Membership Terms and Conditions | Surge Fitness

Membership Terms & Conditions

TERMS & CONDITIONS

Before You enter into this Agreement please read it carefully as it outlines Your rights and obligations as a Surge member. By accepting this Agreement, you acknowledge and agree that You were provided a copy of the Terms & Conditions and You have read and understood this Agreement prior to accepting and signing this Agreement.

If You do not correctly sign this Agreement as indicated herein, or as advised by a Surge team member, You are deemed to have accepted the Terms & Conditions and agree to be bound by them if You attend at and/or use any Surge Fitness.

 

  1. Definitions

In these Terms and Conditions, unless the context states otherwise:

  • Agreement means this document encompassing the Your Membership Details, Summary Sheet and these Terms &Conditions.
  • Administration Fee means the fees payable for processing Your Application as set out in Schedule 2 – Fees.
  • Applicant means the person who applied for a membership and is named as the member in Your Membership Details.
  • Application means your request for membership to the Club by submission of this Agreement to Surge.
  • Biller means the third-party provider trading as Clubfit Software.
  • Business Day means a day on which trading banks are open for business in Western Australia provided that that day is not a Saturday, Sunday or Public Holiday.
  • Business Access Membership Rate means the business access membership rate as set out in Schedule 2 – Fees.
  • Cancellation Fee means the fee for terminating Your Membership other than during the Cooling Off Period or because of Your physical incapacity or permanent sickness as set out in Schedule 2 – Fees.
  • Card Fees means the fees payable for Your Membership Card as set out in Schedule 2 – Fees.
  • Class Exclusive means that the relevant Membership Type does not include any group fitness options.
  • Club means your primary/preferred Surge gym as identified in Your Membership Details.
  • Cooling-Off Period means a period of 7 days, starting on the time and date of acceptance of this Agreement, unless the Club has not opened then the start date is the time and date that the Club opens, and expires at the time 7 days later.
  • Creche Fees means the fees payable for use of the Creche as set out in Schedule 2 – Fees.
  • Dishonour Fee means the fee payable by You if for any reason the Biller is unable to process a Fee on the relevant due date as set out in Schedule 2 – Fees.
  • Facilities and Services includes Club premises and all exercise areas, bathrooms, equipment, weights, benches, machines, mats and any programs, products, classes and services, including but not limited to personal training, that You may use, subject to Your Membership Type applied for and granted to You.
  • Fees means Administration Fee, Cancellation Fee, Joining Fee, Membership Fee, Card Fee, Call Out Fee, Dishonour Fee and any other fee as notified by Surge from time to time as set out in Schedule 2 – Fees.
  • Freeze Fee means the fee for freezing Your Membership in accordance with clause 3 and as set out in Schedule 2 – Fees.
  • Guardian means the parent or legal guardian of the Applicant, if the Applicant is under the age of 18 years at the time of entering into this Agreement, who has entered into this Agreement on behalf of the Applicant.
  • Joining Fee means the initial fee to reserve Your position in the Surge membership base which entitles You to the discounted membership price structure as set out in Schedule 2 – Fees.
  • Junior Membership means, a membership granted to a person who is of a certain age as determined by Surge in its absolute discretion, and as stated in Your Membership Details (if applicable).
  • Kid Membership means, a membership granted to a person who is who is of a certain age as determined by Surge in its absolute discretion, and as stated in Your Membership Details (if applicable).
  • Late Fees means the fee payable if any Fee is not received by the due date by Surge, for any reason, including but not limited to insufficient funds in Your nominated bank account, in accordance with this Agreement.
  • Manager means the person/s nominated by Surge at each Club as the “manager” (from time to time) to manage the day-to-day operation of the relevant Club.  
  • Member means a person who has been granted a Membership by Surge.
  • Member Induction means an initial introduction and member induction meeting with a member of the Surge team to view and discuss the facilities at the Club.
  • Membership means this Agreement.
  • Membership Cancellation Form means the Membership Cancellation Form (as amended from time to time) available at each Club.
  • Membership Card means a membership card that allows you to access Surge Fitness.
  • Membership Fee means the fees paid by You, as set out in Schedule 2 – Fees, to allow You access to use the Facilities and Services stipulated in this Agreement.
  • Membership Term means the period of time as indicated in Your Membership Details.
  • Membership Type means Your membership type as set out in Your Membership Details and subject to the access set out in Schedule 1 – Membership Type – Access.
  • Periodic Billing means the weekly debit of Your nominated bank account or credit/debit card.
  • Pre-Payment means an upfront payment of all Membership Fees payable for Membership Type and Membership Term.
  • Staffed Hours means the hours that the Club is staffed, which may vary from time to time and between each Club. The hours are advertised within each Club and on the Surge website.
  • Summery Sheet means the page titled “Summary Sheet” provided with these Terms & Conditions.
  • Surge means Surge Enterprises Pty Ltd (ACN 608 417 125) and such other subsidiaries of Surge Enterprises Pty Ltd as are incorporated or settled from time to time as is applicable to the Club.
  • Surge Family Rate means the family rate as set out in Schedule 2 – Fees.
  • Surge Fitness means collectively the Clubs.
  • Terms & Conditions means the terms and conditions as set out in this Agreement, as amended from time to time.
  • Unauthorised Emergency Fee means the fee payable by You for the unauthorised use of the Emergency Exits/Duress System/Assistance Alarm as set out in Schedule 2 – Fees.
  • Unauthorised Guest Fee means the fee payable by You if you knowingly bring any unauthorised non-member or guest to Surge Fitness as set out in Schedule 2 – Fees.
  • Unpaid Fees means any and all fees You have not paid in accordance with this Agreement.
  • You means the person named as the member in the Your Membership Details, or in the case of an Applicant under the age of 18 years that Applicant’s Guardian and the Applicant (jointly and severally).
  • Your Membership Details means the detail gathering form to which these Terms& Conditions are annexed.

