1. About these terms
These Terms and Conditions govern your use of thepursuitgym.info and teamcbjc.info, your membership at The Pursuit Gym, and any coaching or personal training you buy from us.
In these terms, "we", "us" and "our" means Team CBJC Pty Ltd (ACN 697 882 214, ABN 34 697 882 214), trading as The Pursuit Gym and Team CBJC, of 11c/24 Kokera Street, Wallsend NSW 2287, Australia.
"You" means the person using our websites, our facilities, or purchasing our services.
By becoming a member, buying coaching, making a booking, or using our facilities, you agree to these terms. If you have signed a separate membership or coaching agreement, that agreement prevails over these terms to the extent of any inconsistency.
We may update these terms. The version published when you enter into an agreement with us is the version that applies to that agreement. We will give you reasonable notice of material changes.
2. What we offer
The Pursuit Gym provides gym membership and access to our facility at Wallsend.
Team CBJC provides personal training, online coaching, and competition preparation.
Both are operated by the same company. Where these terms refer to "coaching", they cover personal training, online coaching and competition preparation.
3. Membership
3.1 Eligibility
You must be at least 18 years old to hold a membership in your own right.
Members aged 16 and 17 may join with the written consent of a parent or guardian, who must co-sign the membership agreement and accepts responsibility for the member's compliance with these terms. Members under 18 must complete a supervised induction before training and may only train during staffed hours.
We do not offer membership to anyone under 16.
3.2 Your membership agreement
Your membership type, minimum term, fees, payment frequency and any joining fee are set out in your membership agreement when you join. We will give you a copy and you should keep it.
All fees are stated in Australian dollars and include GST.
3.3 Membership is personal to you
Your membership, key, fob or access code is for your use only. You must not lend, share or transfer it.
Allowing another person to use your access may result in immediate termination without refund, and we may charge you for any unauthorised entry.
3.4 Keeping your details current
You must tell us promptly if your contact details, payment details or health information change.
4. Cooling off
You may cancel your membership within 7 days of signing your membership agreement by giving us written notice to [email protected].
Where you have used the facilities during the cooling off period, we may charge you a reasonable amount for the services actually used, plus a reasonable administration fee. We will refund the balance within 14 days.
5. Fees and payment
5.1 How you pay
Membership fees are payable in advance by direct debit or card, processed by our payment provider, Stripe. Personal training and coaching are paid as set out in your agreement.
We will arrange and cancel your direct debit for you. You do not need to contact our payment provider or your bank separately.
5.2 Failed payments
You are responsible for making sure sufficient funds are available.
If a payment is dishonoured we may charge a dishonour fee of $9.90, being a reasonable estimate of the cost to us of the failed payment.
If your account remains in arrears for more than 14 days after we have given you written notice, we may suspend your access until the arrears are cleared, and may refer the debt to a collection agency.
We will not suspend your access without first giving you written notice and a reasonable opportunity to pay.
5.3 Changes to fees
We may change membership fees by giving you at least 30 days written notice. If you do not accept the change, you may cancel without penalty at any time before the new fee takes effect.
We will not change the fees for a minimum term you have already paid for in full.
6. Suspending your membership
You may suspend your membership for up to 8 weeks in any 12 month period by giving us at least 7 days written notice. There is no fee to suspend.
Your minimum term extends by the length of the suspension.
We will also consider longer suspension on compassionate grounds, including long term illness, injury, pregnancy or bereavement, on reasonable evidence.
7. Cancelling your membership
7.1 How to cancel
After the cooling off period you may cancel by giving us 14 days written notice to [email protected].
You do not need to attend the gym in person or telephone us to cancel. Written notice by email is sufficient.
Your membership remains active and payable during the notice period, and you may keep using the facilities until it ends.
7.2 Cancelling within a minimum term
Where your membership has a minimum term, that term is set out in your membership agreement and will not exceed 12 months.
If you cancel within the minimum term for a reason other than those in clauses 7.3 and 7.4, an early termination fee of $99 applies, in addition to the notice period. This fee is a reasonable estimate of the direct loss we incur when a membership ends early, and is not a penalty.
At the end of the minimum term your membership continues month to month unless you tell us otherwise. You may cancel at the end of the minimum term without any early termination fee by giving notice under clause 7.1.
7.3 Cancelling on medical grounds
We will cancel your membership without penalty and without requiring the notice period where you give us a certificate from a registered medical practitioner stating that you are unable to use the facilities, either permanently or for a period of more than three months, because of illness, injury or a pregnancy related condition.
