authorised PTs and AHPs. Members are advised to contact authorised PTs or AHPs directly for such services.
(d) Members acknowledge that conducting personal training sessions or providing allied health treatment within the Gym without being an authorized registered PT or AHP is strictly prohibited. Any such unauthorized activity may result in the cancellation of the Member's Membership without refund.
4.8 CARPARK
The Members understands and warrants that it uses any carpark facilities unsupervised and at their own risk. Cube Fitness will not be liable for any loss or damage suffered by the Member in connection with the Member's use of the carpark, even where Cube Fitness is negligent, to the maximum extent permitted under Australian Consumer Laws.
5. CLASSES AND GYM AVAILABILITY
5.1 CLASSES
If the Member's Activities include Reformer Pilates sessions and Fitness Classes (Classes), the Member acknowledges and agrees that:
(a) unless directed otherwise, they are required to book their Classes in advance via the member app or website; and
(b) any missed Classes will be forfeited by the Member and Cube Fitness will not be required to reschedule such Classes;
(c) if you miss a Class and do not provide Cube Fitness at least 2 hours' prior notice of your non-attendance, you will be charged a $10 no-show fee.
5.2 AVAILABILITY
(a) While Cube Fitness will endeavour to ensure that Classes and equipment are available during the advertised opening hours, on occasion, Classes or equipment may be full, unavailable or no longer offered and Cube Fitness will not be liable to the Member in such circumstances.
(b) Cube Fitness reserves the right to change the Classes and times offered at its absolute discretion without notice to the Member.
(c) The Member acknowledges that during public holidays and over the Christmas and New Year breaks, Cube Fitness classes are reduced in frequency and/or unavailable. This circumstance has been reflected in our Fees and the Member is not entitled to any fee discounts on this account.
6. 24/7 USE
6.1 CONDITIONS
If your Gym provides 24/7 Access and you access the Gym outside the Staffed Hours you understand and agree that:(a) you may only do so if your Activities include 24/7 Access of the Gym;
(b) you will be using the Gym and any facilities and equipment unsupervised, and as such you voluntarily expose yourself to higher risk of serious injury;
(c) there might not be anyone at the Gym to assist you in case of an accident;
(d) Cube Fitness's liability to you will be limited in accordance with this Agreement, specifically clause 11;
(e) some areas, including but not limited to the reception and office areas (Restricted Areas), will be out of bounds outside of the Staffed Hours and/or not included in your Activities and you will not be able to use the Restricted Areas;
(f) you must not engage in any unsupervised sparring or fighting; and
(g) you must not bring any person with you (including children of all ages) to the Gym, unless expressly permitted by Cube Fitness in accordance with clause 4.9.
6.2 CONSEQUENCES OF BREACH
If you breach clause 6.1(g) above:
(a) upon the first breach, your access to the Gym will be suspended for a period of 14 days without any notification to you and no Fees in relation to the 14 day suspension will be refundable to you; and
(b) upon any subsequent breaches, Cube Fitness will immediately terminate this Agreement and you will not be entitled to any refund of fees in accordance with clause 7.4.
7. PAYMENT
7.1 FEES
The Member must pay the Fees to Cube Fitness, in the amounts and at the times set out in the Membership Agreement or as otherwise agreed in writing.
7.2 DIRECT DEBIT
If the Member's Membership Plan is a Gym Only Membership Plan or a Full Membership Plan, to be paid by direct debit, the Member:
(a) agrees to enter into the online DDR Service Agreement with Ezidebit Pty Ltd ACN 096 902 813;
(b) authorises Cube Fitness to charge the Member's bank account in advance in line with the Membership Agreement and DDR Service Agreement;
(c) must ensure that there are sufficient funds available in their account to allow Ezidebit Pty Ltd ACN 096 902 813 to debit the Fees payable;
(d) must give Cube Fitness a notice of at least 48 hours if:
(i) the Member is transferring or closing the account specified in their DDR;
(ii) there are any changes to the Member's credit card specified in their DDR; and
(e) acknowledges and agrees that if a debit is returned by the Member's financial institution as 'unpaid':
(i) Cube Fitness will charge the Member a $10 dishonour fee in addition to any fees charged under the DDR Service Agreement by Ezidebit Pty Ltd ACN 096 902 813; and
(ii) Cube Fitness will suspend your Gym access until the amounts payable are received by Cube Fitness.
7.3 FEE INCREASES
We reserve the right to increase the Fees at any time after the period of your initial Membership Plan has ended, or at any time if your Membership Plan is 'Month to Month', by giving you a 31-day notice of such increase.
7.4 NON-REFUNDABLE FEES
All Fees (including Membership Fees, Door Access Fee and the Joining Fee) are non-refundable for change of mind.
7.5 INVOICES
If Cube Fitness issues an invoice to the Member, payment must be made by the time(s) specified in such invoice.
7.6 GST
Unless otherwise indicated, amounts stated in a Membership Agreement include GST.