 

  1. Cooling Off Period
    • This Agreement is subject to the Cooling-Off Period.
    • Any and all payment of Fees, including but not limited to Administration Fee, Card Fee and Joining Fee, are non-refundable if this Agreement is terminated for any reason, including during the Cooling-Off Period.
    • If You wish to terminate this Agreement during the Cooling-Off Period, You must submit a completed Membership Cancellation Form, or a written notice with sufficient information necessary for Surge to identity You and Your Membership Type before the end of the Cooling-Off Period.
    • A notice of cancellation pursuant to clause 3 must be sent to the Manager of the Club, by email to the Club’s email address as set out in the Summary Sheet, or such email address as notified from time to time by Surge.
    • If the Membership Cancellation Form, or written notice of cancellation, is not received before the end of the Cooling-Off Period, this Agreement will not be treated as terminated in accordance with clause 3 but shall be treated as terminated in accordance with clause 14 and Fees shall be charged in accordance with that clause.

 

  1. Membership
    • Surge reserves the right to refuse entry to You or any person for any reason in its absolute discretion.
    • Subject to Surge, in its absolute discretion, granting You a Membership and You completing the Member Induction, You are entitled to use any and all Facilities and Services of Surge, conditional on Your Membership Type and for the Membership Term granted by Surge and these Terms & Conditions.
    • The Membership Period:
  • 18 Month Contract: for a 18-month period commences on the date Surge grants You a Membership and ends on the date 18 months later;
  • 12 Month Contract for a 12-month period commences on the date Surge grants You a Membership and ends on the date 12 months later;
  • 6 Month Contract: for a 6-month period commences on the date Surge grants You a Membership and ends on the date 6 months later;
  • 3 Month Contract: for a 3-month period commences on the date Surge grants You a Membership and ends on the date 3 months later; and
  • Flexi Contract: for a Flexi Contract, it commences on the date Surge grants You a Membership and continues indefinitely, but for a period of a minimum of 30 days, unless cancelled or terminated in accordance with the terms and conditions herein, this Agreement will automatically renew for the same period of time without either party needing to enter into a new Membership.
  • You acknowledge that Surge may provide a shorter Membership Period than as set out in clause 3.3 if the unexpired period of the lease of the relevant Club’s premises is shorter than the applied for Membership Period.
  • Surge grants You access in accordance with Your Membership Type as set out in Schedule 1 – Membership Type – Access.
  • You may, with the consent from Surge, bring a guest to the Club with You, provided that the guest is only in the relevant Club during that Club’s Staffed Hours.