Where the condition is temporary, you may instead suspend under clause 6.
7.4 Cancelling on relocation grounds
We will cancel your membership without penalty where you give us reasonable evidence that you have permanently relocated more than 20 km from the gym.
Acceptable evidence includes a rental agreement, rates notice, utility bill or employment contract showing the new address.
7.5 When we may cancel
We may suspend or terminate your membership immediately where you:
- Seriously or repeatedly breach these terms or our gym rules
- Behave in a way that threatens the safety or wellbeing of any person
- Harass, abuse, intimidate or threaten members, staff or contractors
- Use, possess or supply illegal substances on our premises
- Give us false or incomplete health information
- Fail to pay after we have given written notice and a reasonable opportunity to pay
Where we terminate because of your conduct, no refund is payable. Where we terminate for any other reason, we will refund the unused portion of any prepaid fees within 14 days.
7.6 Refunds
Where a refund is payable we will pay it within 14 days of the cancellation taking effect.
Nothing in this clause limits your rights under the Australian Consumer Law.
8. Access and opening hours
Our staffed hours are:
Days (Monday, Tuesday, Wednesday, Friday at 9:00am to 6:00pm, Thursday at 9:00am to 7:30pm, Saturday at 7:00am to 12:00pm and Sunday we are Closed. Hours may change, including on public holidays and during the Christmas and New Year period. We will give reasonable notice where we can.
Staffing levels vary. A staff member is not present on the floor at all times during opening hours. You should not assume supervision or assistance is available, and you must train within your own capability.
If we introduce extended or 24 hour access in future, we will notify members and additional access conditions will apply.
9. Health and safety
Please read this section carefully.
9.1 Pre-exercise screening
Before using the facilities or beginning any program you must complete our pre-exercise screening questionnaire and disclose any medical condition, injury, illness, pregnancy, disordered eating history, medication or supplement use that may affect your ability to exercise safely.
You must tell us promptly if any of that information changes.
9.2 Medical clearance
We may require written clearance from a registered medical practitioner before you begin or continue. We may decline to provide services until that clearance is given.
9.3 We are not medical practitioners
Our staff and coaches are qualified fitness professionals. They are not doctors, physiotherapists, dietitians or psychologists.
Nothing we provide is medical advice, diagnosis, treatment, physiotherapy or clinical dietetic advice. Our nutrition guidance is general fitness related nutrition support and is not a therapeutic dietary treatment for any medical condition.
You should consult your doctor before starting any new training or nutrition program, and before making significant changes to your diet or body weight.
9.4 Your acknowledgements
You acknowledge that:
Physical exercise and dietary change carry inherent risks, including injury, aggravation of an existing condition, and in rare cases serious injury or death
- You are responsible for the accuracy and completeness of the health information you give us
- You will use equipment only as intended and within your capability
- You will stop and seek assistance if you feel unwell, dizzy, faint or experience pain
- You will complete an induction before using the facilities unsupervised
9.5 Supplements and prohibited substances
Any supplement you take is your own decision and at your own risk. You are responsible for checking that it is legal, safe for you, compatible with your medications, and permitted by any sporting body you compete under.
We do not supply, prescribe or recommend any substance that is prohibited under Australian law or under the World Anti-Doping Code.
10. Gym rules
While at the gym you must:
- Follow the reasonable directions of our staff
- Complete an induction before training unsupervised
- Use equipment as intended, use collars on barbells, and re-rack all weights
- Wear appropriate enclosed footwear and clothing
- Wipe down equipment after use
- Not drop or throw weights except in designated areas
- Not attend while under the influence of alcohol or illicit drugs
- Not use, possess or supply performance enhancing substances that are illegal in Australia on our premises
- Not film or photograph any other person without their consent
- Not coach or train other people for payment on our premises without our written permission
- Treat other members, staff and the facility with respect
We may refuse entry, remove you from the premises, or terminate your membership for breach of these rules.
11. Personal training
11.1 Cancelling a session
Sessions must be cancelled or rescheduled at least 24 hours before the scheduled start time.
Sessions cancelled with less notice, and sessions you do not attend, are forfeited and charged in full.
Where we cancel a session, we will reschedule it at no cost to you.
11.2 Pre-paid session packs
Pre-paid session packs are valid for 12 months from the date of purchase. We will remind you at least 30 days before expiry. Unused sessions after that date are forfeited unless we agree otherwise in writing.