7.7 EZIDEBIT PTY LTD ACN 096 902 813
Cube Fitness uses Ezidebit Pty Ltd ACN 096 902 813 to collect Fee payments. The processing of payments by Ezidebit Pty Ltd ACN 096 902 813 will be, in addition to this Agreement, subject to your online DDR Service Agreement and the privacy policy of Ezidebit Pty Ltd ACN 096 902 813. We are not liable for the security or performance of Ezidebit Pty Ltd ACN 096 902 813. We reserve the right to correct, or to instruct Ezidebit Pty Ltd ACN 096 902 813 to correct, any errors or mistakes in collecting your payment.
8. DEBT RECOVERY
If you do not pay an amount due under this Agreement on or before the date that it is due:
(a) Cube Fitness may seek to recover the amount due by referring the matter to debt collectors; and
(b) you must reimburse Cube Fitness for any costs it incurs, including any legal and debt collector costs, in recovering the amount due or enforcing any of its rights under this Agreement.
9. SUSPENSION OF MEMBERSHIP
9.1 GENERAL
(a) You may suspend your Membership Plan once in a calendar year for a minimum of 2 weeks and up to a maximum of 4 weeks.
(b) To suspend your Membership Plan you must:
(i) notify Cube Fitness in writing at least 7 days prior to the date of suspension; and
(ii) not have any outstanding Fees to pay to Cube Fitness
(c) If you suspend your Membership in accordance with clause 9
(a) during the Minimum Term, you acknowledge and agree that the Minimum Term will be suspended and will re-commence upon conclusion of the temporary suspension.
(d) No suspension fee is payable for suspensions granted under this clause.
9.2 SUSPENSION FOR INJURY
(a) If you are unable to use the Gym by reason of temporary physical incapacity, for a period of more than ten (10) consecutive calendar days, you may suspend your Membership Plan immediately for up to 3 months within any 12-month period by written notice to us via email, so long as that notice is accompanied by a verifiable medical certificate describing that you are unable to use our facilities.
(b) If you suspend your Membership in accordance with clause 9(b) during the Minimum Term, you acknowledge and agree that the Minimum Term will be suspended and will re-commence upon conclusion of the temporary suspension.
(c) No suspension fee is payable for suspensions granted under this clause.Note that we cannot backdate any suspension of membership requests.
10. THIRD PARTY GOODS AND SERVICES
(a) If Cube Fitness is required to acquire goods or services supplied by a third party, the Member may be subject to the terms and conditions of that third party ('Third Party Terms').
(b) Provided that Cube Fitness has notified the Member of such Third Party Terms and provided the Member with a copy of those terms, the Member agrees to any Third Party Terms applicable to any goods or services supplied by a third party that the Member or Cube Fitness acquires as part of providing the goods or services and Cube Fitness will not be liable for any loss or damage suffered by the Member in connection with such Third Party Terms.
11. LIABILITY AND INDEMNITIES
11.1 NO RELIANCE
The Member acknowledges that in deciding to pay for the Activities and in entering into this Agreement the Member has not relied on the skill or judgment of Cube Fitness and that the Member has satisfied itself as to the condition and suitability of the Gym and/or Activities and their fitness for the Member's purpose.
11.2 LIABILITY
(a) To the maximum extent permitted under applicable law, and without limiting any of the Member's rights under the Competition and Consumer Act 2010 (Cth) each party's liability for all claims in aggregate (whether those claims be for breach of contract, negligence or otherwise, and whether those claims are for economic loss, or for personal injury or other damage) arising under or in connection with this Agreement:
(i) is excluded, to the extent it concerns liability for indirect, special and consequential damages, and damages (whether direct or indirect) reflecting loss of revenue, loss of profits or loss of goodwill; and
(ii) is limited, insofar as it concerns other liability, to the total money paid to Cube Fitness under this Agreement as at the date the event giving rise to the relevant liability occurred (or, where there are multiple events, the date of the first such event).
(b) Clause 11.2(a) does not apply to the Member's liability in respect of loss or damage sustained by Cube Fitness arising from the Member's breach of clauses 4.2, 4.4, 4.5, 4.6, and 6.1.
11.3 RISK
(a) Participating in the Activities involves the potential for injury and the Member is participating in any Activities at their own risk with knowledge of the dangers involved, including but not limited to, physical injury, muscle and ligament strains, illness, bruising, falls, injury through equipment failure, injury through impact during martial arts participation and death.
(b) The Member acknowledges that there will be times where the Member will be unsupervised by any Cube Fitness Personnel and agrees to accept any risks of loss, injury, damage or death arising out of the Member's unsupervised use of the Gym, unless there is reckless disregard or gross negligence on Cube Fitness's behalf.
(c) The Member acknowledges that while Cube Fitness uses its best endeavours to ensure that the Gym and any facilities and/or equipment are free of faults and safety issues, there may be instances of equipment failure, and/or equipment and other objects may be left in incorrect positions by other Gym users. The Member agrees that Cube Fitness will not be liable for any loss or damage arising out of such circumstances unless there is reckless disregard or gross negligence on Cube Fitness's behalf.
(d) The Member will bear all risk of loss or destruction of, or damage to, any equipment and/or other property and/or people arising out or contributed to by their participation in the Activities.