 

 

  • Junior Memberships (if applicable): You acknowledge and agree that upon You attaining the maximum age (as stated in Your Membership Agreement), Your Junior Membership will transfer to a full adult membership with Your Membership Fee increasing to the Surge Family Rate
  • Kid Memberships (if applicable): You acknowledge and agree that upon You attaining the maximum age (as stated in Your Membership Agreement), Your Kid Membership will transfer to a Junior Membership with Your Membership Fee increasing to the Junior Membership fee
  • Reformer Memberships (if applicable): You acknowledge that Your Reformer Membership includes a set number of classes and that Surge does not guarantee You access to set Reformer classes each week. Each Reformer class is subject to capacity availability; therefore, bookings are essential. If You exceed Your set maximum number of weekly classes, then a Reformer casual class fee will be incurred, which You agree to pay as and when billed by Surge. If You have elected for a direct debit You authorise the Biller to deduct the appropriate casual class fee from Your nominated bank account.
  • S Connect Function Training (if applicable): You acknowledge that a myZone Heart Rate Monitor and a “Peak” Access Membership are required to access any S Connect Functional Training program.
  • Class Exclusive Membership (if applicable): You acknowledge that if Your Membership Type is Class Exclusive, if You attend a class You will incur a casual class fee for attending said class, and You agree to pay as and when billed by Surge. If You have elected for a direct debit You authorise the Biller to deduct the appropriate casual class fee from Your nominated bank account.
  • Group Fitness Studios: You acknowledge that the use of the Group Fitness Studios, including Cycle & Group Fitness studio, is limited to Group Fitness classes, Cycle classes and pre-approved sessions.

 

  1. Business Access/Corporate Membership
    • If Your Membership Type is a Corporate Membership You acknowledge and agree that:
  • You will provide Surge with evidence (e.g. corporate ID) of Your employment with the relevant employer upon request of Surge;
  • should Your employment cease with the relevant employer You will no longer qualify for the company subsidies contribution towards Your Membership Fee or any corporate discounts granted by Surge; and
  • should Your employer cease paying Your Membership Fee Your Membership Fee will automatically change to the full Business Access Membership Rate which You agree to pay in accordance with this Agreement. If You have elected for a direct debit You authorise the Biller to deduct the Membership Fee determined in accordance with this sub clause (c) from Your nominated bank account.

 

  1. Freezing Membership
    • You may apply for Your Membership to be temporarily suspend or frozen for medical or travel reasons, subject to written notice to Surge enclosing evidence of the reason for suspension or freezing. Surge may grant such a request in their absolute discretion.
    • A request to suspend or freeze Your Membership must be provided at least 7 days prior to Your proposed suspension or freeze date.
    • You may freeze Your Membership for a minimum of 2 weeks, and a maximum of 3 months in any 12-month period.
    • If Your Membership is suspended or frozen, then if Your Membership is a 12-month contract, the freeze period granted pursuant to clause 1 will extend the end date of this Agreement by the period frozen.
    • If You freeze Your Membership within the first 12 months of Your Membership, You agree to pay the Freeze Fee immediately and without delay. If You have elected for a direct debit You authorise the Biller to deduct the Freeze Fee from Your nominated bank account.

 

  1. Membership Card
    • At Your Member Induction You will be issued with Your Membership Card, which is issued to You personally and must not be shared for any reason with any other person.
    • You agree and will swipe Your Membership Card each and every time You use the Facilities and Services.
    • If Your Membership Card is forgotten, stolen, lost, damaged or destroyed You may access the Club during Staffed Hours if You show appropriate ID to the Club staff, which access may be granted or denied in the absolute discretion of the Surge staff.
    • If Your Membership Card is stolen, lost, damaged or destroyed You must notify the Club in writing immediately, and upon receipt of the Card Fee Surge will issue You with a replacement Membership Card.