11.3 Your trainer
We will use reasonable efforts to provide your preferred trainer, but may substitute an equally qualified trainer where necessary. We will tell you if we do.
12. Online coaching
12.1 What you receive
Your package sets out what is included, including program delivery, check in frequency, communication channels and expected response times.
12.2 Your responsibilities
Online coaching depends on your input. You are responsible for completing check ins, reporting accurately, and telling us promptly about any injury, illness or change in your circumstances.
We cannot supervise your technique in person. You are responsible for training in a safe environment and within your capability.
12.3 Billing and cancellation
Online coaching is billed monthly in advance. You may cancel by giving 14 days written notice before your next billing date. Cancellation takes effect at the end of the period you have paid for.
We do not refund the current period once coaching for that period has begun, except where required by the Australian Consumer Law.
12.4 Competition preparation
Where you commit to a preparation block tied to a competition date, the terms of that block are set out in your coaching agreement and may differ from clause 12.3.
12.5 Programs are personal to you
Programs, plans and materials we provide are licensed to you for your personal, non-commercial use only, for the duration of your coaching. You must not copy, share, resell, publish, or use them to coach others.
13. Your property
Lockers, where provided, are for use during your visit only.
We are not liable for loss of or damage to personal property brought onto our premises, except to the extent caused by our negligence.
We may remove and dispose of items left on the premises after closing in accordance with the Uncollected Goods Act 1995 (NSW).
14. Photography, video and content
We take photographs and video at the gym and at events for marketing purposes.
Where we want to use content that identifies you, we will ask you to complete our content consent form. You may decline, and you may withdraw consent at any time by contacting us, in which case we will stop using that content in future material. We may not be able to recall material already printed, published or distributed by third parties.
Members must not film or photograph other people without their consent. Filming is not permitted in change rooms or bathrooms at any time.
15. Results and testimonials
We do not guarantee any particular result.
Outcomes depend on many factors including your consistency, adherence, nutrition, sleep, stress, genetics, medical history and circumstances.
Any results, transformations or testimonials shown on our websites or social media are the individual experiences of specific people over specific timeframes. They are not typical results, are not guaranteed, and are not a promise of what you will achieve.
Rapid changes in body weight are not appropriate for everyone and are undertaken only after individual assessment.
16. Australian Consumer Law
Our services come with guarantees that cannot be excluded under the Australian Consumer Law.
For major failures with a service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time, and if this is not done, to cancel your contract and obtain a refund for the unused portion.
Nothing in these terms excludes, restricts or modifies those rights.
17. Our liability
Subject to clause 16, and to the maximum extent permitted by law:
We are not liable for any indirect, special or consequential loss
Our total liability to you for any claim is limited to the amount you have paid us in the 12 months before the claim arose, or to resupplying the service, at our option
We are not liable for loss or injury arising from your failure to disclose relevant health information, your failure to follow our instructions or the directions of our staff, or your misuse of equipment
18. Facilities and equipment
We may close all or part of the facility for maintenance, repairs, refurbishment or events, and may remove, replace or relocate equipment.
We will give reasonable notice where we can. Short closures do not entitle you to a refund. Where a closure extends beyond 7 consecutive days, we will extend your membership by the length of the closure.
19. Privacy
We handle your personal information in accordance with our Privacy Policy at thepursuitgym.info/privacy-policy, which forms part of these terms.
This includes health information, which is sensitive information under the Privacy Act 1988 (Cth) and is collected only with your consent.
20. Complaints and disputes
Please contact us first at [email protected]. We will acknowledge your complaint within 2 business days and aim to resolve it within 30 days.
If we cannot resolve it, you may contact NSW Fair Trading at fairtrading.nsw.gov.au or on 13 32 20.
21. General
Governing law. These terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales.
Severability. If any part of these terms is found to be unenforceable, the rest continues to apply.
Entire agreement. These terms, your membership or coaching agreement, and our Privacy Policy form the entire agreement between us.
No waiver. If we do not enforce a right under these terms, that does not mean we have given up that right.
22. Contact us
Team CBJC Pty Ltd ACN 697 882 214 · ABN 34 697 882 214 Trading as The Pursuit Gym and Team CBJC
11c/24 Kokera Street, Wallsend NSW 2287
General and membership enquiries: [email protected] Personal training enquiries: [email protected]