12. WARRANTIES
(a) To the maximum extent permitted by applicable law, all express or implied representations and warranties (whether relating to fitness for purpose or performance, or otherwise) not expressly stated in this Agreement are excluded.
(b) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Member may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.
13. PRIVACY, PHOTOS & VIDEOS AND SURVEILLANCE
13.1 PRIVACY
You agree to be bound by our Privacy Policy, which is available at https://www.cubefitness.com.au/privacy-policy
13.2 SURVEILLANCE
You acknowledge and agree that we carry out continuous, ongoing camera surveillance on and around the Gym, for your safety and security.
14. CANCELLATION
14.1 BY CUBE FITNESS
Cube Fitness may terminate this Agreement in whole or in part immediately by written notice to the Member if the Member is in breach of any term of this Agreement.
14.2 NOTICE – ALL MEMBERS
Subject to clause 3, if you wish to cancel this Agreement, you must provide at least 4 weeks written notice to Cube Fitness (Notice).
14.3 MINIMUM TERM MEMBERSHIP PLAN
As you are on Minimum Term Membership Plan:
(a) you must pay Cube Fitness the full amount payable for the Minimum Term specified in the Membership Agreement, if the Notice is prior to the expiry of the Minimum Term; or
(b) if the Notice is after the expiry of the Minimum Term, we will refund any pro-rata direct debit that covers a period of time past the Notice period.
(c) if you join on a Full Membership Membership Plan and you decide to change to a Gym Only Membership Plan, you can only do so after the expiry of the Minimum Term.
14.4 SURVIVAL
Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of this Agreement will survive and be enforceable after such termination or expiry.
15. DISPUTE RESOLUTION
(a) A party claiming that a dispute has arisen under or in connection with this Agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
(b) A party that requires resolution of a dispute which arises under or in connection with this Agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
(c) Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.
16. NOTICES
(a) A notice or other communication to a party under this Agreement must be:
(i) in writing and in English; and
(ii) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party's Email Address, notice will be taken to be given:
(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this Agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
(ii) when replied to by the other party, whichever is earlier.
17. GENERAL
17.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
17.2 AMENDMENTS
This agreement may only be amended in accordance with a written agreement between the parties.
17.3 WAIVER
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
17.4 SEVERANCE
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
17.5 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
17.6 ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
17.7 COUNTERPARTS
This agreement may be executed in any number of counterparts. Each counterpart constitutes an original of this agreement and all together constitute one agreement.
17.8 COSTS
Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.
17.9 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
18. DEFINITIONS
In addition to capitalised terms defined in the Agreement Details above, capitalised terms used in this agreement will have the following meanings:
24/7 Access means: access to the Gym outside of the Staffed Hours.
Activities means: the Activities listed in the Membership Agreement to be provided to the Member by Cube Fitness.
Direct Debit Request, DDR means: the Direct Debit Request contained within your Agreement authorising Ezidebit Pty Ltd ACN 096 902 813 to debit your nominated account or credit card for Fees payable to Cube Fitness in accordance with the DDR Service Agreement.
DDR Service Agreement means: the DDR Service Agreement between you and Ezidebit Pty Ltd ACN 096 902 813 relating to the Fees payable under the Membership Agreement.
Commencement Date has the meaning set out in the Membership Agreement.
Fees has the meaning set out in the Membership Agreement.
Gym means the venue contained on the Membership Agreement.
Laws mean: any applicable statute, regulation, by-law, ordinance or subordinate legislation in force from time to time in the relevant jurisdiction(s) where the Activities are performed or received and includes any industry codes of conduct.
Member, you, your has the meaning set out in the Membership Agreement and includes the parent or guardian of the Member if the Member is under 18 years of age.
Membership Agreement has the meaning set out in clause 1(a) of these Terms and Conditions.
Membership Plan has the meaning set out in the Membership Agreement and relates to the contract length and payment terms a Member has selected.
Personnel means: in respect of a party, that party's officers, employees, contractors (including subcontractors) and agents.
Reformer Pilates Studio means: the reformer Pilates studio available in certain Memberships.
Staffed Hours means: the hours set out on our website http://www.cubefitness.com.au and amended from time to time as required.
Third Party Terms has the meaning set out in clause 10.
19. INTERPRETATION
In this Agreement, the following rules of interpretation apply:
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (gender) words indicating a gender includes the corresponding words of any other gender;
(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(d) (person) a reference to "person" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(e) (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(f) (this Agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this Agreement, and a reference to this Agreement includes all schedules, exhibits, attachments and annexures to it;
(g) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(h) (currency) a reference to "$" or "dollar" is to Australian currency;
(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(j) (includes) the word "includes" and similar words in any form is not a word of limitation; and
(k) (adverse interpretation) no provision of this Agreement will be interpreted adversely to a party because that party was responsible for the preparation of this Agreement or that provision.
For further information about our Terms or practices, please contact us using the details set out our website www.cubefitness.com.au or by emailing us at hornsby@cubefitness.com.au
Our Terms & Conditions policy was last updated on 8th November 2024.