 

  1. Your Health
    • You acknowledge and confirm that it is Your responsibility to ensure You are in good physical condition and know of no medical or other reason why You should not use the Facilities and Services.
    • You acknowledge and agree that if You are unsure as to Your health You will not use the Facilities and Services until You have sought appropriate medical guidance and been approved to use the Facilities and Services.
    • You represent to Surge, its management, associated companies, trusts, partnerships and other legal entities, their directors, officers, employees, agents and affiliates that You are physically capable of and there is no medical reason to prevent You from proceeding with the use of the Facilities and Services without endangering Your health. You acknowledge and confirm that You make this representation each and every time You use the Facilities and Services.
    • You acknowledge and agree that You will not use the Facilities and Services if You are suffering from any illness, disease, injury or other condition that could be a risk to Your health or safety or that of any other Member or employee of Surge.
    • Surge may suspend or cancel, in its absolute discretion, Your Membership if Surge has reason to suspect that You have not complied with this clause 7.
    • You acknowledge and agree that You use the Facilities and Services at Your sole risk and responsibility; You will not use the facilities and services if you are not medically or emotionally fit to do so.
    • You hereby indemnity and keep indemnified Surge, its employees and agents against any and all claims that You or any third party on Your behalf may make as a result of any injury or death caused to You or loss or damage caused to Your property from Your use of the Facilities and Services.

 

  1. Assumption of Risk / Injury and waiver of Claims
    • You acknowledge that Surge Fitness are unsupervised fitness centres and no employee is present or on site to help or assist You in using the equipment or to provide advice on exercises or training parameters.
    • You acknowledge that You will not hold Surge responsible for and Surge hereby excludes, to the extent permitted by law, all liability for any personal injury or damage whether direct, indirect, special or consequential suffered by You or loss of property by You while You are on any of Surge’s premises or arising in any way out of the use of the Facilities and Services provided by Surge, however that injury, damage or loss is caused, including if it is caused by the negligence of Surge.
    • You acknowledge that Surge gives no warranties in respect of the Facilities and Services it provides. You hereby release, indemnity and keep indemnified Surge from any injury or loss suffered by You while on any of Surge’s premises or arising in any way out of the use of the Facilities and Services provided by Surge.
    • You acknowledge and warrant that You are liable for any and all damage (whether direct or indirect) that You, Your Guest may cause to any and all of the Surge Facilities and Services and You agree and confirm that You will pay any and all costs, fees, liabilities and expenses (whether direct or indirect) that Surge may incur due to the damage suffered. You agree to pay any and all amounts Surge demands without delay and offset. If You have elected for a direct debit You authorise the Biller to deduct the costs, fees, liabilities and expenses incurred pursuant to this clause 4 from Your nominated bank account.

 

  1. Creche (if applicable)
    • Subject to Your Membership Type including Crèche access, You acknowledge that Surge does not guarantee availability at the Crèche, it is Your responsibility to book a place in the Crèche as and when Your require that service.
    • You acknowledge and agree that if a place is not available within the Crèche or You do not use the Crèche, Surge will not refund or credit Your Membership for non-use of Crèche.
    • You acknowledge and agree to pay the Crèche Fees for use of the Crèche immediately and without offset. If You have elected for a direct debit You authorise the Biller to deduct the Crèche Fees from Your nominated bank account.

 

  1. Your obligations
    • You agree and warrant:
  • to undertake and complete the Member Induction prior to use of the Facilities and Services or attendance at a fitness class;
  • that if Your Membership Type changes subsequent to entry into this Agreement, You will pay any and all Fees (being the rate at the relevant time) required under the new Membership Type in accordance with this Agreement and agree to remain subject to these Terms & Conditions, unless Surge requires You to enter into a new Agreement, at which time this Agreement shall be validly terminated;
  • to immediately notify Surge in writing if there is a risk to Your health if You use the Facilities and Services;
  • to pay any and all Fees as they fall due in accordance with this Agreement;
  • that there will be sufficient funds available to cover Your Fees;
  • that Surge is not liable for any and all costs, including but not limited to bank charges, incurred by You for any failed attempts to deduct the Fees from Your nominated bank account or charge Your debit/credit card on file for any reason, including but not limited to a change in banking details or insufficient funds in Your account;
  • to notify Surge of any issues with or change to Your credit card and bank account details immediately;
  • to scan your Membership Card upon entry at any Club;
  • to immediately report any lost or damaged Membership Card and to pay any and all Fees to replace the lost or damaged Membership Card;
  • to use Your own personal towel at all times whilst using the Facilities and Services;
  • to wear appropriate attire for the exercise to be engaged in (gloves and shoes must be worn at all times when using the boxing equipment), including but not limited to fully enclosed footwear and suitable clothing, use of inners when using supplied gloves;
  • to return all equipment to its place of storage;
  • to not provide or in any way allow a person (whether a Member or not of Surge) to use your Membership Card to access Surge Fitness;
  • that You will comply with any reasonable request from Surge staff, including with notices displayed around the Club;
  • use the Crèche only whilst attending the Club;
  • respect other Members’ privacy;
  • to not use mobile phones (or any such similar device) in the change rooms to protect Members’ privacy;
  • to take care to use the Facilities and Services safely and properly;
  • that the information provided in the Application is true and correct at the date of submission of the Application with Surge and is not misleading in any way;
  • comply with all Commonwealth and State Government Health Department conditions of access and safety guidelines in relation to COVID-19 (or any other such pandemic or epidemic) and any and all directives of Surge Fitness, implemented as a result of the Heath Department directives;
  • if You are not sure how to use a piece of equipment, You will ask the Surge staff member to demonstrate the correct use of the equipment; and
  • You will sign any and all reasonable waiver required by Surge in relation to any and all risk and liability that you may be exposed to while using the Facilities and Services.
    • You acknowledge that:
  • Surge may change the Facilities and Services in its absolute discretion without notice;
  • the Duress System/Assistance Alarm button is for emergency purposes only and should not be tampered with or used for any other purpose; and
  • the Emergency Exits are alarmed and should not be tampered with or used unless in an emergency.

 

  1. Surge Obligations
    • Surge will endeavour to provide the Facilities and Services in accordance with this Agreement.

 

  1. Fees
    • You agree to pay the Fees in accordance with this Agreement.
    • Your Membership may be terminated if any Fee remains unpaid for an extended period of time as determined by Surge in its absolute discretion. You will remain liable for any and all Unpaid Fees notwithstanding the fact that Your Membership has been terminated.
    • If You have elected to utilise the direct debit arrangement, You authorise our Biller, to deduct from that nominated account any and all Fees and other charges You are responsible for under this Agreement. This authority remains in place until You nominate another account, or this Agreement is terminated in accordance with these Terms & Conditions.
    • Surge may direct its Biller to debit any one or more of the Fees as set out in Schedule 2 – Fees.
    • You acknowledge and agree that:
  • if any Unpaid Fees remain outstanding for at least 30 days, then the balance of Your Membership Fees will become due and payable in full;
  • the Membership Fee is non-transferrable and non-refundable;
  • all Fees are inclusive of GST, but if the GST Rate is increase then the Fees will increase by the GST Rate amount as from the legislated date of increase;
  • if a direct debit plan is in place, that arrangement is an ongoing arrangement that will continue until such time as this Agreement is termination in accordance with the clauses herein and that You will remain liable for and must pay Your Membership Fees until such time as this Agreement is cancelled/terminated in accordance with the terms and conditions herein;
  • if You do not terminate/cancel this Agreement in accordance with the terms and conditions herein then You may be liable to Surge for damages for breach of contract;
  • if You cease the direct debit arrangement not in accordance with the terms and conditions herein then You may be liable to Surge for damages for breach of contract; and
  • any Fees paid by debit/credit card will incur a transaction fee equal to the amount of 1.5% of the Fee.
    • You agree and confirm that You will pay the:
  • Unauthorised Emergency Fee if You or Your Guest (or Your unauthorised guest) uses the Emergency Exit and/or the Duress System/Assistance Alarm for any purpose other than an emergency;
  • any and all costs, expenses, or liabilities incurred by Surge because of Your act (whether directly or indirectly) in using the Emergency Exit and/or the Duress System/Assistance Alarm for any purpose other than an emergency that are in excess of the Unauthorised Emergency. In the event that there are insufficient funds to satisfy the amount in full due under this sub-clause (b), the outstanding amount is deemed to be treated as Unpaid Fees;
  • Unauthorised Guest Fee for each person that attends Surge and uses the Facilities and Services in breach of clause 4.
    • If You have elected for a direct debit You agree and consent to the Biller deducting:
  • the Unauthorised Emergency Fee (per unauthorised use) from Your nominated bank account if You, or Your Guest (or Your unauthorised guest) uses the Emergency Exit and/or the Duress System/Assistance Alarm for any purpose other than an emergency;
  • any and all costs, expenses, or liabilities incurred by Surge because of Your act (whether directly or indirectly) in using the Emergency Exit and/or the Duress System/Assistance Alarm for any purpose other than an emergency that are in excess of the Unauthorised Emergency Fee from Your nominated bank account. In the event that there are insufficient funds to satisfy the amount in full due under this sub-clause (b), the outstanding amount is deemed to be treated as Unpaid Fees;
  • the Unauthorised Guest Fee from Your nominated bank account for each person that attends Surge and uses the Facilities and Services in breach of clause 4.

 

  1. Complaint/Feedback
    • If You believe we have not met Your expectations in some way and wish to lodge a complaint, please submit Your complaint in writing addressed to the relevant Club Manager.
    • Surge will endeavour to resolve the complaint as quickly as possible, with a response to Your complaint to be issued within a maximum of seven days from receipt of the written complaint.

 

  1. Cancellation
    • To cancel Your Membership, You must: give at least 30 days written notice of termination of this Agreement by completing the Membership Cancellation Form (or provide sufficient information for Surge to clearly identify You and the end date) and delivery it to the email address of the Club as set out in the Summary Sheet; complete an exit survey with a member of Surge; and pay the Cancellation Fee.
  • Surge will endeavour to respond to a request to cancel this Agreement within 2 Business Days of receipt of the Membership Cancellation Form, or sufficient information for Surge to clearly identity You and the end date. If You have not received confirmation of receipt of Your notice of cancellation within the time period specified herein Your cancellation notice is deemed to not have been received and You must re-send Your notice.
  • If You have elected to utilise the direct debit arrangement with the Biller, you authorise the Biller, on instruction from Surge, to deduct the Cancellation Fee from Your nominated bank account.
  • You will continue to be responsible for any and all Fees that fall due during the 30-day termination period or such other time period up until the Cancellation Date.
  • If You are unable to use your Membership as a result of permanent sickness or physical incapacity, You must provide a medical certificating stating that You are unable to use the fitness facilities or services provided by Surge due to the permanent sickness or physical incapacity.
  • You acknowledge that all Pre-Payment Membership Fees are non-transferable.
  • You acknowledge that You are unable to apply a cancellation notice period while Your Membership is on Freeze.

 

 

  • Club details:

    Contact details for Your Club are:

    Surge King Square

    Powerbase Holdings Pty Ltd (ACN 121 426 631) as trustee for the Taylor & Elliott Unit Trust (ABN 60 163 419 722) trading as Surge Fitness

    Level 3, 10 Telethon Avenue, Perth WA 6000

    Email: admin.ks3@surgefitness.com.au

    Surge Butler

    Surge Fitness Butler Pty Ltd (ACN 629 080 084) trading as Surge Fitness Butler

    Tenancy 11, Big Box Butler, 8 Butler Boulevard, Butler WA 6036

    Email: admin.butler@surgefitness.com.au

    Surge Clarkson

    Surge Fitness Clarkson Pty Ltd (ACN 650 743 767) trading as Surge Fitness Clarkson

    Unit 9, 61 Key Largo Drive, Clarkson WA 6030

    Email: admin.clarkson@surgefitness.com.au

    Surge Wanneroo

    Surge Fitness Wanneroo Pty Ltd (ACN 650 743 758) trading as Surge Fitness Wanneroo

    Unit 13, 1387 Wanneroo Road, Wanneroo WA 6065

    Email: admin.drovers@surgefitness.com.au

     

Termination

  • Surge may terminate this Agreement, immediately if:

 

  • You fail to pay any Fee in accordance with this Agreement;
  • You behave, conduct Yourself, dress or use of equipment and/or services is unacceptable in the opinion of Surge;
  • You fail to comply with a reasonable request from Surge;
  • You breach any term of this Agreement;
  • Club’s Facilities and Services are no longer available, safe or to the required standard in the opinion of Surge;
  • there is a risk to Your health, in Surge’s opinion, if You participate in the services offered by Surge.
    • For Advanced & Pre paid Memberships, if the Facilities and Services are no longer available, safe, or to the required standards, then Your Membership Fees paid in advance will be refunded for the balance of the period of Your Membership.
    • If this Agreement is terminated for any reason other than clause 1(e), no Fees will be refunded on termination of this Agreement.
    • You acknowledge and agree that You may be liable for damages for breach of contract if You do not terminate/cancel this Agreement in the manner set out herein.

 

  1. Privacy
    • As and from when You apply for a Membership with Surge, You will provide us with, and we will have access to Your personal information. Surge will only use Your personal information for the purposes of giving effect to this Agreement and in accordance with our Privacy Policy.

 

  1. Miscellaneous
    • Notices: Unless stated to the contrary herein, any written notice required to be provided under these Terms & Conditions  must be given to Surge in person, by email or post. A notice, approval, consent or other communication takes effect from the time it is received unless a later time is specified in it.
    • Timing of Notice: A letter is taken to be received:
  • in the case of hand delivery, then on delivery;
  • in the case of a posted letter, on the third (eighth, if posted to or from a place outside Australia or from one state or territory in Australia to another) clear Business Day after posting; and
  • in the case of email, then when the email together with any relevant attachment is received into the recipient’s information system in readable form,

PROVIDED FURTHER that if the delivery, receipt or transmission would otherwise be taken to be received on a day which is not a business day or would be taken to be received after 4:00 pm on the Business Day, then the letter will be taken to be received at 9:00 am on the next Business Day.

  • Security: Surge uses CCTV security cameras within all of the Clubs except the bathrooms. The security cameras record 24-hours a day and may have remote video guarding services. By entering into this Agreement You acknowledge and consent to such surveillance being taken and held by Surge.
  • Assignment: Surge may novate, assign or transfer its rights and interests in this Agreement to any person without notice.
  • Amendments: Surge reserves the right to change the Terms & Conditions at any time, including but not limited to access rights, Membership Types and Fees. Any change that may affect You and/or Your membership will be notified to You in writing by email.
  • Severability: If a court decides that any part of this Agreement is or becomes illegal, void or unenforceable, that part is deleted and this does not invalidate the rest of this Agreement.
  • Waiver: If Surge do not enforce a right under this Agreement at any time, it does not mean that Surge may not do so in future.
  • Entire Agreement: You agree that Surge have not made any representations or promises that You have relied on that are not in this Agreement.
  • Applicable Law: The law of jurisdiction of Western Australia applies to this Agreement.

 

Note, the Schedules are not published online but will be included in Your Membership Agreement.

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Important Information Regarding Your Surge Fitness Membership.

Yesterday’s announcement from our Prime Minister ordering the immediate closure of Fitness Facilities across the nation is significant a blow to all of us across many Industries. We understand that this decision has been based on the best advice currently available to those responsible for our safety and with the Impending state border closures, and increasing community concerns, meant that this decision was unavoidable.

As such, it is with great sadness that we today announce that all Surge Fitness clubs will temporarily close, effective from 12pm today, Monday 23rd March 2020.

At Surge Fitness, we believe that we can make a difference, change lives and build healthy communities. As a brand, we still have a lot of work to do and we all believe that we can continue to positively impact our members and the local communities at large during this time of uncertainty.

Like many of you, our business is facing unprecedented impacts both on our people and our business and we will continue to work through the issues together as effectively as possible.

During this time of closure, all memberships will be placed on complimentary freeze until we are in a position to resume our regular services. Surge Fitness has been working on contingency plans throughout the past few weeks to provide ongoing services to our members such as online & virtual training platforms including numerous resources to help support our members physical and mental health well-being.

Further announcements will be made in the coming days with communications to be published both on our social media platforms and via email once the government has clarified their position regarding the forced closure directive.

On behalf of all of the team at Surge Fitness we would like to thank you all for your ongoing support over the years. As a team we have shared some memorable experiences with you all. Today's forced closure is just a minor setback in our Health & Fitness journey together.